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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Benefits Protection Act of
2005''.
SEC. 2. PROPER ADMINISTRATION OF INTERNAL REVENUE LAWS AND
NONDISCRIMINATION REQUIREMENTS.
(a) In General.--The Secretary of the Treasury shall take no action
in contravention of section 204(b)(1)(G), 204(b)(1)(H)(i), or 204(g) of
the Employee Retirement Income Security Act of 1974, section
411(b)(1)(G), 411(b)(1)(H)(i), or 411(d)(6) of the Internal Revenue
Code of 1986, or section 4(i)(1)(A) of the Age Discrimination in
Employment Act of 1967.
(b) Directive.--The Secretary of the Treasury shall apply section
411(b)(1)(H) of the Internal Revenue Code of 1986 without regard to the
portion of the preamble to Treasury Decision 8360 (56 Fed. Reg. 47524-
47603, September 19, 1991) which relates to the allocation of interest
adjustments through normal retirement age under a cash balance plan, as
such preamble is and has been since its adoption without the force of
law.
SEC. 3. PROTECTION OF PARTICIPANTS FROM CONVERSIONS TO HYBRID DEFINED
BENEFIT PLANS.
(a) Election to Maintain Rate of Accrual in Effect Before Plan
Amendment.--
(1) Amendment to erisa.--Section 204(b)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1))
is amended by adding at the end the following new subparagraph:
``(I)(i) Notwithstanding the preceding subparagraphs, in the case
of a plan amendment to a defined benefit plan--
``(I) which has the effect of converting the plan to a plan
under which the accrued benefit is expressed to participants
and beneficiaries as an amount other than an annual benefit
commencing at normal retirement age (or which has a similar
effect as determined under regulations issued under clause
(iv)), and
``(II) which has the effect of reducing the rate of future
benefit accrual of 1 or more participants, such plan shall be
treated as not satisfying the requirements of this paragraph
unless such plan meets the requirements of clause (ii).
``(ii) A plan meets the requirements of this clause if the plan
provides each participant who has attained 40 years of age or 10 years
of service (as determined under section 203) under the plan at the time
such amendment takes effect with--
``(I) notice of the plan amendment indicating that it has
such effect, including a comparison of the present and
projected values of the accrued benefit determined both with
and without regard to the plan amendment, and
``(II) an election upon retirement to either receive
benefits under the terms of the plan as in effect at the time
of retirement or to receive benefits under the terms of the
plan as in effect immediately before the effective date of such
plan amendment (taking into account all benefit accruals under
such terms since such date).
``(iii) For purposes of clause (i), an accrued benefit shall
include any early retirement benefit or retirement-type subsidy (within
the meaning of subsection (g)(2)(A)), but only with respect to a
participant who satisfies (either before or after the effective date of
the amendment) the conditions for the benefit or subsidy under the
terms of the plan as in effect immediately before such date.
``(iv) The Secretary shall issue regulations under which any plan
amendment which has an effect similar to the effect described in clause
(i)(I) shall be treated as a plan amendment described in clause (i)(I).
Such regulations may provide that if a plan sponsor represents in
communications to participants and beneficiaries that a plan amendment
has an effect described in the preceding sentence, such plan amendment
shall be treated as a plan amendment described in clause (i)(I).''.
(2) Amendment to internal revenue code.--Section 411(b)(1)
of the Internal Revenue Code of 1986 (relating to accrued
benefit requirements for defined benefit plans) is amended by
adding at the end the following new subparagraph:
``(I) Election to maintain rate of accrual in
effect before certain plan amendments.--
``(i) In general.--Notwithstanding the
preceding subparagraphs, in the case of a plan
amendment to a defined benefit plan--
``(I) which has the effect of
converting the plan to a plan under
which the accrued benefit is expressed
to participants and beneficiaries as an
amount other than an annual benefit
commencing at normal retirement age (or
which has a similar effect as
determined under regulations issued
under clause (iv)), and
``(II) which has the effect of
reducing the rate of future benefit
accrual of 1 or more participants, such
plan shall be treated as not satisfying
the requirements of this paragraph
unless such plan meets the requirements
of clause (ii).
``(ii) Requirements.--A plan meets the
requirements of this clause if the plan
provides each participant who has attained 40
years of age or 10 years of service (as
determined under subsection (a)) under the plan
at the time such amendment takes effect with--
``(I) notice of the plan amendment
indicating that it has such effect,
including a comparison of the present
and projected values of the accrued
benefit determined both with and
without regard to the plan amendment,
and
``(II) an election upon retirement
to either receive benefits under the
terms of the plan as in effect at the
time of retirement or to receive
benefits under the terms of the plan as
in effect immediately before the
effective date of such plan amendment
(taking into account all benefit
accruals under such terms since such
date).
``(iii) Treatment of early retirement
benefits and retirement-type subsidies.--For
purposes of clause (i), an accrued benefit
shall include any early retirement benefit or
retirement-type subsidy (within the meaning of
subsection (d)(6)(B)(i)), but only with respect
to a participant who satisfies (either before
or after the effective date of the amendment)
the conditions for the benefit or subsidy under
the terms of the plan as in effect immediately
before such date.
``(iv) Regulations.--The Secretary shall
issue regulations under which any plan
amendment which has an effect similar to the
effect described in clause (i)(I) shall be
treated as a plan amendment described in clause
(i)(I). Such regulations may provide that if a
plan sponsor represents in communications to
participants and beneficiaries that a plan
amendment has an effect described in the
preceding sentence, such plan amendment shall
be treated as a plan amendment described in
clause (i)(I).''.
(b) Effective Date and Related Rules.--
(1) In general.--The amendments made by this section apply
to plan amendments taking effect before, on, or after the date
of the enactment of this Act.
(2) Special rule.--In the case of a plan amendment taking
effect before 90 days after the date of the enactment of this
Act, the requirements of section 204(b)(1)(I) of the Employee
Retirement Income Security Act of 1974 (as added by this
section) and section 411(b)(1)(I) of the Internal Revenue Code
of 1986 (as added by this section) shall be treated as
satisfied in connection with such plan amendment, in the case
of any participant described in such sections 204(b)(1)(I) and
411(b)(1)(I) in connection with such plan amendment, if, as of
the end of such 90-day period--
(A) the notice described in clause (i)(I) of such
section 204(b)(1)(I) and clause (i)(I) of such section
411(b)(1)(I) in connection with such plan amendment has
been provided to such participant, and
(B) the plan provides for the election described in
clause (i)(II) of such section 204(b)(1)(I) and clause
(i)(II) of such section 411(b)(1)(I) in connection with
such participant's retirement under the plan.
SEC. 4. PREVENTION OF WEARING AWAY OF EMPLOYEE'S ACCRUED BENEFIT.
(a) Amendment to ERISA.--Section 204(g) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1054(g)) is amended by adding at
the end the following new paragraph:
``(6)(A) For purposes of paragraph (1), an applicable plan
amendment adopted by a large defined benefit plan shall be treated as
reducing accrued benefits of a participant if, under the terms of the
plan after the adoption of the amendment, the accrued benefit of the
participant may at any time be less than the sum of--
``(i) the participant's accrued benefit for years of
service before the effective date of the amendment, determined
under the terms of the plan as in effect immediately before the
effective date, plus
``(ii) the participant's accrued benefit determined under
the formula applicable to benefit accruals under the current
plan as applied to years of service after such effective date.
``(B) For purposes of this paragraph--
``(i) The term `applicable plan amendment' means a plan
amendment which has the effect of converting the plan to a plan
under which the accrued benefit is expressed to participants
and beneficiaries as an amount other than an annual benefit
commencing at normal retirement age (or which has a similar
effect as determined under regulations of the Secretary).
``(ii) The term `large defined benefit plan' means any
defined benefit plan which had 100 or more participants who had
accrued a benefit under the plan (whether or not vested) as of
the last day of the plan year preceding the plan year in which
the plan amendment becomes effective.
``(iii) An accrued benefit shall include any early
retirement benefit or retirement-type subsidy (within the
meaning of paragraph (2)(A)), but only with respect to a
participant who satisfies (either before or after the effective
date of the amendment) the conditions for the benefit or
subsidy under the terms of the plan as in effect immediately
before such date.''.
(b) Amendment to Internal Revenue Code.--Section 411(d)(6) of the
Internal Revenue Code of 1986 (relating to accrued benefit may not be
decreased by amendment) is amended by adding at the end the following
new subparagraph:
``(F) Treatment of plan amendments wearing away
accrued benefit.--
``(i) In general.--For purposes of
subparagraph (A), an applicable plan amendment
adopted by a large defined benefit plan shall
be treated as reducing accrued benefits of a
participant if, under the terms of the plan
after the adoption of the amendment, the
accrued benefit of the participant may at any
time be less than the sum of--
``(I) the participant's accrued
benefit for years of service before the
effective date of the amendment,
determined under the terms of the plan
as in effect immediately before the
effective date, plus
``(II) the participant's accrued
benefit determined under the formula
applicable to benefit accruals under
the current plan as applied to years of
service after such effective date.
``(ii) Definitions.--For purposes of this
subparagraph--
``(I) Applicable plan amendment.--
The term `applicable plan amendment'
means a plan amendment which has the
effect of converting the plan to a plan
under which the accrued benefit is
expressed to participants and
beneficiaries as an amount other than
an annual benefit commencing at normal
retirement age (or which has a similar
effect as determined under regulations
of the Secretary).
``(II) Large defined benefit
plan.--The term `large defined benefit
plan' means any defined benefit plan
which had 100 or more participants who
had accrued a benefit under the plan
(whether or not vested) as of the last
day of the plan year preceding the plan
year in which the plan amendment
becomes effective.
``(III) Protected accrued
benefit.--An accrued benefit shall
include any early retirement benefit or
retirement-type subsidy (within the
meaning of subparagraph (B)(i)), but
only with respect to a participant who
satisfies (either before or after the
effective date of the amendment) the
conditions for the benefit or subsidy
under the terms of the plan as in
effect immediately before such date.''.
(c) Effective Date and Related Rules.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section apply to plan amendments taking
effect before, on, or after the date of the enactment of this
Act.
(2) Special rule.--Notwithstanding paragraph (1), the
amendments made by this section shall not apply in connection
with any participant with respect to any plan amendment which
has taken effect before 90 days after the date of the enactment
of this Act if, as of the end of such 90-day period, the plan
provides that the participant's accrued benefit shall at no
time be less than the sum described in section 204(g)(6)(A) of
the Employee Retirement Income Security Act of 1974 (as added
by this section) or section 411(d)(6)(F)(i) of the Internal
Revenue Code of 1986 (as added by this section) in connection
with such plan amendment.
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Pension Benefits Protection Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code with respect to pension benefits of employees in defined benefit plans.
Directs the Secretary of the Treasury to apply Code provisions regarding continued accrual of benefits beyond normal retirement age under a defined benefit plan, which prohibit certain discrimination based on age, without regard to the portion of the preamble to a specified Treasury Decision which relates to allocation of interest adjustments through normal retirement age under a cash balance plan.
Prohibits forced conversions of certain defined benefit plan participants to cash balance plans, and other such plans that are hybrids of defined benefit and defined contribution plans, by plan amendments which: (1) change the way the accrued benefits to participants or beneficiaries are expressed; and (2) reduce the rate of future benefit accrual of one or more participants. Requires employers, at the time such amendment takes effect, to provide employees who have attained 40 years of age or 10 years of service with certain notices and an election upon retirement to receive benefits as determined either under the plan in effect at time of retirement or under the plan in effect immediately before the plan amendment. Sets forth a formula to determine when a plan amendment adopted by a large (100 or more participants) defined benefit plan shall be treated as wearing away accrued benefits.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arla Harrell Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During World War II, the Government carried out a
program of testing mustard gas and lewisite exposure on members
of the Armed Forces. This program was classified and
participating members were threatened with dishonorable
discharges and imprisonment if they revealed their
participation.
(2) On July 12, 1973, a fire at the National Personnel
Records Center destroyed more than 16,000,000 official military
personnel files. The records affected more than 80 percent of
members and former members of the Army who were discharged
between November 1, 1912, and January 1, 1960. As a result, due
to no fault of their own, veterans who were subjected to
testing under the program are unable to rely on a full and
complete record of their service to produce proof that they
were subjected to such testing.
(3) The Armed Forces did not fully acknowledge its role in
the program until the last of the experiments was declassified
in 1975, 30 years after testing under the program was completed
and 2 years after the fire destroyed military records at the
National Personnel Records Center.
(4) The oath of secrecy was not effectively lifted until
1991, 46 years after the testing was completed, further
hampering the ability of veterans to provide proof that they
were subjected to the testing.
(5) The Department of Veterans Affairs is relying on
incomplete information to adjudicate claims, which often
provides conflicting data regarding veterans' mustard gas or
lewisite exposure due to recordkeeping failures outside of the
veterans' control.
(6) The Department has rejected approximately 90 percent of
claims for benefits under laws administered by the Secretary of
Veterans Affairs relating to mustard gas or lewisite exposure.
(7) Veterans who participated in the mustard gas or
lewisite testing were not afforded the same opportunity to
provide evidence of their exposure for disability compensation
and ought to be afforded unique consideration.
SEC. 3. RECONSIDERATION OF CLAIMS FOR DISABILITY COMPENSATION FOR
VETERANS WHO WERE THE SUBJECTS OF MUSTARD GAS OR LEWISITE
EXPERIMENTS DURING WORLD WAR II.
(a) Reconsideration of Claims for Disability Compensation in
Connection With Exposure to Mustard Gas or Lewisite.--
(1) In general.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, shall reconsider
all claims for compensation described in paragraph (2) and make
a new determination regarding each such claim.
(2) Claims for compensation described.--Claims for
compensation described in this paragraph are claims for
compensation under chapter 11 of title 38, United States Code,
that the Secretary of Veterans Affairs determines are in
connection with exposure to mustard gas or lewisite during
active military, naval, or air service during World War II and
that were denied before the date of the enactment of this Act.
(3) Presumption of exposure.--In carrying out paragraph
(1), if the Secretary of Veterans Affairs or the Secretary of
Defense makes a determination regarding whether a veteran
experienced full-body exposure to mustard gas or lewisite, such
Secretary--
(A) shall presume that the veteran experienced
full-body exposure to mustard gas or lewisite, as the
case may be, unless proven otherwise; and
(B) may not use information contained in the DoD
and VA Chemical Biological Warfare Database or any list
of known testing sites for mustard gas or lewisite
maintained by the Department of Veterans Affairs or the
Department of Defense as the sole reason for
determining that the veteran did not experience full-
body exposure to mustard gas or lewisite.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once every
90 days thereafter, the Secretary of Veterans Affairs shall
submit to the appropriate committees of Congress a report
specifying any claims reconsidered under paragraph (1) that
were denied during the 90-day period preceding the submittal of
the report, including the rationale for each such denial.
(b) Development of Policy.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs and the
Secretary of Defense shall jointly establish a policy for processing
future claims for compensation under chapter 11 of title 38, United
States Code, that the Secretary of Veterans Affairs determines are in
connection with exposure to mustard gas or lewisite during active
military, naval, or air service during World War II.
(c) Investigation and Report by Secretary of Defense.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) for purposes of determining whether a site should be
added to the list of the Department of Defense of sites where
mustard gas or lewisite testing occurred, investigate and
assess sites where--
(A) the Army Corps of Engineers has uncovered
evidence of mustard gas or lewisite testing; or
(B) more than two veterans have submitted claims
for compensation under chapter 11 of title 38, United
States Code, in connection with exposure to mustard gas
or lewisite at such site and such claims were denied;
and
(2) submit to the appropriate committees of Congress a
report on experiments conducted by the Department of Defense
during World War II to assess the effects of mustard gas and
lewisite on people, which shall include--
(A) a list of each location where such an
experiment occurred, including locations investigated
and assessed under paragraph (1);
(B) the dates of each such experiment; and
(C) the number of members of the Armed Forces who
were exposed to mustard gas or lewisite in each such
experiment.
(d) Investigation and Report by Secretary of Veterans Affairs.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall--
(1) investigate and assess--
(A) the actions taken by the Secretary to reach out
to individuals who had been exposed to mustard gas or
lewisite in the experiments described in subsection
(c)(2)(A); and
(B) the claims for disability compensation under
laws administered by the Secretary that were filed with
the Secretary and the percentage of such claims that
were denied by the Secretary; and
(2) submit to the appropriate committees of Congress--
(A) a report on the findings of the Secretary with
respect to the investigations and assessments carried
out under paragraph (1); and
(B) a comprehensive list of each location where an
experiment described in subsection (c)(2)(A) was
conducted.
(e) Definitions.--In this section:
(1) The terms ``active military, naval, or air service'',
``veteran'', and ``World War II'' have the meanings given such
terms in section 101 of title 38, United States Code.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs, the
Committee on Armed Services, and the Special Committee
on Aging of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Armed Services of the House of
Representatives.
(3) The term ``full-body exposure'', with respect to
mustard gas or lewisite, has the meaning given that term by the
Secretary of Defense.
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Arla Harrell Act This bill requires the Department of Veterans Affairs (VA) to reconsider and make a new determination regarding each claim for disability compensation in connection with exposure to mustard gas or lewisite during active military, naval, or air service during World War II that was denied before this bill's enactment. The VA or the Department of Defense (DOD): (1) shall presume that a veteran experienced full-body exposure to mustard gas or lewisite unless proven otherwise; and (2) may not use information contained in the DOD and VA Chemical Biological Warfare Database or any list of known testing sites for mustard gas or lewisite maintained by the VA or DOD as the sole reason for determining that the veteran did not experience such exposure. The VA shall report to Congress every 90 days on reconsidered claims that were denied. The VA and DOD shall jointly establish a policy for processing future claims in connection with such exposure. The bill requires DOD, for purposes of determining whether a site should be added to the list of DOD sites where mustard gas or lewisite testing occurred, to: (1) investigate and assess sites where the Army Corps of Engineers has uncovered evidence of mustard gas or lewisite testing or where more than two veterans submitted claims in connection with exposure that were denied; and (2) report on experiments conducted by DOD during World War II to assess the effects of mustard gas and lewisite. The VA shall: (1) investigate and assess VA actions to reach out to individuals who had been exposed in such experiments, the disability compensation claims that were filed, and the percentage of such claims that were denied; and (2) submit a comprehensive list of each location where such an experiment was conducted.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Service for the 21st
Century Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The preservation and advancement of universal service
is a fundamental goal of the Communications Act of 1934 and the
Telecommunications Act of 1996.
(2) Access throughout the Nation to high-quality and
advanced telecommunications and information services is
essential to secure the many benefits of our modern society.
(3) As the Internet becomes a critical element of any
economic and social growth, universal service should shift from
sustaining voice grade infrastructure promoting the development
of efficient and advanced networks that can sustain advanced
communications services.
(4) The current structure established by the Federal
Communications Commission has placed the burden of universal
service support on only a limited class of carriers, causing
inequities in the system, incentives to avoid contribution, and
a threat to the long term sustainability of the universal
service fund.
(5) Current fund contributors are paying an increasing
portion of their interstate and international service revenue
into the universal service fund.
(6) Any fund contribution system should be equitable,
nondiscriminatory and competitively neutral, and the funding
mechanism must be sufficient to ensure affordable
communications services for all.
SEC. 3. UNIVERSAL SERVICE FUND CONTRIBUTION REQUIREMENTS.
(a) Inclusion of Intrastate Revenues.--Section 254(d) of the
Communications Act of 1934 (47 U.S.C. 254(d)) is amended--
(1) by striking ``Every'' and inserting ``Notwithstanding
section 2(b) of this Act, a'';
(2) by striking ``interstate'' each place it appears; and
(3) by adding at the end ``Nothing in this subsection
precludes a State from adopting rules or regulations to
preserve and advance universal service within that State as
permitted by section 2(b) and subsections (b) and (f) of this
section.''.
(b) Universal Service Proceeding.--
(1) Proceeding.--The Federal Communications Commission
shall initiate a proceeding, or take action pursuant to any
proceeding on universal service existing on the date of
enactment of this Act, to establish a permanent mechanism to
support universal service, that will preserve and enhance the
long term financial stability of universal service, and will
promote the public interest.
(2) Criteria.--In establishing such a permanent mechanism,
the Commission may include collection methodologies such as
total telecommunications revenues, the assignment of telephone
numbers and any successor identifier, connections (which could
include carriers with a retail connection to a customer), and
any combination thereof if the methodology--
(A) promotes competitive neutrality among providers
and technologies;
(B) to the greatest extent possible ensures that
all communications services that are capable of
supporting 2-way voice communications be included in
the assessable base for universal service support;
(C) takes into account the impact on low volume
users, and proportionately assesses high volume users,
through a capacity analysis or some other means; and
(D) ensures that a carrier is not required to
contribute more than once for the same transaction,
activity, or service.
(3) Excluded providers.--If a provider of communications
services that are capable of supporting 2-way voice
communications would not contribute under the methodology
established by the Commission, the Commission shall require
such a provider to contribute to universal service under an
equitable alternative methodology if exclusion of the provider
from the contribution base would jeopardize the preservation,
enhancement, and long term sustainability of universal service.
(4) Deadline.--The Commission shall complete the proceeding
and issue a final rule not more than 6 months after the date of
enactment of this Act.
SEC. 4. INTERCARRIER COMPENSATION.
(a) Jurisdiction.--Notwithstanding section 2(b) of the
Communications Act of 1934 (47 U.S.C. 152(b)), the Federal
Communications Commission shall have exclusive jurisdiction to
establish rates for inter-carrier compensation payments and shall
establish rules providing a comprehensive, unified system of inter-
carrier compensation, including compensation for the origination and
termination of intrastate telecommunications traffic.
(b) Criteria.--In establishing these rules, and in conjunction with
its action in its universal service proceeding under section 3, the
Commission, in consultation with the Federal-State Joint Board on
Universal Service, shall--
(1) ensure that the costs associated with the provision of
interstate and intrastate telecommunications services are fully
recoverable;
(2) examine whether sufficient requirements exist to ensure
traffic contains necessary identifiers for the purposes of
inter-carrier compensation; and
(3) to the greatest extent possible, minimize opportunities
for arbitrage.
(c) Sufficient Support.--The Commission should, to the greatest
extent possible, ensure that as a result of its universal service and
inter-carrier compensation proceedings, the aggregate amount of
universal service support and inter-carrier compensation provided to
local exchange carriers with fewer than 2 percent of the Nation's
subscriber lines will be sufficient to meet the just and reasonable
costs of such local exchange carriers.
(d) Negotiated Agreements.--Nothing in this section precludes
carriers from negotiating their own inter-carrier compensation
agreements.
(e) Deadline.--The Commission shall complete the pending
Intercarrier Compensation proceeding in Docket No. 01-92 and issue a
final rule not more than 6 months after the date of enactment of this
Act.
SEC. 5. ESTABLISHMENT OF BROADBAND ACCOUNT WITHIN UNIVERSAL SERVICE
FUND.
Part I of title II of the Communications Act of 1934 (47 U.S.C. 201
et seq.) is amended by inserting after section 254 the following:
``SEC. 254A. BROADBAND FOR UNSERVED AREAS ACCOUNT.
``(a) Account Established.--
``(1) In general.--There shall be, within the universal
service fund established pursuant to section 254, a separate
account to be known as the `Broadband for Unserved Areas
Account'.
``(2) Purpose.--The purpose of the account is to provide
financial assistance for the deployment of broadband
communications services to unserved areas throughout the United
States.
``(b) Implementation.--
``(1) In general.--The Commission shall by rule establish--
``(A) guidelines for determining which areas may be
considered to be unserved areas for purposes of this
section;
``(B) criteria for determining which facilities-
based providers of broadband communications service,
and which projects, are eligible for support from the
account;
``(C) procedural guidelines for awarding assistance
from the account on a merit-based and competitive
basis;
``(D) guidelines for application procedures,
accounting and reporting requirements, and other
appropriate fiscal controls for assistance made
available from the account; and
``(E) a procedure for making funds in the account
available among the several States on an equitable
basis.
``(2) Study and annual reports on unserved areas.--
``(A) In general.--Within 6 months after the date
of enactment of the Universal Service for the 21st
Century Act, the Commission shall conduct a study to
determine which areas of the United States may be
considered to be `unserved areas' for purposes of this
section. For purposes of the study and for purposes of
the guidelines to be established under subsection
(a)(1), the availability of broadband communications
services by satellite in an area shall not preclude
designation of that area as unserved if the Commission
determines that subscribership to the service in that
area is de minimis.
``(B) Annual updates.--The Commission shall update
the study annually.
``(C) Report.--The Commission shall transmit a
report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Energy and Commerce setting forth the
findings and conclusions of the Commission for the
study and each update under this paragraph and making
recommendations for an increase or decrease, if
necessary, in the amounts credited to the account under
this section.
``(3) State involvement.--The Commission may delegate the
distribution of funding under this section to States subject to
Commission guidelines and approval by the Commission.
``(c) Limitations.--
``(1) Annual amount.--Amounts obligated or expended under
subsection (c) for any fiscal year may not exceed $500,000,000.
``(2) Use of funds.--To the extent that amounts in the
account are not obligated or expended for financial assistance
under this section, they shall be used to support universal
service under section 254.
``(3) Support limited to facilities-based single provider
per unserved area.--Assistance under this section may be
provided only to--
``(A) facilities-based providers of broadband
communications service; and
``(B) 1 facility-based provider of broadband
communications service in any unserved area.
``(d) Application With Sections 214, 254, and 410.--
``(1) Section 214(e).--Section 214(e) shall not apply to
the Broadband for Unserved Areas Account.
``(2) Section 254.--Section 254 shall be applied to the
Broadband for Unserved Areas Account--
``(A) by disregarding--
``(i) subsections (a) and (e) thereof; and
``(ii) any other provision thereof
determined by the Commission to be
inappropriate or inapplicable to implementation
of this section; and
``(B) by reconciling, to the maximum extent
feasible and in accordance with guidelines prescribed
by the Commission, the implementation of this section
with the provisions of subsections (h) and (l) thereof.
``(3) Section 410.--Section 410 shall not apply to the
Broadband for Unserved Areas Account.
``(e) Definitions.--In this section:
``(1) Broadband.--
``(A) In general.--The term `broadband' shall be
defined by the Commission in accordance with the
requirements of this paragraph.
``(B) Revision of initial definition.--Within 30
days after the date of enactment of the Universal
Service for the 21st Century Act, the Commission shall
revise its definition of broadband to require a data
rate--
``(i) greater than the 200 kilobits per
second standard established in its Section 706
Report (14 FCC Rec. 2406); and
``(ii) consistent with data rates for
broadband communications services generally
available to the public on the date of
enactment of that Act.
``(C) Annual review of definition.--The Commission
shall review its definition of broadband no less
frequently than once each year and revise that
definition as appropriate.
``(2) Broadband communications service defined.--The term
`broadband communications service' means a high-speed
communications capability that enables users to originate and
receive high-quality voice, data, graphics, and video
communications using any technology.''.
SEC. 6. IMPLEMENTATION OF SECTION 254A.
The Federal Communications Commission shall complete a proceeding
and issue a final rule to implement section 254A of the Communications
Act of 1934 not more than 6 months after the date of enactment of this
Act.
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Universal Service for the 21st Century Act - Amends the Communications Act of 1934 to require all telecommunications carriers (currently, only those providing interstate telecommunications services) to contribute to the universal service fund (a fund whose goal is to provide advanced telecommunications services to all areas of the country). Requires the Federal Communications Commission (FCC) to establish a permanent mechanism to support universal service that will preserve and enhance its long-term financial stability. Gives the FCC exclusive jurisdiction to establish rates for inter-carrier compensation payments, including compensation for the origination and termination of intrastate telecommunications traffic.
Establishes within the universal service fund the Broadband for Unserved Areas Account, to provide financial assistance for the deployment of broadband (high-speed) communications services to unserved areas throughout the United States. Allows assistance to be provided only to: (1) facilities-based providers of broadband communications service; and (2) one facility-based provider in any unserved area.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting U.S. Missile Defense
Information Act of 2013''.
SEC. 2. REPORT AND BRIEFINGS ON MISSILE DEFENSE DISCUSSIONS BETWEEN THE
UNITED STATES AND THE RUSSIAN FEDERATION.
(a) Report Required.--The President shall submit to the
congressional defense committees a semi-annual report on any
discussions on missile defense between the United States Government and
the Government of the Russian Federation during the preceding 6-month
period.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following with respect to any such discussions:
(1) The date or dates of the discussions.
(2) The official or officials of each government taking
part in the discussions.
(3) A summary of the discussions.
(4) A copy of any documents or other materials exchanged
during or as a result of the discussions.
(c) Initial Report.--The initial report required by subsection (a)
shall be submitted not later than 180 days after the date of the
enactment of this Act and in addition to addressing any such
discussions during the preceding 6-month period shall also address any
such discussions during the 10-year period ending on the date of the
enactment of this Act.
(d) Form.--The reports required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex, if
necessary.
(e) Congressional Briefings.--In conjunction with the submission of
the report required by subsection (a), the President shall brief the
congressional defense committees on the matters contained in the report
and any other matters relating to the report that the President
determines to be appropriate.
SEC. 3. REPORTS AND BRIEFINGS ON DECLASSIFICATION OF CERTAIN MISSILE
DEFENSE INFORMATION.
(a) Report Required.--The President shall submit to the
congressional defense committees a semi-annual report on meetings held
by the National Disclosure Policy Committee with respect to
declassifying documents containing information on the missile defense
systems of the United States.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following with respect to any such meetings:
(1) The date of the meeting.
(2) A description of the documents considered by the
National Disclosure Policy Committee during the meeting.
(3) The determination made by the Committee with respect to
declassifying such documents, including a summary of the
reasoning used to make such determination.
(c) Initial Report.--The initial report required by subsection (a)
shall be submitted not later than 180 days after the date of the
enactment of this Act and in addition to addressing any such meetings
during the preceding 6-month period shall also address any such
meetings during the 10-year period ending on the date of the enactment
of this Act.
(d) Form.--The reports required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex, if
necessary.
(e) Congressional Briefings.--In conjunction with the submission of
the report required by subsection (a), the President shall brief the
congressional defense committees on the matters contained in the report
and any other matters relating to the report that the President
determines to be appropriate.
SEC. 4. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH
ACCESS TO CERTAIN MISSILE DEFENSE TECHNOLOGY.
None of the funds authorized to be appropriated or otherwise made
available for fiscal year 2014 or any fiscal year thereafter for the
Department of Defense may be used to provide the Russian Federation
with access to information regarding--
(1) missile defense technology of the United States
relating to hit-to-kill technology; or
(2) telemetry data with respect to missile defense
interceptors or target vehicles.
SEC. 5. LIMITATION ON FUNDS TO NEGOTIATE OR IMPLEMENT EXECUTIVE
AGREEMENTS RELATING TO UNITED STATES MISSILE DEFENSE
CAPABILITIES.
(a) Statement of Policy.--Congress declares that the United States
shall not be bound, politically or otherwise, by the terms of any
executive agreement relating to the missile defense capabilities of the
United States, including basing, locations, capabilities, and numbers
of missiles with respect to such missile defense capabilities.
(b) Limitation on Funds.--None of the funds authorized to be
appropriated or otherwise made available for fiscal year 2014 or any
fiscal year thereafter for the Department of Defense may be used--
(1) to negotiate or implement any executive agreement
relating to the missile defense capabilities of the United
States, including basing, locations, capabilities, and numbers
of missiles with respect to such missile defense capabilities;
or
(2) to implement rules of engagement or Guidance for
Employment of Force relating to such executive agreement.
(c) Rule of Construction.--Subsection (b) shall not apply with
respect to the use of funds to negotiate or implement any executive
agreement with a country with respect to which the United States has
entered into a treaty of alliance or has a security guarantee.
(d) Executive Agreement Defined.--In this section, the term
``executive agreement'' means an international agreement other than--
(1) an agreement that is in the form of a treaty under
article II, section 2, clause 2 of the Constitution of the
United States; or
(2) an agreement that requires implementing legislation to
be enacted into law for the agreement to enter into force with
respect to the United States.
SEC. 6. DISCLOSURE OF AND REPORT ON RUSSIAN FEDERATION SUPPORT OF
BALLISTIC MISSILE DEFENSE PROGRAMS OF CHINA, SYRIA, IRAN,
AND NORTH KOREA.
(a) Disclosure of Support.--The President shall seek to encourage
the Government of the Russian Federation to disclose any support by the
Russian Federation or Russian entities for the ballistic missile
programs of the People's Republic of China, Syria, Iran, or North
Korea.
(b) Report Required.--The President shall submit to the
congressional defense committees a semi-annual report on any disclosure
by the Government of the Russian Federation of any such support during
the preceding 6-month period.
(c) Initial Report.--The initial report required by subsection (b)
shall be submitted not later than 180 days after the date of the
enactment of this Act and in addition to addressing any such support
during the preceding 6-month period shall also address any such support
during the 10-year period ending on the date of the enactment of this
Act.
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may contain a classified annex, if necessary.
SEC. 7. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
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Protecting U.S. Missile Defense Information Act of 2013 - Directs the President to report semiannually to the congressional defense and appropriations committees on: (1) any discussions on missile defense between the U.S. government and the Russian Federation during the preceding six months, and (2) meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on U.S. missile defense systems. Requires briefings to such committees in connection with the latter reports. Prohibits Department of Defense (DOD) funds for FY2014 or thereafter from being used to provide the Russian Federation with access to: (1) U.S. missile defense hit-to-kill technology, or (2) telemetry data with respect to missile defense interceptors or target vehicles. Declares that the United States shall not be bound by the terms of any executive agreement relating to U.S. missile defense capabilities, including basing, locations, and numbers of missiles. Prohibits DOD funds for FY2014 or thereafter from being used to: (1) negotiate or implement any executive agreement relating to such capabilities, or (2) implement rules of engagement or guidance for employment of forces relating to such an agreement. Provides an exception with respect to any country with which the United States has entered into a treaty of alliance or a security guarantee. Directs the President to: (1) seek to encourage the Russian Federation to disclose any support provided for the ballistic missile programs of China, Syria, Iran, or North Korea; and (2) submit to the above committees a semiannual report on any such support.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Academic Freedom through
Regulatory Relief Act''.
SEC. 2. REGULATORY RELIEF.
(a) Regulations Repealed.--
(1) Repeal.--The following regulations (including any
supplement or revision to such regulations) are repealed and
shall have no legal effect:
(A) State authorization.--Sections 600.4(a)(3),
600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b) of title
34, Code of Federal Regulations (relating to State
authorization), as added or amended by--
(i) the final regulations published by the
Department of Education in the Federal Register
on October 29, 2010 (75 Fed. Reg. 66832 et
seq.); or
(ii) the negotiated rulemaking committee
established after the notice of intention to
establish such committee published in the
Federal Register on November 20, 2013 (78 Fed.
Reg. 69612 et seq.).
(B) Definition of credit hour.--The definition of
the term ``credit hour'' in section 600.2 of title 34,
Code of Federal Regulations, as added by the final
regulations published by the Department of Education in
the Federal Register on October 29, 2010 (75 Fed. Reg.
66946), and clauses (i)(A), (ii), and (iii) of
subsection (k)(2) of section 668.8 of such title, as
amended by such final regulations (75 Fed. Reg. 66949
et seq.).
(C) Gainful employment.--Sections 600.10(c),
600.20(d), 668.6, and 668.7, of title 34, Code of
Federal Regulations as added or amended by the final
regulations published by the Department of Education in
the Federal Register on October 31, 2014 (79 Fed. Reg.
64889 et seq.).
(2) Effect of repeal.--To the extent that regulations
repealed by paragraph (1) amended regulations that were in
effect on June 30, 2011, the provisions of the regulations that
were in effect on June 30, 2011, and were so amended are
restored and revived as if the regulations repealed by
paragraph (1) had not taken effect.
(b) Certain Regulations and Other Actions Prohibited.--
(1) State authorization, gainful employment, and teacher
preparation.--
(A) In general.--The Secretary of Education shall
not, during the period described in subparagraph (B),
promulgate or enforce any regulation or rule not in
effect on the date of enactment of this Act for any
purpose under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) with respect to--
(i) the State authorization for
institutions of higher education to operate
within a State;
(ii) the definition or application of the
term ``gainful employment''; or
(iii) a teacher preparation program
accountability system.
(B) Period of prohibition.--The period during which
the Secretary is prohibited from promulgating or
enforcing a regulation described in subparagraph (A)
shall be the period beginning on the date of enactment
of this Act and ending on the date of enactment of a
law that extends by not less than 2 fiscal years the
authorization or duration of one or more programs under
the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
(2) Credit hour.--The Secretary of Education shall not, on
or after the date of enactment of this Act, promulgate or
enforce any regulation or rule with respect to the definition
of the term ``credit hour'' for any purpose under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
(3) Postsecondary institution ratings system.--The
Secretary of Education shall not carry out, develop, refine,
promulgate, publish, implement, administer, or enforce a
postsecondary institution ratings system or any other
performance system to rate institutions of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)).
SEC. 3. THIRD-PARTY SERVICE PROVIDERS.
Section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(20)) is amended by adding at the end the following:
``Notwithstanding the preceding sentence, an institution described in
section 101 may provide payment, based on the amount of tuition
generated by the institution from student enrollment, to a third-party
entity that provides a set of services to the institution that includes
student recruitment services, regardless of whether the third-party
entity is affiliated with an institution that provides educational
services other than the institution providing such payment, if--
``(A) the third-party entity is not affiliated with
the institution providing such payment;
``(B) the third-party entity does not make
compensation payments to its employees that are
prohibited under this paragraph;
``(C) the set of services provided to the
institution by the third-party entity include services
in addition to student recruitment services, and the
institution does not pay the third-party entity solely
or separately for student recruitment services provided
by the third-party entity; and
``(D) any student recruitment information available
to the third-party entity, including personally
identifiable information, will not be used by, shared
with, or sold to any other person or entity, including
any institution that is affiliated with the third-party
entity.''.
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Supporting Academic Freedom through Regulatory Relief Act Repeals certain Department of Education (ED) regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define "credit hour." Prohibits ED from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, (2) the definition or application of the term "gainful employment," or (3) a teacher preparation program accountability system. Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits ED from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA. Prohibits ED from carrying out, developing, refining, promulgating, publishing, implementing, administering, or enforcing a postsecondary institution ratings system or any other performance system to rate IHEs. Amends title IV (Student Assistance) of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce Digital Access
Act''.
SEC. 2. RESIDENTIAL DIGITAL ACCESS BENEFITS.
(a) In General.--Chapter 79 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 7906. Residential digital access benefits
``(a) For purposes of this section--
``(1) the term `employee' means an individual who--
``(A) is employed in or under an agency; and
``(B) has completed the applicable probationary or
trial period (if any), or at least 1 year of current
continuous service in the same or similar positions
(disregarding any break in service of 3 days or less);
but does not include an employee excluded under paragraph
(2)(B) or (3) of subsection (g);
``(2) the terms `agency' and `entity of the legislative
branch' have the same respective meanings as given them under
section 7905, except that the term `agency' does not include a
Government corporation (as defined by section 103); and
``(3) the term `Government' means the Government of the
United States.
``(b)(1) In order to promote greater technological proficiency
within the Government's workforce, the General Services Administration
and the Office of Personnel Management shall (to the extent of the
duties and responsibilities assigned to each of them by the President,
in conformance with succeeding provisions of this section) establish
and operate a program under which there shall be furnished to each
employee, at no cost to the employee, his or her own home computer,
complete with Internet service (hereinafter in this section referred to
collectively as `digital access benefits'). An employee not wishing to
receive digital access benefits under this section may instead elect--
``(A) to receive free Internet service alone; or
``(B) to decline benefits under this section altogether.
``(2) For purposes of this section--
``(A) the term `home computer' means a computer (including
any necessary peripheral devices and software) that--
``(i) at a minimum, is capable of providing access
to the Internet, and is able to perform office
automation and e-learning functions; and
``(ii) is furnished for home use; and
``(B) the term `Internet service' means access to the
Internet through an Internet Service Provider (including the
ability to send and receive electronic mail) from one's home.
``(c) Any digital access benefits furnished under this section
shall include at least the following:
``(1) Training on the use of computers and applications
(both Internet-based and, to the extent practicable, through
facilities at or convenient to the employee's workplace).
``(2) One or more upgrade options, available at the
employee's request and expense.
``(d) Any Internet service furnished under this section shall
include at least the following:
``(1) A permanent home page that includes a component
linking the employee to designated Government sites and
resources.
``(2) Features that allow for information sharing and
communication, including a means by which an agency may readily
contact or communicate with employees at home (on a nationwide,
regional, or other basis, as the agency may require).
``(3) Inclusion on the permanent home page of a means by
which an employee may directly reach the employing agency's Web
site or intranet, if appropriate.
``(4) All training and support services under subsection
(c) that are relevant to Internet service.
``(e) Nothing in this section shall be considered to permit or
require--
``(1) that employees declining benefits in accordance with
subsection (b)(1)(B) be denied access to training on the use of
computers and applications (as described in subsection (c)); or
``(2) that employees electing free Internet service alone
be denied access to training on the use of computers and
applications (as so described) beyond that specified in
subsection (d)(4).
``(f)(1) The General Services Administration may contract with any
qualified person to procure the goods and services required in order to
carry out this section. Contracts under this subsection shall include
appropriate provisions relating to the following:
``(A) The time and manner in which any transfers of title
to personal property shall be made.
``(B) Restrictions to prevent inappropriate financing or
subsidization of benefits, including commercial advertising.
``(C) Measures to prevent unauthorized tracking of computer
use and to otherwise protect a user's privacy.
``(D) Measures to prevent the unauthorized sale or release
of names or other identifying information.
``(E) Provisions to make benefits under this section
accessible to persons with disabilities, such as through
appropriate modifications or accessories.
``(F) Options for the renewal or extension of benefits,
including the conditions under which a computer (or other piece
of equipment) will periodically be replaced with a new one.
``(G) Measures to permit the donation of used equipment to
schools, nonprofit organizations, or other similar entities, to
the extent practicable.
``(H) Measures to prevent unauthorized access to Government
databases, sites, and other functions or capabilities intended
for employees only, such as upon an employee's separation from
service.
``(2) The General Services Administration may prescribe any
regulations necessary to carry out its duties and responsibilities
under this section.
``(g)(1) In order to carry out this section, the Office of
Personnel Management shall--
``(A) upon request, furnish information or technical
assistance--
``(i) on the design or operation of the program or
any aspect of the program; and
``(ii) on the design or delivery of Internet-based
training;
``(B) establish procedures for the communication of
information to and from employees, including procedures for the
election of benefits; and
``(C) provide general program oversight, and perform such
other functions as the Office considers appropriate to
facilitate the efficient delivery (and, to the extent
practicable, the optimal use) of benefits.
``(2) The Office may prescribe any regulations necessary to carry
out its duties and responsibilities under this section, including--
``(A) in the case of an employee who has previously
received or declined benefits under this section, provisions
relating to if, and under what conditions, such employee may
become eligible for benefits under this section based on
subsequent employment; and
``(B) provisions for the exclusion of any employees abroad
as to whom the application of this section would be
impracticable or inappropriate.
``(3) There may, under this paragraph, be excluded any employees as
to whom the application of this section would be impracticable or
inappropriate by reason of their temporary or intermittent employment.
Authority under this paragraph may be exercised--
``(A) by the same official or agency as under section
8347(g), (i), (j), (l), or (p) (in connection with retirement);
and
``(B) by the respective committees named in section
7905(c)(2)-(3), in the case of the entities of the legislative
branch to which those provisions relate.
``(h)(1) The General Services Administration and the Office of
Personnel Management shall carry out their respective duties and
responsibilities under this section in consultation with one another
and with such other agencies as each considers appropriate.
``(2) In carrying out this subsection, the General Services
Administration shall afford employing agencies reasonable opportunity
to communicate any needs or concerns specific to that agency.
``(i) Each employing agency shall keep such records, make such
certifications, and furnish such information--
``(1) as the General Services Administration may require to
carry out its duties and responsibilities under this section;
and
``(2) as the Office of Personnel Management may require to
carry out its duties and responsibilities under this section.
``(j)(1) There are authorized to be appropriated to each agency
(including to the General Services Administration and the Office of
Personnel Management, both as employing agencies and as administering
agencies) such sums as may be necessary to carry out this section.
``(2) The costs associated with furnishing benefits to an employee
under this section shall be paid--
``(A) by that individual's employing agency;
``(B) out of amounts made available to that agency under
paragraph (1); and
``(C) at the times and in the amounts specified by the
General Services Administration.
``(3)(A) The amounts paid by an agency under this subsection shall
be deposited in the Treasury of the United States to the credit of the
Employees' Digital Access Fund. The Fund is available--
``(i) without fiscal year limitation for all payments to
persons providing goods or services under this section (as
referred to in subsection (f)); and
``(ii) to pay the respective expenses of the General
Services Administration and the Office of Personnel Management
in administering this section, within the limitations that may
be specified annually by Congress.
``(B) The Secretary of the Treasury may, with respect to the Fund,
exercise the same authorities as described in section 8909(c). The
provisions of section 8909(f) shall similarly apply with respect to--
``(i) any payment made from the Fund to any qualified
person (as referred to in subsection (f)) in consideration for
any goods or services provided by such person under this
section; and
``(ii) the net income or profit accruing to or realized by
such person from business conducted under this section.''.
(b) Clerical Amendment.--The table of sections for chapter 79 of
title 5, United States Code, is amended by adding at the end the
following:
``7906. Residential digital access benefits.''.
SEC. 3. REPORTING REQUIREMENTS.
(a) In General.--The Office of Management and Budget shall prepare
and submit to the President and each House of Congress a report on the
operation of the program established under section 7906 of title 5,
United States Code, as amended by this Act. The report shall be
submitted by the end of the third year of the program's operation, and
shall specifically address the following:
(1) Any cost savings, efficiencies, or other benefits
realized through the program, such as:
(A) Improved individual or collective
organizational performance.
(B) Better employee productivity or morale.
(C) Greater flexibilities in the performance of
work outside of the customary hours or workplace.
(D) Enhancement of Government recruitment and
retention efforts.
(E) Reduced printing or mailing costs to the
Government.
(F) Improved communications capabilities,
especially with regard to individuals in rural or
remote locations.
(G) New Internet-based training opportunities.
(2) Best practices developed by particular agencies to take
advantage of any technologies or capabilities made available
through the program.
(3) The extent to which family members of employees were
able to make use of or otherwise share in the benefits made
available through the program.
(4) The extent to which the program (A) benefited
communities or segments of the population that historically
have been technologically underserved, and (B) otherwise helped
alleviate the problem commonly referred to as the ``digital
divide''.
(b) Assistance.--Each agency shall (to the extent not otherwise
prohibited by law) submit to the Office of Management and Budget such
information as the Office may require in order to prepare its report
under this section.
SEC. 4. BUDGET ACT COMPLIANCE.
Any contract authority under this Act shall be available only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
SEC. 5. COMMENCEMENT AND TERMINATION PROVISIONS.
Benefits under section 7906 of title 5, United States Code, as
amended by this Act, may be furnished only on the basis of elections
made during the 48-month period beginning on the first day of the first
fiscal year beginning at least 12 months after the date of enactment of
this Act.
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Prescribes procurement contract requirements for GSA, and oversight and technical assistance requirements for OPM.
Authorizes appropriations to each Federal agency to carry out such program.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Indigenous Peoples
Protection Act of 1993''.
SEC. 2. FINDINGS.
(a) Deteriorating Situation Facing Indigenous and Tribal Peoples.--
The Congress makes the following findings:
(1) The situation of indigenous and tribal peoples in
developing countries is deteriorating world-wide.
(2) Many of these populations face severe discrimination,
denial of human rights, loss of cultural and religious
freedoms, or in the worst cases, cultural or physical
destruction.
(3) If current trends in many parts of the world continue
the cultural, social, and linguistic diversity of humankind
will be radically and irrevocably diminished.
(4) In addition, immense, undocumented repositories of
ecological, biological, and pharmacological knowledge will be
lost, as well as an immeasurable wealth of cultural, social,
religious, and artistic expression, which together constitute
part of the collective patrimony of the human species.
(5) The pressures on indigenous and tribal peoples, about
10 percent of the world's population, include denial of
political and civil rights and of opportunities for self-
determination, destruction of natural resources necessary for
survival, and ethnic, racial, and economic marginalization.
(6) In many cases, unsound development policy that results
in destruction of natural resources seriously jeopardizes
indigenous and tribal peoples' physical survival and their
cultural autonomy, frequently also undermining the possibility
for long-term sustainable economic development.
(7) The loss of the cultural diversity for indigenous and
tribal peoples is not an inevitable or natural process.
(8) In light of United States concern and respect for human
rights and basic human freedoms, including rights to express
cultural and religious preferences, as well as the United
States desire for sustainable economic development, it is
incumbent on the United States to take a leadership role in
addressing indigenous and tribal peoples' rights to physical
and cultural survival.
(b) Definition of Indigenous and Tribal Peoples.--Indigenous and
tribal peoples in developing countries are those populations that are
ethnically, culturally, or socially distinct from the politically
dominant society on the regional or national level. These peoples are
often (but not invariably) minorities, and invariably have little, if
any, political representation or influence in governments. Many such
peoples are marginally integrated into market economies and practice
traditional, partially or wholly subsistence-based forms of economic
activity. Examples of indigenous or tribal peoples include lowland
South American Indians, Basarwa of Botswana and Namibia, Mayan Indians
in Central America, and registered tribes in India.
SEC. 3. PROMOTING AND PROTECTING THE RIGHTS OF INDIGENOUS AND TRIBAL
PEOPLES.
The Secretary of State and the Administrator of the Agency for
International Development shall ensure--
(1) that United States foreign policy and foreign
assistance vigorously promote the rights of indigenous and
tribal peoples throughout the world; and
(2) that United States foreign assistance is not provided
for any project or program detrimental to the rights of
indigenous or tribal peoples or to their livelihood.
The rights of indigenous and tribal peoples to be promoted and
protected pursuant to this section include the right to maintain their
cultural, religious, and other traditions, customs, and institutions.
SEC. 4. BASELINE REPORT ON INDIGENOUS AND TRIBAL PEOPLES.
(a) Purpose.--The purpose of this section and section 5 is to
help--
(1) guide future United States foreign assistance and other
actions that could affect indigenous and tribal peoples, and
(2) permit United States actions that would assist these
peoples.
(b) Preparation of Report.--The Administrator of the Agency for
International Development, in consultation with the Secretary of State,
shall prepare a report on indigenous and tribal peoples in developing
countries. This report shall include the following:
(1) A description of the economic, political, and social
situation of indigenous and tribal peoples.
(2) A discussion of the effects of United States bilateral
foreign assistance and United States-supported multilateral
assistance on indigenous and tribal peoples, including a
description of those projects and activities currently being
funded by the Agency for International Development--
(A) which have a positive impact on indigenous and
tribal peoples, or
(B) which have a negative impact on indigenous and
tribal peoples.
(3) A comprehensive strategy for regularly monitoring and
improving the situation of indigenous and tribal peoples,
including--
(A) a description of the methodology and the
guidelines to be used in carrying out the monitoring
required by section 5, and
(B) a description of the specific actions that the
Agency for International Development proposes to take
to improve the situation of indigenous and tribal
peoples.
(c) Consultation With NGOs.--The Administrator shall consult with
nongovernmental organizations with experience in monitoring and
reporting on indigenous and tribal peoples, and with other interested
persons, throughout the preparation of the report required by
subsection (b), but in particular--
(1) in determining the scope of that report; and
(2) in developing the methodology to be used in preparing
that report.
(d) Submission to Congress.--Not later than 6 months after the date
of enactment of this Act, the Administrator shall submit the report
prepared pursuant to subsection (b) to the Congress.
SEC. 5. MONITORING REGARDING INDIGENOUS AND TRIBAL PEOPLES.
(a) Monitoring.--The Agency for International Development (in
consultation with the Department of State), on a regular basis, shall
collect information concerning and shall analyze the situation of
indigenous and tribal peoples in developing countries.
(b) Use of NGOs.--In carrying out subsection (a), the Agency shall,
wherever appropriate, use nongovernmental organizations with experience
in monitoring and reporting on indigenous and tribal peoples.
(c) Annual Reports to Congress.--Following completion of the report
required by section 4, the Administrator of the Agency for
International Development shall submit to the Congress, not later than
February 1 each year, a report which--
(1) presents the findings resulting from the monitoring of
indigenous and tribal peoples carried out pursuant to
subsection (a);
(2) updates the information provided in the report
submitted pursuant to section 4; and
(3) describes the activities which the Agency for
International Development proposes to fund for the coming
fiscal year to address the problems facing indigenous and
tribal peoples in developing countries, specifying which
activities will be carried out by the Agency and which will be
carried out by nongovernmental organizations.
SEC. 6. ANNUAL HUMAN RIGHTS REPORTS.
In each report submitted to the Congress pursuant to sections
116(d) and 502B(b) of the Foreign Assistance Act of 1961, the Secretary
of State shall include a description of each country's practices
regarding the observation of and respect for the internationally
recognized human rights of indigenous and tribal peoples in that
country.
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International Indigenous Peoples Protection Act of 1993 - Directs the Secretary of State and the Administrator of the Agency for International Development (AID) to ensure that: (1) U.S. foreign policy and foreign assistance promote the rights of indigenous and tribal peoples throughout the world; and (2) U.S. foreign assistance is not provided for any project or program detrimental to indigenous or tribal peoples' rights or livelihood.
Requires the Administrator to prepare and submit to the Congress a baseline report on indigenous and tribal peoples in developing countries, including a discussion of the effects of U.S. bilateral and multilateral assistance. Requires AID to use nongovernmental organizations to monitor and analyze the situation of indigenous and tribal peoples in developing countries on a regular basis.
Requires the Administrator to prepare and submit to the Congress annual reports concerning the monitoring of indigenous and tribal peoples and updating of the required baseline report.
Requires the Secretary of State to include in each annual human rights report submitted to the Congress a discussion of each country's observance of and respect for the human rights of the indigenous and tribal peoples in that country.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recovering America's Wildlife Act of
2016''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a diverse array of species of fish and wildlife is of
significant value to the United States for many reasons,
including aesthetic, ecological, educational, cultural,
recreational, economic, and scientific reasons;
(2) more than 90 million citizens of the United States
participate in outdoor recreation through hunting, fishing,
birding, and other wildlife-dependent recreation, all of which
have significant value to the citizens who engage in those
activities and provide economic benefits to local communities;
(3) it is in the interest of the United States--
(A) to retain for present and future generations
the opportunity to hunt, fish, observe, understand, and
appreciate a wide variety of fish and wildlife;
(B) to recover species of fish and wildlife listed
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) requiring Federal protection, and to
prevent fish and wildlife species from declining to the
point of requiring Federal protection under that Act,
by conserving species in greatest conservation need;
and
(C) to support collaborative and proactive
conservation that will sustain America's diverse fish
and wildlife populations;
(4) hunters and anglers, including future President
Theodore Roosevelt and naturalist George Bird Grinnell, were
alarmed in the 1880-90s that game and sportfish could not
sustain unregulated harvest, and that avifauna needed
protection from commercial take, and thus founded the first
nongovernmental conservation organizations to instill fish and
wildlife conservation values in hunters, anglers, bird
watchers, and all citizens;
(5) at the turn of the 20th century, the States realized
the need to regulate harvest of game and sportfish for
sustainable use, and required hunting and angling licenses of
users, and established seasons, bag and creel limits, and legal
means of take for game and sportfish, using license dollars
largely for enforcement of those regulations;
(6) in 1937, an alliance between hunters and conservation
organizations, the State governments, the Federal Government,
and the shooting sports industry convinced Congress to transfer
receipts from an existing Federal excise tax on sporting arms
and ammunition to the States, matched by State hunting license
dollars, for the management of wildlife and conservation of
habitat under the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), which greatly enhanced the States
ability to move from largely the enforcement of game seasons
and bag limits into science-based research and management of
all wildlife;
(7) similarly, in 1951, an alliance between anglers and
conservation organizations, the State governments, the Federal
Government, and the sport-fishing industry, convinced Congress
to impose a Federal excise tax on fishing equipment under the
Dingell-Johnson Sportfish Restoration Act (16 U.S.C. 777 et
seq.), and to transfer receipts to the States, matched by State
fishing license revenues, to manage sport fish and conserve
aquatic habitats, further enhancing the maturation of the State
fish and wildlife agencies into science-based management of all
fish species;
(8) this user-pay, public-benefits means of funding fish
and wildlife conservation is unique in the world, having been
brought to the Federal Government by sportsmen and sportswomen
who were willing to pay these fees to ensure dedicated funds to
fish and wildlife conservation delivered by the States;
(9) these user-pay funds (licenses and excise taxes)--
(A) have benefited not just hunters and anglers but
all Americans in providing abundant fish and wildlife
(game and nongame species both), clean water, outdoor
recreation, healthy activities, and quality of life;
and
(B) provide, and will continue to provide, a
majority of the funds that are available to State fish
and wildlife agencies for science-based management of
fish and wildlife for their citizens;
(10) State fish and wildlife agencies are responsible for
all fish and wildlife, but are grossly underfunded to fulfill
these responsibilities because there are few funds available at
the State level for fish and wildlife conservation except those
driven by hunting and fishing license revenues, and Federal
excise tax revenues;
(11) Congress enacted the Wildlife Conservation and
Restoration Account under section 3(a)(2) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(2)) to
extend support for the full array of fish and wildlife
conservation needs, including species that are not hunted or
fished, but only authorized appropriations for the Account for
one year;
(12) while appropriated funds have been made available
through the State Wildlife Grants program of the United States
Fish and Wildlife Service, the lack of assured and sufficient
dedicated funds for the Wildlife Conservation and Restoration
Account has left unrealized the goals of the Account, thereby
allowing fish and wildlife to continue to decline across the
United States and resulting in hundreds of species being listed
under the Endangered Species Act of 1973;
(13) partly as a requirement of the unfunded Wildlife
Conservation and Restoration Account, each State and territory
is required to seek public input and produce a comprehensive
fish and wildlife conservation strategy, called a State
Wildlife Action Plan, to guide the conservation of the full
array of fish, wildlife and their habitats in each State and
territory;
(14) providing assured and sufficient dedicated funding to
the Wildlife Conservation and Restoration Account will advance
the national interest in assuring sustainable populations of
all fish and wildlife species for the use and enjoyment of our
citizens, through implementing the comprehensive fish and
wildlife conservation strategies of the States;
(15) as funds become available through enactment of this
Act, States should secure the needed non-Federal match from
sources other than revenue generated by sportsmen and
sportswomen through the sale of State hunting and fishing
licenses, which is the historic, and sometimes only, source of
matching funds for the excise tax revenue generated through the
Federal wildlife and sport fish restoration accounts; and
(16) Federal wildlife and sport fish restoration accounts
support activities that include, but are not limited to, fish
and wildlife restoration projects for game species that also
benefit an array of other game and nongame species, hunter
education, and range development efforts.
(b) Purposes.--The purposes of this Act are--
(1) to provide dedicated and assured funding to advance the
national interest in keeping fish and wildlife from becoming
threatened or endangered with extinction, by supporting
programs in each State and territory to address the
conservation needs of the full diverse array of declining fish
and wildlife species, including both game and nongame species;
(2) to provide from the Wildlife Conservation and
Restoration Account the Federal share of the support needed to
implement the comprehensive fish and wildlife conservation
strategies developed by each State and territory in order to
address the needs of those species identified by each State and
territory as species of greatest conservation need; and
(3) to carry out collaborative and proactive conservation
actions with the goal of precluding the need for listing of
species under the Endangered Species Act of 1973 (16 U.S.C.
1531), as well as enhancing the ability of the States to
recover species listed under that Act and remove them from the
protection of the Act.
SEC. 3. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
Section 3(a) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669b(a)) is amended by striking paragraph (2) and inserting the
following:
``(2) Wildlife conservation and restoration subaccount.--
``(A) Establishment.--There is established in the
Federal Aid to Wildlife Restoration Fund a subaccount
to be known as the `Wildlife Conservation and
Restoration Subaccount' (referred to in this paragraph
as the `Subaccount').
``(B) Use.--Amounts in the Subaccount shall be
available without further appropriation, for each
fiscal year, for apportionment in accordance with this
Act to carry out State Wildlife Conservation and
Restoration programs in order to manage fish and
wildlife species of greatest conservation need as
determined by a State fish and wildlife agency.
``(C) Deposits.--Starting in fiscal year 2016, the
Secretary of the Treasury shall transfer to the fund
for deposit in the Subaccount the following:
``(i) Outer continental shelf revenues.--
From amounts deposited in the Treasury under
section 9 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1338), $650,000,000.
``(ii) Mining revenues.--From amounts
deposited in the Treasury under section 35 of
the Mineral Leasing Act (30 U.S.C. 191), after
the withdrawal of funds to the States under
subsection (a) of that section,
$650,000,000.''.
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Recovering America's Wildlife Act of 2016 This bill amends the Pittman-Robertson Wildlife Restoration Act to direct the Department of the Treasury to transfer, beginning in FY2016, revenues from energy and mineral development on federal lands totaling $1.3 billion to the Wildlife Conservation and Restoration Subaccount of the Federal Aid to Wildlife Restoration Fund, to be available without further appropriation. The purpose of the subaccount is to fund state wildlife conservation and restoration programs for managing fish and wildlife species of the greatest conservation need as determined by a state fish and wildlife agency.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Tobacco Smuggling
Eradication Act of 2002''.
TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
SEC. 101. 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.
SEC. 102. IMPROVED MARKING AND LABELING.
(a) In General.--Subsection (b) of section 5723 (relating to marks,
labels, and notices) is amended--
(1) by striking ``, if any,'' and
(2) by adding at the end the following: ``Such marks,
labels, and notices shall include marks and notices relating to
the following:
``(1) Identification.--The Secretary shall promulgate
regulations that require each manufacturer or importer of
tobacco products to legibly print a unique serial number on all
packages of tobacco products manufactured or imported for sale
or distribution. Such serial number shall be designed to enable
the Secretary to identify the manufacturer or importer of the
product, and the location and date of manufacture or
importation. The Secretary shall determine the size and
location of the serial number.
``(2) Marking requirements for exports.--Each package of a
tobacco product that is exported shall be marked for export
from the United States. The Secretary shall promulgate
regulations to determine the size and location of the mark and
under what circumstances a waiver of this paragraph shall be
granted.''.
(b) Sales on Indian Reservations.--Section 5723 is amended by
adding at the end the following new subsections:
``(f) Sales on Indian Reservations.--The Secretary, in consultation
with the Secretary of the Interior, shall promulgate regulations that
require that each package of a tobacco product that is sold on an
Indian reservation (as defined in section 403(9) of the Indian Child
Protection and Family Violence Prevention Act (25 U.S.C. 3202(9)) be
labeled as such. Such regulations shall include requirements for the
size and location of the label.
``(g) Definition of Package.--For purposes of this section, the
term `package' means the innermost sealed container irrespective of the
material from which such container is made, in which a tobacco product
is placed by the manufacturer and in which such tobacco product is
offered for sale to a member of the general public.''.
SEC. 103. WHOLESALERS REQUIRED TO HAVE PERMIT.
Section 5712 (relating to application for permit) is amended by
inserting ``, wholesaler,'' after ``manufacturer''.
SEC. 104. CONDITIONS OF PERMIT.
Subsection (a) of section 5713 (relating to issuance of permit) is
amended to read as follows:
``(a) Issuance.--
``(1) In general.--A person shall not engage in business as
a manufacturer, wholesaler, or importer of tobacco products or
as an export warehouse proprietor without a permit to engage in
such business. Such permit shall be issued in such form and in
such manner as the Secretary shall by regulation prescribe, to
every person properly qualified under sections 5711 and 5712. A
new permit may be required at such other time as the Secretary
shall by regulation prescribe.
``(2) Conditions.--The issuance of a permit under this
section shall be conditioned upon the compliance with the
requirements of this chapter and the Contraband Cigarette
Trafficking Act (18 U.S.C. chapter 114), and any regulations
issued pursuant to such statutes.''.
SEC. 105. RECORDS TO BE MAINTAINED.
Section 5741 (relating to records to be maintained) is amended--
(1) by inserting ``(a) In General.--'' before ``Every
manufacturer'',
(2) by inserting ``every wholesaler,'' after ``every
importer,'',
(3) by striking ``such records'' and inserting ``records
concerning the chain of custody of the tobacco products and
such other records'', and
(4) by adding at the end the following new subsection:
``(b) Retailers.--Retailers shall maintain records of receipt of
tobacco products, and such records shall be available to the Secretary
for inspection and audit. An ordinary commercial record or invoice
shall satisfy the requirements of this subsection if such record shows
the date of receipt, from whom tobacco products were received, and the
quantity of tobacco products received.''.
SEC. 106. REPORTS.
Section 5722 (relating to reports) is amended--
(1) by inserting ``(a) In General.--'' before ``Every
manufacturer'', and
(2) by adding at the end the following new subsection:
``(b) Reports By Export Warehouse Proprietors.--
``(1) In general.--Prior to exportation of tobacco products
from the United States, the export warehouse proprietor shall
submit a report (in such manner and form as the Secretary may
by regulation prescribe) to enable the Secretary to identify
the shipment and assure that it reaches its intended
destination.
``(2) Agreements with foreign governments.--Notwithstanding
section 6103 of this title, the Secretary is authorized to
enter into agreements with foreign governments to exchange or
share information contained in reports received from export
warehouse proprietors of tobacco products if--
``(A) the Secretary believes that such agreement
will assist in--
``(i) ensuring compliance with the
provisions of this chapter or regulations
promulgated thereunder, or
``(ii) preventing or detecting violations
of the provisions of this chapter or
regulations promulgated thereunder, and
``(B) the Secretary obtains assurances from such
government that the information will be held in
confidence and used only for the purposes specified in
clauses (i) and (ii) of subparagraph (A).
No information may be exchanged or shared with any government
that has violated such assurances.''.
SEC. 107. FRAUDULENT OFFENSES.
(a) In General.--Subsection (a) of section 5762 (relating to
fraudulent offenses) is amended by striking paragraph (1) and
redesignating paragraphs (2) through (6) as paragraphs (1) through (5),
respectively.
(b) Offenses Relating to Distribution of Tobacco Products.--Section
5762 is amended--
(1) by redesignating subsection (b) as subsection (c),
(2) in subsection (c) (as so redesignated), by inserting
``or (b)'' after ``(a)'', and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Offenses Relating to Distribution of Tobacco Products.--It
shall be unlawful--
``(1) for any person to engage in the business as a
manufacturer or importer of tobacco products or cigarette
papers and tubes, or to engage in the business as a wholesaler
or an export warehouse proprietor, without filing the bond and
obtaining the permit where required by this chapter or
regulations thereunder;
``(2) for a manufacturer, importer, or wholesaler permitted
under this chapter intentionally to ship, transport, deliver,
or receive any tobacco products from or to any person other
than a person permitted under this chapter or a retailer,
except a permitted importer may receive foreign tobacco
products from a foreign manufacturer or a foreign distributor
that have not previously entered the United States;
``(3) for any person (other than the original manufacturer
of such tobacco products or an export warehouse proprietor
authorized to receive any tobacco products that have previously
been exported and returned to the United States) to receive any
tobacco products that have previously been exported and
returned to the United States;
``(4) for any export warehouse proprietor intentionally to
ship, transport, sell, or deliver for sale any tobacco products
to any person other than the original manufacturer of such
tobacco products, another export warehouse proprietor, or a
foreign purchaser;
``(5) for any person (other than a manufacturer or an
export warehouse proprietor permitted under this chapter)
intentionally to ship, transport, receive, or possess, for
purposes of resale, any tobacco product in packages marked
pursuant to regulations issued under section 5723, other than
for direct return to a manufacturer for repacking or for re-
exportation or to an export warehouse proprietor for re-
exportation;
``(6) for any manufacturer, importer, export warehouse
proprietor, or wholesaler permitted under this chapter to make
intentionally any false entry in, to fail willfully to make
appropriate entry in, or to fail willfully to maintain properly
any record or report that such person is required to keep as
required by this chapter or the regulations promulgated
thereunder; and
``(7) for any person to alter, mutilate, destroy,
obliterate, or remove any mark or label required under this
chapter upon a tobacco product held for sale, except pursuant
to regulations of the Secretary authorizing relabeling for
purposes of compliance with the requirements of this section or
of State law.
Any person violating any of the provisions of this subsection shall,
upon conviction, be fined as provided in section 3571 of title 18,
United States Code, imprisoned for not more than 5 years, or both.''.
(c) Intentionally Defined.--Section 5762 is amended by adding at
the end the following:
``(d) Definition of Intentionally.--For purposes of this section
and section 5761, the term `intentionally' means doing an act, or
omitting to do an act, deliberately, and not due to accident,
inadvertence, or mistake, regardless of whether the person knew that
the act or omission constituted an offense.''.
SEC. 108. CIVIL PENALTIES.
Subsection (a) of section 5761 (relating to civil penalties) is
amended--
(1) by striking ``willfully'' and inserting
``intentionally'', and
(2) by striking ``$1,000'' and inserting ``$10,000''.
SEC. 109. DEFINITIONS.
(a) Export Warehouse Proprietor.--Subsection (i) of section 5702
(relating to definition of export warehouse proprietor) is amended by
inserting before the period the following: ``or any person engaged in
the business of exporting tobacco products from the United States for
purposes of sale or distribution. Any duty free store that sells,
offers for sale, or otherwise distributes to any person in any single
transaction more than 30 packages of cigarettes, or its equivalent for
other tobacco products as the Secretary shall by regulation prescribe,
shall be deemed an export warehouse proprietor under this chapter''.
(b) Retailer; Wholesaler.--Section 5702 is amended by adding at the
end the following:
``(p) Retailer.--The term `retailer' means any dealer who sells, or
offers for sale, any tobacco product at retail. The term `retailer'
includes any duty-free store that sells, offers for sale, or otherwise
distributes at retail in any single transaction 30 or less packages, or
its equivalent for other tobacco products.
``(q) Wholesaler.--The term `wholesaler' means any person engaged
in the business of purchasing tobacco products for resale at wholesale,
or any person acting as an agent or broker for any person engaged in
the business of purchasing tobacco products for resale at wholesale.''.
SEC. 110. EFFECTIVE DATE.
The amendments made by this title shall take effect on January 1,
2003.
TITLE II--AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT
SEC. 201. AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT.
(a) Definitions.--Section 2341 of title 18, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking ``60,000'' and inserting
``30,000'', and
(B) by inserting ``or importer'' after ``as a
manufacturer'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(6) the term `tobacco product' means cigars, cigarettes,
smokeless tobacco, and pipe tobacco (as such terms are defined
in section 5701 of the Internal Revenue Code of 1986); and
``(7) the term `contraband tobacco product' means a
quantity of tobacco product that is equivalent to or more than
30,000 cigarettes as determined by regulation, which bear no
evidence of the payment of applicable State tobacco taxes in
the State where such tobacco products are found, if such State
requires a stamp, impression, or other indication to be placed
on packages or other containers of product to evidence payment
of tobacco taxes.''
(b) Unlawful Acts.--Section 2342 of title 18, United States Code,
is amended--
(1) in subsection (a), by inserting ``or contraband tobacco
products'' before the period;
(2) by amending subsection (b) to read as follows:
``(b)(1) It shall be unlawful for any person--
``(A) knowingly to make any false statement or
representation with respect to the information required by this
chapter to be kept in the records or reports of any person who
ships, sells, or distributes--
``(i) any quantity of cigarettes in excess of
30,000 in a single transaction or in a series of
related transactions, or
``(ii) tobacco products in such equivalent
quantities as shall be determined by regulation, or
``(B) knowingly to fail to maintain records or reports,
alter or obliterate required markings, or interfere with any
inspection, required under this chapter, with respect to such
quantity of cigarettes or other tobacco products.''; and
(3) by adding at the end the following:
``(c) It shall be unlawful for any person knowingly to transport
tobacco products under a false bill of lading or without any bill of
lading.''.
(c) Recordkeeping.--Section 2343 of title 18, United States Code,
is amended--
(1) in subsection (a), by striking ``60,000 in a single
transaction'' and inserting ``30,000 in a single transaction or
in a series of related transactions, or, in the case of other
tobacco products an equivalent quantity as determined by
regulation,'';
(2) by amending the last sentence of subsection (a) to read
as follows: ``Except as provided in subsection (c) of this
section, nothing contained herein shall authorize the Secretary
to require reporting under this section.'';
(3) in subsection (b), by striking ``60,000 in a single
transaction'' and inserting ``30,000 in a single transaction or
in a series of related transactions, or, in the case of other
tobacco products an equivalent quantity as determined by
regulation,''; and
(4) by adding at the end the following:
``(c)(1) Any person who ships, sells, or distributes tobacco
products for resale in interstate commerce, whereby such tobacco
products are shipped into a State taxing the sale or use of such
tobacco products or who advertises or offers tobacco products for such
sale or transfer and shipment shall--
``(A) first file with the tobacco tax administrator of the
State into which such shipment is made or in which such
advertisement or offer is disseminated, a statement setting for
the person's name, and trade name (if any), and the address of
the person's principal place of business and of any other place
of business; and
``(B) not later than the 10th of each calendar month, file
with the tobacco tax administrator of the State into which such
shipment is made a memorandum or a copy of the invoice covering
each and every shipment of tobacco products made during the
previous calendar month into such State; the memorandum or
invoice in each case to include the name and address of the
person to whom the shipment was made, the brand, and the
quantity thereof.
``(2) The fact that any person ships or delivers for shipment any
tobacco products shall, if such shipment is into a State in which such
person has filed a statement with the tobacco tax administrator under
paragraph (1)(A) of this subsection, be presumptive evidence that such
tobacco products were sold, shipped, or distributed for resale by such
person.
``(3) For purposes of this subsection--
``(A) the term `use' in addition to its ordinary meaning,
means consumption, storage, handling, or disposal of tobacco
products; and
``(B) the term `tobacco tax administrator' means the State
official authorized to administer tobacco tax laws of the
State.''.
(d) Penalties.--Section 2344 of title 18, United States Code, is
amended--
(1) in subsection (b), by inserting ``or (c)'' after
``section 2342(b)'' and by inserting ``or (c)'' after section
2343(a)''; and
(2) by striking subsection (c) and inserting the following
new subsection:
``(c) Any contraband cigarettes or contraband tobacco products
involved in any violation of the provisions of this chapter shall be
subject to seizure and forfeiture, and all provisions of section
9703(o) of title 31, United States Code, shall, so far as applicable,
extend to seizures and forfeitures under the provisions of this
chapter.''
(e) Repeal.--The Act of October 19, 1949, entitled ``An Act to
assist States in collecting sales and use taxes on cigarettes'', 63
Stat. 884 (chapter 10A of title 15, U.S.C.), is hereby repealed.
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Tobacco Smuggling Eradication Act of 2002 - Amends chapter 52 (Tobacco Products and Cigarette Papers and Tubes) of the Internal Revenue Code to require all packages of tobacco products to carry a unique legibly printed serial number by which the Secretary of the Treasury can identify the manufacturer or importer and the location and date of manufacture or importation. Requires tobacco products sold on Indian reservations to be labeled as such.Requires a tobacco wholesaler to have a permit and to maintain certain records.Requires export warehouse proprietors to file certain reports with the Secretary. Authorizes the Secretary to enter into certain tobacco related information agreements with foreign countries.Establishes new offenses relating to the distribution of tobacco.Raises the $1,000 civil penalty under chapter 52 to $10,000.Amends the Contraband Cigarette Trafficking Act to: (1) expand the applicability of such Act from cigarettes only to "tobacco product" (cigars, cigarettes, smokeless tobacco, and pipe tobacco); (2) define "contraband tobacco product" as a quantity of tobacco product that is equivalent to or more than 30,000 cigarettes (currently, 60,000) which bear no evidence of the payment of applicable State tobacco taxes; (3) establish new unlawful acts; and (4) require additional recordkeeping.Repeals Federal law provisions concerning reports required to State tobacco tax administrators by individuals engaged in interstate cigarette commerce.
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Summarize the following text: SECTION 1. TECHNICAL AMENDMENTS TO PUBLIC LAW 114-10.
(a) MIPS Transition.--Section 1848 of the Social Security Act (42
U.S.C. 1395w-4) is amended--
(1) in subsection (q)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``items and services'' and inserting ``covered
professional services (as defined in subsection
(k)(3)(A))''; and
(ii) in subparagraph (C)(iv)--
(I) by amending subclause (I) to
read as follows:
``(I) The minimum number (as
determined by the Secretary) of--
``(aa) for performance
periods beginning before
January 1, 2018, individuals
enrolled under this part who
are treated by the eligible
professional for the
performance period involved;
and
``(bb) for performance
periods beginning on or after
January 1, 2018, individuals
enrolled under this part who
are furnished covered
professional services (as
defined in subsection
(k)(3)(A)) by the eligible
professional for the
performance period involved.'';
(II) in subclause (II), by striking
``items and services'' and inserting
``covered professional services (as
defined in subsection (k)(3)(A))''; and
(III) by amending subclause (III)
to read as follows:
``(III) The minimum amount (as
determined by the Secretary) of--
``(aa) for performance
periods beginning before
January 1, 2018, allowed
charges billed by such
professional under this part
for such performance period;
and
``(bb) for performance
periods beginning on or after
January 1, 2018, allowed
charges for covered
professional services (as
defined in subsection
(k)(3)(A)) billed by such
professional for such
performance period.'';
(B) in paragraph (5)(D)--
(i) in clause (i)(I), by inserting
``subject to clause (iii),'' after ``clauses
(i) and (ii) of paragraph (2)(A),''; and
(ii) by adding at the end the following new
clause:
``(iii) Transition years.--For each of the
second, third, fourth, and fifth years for
which the MIPS applies to payments, the
performance score for the performance category
described in paragraph (2)(A)(ii) shall not
take into account the improvement of the
professional involved.'';
(C) in paragraph (5)(E)--
(i) in clause (i)(I)(bb)--
(I) in the heading by striking
``First 2 years'' and inserting ``First
5 years''; and
(II) by striking ``the first and
second years'' and inserting ``each of
the first through fifth years''; and
(ii) in clause (i)(II)(bb)--
(I) in the heading, by striking ``2
years'' and inserting ``5 years''; and
(II) by striking the second
sentence and inserting the following
new sentences: ``For each of the
second, third, fourth, and fifth years
for which the MIPS applies to payments,
not less than 10 percent and not more
than 30 percent of such score shall be
based on performance with respect to
the category described in clause (ii)
of paragraph (2)(A). Nothing in the
previous sentence shall be construed,
with respect to a performance period
for a year described in the previous
sentence, as preventing the Secretary
from basing 30 percent of such score
for such year with respect to the
category described in such clause (ii),
if the Secretary determines, based on
information posted under subsection
(r)(2)(I) that sufficient resource use
measures are ready for adoption for use
under the performance category under
paragraph (2)(A)(ii) for such
performance period.'';
(D) in paragraph (6)(D)--
(i) in clause (i), in the second sentence,
by striking ``Such performance threshold'' and
inserting ``Subject to clauses (iii) and (iv),
such performance threshold'';
(ii) in clause (ii)--
(I) in the first sentence, by
inserting ``(beginning with 2019 and
ending with 2024)'' after ``for each
year of the MIPS''; and
(II) in the second sentence, by
inserting ``subject to clause (iii),''
after ``For each such year,'';
(iii) in clause (iii)--
(I) in the heading, by striking
``2'' and inserting ``5''; and
(II) in the first sentence, by
striking ``two years'' and inserting
``five years''; and
(iv) by adding at the end the following new
clause:
``(iv) Additional special rule for third,
fourth and fifth years of mips.--For purposes
of determining MIPS adjustment factors under
subparagraph (A), in addition to the
requirements specified in clause (iii), the
Secretary shall increase the performance
threshold with respect to each of the third,
fourth, and fifth years to which the MIPS
applies to ensure a gradual and incremental
transition to the performance threshold
described in clause (i) (as estimated by the
Secretary) with respect to the sixth year to
which the MIPS applies.'';
(E) in paragraph (6)(E)--
(i) by striking ``In the case of items and
services'' and inserting ``In the case of
covered professional services (as defined in
subsection (k)(3)(A))''; and
(ii) by striking ``under this part with
respect to such items and services'' and
inserting ``under this part with respect to
such covered professional services''; and
(F) in paragraph (7), in the first sentence, by
striking ``items and services'' and inserting ``covered
professional services (as defined in subsection
(k)(3)(A))'';
(2) in subsection (r)(2), by adding at the end the
following new subparagraph:
``(I) Information.--The Secretary shall, not later
than December 31st of each year (beginning with 2018),
post on the Internet website of the Centers for
Medicare & Medicaid Services information on resource
use measures in use under subsection (q), resource use
measures under development and the time-frame for such
development, potential future resource use measure
topics, a description of stakeholder engagement, and
the percent of expenditures under part A and this part
that are covered by resource use measures.''; and
(3) in subsection (s)(5)(B), by striking ``section
1833(z)(2)(C)'' and inserting ``section 1833(z)(3)(D)''.
(b) Physician-Focused Payment Model Technical Advisory Committee
Provision of Initial Proposal Feedback.--Section 1868(c)(2)(C) of the
Social Security Act (42 U.S.C. 1395ee(c)(2)(C)) is amended to read as
follows:
``(C) Committee review of models submitted.--The
Committee, on a periodic basis--
``(i) shall review models submitted under
subparagraph (B);
``(ii) may provide individuals and
stakeholder entities who submitted such models
with--
``(I) initial feedback on such
models regarding the extent to which
such models meet the criteria described
in subparagraph (A); and
``(II) an explanation of the basis
for the feedback provided under
subclause (I); and
``(iii) shall prepare comments and
recommendations regarding whether such models
meet the criteria described in subparagraph (A)
and submit such comments and recommendations to
the Secretary.''.
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This bill revises provisions related to performance and payment under Medicare's Merit-based Incentive Payment System.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Write the Laws Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY STATEMENT.
(a) In General.--This Act is enacted pursuant to the powers
conferred by the Constitution of the United States upon Congress by--
(1) article I, section 1, which vests in Congress all
legislative powers granted under the Constitution; and
(2) article I, section 8, clause 18, which vests in
Congress the power to make all laws that shall be necessary and
proper for executing the legislative power granted to Congress
in the Constitution.
(b) Other Authority.--This Act is also enacted to bring the
enforcement of Federal law into compliance with the guarantee under the
Fifth Amendment to the Constitution of the United States that no person
be deprived of life, liberty, or property without due process of law.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Article I, section 1 of the Constitution of the United
States vests the legislative powers enumerated therein in
Congress, consisting of a Senate and a House of
Representatives, subject only to the veto power of the
President as provided in article I, section 7, clause 2.
(2) Article II, section 1 of the Constitution of the United
States vests the executive power of the United States in a
President.
(3) Article III, section 1 of the Constitution of the
United States vests the judicial power of the United States in
``one supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish'', subject
only to the jurisdictional limitations set forth in article
III, section 2.
(4) As the Supreme Court of the United States has stated,
``In the main, [the Constitution of the United States] has
blocked out with singular precision, and in bold lines, in its
three primary Articles, the allotment of power to the
executive, the legislative, and judicial departments of the
government [and] the powers confided by the Constitution to one
of these departments cannot be exercised by another.''.
Kilbourn v. Thompson, 103 U.S. 168, 191 (1881).
(5) ``It is . . . essential to the successful working of
this system, that the persons entrusted with power in any one
of these branches shall not be permitted to encroach upon the
powers confided to others, but that each shall by the law of
its creation be limited to the exercise of the powers . . . of
its own department and no other.''. Id.
(6) ``The increase in the number of States, in their
population and wealth, and in the amount of power . . . [has]
present[ed] powerful and growing temptations to those to whom
that exercise is intrusted, to overstep the just boundaries of
their own department, and enter upon the domain of one of the
others, or to assume powers not intrusted to either of them.''.
Id. at 191-192.
(7) Succumbing to these ``powerful and growing''
temptations, and beginning in the late nineteenth century with
the Interstate Commerce Commission and continuing to the
present time, Congress has unconstitutionally created numerous
administrative agencies with blended powers, namely--
(A) the exercise of legislative power vested by the
Constitution of the United States in Congress;
(B) the exercise of executive power vested by the
Constitution of the United States in the President; and
(C) the exercise of judicial power vested by the
Constitution of the United States in the Supreme Court
and lower Federal courts.
(8) By delegating legislative, executive, and judicial
power to the various administrative agencies, Congress has
departed from the separation of powers structure of the
Constitution of the United States, and ignored the warning of
the framers of that instrument that ``The accumulation of all
powers, legislative, executive, and judiciary, in the same
hands, whether of one, a few, or many, and whether hereditary,
self-appointed, or elective, may justly be pronounced the very
definition of tyranny.''. James Madison, The Federalist No. 47.
(9) Further, by delegating legislative, executive, and
judicial powers to various administrative agencies, Congress
has unconstitutionally established a Star Chamber-like system
of rules promulgated, executed, and adjudicated by
administrative agencies that are functionally a part of the
executive branch of the Federal Government in violation of the
due process guarantee of the Fifth Amendment to the
Constitution of the United States.
(10) By the very nature of legislative power, and by the
express terms of article I, section 1 of the Constitution of
the United States, Congress may not delegate any legislative
power to any other branch of the Federal Government or other
entity, including any administrative agency. As Chief Justice
John Marshall stated: ``It will not be contended that congress
can delegate to the courts, or to any other tribunals, powers
which are strictly and exclusively legislative.''. Wayman v.
Southard, 10 Wheat. (23 U.S.) 1, 42 (1825).
(11) As Chief Justice Melville Fuller explained, a
``criminal offense'' created or clarified by an agency in the
executive branch is not valid unless the offense ``is fully and
completely defined by the act'' of Congress. In re Kollock, 165
U.S. 526, 533 (1897).
(12) By vesting legislative power in the Congress, the
Constitution requires the Senate and the House of
Representatives to enact statutes containing general rules to
be executed by the President, as provided in article II,
section 1 of the Constitution of the United States, and to be
adjudicated in a case or controversy by such inferior courts as
Congress may from time to time establish, or in the Supreme
Court, as provided in article III, sections 1 and 2.
(13) By abdicating its constitutional legislative
responsibility to write the laws whereby the people are
governed, and having unconstitutionally delegated that power to
unelected bureaucrats, Congress has undermined the
constitutional protections of--
(A) the checks and balances of a bicameral
legislative body; and
(B) a Presidential veto.
(14) As a direct consequence of Congress having abdicated
its responsibility to properly exercise the legislative power
vested by the Constitution of the United States, Congress has--
(A) imposed onerous and unreasonable burdens upon
the American people; and
(B) violated the constitutional principle of the
separation of the legislative, executive, and judicial
processes and functions.
SEC. 4. RESTORING THE SEPARATION OF POWERS.
(a) In General.--Title 1 of the United States Code is amended by
inserting after chapter 2 the following:
``CHAPTER 2A--SEPARATION OF POWERS
``Sec.
``151. Nondelegation of legislative power.
``152. Enforcement clause.
``153. Applicability.
``Sec. 151. Nondelegation of legislative power
``(a) Definition.--In this section, the term `delegation of
legislative powers'--
``(1) includes--
``(A) the creation or clarification of any criminal
or civil offense; and
``(B) the creation or clarification of any non-
criminal regulation, prohibition or limitation
applicable to the public, or some subset thereof, that
is not fully and completely defined in an Act of
Congress, except that the Executive Branch of
government may be delegated authority to make factual
findings that will determine the date upon which such
an Act is implemented, suspended, or revived; and
``(2) does not include the issuance of any presidential
proclamation, or the issuance of any rule or regulation
governing the internal operation of any agency, or conditions
made upon grants or contracts issued by any agency.
``(b) Prohibition.--An Act of Congress may not contain any
delegation of legislative powers, whether to--
``(1) any component within the legislative branch of the
Federal Government;
``(2) the President or any other member of the executive
branch of the Federal Government;
``(3) the judicial branch of the Federal Government;
``(4) any agency;
``(5) any quasi-public agency;
``(6) any State or instrumentality thereof; or
``(7) any other organization or individual.
``(c) Executive Actions.--No new presidential directive,
adjudicative decision, rule, or regulation, or change to an existing
presidential directive, adjudicative decision, rule, or regulation
governing, limiting, imposing a penalty on, or otherwise regulating any
activity of any individual or entity, other than an officer or employee
of the Federal Government, may be promulgated or put into effect,
unless the directive, decision, rule or regulation is authorized by an
Act of Congress that complies with subsection (b).
``(d) Report.--Not later than 6 months after the date of enactment
of this chapter, the Comptroller General of the United States shall
submit to Congress a report identifying all statutes enacted before the
date that is 90 days after the date of enactment of this chapter which
contain any delegation of legislative powers prohibited under this
section.
``Sec. 152. Enforcement clause
``(a) In General.--An Act of Congress, presidential directive,
adjudicative decision, rule, or regulation that does not comply with
section 151 shall have no force or effect and no legal, equitable,
regulatory, civil, or criminal action may be brought under such an Act
of Congress, presidential directive, adjudicative decision, rule, or
regulation.
``(b) Cause of Action.--Any person aggrieved by any action of any
officer or employee in the executive branch of the Federal Government
under any Act of Congress that does not comply with section 151 may
bring a cause of action under sections 2201 and 2202 of title 28
against the United States to seek appropriate relief, including an
injunction against enforcement of any Act of Congress, presidential
directive, adjudicative decision, rule, or regulation that does not
comply with section 151.
``(c) Standard of Review.--In any action brought under subsection
(b), the standard of review shall be de novo.
``Sec. 153. Effective date
``This chapter shall apply to any Act of Congress, presidential
directive, adjudicative decision, rule, or regulation, change to an
existing presidential directive, adjudicative decision, rule, or
regulation, enacted or promulgated on or after the date that is 90 days
after the date of enactment of this chapter.''.
(b) Technical and Conforming Amendment.--The table of chapters for
title 1, United States Code, is amended by inserting after the item
relating to chapter 2 the following:
``2A. Separation of powers................................. 151''.
SEC. 5. SEVERABILITY CLAUSE.
If any provision of this Act or an amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid for any reason in any court of
competent jurisdiction, the remainder of this Act and amendments made
by this Act, and the application of the provisions and amendment to any
other person or circumstance, shall not be affected.
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Write the Laws Act - Prohibits an Act of Congress from containing any delegation of legislative powers, whether to: (1) any component within the legislative branch, (2) the President or any other member of the executive branch, (3) the judicial branch, (4) any agency, (5) any quasi-public agency, (6) any state or state instrumentality, or (7) any other organization or individual. Excludes from the meaning of delegation of legislative powers the issuance of presidential proclamations, or issuance of rules or regulations governing the internal operation of federal agencies, or conditions made upon grants or contracts issued by agencies. Prohibits the promulgation or putting into effect of any new presidential directive, adjudicative decision, rule, or regulation, or change to an existing presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than a federal officer or employee, unless it is authorized by an Act of Congress that complies with this Act. Requires the Comptroller General (GAO) to identify to Congress all statutes enacted within 90 days after enactment of this Act which contain any delegation of legislative powers prohibited by it. Denies any force or effect to any Act of Congress, presidential directive, adjudicative decision, rule, or regulation noncompliant with this Act. Prohibits any legal, equitable, regulatory, civil, or criminal action from being brought under such an Act, adjudicative decision, rule, or regulation. Grants persons aggrieved by the action of any executive branch officer or employee the right to bring an action against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, presidential directive, adjudicative decision, rule, or regulation noncompliant with this Act.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Caves National Monument
Boundary Adjustment Act of 2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to add surrounding land to the
Monument--
(1) to enhance the protection of the resources associated
with the Monument; and
(2) to increase public recreation opportunities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map titled ``Oregon
Caves National Monument and Preserve'' numbered 150/80,023, and
dated May 2010.
(2) Monument.--The term ``Monument'' means the Oregon Caves
National Monument established by Presidential Proclamation
Number 876 (36 Stat. 2497), dated July 12, 1909.
(3) National preserve.--The term ``National Preserve''
means the National Preserve designated by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Bureau of Land Management.
(6) State.--The term ``State'' means the State of Oregon.
SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY ADJUSTMENT.
(a) In General.--The Monument shall be known and designated as the
``Oregon Caves National Monument and Preserve''. The land identified on
the map as ``Proposed Addition Lands'' shall be designated as a
National Preserve.
(b) Land Transfer.--The Secretary of Agriculture shall--
(1) transfer approximately 4,070 acres of land identified
on the map as the ``Proposed Addition Lands'' to the Secretary
to be administered as part of the Oregon Caves National
Monument and Preserve; and
(2) adjust the boundary of the Rogue River-Siskiyou
National Forest to exclude the land transferred under paragraph
(1).
(c) Boundary Adjustment.--The boundary of the National Monument is
modified to exclude approximately 4 acres of land--
(1) located in the City of Cave Junction; and
(2) identified on the map as the ``Cave Junction Unit'', as
depicted on the map.
(d) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Monument shall be
considered to be a reference to the ``Oregon Caves National Monument
and Preserve''.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall administer the National Monument and
Preserve in accordance with--
(1) this Act;
(2) Presidential Proclamation Number 876 (36 Stat. 2497),
dated July 12, 1909; and
(3) any law (including regulations) generally applicable to
units of the National Park System, including the National Park
Service Organic Act (16 U.S.C. 1 et seq.).
(b) Fire Management.--As soon as practicable after the date of
enactment of this Act, in accordance with subsection (a), the Secretary
shall revise the fire management plan for the Monument to include the
National Preserve and, in accordance with the revised plan, carry out
hazardous fuel management activities within the boundaries of the
National Monument and Preserve.
(c) Existing Forest Service Contracts.--The Secretary shall allow
for the completion of existing Forest Service stewardship and service
contracts executed as of the date of enactment of this Act and shall
recognize the authority of the Secretary of Agriculture for the purpose
of administering the existing Forest Service contracts through their
completion. All terms and conditions of existing Forest Service
contracts shall remain in place for the duration of those contracts.
Any such liability existing at the time of enactment of this Act shall
be that of the Forest Service.
(d) Grazing.--The Secretary may allow the grazing of livestock
within the preserve to continue where authorized under permits or
leases in existence as of the date of enactment of this Act. Grazing
shall be at no more than the current level, as measured in Animal Unit
Months, and subject to applicable laws and National Park Service
regulations.
SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.
(a) Donation of Lease or Permit.--
(1) Acceptance by secretary concerned.--The Secretary
concerned shall accept the donation of a grazing lease or
permit from a leasee or permittee for--
(A) the Big Grayback Grazing Allotment located in
the Rogue River-Siskiyou National Forest; and
(B) the Billy Mountain Grazing Allotment located on
a parcel of land that is managed by the Secretary
(acting through the Director of the Bureau of Land
Management).
(2) Termination.--With respect to each permit or lease
donated under subparagraph (a), the Secretary shall--
(A) terminate the grazing permit or lease; and
(B) ensure a permanent end to grazing on the land
covered by the permit or lease.
(b) Effect of Donation.--A lessee or permittee that donates a
grazing lease or grazing permit (or a portion of a grazing lease or
grazing permit) under this section shall be considered to have waived
any claim to any range improvement on the associated grazing allotment
or portion of the associated grazing allotment, as applicable.
SEC. 7. HUNTING, FISHING, AND TRAPPING.
(a) In General.--Except as provided in subsection (b), the
Secretary shall permit hunting, fishing, and trapping on land and water
within the National Preserve in accordance with each applicable law
(including regulations) of the Federal Government and the State.
(b) Administrative Exceptions.--In accordance with subsection (c),
the Secretary may designate areas in which, and establish limited
periods during which, no hunting, fishing, or trapping may be permitted
within the National Preserve due to concerns relating to--
(1) public safety;
(2) the administration of the National Preserve; or
(3) the compliance by the Secretary with any applicable law
(including regulations).
(c) Consultation With Appropriate State Agency.--Except to respond
to a situation that the Secretary determines to be an emergency, the
Secretary shall consult with the appropriate agency of the State before
taking any act to close any area within the National Preserve to
hunting, fishing, or trapping.
SEC. 8. EFFECT.
Nothing in this Act affects the authority or responsibility of the
State to carry out any law or duty of the State relating to fish and
wildlife on areas located within the National Preserve.
SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER STYX, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by inserting the following paragraph:
``(__) River styx, oregon.--The subterranean segment of
Cave Creek, known as the River Styx, to be administered by the
Secretary of the Interior as a scenic river.''.
SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR STUDY.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a))
is amended by adding at the end the following:
``(__) Oregon caves national monument and preserve,
oregon.--
``(A) Cave creek, oregon.--The 2.6-mile segment of
Cave Creek from the headwaters at the River Styx to the
boundary of the Rogue River Siskiyou National Forest.
``(B) Lake creek, oregon.--The 3.6-mile segment of
Lake Creek from the headwaters at Bigelow Lakes to the
confluence with Cave Creek.
``(C) No name creek, oregon.--The 0.6-mile segment
of No Name Creek from the headwaters to the confluence
with Cave Creek.
``(D) Panther creek.--The 0.8-mile segment of
Panther Creek from the headwaters to the confluence
with Lake Creek.
``(E) Upper cave creek.--The segment of Upper Cave
Creek from the headwaters to the confluence with River
Styx.''.
SEC. 11. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b))
is amended by adding at the end the following:
``(__) Oregon caves national monument and preserve,
oregon.--Not later than 3 years after funds are made available
to carry out this paragraph, the Secretary shall complete the
study of the Oregon Caves National Monument and Preserve
segments designated for study in subsection (a), and shall
submit to Congress a report containing the results of the
study.''.
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Oregon Caves National Monument Boundary Adjustment Act of 2010 - (Sec. 4) Redesignates the Oregon Caves National Monument as the Oregon Caves National Monument and Preserve.
Designates lands identified as proposed addition lands on the map entitled "Oregon Caves National Monument and Preserve" as a National Preserve.
Directs the Secretary of Agriculture (USDA) to: (1) transfer the proposed addition lands to the Secretary of the Interior (the Secretary) to be administered as part of the Monument and Preserve; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude such lands transferred by the Secretary.
Adjusts the boundary of the Monument to exclude certain land in the city of Cave Junction and identified on the map as the Cave Junction Unit.
(Sec. 5) Requires the Secretary to revise the fire management plan for the Monument to include the Preserve and carry out hazardous fuel management activities within the Monument and Preserve.
Allows for the completion of existing Forest Service stewardship and service contracts executed as of the enactment of this Act. Recognizes the authority of the Secretary of Agriculture to administer such existing contracts through their completion.
Permits the grazing of domestic livestock on land within the Preserve to continue where authorized under permits or leases in existence as of enactment at not more than the current level.
(Sec. 6) Directs the Secretary of Agriculture or the Secretary to accept the donation of a grazing lease or permit from a lessee or permittee for: (1) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (2) the Billy Mountain Grazing Allotment located on a parcel of BLM-managed land. Instructs the Secretary to terminate each donated permit or lease and ensure a permanent end to grazing on the land covered by such permit or lease. Considers a lessee or permittee donating a grazing lease or permit to have waived any claim to any range improvement on the associated grazing allotment or portion.
(Sec. 7) Allows the Secretary with specified administrative exceptions, to permit hunting, fishing, and trapping on land and water within the Preserve.
(Sec. 8) Prohibits this Act from affecting the state's authority or responsibility to carry out any laws or duties related to fish and wildlife on areas within the Preserve.
(Sec. 9) Amends the Wild and Scenic Rivers Act to designate: (1) the subterranean segment of the Cave Creek in Oregon known as the River Styx as a component of the national wild and scenic rivers system; and (2) certain additional segments of the Monument and Preserve for study for potential addition to the system.
(Sec. 11) Directs the Secretary to report the results of such study to Congress.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Development Investment Act
of 2017''.
SEC. 2. CREDIT FOR EMPLOYERS WHICH PARTNER WITH EDUCATIONAL
INSTITUTIONS TO IMPROVE WORKFORCE DEVELOPMENT AND JOB
TRAINING FOR STUDENTS.
(a) 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. EMPLOYERS PARTNERING WITH EDUCATIONAL INSTITUTIONS TO
IMPROVE WORKFORCE DEVELOPMENT AND JOB TRAINING FOR
STUDENTS.
``(a) General Rule.--For purposes of section 38, the employer
partnering credit determined under this section for any taxable year is
an amount equal to $5,000 for each qualified educational institution
engaged in a qualified partnership with the employer.
``(b) Maximum Credit.--
``(1) In general.--The maximum credit determined under this
section for the taxable year shall not exceed $20,000.
``(2) Controlled groups.--For purposes of paragraph (1),
all persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as a single
taxpayer.
``(c) Definitions.--For purposes of this section--
``(1) Qualified educational institution.--The term
`qualified educational institution' means any community
college, any other institution of higher education, and any
area career and technical education school.
``(2) Community college.--The term `community college'
means an institution of higher education that--
``(A) admits as a regular student an individual who
is beyond the age of compulsory school attendance in
the State in which the institution is located and who
has the ability to benefit from the training offered by
the institution, and
``(B) offers a 2-year program in engineering,
mathematics, or the physical or biological sciences
designed to prepare a student to work as a technician
or at the semiprofessional level in engineering,
scientific, or other technological fields requiring the
understanding and application of basic engineering,
scientific, or mathematical principles of knowledge.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
``(4) Area career and technical education school.--The term
`area career and technical education school' has the meaning
given such term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (29 U.S.C. 2302).
``(5) Qualified partnership.--Not later than six months
after the date of the enactment of this section, the Secretary
of Education, in consultation with the Secretary of Labor,
shall define the term `qualified partnership'. Such term shall
include a partnership through which--
``(A) an employer collaborates with an educational
institution to help develop curriculum in order to
improve workforce development and job training for
students,
``(B) an employer helps provide instruction to
students in the classroom, and
``(C) an employer provides internships,
apprenticeships, or other similar educational
opportunities in the workplace for students.
``(d) Certain Rules To Apply.--For purposes of this section, rules
similar to the rules of subsections (c), (d), and (e) of section 52
shall apply.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) 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 employer partnering credit determined under
section 45S.''.
(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 adding
at the end the following new item:
``Sec. 45S. Employers partnering with educational institutions to
improve workforce development and job
training for students.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. TAX CREDIT FOR EMPLOYERS WHO ENGAGE IN QUALIFIED WORKER
TRAINING.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986, as amended by the preceding
provisions of this Act, is amended by adding at the end the following
new section:
``SEC. 45T. CREDIT FOR EMPLOYERS WHO ENGAGE IN QUALIFIED WORKER
TRAINING.
``(a) In General.--For purposes of section 38, in the case of any
employer, the worker training tax credit determined under this section
with respect to any eligible employee of the employer is an amount
equal to the lesser of--
``(1) 50 percent of the job training program expenditures
of the taxpayer with respect to such employee during the
taxable year, or
``(2) $5,000.
``(b) Job Training Program Expenses.--For purposes of this
section--
``(1) In general.--The term `job training program expenses'
means amounts paid or incurred by the employer for expenses
incurred by or on behalf of an eligible employee for
participation in a qualified training program.
``(2) Qualified training program.--The term `qualified
training program' means--
``(A) a qualified partnership (as defined in
section 45S(c)(5)), or
``(B) an apprenticeship program registered and
certified with the Secretary of Labor under section 1
of the National Apprenticeship Act (29 U.S.C. 50).
``(c) Eligible Employee.--For purposes of this section, the term
`eligible employee' means any employee of the employer who, while
participating in the qualified training program, is--
``(1) employed on average at least 40 hours of service per
week, or
``(2) in the case of a qualified training program which a
qualified partnership (as defined in section 45S(c)(5)), meets
such hourly work requirements as may be specified by the
Secretary of Education in connection with such partnership.
``(d) Recapture of Credit for Employee Not Performing Minimum
Service.--
``(1) In general.--In the case of any employee with respect
to whom a credit is allowed under this section and whose
employment is terminated by the employer (other than by reason
of such employee's gross misconduct) before the end of the 2-
year period beginning on the first day of the employee's study
or training with respect to which a credit is allowed under
this section, the tax of the taxpayer under this chapter for
the taxable year during which such termination occurs shall be
increased by an amount equal to--
``(A) the aggregate decrease in the credits allowed
under section 38 for all prior taxable years which
would have resulted if the job training program
expenses with respect to such employee had been zero,
multiplied by
``(B) the inclusion ratio.
``(2) Inclusion ratio.--For purposes of this subsection,
the inclusion ratio is the ratio which--
``(A) an amount equal to the difference of--
``(i) the number of days in the 2-year
period, over
``(ii) the number of days such employee was
employed by the employer during such 2-year
period, bears to
``(B) the number of days in the 2-year period.
``(e) Controlled Groups.--For purposes of this section, all persons
treated as a single employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code, as amended by the preceding provisions of
this Act, is amended by striking ``plus'' at the end of paragraph (36),
by striking the period at the end of paragraph (37) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(38) the worker training tax credit determined under
section 45T(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 adding
at the end the following new item:
``Sec. 45T. Credit for employers who engage in qualified worker
training.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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Workforce Development Investment Act of 2017 This bill amends the Internal Revenue Code to allow employers a business-related tax credit of $5,000 for each community college, other institution of higher education, or area career and technical education school engaged in a qualified partnership with the employer. The bill allows a maximum credit of $20,000 in any taxable year. Within six months of the enactment of this bill, the Department of Education must define the term "qualified partnership." The term must include a partnership through which an employer: (1) collaborates with an educational institution to help develop curriculum in order to improve workforce development and job training for students; (2) helps provide instruction to students in the classroom; and (3) provides internships, apprenticeships, or other similar educational opportunities in the workplace for students. This bill also allows employers a worker training tax credit equal to the lesser of: 50% of the job training program expenditures for a full-time employee participating in a qualified training program, or $5,000. A "qualified training program" is: (1) a qualified partnership, or (2) an apprenticeship program registered and certified with the Department of Labor under the National Apprenticeship Act.
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billsum_train
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Threat Protection Act
of 2000''.
SEC. 2. REVISION OF SECTION 879 OF TITLE 18, UNITED STATES CODE.
(a) In General.--Section 879 of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of subsection (a)(2);
(2) in subsection (a)(3)--
(A) by striking ``the spouse'' and inserting ``a member of
the immediate family''; and
(B) by inserting ``or'' after the semicolon at the end;
(3) by inserting after subsection (a)(3) the following:
``(4) a person protected by the Secret Service under section
3056(a)(6);'';
(4) in subsection (a)--
(A) by striking ``who is protected by the Secret Service as
provided by law,''; and
(B) by striking ``three years'' and inserting ``5 years'';
and
(5) in subsection (b)(1)(B)--
(A) by inserting ``and (a)(3)'' after ``subsection
(a)(2)''; and
(B) by striking ``or Vice President-elect'' and inserting
``Vice President-elect, or major candidate for the office of
President or Vice President''.
(b) Conforming Amendments.--
(1) Heading.--The heading for section 879 of title 18, United
States Code, is amended by striking ``protected by the Secret
Service''.
(2) Table of sections.--The item relating to section 879 in the
table of sections at the beginning of chapter 41 of title 18,
United States Code, is amended by striking ``protected by the
Secret Service''.
SEC. 3. CLARIFICATION OF SECRET SERVICE AUTHORITY FOR SECURITY
OPERATIONS AT EVENTS AND GATHERINGS OF NATIONAL
SIGNIFICANCE.
Section 3056 of title 18, United States Code, is amended by adding
at the end the following:
``(e)(1) When directed by the President, the United States Secret
Service is authorized to participate, under the direction of the
Secretary of the Treasury, in the planning, coordination, and
implementation of security operations at special events of national
significance, as determined by the President.
``(2) At the end of each fiscal year, the President through such
agency or office as the President may designate, shall report to the
Congress--
``(A) what events, if any, were designated special events of
national significance for security purposes under paragraph (1);
and
``(B) the criteria and information used in making each
designation.''.
SEC. 4. NATIONAL THREAT ASSESSMENT CENTER.
(a) Establishment.--The United States Secret Service (hereafter in
this section referred to as the ``Service''), at the direction of the
Secretary of the Treasury, may establish the National Threat Assessment
Center (hereafter in this section referred to as the ``Center'') as a
unit within the Service.
(b) Functions.--The Service may provide the following to Federal,
State, and local law enforcement agencies through the Center:
(1) Training in the area of threat assessment.
(2) Consultation on complex threat assessment cases or plans.
(3) Research on threat assessment and the prevention of
targeted violence.
(4) Facilitation of information sharing among all such agencies
with protective or public safety responsibilities.
(5) Programs to promote the standardization of Federal, State,
and local threat assessments and investigations involving threats.
(6) Any other activities the Secretary determines are necessary
to implement a comprehensive threat assessment capability.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Service shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives detailing the
manner in which the Center will operate.
SEC. 5. ADMINISTRATIVE SUBPOENAS WITH REGARD TO PROTECTIVE INTELLIGENCE
FUNCTIONS OF THE SECRET SERVICE.
(a) In General.--Section 3486(a) of title 18, United States Code,
is amended--
(1) so that paragraph (1) reads as follows: ``(1)(A) In any
investigation of--
``(i)(I) a Federal health care offense; or (II) a Federal
offense involving the sexual exploitation or abuse of children, the
Attorney General; or
``(ii) an offense under section 871 or 879, or a threat against
a person protected by the United States Secret Service under
paragraph (5) or (6) of section 3056, if the Director of the Secret
Service determines that the threat constituting the offense or the
threat against the person protected is imminent, the Secretary of
the Treasury,
may issue in writing and cause to be served a subpoena requiring the
production and testimony described in subparagraph (B).
``(B) Except as provided in subparagraph (C), a subpoena issued
under subparagraph (A) may require--
``(i) the production of any records or other things relevant to
the investigation; and
``(ii) testimony by the custodian of the things required to be
produced concerning the production and authenticity of those
things.
``(C) A subpoena issued under subparagraph (A) with respect to a
provider of electronic communication service or remote computing
service, in an investigation of a Federal offense involving the sexual
exploitation or abuse of children shall not extend beyond--
``(i) requiring that provider to disclose the name, address,
local and long distance telephone toll billing records, telephone
number or other subscriber number or identity, and length of
service of a subscriber to or customer of such service and the
types of services the subscriber or customer utilized, which may be
relevant to an authorized law enforcement inquiry; or
``(ii) requiring a custodian of the records of that provider to
give testimony concerning the production and authentication of such
records or information.
``(D) As used in this paragraph, the term `Federal offense
involving the sexual exploitation or abuse of children' means an
offense under section 1201, 2241(c), 2242, 2243, 2251, 2251A, 2252,
2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual
who has not attained the age of 18 years.'';
(2) in paragraph (3)--
(A) by inserting ``relating to a Federal health care
offense'' after ``production of records''; and
(B) by adding at the end the following: ``The production of
things in any other case may be required from any place within
the United States or subject to the laws or jurisdiction of the
United States.''; and
(3) by adding at the end the following:
``(5) At any time before the return date specified in the summons,
the person or entity summoned may, in the United States district court
for the district in which that person or entity does business or
resides, petition for an order modifying or setting aside the summons,
or a prohibition of disclosure ordered by a court under paragraph (6).
``(6)(A) A United State district court for the district in which
the summons is or will be served, upon application of the United
States, may issue an ex parte order that no person or entity disclose
to any other person or entity (other than to an attorney in order to
obtain legal advice) the existence of such summons for a period of up
to 90 days.
``(B) Such order may be issued on a showing that the things being
sought may be relevant to the investigation and there is reason to
believe that such disclosure may result in--
``(i) endangerment to the life or physical safety of any
person;
``(ii) flight to avoid prosecution;
``(iii) destruction of or tampering with evidence; or
``(iv) intimidation of potential witnesses.
``(C) An order under this paragraph may be renewed for additional
periods of up to 90 days upon a showing that the circumstances
described in subparagraph (B) continue to exist.
``(7) A summons issued under this section shall not require the
production of anything that would be protected from production under
the standards applicable to a subpoena duces tecum issued by a court of
the United States.
``(8) If no case or proceeding arises from the production of
records or other things pursuant to this section within a reasonable
time after those records or things are produced, the agency to which
those records or things were delivered shall, upon written demand made
by the person producing those records or things, return them to that
person, except where the production required was only of copies rather
than originals.
``(9) A subpoena issued under paragraph (1)(A)(i)(II) or (1)(A)(ii)
may require production as soon as possible, but in no event less than
24 hours after service of the subpoena.
``(10) As soon as practicable following the issuance of a subpoena
under paragraph (1)(A)(ii), the Secretary of the Treasury shall notify
the Attorney General of its issuance.''.
(b) Conforming Amendments.--
(1) Section heading.--The heading for section 3486 of title 18,
United States Code, is amended by striking:
``in Federal health care investigations''.
(2) Table of sections.--The item relating to section 3486 in
the table of sections at the beginning of chapter 223 of title 18,
United States Code, is amended by striking:
``in Federal health care investigations''.
(3) Conforming repeal.--Section 3486A, and the item relating to
that section in the table of sections at the beginning of chapter
223, of title 18, United States Code, are repealed.
(c) Technical Amendment.--Section 3486 of title 18, United States
Code, is amended--
(1) in subsection (a)(4), by striking ``summoned'' and
inserting ``subpoenaed''; and
(2) in subsection (d), by striking ``summons'' each place it
appears and inserting ``subpoena''.
SEC. 6. FUGITIVE APPREHENSION TASK FORCES.
(a) In General.--The Attorney General shall, upon consultation with
appropriate Department of Justice and Department of the Treasury law
enforcement components, establish permanent Fugitive Apprehension Task
Forces consisting of Federal, State, and local law enforcement
authorities in designated regions of the United States, to be directed
and coordinated by the United States Marshals Service, for the purpose
of locating and apprehending fugitives.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General for the United States Marshals
Service to carry out the provisions of this section $30,000,000 for the
fiscal year 2001, $5,000,000 for fiscal year 2002, and $5,000,000 for
fiscal year 2003.
(c) Other Existing Applicable Law.--Nothing in this section shall
be construed to limit any existing authority under any other provision
of Federal or State law for law enforcement agencies to locate or
apprehend fugitives through task forces or any other means.
SEC. 7. STUDY AND REPORTS ON ADMINISTRATIVE SUBPOENAS.
(a) Study on Use of Administrative Subpoenas.--Not later than
December 31, 2001, the Attorney General, in consultation with the
Secretary of the Treasury, shall complete a study on the use of
administrative subpoena power by executive branch agencies or entities
and shall report the findings to the Committees on the Judiciary of the
Senate and the House of Representatives. Such report shall include--
(1) a description of the sources of administrative subpoena
power and the scope of such subpoena power within executive branch
agencies;
(2) a description of applicable subpoena enforcement
mechanisms;
(3) a description of any notification provisions and any other
provisions relating to safeguarding privacy interests;
(4) a description of the standards governing the issuance of
administrative subpoenas; and
(5) recommendations from the Attorney General regarding
necessary steps to ensure that administrative subpoena power is
used and enforced consistently and fairly by executive branch
agencies.
(b) Report on Frequency of Use of Administrative Subpoenas.--
(1) In general.--The Attorney General and the Secretary of the
Treasury shall report in January of each year to the Committees on
the Judiciary of the Senate and the House of Representatives on the
number of administrative subpoenas issued by them under this
section and the identity of the agency or component of the
Department of Justice or the Department of the Treasury issuing the
subpoena and imposing the charges.
(2) Expiration.--The reporting requirement of this subsection
shall terminate in 3 years after the date of the enactment of this
section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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(Sec. 3) Authorizes the Secret Service, at the direction of: (1) the President, under the direction of the Secretary of the Treasury, to participate in the planning, coordination, and implementation of security operations at events or gatherings of national significance; and (2) the Secretary, to establish the National Threat Assessment Center as a unit within the Service. Sets forth provisions regarding functions of the Center and reporting requirements.
(Sec. 5) Rewrites provisions regarding administrative subpoenas in Federal health care investigations to provide that, in any investigation of a Federal health care offense or a Federal offense involving the sexual exploitation or abuse of children, the Attorney General (or, in the case of an offense involving threats against the President and successors to the Presidency, or against former Presidents and certain other persons protected by the Secret Service, if the Secret Service Director determines that such threat is imminent, the Secretary) may issue in writing and cause to be served a subpoena requiring the production of any records or other things relevant to the investigation and testimony by the custodian of the things required to be produced concerning the production and authenticity of those things.
Specifies that the production of records relating to a Federal health care offense shall not be required at any place more than 500 miles from the place where the subpoena for the production of such records is served, and that the production of things in any other case may be required from any place within the United States or subject to the laws or jurisdiction of the United States. Allows the person or entity summoned, at any time before the return date specified in the summons, to petition in U.S. district court for the district in which that person or entity does business or resides for an order modifying or setting aside the summons, or a prohibition of disclosure ordered by a court.
Authorizes a U.S. district court for the district in which the summons is or will be served, upon application of the United States, to issue an ex parte order that no person or entity disclose to any other person or entity (other than to an attorney to obtain legal advice) the existence of such summons for a 90-day period. Specifies that such order may be issued upon a showing that the things being sought may be relevant to the investigation and there is reason to believe that such disclosure may result in: (1) endangerment to the life or physical safety of any person; (2) flight to avoid prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) defeating any remedy or penalty provided for the violation of the laws of the United States.
Sets forth provisions regarding: (1) renewal for additional 90-day periods; and (2) penalties for violations. Prohibits such a summons from requiring the production of anything that would be protected from production under standards applicable to a subpoena duces tecum issued by a U.S. court. Directs the agency to which those records or things were delivered, if no case or proceeding arises from their production within a reasonable time, to return them (upon written demand) to that person, except where the production required only copies.
(Sec. 6) Directs the Attorney General to establish permanent Fugitive Apprehension Task Forces, consisting of Federal, State, and local law enforcement authorities, to locate and apprehend fugitives. Authorizes appropriations.
(Sec. 7) Requires the: (1) Attorney General to study and report to the Senate and House Judiciary Committees on the use of subpoena power by executive agencies or entities; and (2) Attorney General and Secretary to report to such committees on the number of subpoenas issued and the Federal agency or component issuing the subpoena.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superstorm Sandy Unemployment Relief
Act of 2013''.
SEC. 2. EXTENSION OF DISASTER UNEMPLOYMENT BENEFIT PERIOD.
(a) In General.--Notwithstanding the maximum time period for
assistance established under section 410(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)), in
the case of an individual who is eligible to receive unemployment
assistance under that section 410(a) as a result of a disaster
declaration made by reason of Hurricane Sandy after October 20, 2012,
the President shall make such assistance available for 39 weeks after
the date of the disaster declaration.
(b) References.--References in this Act to ``Hurricane Sandy''
shall be deemed to include Tropical Storm Sandy, occurring in the Fall
of 2012.
SEC. 3. ASSISTANCE TO STATES.
(a) Payments to States.--
(1) In general.--Payments shall be made to a State in an
amount equal to 100 percent of the amount of unemployment
compensation paid under the provisions of the State law to
affected individuals in each State in which a major disaster
was declared with respect to that State or any area within that
State under the Robert T. Stafford Disaster Assistance Relief
and Emergency Assistance Act by reason of Hurricane Sandy in
2012.
(2) Funding and transfer of funds.--
(A) Funding.--There are appropriated, out of moneys
in the Treasury not otherwise obligated, such sums as
may be necessary for purposes of carrying out this
section, and such sums shall not be required to be
repaid.
(B) Transfers.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall transfer
from the General Fund of the Treasury to--
(i) the extended unemployment compensation
account (as established by section 905 of the
Social Security Act (42 U.S.C. 1105)) such sums
as the Secretary of Labor estimates to be
necessary to make payments to States for the
unemployment compensation identified in
paragraph (1); and
(ii) the employment security administration
account (as established by section 901 of the
Social Security Act (42 U.S.C. 1101)) such sums
as the Secretary of Labor estimates to be
necessary for purposes of assisting States in
meeting the costs of administering this
section.
(3) Terms of payments.--Payments made to a State under this
section shall be made by way of advance or reimbursement.
(4) Limitations on payments.--No payments shall be made to
a State under this section for unemployment compensation paid
by the State to an affected individual, if the State is
advanced or reimbursed for the costs of such unemployment
compensation under other provisions of Federal law.
(b) Applicability.--Payments to a State under subsection (a) shall
be available for unemployment compensation payable with respect to
weeks of unemployment--
(1) beginning on or after October 28, 2012; and
(2) ending on or before July 28, 2013.
(c) Definitions.--In this section, the following definitions shall
apply:
(1) State; state law.--The terms ``State'' and ``State
law'' have the meanings given those terms in section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970
(26 U.S.C. 3304 note).
(2) Affected individual.--The term ``affected individual''
means an individual eligible for unemployment compensation
under State law, whose unemployment is a direct result (as
described in section 625.5(c) of title 20, Code of Federal
Regulations) of the major disaster that was declared with
respect to that State or any area within that State under the
Robert T. Stafford Disaster Assistance Relief and Emergency
Assistance Act by reason of Hurricane Sandy in 2012.
(d) Sense of the Senate.--It is the sense of the Senate that--
(1) upon receiving a reimbursement or advance under this
section, a State should, if State law allows--
(A) reverse or waive any charges to employer
accounts related to unemployment compensation paid to
affected individuals for which the reimbursement or
advance is provided; or
(B) in the case of a State or local governmental
entity, non-profit organization, Indian tribe, or other
employer, which elected to reimburse the State for
unemployment compensation paid to affected individuals
in lieu of paying taxes based on charges to its
employer account, reimburse such employer for such
costs; and
(2) in the case of an affected individual in a State who,
in relation to their initial week of unemployment during the
applicable period under subsection (b), received a waiting
period credit instead of an unemployment compensation payment--
(A) the State, if State law allows, should provide
for retroactive payment of unemployment compensation
for such week; and
(B) the State may receive reimbursement under this
section for such retroactive payment.
SEC. 4. REGULATIONS.
The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this Act.
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Superstorm Sandy Unemployment Relief Act of 2013 - Directs the President, in the case of an individual eligible to receive unemployment assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of the disaster declaration made for Hurricane Sandy after October 20, 2012, to make such assistance available for 39 weeks after the date of the declaration (currently limited to 26 weeks). Requires the payments to a state to equal 100% of the amount of unemployment compensation (UC) paid under state law to affected individuals in each affected state or any area within it. Makes payments available until July 28, 2013. Makes appropriations necessary to carry out this Act. Expresses the sense of the Senate that upon receiving a reimbursement or advance under this Act, a state should, if its law allows: reverse or waive any charges to employer accounts related to UC paid to affected individuals for which the reimbursement or advance is provided; or reimburse for such costs any state or local governmental entity, non-profit organization, Indian tribe, or other employer which elected to reimburse the state for UC paid to affected individuals in lieu of paying taxes based on charges to its employer account; and provide for retroactive payment of UC to affected individuals who received a waiting period credit instead of an UC payment in relation to their initial week of unemployment. Allows the state to receive reimbursement under this Act for any such retroactive payment.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salmon Solutions and Planning Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares the following:
(1) Certain species of wild salmon and steelhead in the
Columbia and Snake River Basin are on the brink of extinction
as a consequence of various factors, including the construction
and operation of hydroelectric projects, harvest management
practices, habitat degradation, altered in-stream flow regimes,
and unsound hatchery practices.
(2) These salmon and steelhead have major economic,
ecological, educational, recreational, scientific, cultural,
and spiritual significance to the Nation and its people.
(3) Thirteen salmon and steelhead species in the Columbia
and Snake River Basin are listed for protection under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(4) The Federal Government, including Bonneville Power
Administration's ratepayers in the Pacific Northwest, has spent
more than $8,000,000,000 on salmon recovery efforts in the
Columbia and Snake River Basin to date.
(5) Salmon and steelhead are symbols of the Pacific
Northwest, support thousands of jobs in coastal and inland
communities, and serve as an indicator of the health of
Northern California, Nevada, Alaska, and Pacific Northwest
river ecosystems.
(6) Salmon and steelhead of the Snake River are a vital
economic resource to communities in Alaska, Washington, Oregon,
Idaho, and California. Restoring Snake River salmon to healthy,
self-sustaining, harvestable levels will have significant
economic benefits for these communities as well as communities
in Nevada where these fish once returned.
(7) The original range of Snake River salmon included not
only their existing habitat in central Idaho, northeast Oregon,
southeast Washington, the mid- and lower Columbia River, and
the coastal waters of Alaska, California, Oregon, and
Washington, but also habitat in the upper Columbia River and
the upper Snake River Basin, including southern Idaho,
southeast Oregon, and northern Nevada.
(8) The United States Government has signed treaties with
Indian tribes in Oregon, Washington, Montana, and Idaho and
with the Government of Canada creating a legally enforceable
trust responsibility to restore salmon populations to
sustainable, harvestable levels.
(9) Since the construction of 4 Federal dams on the lower
Snake River in Washington, salmon and steelhead populations in
the Snake River have significantly declined, and all salmon and
steelhead populations in the Snake River are either already
extinct or listed as endangered species or threatened species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(10) Recent studies indicate that the window of time to
protect and restore Snake River salmon and steelhead is short,
with scientists estimating that, if changes do not occur,
several of the remaining Snake River salmon populations could
be extinct within the next 20 years.
(11) A federally funded group of State, tribal, Federal,
and independent scientists found that removing the 4 lower
Snake River dams in Washington is the surest way to protect and
recover Snake River salmon and steelhead. Similar conclusions
have been reached in studies by the Army Corps of Engineers and
the Department of Commerce. At the same time, it is well
understood that removing these dams is not a ``silver bullet''
for the recovery of all salmon and steelhead populations in the
Columbia and Snake River Basin and other actions are also
necessary to further protect and restore these fish.
(12) Removal of the 4 lower Snake River dams would affect
electricity generation, freight shipping, and water supply
systems, and these benefits must be replaced through other
means in order to protect local communities, farms, and the
regional energy supply system.
(13) The 4 lower Snake River dams currently produce
renewable electricity. Studies have found that the Northwest
has ample additional existing and potential clean renewable
energy sources to cost-effectively replace the power produced
by these dams in a manner that is compatible with broader
efforts to reduce regional greenhouse gas emissions.
(14) In the event that the 4 lower Snake River dams are
removed, their energy benefits should be replaced with cost-
effective, clean renewable sources, as well as energy
efficiency and conservation.
(15) The removal of the 4 lower Snake River dams would
bring opportunities to inland Northwest communities by opening
up 140 miles of free-flowing river, and providing needed
resources for more effective and efficient freight
transportation systems.
(16) A Federal court has found that the 4 lower Snake River
dams violate water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(17) A significant amount of sediment has built up behind
Lower Granite Dam, posing a flood risk to the city of Lewiston,
Idaho, which now sits below the height of the lower Snake
River. A study by the Army Corps of Engineers found that nearly
$2,000,000,000 worth of buildings and infrastructure sit in the
Clarkston/Lewiston area floodplain where they face a growing
threat of major damage from levee breaching. The same Corps
study estimates that the costs of river-dredging and levee-
raising needed to protect these areas could cost taxpayers
hundreds of millions of dollars.
(18) Global warming is already having and will continue to
have detrimental effects on Pacific salmon populations. Snake
River salmon may be key to maintaining and rebuilding salmon
populations throughout the Columbia and Snake River Basin, as
their high-elevation spawning grounds are the most likely to
remain viable in the face of warming temperatures; thus, taking
action now to protect these salmon is vitally important.
(19) The Northwest Power and Conservation Council
commissioned a report in 2000 that concluded that removing the
4 lower Snake River dams is a more cost-effective way to
restore wild salmon and steelhead populations to the Columbia
and Snake River Basin than strategies that do not include dam
removal.
(20) Three of the last four biological opinions regarding
the Columbia and Snake River Federal hydrosystem have been
found illegal by Federal courts.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the protection and recovery of wild Columbia
and Snake River salmon and steelhead to self-sustaining,
harvestable levels, while providing for reliable, reasonably
priced, and clean renewable energy in the Northwest, a reliable
and affordable freight transportation system, and an
economically sustainable salmon recovery program, and to
maximize the economic benefits from potential dam removal while
mitigating for its impacts; and
(2) to ensure that the Northwest and the Nation have
completed the necessary planning and evaluation to efficiently
manage salmon recovery by implementing biologically effective
measures and responding rapidly if and when major new actions
are determined to be necessary to protect and recover salmon
and steelhead in the Columbia and Snake River Basin.
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY EFFORTS.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Commerce shall enter into an
arrangement with the National Academy of Sciences providing for
scientific analysis of Federal salmon recovery efforts and submission
of a report on the results of the analysis in accordance with
subsection (c).
(b) Contents.--For purposes of this section, scientific analysis
shall include, at a minimum, a review of Snake River dam removal and
other actions that may be necessary to achieve recovery of salmon and
steelhead populations of the Columbia and Snake River Basin listed
under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)).
(c) Report.--Not later than 12 months after the date of enactment
of this Act, the National Academy of Sciences shall submit to the
Secretary of Commerce, the Secretary of the Army, the Secretary of the
Interior, the Administrator of the Environmental Protection Agency, and
to Congress a report on the results of the scientific analysis
conducted under this section.
SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVEMENTS.
The Secretary of Transportation shall conduct a peer-reviewed
analysis of which rail, highway, and Columbia River barge
infrastructure improvements would be necessary to ensure a cost-
effective and efficient transportation system for agricultural and
other shippers who currently use barge transportation between Lewiston,
Idaho, and the confluence of the Snake and Columbia Rivers and would be
unable to do so if the 4 lower Snake River dams were removed. This
analysis shall include a review of cost increases, if any, of shipping
rates and options for addressing any such cost increases so as to
minimize the potential impact on shippers. This analysis shall
incorporate input and feedback from farmers and other shippers, the
Washington, Idaho, and Oregon State Departments of Transportation, and
other relevant stakeholders in the agricultural, business, and public
interest communities, and any suggestions or decisions arrived at
through consensus deliberations of the same or similar participants.
This analysis shall be completed and a report thereon submitted to
Congress within 12 months after the date of the enactment of this Act.
SEC. 5. STUDY OF ENERGY REPLACEMENT.
The Secretary of Energy, in consultation with the White House
Office of Energy and Climate Change, shall conduct a peer-reviewed
analysis of what energy replacement options exist to replace the power
currently generated by the 4 lower Snake River dams in the event the
dams are removed. The analysis shall include a review of existing,
planned, and potential clean renewable energy resources, in addition to
energy efficiency, energy conservation, and combined heat and power
projects. This analysis shall be completed and a report thereon
submitted to Congress within 12 months after the date of enactment of
this Act.
SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVITALIZATION.
The Army Corps of Engineers, in consultation with relevant State
and local governments and interested parties, shall conduct an analysis
of what riverfront revitalization and restoration opportunities would
exist in the event of the removal of the 4 lower Snake River dams and
what costs would be incurred to implement such revitalization and
restoration measures. This work shall focus on riverfront
revitalization for Lewiston, Idaho, and Clarkston, Washington, but may
include other impacted communities along the 140 miles of the lower
Snake River. This analysis shall be completed and a report thereon
submitted to Congress within 12 months after the date of the enactment
of this Act, shall include determination of engineering options and
costs, and shall be peer-reviewed generally in accordance with section
2034 of Public Law 110-114 to determine the accuracy of the preferred
engineering options and costs determined by the Army Corps of
Engineers.
SEC. 7. STUDY OF IRRIGATION PROTECTIONS.
The Secretary of the Interior, acting through the Bureau of
Reclamation, shall conduct a peer-reviewed analysis of the options and
costs regarding any needed modifications to affected irrigation
systems, cooling systems, and private wells if the 4 lower Snake River
dams were removed. This analysis shall be completed and a report
thereon submitted to Congress within 12 months after the date of the
enactment of this Act.
SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOVERY.
(a) Dam Removal Authorization.--Congress hereby determines that the
Secretary of the Army may remove the four lower Snake River dams.
(b) Review and Update of Feasibility Study.--The Secretary of the
Army shall re-evaluate and update the U.S. Army Corps of Engineers'
Final Lower Snake River Juvenile Salmon Migration Feasibility Report/
Environmental Impact Statement (February 2002) pursuant to new
information. The updated feasibility study shall incorporate and
address, at a minimum, the following:
(1) Current and expected future climate change impacts on
Columbia and Snake River salmon and steelhead populations and
their habitat.
(2) Replacement of the 4 lower Snake River dams' average
energy output (not nameplate capacity) with clean renewable
energy resources, including energy efficiency and conservation.
(3) Options for keeping currently irrigated acreage intact
and under irrigation in a dam removal scenario.
(4) Costs associated with Lower Granite Dam reservoir
sediment/flood risk mitigation in a non-dam-removal scenario.
(5) Passive Use Values associated with both dam removal and
non-dam-removal scenarios.
(6) Alternate methods for removing the 4 lower Snake River
dams in addition to the method analyzed in the 2002
environmental impact statement, including but not limited to
full dam removal and removing or notching the dams' concrete
portions.
(c) Completion; Report; Peer Review.--The Secretary of the Army
shall--
(1) complete the re-evaluation and update and submit a
report thereon to Congress within 20 months after the date of
enactment of this Act;
(2) include in the report determination of engineering
options and costs; and
(3) shall submit the results of the re-evaluation and
update (including such determination of engineering options and
costs) to peer review generally in accordance with section 2034
of Public Law 110-114 to determine the accuracy of the
preferred engineering options and costs.
SEC. 9. DEFINITIONS.
In this Act, the following definitions apply:
(1) Clean renewable energy resources.--For the purposes of
this bill the term ``clean renewable energy resources'' means--
(A) incremental electricity produced as the result
of efficiency improvements to existing hydroelectric
generation projects, including in irrigation pipes and
canals, where the additional generation in either case
does not result in new water diversions or
impoundments;
(B) wind;
(C) solar energy;
(D) geothermal energy;
(E) landfill gas;
(F) wave, ocean, or tidal power;
(G) gas from sewage treatment facilities; and
(H) biomass energy based on animal waste, food
waste, yard waste, or solid organic fuels from wood,
forest, or field residues, or dedicated energy crops,
other than--
(i) wood pieces that have been treated with
chemical preservatives such as creosote,
pentachlorophenol, or copper-chrome-arsenic;
(ii) pulping liquor from paper production;
(iii) wood from old growth forests; or
(iv) municipal solid waste.
(2) Federal salmon recovery actions.--The term ``Federal
salmon recovery actions'' means Federal actions required to
protect, recover, and restore salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
(3) Lower snake river dams.--The term ``4 lower Snake River
dams'' means the following dams on the Snake River, Washington:
(A) The Ice Harbor dam.
(B) The Lower Monumental dam.
(C) The Little Goose dam.
(D) The Lower Granite dam.
(4) Peer review.--The term ``peer review'' has the meaning
that term has in section 2034 of Public Law 110-114.
(5) Populations.--The term ``populations'' means the 13
evolutionarily significant units of salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
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Salmon Solutions and Planning Act - Directs the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences for scientific analysis of federal salmon recovery efforts, including a review of Snake River dam removal (Washington state) and other actions necessary to achieve recovery of endangered or threatened salmon and steelhead populations of the Columbia and Snake River Basin.
Directs: (1) the Secretary of Transportation (DOT) to conduct a peer-reviewed analysis of which rail, highway, and Columbia River barge infrastructure improvements would be necessary to ensure a cost-effective and efficient transportation system for shippers who currently use barge transportation between Lewiston, Idaho, and the confluence of the Snake and Columbia Rivers and who would be unable to do so if the four lower Snake River dams were removed; (2) the Secretary of Energy (DOE) to conduct a peer-reviewed analysis of options to replace the power currently generated by such dams if they were removed; (3) the Army Corps of Engineers to analyze riverfront revitalization and restoration opportunities and costs in the event of such removal; and (4) the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a peer-reviewed analysis of the options and costs regarding any needed modifications to affected irrigation systems, cooling systems, and private wells if the dams were removed.
Sets forth the congressional determination that the Secretary of the Army may remove the four lower Snake River dams.
Directs the Secretary to reevaluate and update the U.S. Army Corps of Engineers' Final Lower Snake River Juvenile Salmon Migration Feasibility Report/Environmental Impact Statement (February 2002) pursuant to new information.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Claims Act of 1993''.
SEC. 2. ADJUDICATION OF CLAIMS.
(a) The Foreign Claims Settlement Commission of the United States
(``the Commission'') is authorized to receive and determine the
validity and amounts of any claims referred to it by the Secretary of
State with respect to which the United States has received lump-sum
payments from the United Nations Compensation Commission (``the
UNCC'').
(b) The Commission is further authorized to receive and determine
the validity and amounts of any claims by nationals of the United
States against Iraq that are determined by the Secretary of State to be
outside the jurisdiction of the UNCC.
(c) In deciding such claims, the Commission shall apply, in the
following order--
(1) relevant decisions of the United Nations Security
Council and the UNCC (in the case of claims under subsection
(a));
(2) applicable substantive law, including international
law; and
(3) applicable principles of justice and equity.
(d) The Commission shall, to the extent practical, decide all
pending non-commercial claims of members of the armed forces and other
individuals arising out of Iraq's invasion and occupation of Kuwait
before deciding any other claim.
(e) Except as otherwise provided in this Act, the provisions of
titles I and VII of the International Claims Settlement Act of 1949 (22
U.S.C. 1621 et seq.) shall apply with respect to claims under this Act.
Any reference in such provisions to ``this title'' shall be deemed to
refer to those provisions and to this Act. Any reference in such
provisions to ``section 703'' shall be deemed to refer to section 2(b)
of this Act.
(f) In determining the amount of any claim adjudicated under this
Act, the Commission shall deduct all amounts the claimant has received
from any source on account of the same loss or losses.
SEC. 3. CLAIMS FUNDS.
(a) The Secretary of the Treasury is authorized to establish in the
Treasury of the United States one or more funds (``the UNCC Claims
Funds'') for payment of claims under section 2(a). The Secretary of the
Treasury shall cover into the UNCC Claims Funds such amounts as are
transferred to him by the Secretary of State pursuant to subsection
(e).
(b) The Secretary of the Treasury is further authorized to
establish in the Treasury of the United States a fund (``the Iraq
Claims Fund'') for payment of claims under section 2(b). The Secretary
of the Treasury shall cover into the Iraq Claims Fund such amounts as
are allocated by the President from assets of the Government of Iraq
liquidated pursuant to subsection (d).
(c) In accordance with section 8(g) of the International Claims
Settlement Act of 1949 (22 U.S.C. 1627(g)), the funds established
pursuant to sections 3(a) and 3(b) shall be invested in public debt
securities and shall bear interest at rates determined by the Secretary
of the Treasury taking into consideration the current average market
yield on outstanding marketable obligations of the United States of
comparable maturity.
(d) 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(b), as well as claims of the United States Government
against Iraq which are determined by the Secretary of State to be
outside the jurisdiction of the UNCC. The President shall allocate
these funds in the manner he determines appropriate between the Iraq
Claims Fund and such other accounts as are appropriate for the payment
of claims of the United States Government.
(e) The Secretary of State shall allocate funds received by the
United States from the UNCC in the manner he determines appropriate
between the UNCC Claims Funds and funds established under the authority
of section 2668a of title 22 of the United States Code.
SEC. 4. PROGRAM ADMINISTRATION SELF-SUFFICIENCY.
Notwithstanding any other provision of law, the Secretary of the
Treasury shall deduct an amount equal to 1\1/2\ per centum from any
amount covered into the claims funds established under section 3, and
from any amounts the Secretary of State receives from the UNCC which
are not covered into a claims fund established under section 3 and not
in payment of a claim of the United States Government, to reimburse the
agencies of the Government of the United States for their expenses in
administering the Iraq claims program and this Act. The Secretary of
the Treasury, in consultation with the Chairman of the Foreign Claims
Settlement Commission and the Secretary of State, shall determine the
proportional distribution of the reimbursement set-aside, and shall
advance for credit or reimburse a department, agency, or
instrumentality of the Federal Government for its respective expenses
in administering the Iraq claims program and this Act. Amounts received
by such department, agency or instrumentality shall be credited or
reimbursed to the appropriation account then current and shall remain
available for expenditure without fiscal year limitation.
SEC. 5. PAYMENTS.
(a) The Commission shall certify to the Secretary of the Treasury
each award made pursuant to section 2. The Secretary of the Treasury
shall make payment in the following order of priority out of the
appropriate fund provided for in section 3--
(1) payment in the amount of $10,000 or the principal
amount of the award, whichever is less;
(2) when the Secretary of the Treasury has determined that
funds are available to pay each claim having priority under
section 2(d) an additional $90,000, payment of a further
$90,000 of the principal of the awards that have priority under
section 2(d);
(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 appropriate 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; and
(5) after payment has been made in full of all the awards
payable out of any of the claims funds established by section
3, any funds remaining in that claims fund shall be transferred
to the other claims fund created by that section, except any
funds received by the United States from the UNCC shall be so
transferred to the extent not inconsistent with UNCC
requirements.
(b) 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. 6. RECORDS.
(a) The Secretary of State and the Secretary of the Treasury may
transfer or otherwise make available to the Commission such records and
documents relating to claims authorized by this Act as may be required
by the Commission in carrying out its functions under this Act.
(b) Notwithstanding section 552 of title 5 of the United States
Code (commonly referred to as the Freedom of Information Act), records
pertaining to claims before the Commission and the UNCC may not be
disclosed to the general public, except that--
(1) decisions of the UNCC and filings of the United States
on its own behalf of the UNCC shall be made available to the
public, unless the Secretary of State determines that public
disclosure would be prejudicial to the interests of the United
States or United States claimants, or that public disclosure
would be inconsistent with the procedures of the UNCC;
(2) with respect to records of the Department of State, the
Secretary of State may determine on a case-by-case basis to
make such information available when in the judgment of the
Secretary the interests of justice so require;
(3) with respect to records of the Department of the
Treasury, the Secretary of the Treasury may determine on a
case-by-case basis to make such information available when in
the judgment of the Secretary the interests of justice so
require; and
(4) with respect to records of the Commission, the Chairman
of the Commission may determine on a case-by-case basis to make
such information available when in the judgment of the Chairman
the interests of justice so require. Before releasing records
that originated with another Executive Branch agency (as
defined in section 105 of title 5 of the United States Code),
the Commission shall obtain the concurrence of the originating
agency.
SEC. 7. SEVERABILITY.
If any provision of this Act or the application thereof to any
person or circumstances shall be held invalid, the remainder of the Act
or the application of such provision to other persons or circumstances
shall not be affected.
SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNPAID CERTIFIED CLAIMS.
(a) Nine years after the Secretary of the Treasury last covers
funds into the UNCC Claims Fund(s) or the Iraq Claims Fund established
under section 3 of this Act, the Secretary of the Treasury shall
publish a notice in the Federal Register detailing this statute of
limitations and identifying the claim numbers and awardee names of
unpaid certified claims. Any demand or claim for payment on account of
an award certified under the Iraq claims program shall be barred one
year after the publication date of the notice required by this
subsection.
(b) Two years after the publication date of the notice required by
subsection (a), any unpaid certified claim amount and any remaining
balance in the UNCC Claims Fund(s) or the Iraq Claims Fund established
under section 3 of this Act shall be deposited to the miscellaneous
receipts of the Treasury.
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Iraq Claims Act of 1993 - Authorizes the Foreign Claims Settlement Commission to receive and determine the validity and amounts of any claims: (1) with respect to which the United States has received lump-sum payments from the United Nations Compensation Commission (UNCC); and (2) of U.S. nationals against Iraq that are determined to be outside the UNCC's jurisdiction.
Requires the Commission, in deciding such claims, to apply, in the following order: (1) relevant decisions of the United Nations Security Council and the UNCC; (2) applicable substantive law; and (3) principles of justice and equity. Directs the Commission to decide all pending non-commercial claims of members of the armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait before deciding any other claim.
Applies titles I and VII of the International Claims Settlement Act of 1949 to claims under this Act.
Requires the Commission, in determining the amount of any claim adjudicated under this Act, to deduct amounts the claimant has received from any source on account of the same loss.
Authorizes the Secretary of the Treasury to establish in the Treasury: (1) UNCC Claims Funds composed of amounts transferred by the Secretary of State pursuant to this Act; and (2) the Iraq Claims Fund composed of amounts allocated by the President from liquidated assets of the Iraqi Government. Authorizes the President to vest and liquidate as much of the assets of the Iraqi Government in the United States that have been blocked pursuant to the International Emergency Economic Powers Act as necessary to satisfy claims of U.S. nationals or the U.S. Government that are outside the UNCC's jurisdiction.
Sets forth payment and recordkeeping requirements.
Requires the Secretary of the Treasury to publish a notice of the statute of limitations on unpaid certified claims nine years after covering amounts into the Funds.
Bars demands for payments on such claims one year after the publication of such notice.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Uniform
Food Safety Labeling Act''.
(b) Reference.--Except as otherwise specified, whenever in this Act
an amendment is expressed in terms of an amendment to a section or
other provision, the reference shall be considered to be made to that
section or other provision of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321 et seq.).
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title, reference, and table of contents.
Sec. 2. Labeling of raw or partially cooked foods and unpasteurized
juice.
Sec. 3. Sale and labeling of frozen fish and shellfish.
Sec. 4. Sale of raw eggs.
Sec. 5. Statement of origin.
Sec. 6. Freshness date.
Sec. 7. Food labeled as natural.
Sec. 8. Labeling of kosher and kosher-style foods.
Sec. 9. Unit pricing.
Sec. 10. Grades for farm products.
Sec. 11. Regulations.
SEC. 2. LABELING OF RAW OR PARTIALLY COOKED FOODS AND UNPASTEURIZED
JUICE.
Section 403 (21 U.S.C. 343) is amended by adding at the end the
following:
``(t)(1) Unless the label or labeling of raw or partially cooked
eggs, fish, milk, dairy products, shellfish, or unpasteurized juice
offered in a ready-to-eat form as a deli, vended, or other item, or the
label or labeling of a ready-to-eat food containing as an ingredient
raw or partially cooked eggs, fish, milk, dairy products, shellfish, or
unpasteurized juice, discloses the increased risk associated with
eating such food in raw or partially cooked form.
``(2) Eggs, fish, milk, dairy products, and shellfish routinely
served raw or partially cooked, unpasteurized juice, and ready-to-eat
foods containing such raw or partially cooked foods or unpasteurized
juice as ingredients shall bear the following: This food contains raw
or partially cooked eggs, fish, shellfish, or unpasteurized juice.
Children, the elderly, pregnant women, or persons with weakened immune
systems may experience severe foodborne illness from eating this item.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 3. SALE AND LABELING OF FROZEN FISH AND SHELLFISH.
Section 403 (21 U.S.C. 343), as amended by section 2, is amended by
adding at the end the following:
``(u)(1) Except as provided in subparagraph (2), if it is fish or
shellfish that has been frozen unless its label or labeling bears a
prominent and conspicuous statement indicating that such product has
been frozen.
``(2) This paragraph shall not apply to fish or shellfish that has
been frozen prior to being smoked, cured, cooked, or subjected to the
heat of commercial sterilization.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 4. SALE OF RAW EGGS.
Section 403 (21 U.S.C. 343), as amended by section 3, is amended by
adding at the end the following:
``(v)(1) If it is raw eggs, unless its label or labeling states
`Children, the elderly, pregnant women, or persons with weakened immune
systems may experience severe illness from eating raw or partially
cooked eggs.'
``(2) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 5. STATEMENT OF ORIGIN.
Section 403 (21 U.S.C. 343), as amended by section 4, is amended by
adding at the end the following:
``(w)(1) If it is a perishable agricultural commodity as defined in
section 1(b)(4) of the Perishable Agricultural Commodities Act of 1930
(7 U.S.C. 499a(b)(1)), unless it bears a label or labeling containing
the country of origin of the perishable agricultural commodity.
``(2) If it is a product derived from a perishable agricultural
commodity, including juice, frozen juice concentrate, fruit butter,
preserves and jams, or canned or frozen fruits or vegetables, unless it
bears a label or labeling containing the country of origin of the
perishable agricultural commodity and the product derived from it.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 6. FRESHNESS DATE.
Section 403 (21 U.S.C. 343), as amended by section 5, is amended by
adding at the end the following:
``(x)(1) Unless its label or labeling bears the date upon which the
food should no longer be sold because of diminution of quality,
nutrient availability, or safety. The freshness date shall be stated in
terms of the day and month of the year if the food will not be fresh
after 3 months on the shelf, or in terms of the month and year if the
product will be fresh for more than 3 months on the shelf. The phrase
`use by' shall precede the date.
``(2) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
means of disclosing the freshness date.''.
SEC. 7. FOOD LABELED AS NATURAL.
Section 403 (21 U.S.C. 343), as amended by section 6, is amended by
adding at the end the following:
``(y)(1) If its label or labeling bears the word `natural',
unless--
``(A) it contains no artificial flavoring, color additive,
chemical preservative, or any other artificial or synthetic
ingredient added after harvesting; and
``(B) it has undergone no processing other than minimal
processing, such as the removal of inedible substances or the
application of physical processes such as cutting, grinding,
drying, homogenizing, or pulping.
``(2) This paragraph shall not apply to the use of the terms
`natural flavors' and `natural colors' as approved by the Food and Drug
Administration.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation the
labeling requirements of this paragraph.''.
SEC. 8. LABELING OF KOSHER AND KOSHER-STYLE FOODS.
Section 403 (21 U.S.C. 343), as amended by section 7, is amended by
adding at the end the following:
``(z)(1) If it is falsely represented in the food's label or
labeling to be kosher, kosher for Passover, pareve, or as having been
prepared in accordance with orthodox Jewish religious standards either
by direct statements, orally or in writing, or by display of the word
`Kosher', `Kosher for Passover', or `Pareve'; or
``(2) if the food's label or labeling uses the term `Kosher' in
conjunction with the words `style' or `type' or any similar expression
which might reasonably be calculated to deceive a reasonable person to
believe that a representation is being made that the food sold is
kosher, kosher for Passover, pareve, or prepared in accordance with
orthodox Jewish religious standards.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation
provisions that implement this paragraph.''.
SEC. 9. UNIT PRICING.
(a) In General.--Section 403 (21 U.S.C. 343), as amended by section
8, is amended by adding at the end the following:
``(aa)(1) Unless its label or labeling bears the unit price and the
total price of the food as provided in this paragraph.
``(2) As used in this paragraph
``(A) The term `unit price' of food shall mean the price
per measure.
``(B) The term `price per measure' shall mean--
``(i) price per pound for food whose net quantity
is expressed in units of weight, except for such food
whose net weight is less than 1 ounce which shall be
expressed as price per ounce if the same unit of
measure is used for the same food in all sizes;
``(ii) price per pint or quart for food whose net
quantity is stated in fluid ounces, pints, quarts,
gallons, or a combination thereof, if the same unit of
measure is used for the same food in all sizes sold in
the retail establishment; and
``(iii) price per 100 for food whose net quantity
is expressed by count, except as otherwise provided by
regulation.
``(3) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation a
national program of pricing as prescribed by this paragraph.''.
SEC. 10. GRADES FOR FARM PRODUCTS.
Section 403 (21 U.S.C. 343), as amended by section 9, is amended by
adding at the end the following:
``(bb)(1) Unless it bears a grade, where grading is customary
within the industry.
``(2) The Secretary shall, in accordance with section 11 of the
National Uniform Food Safety Labeling Act, establish by regulation a
national program of grading for food which is customarily graded.''.
SEC. 11. REGULATIONS.
(a)(1) Within 12 months after the date of the enactment of this
Act, the Secretary of Health and Human Services shall issue proposed
regulations to implement paragraphs (t) and (bb) of section 403 of the
Federal Food, Drug, and Cosmetic Act. The proposed regulations shall
establish format requirements for the label statements mandated by such
sections. The required label statements shall appear in easily legible
boldface print or type, with upper and lower case letters, and in
distinct contrast to other printed or graphic matter. The label
statements shall appear in a type size not less than the largest type
found on the label, except that used for the brand name, product name,
logo, or universal product code, and in any case not less than the type
size required for the declaration of net quantity of contents statement
as prescribed by regulation printed in 21 C.F.R. 101.105(1). All
required label statements shall be placed on the information panel,
except for the statements required by paragraphs (w) and (aa) of such
section 403, which shall be placed on the principal display panel.
(2) Not later than 24 months after the date of enactment of this
Act, the Secretary shall issue final regulations to implement sections
403(z)-(y) of the Federal Food, Drug, and Cosmetic Act.
(b) If the Secretary does not promulgate final regulations under
subsection (a)(2) upon the expiration of 24 months after the date of
the enactment of this Act, the proposed regulation issued in accordance
with subsection (a)(1) shall be considered as the final regulations
upon the expiration of such 24 months. There shall be promptly
published in the Federal Register notice of the new status of the
proposed regulations.
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National Uniform Food Safety Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to deem food to be misbranded unless certain labeling information is provided concerning: (1) raw or partially cooked eggs, fish and shellfish, dairy products, or unpasteurized juice in ready-to-eat form; (2) frozen fish and shellfish other than smoked, cured, cooked, or commercially sterilized; (3) raw eggs; (4) country of origin for perishable agricultural commodities or derived products ; (5) freshness dates; (6) food labeled as natural; (7) kosher and kosher-style foods; (8) unit pricing; and (9) grades (where customary) for farm products.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Public Diplomacy through
International Travel Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has experienced a 17 percent decline
in overseas visitors since September 11, 2001.
(2) Business travel to the United States fell 10 percent
from 2004 to 2005 while Europe witnessed an 8 percent increase
over this same time period.
(3) The United States market share of international travel
has declined from 7.5 percent before September 11, 2001, to
about 6 percent in 2007.
(4) The economic impact of declining United States market
share has resulted in 60 million fewer travelers, 194,000 lost
jobs, $94 billion in lost spending, and $15.6 billion in lost
tax receipts.
(5) While in 2007 the United States will spend less than $4
million on international travel promotion, currently Greece
spends $151 million, Mexico spends $149 million, Australia
spends $113 million, the United Kingdom spends $80 million, and
Canada spends $60 million.
(6) In a recent survey by the Discover America Partnership,
international travelers ranked the United States as having the
``world's worst'' entry process, and 66 percent of travelers in
the survey feared that a simple mistake could lead to being
detained for hours or worse.
(7) The perception around the world is that the United
States does not welcome international visitors, but that
perception could be changed by adopting an international travel
promotion program.
(8) An international travel promotion program can expect a
6:1 return on investment.
(9) An international travel promotion program can be an
effective tool to enhance the United States public diplomacy
efforts.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) In General.--In order to enhance diplomatic relations with
foreign countries and promote domestic business interests abroad, the
Secretary of State (in this Act referred to as the ``Secretary''),
acting through the Under Secretary of State for Public Diplomacy and
Public Affairs, shall establish a competitive grant program to promote
international travel to the United States in foreign countries.
(b) Range of Grant Monetary Amounts.--No grant shall be less than
$150,000 or more than $1,000,000.
(c) Use of Grant Funds.--
(1) In general.--A recipient of a grant under this Act
shall use the funds to develop a promotion program focused on
the overseas markets described in paragraph (2) to encourage
international travel to the United States and to effectively
communicate United States entry requirements, including
required documentation, fees, and processes.
(2) Phase-in of markets.--The promotion programs described
in paragraph (1) shall target, in each of the following fiscal
years that begin after the date of enactment of this Act, the
following markets:
(A) In the first fiscal year, Canada.
(B) In the second fiscal year, Canada and Mexico.
(C) In the third fiscal year, Canada, Mexico, and
the United Kingdom.
(D) In the fourth fiscal year, Canada, Mexico, the
United Kingdom, and Japan.
(E) In the fifth fiscal year, Canada, Mexico, the
United Kingdom, Japan, and Germany.
(d) Eligibility.--In order to be eligible to receive a grant under
this Act, an entity shall prepare and submit an application at such
time, in such form, and with such information and assurances as the
Under Secretary of State for Public Diplomacy and Public Affairs may
require, including a description of the populations and foreign
countries targeted by the promotion program, the marketing strategy,
how the entity intends to execute its promotion program, and the
expected return on investment.
(e) Matching Requirement.--
(1) In general.--As a condition of receipt of a grant under
this Act, the grant recipient shall provide (directly or
through donations from public or private entities) non-Federal
matching funds, which may include in-kind donations of goods
and services valued at their fair market rate, in an amount
equal to the amount of the grant.
(2) Special rule for in-kind donations.--Of the amount of
non-Federal matching funds required to be provided by each
grant recipient under paragraph (1), not more than 25 percent
shall be provided through in-kind donations of goods and
services.
(f) Reservations.--The Secretary shall reserve 20 percent of the
funds used to award grants under this Act for grants for promotion
programs for destinations that do not currently have the resources to
market themselves internationally.
(g) Reports.--Not later than 6 months after the end of each fiscal
year in which grants were awarded by the Secretary under this Act, the
Secretary shall submit a report to Congress on--
(1) whether the promotion programs increased the number of
international travelers from the targeted countries;
(2) the return on investment analysis of the grant program;
and
(3) recommendations for changes in law necessary to improve
communication about United States entry requirements, including
required documentation, fees, and processes.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $10,000,000
for grants under this Act for each of the first 5 fiscal years that
begin after the date of enactment of this Act.
(b) Carry Over.--Amounts appropriated pursuant to the authorization
of appropriations under subsection (a) shall remain available until
expended.
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Improving Public Diplomacy through International Travel Act - Directs the Secretary of State to enhance diplomatic relations with foreign countries and promote domestic business interests abroad by establishing a grant program to promote international travel to the United States.
Directs a grant recipient to develop a promotion program to encourage international travel to the United States and to effectively communicate U.S. entry requirements, including required documentation, fees, and processes.
Sets forth the following market phase-ins: (1) year one, Canada; (2) year two, Canada and Mexico; (3) year three, Canada, Mexico, and the United Kingdom; (4) year four, Canada, Mexico, the United Kingdom, and Japan; and (5) year five, Canada, Mexico, the United Kingdom, Japan, and Germany.
Reserves 20% of grant funds for promotion programs for destinations that lack the resources to market themselves internationally.
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Create a summary of the following text: SECTION 1. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
``(a) Discontinuance of Regulation by the Commission.--
Notwithstanding sections 4(e) and 23(b), the Commission shall
discontinue exercising licensing and regulatory authority under this
Part over qualifying project works in the State of Alaska, effective on
the date on which the Commission certifies that the State of Alaska has
in place a regulatory program for water-power development that--
``(1) protects the public interest, the purposes listed in
paragraph (2), and the environment to the same extent provided
by licensing and regulation by the Commission under this Part
and other applicable Federal laws, including the Endangered
Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.);
``(2) gives equal consideration to the purposes of--
``(A) energy conservation;
``(B) the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related
spawning grounds and habitat);
``(C) the protection of recreational opportunities,
``(D) the preservation of other aspects of
environmental quality,
``(E) the interests of Alaska Natives, and
``(F) other beneficial public uses, including
irrigation, flood control, water supply, and
navigation; and
``(3) requires, as a condition of a license for any project
works--
``(A) the construction, maintenance, and operation
by a licensee at its own expense of such lights and
signals as may be directed by the Secretary of the
Department in which the Coast Guard is operating, and
such fishways as may be prescribed by the Secretary of
the Interior or the Secretary of Commerce, as
appropriate;
``(B) the operation of any navigation facilities
which may be constructed as part of any project to be
controlled at all times by such reasonable rules and
regulations as may be made by the Secretary of the
Army; and
``(C) conditions for the protection, mitigation,
and enhancement of fish and wildlife based on
recommendations received pursuant to the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.) from
the National Marine Fisheries Service, the United
States Fish and Wildlife Service, and State fish and
wildlife agencies.
``(b) Definition of `Qualifying Project Works'.--For purposes of
this section, the term `qualifying project works' means project works--
``(1) that are not part of a project licensed under this
Part or exempted from licensing under this Part or section 405
of the Public Utility Regulatory Policies Act of 1978 prior to
the date of enactment of this section;
``(2) for which a preliminary permit, a license
application, or an application for an exemption from licensing
has not been accepted for filing by the Commission prior to the
date of enactment of subsection (c) (unless such application is
withdrawn at the election of the applicant);
``(3) that are part of a project that has a power
production capacity of 5,000 kilowatts or less;
``(4) that are located entirely within the boundaries of
the State of Alaska; and
``(5) that are not located in whole or in part on any
Indian reservation, a conservation system unit (as defined in
section 102(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(4))), or segment of a river
designated for study for addition to the Wild and Scenic Rivers
System.
``(c) Election of State Licensing.--In the case of nonqualifying
project works that would be a qualifying project works but for the fact
that the project has been licensed (or exempted from licensing) by the
Commission prior to the enactment of this section, the licensee of such
project may in its discretion elect to make the project subject to
licensing and regulation by the State of Alaska under this section.
``(d) Project Works on Federal Lands.--With respect to projects
located in whole or in part on a reservation, a conservation system
unit, or the public lands, a State license or exemption from licensing
shall be subject to--
``(1) the approval of the Secretary having jurisdiction
over such lands; and
``(2) such conditions as the Secretary may prescribe.
``(e) Consultation With Affected Agencies.--The Commission shall
consult with the Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Commerce before certifying the State
of Alaska's regulatory program.
``(f) Application of Federal Laws.--Nothing in this section shall
preempt the application of Federal environmental, natural resources, or
cultural resources protection laws according to their terms.
``(g) Oversight by the Commission.--The State of Alaska shall
notify the Commission not later than 30 days after making any
significant modification to its regulatory program. The Commission
shall periodically review the State's program to ensure compliance with
the provisions of this section.
``(h) Resumption of Commission Authority.--Notwithstanding
subsection (a), the Commission shall reassert its licensing and
regulatory authority under this Part if the Commission finds that the
State of Alaska has not complied with one or more of the requirements
of this section.
``(i) Determination by the Commission.--
``(1) Upon application by the Governor of the State of
Alaska, the Commission shall within 30 days commence a review
of the State of Alaska's regulatory program for water-power
development to determine whether it complies with the
requirements of subsection (a).
``(2) The Commission's review required by paragraph (1)
shall be completed within one year of initiation, and the
Commission shall within 30 days thereafter issue a final order
determining whether or not the State of Alaska's regulatory
program for water-power development complies with the
requirements of subsection (a).
``(3) If the Commission fails to issue a final order in
accordance with paragraph (2), the State of Alaska's regulatory
program for water-power development shall be deemed to be in
compliance with subsection (a).''.
Passed the Senate March 25, 1999.
Attest:
GARY SISCO,
Secretary.
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Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to discontinue its licensing and regulatory authority over certain new, small (power production capacity of 5,000 kilowatts or less) qualifying hydroelectric project works in Alaska effective upon FERC certification that Alaska has a regulatory program in place for water-power development that: (1) protects certain public and environmental interests to the same extent provided by FERC and specified Federal law; (2) gives equal consideration to energy conservation, fish and wildlife protection, recreational opportunities, environmental quality, the interests of Alaska Natives, and beneficial public uses; and (3) has licensing requirements for construction, operation and maintenance of lights, signals, and fishways by a licensee at its own expense, operation of navigation facilities subject to Secretary of the Army regulations, and fish and wildlife protection and enhancement based upon Federal and State agency recommendations.
Authorizes the licensee of a project works licensed before enactment of this Act to elect to subject such works to licensing and regulation by Alaska in accordance with this Act.
Declares that, with respect to project works on an Indian reservation, a conservation system unit, or Federal public lands, a State license or exemption from license shall be subject to the approval of the Secretary having jurisdiction over such lands, and such conditions as the Secretary may prescribe.
Requires FERC to consult with the Secretaries of the Interior, of Agriculture, and of Commerce before certifying Alaska's regulatory program.
Requires the State of Alaska to notify FERC within 30 days after making any significant modification to its regulatory program. Requires FERC to reassert its regulatory and licensing authority if Alaska has not complied with one or more requirements of this Act. Prescribes FERC compliance review procedures.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentives to Educate American
Children Act of 2011'' or the ``I Teach Act of 2011''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) As a result of retirements and decreasing retention of
beginning teachers, classrooms are filled with less experienced
teachers. The most common number of years of teaching
experience for public school teachers has decreased from 15
years experience in 1987-1988 to just 1 year teaching
experience in the most recent data for 2007-2008. Students
deserve teachers with more experience and training.
(2) Recent research confirms that additional years of
teaching experience at the same grade level (up to 20 years)
add a direct positive impact on student achievement.
(3) The most recent data (2007-2008) from the National
Center for Education Statistics find 32 percent of America's
public schools are in rural school districts, and the increased
transportation costs these school districts face mean they have
less money for instructional costs and salaries. Department of
Education data show that rural school districts have the lowest
base salaries for starting teachers and this continues as
teachers move to the top of the local salary range. Rural
schools face these challenges in all States.
(4) A 2009 study by the Education Trust reports that high
poverty high schools are twice as likely not to have teachers
certified in their fields than low poverty schools. The same
study found the percentage of first year teachers to be higher
in high poverty schools in cities, suburbs, and small towns.
Rural schools have first year teacher rates above the national
average regardless of poverty rate.
(5) The National Board for Professional Teaching Standards
was founded in 1987 as a follow up to the landmark 1983 report,
``A Nation at Risk'', by the Carnegie Task Force on Teaching.
The National Board for Professional Teaching Standards is an
independent, nonprofit, and nonpartisan organization the
mission of which is to establish high and rigorous standards
for what accomplished teachers should know and be able to do.
(6) Nearly 91,000 teachers from all 50 States and the
District of Columbia have completed certification by the
National Board for Professional Teaching Standards, where
certification is a rigorous assessment process for teachers.
(7) In 2008, the National Research Council (NRC) of the
National Academies affirmed that students taught by National
Board certified teachers make higher gains on achievement tests
than those taught by teachers who have not applied for or have
not achieved certification.
(8) A recent study by the Economic Policy Institute found
that public school teachers earn significantly less than other
college graduates. The study found teachers were paid on
average only 77 percent as much as other college graduates and
the disparity is growing.
(b) Purposes.--The purposes of this Act are as follows:
(1) To encourage teachers, through a refundable tax credit,
to work in public elementary and secondary schools located in
rural areas or schools with high poverty.
(2) To provide an additional tax credit to teachers who
achieve certification from the National Board for Professional
Teaching Standards in order to recruit and retain highly
qualified teachers in public elementary and secondary schools.
SEC. 3. REFUNDABLE TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY
AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL
AREAS AND CERTIFIED TEACHERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36C the following new section:
``SEC. 36D. TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND
SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS
AND CERTIFIED TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the applicable amount
for the eligible academic year ending during such taxable year.
``(b) Applicable Amount.--For purposes of this section--
``(1) Teachers in schools in rural areas or schools with
high poverty.--
``(A) In general.--In the case of an eligible
teacher who performs services in a public kindergarten
or a public elementary or secondary school described in
subparagraph (B) during the eligible academic year, the
applicable amount is $1,000.
``(B) School described.--A public kindergarten or a
public elementary or secondary school is described in
this subparagraph if--
``(i) at least 75 percent of the students
attending such kindergarten or school receive
free or reduced-cost lunches under the school
lunch program established under the Richard B.
Russell National School Lunch Act, or
``(ii) such kindergarten or school has a
School Locale Code of 41, 42, or 43, as
determined by the Secretary of Education.
``(2) Certified teachers.--In the case of an eligible
teacher who is certified by the National Board for Professional
Teaching Standards for the eligible academic year, the
applicable amount is $1,000.
``(3) Certified teachers in schools in rural areas or
schools with high poverty.--In the case of an eligible teacher
described in paragraphs (1) and (2), the applicable amount is
$2,000.
``(c) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means, for any eligible academic year, an individual
who is a kindergarten through grade 12 classroom teacher or instructor
in a public kindergarten or a public elementary or secondary school on
a full-time basis for such eligible academic year.
``(d) Additional Definitions.--For purposes of this section--
``(1) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 9101 of the Elementary and
Secondary Education Act of 1965.
``(2) Eligible academic year.--The term `eligible academic
year' means any academic year ending in a taxable year
beginning after December 31, 2011.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36D,'' after ``36C,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36C
the following new item:
``Sec. 36D. Tax credit for individuals teaching in elementary and
secondary schools located in high poverty
or rural areas and certified teachers.''.
(c) Effective Date.--The amendments made by this section shall
apply to academic years ending in taxable years beginning after
December 31, 2011.
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Incentives to Educate American Children Act of 2011 or the I Teach Act of 2011- Amends the Internal Revenue Code to permit a refundable tax credit of $1,000 for: (1) teachers in public elementary or secondary schools or public kindergartens in rural areas or areas with high poverty; and (2) teachers certified by the National Board for Professional Teaching Standards. Increases such credit to $2,000 for a teacher meeting both requirements.
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Make a summary of the following text: SECTION 1. FINDINGS.
Congress finds the following:
(1) It is in the interest of the United States to maximize
economic return from the growing trade in cruise ships sailings
to and from Alaska by encouraging the use of United States
berthing and repair facilities, labor, supplies, and other
services, as well as the growth of new enterprises such as the
carriage of passengers on luxury cruises between ports in
Alaska.
(2) In promoting additional economic benefits to the United
States from the cruise ship industry, there is a need to ensure
that existing employment and economic activity associated with
the Alaska Marine Highway System, United States-flag tour boats
operating from Alaska ports, and similar United States
enterprises are protected from adverse impacts.
(3) Cruise ship sailings to Alaska comprise a vital and
growing segment of the United States travel industry. Since
1989, the number of Alaska tourist arrivals via cruise ship has
grown by 86 percent. With over one-half million passengers per
year, Alaska has become the third most popular cruise
destination in the world, after the Caribbean and Europe.
(4) No United States-flag cruise ships are presently
available to enter the Alaska trade. Thus, all cruise ships
carrying passengers to and from Alaska destinations are
foreign-flag vessels which are precluded, under current law,
from carrying passengers between United States ports.
(5) The City of Vancouver, British Columbia receives
substantial economic benefit through providing services to
cruise ships in the Alaska trade. In 1995, Alaska sailings
accounted for 283 voyages, up from 275 in 1994, and for a total
of 595,577 passengers, up from 591,160. Past estimates of
Vancouver's gains from this industry included direct and
indirect employment of almost 2,500 people, and direct and
indirect payments for goods and services of approximately $120
million per year.
(6) The transfer of cruise ship-based economic activity
from Vancouver, British Columbia to United States ports could
yield additional Federal revenues of nearly $100 million per
year, and additional State and local government revenues of
approximately $30 million.
SEC. 2. FOREIGN FLAG CRUISE VESSELS.
(a) Waiver.--Notwithstanding provisions of section 8 of the Act of
June 19, 1886 (46 U.S.C. 289), or any other provision of law,
passengers may be transported in foreign-flag cruise vessels between
ports in Alaska and between ports in Alaska and other ports on the west
coast of the contiguous states, except as otherwise provided by this
section.
(b) Coastwise Trade.--Upon a showing satisfactory to the Secretary
of Transportation, by the owner or charterer of a United States cruise
vessel, that service aboard such vessel qualified to engage in the
coastwise trade is being offered or advertised pursuant to a
Certificate of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation (46 App. U.S.C. 817(e))
for service in the coastwise trade between ports in Alaska or between
ports in Alaska and other ports on the west coast of the contiguous
states, or both, the Secretary shall notify the owner or operator of
one or more foreign-flag cruise vessels transporting passengers under
authority of this section, if any, that he shall, within one year from
the date of notification, terminate such service. Coastwise privileges
granted to any owner or operator of a foreign-flag cruise vessel under
this section shall expire on the 365th day following receipt of the
Secretary's notification.
(c) Notification.--Notifications issued by the Secretary under
subsection (b) of this section shall be issued to the owners or
operators of foreign-flag cruise vessels--
(1) in the reverse of the order in which foreign-flag
cruise vessels entered the coastwise service under this section
determined by the date of the vessels' first coastwise sailing;
and
(2) in the minimum number as to ensure that the passenger-
carrying capacity thereby removed from coastwise service
exceeds the passenger-carrying capacity of the United States
cruise vessel which is entering the service.
(d) Termination.--If, at the expiration of the 365-day period
specified in subsection (b) of this section, the United States cruise
vessel that has offered or advertised service pursuant to a Certificate
of Financial Responsibility for Indemnification of Passengers for
Nonperformance of Transportation (46 App. U.S.C. 817(e)) has not
entered the coastwise passenger trade between ports in Alaska or
between ports in Alaska and other ports on the west coast of the
contiguous states, then the termination of service required by
subsection (b) shall not take effect until 90 days following the entry
into trade by the United States vessel.
(e) Definitions.--For the purposes of this section, the term--
(1) ``cruise vessel'' means a vessel of greater than 5,000
deadweight tons which provides a full range of luxury
accommodations, entertainment, dining and other services for
its passengers; and
(2)(A) ``foreign-flag cruise vessels'' does not apply to
vessels which regularly carry for hire both passengers and
vehicles or other cargo, or--
(B) which serve residents of their ports of call in Alaska
or other ports in the United States as a common or frequently
used means of transportation between United States ports.
(f) Disclaimer.--Nothing in this Act shall be construed as
affecting or otherwise modifying the authority contained in the Act of
June 30, 1961 (46 U.S.C. 289(b)) authorizing the transportation of
passengers and merchandise in Canadian vessels between ports in Alaska
and the United States.
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Authorizes passenger transportation in foreign-flag cruise vessels between Alaska ports, and between Alaska ports and those on the west coast of the contiguous States.
Prescribes procedural guidelines under which the Secretary of Transportation shall notify the owner or operator of one or more foreign-flag vessels that he shall terminate the authorization for the foreign-flag vessel to provide passenger transportation upon a showing by the owner or charterer of a U.S. cruise vessel that the U.S. vessel is offering such passenger service pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation.
States that coastwise privileges granted a foreign-flag cruise vessel under this Act shall expire on the 365th day following receipt of the Secretary's termination notification.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Secrecy Act of 1997''.
SEC. 2. PURPOSE.
It is the purpose of this Act to promote the effective protection
of classified information and the disclosure of information where there
is not a well-founded basis for protection or where the costs of
maintaining a secret outweigh the benefits.
SEC. 3. FINDINGS.
The Congress makes the following findings:
(1) The system for classifying and declassifying national
security information has been based in regulation, not in
statute, and has been governed by six successive Executive
orders since 1951.
(2) The Commission on Protecting and Reducing Government
Secrecy, established under Public Law 103-236, issued its
report on March 4, 1997 (S. Doc. 105-2), in which it
recommended reducing the volume of information classified and
strengthening the protection of classified information.
(3) The absence of a statutory framework has resulted in
unstable and inconsistent classification and declassification
policies, excessive costs, and inadequate implementation.
(4) The implementation of Executive orders will be even
more costly as more documents are prepared and used on
electronic systems.
(5) United States taxpayers incur substantial costs as
several million documents are classified each year. According
to figures submitted to the Information Security Oversight
Office and the Congress, the executive branch and private
industry together spent more than $5.2 billion in 1996 to
protect classified information.
(6) A statutory foundation for the classification and
declassification of information is likely to result in a more
stable and cost-effective set of policies and a more consistent
application of rules and procedures.
(7) Enactment of a statute would create an opportunity for
greater oversight by the Congress of executive branch
classification and declassification activities, without
impairing the responsibility of executive branch officials for
the day-to-day administration of the system.
SEC. 4. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) Classification For National Security Reasons.--The President
may, in accordance with this Act, protect from unauthorized disclosure
information in the possession and control of the executive branch when
there is a demonstrable need to do so in order to protect the national
security of the United States. The President shall ensure that the
amount of information classified is the minimum necessary to protect
the national security.
(b) Procedures for Classification and Declassification.--
(1) In general.--The President shall, to the extent
necessary, establish categories of information that may be
classified and procedures for classifying information under
subsection (a). The President shall, concurrently with the
establishment of such categories and procedures, establish, and
allocate resources for the implementation of, procedures for
declassifying information previously classified.
(2) Publication of categories and procedures.--
(A) The President shall publish notice in the
Federal Register of any categories and procedures
proposed to be established under paragraph (1) with
respect to both the classification and declassification
of information, and shall provide an opportunity for
interested agencies and other interested persons to
submit comments thereon. The President shall take into
account such comments before establishing the
categories and procedures, which shall also be
published in the Federal Register.
(B) The procedures set forth in subparagraph (A)
shall apply to any modifications in categories or
procedures established under paragraph (1).
(3) Agency standards and procedures.--The head of each
agency shall establish standards and procedures for classifying
and declassifying information created by that agency on the
basis of the categories and procedures established by the
President under paragraph (1). Each agency head, in
establishing and modifying standards and procedures under this
paragraph, shall follow the procedures required of the
President in paragraph (2) for establishing and modifying
categories and procedures under that paragraph.
(c) Considerations in Determining Classification and
Declassification.--
(1) In general.--In determining whether information should
be classified or declassified, the agency official making the
determination shall weigh the benefit from public disclosure of
the information against the need for initial or continued
protection of the information under the classification system.
If there is significant doubt as to whether information
requires such protection, it shall not be classified.
(2) Written justification.--
(A) Original classification.--The agency official
who makes the decision to classify information shall
identify himself or herself and shall provide in
writing a detailed justification for that decision.
(B) Derivative classification.--In any case in
which an agency official classifies a document on the
basis of information previously classified that is
included or referenced in the document, that agency
official shall identify himself or herself in that
document.
(d) Standards for Declassification.--
(1) Initial classification period.--Information may not
remain classified under this Act for longer than a 10-year
period unless the head of the agency that created the
information certifies to the President at the end of such
period that the information requires continued protection,
based on a current assessment of the risks of disclosing the
information, carried out in accordance with subsection (c)(1).
(2) Additional classification period.--Information not
declassified prior to or at the end of the 10-year period
referred to in paragraph (1) may not remain classified for more
than a 30-year period unless the head of the agency that
created the information certifies to the President at the end
of such 30-year period that continued protection of the
information from unauthorized disclosure is essential to the
national security of the United States or that demonstrable
harm to an individual will result from release of the
information.
(3) Declassification schedules.--All classified information
shall be subject to regular review pursuant to schedules each
agency head shall establish and publish in the Federal
Register. Each agency shall follow the schedule established by
the agency head in declassifying information created by that
agency.
(4) Assessment of existing classified information.--Each
agency official responsible for information which, before the
effective date of this Act--
(A) was determined to be kept protected from
unauthorized disclosure in the interest of national
security, and
(B) had been kept so protected for longer than the
10-year period referred to in paragraph (1),
shall, to the extent feasible, give priority to making
decisions with respect to declassifying that information as
soon as is practicable.
(e) Reports to Congress.--Not later than December 31 of each year,
the head of each agency that is responsible for the classification and
declassification of information shall submit to the Congress a report
that describes the application of the classification and
declassification standards and procedures of that agency during the
preceding fiscal year.
(f) Amendment to Freedom of Information Act.--Section 552(b)(1) of
title 5, United States Code, is amended to read as follows:
``(1)(A) specifically authorized to be classified under the
Government Secrecy Act of 1997, or specifically authorized,
before the effective date of that Act, under criteria
established by an Executive order to be kept secret in the
interest of national security (as defined by section 7(6) of
the Government Secrecy Act of 1997), and (B) are in fact
properly classified pursuant to that Act or Executive order;''.
SEC. 5. NATIONAL DECLASSIFICATION CENTER.
(a) Establishment.--The President shall establish, within an
existing agency, a National Declassification Center, the functions of
which shall be--
(1) to coordinate and oversee the declassification policies
and practices of the Federal Government; and
(2) to provide technical assistance to agencies in
implementing such policies and practices, in accordance with
this section.
(b) Functions.--
(1) Declassification of information.--The Center shall, at
the request of any agency and on a reimbursable basis,
declassify information within the possession of that agency
pursuant to the guidance of that agency on the basis of the
declassification standards and procedures established by that
agency under section 4, or if another agency created the
information, pursuant to the guidance of that other agency on
the basis of the declassification standards and procedures
established by that agency under section 4. In carrying out
this paragraph, the Center may use the services of officers or
employees or the resources of another agency, with the consent
of the head of that agency.
(2) Coordination of policies.--The Center shall coordinate
implementation by agencies of the declassification policies and
procedures established by the President under section 4 and
shall ensure that declassification of information occurs in an
efficient, cost-effective, and consistent manner among all
agencies that create or otherwise are in possession of
classified information.
(3) Disputes.--If disputes arise among agencies regarding
whether information should or should not be classified, or
between the Center and any agency regarding the Center's
functions under this section, the heads of the agencies
concerned or of the Center may refer the matter to the
President for resolution of the dispute.
(c) National Declassification Advisory Committee.--
(1) In general.--There is established a 12-member National
Declassification Advisory Committee. 4 members of the Advisory
Committee shall be appointed by the President and 2 members
each shall be appointed by the majority and minority leaders of
the Senate, the Speaker of the House of Representatives, and
the minority leader of the House of Representatives.
(2) Membership.--The members of the Advisory Committee
shall be appointed from among distinguished historians,
political scientists, archivists, other social scientists, and
other members of the public who have a demonstrable expertise
in declassification and the management of Government records.
No officer or employee of the United States Government shall be
appointed to the Advisory Committee.
(3) Duties.--The Advisory Committee shall provide advice to
the Center and make recommendations concerning declassification
priorities and activities.
(d) Annual Reports.--The Center shall submit to the President and
the Congress, not later than December 31 of each year, a report on its
activities during the preceding fiscal year, and on the implementation
of agency declassification practices and its efforts to coordinate
those practices.
SEC. 6. INFORMATION TO THE CONGRESS.
Nothing in this Act shall be construed to authorize the withholding
of information from the Congress.
SEC. 7. DEFINITIONS.
As used in this Act--
(1) the term ``Advisory Committee'' means the National
Declassification Advisory Committee established under section
5(c);
(2) the term ``agency'' means any executive agency as
defined in section 105 of title 5, United States Code, any
military department as defined in section 102 of such title,
and any other entity in the executive branch of the Government
that comes into the possession of classified information;
(3) the term ``Center'' means the National Declassification
Center established under section 5(a);
(4) the terms ``classify'', ``classified'', and
``classification'' refer to the process by which information is
determined to require protection from unauthorized disclosure
pursuant to this Act in order to protect the national security
of the United States;
(5) the terms ``declassify'', ``declassified'', and
``declassification'' refer to the process by which information
that has been classified is determined to no longer require
protection from unauthorized disclosure pursuant to this Act;
and
(6) the term ``national security of the United States''
means the national defense or foreign relations of the United
States.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act.
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Government Secrecy Act of 1997 - States that it is the purpose of this Act to promote the effective protection of classified information and the disclosure of information where there is not a well-founded basis for protection or where the costs of maintaining a secret outweigh the benefits.
(Sec. 4) Authorizes the President, in accordance with this Act, to protect from unauthorized disclosure, information in the possession and control of the executive branch, when there is a demonstrable need to do so in order to protect the national security of the United States. Directs the President to ensure that the amount of information classified is the minimum necessary to protect the national security.
Sets forth requirements for the establishment of standards and procedures for classifying and declassifying information. Requires each head of an agency that is responsible for the classification and declassification of information to submit to the Congress each year a report that describes the application of the classification and declassification standards and procedures of that agency during the preceding fiscal year.
(Sec. 5) Directs the President to establish within an existing agency a National Declassification Center to: (1) coordinate and oversee the declassification policies and practices of the Federal Government; and (2) provide technical assistance to agencies in implementing such policies and practices, in accordance with this Act. Establishes the National Declassification Advisory Committee to provide advice to the Center and make recommendations concerning declassification priorities and activities. Mandates annual reports by the Center to the President and the Congress on its activities during the preceding fiscal year, and on the implementation of agency declassification practices and its efforts to coordinate those practices.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Reduction Act of 2003''.
SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES.
(a) In General.--Subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax is
to be computed is:
Not over $10,000...............
14.4% of such amount.
Over $10,000 but not over
$20,000.
$1,440, plus 16% of the excess
of such amount over
$10,000
Over $20,000 but not over
$40,000.
$3,040, plus 17.6% of the
excess of such amount
over $20,000
Over $40,000 but not over
$60,000.
$6,560, plus 19.2% of the
excess of such amount
over $40,000
Over $60,000 but not over
$80,000.
$10,400, plus 20.8% of the
excess of such amount
over $60,000
Over $80,000 but not over
$100,000.
$14,560, plus 22.4% of the
excess of such amount
over $80,000
Over $100,000 but not over
$150,000.
$19,040, plus 24% of the excess
of such amount over
$100,000
Over $150,000 but not over
$250,000.
$31,040, plus 25.6% of the
excess of such amount
over $150,000
Over $250,000 but not over
$500,000.
$56,640, plus 27.2% of the
excess of such amount
over $250,000
Over $500,000 but not over
$750,000.
$124,640, plus 29.6% of the
excess of such amount
over $500,000
Over $750,000 but not over
$1,000,000.
$198,640, plus 31.2% of the
excess of such amount
over $750,000
Over $1,000,000 but not over
$1,250,000.
$276,640, plus 32.8% of the
excess of such amount
over $1,000,000
Over $1,250,000 but not over
$1,500,000.
$358,640, plus 34.4% of the
excess of such amount
over $1,250,000
Over $1,500,000 but not over
$2,000,000.
$444,640, plus 36% of the
excess of such amount
over $1,500,000
Over $2,000,000................
$624,640, plus 39.2% of the
excess of such amount
over $2,000,000''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after the date of the
enactment of this Act.
SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION;
INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) Increase in Unified Credit.--Subsection (c) of section 2010 of
the Internal Revenue Code of 1986 (relating to applicable credit
amount) is amended by striking all that follows ``were the applicable
exclusion amount'' and inserting ``. For purposes of the preceding
sentence, the applicable exclusion amount is $3,000,000.''
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2003, the $3,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $3,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.
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Estate Tax Reduction Act of 2003 - Amends the Internal Revenue Code to reduce estate taxes and increase the unified credit to $3 million, with an inflation adjustment.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Programs Amendments of
1996''.
SEC. 2. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE-
CONNECTED.
Section 1112(c)(2) of title 38, United States Code, is amended by
adding at the end the following new subparagraph:
``(P) Bronchiolo-alveolar carcinoma.''.
SEC. 3. PRESUMPTION OF PERMANENT AND TOTAL DISABILITY FOR VETERANS OVER
AGE 65 WHO ARE NURSING HOME PATIENTS.
Section 1502(a) of title 38, United States Code, is amended by
inserting ``is 65 years of age or older and a patient in a nursing home
or, regardless of age,'' after ``such a person''.
SEC. 4. PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY
EXAMINATIONS.
(a) Authority.--The Secretary of Veterans Affairs may conduct a
pilot program under this section under which examinations with respect
to medical disability of applicants for benefits under laws
administered by the Secretary that are carried out through the Under
Secretary for Benefits may be made by persons other than employees of
the Department of Veterans Affairs pursuant to contracts entered into
with those persons.
(b) Limitation.--The Secretary may carry out the pilot program
under this section through not more than 10 regional offices of the
Department of Veterans Affairs.
(c) Source of Funds.--Payments for contracts under the pilot
program under this section shall be made from amounts available to the
Secretary of Veterans Affairs for payment of examinations of applicants
for benefits.
(d) Report to Congress.--Not later than three years after the date
of the enactment of this Act, the Secretary shall submit to Congress a
report on the effect of the use of the authority provided by subsection
(a) on the timeliness and thoroughness of medical disability
examinations.
SEC. 5. INCREASE IN AUTOMOBILE ALLOWANCE.
(a) In General.--Section 3902(a) of title 38, United States Code,
is amended by striking out ``$5,500'' and inserting in lieu thereof
``$6,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to purchases of automobiles and other conveyances on
or after the date of the enactment of this Act.
SEC. 6. EFFECTIVE DATE OF DISCONTINUANCE OF CERTAIN VETERANS' BENEFITS
BY REASON OF DEATH OF RECIPIENT.
(a) In General.--Section 5112(b)(1) of title 38, United States
Code, is amended to read as follows:
``(1) by reason of--
``(A) the marriage or remarriage of the payee,
shall be the last day of the month before the month
during which such marriage or remarriage occurs; and
``(B) the death of the payee, shall be (i) the last
day of the month before the month during which the
death occurs, or (ii) in the case of a payee who was in
receipt of compensation or pension and who has a
surviving spouse, the date on which the death
occurs;''.
(b) Payment of Benefit for Final Month.--Section 5112 of such title
is further amended by adding at the end the following new subsection:
``(d) In the case of discontinuance of payment of compensation or
pension covered by subsection (b)(1)(B)(ii), the payment for the final
calendar month (or any portion thereof) for which such benefit is
payable shall (notwithstanding any other provision of law) be payable
to the surviving spouse.''.
(c) Commencement Date for DIC.--Section 5110(d) of such title is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1), the effective date of an award
of dependency and indemnity compensation for which application is
received within one year from the date of death shall, in the case of a
surviving spouse to whom an amount is payable pursuant to section
5111(d) of this title, be the day following the date on which the death
occurred.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to the death of compensation and pension recipients
occurring after October 1, 1998.
SEC. 7. INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS PAYABLE.
Section 5121(a) of title 38, United States Code, is amended by
striking out ``one year'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``two years''.
SEC. 8. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS.
(a) Pro Rata Reduction.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5313 the following new
section:
``Sec. 5313A. Limitation on payment of clothing allowance to
incarcerated veterans
``In the case of a veteran who is incarcerated in a Federal, State,
or local penal institution for a period in excess of 60 days and who is
furnished clothing without charge by the institution, the amount of an
annual clothing allowance payable to such veteran under section 1162 of
this title shall be reduced on a pro rata basis for each day on which
the veteran was so incarcerated during the 12-month period preceding
the date on which payment of the allowance would be due. This section
shall be carried out under regulations prescribed by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5313 the following new item:
``5313A. Limitation on payment of clothing allowance to incarcerated
veterans.''.
SEC. 9. REPAIR AND LONG-TERM MAINTENANCE OF WAR MEMORIALS.
Section 5(b)(2) of the Act of March 4, 1923 (36 U.S.C. 125(b)(2)),
is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) In assuming responsibility for a war memorial under paragraph
(1), the Commission may enter into arrangements with the sponsors of
the memorial to provide for the repair or long-term maintenance of the
memorial. Any funds transferred to the Commission for the purpose of
this subparagraph shall, in lieu of subparagraph (A), be deposited by
the Commission in the fund established by paragraph (3).
``(3)(A) There is established in the Treasury a fund which shall be
available to the Commission for expenses for the maintenance and repair
of memorials with respect to which the Commission enters into
arrangements under paragraph (2)(B). The fund shall consist of (i)
amounts deposited, and interest and proceeds credited, under
subparagraph (B), and (ii) obligations obtained under subparagraph (C).
``(B) The Commission shall deposit in the fund such amounts from
private contributions as may be accepted under paragraph (2)(B). The
Secretary of the Treasury shall credit to the fund the interest on, and
the proceeds from sale or redemption of, obligations held in the fund.
``(C) The Secretary of the Treasury shall invest any portion of the
fund that, as determined by the Commission, is not required to meet
current expenses. Each investment shall be made in an interest bearing
obligation of the United States or an obligation guaranteed as to
principal and interest by the United States that, as determined by the
Commission, has a maturity suitable for the fund.''.
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Veterans Programs Amendments of 1996 - Adds bronchiolo-alveolar carcinoma to the list of diseases that will be considered service-connected (and therefore compensable) when occurring in a radiation-exposed veteran.
(Sec. 3) Considers any veteran age 65 or older and a patient in a nursing home as totally and permanently disabled for purposes of eligibility for veterans' disability compensation.
(Sec. 4) Authorizes the Secretary of Veterans Affairs to conduct a pilot program under which veterans' medical disability evaluation examinations may be made under contract by persons other than employees of the Department of Veterans Affairs. Requires the Secretary to report to the Congress on the program's effect on the timeliness and thoroughness of such examinations.
(Sec. 5) Increases from $5,500 to $6,000 the authorized automobile allowance provided to a disabled veteran when used to purchase an automobile containing adaptive equipment.
(Sec. 6) Provides the effective dates for: (1) the discontinuance of veterans' disability compensation, dependency and indemnity compensation, or pension benefits due to the remarriage of the beneficiary or the death of the payee; and (2) the award of DIC for which application is received within one year from the date of death of a veteran.
(Sec. 7) Increases from one to two years after the death of a primary beneficiary the authorized period for the payment of certain accrued veterans' benefits.
(Sec. 8) Reduces on a prorated basis the annual clothing allowance payable to certain disabled veterans who are incarcerated for a period in excess of 60 days and furnished clothing without charge by the penal institution.
(Sec. 9) Authorizes the American Battle Monuments Commission to enter into arrangements for the repair and long-term maintenance of war memorials for which the Commission assumes responsibility. Establishes in the Treasury a fund for such repair and maintenance expenses.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Children Comes First
Act of 2007''.
SEC. 2. FINDINGS.
Section 402 of the Missing Children's Assistance Act (42 U.S.C.
5771) is amended to read as follows:
``SEC. 402. FINDINGS.
``The Congress finds that--
``(1) each year thousands of children are abducted or removed
from the control of a parent having legal custody without such
parent's consent, under circumstances which immediately place the
child in grave danger;
``(2) many missing children are at great risk of both physical
harm and sexual exploitation;
``(3) in many cases, parents and local law enforcement
officials have neither the resources nor the expertise to mount
expanded search efforts;
``(4) abducted children are frequently moved from one locality
to another, requiring the cooperation and coordination of local,
State, and Federal law enforcement efforts;
``(5) growing numbers of children are the victims of child
sexual exploitation, increasingly involving the use of new
technology to access the Internet;
``(6) children may be separated from their parents or legal
guardians as a result of national disasters such as hurricanes and
floods;
``(7) sex offenders pose a threat to children;
``(8) the Office of Juvenile Justice and Delinquency Prevention
administers programs under this Act through the Child Protection
Division, including programs which prevent or address offenses
committed against vulnerable children and which support missing
children's organizations; and
``(9) a key component of such programs is the National Center
for Missing and Exploited Children, which--
``(A) serves as a national resource center and
clearinghouse;
``(B) works in partnership with the Department of Justice,
the Federal Bureau of Investigation, the United States Marshals
Service, the Department of the Treasury, the Department of
State, the Bureau of Immigration and Customs Enforcement, the
United States Secret Service, the United States Postal
Inspection Service, and many other agencies in the effort to
find missing children and prevent child victimization; and
``(C) operates a national network, linking the Center
online with each of the missing children clearinghouses
operated by the 50 States, the District of Columbia, and Puerto
Rico, as well as with international organizations, including
Scotland Yard in the United Kingdom, the Royal Canadian Mounted
Police, INTERPOL headquarters in Lyon, France, and others,
which enable the Center to transmit images and information
regarding missing and exploited children to law enforcement
across the United States and around the world instantly.''.
SEC. 3. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
Section 404(b) of the Missing Children's Assistance Act (42 U.S.C.
5773(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Administrator shall annually make a
grant to the Center, which shall be used to--
``(A)(i) operate a national 24-hour toll-free telephone
line by which individuals may report information regarding the
location of any missing child, and request information
pertaining to procedures necessary to reunite such child with
such child's legal custodian; and
``(ii) coordinate the operation of such telephone line with
the operation of the national communications system referred to
in part C of the Runaway and Homeless Youth Act (42 U.S.C.
5714-11);
``(B) operate the official national resource center and
information clearinghouse for missing and exploited children;
``(C) provide to State and local governments, and public
and private nonprofit agencies, and individuals, information
regarding--
``(i) free or low-cost legal, restaurant, lodging, and
transportation services that are available for the benefit
of missing and exploited children and their families; and
``(ii) the existence and nature of programs being
carried out by Federal agencies to assist missing and
exploited children and their families;
``(D) coordinate public and private programs that locate,
recover, or reunite missing children with their families;
``(E) disseminate, on a national basis, information
relating to innovative and model programs, services, and
legislation that benefit missing and exploited children;
``(F) based solely on reports received by the National
Center for Missing and Exploited Children (NCMEC), and not
involving any data collection by NCMEC other than the receipt
of those reports, annually provide to the Department of
Justice's Office of Juvenile Justice and Delinquency
Prevention--
``(i) the number of children nationwide who are
reported to NCMEC as missing;
``(ii) the number of children nationwide who are
reported to NCMEC as victims of non-family abductions;
``(iii) the number of children nationwide who are
reported to NCMEC as victims of parental kidnappings; and
``(iv) the number of children recovered nationwide
whose recovery was reported to NCMEC;
``(G) provide, at the request of State and local
governments, and public and private nonprofit agencies,
guidance on how to facilitate the lawful use of school records
and birth certificates to identify and locate missing children;
``(H) provide technical assistance and training to law
enforcement agencies, State and local governments, elements of
the criminal justice system, public and private nonprofit
agencies, and individuals in the prevention, investigation,
prosecution, and treatment of cases involving missing and
exploited children;
``(I) provide assistance to families and law enforcement
agencies in locating and recovering missing and exploited
children, both nationally and, in cooperation with the
Department of State, internationally;
``(J) provide analytical support and technical assistance
to law enforcement agencies through searching public records
databases in locating and recovering missing and exploited
children and helping to locate and identify abductors;
``(K) provide direct on-site technical assistance and
consultation to law enforcement agencies in child abduction and
exploitation cases;
``(L) provide forensic technical assistance and
consultation to law enforcement and other agencies in the
identification of unidentified deceased children through facial
reconstruction of skeletal remains and similar techniques;
``(M) track the incidence of attempted child abductions in
order to identify links and patterns, and provide such
information to law enforcement agencies;
``(N) provide training and assistance to law enforcement
agencies in identifying and locating non-compliant sex
offenders;
``(O) facilitate the deployment of the National Emergency
Child Locator Center to assist in reuniting missing children
with their families during periods of national disasters;
``(P) operate a cyber tipline to provide online users and
electronic service providers an effective means of reporting
Internet-related child sexual exploitation in the areas of--
``(i) possession, manufacture, and distribution of
child pornography;
``(ii) online enticement of children for sexual acts;
``(iii) child prostitution;
``(iv) sex tourism involving children;
``(v) extrafamilial child sexual molestation;
``(vi) unsolicited obscene material sent to a child;
``(vii) misleading domain names; and
``(viii) misleading words or digital images on the
Internet,
and subsequently to transmit such reports, including relevant
images and information, to the appropriate international,
Federal, State or local law enforcement agency for
investigation;
``(Q) work with law enforcement, Internet service
providers, electronic payment service providers, and others on
methods to reduce the distribution on the Internet of images
and videos of sexually exploited children;
``(R) operate a child victim identification program in
order to assist the efforts of law enforcement agencies in
identifying victims of child pornography and other sexual
crimes; and
``(S) develop and disseminate programs and information to
the general public, schools, public officials, youth-serving
organizations, and nonprofit organizations, directly or through
grants or contracts with public agencies and public and private
nonprofit organizations, on--
``(i) the prevention of child abduction and sexual
exploitation; and
``(ii) internet safety.''; and
(2) in paragraph (2) by striking ``$20,000,000'' and all that
follows through ``2008'', and inserting ``$40,000,000 for fiscal
year 2008 and such sums as may be necessary for fiscal years 2009
through 2013''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 408(a) of the Missing Children's Assistance Act (42 U.S.C.
5777(a)) is amended by striking ``2007 through 2008'' and inserting
``2008 through 2013''.
SEC. 5. REPEALER.
The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is
amended--
(1) by striking section 407; and
(2) by redesignating section 408 as section 407.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Protecting Our Children Comes First Act of 2007 - Amends the Missing Children's Assistance Act to: (1) revise, and expand the required uses for, the annual grant made to the National Center for Missing and Exploited Children (NCMEC) by the Office of Juvenile Justice and Delinquency Prevention; (2) reauthorize the missing children's assistance and the NCMEC grant programs through FY2013; and (3) repeal criteria for grants.
Specifies additional mandatory uses of grants to NCMEC, including provision of: (1) annual reports to the Department of Justice's Office of Juvenile Justice and Delinquency Prevention on the numbers of children nationwide reported as missing, victims of non-family abductions, and victims of parental kidnappings, as well as those recovered; (2) analytical as well as onsite support and technical assistance to law enforcement agencies through searching public records databases in locating and recovering missing and exploited children and helping to locate and identify abductors; (3) forensic technical assistance and consultation to law enforcement and other agencies in the identification of unidentified deceased children; and (4) training and assistance to law enforcement agencies in identifying and locating non-compliant sex offenders.
Requires the use of grants also to facilitate the deployment of the National Emergency Child Locator Center to assist in reuniting missing children with their families during periods of national disasters.
Adds to the kinds of reports for which the cyber tipline shall be used.
Requires NCMEC to use grant funds to: (1) work with law enforcement, Internet service providers, electronic payment service providers, and others on methods to reduce the distribution on the Internet of images and videos of sexually exploited children; (2) operate a child victim identification program to assist the efforts of law enforcement agencies in identifying victims of child pornography and other sexual crimes; and (3) develop and disseminate programs and information to the general public, schools, and other public officials and organizations on the prevention of child abduction and sexual exploitation, and Internet safety.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Punitive Damage Awards
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) punitive damage awards in jury verdicts in financial
injury cases are a serious and growing problem, and according
to a Rand Institute for Civil Justice study in 1997 of punitive
damage verdicts from calendar years 1985 through 1994 in States
that represent 25 percent of the United States population--
(A) nearly 50 percent of all punitive damage awards
are made in financial injury cases (those in which the
plaintiff is alleging a financial injury only and is
not alleging injuries to either person or property);
(B) punitive damages are awarded in 1 in every 7
financial injury verdicts overall and 1 in every 5
financial injury cases in the State of California;
(C) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the average punitive
damage verdict in financial injury cases increased from
$3,400,000 to $7,600,000;
(D) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the award of such
damages at the 90th percentile increased from
$3,900,000 to $12,100,000;
(E) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the total amount of
punitive damages awarded increased from $1,200,000,000
to $2,300,000,000, for a 10-year total of
$3,500,000,000;
(F) punitive damages represent a very large
percentage of total damages awarded in all financial
injury verdicts, increasing from 44 percent to 59
percent during the period analyzed; and
(G) in the State of Alabama, punitive damages
represent 82 percent of all damages awarded in
financial injury cases;
(2) excessive, unpredictable, and often arbitrary punitive
damage awards have a direct and undesirable effect on
interstate commerce by increasing the cost and decreasing the
availability of goods and services;
(3) as a result of excessive, unpredictable, and often
arbitrary punitive damage awards, consumers have been adversely
affected through the withdrawal of products, producers,
services, and service providers from the marketplace, and from
excessive liability costs passed on to consumers through higher
prices;
(4) excessive, unpredictable, and often arbitrary punitive
damage awards jeopardize the financial well-being of many
individuals and companies, particularly the Nation's small
businesses, and adversely affect government and taxpayers;
(5) individual State legislatures, 5 of whom have banned
punitive damages and 14 others of whom have place limitations
on the amount of such awards, can create only a partial remedy
to address these problems because each State lacks the power to
control the imposition of punitive damages in other States;
(6) it is the constitutional role of the national
Government to remove barriers to interstate commerce and to
protect due process rights;
(7) there is a need to restore rationality, certainty, and
fairness to the award of punitive damages in order to protect
against excessive, arbitrary, and uncertain awards;
(8) establishing a rule of proportionality, in cases that
primarily involve financial injury, between the amount of
punitive damages awarded and the amount of economic damages
would--
(A) be fair to both plaintiffs and defendants; and
(B) address the constitutional objection of the
United States Supreme Court in BMW of North America v.
Gore 116 S. Ct. 1589 (1996) to punitive damages that
are grossly excessive in relation to the harm suffered;
and
(9) based upon the powers contained in Article I, section
8, clause 3 and section 5 of the 14th amendment of the United
States Constitution, this Act will--
(A) promote the free flow of goods and services and
lessen the burdens on interstate commerce; and
(B) uphold constitutionally protected due process
rights by placing reasonable limits on damages over and
above the actual damages suffered by a claimant.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Act of terrorism.--The term ``act of terrorism'' means
any activity that--
(A)(i) is a violation of the criminal laws of the
United States or any State; or
(ii) would be a criminal violation if committed
within the jurisdiction of the United States or any
State; and
(B) appears to be intended to intimidate or coerce
a civilian population, to influence the policy of a
government by intimidation or coercion, or to affect
the conduct of a government by assassination or
kidnaping.
(2) Claimant.--The term ``claimant''--
(A) means any person who brings a civil action that
is subject to this Act and any person on whose behalf
such an action is brought; and
(B) includes--
(i) a claimant's decedent if such action is
brought through or on behalf of an estate; and
(ii) a claimant's legal guardian if such
action is brought through or on behalf of a
minor or incompetent.
(3) Compensatory damages.--The term ``compensatory
damages'' means damages awarded for economic and non-economic
loss.
(4) Economic loss.--The term ``economic loss'' means
objectively verifiable monetary losses including medical
expenses, loss of earnings, burial costs, loss of use of
property, costs of repair or replacement, costs of obtaining
substitute domestic services, loss of employment, and loss of
business or employment opportunities, to the extent such
recovery is allowed under applicable Federal or State law.
(5) Harm.--The term ``harm'' means any legally cognizable
wrong or injury for which punitive damages may be imposed.
(6) Interstate commerce.--The term ``interstate commerce''
means commerce among the several States or with foreign
nations, or in any territory of the United States or in the
District of Columbia, or between any such territory and
another, or between any such territory and any State or foreign
nation, or between the District of Columbia and any State or
territory or foreign nation.
(7) Person.--The term ``person'' includes any governmental
entity.
(8) Punitive damages.--The term ``punitive damages'' means
damage awarded against any person to punish or deter such
person, or others, from engaging in similar behavior in the
future.
SEC. 4. APPLICABILITY.
(a) General Rule.--
(1) Civil actions covered.--Except as provided in
subsection (b), this Act applies to any civil action brought in
any Federal or State court where such action affects interstate
commerce or implicates rights or interests that may be
protected by Congress under section 5 of the 14th amendment of
the United States Constitution and where the claimant seeks to
recover punitive damages under any theory for harm. Punitive
damages may, to the extent permitted by applicable State law,
be awarded against a person in such an action only if the
claimant establishes by clear and convincing evidence that
conduct of such person was carried out with a conscious,
flagrant indifference to the rights or safety of others and was
the proximate cause of the harm that is the subject of the
action.
(b) Exceptions.--
(1) In general.--The provisions of this Act shall not apply
to any person in a civil action described in subsection (a)(1)
if the misconduct for which punitive damages are awarded
against that person--
(A) caused harm that resulted in death, serious and
permanent physical scarring or disfigurement, loss of a
limb or organ, or serious and permanent physical
impairment of an important bodily function;
(B) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) for which the defendant has been convicted in any
court;
(C) constitutes an act of terrorism for which the
defendant has been convicted in any court;
(D) constitutes a hate crime referred to in
subsection (b)(1) of the first section of the Hate
Crime Statistics Act (28 U.S.C 534 note) for which the
defendant has been convicted in any court;
(E) occurred at a time when the defendant was under
the influence (as determined pursuant to applicable
State law) of--
(i) intoxicating alcohol, or
(ii) any drug that may not lawfully be sold
without a prescription or had been taken by the
defendant other than in accordance with the
terms of a lawful prescription, and
if the defendant so being under the influence caused
the harm for which the civil action was brought; or
(F) constitutes a felony sexual offense, as defined
by applicable Federal or State law, for which the
defendant has been convicted in any court.
(2) Question of law.--The applicability of this subsection
and what constitutes death, serious and permanent physical
scarring or disfigurement, loss of a limb or organ, or serious
and permanent physical impairment of an important bodily
function shall be a question of law for determination by the
court. The liability of any other person in such an action
shall be determined in accordance with this Act.
SEC. 5. PROPORTIONAL AWARDS.
(a) Amount.--
(1) In general.--The amount of punitive damages that may be
awarded to a claimant in any civil action that is subject to
this Act shall not exceed the greater of--
(A) 3 times the amount awarded to the claimant for
economic loss; or
(B) $250,000.
(2) Special rule for small business and certain
individuals.--
(A) In general.--Notwithstanding paragraph (1), in
any civil action that is subject to this Act against an
individual whose net worth does not exceed $500,000 or
against an owner of an unincorporated business, or any
partnership, corporation, association, unit of local
government, or organization that has fewer than 25
full-time employees, the amount of punitive damages
shall not exceed the lesser of--
(i) 3 times the amount awarded to the
claimant for economic loss; or
(ii) $250,000.
(B) Applicability.--For purposes of determining the
applicability of this paragraph to a corporation, the
number of employees of a subsidiary of a wholly owned
corporation shall include all employees of a parent
corporation or any subsidiary of that parent
corporation.
(b) Application of Limitations by the Court.--The limitations in
subsection (a) shall be applied by the court and shall not be disclosed
to the jury.
(c) Bifurcation at Request of Any Party.--
(1) In general.--At the request of any party the trier of
fact in any action that is subject to this section shall
consider in a separate proceeding, held subsequent to the
determination of the amount of compensatory damages, whether
punitive damages are to be awarded for the harm that is the
subject of the action and the amount of the award.
(2) Inadmissibility of evidence relative only to a claim of
punitive damages in a proceeding concerning compensatory
damages.--If any party requests a separate proceeding under
paragraph (1), in a proceeding to determine whether the
claimant may be awarded compensatory damages, any evidence,
argument, or contention that is relevant only to the claim of
punitive damages, as determined by applicable State law, shall
be inadmissible.
SEC. 6. PREEMPTION.
Nothing in this Act shall be construed to--
(1) create a cause of action for punitive damages;
(2) supersede or alter any Federal law;
(3) preempt or supersede any Federal or State law to the
extent such law would further limit the award of punitive
damages; or
(4) modify or reduce the ability of courts to order
remittitur.
SEC. 7. FEDERAL CAUSE OF ACTION PRECLUDED.
The district courts of the United States shall not have
jurisdiction pursuant to this Act based on section 1331 or 1337 of
title 28, United States Code.
SEC. 8. EFFECTIVE DATE.
This Act applies to any civil action described in section 4 that is
commenced on or after the date of enactment of this Act, without regard
to whether the harm that is the subject of the action or the conduct
that caused the harm occurred before such date of enactment.
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Fairness in Punitive Damage Awards Act - Limits punitive damage awards in civil actions brought in Federal or State court that affect interstate commerce or implicate rights or interests that may be protected by the Congress under the 14th Amendment where such damages are sought under any theory for harm.
Permits punitive damages, to the extent permitted by applicable State law, to be awarded against a person in such an action only if the claimant establishes by clear and convincing evidence that conduct of such person was carried out with a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action.
Makes this Act inapplicable to any person in such action if the misconduct for which punitive damages are awarded: (1) caused harm that resulted in death, serious and permanent physical scarring or disfigurement, loss of a limb or organ, or serious and permanent physical impairment of an important bodily function; (2) occurred at a time when the defendant was under the influence of intoxicating alcohol or any drug that may not lawfully be sold without a prescription or had been taken by the defendant other than in accordance with the terms of a lawful prescription, and if the defendant so being under the influence caused the harm for which the civil action was brought; or (3) constitutes a crime of violence, an act of terrorism, a hate crime, or a felony sexual offense, for which the defendant has been convicted in any court.
(Sec. 5) Limits the amount of punitive damages that may be awarded to a claimant in any civil action that is subject to this Act: (1) to the greater of three times the amount awarded for economic loss or $250,000; or (2) for an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 25 full-time employees, to the lesser of three times the amount awarded for economic loss or $250,000.
Directs that these limitations be applied by the court and not be disclosed to the jury.
Directs the trier of fact, at the request of any party in such an action, to consider in a separate proceeding, held subsequent to the determination of the amount of compensatory damages, whether punitive damages are to be awarded and the amount thereof. Specifies that if any party requests a separate proceeding, in a proceeding to determine whether the claimant may be awarded compensatory damages, any evidence, argument, or contention that is relevant only to punitive damages, as determined by applicable State law, shall be inadmissible.
(Sec. 7) Denies the U.S. district courts jurisdiction pursuant to this Act based on Federal provisions regarding Federal question jurisdiction, or commerce and antitrust regulations and amount in controversy.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cultural Radio Tax Credit Act of
2005''.
SEC. 2. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF COMMERCIAL
RADIO BROADCASTING STATIONS TO NONPROFIT CORPORATIONS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to general business
credits) is amended by adding at the end the following new section:
``SEC. 45J. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF
COMMERCIAL RADIO BROADCASTING STATION TO CERTAIN
NONPROFIT CORPORATIONS.
``(a) Radio Broadcasting Station Donation Credit.--For purposes of
section 38, the radio broadcasting station donation credit is an amount
equal to the sum of--
``(1) 125 percent of the fair market value of a radio
broadcasting commercial license which is donated to a qualified
recipient,
``(2) 100 percent of the fair market value of any radio
broadcasting station assets, including equipment and other real
property owned by the station, which are donated to the same
qualified recipient, and
``(3) the total amount deposited into an operations escrow
fund established by the donor of the license and assets during
the taxable year.
``(b) Qualified Recipient.--For purposes of this section, a
qualified recipient is an entity which--
``(1) is a corporation described in section 501(c)(3) which
is exempt from taxation under section 501(a),
``(2) agrees to operate the radio broadcasting station
being donated to it as a for-profit venture, with profits
dedicated to the support of non-profit fine arts and performing
arts organizations in its service area,
``(3) has at least 3 arts organizations from its service
area on its board of trustees, or on a board of trustees of a
subsidiary established to oversee operation of the radio
broadcasting station,
``(4) agrees that, in the event that it ceases operation of
the radio broadcasting station--
``(A) it will not sell the station to a for-profit
broadcaster under any circumstances, and
``(B) it will either--
``(i) transfer the license to another
corporation described in section 501(c)(3)
which is exempt from taxation under section
501(a) and which agrees to continue operation
of the station for the support of nonprofit
fine arts and performing arts organizations in
its service area, or
``(ii) surrender the license to the Federal
Communications Commission.
``(c) Operations Escrow Fund.--
``(1) In general.--For purposes of this section, an
operations escrow fund is a fund established by a taxpayer who
has donated a radio broadcasting commercial license or radio
broadcasting station assets to a qualified recipient for the
purpose of covering operating expenses during the recipient's
first year of operation of the radio broadcasting station if
the station's revenues are not adequate to cover such expenses.
An operations escrow fund may be established only if the
qualified recipient is not able to meet the financial
responsibility requirement of the Federal Communications
Commission.
``(2) Recapture of credit for amounts remaining in escrow
fund.--In any case in which there is an amount remaining in an
operations escrow fund after the first year of operation of the
radio broadcasting station for which the fund was established,
such amount (not including any interest that accrued on the
amount in the fund) shall be added to the tax imposed by this
chapter on the taxpayer for the taxpayer's taxable year which
includes the end of such first year of operation.
``(d) Special Rules in Case of Surrender of License to FCC.--If a
qualified recipient surrenders its donated radio broadcasting license
to the Federal Communications Commission, the Commission shall notify
the donor of the license that the donor may, within 6 months after such
notification, post a bond equal to the amount of the tax credit under
subsection (a) that it received for donating the station, plus
interest. After such a bond is posted, the donor may apply for the
license. If the Commission approves the donor's application for the
license, the bond shall be used in lieu of an auction fee. If the donor
does not exercise its option within such six months, or waives its
option earlier, the license shall be auctioned in the same manner as a
new license.
``(e) Denial of Double Benefit.--A donation or deposit for which a
credit is allowed under subsection (a) shall not be treated as a
charitable contribution under section 170.
``(f) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.''.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (18), by striking the
period at the end of paragraph (19) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(20) the radio broadcasting station donation credit
determined under section 45J(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45J. Credit for donation of license and other assets of
commercial radio broadcasting stations to
certain nonprofit corporations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
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Cultural Radio Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for 125 percent of the fair market value of a radio broadcasting commercial license and 100 percent of the fair market value of radio station assets donated to a tax-exempt organization which agrees to operate the station on a for-profit basis and to donate operational profits to support nonprofit fine arts and performing arts organizations in its service area.
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Provide a summary of the following text: SECTION 1. INTERNET OPENNESS.
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. INTERNET OPENNESS.
``(a) Obligations of Broadband Internet Access Service Providers.--
A person engaged in the provision of broadband Internet access service,
insofar as such person is so engaged--
``(1) may not block lawful content, applications, or
services, subject to reasonable network management;
``(2) may not prohibit the use of non-harmful devices,
subject to reasonable network management;
``(3) may not throttle lawful traffic by selectively
slowing, speeding, degrading, or enhancing Internet traffic
based on source, destination, or content, subject to reasonable
network management;
``(4) may not engage in paid prioritization; and
``(5) shall publicly disclose accurate and relevant
information in plain language regarding the network management
practices, performance, and commercial terms of its broadband
Internet access services sufficient for consumers to make
informed choices regarding use of such services and for
content, application, service, and device providers to develop,
market, and maintain Internet offerings, except that a provider
is not required to publicly disclose competitively sensitive
information or information that could compromise network
security or undermine the efficacy of reasonable network
management practices.
``(b) Commission Authority.--
``(1) In general.--The Commission shall enforce the
obligations established in subsection (a) through adjudication
of complaints alleging violations of such subsection but may
not expand the Internet openness obligations for provision of
broadband Internet access service beyond the obligations
established in such subsection, whether by rulemaking or
otherwise.
``(2) Formal complaint procedures.--Not later than 60 days
after the date of the enactment of this section, the Commission
shall adopt formal complaint procedures to address alleged
violations of subsection (a).
``(c) Other Laws and Considerations.--Nothing in this section--
``(1) supersedes any obligation or authorization a provider
of broadband Internet access service may have to address the
needs of emergency communications or law enforcement, public
safety, or national security authorities, consistent with or as
permitted by applicable law, or limits the provider's ability
to do so; or
``(2) prohibits reasonable efforts by a provider of
broadband Internet access service to address copyright
infringement or other unlawful activity.
``(d) Consumer Choice.--
``(1) In general.--Nothing in this section shall be
construed to limit consumers' choice of service plans or
consumers' control over their chosen broadband Internet access
service or, except as provided in paragraph (2), the ability of
broadband Internet access service providers to offer
specialized services.
``(2) Prohibition on certain practices regarding
specialized services.--Specialized services may not be offered
or provided in ways that threaten the meaningful availability
of broadband Internet access service or that have been devised
or promoted in a manner designed to evade the purposes of this
section.
``(e) Broadband To Be Considered Information Service.--
Notwithstanding any other provision of law, the provision of broadband
Internet access service or any other mass market retail service
providing advanced telecommunications capability (as defined in section
706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)) shall be
considered to be an information service.
``(f) Reasonable Network Management.--For purposes of subsection
(a), a network management practice is reasonable if it is appropriate
and tailored to achieving a legitimate network management purpose,
taking into account the particular network architecture and any
technology and operational limitations of the broadband Internet access
service provider.
``(g) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband Internet access service' means a mass market retail
service by wire or radio that provides the capability to
transmit data to and receive data from all or substantially all
Internet endpoints, including any capabilities that are
incidental to and enable the operation of the communications
service, but excluding dial-up Internet access. Such term also
encompasses any service that the Commission finds to be
providing a functional equivalent of the service described in
the previous sentence, or that is used to evade the obligations
set forth in subsection (a).
``(2) Paid prioritization.--The term `paid prioritization'
means the speeding up or slowing down of some Internet traffic
in relation to other Internet traffic over the consumer's
broadband Internet access service by prioritizing or
deprioritizing packets based on compensation or lack thereof by
the sender to the broadband Internet access service provider.
``(3) Specialized services.--The term `specialized
services' means services other than broadband Internet access
service that are offered over the same network as, and that may
share network capacity with, broadband Internet access
service.''.
SEC. 2. AUTHORITY UNDER SECTION 706 OF THE TELECOMMUNICATIONS ACT OF
1996.
(a) In General.--Section 706 of the Telecommunications Act of 1996
(47 U.S.C. 1302) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) No Grant of Authority.--The Commission or a State commission
with regulatory jurisdiction over telecommunications services may not
rely on this section as a grant of authority.''.
(b) Technical Corrections.--Section 706 of the Telecommunications
Act of 1996 (47 U.S.C. 1302) is further amended--
(1) in subsection (c), by striking ``(as defined'' and all
that follows through ``note))''; and
(2) in subsection (e), as redesignated, in the matter
preceding paragraph (1), by striking ``subsection'' and
inserting ``section''.
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This bill amends the Communications Act of 1934 to require a person engaged in the provision of broadband Internet access service to publicly disclose accurate and relevant information about network management practices, performance, and commercial terms of its broadband Internet access services, and to restrict such a person from: blocking lawful content, applications, or services; prohibiting the use of non-harmful devices; throttling lawful traffic by selectively slowing, speeding, degrading, or enhancing Internet traffic based on source, destination, or content; and engaging in paid prioritization.
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Provide a condensed version of the following text: SECTION 1. NIH RESEARCH STRATEGIC PLAN.
Section 402 of the Public Health Service Act (42 U.S.C. 282) is
amended--
(1) in subsection (b), by amending paragraph (5) to read as
follows:
``(5) shall ensure that scientifically based strategic
planning is implemented in support of research priorities as
determined by the agencies of the National Institutes of
Health, including through development, use, and updating of the
research strategic plan under subsection (m);''; and
(2) by adding at the end the following:
``(m) Research Strategic Plan.--
``(1) Five-year plans for biomedical research strategy.--
``(A) In general.--For each successive five-year
period beginning with the period of fiscal years 2016
through 2020, the Director of NIH, in consultation with
the entities described in subparagraph (B), shall
develop and maintain a biomedical research strategic
plan.
``(B) Entities described.--The entities described
in this subparagraph are the directors of the national
research institutes and national centers, researchers,
patient advocacy groups, and industry leaders.
``(2) Use of plan.--The Director of NIH and the directors
of the national research institutes and national centers shall
use the strategic plan--
``(A) to identify research opportunities; and
``(B) to develop individual strategic plans for the
research activities of each of the national research
institutes and national centers that--
``(i) have a common template; and
``(ii) identify strategic focus areas in
which the resources of the national research
institutes and national centers can best
contribute to the goal of expanding knowledge
on human health in the United States through
biomedical research.
``(3) Contents of plans.--
``(A) Strategic focus areas.--The strategic focus
areas identified pursuant to paragraph (2)(B) shall--
``(i) be identified in a manner that--
``(I) considers the return on
investment to the United States public
through the investments of the National
Institutes of Health in biomedical
research; and
``(II) contributes to expanding
knowledge to improve the United States
public's health through biomedical
research; and
``(ii) include overarching and trans-
National Institutes of Health strategic focus
areas, to be known as Mission Priority Focus
Areas, which best serve the goals of preventing
or eliminating the burden of a disease or
condition and scientifically merit enhanced and
focused research over the next 5 years.
``(B) Rare and pediatric diseases and conditions.--
In developing and maintaining a strategic plan under
this subsection, the Director of NIH shall ensure that
rare and pediatric diseases and conditions remain a
priority.
``(4) Initial plan.--Not later than 270 days after the date
of enactment of this subsection, the Director of NIH and the
directors of the national research institutes and national
centers shall--
``(A) complete the initial strategic plan required
by paragraphs (1) and (2); and
``(B) make such initial strategic plan publicly
available on the website of the National Institutes of
Health.
``(5) Review; updates.--
``(A) Progress reviews.--Not less than annually,
the Director of NIH, in consultation with the directors
of the national research institutes and national
centers, shall conduct progress reviews for each
strategic focus area identified under paragraph (2)(B).
``(B) Updates.--Not later than the end of the 5-
year period covered by the initial strategic plan under
this subsection, and every 5 years thereafter, the
Director of NIH, in consultation with the directors of
the national research institutes and national centers,
stakeholders in the scientific field, advocates, and
the public at large, shall--
``(i) conduct a review of the plan,
including each strategic focus area identified
under paragraph (2)(B); and
``(ii) update such plan in accordance with
this section.''.
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This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to develop and maintain a biomedical research strategic plan. The NIH must use the strategic plan to identify research opportunities and to develop individual strategic plans for each of the national research institutes and national centers. Strategic plans must identify strategic focus areas in a manner that considers the return on investment of biomedical research and contributes to expanding knowledge to improve the public's health. Strategic focus areas must include overarching Mission Priority Focus Areas, which serve the goal of preventing or eliminating the burden of a medical condition. The NIH must: (1) ensure that rare and pediatric diseases and conditions remain a priority under the strategic plan, (2) publish the initial strategic plan within 270 days, (3) conduct progress reviews for each strategic focus area at least annually, and (4) update the strategic plan every five years.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Outreach Improvement Act of
2007''.
SEC. 2. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 5 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--OUTREACH ACTIVITIES
``Sec. 561. Outreach activities: coordination of activities within the
Department
``(a) Coordination Procedures.--The Secretary shall establish and
maintain procedures for ensuring the effective coordination of the
outreach activities of the Department between and among the following:
``(1) The Office of the Secretary.
``(2) The Office of Public Affairs.
``(3) The Veterans Health Administration.
``(4) The Veterans Benefits Administration.
``(5) The National Cemetery Administration.
``(b) Annual Review of Procedures.--The Secretary shall--
``(1) annually review the procedures in effect under
subsection (a) for the purpose of ensuring that those
procedures meet the requirements of that subsection; and
``(2) make such modifications to those procedures as the
Secretary considers appropriate in light of such review in
order to better achieve that purpose.
``Sec. 562. Outreach activities: cooperative activities with States;
grants to States for improvement of outreach
``(a) Purpose.--It is the purpose of this section to provide for
assistance by the Secretary to State and county veterans agencies to
carry out programs in locations within the respective jurisdictions of
such agencies that offer a high probability of improving outreach and
assistance to veterans, and to the spouses, children, and parents of
veterans, to ensure that such individuals are fully informed about, and
assisted in applying for, any veterans' and veterans-related benefits
and programs (including State veterans' programs) for which they may be
eligible.
``(b) Priority for Areas With High Concentration of Eligible
Individuals.--In providing assistance under this section, the Secretary
shall give priority to State and county veteran agencies in locations--
``(1) that have relatively large concentrations of
populations of veterans and other individuals referred to in
subsection (a); or
``(2) that are experiencing growth in the population of
veterans and other individuals referred to in subsection (a).
``(c) Contracts for Outreach Services.--The Secretary may enter
into a contract with a State or county veterans agency in order to
carry out, coordinate, improve, or otherwise enhance outreach by the
Department and the State or county (including outreach with respect to
a State or county veterans program). As a condition of entering into
any such contract, the Secretary shall require the agency to submit
annually to the Secretary a three-year plan for the use of any funds
provided to the agency pursuant to the contract and to meet the annual
outcome measures developed by the Secretary under subsection (d)(4).
``(d) Grants.--(1) The Secretary may make a grant to a State or
county veterans agency to be used to carry out, coordinate, improve, or
otherwise enhance--
``(A) outreach activities, including activities carried out
pursuant to a contract entered into under subsection (c); and
``(B) activities to assist in the development and submittal
of claims for veterans and veterans-related benefits, including
activities carried out pursuant to a contract entered into
under subsection (c).
``(2) A State veterans agency that receives a grant under this
subsection may award all or a portion of the grant to county veterans
agencies within the State to provide outreach services for veterans, on
the basis of the number of veterans residing in the jurisdiction of
each county.
``(3) To be eligible for a grant under this subsection, a State or
county veterans agency shall submit to the Secretary an application
containing such information and assurances as the Secretary may
require. The Secretary shall require a State or county veterans agency
to include, as part of the agency's application--
``(A) a three-year plan for the use of the grant; and
``(B) a description of the programs through which the
agency will meet the annual outcome measures developed by the
Secretary under paragraph (4).
``(4)(A) The Secretary shall develop and provide to the recipient
of a grant under this subsection written guidance on annual outcome
measures, Department policies, and procedures for applying for grants
under this section.
``(B) The Secretary shall annually review the performance of each
State or county veterans agency that receives a grant under this
section.
``(C) In the case of a State or county veterans agency that is a
recipient of a grant under this subsection that does not meet the
annual outcome measures developed by the Secretary, the Secretary shall
require the agency to submit a remediation plan under which the agency
shall describe how and when it plans to meet such outcome measures. The
Secretary must approve such plan before the Secretary may make a
subsequent grant to that agency under this subsection.
``(5) No portion of any grant awarded under this subsection may be
used for the purposes of administering the grant funds or to subsidize
the salaries of State or county veterans service officers or other
employees of a State or county veterans agency that receives a grant
under this subsection.
``(6) Federal funds provided to a State or county veterans agency
under this subsection may not be used to provide more than 50 percent
of the total cost of the State or county government activities
described in paragraph (1) and shall be used to expand existing
outreach programs and services and not to supplant State and local
funding that is otherwise available.
``(7) In awarding grants under this subsection, the Secretary shall
give priority to State and county veterans agencies that serve the
largest populations of veterans.
``(8)(A) In a case in which a county government does not have a
county veterans agency, the county government may be awarded a grant
under this subsection to establish such an agency.
``(B) In a case in which a county government does not have a county
veterans agency and does not seek to establish such an agency through
the use of a grant under this subsection, the State veterans agency for
the State in which the county is located may use a grant under this
section to provide outreach services for that county.
``(C) In the case of a State in which no State or county veterans
agency seeks to receive a grant under this subsection, the funds that
would otherwise be allocated for that State shall be reallocated to
those States in which county veterans agencies exist and have sought
grants under this subsection.
``(9) A grant under this subsection may be used to provide
education and training, including on-the-job training, for State,
county, and local government employees who provide (or when trained
will provide) veterans outreach services in order for those employees
to obtain accreditation in accordance with procedures approved by the
Secretary and, for employees so accredited, for purposes of continuing
education.
``(e) Definitions.--For the purposes of this section:
``(1) The term `State veterans agency' means the element of the
government of a State that has responsibility for programs and
activities of that State government relating to veterans benefits.
``(2) The term `county veterans agency' means the element of the
government of a county or municipality that has responsibility for
programs and activities of that county or municipal government relating
to veterans benefits.
``Sec. 563. Outreach activities: funding
``(a) Separate Account.--Amounts for the outreach activities of the
Department under this subchapter shall be budgeted and appropriated
through a separate appropriation account.
``(b) Separate Statement of Amount.--In the budget justification
materials submitted to Congress in support of the Department budget for
any fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31), the Secretary shall include a separate
statement of the amount requested to be appropriated for that fiscal
year for the account specified in subsection (a).
``Sec. 564. Definition of outreach
``For purposes of this subchapter, the term `outreach' means the
act or process of taking steps in a systematic manner to provide
information, services, and benefits counseling to veterans, and the
survivors of veterans, who may be eligible to receive benefits under
the laws administered by the Secretary to ensure that those individuals
are fully informed about, and assisted in applying for, any benefits
and programs under such laws for which they may be eligible.
``Sec. 565. Authorization of appropriations
``There is authorized to be appropriated to the Secretary for each
of fiscal years 2008, 2009, and 2010, $25,000,000 to carry out this
subchapter, including making grants under section 562(d) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``subchapter iv--outreach activities
``561. Outreach activities: coordination of activities within the
Department.
``562. Outreach activities: cooperative activities with States; grants
to States for improvement of outreach.
``563. Outreach activities: funding.
``564. Definition of outreach.
``565. Authorization of appropriations.''.
(c) Deadline for Implementation.--The Secretary of Veterans Affairs
shall implement the outreach activities required under subchapter IV of
chapter 5 of title 38, United States Code, as added by subsection (a),
by not later than 120 days after the date of the enactment of this Act.
Passed the House of Representatives May 23, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
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Veterans Outreach Improvement Act of 2007 - Directs the Secretary of Veterans Affairs to establish, maintain, and modify as necessary procedures for ensuring the effective coordination of outreach activities of the Department of Veterans Affairs between and among the Office of the Secretary, the Office of Public Affairs, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration.
Directs the Secretary to give priority to state and county outreach assistance in locations that: (1) have relatively large concentrations of veterans; or (2) are experiencing growth in veteran populations. Authorizes the Secretary to make grants to state or county veterans agencies for state and local outreach services. Requires each participating agency to submit annually to the Secretary a three-year plan for the use of such funds.
Authorizes appropriations.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Constitutional Rights Oversight
Act''.
SEC. 2. ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL FOR FEDERAL
COUNTERTERRORISM ACTIVITIES.
(a) Establishment as Independent Agency.--There is established as
an independent agency in the executive branch of the Government an
agency which shall be known as the ``Office of the Inspector General
for Counterterrorism Activities''.
(b) Purpose.--The purpose of the Office shall be to assure that
counterterrorism activities of Federal agencies are carried out in a
manner fully consistent with the requirements of the Constitution and
in particular with the constitutional rights of individuals or groups
of individuals who may be the subject of such counterterrorism
activities or who are members of a group that may be the subject of
such counterterrorism activities.
(c) Rule of Construction.--This Act shall be construed to ensure
the fullest protection of constitutional rights.
SEC. 3. INSPECTOR GENERAL FOR COUNTERTERRORISM ACTIVITIES.
(a) In General.--The Office shall be under the direction and
control of the Inspector General for Counterterrorism Activities.
(b) Appointment.--The Inspector General shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
report solely to the President. The term of the Inspector General shall
be 6 years.
(c) General Functions.--The Inspector General shall--
(1) protect against abuses of constitutional rights and
civil liberties in the conduct of Federal counterterrorism
activities, as provided in this Act; and
(2) with respect to counterterrorism agencies, perform all
functions that are performed under the Inspector General Act of
1978 (5 U.S.C. App.) with respect to establishments by
Inspectors General of establishments, without regard to section
8E of that Act.
(d) Powers.--For the purpose of performing any function authorized
under this Act, the Inspector General may exercise any power that is
available under the Inspector General Act of 1978 to an Inspector
General of an establishment, except that section 8E of that Act does
not apply to the Inspector General.
SEC. 4. FUNCTIONS RELATING TO PROTECTION OF CONSTITUTIONAL RIGHTS.
(a) Documents Related to Surveillance and Other Activities.--Each
Federal official submitting to a court or another official any request
for authorization for a search, wiretap, or other surveillance activity
to be conducted for counterterrorism purposes or for deportation of any
individual for reasons related to counterterrorism purposes shall as
soon as practicable provide to the Inspector General a copy of the
request together with all documents submitted to such court or official
in support of such request.
(b) Actions To Protect Constitutional Rights.--The Inspector
General may provide to any court or another official receiving a
request under subsection (a) a response to such request and may propose
that such court or official take such action in response to such
request as the Inspector General finds appropriate in order to assure
the protection of the constitutional rights of any person likely to be
affected by the granting of such request.
(c) Public Involvement.--(1) The Inspector General shall provide
for receipt and review of suggestions or complaints regarding the
consistency with constitutional requirements of the conduct of
counterterrorism activities by Federal agencies.
(2) The Inspector General may refer any suggestion or complaint
described in paragraph (1) to the appropriate Federal agency or
agencies. Any agency to which such a suggestion or complaint is
referred shall provide the Inspector General with a full and timely
response to such suggestion or complaint.
(d) Reports.--(1) The Inspector General shall submit to the
Congress and the President annual reports reviewing compliance by
counterterrorism agencies with protection of constitutional rights. The
Inspector General shall also submit such special reports as the
Inspector considers appropriate to promote full protection of
constitutional rights with respect to counterterrorism activities of
Federal agencies.
(2) The Inspector General shall submit, with any report under this
subsection that contains classified information, an unclassified
summary.
SEC. 5. RELATIONSHIP TO LAWS REQUIRING SECURITY CLEARANCE.
This Act shall not be considered or construed to affect any Federal
law that requires the Inspector General or any personnel of the Office
to obtain security clearance. The President shall take all steps
necessary to assure that the Inspector General and any personnel of the
Office are authorized, in accordance with those laws, to obtain all
information appropriate for full implementation of this Act and the
protection of constitutional rights.
SEC. 6. REFERENCES TO HEAD OF ESTABLISHMENT IN INSPECTOR GENERAL ACT OF
1978.
For purposes of sections 2 and 3(a), a reference in the Inspector
General Act of 1978 to the head of an establishment shall be treated as
a reference to the President.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``counterterrorism agency'' means any Federal
agency involved in counterterrorism activities.
(2) The term ``establishment'' has the meaning given that
term in section 11 of the Inspector General Act of 1978.
(3) Except to the extent the context indicates otherwise,
the term ``Inspector General'' means the Inspector General for
Counterterrorism Activities appointed under this Act.
(4) The term ``Office'' means the Office of the Inspector
General for Counterterrorism Activities established by this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
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Constitutional Rights Oversight Act - Establishes the Office of the Inspector General for Counterterrorism Activities as an independent agency in the executive branch of the Government. Mandates that the Office assure that counterterrorism activities of Federal agencies are carried out in a manner consistent with the requirements of the Constitution.
Establishes the position of Inspector General for Counterterrorism Activities, appointed by the President, to whom alone the Inspector General shall report.
Requires the Inspector General to: (1) protect against abuses of constitutional rights and civil liberties in the conduct of Federal counterterrorism activities; and (2) perform all functions under the Inspector General Act with respect to counterterrorism agencies.
Requires Federal officials submitting to a court or other official any request for authorization for surveillance activity for counterterrorism purposes to provide the Inspector General with a copy of such request along with any documents submitted in support of such request.
Authorizes the Inspector General to submit to any court or other official receiving such a request a response together with any proposals for appropriate action to ensure the constitutional rights of any person likely to be affected by the granting of such request.
Authorizes appropriations.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom and Self-Determination for
the Former Soviet Union Act''.
SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO RUSSIA.
(a) In General.--Foreign assistance may not be obligated or
expended for Russia for any fiscal year unless the President certifies
to the Congress for such fiscal year the following:
(1) The President has received satisfactory assurances from
the Government of Russia, which have been confirmed by the
Director of the Federal Bureau of Investigation, that the
intelligence activities of Russia in the United States are
confined to what is considered routine, non-adversarial
information gathering activities.
(2) Russia has begun, and is making continual progress
toward, the unconditional implementation of the Russian-
Moldovan troop withdrawal agreement, signed by the prime
ministers of Russia and Moldova on October 21, 1994.
(3) Russia is not providing military assistance to any
military forces in the Transdniestra region of Moldova.
(4) Russian troops in the Kaliningrad region of Russia are
respecting the sovereign territory of Lithuania and other
neighboring countries and such troops are not offensively
postured against any other country.
(5) The activities of Russia in the other independent
states of the former Soviet Union do not represent an attempt
by Russia to violate or otherwise diminish the sovereignty and
independence of such states.
(6) Russia is not providing military assistance to any
Bosnian Serb military units or combatants or to the Government
of the Federal Republic of Yugoslavia.
(7) The Government of Russia has ceased the unilateral
demarcation of the border between Russia and Estonia begun in
1994, is engaged in dialogue with the Government of Estonia to
resolve this border dispute, and has demonstrated a willingness
to submit this issue to international arbitration.
(8) Russia is not providing any intelligence information to
Cuba and is not providing any assistance to Cuba with respect
to the signal intelligence facility at Lourdes.
(9)(A) Russia is not providing to the countries described
in subparagraph (B) goods or technology, including conventional
weapons, which could materially contribute to the acquisition
by these countries of chemical, biological, nuclear, or
destabilizing numbers and types of advanced conventional
weapons.
(B) The countries described in this subparagraph are Iran,
Iraq, Syria, or any country, the government of which the
Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
app. 2405(6)(j)(1)), has repeatedly provided support for acts
of international terrorism.
(10) Russia is in compliance with the Convention on the
Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on Their
Destruction, signed at Washington, London, and Moscow on April
10, 1972 (TIAS 8062).
(11) Russia is in compliance with the 1989 Wyoming
Memorandum of Understanding relating to the restriction of
chemical weapons.
(12) The Government of Russia is committed to reforming the
Russian economy along free-market lines, and is taking concrete
steps in this direction.
(b) Certifications for Fiscal Year 1995 and 1996.--In addition to
the requirements contained in subsection (a), with respect to each of
the fiscal years 1995 and 1996, foreign assistance may not be obligated
or expended for Russia unless the President certifies to the Congress
for each such fiscal year that the Government of Russia--
(1) has ceased its military offensive in Chechnya and is
committed to resolving the problem of the status of Chechnya
through negotiations; and
(2) has provided the President with a full and accurate
accounting of the espionage activities relating to the case of
Aldrich Hazen Ames of the Central Intelligence Agency and has
reimbursed the United States Government for all amounts paid by
Russia to Rosario Ames since her arrest in 1994.
(c) Report.--The President shall submit to the Congress for each
fiscal year a report containing the certifications required by
subsection (a), and with respect to each of the fiscal years 1995 and
1996, subsections (a) and (b). Such report shall be submitted in
unclassified and classified versions.
SEC. 3. ANNUAL REPORTS.
At the beginning of each fiscal year, the President and the
Comptroller General of the United States shall each submit to the
Congress a report containing the following:
(1) The amount of foreign assistance provided to Russia for
the preceding fiscal year, including--
(A) the name of each organization or entity to
which such assistance was provided;
(B) the purpose of such assistance; and
(C) an assessment of the effectiveness of such
assistance.
(2) A detailed accounting of the amount of foreign
assistance appropriated for Russia which has not been expended
and the status of such assistance.
(3) An estimate of the total amount of capital exported
from Russia during the previous fiscal year and an analysis of
the reasons for the export of such capital.
SEC. 4. REQUIREMENT TO OPPOSE ASSISTANCE TO RUSSIA FROM INTERNATIONAL
FINANCIAL INSTITUTIONS.
The President shall instruct the United States executive director
of each international financial institution to use the voice and vote
of the United States to oppose any assistance from that financial
institution to Russia unless Russia is in compliance with the
requirements contained in section 2.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Foreign assistance.--The term ``foreign assistance''
means assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5801 et seq.), except that such term does not include--
(A) humanitarian assistance;
(B) educational and cultural exchanges between the
United States and Russia;
(C) assistance provided by the National Endowment
for Democracy; and
(D) assistance for the purpose of destroying
nuclear weapons, chemical weapons, and other weapons,
and related assistance.
(2) Goods or technology.--The term ``goods or technology''
has the meaning given such term in section 1608(3) of the Iran-
Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. 1701 note).
(3) International financial institution.--The term
``international financial institution'' means the European Bank
for Reconstruction and Development, the International Bank for
Reconstruction and Development, the International Development
Association, the International Financial Corporation, or the
International Monetary Fund.
(4) Other independent states of the former soviet union.--
The term ``other independent states of the former Soviet
Union'' means the following: Armenia, Azerbaijan, Belarus,
Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall apply only with respect to fiscal years beginning on or after the
date of the enactment of this Act.
(b) Exceptions.--In the case of the fiscal year in which this Act
is enacted--
(1) the prohibition contained in subsections (a) and (b) of
section 2 shall apply with respect to the obligation or
expenditure of foreign assistance on or after the date of the
enactment of this Act (including foreign assistance which has
been obligated but not expended before the date of the
enactment of this Act); and
(2) the requirement contained in section 4 shall apply with
respect to the provision of assistance by an international
financial institution on or after the date of the enactment of
this Act.
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Freedom and Self-Determination for the Former Soviet Union Act - Prohibits foreign assistance from being obligated or expended for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, which have been confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or to the Government of the Federal Republic of Yugoslavia; (6) the Russian Government has ceased the unilateral demarcation of the border between Russia and Estonia, is engaged in dialogue with Estonia to resolve the border dispute, and has demonstrated a willingness to submit this issue to international arbitration; (7) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes; (8) Russia is not providing goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons to Iran, Iraq, Syria, or other countries whose governments have provided support for international terrorism; (9) Russia is in compliance with a specified convention regarding biological weapons and the Wyoming Memorandum of Understanding on chemical weapons; and (10) Russia is committed to reforming the Russian economy along free-market lines.
Prohibits, with respect to FY 1995 and 1996, obligating or expending foreign assistance for Russia unless the President certifies to the Congress that the Russian Government has: (1) ceased its military offensive in Chechnya and is committed to resolving the status of Chechnya through negotiations; and (2) provided a full accounting of the espionage activities of Aldrich Ames and has reimbursed the United States for amounts paid to Rosario Ames since her arrest.
Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year and an analysis of reasons for such export.
Directs the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements.
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Create a condensed overview of the following text: SECTION 1. REPEAL OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) In General.--Chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 1211(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3811(a)(3)) is amended--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D)
as subparagraphs (A) through (C), respectively; and
(C) in subparagraph (A) (as so redesignated), by
striking ``any other provision of''.
(2) Section 1221(b)(3) of the Food Security Act of 1985 (16
U.S.C. 3821(b)(3)) is amended--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) through (D)
as subparagraphs (A) through (C), respectively; and
(C) in subparagraph (A) (as so redesignated), by
striking ``any other provision of''.
(3) Section 1235(f)(1)(D) of the Food Security Act of 1985
(16 U.S.C. 3835(f)(1)(D)) is amended by striking ``or the
environmental quality incentives program''.
(4) Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``(and fiscal year 2019 in the case
of the program specified in paragraph (5))'';
and
(ii) by striking paragraph (5);
(B) in subsection (b), by striking ``(and fiscal
year 2019 in the case of the program specified in
subsection (a)(5))'';
(C) in subsection (h)--
(i) in paragraph (1), in the matter
preceding subparagraph (A)--
(I) by striking ``funds'' and
inserting ``acres''; and
(II) by striking ``to carry out the
environmental quality incentives
program and the acres made available
for each of such fiscal years'';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;
and
(D) in subsection (i)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3)
through (6) as paragraphs (2) through (5),
respectively.
(5) Section 1244 of the Food Security Act of 1985 (16
U.S.C. 3844) is amended--
(A) in subsection (c)--
(i) in paragraph (1)(B), by adding ``and''
at the end;
(ii) in paragraph (2), by striking ``;
and'' and inserting a period; and
(iii) by striking paragraph (3); and
(B) in subsection (l), by striking ``D and the
environmental quality incentives program under chapter
4 of subtitle''.
(6) Section 1271A(1) of the Food Security Act of 1985 (16
U.S.C. 3871a(1)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(7) Section 344(f)(8) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1344(f)(8)) is amended in the proviso of the
first sentence by striking ``Act, the environmental quality
incentives program established under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985,'' and inserting
``Act''.
(8) Section 377 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1377) is amended in the first proviso by striking
``Act or the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985):'' and inserting ``Act):''.
(9) The last proviso of the matter under the heading
``conservation reserve program'' under the heading ``Soil Bank
Programs'' of title I of the Department of Agriculture and Farm
Credit Administration Appropriation Act, 1959 (7 U.S.C. 1831a),
is amended by striking ``(1) payments'' and all that follows
through ``or (2)''.
(10) Section 8(b) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)) is amended by striking
paragraph (1).
(11) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C))
is amended--
(A) by striking ``section, the'' and inserting
``section and the''; and
(B) by striking ``(16 U.S.C. 2101 et seq.)'' and
all that follows through ``or other'' and inserting
``(16 U.S.C. 2101 et seq.) or any other applicable''.
(12) Section 304 of the Lake Champlain Special Designation
Act of 1990 (33 U.S.C. 1270 note; Public Law 101-596) is
amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (c) (as so redesignated)--
(i) by striking ``(1) There'' in paragraph
(1) and all that follows through ``(2) There''
in paragraph (2) and inserting ``There''; and
(ii) by striking ``(b) and (c)'' and
inserting ``(a) and (b)''.
(13) Section 202 of the Colorado River Basin Salinity
Control Act (43 U.S.C. 1592) is amended by striking subsection
(c).
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This bill amends the Food Security Act of 1985 to repeal the Department of Agriculture Environmental Quality Incentives Program (EQIP). (EQIP provides financial and technical assistance for agricultural producers and land owners to implement certain conservation practices.)
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Global Warming Pollution
from Vehicles Act of 2008''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the State of California has regulated motor vehicle air
emissions more stringently than the Federal Government for more
than 40 years;
(2) in recognition of the pioneering role of the State in
protecting public health and welfare from motor vehicle
emissions, Congress enacted section 209(b) of the Clean Air Act
(42 U.S.C. 7543(b)) that allows the Administrator of the
Environmental Protection Agency (referred to in this Act as the
``Administrator'') to waive Federal preemption of motor vehicle
standards established by the State;
(3) on December 21, 2005, the State requested a waiver of
preemption under that Act for the regulation of the State to
control greenhouse gas emissions from motor vehicles;
(4) the regulation of the State requires a reduction in the
emissions of greenhouse gases from cars and light trucks sold
in the State;
(5) once a waiver is granted to the State of California for
that regulation, other States may adopt the vehicle emission
standards established by the State of California;
(6) as of the date of introduction of this Act--
(A) 14 other States have adopted or are adopting
the California standards, including Arizona,
Connecticut, Florida, Maine, Maryland, Massachusetts,
New Jersey, New Mexico, New York, Oregon, Pennsylvania,
Rhode Island, Vermont, and Washington;
(B) at least 4 additional States are moving toward
adopting the California standards, including Colorado,
Delaware, Illinois, and Utah; and
(C) taken together, those 19 States represent more
than half of the population of the United States;
(7) the comments submitted to the Administrator
overwhelmingly supported the request of the State of California
for a waiver;
(8) according to legal papers filed by the California
Attorney General, of the approximately 98,000 comments in the
docket of the Environmental Protection Agency, docket, more
than 99.9 percent supported the petition of the State;
(9) notwithstanding that support, on December 19, 2007,
Administrator Stephen Johnson took the extraordinary step of
denying the request of the State, dated December 21, 2005, for
the waiver;
(10) the flat denial by the Administrator of the waiver
request was unprecedented;
(11) according to the Congressional Research Service, the
State of California has requested waivers of preemption under
section 209(b) of the Clean Air Act (42 U.S.C. 7543(b)) for
vehicle emission standards more than 50 times since that
provision was enacted, and the Administrator has never outright
denied such a request, but instead always granted the requests,
in whole or in part;
(12) the denial of the Administrator of the waiver
reportedly overrode the overwhelming evidence presented by the
technical and legal staff of the Environmental Protection
Agency;
(13) the Administrator sought to justify the denial of the
waiver by arguing that the waiver would create a ``confusing
patchwork'' of State regulations;
(14) in fact, no such patchwork would result from the
granting of the waiver because, under the Clean Air Act (42
U.S.C. 6401 et seq.), if the waiver were granted, there would
continue to be 2 standards for vehicles, as there have been for
30 years--a weaker Federal standard, and a more stringent
California standard adopted by many States across the United
States;
(15) the benefits of permitting the State of California to
establish more stringent vehicle standards, which are
subsequently adopted by other States, are well documented;
(16) the National Academy of Sciences found in 2006 that in
``forcing technology development, California has been a
laboratory for emissions-control innovations. . . . The
original reasons for which Congress authorized California to
have a separate set of standards remain valid. . . . California
should continue its pioneering role in setting mobile-source
emissions standards. The role will aid the State's efforts to
achieve air quality goals and will allow it to continue to be a
proving ground for new emissions-control technologies that
benefit California and the rest of the Nation.'';
(17) the Administrator also sought to justify the denial of
the waiver by arguing that the national fuel economy standards
for vehicles enacted by the Energy Independence and Security
Act of 2007 (Public Law 110-140) would be ``more effective'' at
reducing emissions than the California standards;
(18) however, an analysis by the California Air Resources
Board shows that the California standards, once fully adopted,
would result, by 2020, in approximately twice as large a
cumulative reduction of carbon dioxide emissions in California
as, and more than an 80 percent greater reduction in carbon
dioxide emissions nationally than, would be achieved under the
Federal program;
(19) the argument of the Administrator that national fuel
economy standards eliminate the need for vehicle greenhouse gas
emission controls also runs counter to the analysis of the
Supreme Court in the landmark April 2007 decision of
Massachusetts v. Environmental Protection Agency (127 S. Ct.
1438), in which the Supreme Court--
(A) rejected the argument of the Administrator that
the authority of the Department of Transportation to
regulate vehicle fuel efficiency undercuts the
authority of the Administrator to regulate greenhouse
gases from vehicles; and
(B) noted that the fact ``that DOT [the Department
of Transportation] sets mileage standards in no way
licenses EPA [the Environmental Protection Agency] to
shirk its environmental responsibilities. EPA has been
charged with protecting the public's `health' and
`welfare,' . . . a statutory obligation wholly
independent of DOT's mandate to promote energy
efficiency . . . The two obligations may overlap, but
there is no reason to think the two agencies cannot
both administer their obligations and yet avoid
inconsistency.''; and
(20) it is the sense of Congress that the denial by the
Administrator of the request by the State of California for the
waiver is not supported by science, precedent, or applicable
law.
(b) Purposes.--The purposes of this Act are--
(1) to permit the State of California and other States to
immediately proceed under the regulation of the State of
California to control greenhouse gas emissions from motor
vehicles, rather than forcing the States to litigate for what
could be several years to vindicate their rights, while climate
change continues to threaten public health and the environment;
and
(2) to provide certainty to automakers, the States, and the
public about future regulatory requirements for greenhouse gas
emissions from motor vehicles.
SEC. 3. WAIVER OF PREEMPTION FOR CALIFORNIA GREENHOUSE GAS EMISSION
REGULATION FOR VEHICLES.
Section 209 of the Clean Air Act (42 U.S.C. 7543) is amended by
adding at the end the following:
``(f) Waiver.--Notwithstanding subsection (b) or any other
provision of law, the application for a waiver of preemption dated
December 21, 2005, submitted to the Administrator pursuant to
subsection (b) by the State of California for the regulation of that
State to control greenhouse gas emissions from motor vehicles shall be
considered to be approved.''.
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Reducing Global Warming Pollution from Vehicles Act of 2008 - Amends the Clean Air Act to approve the application of the state of California for a waiver of federal preemption of its motor vehicle emission standards.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as ``The Consumer Access to Prescription
Drugs Act of 1995''.
SEC. 2. APPROVAL AND MARKETING OF GENERIC DRUGS.
(a) Approval of Applications.--For purposes of acceptance and
consideration by the Secretary of an application under subsections (b),
(c), and (j) of section 505, and subsections (b), (c), and (n) of
section 512, of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355
(b), (c), and (j), and 360b (b), (c), and (n)), the expiration date of
a patent that is the subject of a certification under section
505(b)(2)(A) (ii), (iii), or (iv), section 505(j)(2)(A)(vii) (II),
(III), or (IV), or section 512(n)(1)(H) (ii), (iii), or (iv),
respectively, made in an application submitted prior to June 8, 1995,
or in an application submitted on or after that date in which the
applicant certifies that substantial investment was made prior to June
8, 1995, shall be deemed to be the date on which such patent would have
expired under the law in effect on the day preceding December 8, 1994.
(b) Right To Market.--The remedies of section 271(e)(4) of title
35, United States Code, shall not apply to acts which--
(1) were commenced or for which a substantial investment
was made prior to June 8, 1995; and
(2) became infringing by reason of section 154(c)(1) of
such title, as amended by section 532 of the Uruguay Round
Agreements Act (Public Law 103-465; 108 Stat. 4983).
(c) Equitable Remuneration.--For acts described in subsection (b),
equitable remuneration of the type described in section 154(c)(3) of
title 35, United States Code, as amended by section 532 of the Uruguay
Round Agreements Act (Public Law 103-465; 108 Stat. 4983) may be
awarded to a patentee only if there has been--
(1) the commercial manufacture, use, offer to sell, or
sale, within the United States of an approved drug that is the
subject of an application described in subsection (a); or
(2) the importation into the United States of an approved
drug that is the subject of an application described in
subsection (a).
SEC. 3. DEFINITIONS.
(a) Acts Which Were Commenced.--The submission of an application
for approval of a drug under section 505(b)(2), 505(j), 507, or 512(n),
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) and
(j), 357, and 360b(n)) prior to June 8, 1995, or the subsequent making,
using, offering to sell, selling, or importing of the drug which is the
subject of the application, shall constitute acts which were commenced
prior to June 8, 1995, as that term is used in this Act and in section
154(c)(2) of title 35, United States Code, as amended by section 532 of
the Uruguay Round Agreements Act (Public Law 103-465; 108 Stat. 4983).
A person who submits such application, and a person who supplied any
active ingredient used by such person in such drug, shall be deemed to
have performed acts which were commenced prior to June 8, 1995.
(b) Substantial Investment.--The development of a product
formulation and the manufacture of an experimental batch of a drug that
becomes the subject of an application, or the initiation of stability
or bioequivalency studies, by an applicant referred to in section
505(b)(2), 505(j), or 512(n), or by a manufacturer of a drug referred
to in section 507, of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355 (b)(2) and (j), 360b(n), and 357) shall constitute
substantial investment, as that term is used in this Act and in section
154(c)(2)(A) of title 35, United States Code, as amended by section 532
of the Uruguay Round Agreements Act (Public Law 103-465; 108 Stat.
4983). A person who supplied any active ingredient used by such
applicant in such drug or by such manufacturer in such drug shall be
deemed to have made substantial investment by having supplied the
active ingredient to such applicant or such manufacturer.
SEC. 4. APPLICABILITY.
(a) Applicability to Approval of Applications.--The provisions of
this Act shall govern--
(1) the approval or the effective date of approval of
applications under section 505(b)(2), 505(j), 507, or 512(n),
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355
(b)(2) and (j), 357, and 360b(n)) submitted on or after the
date of enactment of this Act; and
(2) the approval or effective date of approval of all
pending applications that have not received final approval as
of the date of enactment of this Act.
(b) Applicability in Judicial Proceedings.--The provisions of this
Act shall apply in any action that--
(1) relates to the approval or marketing of a drug or the
infringement of a patent; and
(2)(A) is brought in a Federal or State court on or after
the date of enactment of this Act; or
(B) is brought in a Federal or State court prior to the
date of enactment of this Act and pending on such date.
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Consumer Access to Prescription Drugs Act of 1995 - Regulates the patent expiration date regarding new drug and new animal drug applications submitted before June 8, 1995 (or submitted after that date but with substantial investment before that date). Declares that the remedies of certain patent provisions shall not apply to acts that were commenced (or that had substantial investment) before that date and that became infringing by reason of specified provisions of the Uruguay Round Agreements Act. Restricts the circumstances in which equitable remuneration may be awarded. Sets forth what constitutes: (1) acts commenced prior to that date; and (2) substantial investment. Specifies the application approval and judicial circumstances to which this Act applies.
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Provide a summary of the following text: SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Presidential War
Powers and Civil Liberties (hereinafter in this Act referred to as the
``Commission'') to investigate the broad range of policies of the
Administration of President George W. Bush that were undertaken under
claims of unreviewable war powers, including detention by the United
States Armed Forces and the intelligence community, the use by the
United States Armed Forces or the intelligence community of enhanced
interrogation techniques or interrogation techniques not authorized by
the Uniform Code of Military Justice, ``ghosting'' or other policies
intended to conceal the fact that an individual has been captured or
detained, extraordinary rendition, domestic warrantless electronic
surveillance, and other policies that the Commission may determine to
be relevant to its investigation (hereinafter in this Act referred to
as ``the activities'').
SEC. 2. DUTIES.
(a) In General.--The Commission shall--
(1) investigate relevant facts, circumstances and law
surrounding the activities; and
(2) report to the President and Congress the findings and
conclusions of the Commission and any recommendations the
Commission considers appropriate.
(b) Consideration and Use of Other Investigations.--In carrying out
its duties, the Commission shall consider and use, to the extent it
deems appropriate, the investigations that have been conducted by other
entities so as to avoid unnecessary duplication.
(c) Protection of National Security.--The Commission shall carry
out its duties in a manner consistent with the need to protect national
security.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 9 members, of whom--
(1) 1 member shall be appointed by the President of the
United States;
(2) 2 members shall be appointed by the majority leader of
the Senate;
(3) 2 members shall be appointed by the minority leader of
the Senate;
(4) 2 members shall be appointed by the majority leader of
the House of Representatives; and
(5) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--No member of the
Commission shall 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 such professions as
governmental service, law enforcement, the armed services,
constitutional law, civil liberties, intelligence gathering,
national security, and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission should be appointed within 120 days after the date
of enactment of this Act.
(5) Initial meeting.--If, 60 days after the date of
enactment of this Act, six or more members of the Commission
have been appointed, those members who have been appointed may
meet and, if necessary, select a temporary Chairperson and Vice
Chairperson, who may begin the operations of the Commission,
including the hiring of staff.
(6) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairperson or a
majority of its members. Five members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(c) Chairperson; Vice Chairperson.--
(1) In general.--Subject to the requirement of paragraph
(2), the Chairperson shall be appointed by the President and
the Vice Chairperson of the Commission shall be appointed by
the Senate minority leader.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--The Commission may, by a majority
vote, issue subpoenas requiring the attendance and
testimony of witnesses and the production of any
evidence relating to any matter that the Commission is
empowered to investigate under this section. The
attendance of witnesses and the production of evidence
may be required from any place within the United States
at any designated place of hearing within the United
States.
(B) Signature.--Subpoenas issued under this
paragraph may be issued under the signature of the
Chair of the Commission, the chair of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission and may be
served by any person designated by such Chair,
subcommittee chair, or member.
(2) Enforcement.--
(A) In general.--If a person refuses to obey a
subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order
requiring that person to appear before the Commission
to give testimony, produce evidence, or both, relating
to the matter under investigation. The application may
be made within the judicial district where the hearing
is conducted or where that person is found, resides, or
transacts business. Any failure to obey the order of
the court may be punished by the court as civil
contempt.
(B) Jurisdiction.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
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 a
contempt of that court.
(C) Additional enforcement.--In the case of the
failure of a witness to comply with any subpoena or to
testify when summoned under authority of paragraph (1),
the Commission, by majority vote, may certify a
statement of fact attesting to such failure to the
appropriate United States attorney, who shall bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(c) Closed Meetings.--Notwithstanding any other provision of law
which would require meetings of the Commission to be open to the
public, any portion of a meeting of the Commission may be closed to the
public if the President determines that such portion is likely to
disclose matters that could endanger national security.
(d) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(e) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(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 are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(h) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, 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.
SEC. 5. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The 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, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no 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. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 6. 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 be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
SEC. 8. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress an initial report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) Final Report.--Not later than 6 months after the submission of
the initial report of the Commission, the Commission shall submit to
the President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this Act $3,000,000, to remain available until expended or the
Commission is terminated.
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Establishes the National Commission on Presidential War Powers and Civil Liberties to investigate, and report to the President and Congress on, the broad range of policies of the Bush Administration that were undertaken under claims of unreviewable war powers, including: (1) detention by the Armed Forces and the intelligence community; (2) the use by such entities of enhanced interrogation techniques or techniques not authorized by the Uniform Code of Military Justice; (3) "ghosting" or other policies intended to conceal an individual's capture or detention; (4) extraordinary rendition; and (5) domestic warrantless electronic surveillance.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Permanent Residents Act
of 1999''.
SEC. 2. LIMITING THE DISQUALIFICATION, BASED ON COMMISSION OF CERTAIN
AGGRAVATED FELONIES, FROM CANCELLATION OF REMOVAL FOR
PERMANENT RESIDENTS.
(a) In General.--Section 240A(a) of the Immigration and Nationality
Act (8 U.S.C. 1229b(a)) is amended to read as follows:
``Sec. 240A. (a) Cancellation of Removal for Certain Permanent
Residents.--
``(1) In general.--The Attorney General may cancel removal
in the case of an alien who is inadmissible or deportable from
the United States if the alien--
``(A) has been an alien lawfully admitted for
permanent residence for not less than 5 years;
``(B) has resided in the United States continuously
for 7 years after having been admitted in any status;
and
``(C) has not been convicted of any aggravated
felony.
``(2) Limiting application of certain modifications to
aggravated felony definition.--
``(A) In general.--An alien described in
subparagraph (B) who is otherwise qualified may request
the Attorney General to exercise the discretion granted
under paragraph (1) as if the following provisions had
not been enacted:
``(i) Paragraphs (4) through (6) of section
440(e) of the Antiterrorism and Effective Death
Penalty Act of 1996 (110 Stat. 1278).
``(ii) Section 440(e)(8) of the
Antiterrorism and Effective Death Penalty Act
of 1996 (110 Stat. 1278), as applied only with
respect to the addition of subparagraphs (R)
and (T) of section 101(a)(43) of this Act.
``(iii) Paragraphs (7), (9), and (10) of
section 321(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(110 Stat. 3009-628).
``(iv) Section 321(a)(3) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-627), as applied
only with respect to subparagraphs (F), (G),
and (P) of section 101(a)(43) of this Act.
``(v) Section 440(e)(1) of the
Antiterrorism and Effective Death Penalty Act
of 1996 (110 Stat. 1277), and section 321(a)(4)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009-
627), as applied only to an offense described
in section 1955 of title 18, United States Code
(relating to gambling offenses).
``(vi) Section 321(b) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-628), as applied
only with respect to subparagraphs (F), (G),
(M), (P), (Q), (R), (T), and (U) of section
101(a)(43) of this Act, and with respect to
subparagraph (J) of such section (but only to
the extent subparagraph (J) relates to an
offense described in section 1955 of title 18,
United States Code).
``(B) Alien described.--An alien described in this
subparagraph is an alien who--
``(i) was convicted of one aggravated
felony that is not a serious violent felony (as
defined in section 3559(c)(2)(F) of title 18,
United States Code);
``(ii) as a direct result of such
conviction, is the subject of a removal
proceeding--
``(I) the commencement of which
would not have been authorized but for
the enactment of one or more of the
provisions described in clauses (i)
through (vi) of subparagraph (A); or
``(II) with respect to which the
alien would have satisfied the
requirements for the application of
discretion granted to the Attorney
General under paragraph (1) but for the
enactment of one or more of such
provisions;
``(iii) has never been convicted of any
felony other than the felony described in
clause (i); and
``(iv) disregarding such felony, has been a
person of good moral character during all
periods of residence in the United States.
``(C) No danger to persons or property.--In the
case of an alien convicted of an aggravated felony
involving violence, the Attorney General may exercise
the discretion described in subparagraph (A) only after
making a written determination that the action poses no
danger to the safety of persons or property. The duty
of the Attorney General under this subparagraph may not
be delegated to any officer or employee of the
Department of Justice other than an Assistant Attorney
General, a Deputy Attorney General, an Associate
Attorney General, or any other attorney assigned to the
Office of the Attorney General or an office of an
Assistant Attorney General, a Deputy Attorney General,
or an Associate Attorney General.
``(D) Applications.--An alien may file only one
application for relief under this paragraph. Such
application shall be filed not later than 60 days after
the commencement of the removal proceeding described in
subparagraph (B)(ii).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
convictions entered on or after such date.
SEC. 3. DISCRETION TO GRANT RELIEF TO CERTAIN OTHER PERMANENT
RESIDENTS.
(a) Establishment of Process.--Notwithstanding section 240(c)(6) of
the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen proceedings under such
Act, the Attorney General shall establish a process (whether through
permitting the reopening of a proceeding described in subsection (b)(2)
or otherwise) under which an alien described in subsection (b) who is
otherwise qualified may request the Attorney General to exercise the
discretion granted under the authorities described in subsection (c) as
if the following provisions had not been enacted:
(1) Paragraphs (4) through (6) of section 440(e) of the
Antiterrorism and Effective Death Penalty Act of 1996 (110
Stat. 1278).
(2) Section 440(e)(8) of the Antiterrorism and Effective
Death Penalty Act of 1996 (110 Stat. 1278), as applied only
with respect to the addition of subparagraphs (R) and (T) of
section 101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)).
(3) Paragraphs (7), (9), and (10) of section 321(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (110 Stat. 3009-628).
(4) Section 321(a)(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as
applied only with respect to subparagraphs (F), (G), and (P) of
section 101(a)(43) of the Immigration and Nationality Act.
(5) Section 440(e)(1) of the Antiterrorism and Effective
Death Penalty Act of 1996 (110 Stat. 1277), and section
321(a)(4) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009-627), as applied
only to an offense described in section 1955 of title 18,
United States Code (relating to gambling offenses).
(6) Section 321(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (110 Stat. 3009-628), as
applied only with respect to subparagraphs (F), (G), (M), (P),
(Q), (R), (T), and (U) of section 101(a)(43) of the Immigration
and Nationality Act, and with respect to subparagraph (J) of
such section (but only to the extent subparagraph (J) relates
to an offense described in section 1955 of title 18, United
States Code).
(b) Alien Described.--An alien described in this subsection is an
alien who--
(1) was convicted before the date of the enactment of this
Act of one aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)))
that is not a serious violent felony (as defined in section
3559(c)(2)(F) of title 18, United States Code);
(2) as a direct result of such conviction, is the subject
of a proceeding--
(A) the commencement of which would not have been
authorized but for the enactment of one or more of the
provisions described in paragraphs (1) through (6) of
subsection (a); or
(B) with respect to which the alien would have
satisfied the requirements for the application of
discretion granted to the Attorney General under one or
more of the authorities described in subsection (c) but
for the enactment of one or more of such provisions;
(3) is lawfully admitted for permanent residence (as
defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)));
(4) has never been convicted of any felony other than the
felony described in paragraph (1); and
(5) disregarding such felony, has been a person of good
moral character (as defined in section 101(f) of the
Immigration and Nationality Act (8 U.S.C. 1101(f)) during all
periods of residence in the United States.
(c) Authorities.--The provisions referred to in this subsection are
the following:
(1) Section 240A(a) of the Immigration and Nationality Act
(8 U.S.C. 1229b(a)).
(2) Section 212(c) of the Immigration and Nationality Act
(as in effect on March 31, 1997).
(3) Section 244(a) of the Immigration and Nationality Act
(as in effect on March 31, 1997).
(d) No Danger to Persons or Property.--In the case of an alien
convicted of an aggravated felony involving violence, the Attorney
General may exercise the discretion described in subsection (a) only
after making a written determination that the action poses no danger to
the safety of persons or property. The duty of the Attorney General
under this subsection may not be delegated to any officer or employee
of the Department of Justice other than an Assistant Attorney General,
a Deputy Attorney General, an Associate Attorney General, or any other
attorney assigned to the Office of the Attorney General or an office of
an Assistant Attorney General, a Deputy Attorney General, or an
Associate Attorney General.
(e) Applications.--The process established under subsection (a)--
(1) shall permit an alien to file only one application
pursuant to this section; and
(2) in the case of a proceeding described in subsection
(b)(2) that is commenced after the date of the enactment of
this Act, shall require that such application be filed not
later than 60 days after such commencement.
SEC. 4. MODIFICATION OF CERTAIN PROVISIONS ON DETENTION AND RELEASE OF
ALIENS.
(a) Detention and Release of Criminal Aliens Pending Removal
Decision.--Section 236(c) of the Immigration and Nationality Act (8
U.S.C. 1226(c)) is amended--
(1) by adding at the end the following:
``(3) Release from custody.--Notwithstanding paragraph (2)
or any other provision of this section, the Attorney General
may release any alien described in paragraph (1) if the
Attorney General determines that the alien does not pose a
danger to society, does not pose a flight risk, and is likely
to comply with any terms of supervision that are imposed and
any subsequent order of removal. If released, the alien shall
be subject to supervision under regulations prescribed by the
Attorney General that include the provisions specified in
subparagraphs (A) through (D) of section 241(a)(3).''; and
(2) by amending subsection (e) to read as follows:
``(e) Administrative and Judicial Review.--
``(1) Administrative review.--A decision under this section
relating to the release of any alien described in subsection
(c)(1) shall be subject to review by the United States Board of
Immigration Appeals of the Department of Justice. The preceding
sentence shall not be construed as limiting any administrative
review otherwise available under law of any action or decision
under this section.
``(2) Judicial review.--The Attorney General's
discretionary judgment regarding the application of this
section shall not be subject to review. No court may set aside
any action or decision by the Attorney General under this
section regarding the detention or release of any alien or the
grant, revocation, or denial of bond or parole.''.
(b) Detention of Inadmissible or Criminal Aliens Ordered Removed.--
Section 241(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1231(a)(6)) is amended to read as follows:
``(6) Inadmissible or criminal aliens.--
``(A) In general.--An alien ordered removed who is
inadmissible under section 212, removable under section
237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has been
determined by the Attorney General to be a risk to the
community or unlikely to comply with the order of
removal, may be detained beyond the removal period for
a reasonable period of time, not to exceed 3 months
after the termination of such period, in order to allow
for ongoing negotiations between the United States and
a foreign state or states. If such an alien is
released, the alien shall be subject to the terms of
supervision in paragraph (3). During such 3-month
period, the Attorney General shall release the alien
upon a showing that the alien does not pose a danger to
society, does not pose a flight risk, and is likely to
comply with the removal order.
``(B) Release.--Notwithstanding any other provision
of this section, if the Attorney General determines
that an alien ordered removed who is inadmissible under
section 212 or removable under section 237(a)(1)(C),
237(a)(2), or 237(a)(4) does not pose a danger to
society, does not pose a flight risk, and is likely to
comply with the removal order, the Attorney General
shall release the alien after the removal period. If
released, the alien shall be subject to the terms of
supervision in paragraph (3).
``(C) Administrative review.--A decision under this
paragraph relating to the release of any alien shall be
subject to review by the United States Board of
Immigration Appeals of the Department of Justice. The
preceding sentence shall not be construed as limiting
any administrative review otherwise available under law
of any action or decision under this section.''.
(c) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208;
110 Stat. 3009-546) and shall apply to individuals with convictions
entered before, on, or after the date of the enactment of this Act.
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Directs the Attorney General to establish a process for discretionary waiver of inadmissibility or deportation of specified aliens under similar circumstances as above.
Authorizes the supervised release of certain aliens from detention pending removal decisions. Subjects such decision (by the Attorney General) to administrative review only. Authorizes not more than three months' additional detention for inadmissible or criminal aliens deemed to be a risk in order to allow for removal negotiations between the United States and a foreign nation. Revises related release provisions.
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Change the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USA PATRIOT
Reauthorization and Additional Weapons Against Terrorism Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--USA PATRIOT REAUTHORIZATION ACT OF 2009
Sec. 101. Short title.
Sec. 102. USA Patriot Improvement and Reauthorization Act repeal of
sunset provisions.
Sec. 103. Repeal of sunset relating to individual terrorists as agents
of foreign powers.
TITLE II--CLASSIFIED INFORMATION PROCEDURES REFORM ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Ex parte authorizations under the Classified Information
Procedures Act.
Sec. 204. Application of Classified Information Procedures Act to
nondocumentary information.
Sec. 205. Interlocutory appeals under the Classified Information
Procedures Act.
TITLE III--ADDITIONAL GOVERNMENT WEAPONS AGAINST TERRORISM ACT
Sec. 301. Short title.
Sec. 302. Prevention and deterrence of material support for terrorist
suicide bombings.
Sec. 303. Prohibiting attempts and conspiracies to obtain military-type
training from a foreign terrorist
organization.
Sec. 304. Prohibiting use of false travel documents.
Sec. 305. Preventing unwarranted release of convicted terrorists and
sex offenders pending sentencing or appeal.
TITLE I--USA PATRIOT REAUTHORIZATION ACT OF 2009
SEC. 101. SHORT TITLE.
This title may be cited as the ``USA PATRIOT Reauthorization Act of
2009''.
SEC. 102. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT REPEAL OF
SUNSET PROVISIONS.
Section 102(b) of the USA PATRIOT Improvement and Reauthorization
Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861
note, and 50 U.S.C. 1862 note) is repealed.
SEC. 103. REPEAL OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS
OF FOREIGN POWERS.
Section 6001(b) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note) is repealed.
TITLE II--CLASSIFIED INFORMATION PROCEDURES REFORM ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Classified Information Procedures
Reform Act of 2009''.
SEC. 202. DEFINITIONS.
(a) In General.--Section 1 of the Classified Information Procedures
Act (18 U.S.C. App.) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) `Disclosure', as used in this Act--
``(1) means the release, transmittal, or making available
of, or providing access to, classified information to any
person (including a defendant or counsel for a defendant)
during discovery, or to a participant or member of the public
at any proceeding; and
``(2) does not include the release, transmittal, or making
available of, or providing access to, classified information by
the defendant to an attorney representing the defendant in a
matter who has received--
``(A) the necessary security clearance to receive
the classified information; and
``(B) if the classified information has been
designated as sensitive compartmented information or
special access program information, any additional
required authorization to receive the classified
information.''.
(b) Technical and Conforming Amendment.--Section 501(3) of the
Immigration and Nationality Act (8 U.S.C. 1531(3)) is amended by
striking ``section 1(b)'' and inserting ``section 1''.
SEC. 203. EX PARTE AUTHORIZATIONS UNDER THE CLASSIFIED INFORMATION
PROCEDURES ACT.
Section 4 of the Classified Information Procedures Act (18 U.S.C.
App.) is amended--
(1) in the second sentence--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``authorization in the form of a
written statement to be inspected'' and inserting
``authorization, together with any argument in support
of that request, in the form of a statement made ex
parte and to be considered''; and
(2) in the third sentence--
(A) by striking ``If the court enters an order
granting relief following such an ex parte showing,
the'' and inserting ``The''; and
(B) inserting ``, and the transcript of any
argument and any summary of the classified information
the defendant seeks to obtain,'' after ``text of the
statement of the United States''.
SEC. 204. APPLICATION OF CLASSIFIED INFORMATION PROCEDURES ACT TO
NONDOCUMENTARY INFORMATION.
Section 4 of the Classified Information Procedures Act (18 U.S.C.
App.), as amended by section 203 of this Act, is amended--
(1) in the section heading, by inserting ``and access to''
after ``of'';
(2) by inserting ``(a) In General.--'' before ``The court,
upon''; and
(3) by adding the following at the end the following:
``(b) Access to Other Classified Information.--(1) If the defendant
seeks access through deposition under the Federal Rules of Criminal
Procedure or otherwise to nondocumentary information from a potential
witness or other person which the defendant knows or reasonably
believes is classified, the defendant shall notify the attorney for the
United States and the district court in writing. Such notice shall
specify with particularity the classified information sought by the
defendant and the legal basis for such access. At a time set by the
court, the United States may oppose such access to the classified
information.
``(2) If, after consideration of any objection raised by the United
States, including any objection asserted on the basis of privilege, the
court determines that the defendant is legally entitled to have access
to the information specified in a notice made under paragraph (1), the
United States may request the substitution of a summary of the
classified information or the substitution of a statement admitting
relevant facts that the classified information would tend to prove.
``(3) The court shall permit the United States to make an objection
to access to classified information under paragraph (1) or a request
for a substitution under paragraph (2) in the form of a statement made
ex parte and to be considered by the court alone. The entire text of
the statement of the United States, and any summary of the classified
information the defendant seeks to obtain, shall be sealed and
preserved in the records of the court and made available to the
appellate court in the event of an appeal.
``(4) A court shall grant the request of the United States to
substitute a summary of the classified information or to substitute a
statement admitting relevant facts that the classified information
would tend to prove under paragraph (2) if the court finds that the
summary or statement will provide the defendant with substantially the
same ability to make a defense as would disclosure of the specific
classified information.
``(5) A defendant may not obtain access to classified information
subject to this subsection except as provided in this subsection. Any
proceeding, whether by deposition under the Federal Rules of Criminal
Procedure or otherwise, in which a defendant seeks to obtain access to
classified information subject to this subsection not previously
authorized by a court for disclosure under this subsection shall be
discontinued or may proceed only as to lines of inquiry not involving
the classified information.''.
SEC. 205. INTERLOCUTORY APPEALS UNDER THE CLASSIFIED INFORMATION
PROCEDURES ACT.
Section 7(a) of the Classified Information Procedures Act (18
U.S.C. App.) is amended by adding the following at the end: ``The right
of the United States to appeal under this subsection applies without
regard to whether the order appealed from was entered under this
Act.''.
TITLE III--ADDITIONAL GOVERNMENT WEAPONS AGAINST TERRORISM ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Additional Government Weapons
Against Terrorism Act of 2009''.
SEC. 302. PREVENTION AND DETERRENCE OF MATERIAL SUPPORT FOR TERRORIST
SUICIDE BOMBINGS.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Providing material support to international terrorism
``(a) Definitions.--In this section--
``(1) the term `facility of interstate or foreign commerce'
has the meaning given that term in section 1958;
``(2) the term `material support or resources' has the
meaning given that term in section 2339A;
``(3) the term `perpetrator of an act' includes any person
who--
``(A) commits the act;
``(B) aids, abets, counsels, commands, induces, or
procures the commission of the act; or
``(C) attempts, plots, or conspires to commit the
act; and
``(4) the term `serious bodily injury' has the meaning
given that term in section 1365.
``(b) Prohibition.--Whoever, in a circumstance described in
subsection (c), provides, or attempts or conspires to provide, material
support or resources to the perpetrator of an act of international
terrorism, to a family member of the perpetrator of an act of
international terrorism perpetrator, or to any other person, with the
intent to facilitate, reward, or encourage that act or other acts of
international terrorism, shall be fined under this title, imprisoned
not more than 15 years, or both, and, if death results, shall be
imprisoned for any term of years or for life.
``(c) Jurisdictional Bases.--A circumstance referred to in this
subsection is that--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had the act been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;
``(5) an offender intends to facilitate, reward, or
encourage an act of international terrorism that is designed to
influence the policy or affect the conduct of the United States
Government;
``(6) an offender intends to facilitate, reward, or
encourage an act of international terrorism that occurs in part
within the United States and is designed to influence the
policy or affect the conduct of a foreign government;
``(7) an offender intends to facilitate, reward, or
encourage an act of international terrorism that causes or is
designed to cause death or serious bodily injury to a national
of the United States while that national is outside the United
States, or substantial damage to the property of a legal entity
organized under the laws of the United States (including any
State, district, commonwealth, territory, or possession of the
United States) while that property is outside of the United
States;
``(8) the offense occurs in whole or in part within the
United States, and an offender intends to facilitate, reward,
or encourage an act of international terrorism that is designed
to influence the policy or affect the conduct of a foreign
government; or
``(9) the offense occurs in whole or in part outside of the
United States, and an offender is a national of the United
States, a stateless person whose habitual residence is in the
United States, or a legal entity organized under the laws of
the United States (including any State, district, commonwealth,
territory, or possession of the United States).''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
113B of title 18, United States Code, is amended by adding at
the end the following:
``2339D. Receiving military-type training from a foreign terrorist
organization.
``2339E. Providing material support to international terrorism.''.
(2) Other amendment.--Section 2332b(g)(5)(B)(i) of title
18, United States Code, is amended by inserting ``2339E
(relating to providing material support to international
terrorism),'' before ``or 2340A (relating to torture)''.
SEC. 303. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE
TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
Section 2339D(a) of title 18, United States Code, is amended by
inserting ``, or attempts or conspires to do so,'' after ``foreign
terrorist organization''.
SEC. 304. PROHIBITING USE OF FALSE TRAVEL DOCUMENTS.
(a) In General.--Section 1028 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``false travel
documents,'' after ``identification documents,'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``or a false
identification document'' and inserting ``false
identification document, or false travel document'';
(B) in paragraph (2), by striking ``or a false
identification document'' and inserting ``false
identification document, or false travel document'';
(C) in paragraph (3), by striking ``or false
identification documents'' and inserting ``false
identification documents, or false travel documents'';
(D) in paragraph (5), by inserting ``, false travel
document,'' after ``false identification document'';
and
(E) in paragraph (8), by inserting ``false travel
documents,'' after ``false identification documents,'';
(3) in subsection (b)--
(A) in paragraph (1)(B), by striking ``or false
identification documents'' and inserting ``false
identification documents, or false travel documents'';
and
(B) in paragraph (2)(A)--
(i) by striking ``document,,'' and
inserting ``document,''; and
(ii) by striking ``or a false
identification document'' and inserting ``a
false identification document, or a false
travel document'';
(4) in subsection (c)(3)(B), by inserting ``false travel
document,'' after ``false identification document,'';
(5) in subsection (d)--
(A) in paragraph (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) the term `false travel document' means a document
issued for the use of a particular, identified individual and
of a type intended or commonly accepted for the purposes of
passage on a commercial aircraft or mass transportation
vehicle, including a ticket or boarding pass, that--
``(A) was not issued by or under the authority of a
commercial airline or mass transportation provider, but
appears to be issued by or under the authority of a
commercial airline or mass transportation provider; or
``(B) was issued by or under the authority of a
commercial airline or mass transportation provider, and
was subsequently altered for purposes of deceit.''; and
(6) in subsection (h), by inserting ``false travel
documents,'' after ``identification documents,''.
(b) Technical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by striking the item related
to section 1028 and inserting the following:
``1028. Fraud and related activity in connection with identification
documents, false travel documents,
authentication features, and
information.''.
SEC. 305. PREVENTING UNWARRANTED RELEASE OF CONVICTED TERRORISTS AND
SEX OFFENDERS PENDING SENTENCING OR APPEAL.
(a) In General.--Section 3145 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Application.--No person shall be eligible for release under
subsection (c) based on exceptional reasons if the person is being
detained pending sentencing or appeal in a case involving--
``(1) an offense under section 2332b of this title;
``(2) an offense listed in section 2332b(g)(5)(B) of this
title for which a maximum term of imprisonment of 10 years or
more is prescribed; or
``(3) an offense involving a minor victim under section
1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A,
2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2),
2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of
this title.''.
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USA PATRIOT Reauthorization and Additional Weapons Against Terrorism Act of 2009 - USA PATRIOT Reauthorization Act of 2009 - Makes permanent the provisions of the USA PATRIOT Act: (1) granting roving electronic surveillance authority and authorizing the production of tangible things (including books, records, papers, and documents) for foreign intelligence and international terrorism investigations; and (2) revising the definition of an "agent of a foreign power" to include any non-U.S. person who engages in international terrorism or preparatory activities ("lone wolf" provision).
Classified Information Procedures Reform Act of 2009 - Amends the Classified Information Procedures Act (CIPA) to: (1) require courts to grant certain ex parte government requests for CIPA protective orders; (2) restrict access to classified information obtained from nondocumentary sources; and (3) allow interlocutory appeals from any order for access to classified information (currently, appeals lie only from orders entered under CIPA).
Additional Government Weapons Against Terrorism Act of 2009 - Amends the federal criminal code to: (1) impose criminal penalties for providing material support or resources to a perpetrator of international terrorism, or to a family member of or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage international terrorism; (2) prohibit attempts or conspiracies to provide material support or resources to terrorist organizations; (3) impose criminal penalties for the use of false travel documents; and (4) deny release to individuals detained pending sentencing or appeal who have been convicted of certain terrorism crimes or crimes against children.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Regulations are Effective
in State Hands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydraulic fracturing is a commercially viable practice
that has been used in the United States for more than 60 years
in more than 1,000,000 wells;
(2) the Ground Water Protection Council, a national
association of State water regulators that is considered to be
a leading groundwater protection organization in the United
States, released a report entitled ``State Oil and Natural Gas
Regulations Designed to Protect Water Resources'' and dated May
2009 finding that the ``current State regulation of oil and gas
activities is environmentally proactive and preventive'';
(3) that report also concluded that ``[a]ll oil and gas
producing States have regulations which are designed to provide
protection for water resources'';
(4) a 2004 study by the Environmental Protection Agency,
entitled ``Evaluation of Impacts to Underground Sources of
Drinking Water by Hydraulic Fracturing of Coalbed Methane
Reservoirs'', found no evidence of drinking water wells
contaminated by fracture fluid from the fracked formation;
(5) a 2009 report by the Ground Water Protection Council,
entitled ``State Oil and Natural Gas Regulations Designed to
Protect Water Resources'', found a ``lack of evidence'' that
hydraulic fracturing conducted in both deep and shallow
formations presents a risk of endangerment to ground water;
(6) a January 2009 resolution by the Interstate Oil and Gas
Compact Commission stated ``The states, who regulate
production, have comprehensive laws and regulations to ensure
operations are safe and to protect drinking water. States have
found no verified cases of groundwater contamination associated
with hydraulic fracturing.'';
(7) on May 24, 2011, before the Oversight and Government
Reform Committee of the House of Representatives, Lisa Jackson,
the Administrator of the Environmental Protection Agency,
testified that she was ``not aware of any proven case where the
fracking process itself has affected water'';
(8) in 2011, Bureau of Land Management Director Bob Abbey
stated, ``We have not seen evidence of any adverse effect as a
result of the use of the chemicals that are part of that
fracking technology.'';
(9)(A) activities relating to hydraulic fracturing (such as
surface discharges, wastewater disposal, and air emissions) are
already regulated at the Federal level under a variety of
environmental statutes, including portions of--
(i) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(iii) the Clean Air Act (42 U.S.C. 7401 et seq.);
but
(B) Congress has continually elected not to include the
hydraulic fracturing process in the underground injection
control program under the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(10) in 2011, the Secretary of the Interior announced the
intention to promulgate new Federal regulations governing
hydraulic fracturing on Federal land;
(11) a February 2012 study by the Energy Institute at the
University of Texas at Austin, entitled ``Fact-Based Regulation
for Environmental Protection in Shale Gas Development'', found
that ``[n]o evidence of chemicals from hydraulic fracturing
fluid has been found in aquifers as a result of fracturing
operations''; and
(12) on October 1, 2014, the Ground Water Protection
Council and State Oil and Gas Regulatory Exchange released a
report entitled ``State Oil and Gas Regulations Designed to
Protect Water Resources'' that describes the cutting edge of
State-based oil and gas regulations, concluding that ``In step
with dramatic industry growth over the past five years, states
have substantially improved groundwater protection laws and
regulations governing oil and natural gas production.''.
SEC. 3. DEFINITION OF FEDERAL LAND.
In this Act, the term ``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
SEC. 4. STATE AUTHORITY.
(a) In General.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit requirement
regarding the treatment of a well by the application of fluids under
pressure to which propping agents may be added for the expressly
designed purpose of initiating or propagating fractures in a target
geologic formation in order to enhance production of oil, natural gas,
or geothermal production activities on or under any land within the
boundaries of the State.
(b) Federal Land.--The treatment of a well by the application of
fluids under pressure to which propping agents may be added for the
expressly designed purpose of initiating or propagating fractures in a
target geologic formation in order to enhance production of oil,
natural gas, or geothermal production activities on Federal land shall
be subject to the law of the State in which the land is located.
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Fracturing Regulations are Effective in State Hands Act This bill gives states the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding hydraulic fracturing on or under any land within their boundaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation. Hydraulic fracturing on federal land must comply with the law of the state in which the land is located.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``George C. Marshall Commemorative
Coin Act of 1993''.
SEC. 2. GEORGE C. MARSHALL COMMEMORATIVE COINS.
(a) One-Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue
not more than 500,000 $1 coins in commemoration of the end of
World War II and General George C. Marshall's participation in
service during World War II.
(2) Specifications and design of coins.--The coins issued
under this Act shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Design.--The design of the coins issued under this Act
shall have the likeness of George C. Marshall on obverse side
of such coin. On each coin there shall be a designation of the
value of the coin, an inscription of the year ``1995'', and
inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(b) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5132(a)(1) of title
31, United States Code, the coins minted under this Act shall be
considered to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
The design for the coins authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
Friends of George C. Marshall and the Commission of Fine Arts;
and
(2) reviewed by the Citizens Commemorative Advisory
Committee.
SEC. 5. MINTING AND ISSUANCE OF COINS.
(a) Uncirculated and Proof Qualities.--The Secretary may mint and
issue the coins authorized under this Act in uncirculated and proof
qualities.
(b) Use of the United States Mint.--The Secretary may not use more
than 1 facility of the United States Mint to strike each quality of the
coins minted under this Act.
(c) Commencement of Authority To Sell Coins.--The Secretary may
begin selling the coins minted under this Act on January 1, 1995.
(d) Termination of Authority To Mint Coins.--The Secretary may not
mint the coins authorized under this Act after December 31, 1995.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins authorized under this Act shall be sold
by the Secretary at a price equal to the sum of the face value of the
coins, the surcharge provided in subsection (c) with respect to such
coins, and the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses, marketing,
and shipping).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins issued under this Act at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins authorized under this Act before the issuance of such coins.
Sale prices with respect to such repaid orders shall be at a reasonable
discount.
(d) Surcharges.--All sales shall include a surcharge of $7 per
coin.
SEC. 7. DISTRIBUTION OF SURCHARGES.
All surcharges received by the Secretary from the sale of coins
issued under this Act shall be promptly paid by the Secretary to the
Friends of George C. Marshall to be used solely for the construction of
the George C. Marshall Memorial and Visitor Center in Uniontown,
Pennsylvania.
SEC. 8. AUDITS.
The Comptroller General of the United States shall conduct an
annual audit of such books, records, documents, and other data of the
Friends of George C. Marshall, as may be related to the expenditures of
amounts paid under section 7 until all amounts have been received by
the Friends of George C. Marshall and the expenditures of such amounts
have been audited.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins authorized under this Act shall result in no net costs to the
Federal Government.
(b) Payments for the Coins.--The Secretary may not sell a coin
minted under this Act unless the Secretary has received--
(1) full payment for such coin;
(2) security satisfactory to the Secretary to indemnify the
Federal Government for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
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George C. Marshall Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins in commemoration of the end of World War II and General George C. Marshall's participation in service during such War; and (2) pay surcharges received from coin sales to the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeatedly Flooded Communities
Preparation Act''.
SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPETITIVELY FLOODED AREAS.
(a) In General.--Section 1361 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4102) is amended by adding at the end the following
new subsection:
``(e) Community Accountability for Repetitively Damaged Areas.--
``(1) In general.--The Administrator shall, by regulation,
require any covered community (as such term is defined in
paragraph (5))--
``(A) to identify the areas within the community
where properties described in paragraph (5)(B) or
flood-damaged facilities are located to determine areas
repeatedly damaged by floods and to assess, with
assistance from the Administrator, the continuing risks
to such areas;
``(B) to develop a community-specific plan for
mitigating continuing flood risks to such repetitively
flooded areas and to submit such plan and plan updates
to the Administrator at appropriate intervals;
``(C) to implement such plans;
``(D) to make such plan, plan updates, and reports
on progress in reducing flood risk available to the
public, subject to section 552a of title 5, United
States Code.
``(2) Incorporation into existing plans.--Plans developed
pursuant to paragraph (1) may be incorporated into mitigation
plans developed under section 1366 of this Act (42 U.S.C.
4104c) and hazard mitigation plans developed under section 322
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165).
``(3) Assistance to communities.--
``(A) Data.--To assist communities in preparation
of plans required under paragraph (1), the
Administrator shall, upon request, provide covered
communities with appropriate data regarding the
property addresses and dates of claims associated with
insured properties within the community.
``(B) Mitigation grants.--In making determinations
regarding financial assistance under the authorities of
this Act, the Administrator may consider the extent to
which a community has complied with this subsection and
is working to remedy problems with addressing
repeatedly flooded areas.
``(4) Sanctions.--
``(A) In general.--The Administrator shall, by
regulations issued in accordance with the procedures
established under section 553 of title 5, United States
Code, regarding substantive rules, provide appropriate
sanctions for covered communities that fail to comply
with the requirements under this subsection or to make
sufficient progress in reducing the flood risks to
areas in the community that are repeatedly damaged by
floods.
``(B) Notice.--Before imposing any sanction
pursuant to this paragraph, the Administrator shall
provide the covered community involved with notice of
the non-compliance that could result in the imposition
of sanctions, which shall include recommendations for
actions to bring the covered community into compliance.
``(C) Considerations.--In determining appropriate
sanctions to impose under this paragraph, the
Administrator shall consider the resources available to
the covered community involved, including Federal
funding, the portion of the covered community that lies
within an area having special flood hazards, and other
factors that make it difficult for the covered
community to conduct mitigation activities for existing
flood-prone structures.
``(5) Covered community.--For purposes of this subsection,
the term `covered community' means a community--
``(A) that is participating, pursuant to section
1315, in the national flood insurance program; and
``(B) within which are located--
``(i) 50 or more repetitive loss structures
for each of which, during any 10-year period,
two or more claims for payments under flood
insurance coverage have been made with a
cumulative amount exceeding $1,000;
``(ii) 5 or more severe repetitive loss
structures (as such term is defined in section
1366(h)) for which mitigation activities
meeting the standards for approval under
section 1366(c)(2)(A) have not been conducted;
or
``(iii) a public facility or a private
nonprofit facility (as such terms are as
defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), that has
received assistance for repair, restoration,
reconstruction, or replacement under section
406 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172)
in connection with more than one flooding event
in the most recent 10-year period.
``(6) Repetitive-loss structure.--For purposes of this
subsection, the term `repetitive loss structure' has the
meaning given such term in section 1370 (42 U.S.C. 4121).
``(7) Reports to congress.--Not later than the expiration
of the 6-year period beginning upon the date of the enactment
of this subsection, and not less than every 2 years thereafter,
the Administrator shall submit a report to the Congress
regarding the progress in implementing plans developed pursuant
to paragraph (1)(B).''.
(b) Regulations.--The Administrator of the Federal Emergency
Management Agency shall issue regulations necessary to carry out
subsection (e) of section 1361 of the National Flood Insurance Act of
1968, as added by the amendment made by subsection (a) of this section,
not later than the expiration of the 12-month period that begins on the
date of the enactment of this Act.
SEC. 3. MONTHLY INSTALLMENT PAYMENT OF PREMIUMS.
(a) Authority.--Subsection (g) of section 1308 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4015(g)) is amended--
(1) by striking the subsection designation and all that
follows through ``With respect'' and inserting the following:
``(g) Frequency of Premium Collection.--
``(1) Options.--With respect''; and
(2) by adding at the end the following:
``(2) Monthly installment payment of premiums.--
``(A) Exemption from rulemaking.--Until such time
as the Administrator promulgates regulations
implementing paragraph (1) of this subsection, the
Administrator may adopt policies and procedures,
notwithstanding any other provisions of law and in
alignment and consistent with existing industry escrow
and servicing standards, necessary to implement such
paragraph without undergoing notice and comment
rulemaking and without conducting regulatory analyses
otherwise required by statute, regulation, or Executive
order.
``(B) Pilot program.--The Administrator may
initially implement paragraph (1) of this subsection as
a pilot program that provides for a gradual phase-in of
implementation.
``(C) Policyholder protection.--The Administrator
may--
``(i) during the 12-month period beginning
on the date of the enactment of this
subparagraph, charge policyholders choosing to
pay premiums in monthly installments a fee for
the total cost of the monthly collection of
premiums not to exceed $25 annually; and
``(ii) after the expiration of the 12-month
period referred to in clause (i), adjust the
fee charged annually to cover the total cost of
the monthly collection of premiums as
determined by the report submitted pursuant to
subparagraph (D).
``(D) Report.--Not later than six months after the
date of the enactment of this Act, the Comptroller
General shall submit a report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate, that sets forth all of the costs associated
with the monthly payment of premiums, including any up-
front costs associated with infrastructure development,
the impact on all policyholders including those that
exercise the option to pay monthly and those that do
not, options for minimizing the costs, particularly the
costs to policyholders, and the feasibility of adopting
practices that serve to minimize costs to policyholders
such as automatic payments and electronic payments.
``(E) Annual reports.--On an annual basis, the
Administrator shall report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate the ongoing costs associated with the
monthly payment of premiums.''.
(b) Implementation.--Clause (ii) of section 1307(a)(1)(B) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(B)(ii)) is
amended by inserting before ``any administrative expenses'' the
following: ``the costs associated with the monthly collection of
premiums provided for in section 1308(g) (42 U.S.C. 4015(g)), but only
if such costs exceed the operating costs and allowances set forth in
clause (i) of this subparagraph, and''.
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Repeatedly Flooded Communities Preparation Act (Sec. 2) This bill amends the National Flood Insurance Act of 1968 to require a community that participates in the National Flood Insurance Program (NFIP) and has been repeatedly flooded to: (1) assess the continuing risks to community areas repeatedly damaged by floods; and (2) develop and implement a publicly available, community-specific plan for mitigating continuing flood risks to such areas. The Federal Emergency Management Agency (FEMA) must, upon request, provide a community with data to assist in preparation of the required plan. In making decisions with respect to awarding mitigation grants under the Act, FEMA may consider the extent to which a community has complied with these requirements and is working to remedy problems with repeatedly flooded areas. A community that does not comply with these requirements shall be subject to sanctions. (Sec. 3) FEMA's implementation of monthly premium payment schedules is exempted from rulemaking. FEMA may implement this schedule as a pilot program.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verifying Authority and Legality In
Drug Compounding Act of 2012''.
SEC. 2. APPLICATION OF FEDERAL LAW TO PRACTICE OF PHARMACY COMPOUNDING.
(a) Amendment.--Section 503A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353a) is amended to read as follows:
``SEC. 503A. PHARMACY COMPOUNDING.
``(a) In General.--Sections 501(a)(2)(B) and 505 shall not apply
with respect to a drug product if each of the following applies:
``(1) The drug product is compounded for an identified
individual patient based on the receipt of--
``(A) a valid prescription order; or
``(B) a notation, approved by the prescribing
practitioner, on the prescription order that a
compounded product is necessary for the identified
patient.
``(2) The drug product is compounded by a licensed
pharmacist in a State-licensed pharmacy or a Federal facility,
or by a licensed physician, pursuant to such prescription order
or notation.
``(3) The drug product is compounded exclusively from--
``(A) ingredients that comply with the standards of
an applicable United States Pharmacopoeia or National
Formulary monograph; or
``(B) if such a monograph does not exist,
ingredients that are ingredients in a drug--
``(i) for which an approval of an
application filed under subsection (b) or (j)
of section 505 is in effect; or
``(ii) that may be lawfully marketed in the
United States without such an approval pursuant
to the definition of a new drug in section 201.
``(4) Any bulk substance used for purposes of compounding
the drug product--
``(A) is manufactured by an establishment that is
registered under section 510 (including a foreign
establishment that is registered under section 510(i));
and
``(B) is accompanied by valid certificates of
analysis.
``(5) The pharmacist or physician compounding the drug
product complies with the standards of any applicable United
States Pharmacopoeia chapters on pharmacy compounding.
``(6) The drug product, including the dosage form and any
ingredient thereof, is not included in the list under
subsection (b).
``(7) The drug product is not a copy of a commercially
available drug.
``(b) List of Drug Products That Should Not Be Compounded.--
``(1) In general.--For purposes of subsection (a)(6), the
Secretary shall--
``(A) develop and maintain a list of drug products
that should not be compounded, including any
categories, dosage forms, or ingredients of such drug
products; and
``(B) include on such list, at a minimum--
``(i) drug products (or categories, dosage
forms, or ingredients thereof) whose
compounding is reasonably likely to cause an
adverse effect on safety or effectiveness of
such drug product; and
``(ii) drug products (or categories, dosage
forms, or ingredients thereof) that have been
withdrawn or removed from the market because
they have been found to be unsafe or not
effective.
``(2) Initial publication; updates.--The Secretary shall--
``(A) not later than 1 year after the date of the
enactment of the Verifying Authority and Legality In
Drug Compounding Act of 2012, publish an initial list
under paragraph (1); and
``(B) not less frequently than every year
thereafter, review and, as appropriate, update the list
under paragraph (1).
``(3) Availability.--The Secretary shall make the list
under paragraph (1) available on the public Web site of the
Food and Drug Administration.
``(4) Transmission to state regulatory agencies.--Upon
publication of the initial list under paragraph (1), and upon
each update to the list, the Secretary shall transmit an up-to-
date copy of the list to the agency in each State with primary
responsibility for regulating the compounding of drugs.
``(c) Waiver of Requirement of Individually Identified Patient for
Specified Drug Products.--
``(1) Waiver authority.--The Secretary may, with respect to
a drug product sold or dispensed by a pharmacy or pharmacist,
waive the requirement of subsection (a)(1) that the drug
product be compounded for an individually identified patient if
the Secretary determines that compounding the drug product is
necessary--
``(A) to address a drug shortage; or
``(B) to protect public health or well-being.
``(2) Duration.--The duration of a waiver under paragraph
(1) shall not exceed 1 year, unless the Secretary determines
that an extension is necessary to continue--
``(A) to address the drug shortage for which such
waiver was originally approved; or
``(B) to protect public health or well-being.
``(3) Waivers by states prohibited.--The Secretary may not
authorize any State to grant waivers under this subsection.
``(d) Waiver of Requirement of Individually Identified Patient for
Specified Pharmacies and Pharmacists.--
``(1) Waiver authority.--The Secretary may waive the
requirement of subsection (a)(1) that the drug product be
compounded for an individually identified patient if the
pharmacy or pharmacist--
``(A) submits an application that meets the
requirements of paragraph (5)(A) and is satisfactory to
the Secretary (or, subject to paragraph (3), the
State); and
``(B) agrees to comply with any condition of
operation and any limitations specified by the
Secretary as a requirement for such waiver, including
the conditions and limitations specified under
paragraph (5).
``(2) Ineligible pharmacies.--A pharmacy or pharmacist
required to be registered under section 510 for purposes of
compounding a drug product is not eligible for a waiver under
this subsection for such purposes.
``(3) Types of pharmacies eligible for waiver.--Subject to
paragraph (2), the Secretary shall specify types of pharmacies
and pharmacists that are eligible for a waiver under this
subsection, and shall include the following types:
``(A) Any pharmacy or pharmacist within a hospital
system that is compounding drug products exclusively
for dispensing to patients within that hospital system.
``(B) Any pharmacy or pharmacist that compounds
sterile drug products.
``(C) Any pharmacy or pharmacist that compounds
drug products in limited quantities before the receipt
of a valid prescription for an individual patient who
is located in the same State as the pharmacy or
pharmacist, based on a history of the pharmacy or
pharmacist receiving such valid prescription.
``(4) Waivers by states allowed.--
``(A) Memorandum of understanding.--The Secretary
may authorize a State to grant waivers under paragraph
(1) to pharmacies and pharmacists in such State
pursuant to a memorandum of understanding entered into
between the Secretary and the State--
``(i) ensuring, to the Secretary's
satisfaction, that the State's program for
granting waivers will be implemented in
accordance with the requirements of this
section (including the application of different
requirements for different types of pharmacies,
as specified under paragraph (5)(B)); and
``(ii) including such other information and
assurances as the Secretary may require.
``(B) Determination.--The Secretary shall establish
criteria and a process for determining whether to
authorize a State to grant waivers under paragraph (1).
``(C) Scope of authorization.--In authorizing a
State to grant waivers under subparagraph (A), the
Secretary may limit such authority to apply only with
respect to certain types of pharmacies and pharmacists
specified under paragraph (3).
``(D) Limitation.--A waiver granted by a State to a
pharmacy or pharmacist under subparagraph (A) shall
only apply with respect to compounded drug products
sold or dispensed within such State.
``(5) Applications; requirements.--
``(A) In general.--For each type of pharmacy or
pharmacist specified under paragraph (3), the Secretary
shall specify, in the regulations under subsection (j),
the following:
``(i) The information that is required to
be included in an application for a waiver
under paragraph (1).
``(ii) The circumstances necessary to
support the approval of such an application by
the Secretary, or by a State that is authorized
to grant waivers under paragraph (4), including
the criteria that shall be used to evaluate
such an application.
``(iii) The conditions of operation,
including good manufacturing practices and
requirements for third-party testing,
applicable to the compounding of drugs under
such a waiver.
``(iv) Any limitations on the activities
that a pharmacy or pharmacist may engage in
under such a waiver.
``(v) The duration (and renewability) of
such a waiver.
``(B) Specificity to types of pharmacies and
pharmacists.--In establishing requirements under
subparagraph (A), the Secretary shall make the
requirements specific to each type of pharmacy and
pharmacist specified by the Secretary under paragraph
(3).
``(e) Waiver of Requirement Regarding Copies of Commercially
Available Drug.--
``(1) Waiver authority.--The Secretary may, with respect to
a drug product sold or dispensed by a pharmacy or pharmacist,
waive the requirement of subsection (a)(7) if the Secretary
determines that compounding the drug product is necessary to
protect public health or well-being.
``(2) Duration.--The duration of a waiver under paragraph
(1) shall not exceed 1 year, unless the Secretary determines
that an extension is necessary to protect public health or
well-being.
``(3) Waivers by states prohibited.--The Secretary may not
authorize any State to grant waivers under this subsection.
``(f) Inspections.--The facilities of any pharmacy or pharmacist
compounding drug products pursuant to a waiver under subsection (c),
(d), or (e) shall be subject to inspection under section 704 for
purposes of determining compliance with the provisions of this Act
applicable to such compounding.
``(g) Cancellation of Waiver.--
``(1) In general.--The Secretary shall publish notice at
least 30 days before cancelling a waiver under subsection (c),
(d), or (e).
``(2) Exception for public health and safety.--The
Secretary may cancel a waiver without regard to paragraph (1)
in order to prevent an adverse impact on public health or
safety.
``(h) Labeling.--The labeling of any drug product compounded
pursuant to subsection (a) shall include the following statement: `This
drug has not been tested for safety and effectiveness and is not
approved by the FDA. Serious adverse reactions to this drug should be
reported to the pharmacy where it was received and the FDA at _____.'
The blank shall specify a phone number and a Web site, to be provided
by the Secretary for purposes of this subsection.
``(i) Reporting by Pharmacists and Physicians.--
``(1) Adverse event.--If a pharmacist or physician
compounding a drug product pursuant to this section becomes
aware of any adverse event associated with the use of such
product, not later than 10 calendar days after becoming so
aware, the pharmacist or physician shall report such adverse
event to the Secretary.
``(2) Information related to risk of injury or death.--If a
pharmacist or physician compounding a drug product pursuant to
this section becomes aware of information concerning any
bacteriological, fungal, or other contamination; any
significant chemical, physical, or other change; or any
deterioration of a compounded drug product that has already
been distributed by the pharmacist or physician, that could
cause serious injury or death, not later than 5 calendar days
after becoming so aware, the pharmacist or physician shall
report such information to the Secretary.
``(j) Regulations.--The Secretary shall promulgate regulations for
carrying out this section, which shall include the following:
``(1) The types of pharmacies and pharmacists specified
pursuant to subsection (d)(3).
``(2) The criteria and process for determining whether a
State may provide a waiver under subsection (d)(4).
``(3) The information specified under subsection (d)(5)(A).
``(4) The requirements applicable to different types of
pharmacies and pharmacists under subsection (d)(5).
``(5) The requirements for inspections under subsection
(f).
``(k) Definitions.--In this section:
``(1) The term `copy of a commercially available drug
product' does not include a drug product in which there is a
change, made for an identified individual patient, which
produces for that patient a significant difference, as
determined by the prescribing practitioner, between the
compounded drug and the comparable commercially available drug
product.
``(2) The term `compounding' does not include mixing,
reconstituting, or other such acts that are performed in
accordance with directions contained in approved labeling
provided by the product's manufacturer and other manufacturer
directions consistent with that labeling.''.
(b) Misbranding.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(bb) If it is a drug product compounded pursuant to section 503A
and its labeling does not include the statement required by section
503A(h).''.
(c) Conforming Amendment.--Section 704(a)(2)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(2)(A)) is amended by
inserting ``subject to section 503A,'' before ``pharmacies which
maintain establishments''.
(d) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall promulgate final regulations
for carrying out the amendments made by subsections (a), (b), and (c).
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on the date that is 1 year after the date of
the enactment of this Act.
SEC. 3. REGISTRATION AND INSPECTION OF MANUFACTURERS COMPOUNDING DRUG
PRODUCTS.
(a) Registration.--Section 510(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(g)) is amended by adding at the end the
following: ``With respect to compounding drugs, the exemption in
paragraph (1) does not apply with respect to any pharmacy to the extent
to which the pharmacy is, in effect, manufacturing such drugs, as
determined by the Secretary, taking into consideration the extent to
which such pharmacy sells the drugs across State lines, the quantity of
the drugs sold, and any other factors determined appropriate by the
Secretary.''.
(b) Inspection.--Section 704(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374(a)(2)) is amended by adding at the end the
following flush text:
``With respect to compounding drugs, the exemption in
subparagraph (A) does not apply with respect to any pharmacy to
the extent to which the pharmacy is, in effect, manufacturing
such drugs, as determined by the Secretary, taking into
consideration the extent to which such pharmacy sells the drugs
across State lines, the quantity of the drugs sold, and any
other factors determined appropriate by the Secretary.''.
(c) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
promulgate regulations for carrying out the amendments made by
subsections (a) and (b).
(d) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of the enactment
of this Act.
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Verifying Authority and Legality In Drug Compounding Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounding drugs.
Eliminates authority for compounding pharmacies to: (1) compound drugs before the receipt of a valid prescription order, or (2) compound any drug product that is a copy of a commercially available drug.
Requires the Secretary of Health and Human Services (HHS) to develop, maintain and transmit to the appropriate state agencies a list of drug products that should not be compounded, including: (1) drug products whose compounding is reasonably likely to cause an adverse effect on their safety or effectiveness; and (2) drug products that have been withdrawn or removed from the market because they have been found to be unsafe or not effective.
Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if compounding the drug product is necessary to address a drug shortage, or to protect public health or well-being. Prohibits the Secretary from authorizing a state to grant such waivers.
Authorizes the Secretary to waive the requirement that a drug product must be compounded for an individually identified patient based on a valid prescription order or similar notation if the pharmacy or pharmacist: (1) submits a satisfactory application to the Secretary; and (2) agrees to comply with any condition or limitation specified by the Secretary. Makes a pharmacy or pharmacist required to be registered under the FFDCA as a drug producer ineligible for a waiver. Permits the Secretary to authorize a state to grant such waivers applicable to compounded drug products sold or dispensed within the state pursuant to a memorandum of understanding between the Secretary and the state.
Authorizes the Secretary to waive the prohibition against compounding any drug product that is a copy of a commercially available drug if it is necessary to protect public health or well-being. Prohibits the Secretary from authorizing a state to waive such prohibition.
Subjects the facilities of any pharmacy receiving a waiver under this Act to inspection to determine compliance with this Act.
Requires the Secretary to publish notice at least 30 days before cancelling a waiver, unless it is necessary to prevent an adverse impact on public health or safety.
Sets forth a required label statement for any drug compounded pursuant to this Act.
Requires a pharmacist or physician compounding a drug product to report any adverse event associated with the use of the product within a specified time frame.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Product Safety Solutions
Act of 2009''.
SEC. 2. PROSPECTIVE APPLICATION OF LEAD LIMITS AND THIRD PARTY TESTING
REQUIREMENTS.
(a) Lead Content.--Section 101 of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a) is amended--
(1) by redesignating subsection (b) through (g) as
subsections (c) through (h), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) Application.--
``(1) 600 parts per million.--Subsection (a)(2)(A) shall
apply beginning February 10, 2009, only to any children's
product that is manufactured after such date, and after
February 9, 2010, to any children's product regardless of the
date of manufacture.
``(2) 300 parts per million.--Subsection (a)(2)(B) shall
apply beginning 2 years after the date of enactment of this Act
only to any children's product that is manufactured after such
date, and beginning 3 years after the date of enactment of this
Act, to any children's product regardless of the date of
manufacture.'';
(3) in subsection (e)(2), by striking ``subsection (b)''
and inserting ``subsection (c)''; and
(4) in subsection (g), by striking ``or (b)'' and inserting
``or (c)''.
(b) Effective Date.--The amendments made by subsections (a) shall
be treated as having taken effect on August 15, 2008.
SEC. 3. PROSPECTIVE APPLICATION OF PHTHALATES PROHIBITION.
(a) Application of Phthalates Prohibition.--Section 108 of the
Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1257c) is
amended--
(1) by redesignated subsections (c) through (e) as
subsection (d) through (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Application.--Subsections (a) and (b)(1) and any rule
promulgated under subsection (b)(3) shall apply beginning February 10,
2009, only to any children's product that is manufactured after such
date, and after February 9, 2010, to any children's product regardless
of the date of manufacture.''.
(b) Effective Date.--The amendments made by subsections (a) shall
be treated as having taken effect on August 15, 2008.
SEC. 4. CLARIFICATION OF TESTING METHODOLOGIES.
(a) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Consumer Product Safety Commission shall
promulgate a rule setting forth the testing methodology or
methodologies which the Commission determines shall be used for
purposes of determining compliance with sections 101(a) and 108 of the
Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(a);
2057c).
(b) Effective Date for Conformity Certification.--Section 14(a)(1)
of the Consumer Product Safety Act (15 U.S.C. 2063(a)(1)) is amended by
striking ``Except as provided'' and inserting ``Beginning 90 days after
the issuance of a rule required by section 4(a) of the Consumer Product
Safety Solutions Act of 2009 except as provided''.
(c) Temporary Rule of Compliance.--Beginning February 10, 2009, and
continuing until a rule is promulgated under subsection (a), any
children's product that is tested for conformity with the requirements
of section 101(a) and section 108 of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c) and certified
pursuant to section 14(a)(1) of the Consumer Product Safety Act (15
U.S.C. 2063(a)(1)) shall be considered to be in compliance with such
section if such children's product was tested in good faith and in
accordance with a reasonable testing methodology and the product was
certified based on the results of such testing.
SEC. 5. EXCLUSION OF CERTAIN MATERIALS FROM LEAD CONTENT LIMIT.
Section 101(c)(1) of the Consumer Product Safety Improvement Act of
2008 (15 U.S.C. 1278a(c)(1)) (as redesignated by section 1) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``material will neither--'' and inserting ``material--''
(2) in subparagraph (A)--
(A) by striking ``result in the absorption of any
lead into the human body'' and inserting ``will not
result in the absorption of lead into the human body in
excess of the amounts set forth under subsection
(a)(2)'';
(B) by inserting ``of the age for which the product
is intended'' after ``child''; and
(C) by striking ``nor'' and inserting ``or''; and
(3) in subparagraph (B), by striking ``have any other'' and
inserting ``will not have any''.
SEC. 6. WAIVER OF THIRD PARTY TESTING REQUIREMENT FOR CERTAIN COMPONENT
PARTS.
Section 14(g) of the Consumer Product Safety Act (15 U.S.C.
2063(g)) is amended by adding at the end the following:
``(5) Special rule for lead content and phthalate content
testing and certification.--Subsection (a) shall not require
the manufacturer or private labeler of a children's product to
test such product for, or certify it with respect to, lead
content or phthalate content, as applicable, if--
``(A) each component of the product that is
required to be tested for compliance with sections
101(a) and 108 of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c) has
been tested for lead content or phthalate content, as
applicable, by the manufacturer or private labeler of
the component; and
``(B) the manufacturer or private labeler of each
such component certifies that the component does not
contain more lead than the limit established by
subsection (a)(2) and (f) of section 101 of the
Consumer Product Safety Improvement Act of 2008 (15
U.S.C. 1278a(a)(2) and (f)) or the applicable phthalate
limit in effect under section 108 of such Act, as
applicable.''.
SEC. 7. EXEMPTIONS FROM TRACKING LABEL REQUIREMENTS.
Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C.
2063(a)(5)) is amended--
(1) by striking ``Effective'' and inserting ``(A) In
general--Effective'';
(2) by adding at the end the following new subparagraph:
``(B) Commission exemptive authority.--The
Commission may, by rule, exempt or modify any of the
requirements of this section for any product or product
category, if the Commission determines such requirement
to be unduly burdensome or cost prohibitive in
relationship to the potential risk presented by such
product or product category, or not practical due to
the intended use of such product or product
category.''.
SEC. 8. GENERAL APPLICATION AND EXEMPTIVE AUTHORITY.
Section 3 of the Consumer Product Safety Improvement Act of 2008
(15 U.S.C. 2051 note) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--
The''; and
(2) by adding at the end the following:
``(b) Authority To Extend or Delay Effective Dates.--The Commission
may extend the application of the effective date of any provision of
this Act or the amendments made by this Act with respect to any
particular manufacturer, distributer, or retailer or class of
manufacturers, distributors, or retailers if the Commission determines
that a delay would better promote public safety and that a later
effective date is in the public interest and publishes the reason for
such a determination.
``(c) Exemptive Authority.--The Commission may exempt a particular
manufacturer, distributor, or retailer or class of manufacturers,
distributors, or retailers from any provision of this Act or the
amendments made by this Act if the Commission determines that a delay
would better promote public safety and that such exemption is in the
public interest and publishes the reason for such determination.''.
SEC. 9. COMPLIANCE GUIDANCE FOR SMALL BUSINESSES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Consumer Product Safety Commission shall
develop and make available on the Commission's Internet website a
compliance guide to assist small businesses in complying with the
requirements of the Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) and other Acts enforced by the Commission.
(b) Contents.--The guide--
(1) shall be designed to assist small businesses to
determine--
(A) whether the Consumer Product Safety Act (or any
other Act enforced by the Commission) applies to their
business activities;
(B) whether they are considered distributors,
manufacturers, private labelers, or retailers under
such Act or Acts; and
(C) which rules, standards, regulations, or
statutory requirements apply to their business
activities;
(2) shall provide guidance on how to comply with any such
applicable rule, standard, regulation, or requirement,
including--
(A) what actions they should take to ensure that
they meet the requirements; and
(B) how to determine whether they have met the
requirements; and
(3) may contain such additional information as the
Commission considers appropriate, including telephone, e-mail,
and Internet contacts for compliance support and information.
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Consumer Product Safety Solutions Act of 2009 - Amends the Consumer Product Safety Improvement Act of 2008 to apply the limits on lead in children's products and phthalates in any children's toy or child care article: (1) for a limited time, only to items manufactured after a certain date; and (2) thereafter, to all such items regardless of when manufactured. Requires the Consumer Product Safety Commission (CPSC) to issue a rule on related testing methodologies.
Allows the CPSC to exclude a specific item from the lead limits if the the CPSC finds that the lead in the item will not result in the absorption of lead into the human body in excess of the limits. (Current law allows the CPSC to so exclude if it will not result in the absorption of any lead into the human body.)
Allows a manufacturer to not test for or certify lead or phthalate limit compliance if each component of the product has been tested and certified by the component's manufacturer.
Authorizes the CPSC to exempt a product or product category from a current requirement to certify compliance with all rules, bans, standards, or regulations under any Act the CPSC enforces if the requirement is unduly burdensome or cost prohibitive in relationship to the product or product category's risk, or not practical due to the product or product category's intended use.
Allows the CPSC to extend the application of, or exempt manufacturers, distributors, or retailers from, any provision of the Act or its amendments if a delay or exemption would better promote public safety and be in the public interest.
Requires the CPSC to develop and make available on its website a guide to assist small businesses in complying with any Act enforced by the CPSC.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trademark Technical and Conforming
Amendment Act of 2010.''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``Trademark Act of 1946'' means
the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes'',
approved July 5, 1946 (commonly referred to as the ``Lanham Act''; 15
U.S.C. 1051 et. seq).
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Certificates of Registration.--Section 7 of the Trademark Act
of 1946 (15 U.S.C. 1057) is amended--
(1) by inserting ``United States'' before ``Patent and
Trademark Office'' each place that term appears;
(2) in subsection (b), by striking ``registrant's'' each place
that appears and inserting ``owner's'';
(3) in subsection (e)--
(A) by striking ``registrant'' each place that term appears
and inserting ``owner''; and
(B) in the third sentence, by striking ``or, if said
certificate is lost or destroyed, upon a certified copy
thereof''; and
(4) by amending subsection (g) to read as follows:
``(g) Correction of Patent and Trademark Office Mistake.--Whenever
a material mistake in a registration, incurred through the fault of the
United States Patent and Trademark Office, is clearly disclosed by the
records of the Office a certificate stating the fact and nature of such
mistake shall be issued without charge and recorded and a printed copy
thereof shall be attached to each printed copy of the registration and
such corrected registration shall thereafter have the same effect as if
the same had been originally issued in such corrected form, or in the
discretion of the Director a new certificate of registration may be
issued without charge. All certificates of correction heretofore issued
in accordance with the rules of the United States Patent and Trademark
Office and the registrations to which they are attached shall have the
same force and effect as if such certificates and their issue had been
specifically authorized by statute.''.
(b) Incontestability of Right To Use Mark Under Certain
Conditions.--Section 15 of the Trademark Act of 1946 (15 U.S.C. 1065)
is amended--
(1) by striking ``right of the registrant'' and inserting
``right of the owner'';
(2) by amending paragraph (1) to read as follows:
``(1) there has been no final decision adverse to the owner's
claim of ownership of such mark for such goods or services, or to
the owner's right to register the same or to keep the same on the
register; and''; and
(3) in paragraph (2), by inserting ``United States'' before
``Patent and Trademark Office''.
(c) Appeal to Courts.--Section 21 of the Trademark Act of 1946 (15
U.S.C. 1071) is amended--
(1) by inserting ``United States'' before ``Patent and
Trademark Office'' each place that term appears;
(2) in subsection (a)(1), by inserting ``or section 71'' after
``section 8''; and
(3) in subsection (b)(4), by striking ``If there be'' and
inserting ``If there are''.
(d) Conforming Requirements for Affidavits.--
(1) Duration, affidavits and fees.--Section 8 of the Trademark
Act of 1946 (15 U.S.C. 1058) is amended to read as follows:
``SEC. 8. DURATION, AFFIDAVITS AND FEES.
``(a) Time Periods for Required Affidavits.--Each registration
shall remain in force for 10 years, except that the registration of any
mark shall be canceled by the Director unless the owner of the
registration files in the United States Patent and Trademark Office
affidavits that meet the requirements of subsection (b), within the
following time periods:
``(1) Within the 1-year period immediately preceding the
expiration of 6 years following the date of registration under this
Act or the date of the publication under section 12(c).
``(2) Within the 1-year period immediately preceding the
expiration of 10 years following the date of registration, and each
successive 10-year period following the date of registration.
``(3) The owner may file the affidavit required under this
section within the 6-month grace period immediately following the
expiration of the periods established in paragraphs (1) and (2),
together with the fee described in subsection (b) and the
additional grace period surcharge prescribed by the Director.
``(b) Requirements for Affidavit.--The affidavit referred to in
subsection (a) shall--
``(1)(A) state that the mark is in use in commerce;
``(B) set forth the goods and services recited in the
registration on or in connection with which the mark is in use in
commerce;
``(C) be accompanied by such number of specimens or facsimiles
showing current use of the mark in commerce as may be required by
the Director; and
``(D) be accompanied by the fee prescribed by the Director; or
``(2)(A) set forth the goods and services recited in the
registration on or in connection with which the mark is not in use
in commerce;
``(B) include a showing that any nonuse is due to special
circumstances which excuse such nonuse and is not due to any
intention to abandon the mark; and
``(C) be accompanied by the fee prescribed by the Director.
``(c) Deficient Affidavit.--If any submission filed within the
period set forth in subsection (a) is deficient, including that the
affidavit was not filed in the name of the owner of the registration,
the deficiency may be corrected after the statutory time period, within
the time prescribed after notification of the deficiency. Such
submission shall be accompanied by the additional deficiency surcharge
prescribed by the Director.
``(d) Notice of Requirement.--Special notice of the requirement for
such affidavit shall be attached to each certificate of registration
and notice of publication under section 12(c).
``(e) Notification of Acceptance or Refusal.--The Director shall
notify any owner who files any affidavit required by this section of
the Director's acceptance or refusal thereof and, in the case of a
refusal, the reasons therefor.
``(f) Designation of Resident for Service of Process and Notices.--
If the owner is not domiciled in the United States, the owner may
designate, by a document filed in the United States Patent and
Trademark Office, the name and address of a person resident in the
United States on whom may be served notices or process in proceedings
affecting the mark. Such notices or process may be served upon the
person so designated by leaving with that person or mailing to that
person a copy thereof at the address specified in the last designation
so filed. If the person so designated cannot be found at the last
designated address, or if the owner does not designate by a document
filed in the United States Patent and Trademark Office the name and
address of a person resident in the United States on whom may be served
notices or process in proceedings affecting the mark, such notices or
process may be served on the Director.''.
(2) Affidavits and fees.--Section 71 of the Trademark Act of
1946 (15 U.S.C. 1141k) is amended to read as follows:
``SEC. 71. DURATION, AFFIDAVITS AND FEES.
``(a) Time Periods for Required Affidavits.--Each extension of
protection for which a certificate has been issued under section 69
shall remain in force for the term of the international registration
upon which it is based, except that the extension of protection of any
mark shall be canceled by the Director unless the holder of the
international registration files in the United States Patent and
Trademark Office affidavits that meet the requirements of subsection
(b), within the following time periods:
``(1) Within the 1-year period immediately preceding the
expiration of 6 years following the date of issuance of the
certificate of extension of protection.
``(2) Within the 1-year period immediately preceding the
expiration of 10 years following the date of issuance of the
certificate of extension of protection, and each successive 10-year
period following the date of issuance of the certificate of
extension of protection.
``(3) The holder may file the affidavit required under this
section within a grace period of 6 months after the end of the
applicable time period established in paragraph (1) or (2),
together with the fee described in subsection (b) and the
additional grace period surcharge prescribed by the Director.
``(b) Requirements for Affidavit.--The affidavit referred to in
subsection (a) shall--
``(1)(A) state that the mark is in use in commerce;
``(B) set forth the goods and services recited in the extension
of protection on or in connection with which the mark is in use in
commerce;
``(C) be accompanied by such number of specimens or facsimiles
showing current use of the mark in commerce as may be required by
the Director; and
``(D) be accompanied by the fee prescribed by the Director; or
``(2)(A) set forth the goods and services recited in the
extension of protection on or in connection with which the mark is
not in use in commerce;
``(B) include a showing that any nonuse is due to special
circumstances which excuse such nonuse and is not due to any
intention to abandon the mark; and
``(C) be accompanied by the fee prescribed by the Director.
``(c) Deficient Affidavit.--If any submission filed within the
period set forth in subsection (a) is deficient, including that the
affidavit was not filed in the name of the holder of the international
registration, the deficiency may be corrected after the statutory time
period, within the time prescribed after notification of the
deficiency. Such submission shall be accompanied by the additional
deficiency surcharge prescribed by the Director.
``(d) Notice of Requirement.--Special notice of the requirement for
such affidavit shall be attached to each certificate of extension of
protection.
``(e) Notification of Acceptance or Refusal.--The Director shall
notify the holder of the international registration who files any
affidavit required by this section of the Director's acceptance or
refusal thereof and, in the case of a refusal, the reasons therefor.
``(f) Designation of Resident for Service of Process and Notices.--
If the holder of the international registration of the mark is not
domiciled in the United States, the holder may designate, by a document
filed in the United States Patent and Trademark Office, the name and
address of a person resident in the United States on whom may be served
notices or process in proceedings affecting the mark. Such notices or
process may be served upon the person so designated by leaving with
that person or mailing to that person a copy thereof at the address
specified in the last designation so filed. If the person so designated
cannot be found at the last designated address, or if the holder does
not designate by a document filed in the United States Patent and
Trademark Office the name and address of a person resident in the
United States on whom may be served notices or process in proceedings
affecting the mark, such notices or process may be served on the
Director.''.
SEC. 4. STUDY AND REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Commerce, in consultation with the
Intellectual Property Enforcement Coordinator, shall study and report
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives on--
(1) the extent to which small businesses may be harmed by
litigation tactics by corporations attempting to enforce trademark
rights beyond a reasonable interpretation of the scope of the
rights granted to the trademark owner; and
(2) the best use of Federal Government services to protect
trademarks and prevent counterfeiting.
(b) Recommendations.--The study and report required under paragraph
(1) shall also include any policy recommendations the Secretary of
Commerce and the Intellectual Property Enforcement Coordinator deem
appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Trademark Technical and Conforming Amendment Act of 2010 - Amends the Act commonly known as the Lanham Act to replace references to "registrant" with references to "owner" in provisions: (1) making a certificate of registration prima facie evidence of the validity, registration, ownership, and exclusive rights to use a mark; and (2) relating to a registrant's surrender, cancellation, or amendment of registration. Requires, in the event of a surrender, cancellation, or amendment, that an appropriate entry be made on the records of the United States Patent and Trademark Office (USPTO) and on the certificate of registration. (Current law allows, when the certificate is lost or destroyed, such an entry to be made on a certified copy of the certificate.)
Requires, when the USPTO makes a material mistake in a registration, that a certificate stating the fact and nature of the mistake be attached to each printed copy of the registration. (Current law requires that the certificate stating the mistake be attached to each printed copy of the registration certificate.)
Replaces references to "registrant" with references to "owner" in provisions relating to the incontestability of the right to use a mark under certain conditions.
Allows the holder of an international registration to appeal to the U.S. Court of Appeals for the Federal Circuit if the holder is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board.
Modifies requirements regarding the duration of registrations and related affidavits and fees.
Requires a study and report to Congress on: (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of federal government services to protect trademarks and prevent counterfeiting.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Nutrition Disclosure
Act of 2015''.
SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND
SIMILAR RETAIL FOOD ESTABLISHMENTS.
(a) In General.--Section 403(q)(5)(H) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended--
(1) in subclause (ii)--
(A) in item (I)(aa), by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
standard menu item, or the number of servings (as
reasonably determined by the restaurant or similar
retail food establishment) and number of calories per
serving, or the number of calories per the common unit
division of the standard menu item, such as for a
multiserving item that is typically divided before
presentation to the consumer'';
(B) in item (II)(aa), by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
standard menu item, or the number of servings (as
reasonably determined by the restaurant or similar
retail food establishment) and number of calories per
serving, or the number of calories per the common unit
division of the standard menu item, such as for a
multiserving item that is typically divided before
presentation to the consumer''; and
(C) by adding at the end the following flush text:
``In the case of restaurants or similar retail food
establishments where the majority of orders are placed by
customers who are off-premises at the time such order is
placed, the information required to be disclosed under items
(I) through (IV) may be provided by a remote-access menu (such
as a menu available on the Internet) as the sole method of
disclosure instead of on-premises writings.'';
(2) in subclause (iii)--
(A) by inserting ``either'' after ``a restaurant or
similar retail food establishment shall''; and
(B) by inserting ``or comply with subclause (ii)''
after ``per serving'';
(3) in subclause (iv)--
(A) by striking ``For the purposes of this clause''
and inserting the following:
``(I) In general.--For the purposes of this
clause'';
(B) by striking ``and other reasonable means'' and
inserting ``or other reasonable means''; and
(C) by adding at the end the following:
``(II) Permissible variation.--If the restaurant or
similar food establishment uses such means as the basis
for its nutrient content disclosures, such disclosures
shall be treated as having a reasonable basis even if
such disclosures vary from actual nutrient content,
including but not limited to variations in serving
size, inadvertent human error in formulation or
preparation of menu items, variations in ingredients,
or other reasonable variations.'';
(4) by amending subclause (v) to read as follows:
``(v) Menu variability and combination meals.--The
Secretary shall establish by regulation standards for
determining and disclosing the nutrient content for standard
menu items that come in different flavors, varieties, or
combinations, but which are listed as a single menu item, such
as soft drinks, ice cream, pizza, doughnuts, or children's
combination meals. Such standards shall allow a restaurant or
similar retail food establishment to choose whether to
determine and disclose such content for the whole standard menu
item, for a serving or common unit division thereof, or for a
serving or common unit division thereof accompanied by the
number of servings or common unit divisions in the whole
standard menu item. Such standards shall allow a restaurant or
similar retail food establishment to determine and disclose
such content by using any of the following methods: ranges,
averages, individual labeling of flavors or components, or
labeling of one preset standard build. In addition to such
methods, the Secretary may allow the use of other methods, to
be determined by the Secretary, for which there is a reasonable
basis (as such term is defined in subclause (iv)(II)).'';
(5) in subclause (x)--
(A) by striking ``Not later than 1 year after the
date of enactment of this clause, the Secretary shall
promulgate proposed regulations to carry out this
clause.'' and inserting ``Not later than 1 year after
the date of enactment of the Common Sense Nutrition
Disclosure Act of 2015, the Secretary shall issue
proposed regulations to carry out this clause, as
amended by such Act. Any final regulations that are
promulgated pursuant to the Common Sense Nutrition
Disclosure Act of 2015, and any final regulations that
were promulgated pursuant to this clause before the
date of enactment of the Common Sense Nutrition
Disclosure Act of 2015, shall not take effect earlier
than 2 years after the promulgation of final
regulations pursuant to the Common Sense Nutrition
Disclosure Act of 2015.''; and
(B) by adding at the end the following:
``(IV) Certifications.--Restaurants and similar
retail food establishments shall not be required to
provide certifications or similar signed statements
relating to compliance with the requirements of this
clause.'';
(6) by amending subclause (xi) to read as follows:
``(xi) Definitions.--In this clause:
``(I) Menu; menu board.--The term `menu' or `menu
board' means the one listing of items which the
restaurant or similar retail food establishment
reasonably believes to be, and designates as, the
primary listing from which customers make a selection
in placing an order. The ability to order from an
advertisement, coupon, flyer, window display,
packaging, social media, or other similar writing does
not make the writing a menu or menu board.
``(II) Preset standard build.--The term `preset
standard build' means the finished version of a menu
item most commonly ordered by consumers.
``(III) Standard menu item.--The term `standard
menu item' means a food item of the type described in
subclause (i) or (ii) of subparagraph (5)(A) with the
same recipe prepared in substantially the same way with
substantially the same food components that--
``(aa) is routinely included on a menu or
menu board or routinely offered as a self-
service food or food on display at 20 or more
locations doing business under the same name;
and
``(bb) is not a food referenced in
subclause (vii).''; and
(7) by adding at the end the following:
``(xii) Opportunity to correct violations.--Any restaurant
or similar retail food establishment that the Secretary
determines is in violation of this clause shall have 90 days
after receiving notification of the violation to correct the
violation. The Secretary shall take no enforcement action,
including the issuance of any public letter, for violations
that are corrected within such 90-day period.''.
(b) National Uniformity.--Section 403A(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343-1(b)) is amended by striking
``may exempt from subsection (a)'' and inserting ``may exempt from
subsection (a) (other than subsection (a)(4))''.
SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING FROM NONCOMPLIANCE
WITH NUTRITION LABELING REQUIREMENTS.
Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343(q)(5)(H)), as amended by section 2, is further amended
by adding at the end the following:
``(xiii) Limitation on liability.--A restaurant or similar
retail food establishment shall not be liable in any civil
action in Federal or State court (other than an action brought
by the United States or a State) for any claims arising out of
an alleged violation of--
``(I) this clause; or
``(II) any State law permitted under section
403A(a)(4).''.
Passed the House of Representatives February 12, 2016.
Attest:
KAREN L. HAAS,
Clerk.
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Common Sense Nutrition Disclosure Act of 2015 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that chain restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off premises. Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item. Reasonable variations in the actual nutrient content of items are permissible, including variations in serving size or ingredients or variations due to inadvertent human error. Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA). Regulations pursuant to this Act cannot take effect earlier than two years after final regulations are promulgated. The FDA must give establishments in violation of nutritional labeling requirements 90 days to correct violations. The FDA may no longer allow states or localities to vary from federal nutritional labeling requirements for chain restaurants. (Sec. 3) Restaurants and retail food establishments are not liable in a civil action for claims regarding federal or state nutritional labeling requirements unless the action is brought by the United States or a state.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Critical Infrastructure
Act''.
SEC. 2. PROTECTION OF INFORMATION.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding after section 215 the following new section:
``SEC. 215A. PROTECTION OF INFORMATION.
``(a) Protection of Information.--
``(1) Prohibition of public disclosure of protected
electric security information.--Protected electric security
information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any State,
local, or tribal authority pursuant to any State,
local, or tribal law requiring disclosure of
information or records.
``(2) Information sharing.--
``(A) In general.--The Commission shall promulgate
such regulations and issue such orders as necessary to
designate protected electric security information and
to prohibit the unauthorized disclosure of such
protected electric security information.
``(B) Sharing of protected electric security
information.--The regulations promulgated and orders
issued pursuant to subparagraph (A) shall provide
standards for and authorize the appropriate voluntary
sharing of protected electric security information
with, between, and by Federal, State, local, and tribal
authorities, the Electric Reliability Organization,
regional entities, Information Sharing and Analysis
Centers established pursuant to Presidential Decision
Directive 63, owners, operators, and users of the bulk-
power system in the United States, and other entities
determined appropriate by the Commission. In
promulgating such regulations and issuing such orders,
the Commission shall take account of the role of State
commissions in reviewing the prudence and cost of
investments, determining the rates and terms of
conditions for electric services, and ensuring the
safety and reliability of the bulk-power system and
distribution facilities within their respective
jurisdictions. In promulgating such regulations and
issuing such orders, the Commission may take into
consideration the Controlled Unclassified Information
framework established by the President. The Commission
shall consult, as appropriate, with Canadian and
Mexican authorities to develop protocols for the
voluntary sharing of protected electric security
information with, between, and by appropriate Canadian
and Mexican authorities and owners, operators, and
users of the bulk-power system outside the United
States.
``(3) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
protected electric security information to share such
information with Federal, State, local, or tribal authorities,
or any other person or entity.
``(4) Submission of information to congress.--Nothing in
this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
``(5) Disclosure of non-protected information.--In
implementing this section, the Commission shall protect from
disclosure only the minimum amount of information necessary to
protect the security and reliability of the bulk-power system
and distribution facilities. The Commission shall segregate
protected electric security information within documents and
electronic communications, wherever feasible, to facilitate
disclosure of information that is not designated as protected
electric security information.
``(6) Duration of designation.--Information may not be
designated as protected electric security information for
longer than 5 years, unless specifically redesignated by the
Commission.
``(7) Removal of designation.--The Commission shall remove
the designation of protected electric security information, in
whole or in part, from a document or electronic communication
if the Commission determines that the unauthorized disclosure
of such information could no longer be used to impair the
security or reliability of the bulk-power system or
distribution facilities.
``(8) Judicial review of designations.--Notwithstanding
section 313(b), any determination by the Commission concerning
the designation of protected electric security information
under this subsection shall be subject to review under chapter
7 of title 5, except that such review shall be brought in the
district court of the United States in the district in which
the complainant resides, or has his principal place of
business, or in the District of Columbia. In such a case the
court shall examine in camera the contents of documents or
electronic communications that are the subject of the
determination under review to determine whether such documents
or any part thereof were improperly designated or not
designated as protected electric security information.
``(b) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the
meanings given such terms in section 215.
``(2) Distribution facilities.--The term `distribution
facilities' means facilities used in the local distribution of
electric energy.
``(3) Electromagnetic pulse.--The term `electromagnetic
pulse' means one or more pulses of electromagnetic energy
emitted by a device capable of disabling, disrupting, or
destroying electronic equipment by means of such a pulse.
``(4) Grid security threat.--The term `grid security
threat' means a substantial likelihood of--
``(A)(i) a malicious act using electronic
communication or an electromagnetic pulse that could
disrupt the operation of those electronic devices or
communications networks, including hardware, software,
and data, that are essential to the security or
reliability of the bulk-power system; and
``(ii) disruption of the operation of such devices
or networks, with significant adverse effects on the
security or reliability of the bulk-power system, as a
result of such act or event; or
``(B)(i) a direct physical attack on, or
intentional interference with, the bulk-power system;
and
``(ii) significant adverse effects on the security
or reliability of the bulk-power system as a result of
such physical attack or interference.
``(5) Grid security vulnerability.--The term `grid security
vulnerability' means a weakness in the bulk-power system that,
in the event of--
``(A) a malicious act using electronic
communication or an electromagnetic pulse, would pose a
substantial risk of disruption to the operation of
those electronic devices or communications networks,
including hardware, software, data, and facilities,
that are essential to the security or reliability of
the bulk-power system; or
``(B) a direct physical attack, or intentional
interference with, the bulk-power system, would pose a
substantial risk of significant adverse effects on the
security or reliability of the bulk-power system.
``(6) Protected electric security information.--The term
`protected electric security information'--
``(A) means information generated by or provided to
the Commission, other than classified national security
information, that is designated as protected electric
security information by the Commission under subsection
(a)(2)--
``(i) that specifically discusses or
identifies grid security threats, grid security
vulnerabilities, or plans, procedures, or
measures to address such threats or
vulnerabilities; and
``(ii) the unauthorized disclosure of which
could be used in a malicious manner to impair,
attack, or interfere with the security or
reliability of the bulk-power system or
distribution facilities; and
``(B) includes data, modeling, or representations
related to grid security that could be used to generate
information described in subparagraph (A).
``(7) Security.--The definition of `security' in section
3(16) shall not apply to the provisions in this section.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
after ``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after
``215,''.
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Protecting Critical Infrastructure Act This bill amends the Federal Power Act to: (1) exempt protected electric security information from mandatory public disclosure under the Freedom of Information Act; and (2) prohibit any state, local, or tribal authority from disclosing such information pursuant to state, local, or tribal law. The Federal Energy Regulatory Commission (FERC) shall promulgate specified regulations and issue the orders necessary to designate protected electric security information and to prohibit its unauthorized disclosure. There is no requirement for a person or entity in possession of protected electric security information to share it with federal, state, local, or tribal authorities. Sharing information with Congress, however, is permitted. Unless specifically redesignated by FERC, information may not be designated as protected electric security information for longer than five years. FERC shall remove a designation, in whole or in part, if it determines that its unauthorized disclosure could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gynecologic Cancer Education and
Awareness Act of 2005'' or ``Johanna's Law''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Section 317P of the Public Health Service Act (42 U.S.C. 247b-17)
is amended--
(1) in the section heading by adding ``(johanna's law)'' at the
end; and
(2) by adding at the end the following:
``(d) Johanna's Law.--
``(1) National public awareness campaign.--
``(A) In general.--The Secretary shall carry out a national
campaign to increase the awareness and knowledge of health care
providers and women with respect to gynecologic cancers.
``(B) Written materials.--Activities under the national
campaign under subparagraph (A) shall include--
``(i) maintaining a supply of written materials that
provide information to the public on gynecologic cancers;
and
``(ii) distributing the materials to members of the
public upon request.
``(C) Public service announcements.--Activities under the
national campaign under subparagraph (A) shall, in accordance
with applicable law and regulations, include developing and
placing, in telecommunications media, public service
announcements intended to encourage women to discuss with their
physicians their risks of gynecologic cancers. Such
announcements shall inform the public on the manner in which
the written materials referred to in subparagraph (B) can be
obtained upon request, and shall call attention to early
warning signs and risk factors based on the best available
medical information.
``(2) Report and strategy.--
``(A) Report.--Not later than 6 months after the date of
the enactment of this subsection, the Secretary shall submit to
the Congress a report including the following:
``(i) A description of the past and present activities
of the Department of Health and Human Services to increase
awareness and knowledge of the public with respect to
different types of cancer, including gynecologic cancers.
``(ii) A description of the past and present activities
of the Department of Health and Human Services to increase
awareness and knowledge of health care providers with
respect to different types of cancer, including gynecologic
cancers.
``(iii) For each activity described pursuant to clause
(i) or (ii), a description of the following:
``(I) The funding for such activity for fiscal year
2006 and the cumulative funding for such activity for
previous fiscal years.
``(II) The background and history of such activity,
including--
``(aa) the goals of such activity;
``(bb) the communications objectives of such
activity;
``(cc) the identity of each agency within the
Department of Health and Human Services responsible
for any aspect of the activity; and
``(dd) how such activity is or was expected to
result in change.
``(III) How long the activity lasted or is expected
to last.
``(IV) The outcomes observed and the evaluation
methods, if any, that have been, are being, or will be
used with respect to such activity.
``(V) For each such outcome or evaluation method, a
description of the associated results, analyses, and
conclusions.
``(B) Strategy.--
``(i) Development; submission to congress.--Not later
than 3 months after submitting the report required by
subparagraph (A), the Secretary shall develop and submit to
the Congress a strategy for improving efforts to increase
awareness and knowledge of the public and health care
providers with respect to different types of cancer,
including gynecological cancers.
``(ii) Consultation.--In developing the strategy under
clause (i), the Secretary should consult with qualified
private sector groups, including nonprofit organizations.
``(3) Full compliance.--
``(A) In general.--Not later than March 1, 2008, the
Secretary shall ensure that all provisions of this section,
including activities directed to be carried out by the Centers
for Disease Control and Prevention and the Food and Drug
Administration, are fully implemented and being complied with.
Not later than April 30, 2008, the Secretary shall submit to
Congress a report that certifies compliance with the preceding
sentence and that contains a description of all activities
undertaken to achieve such compliance.
``(B) If the Secretary fails to submit the certification as
provided for under subparagraph (A), the Secretary shall, not
later than 3 months after the date on which the report is to be
submitted under subparagraph (A), and every 3 months
thereafter, submit to Congress an explanation as to why the
Secretary has not yet complied with the first sentence of
subparagraph (A), a detailed description of all actions
undertaken within the month for which the report is being
submitted to bring the Secretary into compliance with such
sentence, and the anticipated date the Secretary expects to be
in full compliance with such sentence.
``(4) Authorization of appropriations.--For the purpose of
carrying out this subsection, there is authorized to be
appropriated $16,500,000 for the period of fiscal years 2007
through 2009.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of health care providers and women with respect to gynecologic cancers. Requires campaign activities to include: (1) maintaining a supply of written materials and providing information to the public upon request; and (2) making public service announcements to encourage women to discuss their risks with their physicians. Requires such public service announcements to call attention to early warning signs and risk factors based on the best available medical information.
Sets forth reporting requirements. Requires the Secretary to submit to Congress a strategy for improving efforts to increase awareness and knowledge of the public and health care providers with respect to different types of cancer, including gynecological cancers.
Requires the Secretary to: (1) ensure that all provisions of this Act are fully implemented and being complied with not later than March 1, 2008; and (2) submit to Congress a report that certifies compliance and contains a description of all activities undertaken to achieve such compliance. Requires additional reports to Congress if the Secretary fails to submit the certification.
Authorizes appropriations.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Strengthening and
Protection Act of 1999''.
SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST
FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND.
(a) In General.--Section 201(d) of the Social Security Act (42
U.S.C. 401(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``Such investments may be made only'' and
inserting the following: ``Except as provided in paragraphs (2)
and (3), such investments may be made only'';
(3) by striking the last sentence; and
(4) by adding at the end the following new paragraphs:
``(2)(A) As of the end of each fiscal year, the Managing Trustee
shall determine--
``(i) the surplus (if any) in the total budget of the
Government of the United States, and
``(ii) the total amount of the Trust Funds then invested in
obligations issued pursuant to paragraph (1).
``(B) During the following fiscal year, the Managing Trustee shall
purchase qualified investments, with amounts otherwise available in the
general fund of the Treasury, at original issue or on the market, at a
total cost equal to at least 90 percent of the surplus referred to in
subparagraph (A)(i), except that such total cost may not exceed the
total amount referred to in subparagraph (A)(ii).
``(C) Upon the purchase of qualified investments pursuant to
subparagraph (B), the Managing Trustee shall redeem, with such
qualified investments, obligations which have been issued pursuant to
paragraph (1) and are held by either of the Trust Funds. Such qualified
investments shall be held by the Trust Fund until liquidation of such
qualified investments is necessary to meet current withdrawals or is
otherwise determined by the Managing Trustee to be in the public
interest.
``(D) Effective for fiscal years beginning after such time as all
obligations issued pursuant to paragraph (1) and held by the Trust
Funds have been redeemed with qualified investments pursuant to
subparagraph (C), the Managing Trustee shall invest only in qualified
investments such portion of each Trust Fund as is not, in his judgment,
required to meet current withdrawals.
``(E) The Managing Trustee shall exercise his authority under this
paragraph solely for the benefit of the beneficiaries under the old-
age, survivors, and disability insurance program under this title.
``(3) For purposes of paragraph (2)--
``(A)(i) The term `qualified investment' means a marketable
interest-bearing obligation of the United States, purchased on
original issue or at the market price, which meets the
requirements of clause (ii).
``(ii) An obligation referred to in clause (i) meets the
requirements of this section if such obligation--
``(I) has a maturity fixed with due regard for the
needs of the Trust Funds,
``(II) bears interest at a rate at least equal to
the average market yield (computed by the Managing
Trustee on the basis of market quotations as of the end
of the calendar month next preceding the date of
purchase) on all marketable interest-bearing
obligations of the United States then forming a part of
the public debt which are not due or callable until
after the expiration of four years from the end of such
calendar month, and
``(III) is subject to an option to redeem such
obligations at any time at the purchase price.
``(B) The term `total budget of the United States
Government' means all spending and receipt accounts of the
United States Government that are designated as on-budget or
off-budget accounts.
``(4) The preceding provisions of this subsection shall be subject
to such reforms of the old-age, survivors, and disability insurance
program under this title as may be provided in legislation enacted
after the date of the enactment of the Social Security Strengthening
and Protection Act of 1999.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to fiscal years beginning on or after October 1,
2000.
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS FROM THE PUBLIC
DEBT LIMIT.
(a) Protection of Trust Funds.--Notwithstanding any other provision
of law--
(1) no officer or employee of the United States may--
(A) delay the deposit of any amount into (or delay
the credit of any amount to) the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund or otherwise vary from
the normal terms, procedures, or timing for making such
deposits or credits, or
(B) refrain from the investment in public debt
obligations of amounts in either of such Trust Funds,
if a purpose of such action or inaction is to not increase the
amount of outstanding public debt obligations, and
(2) no officer or employee of the United States may
disinvest amounts in either of such Trust Funds which are
invested in public debt obligations if a purpose of the
disinvestment is to reduce the amount of outstanding public
debt obligations.
(b) Protection of Benefits and Expenditures for Administrative
Expenses.--
(1) In general.--Notwithstanding subsection (a), during any
period for which cash benefits or administrative expenses would
not otherwise be payable from the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability Insurance Trust
Fund by reason of an inability to issue further public debt
obligations because of the applicable public debt limit, public
debt obligations held by such Trust Fund shall be sold or
redeemed only for the purpose of making payment of such
benefits or administrative expenses and only to the extent cash
assets of such Trust Fund are not available from month to month
for making payment of such benefits or administrative expenses.
(2) Issuance of corresponding debt.--For purposes of
undertaking the sale or redemption of public debt obligations
held by the Federal Old-Age and Survivors Insurance Trust Fund
or the Federal Disability Insurance Trust Fund pursuant to
paragraph (1), the Secretary of the Treasury may issue
corresponding public debt obligations to the public, in order
to obtain the cash necessary for payment of benefits or
administrative expenses from such Trust Fund, notwithstanding
the public debt limit.
(3) Advance notice of sale or redemption.--Not less than 3
days prior to the date on which, by reason of the public debt
limit, the Secretary of the Treasury expects to undertake a
sale or redemption authorized under paragraph (1), the
Secretary of the Treasury shall report to each House of the
Congress and to the Comptroller General of the United States
regarding the expected sale or redemption. Upon receipt of such
report, the Comptroller General shall review the extent of
compliance with subsection (a) and paragraphs (1) and (2) of
this subsection and shall issue such findings and
recommendations to each House of the Congress as the
Comptroller General considers necessary and appropriate.
(c) Public Debt Obligation.--For purposes of this section, the term
``public debt obligation'' means any obligation subject to the public
debt limit established under section 3101 of title 31, United States
Code.
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Social Security Strengthening and Protection Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (social security trust funds) to establish guidelines mandating the eventual investment by the Managing Trustee of such portion of each such social security trust fund not required to meet current withdrawals only in certain marketable interest-bearing obligations of the United States .
Prohibits disinvestment of such trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of social security trust fund public debt obligations for payment of cash benefits and administrative expenses, with conditions, including advance notification to each House of the Congress and the Comptroller General before such sale.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Copyright in Research Works
Act''.
SEC. 2. LIMITATIONS ON FEDERAL GOVERNMENT REGARDING EXTRINSIC WORKS.
(a) In General.--Section 201 of title 17, United States Code, is
amended by adding at the end the following new subsection:
``(f) Limitations on the Federal Government.--
``(1) Limitations regarding funding agreements.--No Federal
agency may, in connection with a funding agreement--
``(A) impose or cause the imposition of any term or
condition that--
``(i) requires the transfer or license to
or for a Federal agency of--
``(I) any right provided under
paragraph (3), (4) or (5) of section
106 in an extrinsic work; or
``(II) any right provided under
paragraph (1) or (2) of section 106 in
an extrinsic work, to the extent that,
solely for purposes of this subsection,
such right involves the availability to
the public of that work; or
``(ii) requires the absence or abandonment
of any right described in subclause (I) or (II)
of clause (i) in an extrinsic work;
``(B) impose or cause the imposition of, as a
condition of a funding agreement, the waiver of, or
assent to, any prohibition under subparagraph (A); or
``(C) assert any rights under this title in
material developed under any funding agreement that
restrain or limit the acquisition or exercise of rights
under this title in an extrinsic work.
Any term, condition, or assertion prohibited under subparagraph
(A), (B), or (C) shall be given no effect under this title or
otherwise.
``(2) Construction.--
``(A) Certain other rights not limited.--Nothing in
paragraph (1)(A)(i)(II) shall be construed to limit the
rights provided to the copyright owner under paragraphs
(1) and (2) of section 106.
``(B) No new copyright protection created.--Nothing
in this subsection provides copyright protection to any
subject matter that is not protected under section 102.
``(3) Definitions.--In this subsection:
``(A) Extrinsic work.--The term `extrinsic work'
means any work, other than a work of the United States
Government, that is based upon, derived from, or
related to, a funding agreement and--
``(i) is also funded in substantial part by
one or more other entities, other than a
Federal agency, that are not a party to the
funding agreement or acting on behalf of such a
party; or
``(ii) represents, reflects, or results
from a meaningful added value or process
contributed by one or more other entities,
other than a Federal agency, that are not a
party to the funding agreement or acting on
behalf of such a party.
``(B) Federal agency.--The term `Federal agency'
means any department, agency, or instrumentality of the
United States Government.
``(C) Funding agreement.--The term `funding
agreement' means any contract, grant, or other
agreement entered into between a Federal agency and any
person under which funds are provided by a Federal
agency, in whole or in part, for the performance of
experimental, developmental, or research activities.''.
(b) Applicability.--The amendment made by subsection (a) applies to
any funding agreement that is entered into on or after the date of the
enactment of this Act.
(c) Report to Congressional Committees.--Not later than the date
that is 5 years after the date of the enactment of this Act, the
Register of Copyrights shall, after consulting with the Comptroller
General and with Federal agencies that provide funding under funding
agreements and with publishers in the private sector, review and submit
to the appropriate congressional committees a report on the Register's
views on section 201(f) of title 17, United States Code, as added by
subsection (a) of this section, taking into account the development of
and access to extrinsic works and materials developed under funding
agreements, including the role played by publishers in the private
sector and others.
(d) Definitions.--In this section:
(1) Extrinsic work; federal agency; funding agreement.--The
terms ``extrinsic work'', ``Federal agency'', and ``funding
agreement'' have the meanings given those terms in section
201(f)(3) of title 17, United States Code, as added by
subsection (a) of this section.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
the Judiciary and the Committee on Appropriations of the House
of Representatives and the Committee on the Judiciary and the
Committee on Appropriations of the Senate.
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Fair Copyright in Research Works Act - Prohibits any federal agency from imposing any condition, in connection with a funding agreement, that requires the transfer or license to or for a federal agency, or requires the absence or abandonment, of specified exclusive rights of a copyright owner in an extrinsic work.
Prohibits any federal agency from: (1) imposing, as a condition of a funding agreement, the waiver of, or assent to, any such prohibition; or (2) asserting any rights in material developed under any funding agreement that restrain or limit the acquisition or exercise of copyright rights in an extrinsic work.
Defines "funding agreement" as any contract, grant, or other agreement entered into between a federal agency and any person under which funds are provided by a federal agency for the performance of experimental, developmental, or research activities.
Defines "extrinsic work" as any work, other than a work of the U.S. government, that is related to a funding agreement and is also funded in substantial part by, or results from a meaningful added value contributed by, one or more nonfederal entities that are not a party to the funding agreement.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Care And Readiness Enhancement for
Reservists Act of 2017'' or the ``CARE for Reservists Act of 2017''.
SEC. 2. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND
RELATED OUTPATIENT SERVICES FROM DEPARTMENT OF VETERANS
AFFAIRS TO INCLUDE MEMBERS OF THE RESERVE COMPONENTS OF
THE ARMED FORCES.
(a) Readjustment Counseling.--Subsection (a)(1) of section 1712A of
title 38, United States Code, is amended by adding at the end the
following new subparagraph:
``(D)(i) The Secretary, in consultation with the Secretary of
Defense, may furnish to any member of the reserve components of the
Armed Forces who has a behavioral health condition or psychological
trauma, counseling under subparagraph (A)(i), which may include a
comprehensive individual assessment under subparagraph (B)(i).
``(ii) A member of the reserve components of the Armed Forces
described in clause (i) shall not be required to obtain a referral
before being furnished counseling or an assessment under this
subparagraph.''.
(b) Outpatient Services.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting ``to an individual'' after ``If,
on the basis of the assessment furnished''; and
(B) by striking veteran each place it appears and
inserting ``individual''; and
(2) in paragraph (2), by striking ``veteran'' and inserting
``individual''.
(c) Staffing and Resources of the Department of Veterans Affairs.--
(1) Vet centers.--
(A) In general.--In order to properly plan for any
expansion of services provided as a result of the
amendments made by subsections (a) and (b), the
Secretary of Veterans Affairs shall evaluate current
and future workload under section 1712A of title 38,
United States Code, as amended by subsections (a) and
(b), to determine whether more Vet Centers, including
mobile Vet Centers, are needed to handle such
expansion.
(B) Discussions regarding memoranda of
understanding.--If, at a Vet Center, workload treating
members of the Armed Forces exceeds workload treating
veterans, the Secretary of Veterans Affairs shall enter
into discussions with the Secretary of Defense to
determine whether a reimbursable memorandum of
understanding between the Department of Veterans
Affairs and the Department of Defense is warranted with
respect to services provided at that Vet Center.
(C) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans'
Affairs, the Committee on Armed Services, and the
Committee on Appropriations of the Senate and the
Committee on Veterans' Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the
House of Representatives a report on--
(i) the evaluation conducted under
subparagraph (A); and
(ii) any discussions between the Secretary
of Veterans Affairs and the Secretary of
Defense under subparagraph (B).
(2) Readjustment counseling service.--The Secretary of
Veterans Affairs shall ensure that the Chief Officer of the
Readjustment Counseling Service of the Veterans Health
Administration has such staff, resources, and access to
information as may be necessary to carry out the expansion of
services resulting from the amendments made by subsections (a)
and (b).
(3) Vet center defined.--In this subsection, the term ``Vet
Center'' has the meaning given that term in section 1712A(h) of
title 38, United States Code.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 90 days after the date of the
enactment of this Act.
SEC. 3. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF VETERANS
AFFAIRS TO MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED
FORCES.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1788. Mental health services for members of the reserve
components of the Armed Forces
``The Secretary, in consultation with the Secretary of Defense, may
furnish mental health services to members of the reserve components of
the Armed Forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1787 the following new item:
``1788. Mental health services for members of the reserve components of
the Armed Forces.''.
SEC. 4. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL HEALTH
PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Suicide Prevention Program.--
(1) In general.--Section 1720F of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(l)(1) Covered Individual Defined.--In this section, the term
`covered individual' means a veteran or a member of the reserve
components of the Armed Forces.
``(2) In determining coverage of members of the reserve components
of the Armed Forces under the comprehensive program, the Secretary
shall consult with the Secretary of Defense.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a), by striking ``veterans'' and
inserting ``covered individuals'';
(B) in subsection (b), by striking ``veterans''
each place it appears and inserting ``covered
individuals'';
(C) in subsection (c)--
(i) in the subsection heading, by striking
``of Veterans'';
(ii) by striking ``veterans'' each place it
appears and inserting ``covered individuals'';
and
(iii) by striking ``veteran'' and inserting
``individual'';
(D) in subsection (d), by striking ``to veterans''
each place it appears and inserting ``to covered
individuals'';
(E) in subsection (e), in the matter preceding
paragraph (1), by striking ``veterans'' and inserting
``covered individuals'';
(F) in subsection (f)--
(i) in the first sentence, by striking
``veterans'' and inserting ``covered
individuals''; and
(ii) in the second sentence, by inserting
``or members'' after ``veterans'';
(G) in subsection (g), by striking ``veterans'' and
inserting ``covered individuals'';
(H) in subsection (h), by striking ``veterans'' and
inserting ``covered individuals'';
(I) in subsection (i)--
(i) in the subsection heading, by striking
``for Veterans and Families'';
(ii) in the matter preceding paragraph (1),
by striking ``veterans and the families of
veterans'' and inserting ``covered individuals
and the families of covered individuals'';
(iii) in paragraph (2), by striking
``veterans'' and inserting ``covered
individuals''; and
(iv) in paragraph (4), by striking
``veterans'' each place it appears and
inserting ``covered individuals'';
(J) in subsection (j)(1), by striking ``veterans''
each place it appears and inserting ``covered
individuals''; and
(K) in subsection (k), by striking ``veterans'' and
inserting ``covered individuals''.
(3) Clerical amendments.--
(A) In general.--Such section is further amended,
in the section heading, by inserting ``and members of
the reserve components of the armed forces'' after
``veterans''.
(B) Table of sections.--The table of sections at
the beginning of chapter 17 of such title is amended by
striking the item relating to section 1720F and
inserting the following new item:
``1720F. Comprehensive program for suicide prevention among veterans
and members of the reserve components of
the Armed Forces.''.
(b) Mental Health Treatment for Individuals Who Served in
Classified Missions.--
(1) In general.--Section 1720H of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``eligible
veteran'' and inserting ``eligible
individual''; and
(II) by striking ``the veteran''
and inserting ``the individual'';
(ii) in paragraph (3), by striking
``eligible veterans'' and inserting ``eligible
individuals'';
(B) in subsection (b)--
(i) by striking ``a veteran'' and inserting
``an individual''; and
(ii) by striking ``eligible veteran'' and
inserting ``eligible individual''; and
(C) in subsection (c)--
(i) in paragraph (2), in the matter
preceding subparagraph (A), by striking ``The
term `eligible veteran' means a veteran'' and
inserting ``The term `eligible individual'
means a veteran or a member of the reserve
components of the Armed Forces''; and
(ii) in paragraph (3), by striking
``eligible veteran'' and inserting ``eligible
individual''.
(2) Clerical amendments.--
(A) In general.--Such section is further amended,
in the section heading, by inserting ``and members of
the reserve components of the armed forces'' after
``veterans''.
(B) Table of sections.--The table of sections at
the beginning of chapter 17 of such title is amended by
striking the item relating to section 1720H and
inserting the following new item:
``1720H. Mental health treatment for veterans and members of the
reserve components of the Armed Forces who
served in classified missions.''.
SEC. 5. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY THE
DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED
FORCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate and the Committee on Veterans' Affairs and
the Committee on Appropriations of the House of Representatives a
report that includes an assessment of the following:
(1) The increase, as compared to the day before the date of
the enactment of this Act, of the number of members of the
Armed Forces that use readjustment counseling or outpatient
mental health care from the Department of Veterans Affairs,
disaggregated by State, Vet Center location, and clinical care
site of the Department, as appropriate.
(2) The number of members of the reserve component of the
Armed Forces receiving telemental health care from the
Department.
(3) The increase, as compared to the day before the date of
the enactment of this Act, of the annual cost associated with
readjustment counseling and outpatient mental health care
provided by the Department to members of the reserve components
of the Armed Forces.
(4) The changes, as compared to the day before the date of
the enactment of this Act, in staffing, training, organization,
and resources required for the Department to offer readjustment
counseling and outpatient mental health care to members of the
reserve components of the Armed Forces.
(5) Any challenges the Department has encountered in
providing readjustment counseling and outpatient mental health
care to members of the reserve components of the Armed Forces.
(b) Vet Center Defined.--In this section, the term ``Vet Center''
has the meaning given that term in section 1712A(h) of title 38, United
States Code.
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Care And Readiness Enhancement for Reservists Act of 2017 or the CARE for Reservists Act of 2017 This bill authorizes the Department of Veterans Affairs (VA) to provide counseling without referral, which may include a comprehensive individual assessment, to any member of the reserve components of the Armed Forces who has a behavioral health condition or psychological trauma. Outpatient services shall also be available to such reservists. The VA shall evaluate current and future workloads to determine whether more Vet Centers, including mobile Vet Centers, are needed to handle an expansion of services resulting from such increased eligibility. If a Vet Center's workload treating members of the Armed Forces exceeds its workload treating veterans, the VA shall enter into discussions with the Department of Defense (DOD) to determine whether a reimbursable memorandum of understanding between the VA and DOD for the center's services is warranted. The VA may furnish mental health services to such reservists. Such reservists are included in the VA programs of: (1) comprehensive suicide prevention, and (2) mental health treatment for veterans who served in classified missions.
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Provide a condensed version of the following text: SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.
(a) In General.--Part S of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended by
adding at the end the following:
``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.
``(a) Definitions.--In this section--
``(1) the term `jail-based substance abuse treatment
program' means a course of individual and group activities,
lasting for a period of not less than 3 months, in an area of a
correctional facility set apart from the general population of
the correctional facility, if those activities are--
``(A) directed at the substance abuse problems of
prisoners; and
``(B) intended to develop the cognitive,
behavioral, social, vocational, and other skills of
prisoners in order to address the substance abuse and
related problems of prisoners; and
``(2) the term `local correctional facility' means any
correctional facility operated by a unit of local government.
``(b) Authorization.--
``(1) In general.--Not less than 10 percent of the total
amount made available to a State under section 1904(a) for any
fiscal year may be used by the State to make grants to local
correctional facilities in the State for the purpose of
assisting jail-based substance abuse treatment programs
established by those local correctional facilities.
``(2) Federal share.--The Federal share of a grant made by
a State under this section to a local correctional facility may
not exceed 75 percent of the total cost of the jail-based
substance abuse treatment program described in the application
submitted under subsection (c) for the fiscal year for which
the program receives assistance under this section.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant from a
State under this section for a jail-based substance abuse
treatment program, the chief executive of a local correctional
facility shall submit to the State, in such form and containing
such information as the State may reasonably require, an
application that meets the requirements of paragraph (2).
``(2) Application requirements.--Each application submitted
under paragraph (1) shall include--
``(A) with respect to the jail-based substance
abuse treatment program for which assistance is sought,
a description of the program and a written
certification that--
``(i) the program has been in effect for
not less than 2 consecutive years before the
date on which the application is submitted; and
``(ii) the local correctional facility
will--
``(I) coordinate the design and
implementation of the program between
local correctional facility
representatives and the appropriate
State and local alcohol and substance
abuse agencies;
``(II) implement (or continue to
require) proven reliable forms of
substance abuse testing (other than
self-reporting) of individuals
participating in the program, including
the testing of individuals released
from the jail-based substance abuse
treatment program who remain in the
custody of the local correctional
facility; and
``(III) carry out the program in
accordance with guidelines, which shall
be established by the State, in order
to guarantee each participant in the
program access to consistent, continual
care if transferred to a different
local correctional facility within the
State;
``(B) written assurances that Federal funds
received by the local correctional facility from the
State under this section will be used to supplement,
and not to supplant, non-Federal funds that would
otherwise be available for jail-based substance abuse
treatment programs assisted with amounts made available
to the local correctional facility under this section;
and
``(C) a description of the manner in which amounts
received by the local correctional facility from the
State under this section will be coordinated with
Federal assistance for substance abuse treatment and
aftercare services provided to the local correctional
facility by the Substance Abuse and Mental Health
Services Administration of the Department of Health and
Human Services.
``(d) Review of Applications.--
``(1) In general.--Upon receipt of an application under
subsection (c), the State shall--
``(A) review the application to ensure that the
application, and the jail-based residential substance
abuse treatment program for which a grant under this
section is sought, meet the requirements of this section; and
``(B) if so, make an affirmative finding in writing
that the jail-based substance abuse treatment program
for which assistance is sought meets the requirements
of this section.
``(2) Approval.--Based on the review conducted under
paragraph (1), not later than 90 days after the date on which
an application is submitted under subsection (c), the State
shall--
``(A) approve the application, disapprove the
application, or request a continued evaluation of the
application for an additional period of 90 days; and
``(B) notify the applicant of the action taken
under subparagraph (A) and, with respect to any denial
of an application under subparagraph (A), afford the
applicant an opportunity for reconsideration.
``(3) Eligibility for preference with aftercare
component.--
``(A) In general.--In making grants under this
section, a State shall give preference to applications
from local correctional facilities that ensure that
each participant in the jail-based substance abuse
treatment program for which a grant under this section
is sought, is required to participate in an aftercare
services program that meets the requirements of
subparagraph (B), for a period of not less than 1 year
following the earlier of--
``(i) the date on which the participant
completes the jail-based substance abuse
treatment program; or
``(ii) the date on which the participant is
released from the correctional facility at the
end of the participant's sentence or is
released on parole.
``(B) Aftercare services program requirements.--For
purposes of subparagraph (A), an aftercare services
program meets the requirements of this paragraph if the
program--
``(i) in selecting individuals for
participation in the program, gives priority to
individuals who have completed a jail-based
substance abuse treatment program;
``(ii) requires each participant in the
program to submit to periodic substance abuse
testing; and
``(iii) involves the coordination between
the jail-based substance abuse treatment
program and other human service and
rehabilitation programs that may assist in the
rehabilitation of program participants, such
as--
``(I) educational and job training
programs;
``(II) parole supervision programs;
``(III) half-way house programs;
and
``(IV) participation in self-help
and peer group programs; and
``(iv) assists in placing jail-based
substance abuse treatment program participants
with appropriate community substance abuse
treatment facilities upon release from the
correctional facility at the end of a sentence
or on parole.
``(e) Coordination and Consultation.--
``(1) Coordination.--Each State that makes 1 or more grants
under this section in any fiscal year shall, to the maximum
extent practicable, implement a statewide communications
network with the capacity to track the participants in jail-
based substance abuse treatment programs established by local
correctional facilities in the State as those participants move
between local correctional facilities within the State.
``(2) Consultation.--Each State described in paragraph (1)
shall consult with the Attorney General and the Secretary of
Health and Human Services to ensure that each jail-based
substance abuse treatment program assisted with a grant made by
the State under this section incorporates applicable components
of comprehensive approaches, including relapse prevention and
aftercare services.
``(f) Use of Grant Amounts.--
``(1) In general.--Each local correctional facility that
receives a grant under this section shall use the grant amount
solely for the purpose of carrying out the jail-based substance
abuse treatment program described in the application submitted
under subsection (c).
``(2) Administration.--Each local correctional facility
that receives a grant under this section shall carry out all
activities relating to the administration of the grant amount,
including reviewing the manner in which the amount is expended,
processing, monitoring the progress of the program assisted,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``(3) Restriction.--A local correctional facility may not
use any amount of a grant under this section for land
acquisition or a construction project.
``(g) Reporting Requirement; Performance Review.--
``(1) Reporting requirement.--Not later than March 1 of
each year, each local correctional facility that receives a
grant under this section shall submit to the Attorney General,
through the State, a description and evaluation of the jail-
based substance abuse treatment program carried out by the
local correctional facility with the grant amount, in such form
and containing such information as the Attorney General may
reasonably require.
``(2) Performance review.--The Attorney General shall
conduct an annual review of each jail-based substance abuse
treatment program assisted under this section, in order to
verify the compliance of local correctional facilities with the
requirements of this section.
``(h) No Effect on State Allocation.--Nothing in this section shall
be construed to affect the allocation of amounts to States under
section 1904(a).''.
(b) Technical Amendment.--The table of contents for title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended, in the matter relating to part S, by adding at the
end the following:
``1906. Jail-based substance abuse treatment.''.
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Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize not less than ten percent of the total amount made available to a State for residential substance abuse treatment for State prisoners to be used for grants to local correctional facilities in the State to assist jail-based substance abuse treatment programs. Limits the Federal share to 75 percent of the total program cost.
Sets forth provisions regarding application requirements, review, and approval. Grants preference to applications that provide for certain aftercare services and periodic substance abuse testing. Requires States making grants to implement a statewide communications network with the capacity to track participants. Sets forth reporting and performance review requirements.
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Make a brief summary of the following text: SECTION 1. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE TRADE ACT OF
1974.
(a) Test for Positive Adjustments to Import Competition.--Section
201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by
striking ``be a substantial cause of serious injury, or the threat
thereof,'' and inserting ``cause or threaten to cause serious injury''.
(b) Investigations and Determinations.--Section 202 of such Act (19
U.S.C. 2252) is amended--
(1) in subsection (b)(1)(A), by striking ``be a substantial
cause of serious injury, or the threat thereof,'' and inserting
``cause or threaten to cause serious injury'';
(2) by amending subsection (b)(1)(B) to read as follows:
``(B) For purposes of this section, the term `cause' refers
to a cause that contributes significantly to serious injury, or
the threat thereof, to the domestic industry but need not be
equal to or greater than any other cause.'';
(3) in subsection (c)--
(A) by amending paragraph (1)(A) to read as
follows:
``(A) with respect to serious injury--
``(i) change in the level of sales,
production, productivity, capacity utilization,
profits and losses, and employment,
``(ii) the significant idling of productive
facilities in the domestic industry,
``(iii) the inability of a significant
number of firms to carry out domestic
production operations at a reasonable level of
profit, and
``(iv) significant unemployment or
underemployment within the domestic
industry;'';
(B) in paragraph (1)(B)--
(i) in clause (iii) by striking ``; and''
and inserting ``, and''; and
(ii) by inserting after clause (iii) the
following:
``(iv) foreign production capacity, foreign
inventories, the level of demand in third
country markets, and the availability of other
export markets to absorb any additional
exports; and'';
(C) by amending paragraph (1)(C) to read as
follows:
``(C) with respect to cause--
``(i) the rate, amount, and timing of the
increase in imports of the product concerned in
absolute and relative terms, including whether
there has been a substantial increase in
imports over a short period of time, and
``(ii) the share of the domestic market
taken by increased imports.'';
(D) by redesignating paragraphs (3) through (6) as
paragraphs (5) through (8), respectively;
(E) by striking paragraph (2) and inserting the
following:
``(2) In making determinations under paragraph (1)(A) and
(B), if domestic producers internally transfer significant
production of the article like or directly competitive with the
imported article for the production of a downstream article and
sell significant production of the article like or directly
competitive with the imported article in the merchant market,
and the Commission finds that--
``(A) the article like or directly competitive with
the imported article produced that is internally
transferred for processing into that downstream article
does not enter the merchant market for the article like
or directly competitive with the imported article,
``(B) the article like or directly competitive with
the imported article is the predominant material input
in the production of that downstream article, and
``(C) the production of the article like or
directly competitive with the imported article sold in
the merchant market is not generally used in the
production of the downstream article,
then the Commission, in determining market share and the
factors affecting financial performance set forth in paragraph
(1)(A) and (B), shall focus primarily on the merchant market
for the article like or directly competitive with the imported
article.
``(3) In making determinations under subsection (b), the
Commission shall--
``(A) consider the condition of the domestic
industry over the course of the relevant business
cycle, but may not aggregate the causes of declining
demand associated with a recession or economic downturn
in the United States economy into a single cause of
serious injury or threat of injury; and
``(B) examine factors other than imports which may
cause or threaten to cause serious injury to the
domestic industry.
The Commission shall include the results of its examination
under subparagraph (B) in the report submitted by the
Commission to the President under subsection (e).
``(4) In making determinations under subsection (b), the
Commission shall consider whether any change in the volume of
imports that has occurred since a petition under subsection (a)
was filed or a request under subsection (b) was made is related
to the pendency of the investigation, and if so, the Commission
may reduce the weight accorded to the data for the period after
the petition under subsection (a) was filed or the request
under subsection (b) was made in making its determination of
serious injury, or the threat thereof.''; and
(F) in paragraph (5), as so redesignated--
(i) by striking ``and (B)'' and inserting
``, (B), and (C)''; and
(ii) by striking ``be a substantial cause
of serious injury, or the threat thereof,'' and
inserting ``cause or threaten to cause serious
injury'';
(4) in subsection (d)--
(A) in paragraph (1)(A)(ii), by striking ``be, or
likely to be a substantial cause of serious injury, or
the threat thereof,'' and inserting ``cause, or be
likely to cause, or threaten to cause, or be likely to
threaten to cause, serious injury'';
(B) in paragraph (1)(C), in the matter following
clause (ii), by striking ``a substantial cause of
serious injury, or the threat thereof,'' and inserting
``causing or threatening to cause serious injury'';
(C) by amending paragraph (2)(A) to read as
follows:
``(2)(A) When a petition filed under subsection (a) or a
request filed under subsection (b) alleges that critical
circumstances exist and requests that provisional relief be
provided under this subsection with respect to imports of the
article identified in the petition or request, the Commission
shall, not later than 45 days after the petition or request is
filed, determine, on the basis of available information,
whether--
``(i) there is clear evidence that increased
imports (either actual or relative to domestic
production) of the article are causing or threatening
to cause serious injury to the domestic industry
producing an article like or directly competitive with
the imported article; and
``(ii) delay in taking action under this chapter
would cause damage to that industry that would be
difficult to repair.
In making the evaluation under clause (ii), the Commission
should consider, among other factors that it considers
relevant, the timing and volume of the imports, including
whether there has been a substantial increase in imports over a
short period of time, and any other circumstances indicating
that delay in taking action under this chapter would cause
damage to the industry that would be difficult to repair.'';
and
(D) in paragraph (2)(D), by striking ``30'' and
inserting ``20''.
(c) Presidential Determinations.--
(1) Action by president.--Section 203(a) of the Trade Act
of 1974 (19 U.S.C. 2253(a)) is amended--
(A) in paragraph (1)(A), by striking ``and provide
greater economic and social benefits than costs'' and
inserting ``and will not have an adverse impact on the
United States substantially out of proportion to the
benefits of such action'';
(B) in paragraph (2)(F), by striking the semicolon
at the end of clause (iii) and inserting the following:
``except that the President shall give substantially
greater weight to the factors set out in clause (i)
than to those set out in clauses (ii) and (iii);''; and
(C) by amending paragraph (2)(I) to read as
follows:
``(I) the potential for harm to the national
security of the United States; and''.
(2) Implementation of action recommended by commission.--
(A) Section 203(c) of the Trade Act of 1974 (19 U.S.C. 2253(c))
is amended by striking ``90'' and inserting ``60''.
(B) Section 152(c)(1) of the Trade Act of 1974 (19 U.S.C.
2192(c)(1)) is amended by striking ``not counting any day which
is excluded under section 154(b),'' and inserting ``counting
all calendar days in the case of a resolution described in
subsection (a)(1)(A), and not counting any day which is
excluded under section 154(b) in the case of a resolution
described in subsection (a)(1)(B),''.
(d) Conforming Amendments.--
(1) Section 203(e)(6)(B) of the Trade Act of 1974 (19
U.S.C. 2253(e)(6)(B)) is amended by striking ``substantially''.
(2) Section 264(c) of the Trade Act of 1974 (19 U.S.C.
2354(c)) is amended by striking ``a substantial cause of
serious injury or threat thereof'' and inserting ``causing or
threatening to cause serious injury''.
(3) Section 154(b) of the Trade Act of 1974 (19 U.S.C.
2194(b)) is amended by striking the matter that precedes
paragraph (1) and inserting the following:
``(b) The 60-day period referred to in section 203(c) and the 90-
day period referred to in section 407(c)(2) shall be computed by
excluding--''.
SEC. 2. AMENDMENTS TO SECTION 332 OF THE TARIFF ACT OF 1930.
Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended
by adding at the end the following:
``(h)(1) Any entity, including a trade association, firm, certified
or recognized union, or group of workers, which is representative of a
domestic industry that produces an article that is like or directly
competitive with an imported article, may file a request with the
President pursuant to paragraph (2) for the monitoring of imports of
such article under subsection (g).
``(2) If the request filed under paragraph (1) alleges that an
article is being imported into the United States in such increased
quantities as to cause serious injury, or threat thereof, to a domestic
industry, the President, within 45 days after receiving the request,
shall determine if monitoring is appropriate.
``(3) If the determination under paragraph (2) is affirmative, the
President shall request, under subsection (g), the Commission to
monitor and investigate the imports concerned for a period not to
exceed 2 years.''.
SEC. 3. EARLY RELEASE OF IMPORT DATA.
In order to facilitate the early identification of potentially
disruptive import surges, the Director of the Office of Management and
Budget may grant an exception to the publication dates established for
the release of data on United States international trade in goods and
services in order to permit public access to preliminary international
trade import data, if the Director notifies the Congress of the early
release of the data.
SEC. 4. ESTABLISHMENT OF IMPORT MONITORING CENTER.
Section 301 of the Customs Procedural Reform and Simplification Act
of 1978 (19 U.S.C. 2075) is amended by adding at the end the following:
``(h) Steel Import Monitoring and Enforcement Support Center.--
There are authorized to be appropriated for a Steel Import Monitoring
and Enforcement Support Center in the United States Customs Service, in
addition to amounts otherwise available for such purposes, $250,000 for
fiscal year 1999, and $1,000,000 for fiscal year 2000.''.
SEC. 5. AMENDMENT TO TARIFF ACT OF 1930.
Section 484(f) of the Tariff Act of 1930 (19 U.S.C. 1484(f)) is
amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following:
``(2) The Secretary of the Treasury, the Secretary of Commerce, and
the International Trade Commission shall establish a suffix to the
Harmonized Tariff Schedule of the United States for merchandise that is
subject to countervailing duty orders or antidumping duty orders under
title VII of this Act, or subject to actions by the President under
chapter 1 of title II, or section 406, of the Trade Act of 1974.''.
SEC. 6. PRODUCT MONITORING.
(a) In General.--The Secretary of Commerce shall monitor imports on
a monthly basis for import surges and potential unfair trade through
the year 2000. Products to be monitored shall be determined by the
Secretary of Commerce based on the import surge data compiled by the
Secretary, but shall include, at a minimum, steel mill products and
other import-sensitive products identified by United States industries
or entities representative of a United States industry that meet the
necessary criteria established by the Secretary. In determining whether
to monitor imports of a specific product, the Secretary shall consider
the percentage increase in imports, the volume or value of imports, as
appropriate, the level of import penetration, and any other factors the
Secretary considers necessary.
(b) Reporting Requirements.--Within 30 days after the release of
the official December import statistics for calendar year 1999 and for
calendar year 2000, the Secretary of Commerce shall submit a report to
the Congress summarizing the monitoring activities under this section
for that calendar year and identifying products to be monitored in the
next calendar year. In addition, in the report to the Congress covering
calendar year 1999, the Secretary of Commerce shall determine whether
trade conditions during the calendar year 1999 merit extending the
import monitoring program beyond the program's scheduled expiration at
the end of calendar year 2000.
SEC. 7. ITC INVESTIGATION OF ANTICOMPETITIVE PRACTICES IN INTERNATIONAL
STEEL TRADE.
(a) In General.--Within 30 days after the date of the enactment of
this Act, the United States International Trade Commission shall
commence an investigation under section 332 of the Tariff Act of 1930--
(1) to collect information on anticompetitive practices in
international steel trade;
(2) to assess the adverse effects of such practices on
United States producers, workers, and consumers;
(3) to collect information on import licensing arrangements
of other members of the World Trade Organization; and
(4) to report to the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the
Senate, and the United States Trade Representative on its
findings within 1 year after the date of the enactment of this
Act.
(b) Inclusion in National Trade Estimate Report.--The United States
Trade Representatives shall include the findings of the International
Trade Commission under subsection (a) in a special section of the
report submitted under section 181(b) of the Trade Act of 1974 after
the 1-year period beginning on the date of the enactment of this Act,
in which the Trade Representative shall identify and explain any
anticompetitive practices in international steel trade, evaluate the
compatibility of import licensing programs with obligations under the
World Trade Organization, and propose steps to be taken to address
anticompetitive practices and practices inconsistent with the World
Trade Organization.
(c) Definitions.--For purposes of this section, the term
``anticompetitive practices in international steel trade'' means--
(1) monopolies or cartels, whether or not sanctioned by
government authorities, which restrict the output, delivery, or
pricing of steel products;
(2) agreements between steel producers, whether or not
sanctioned by government authorities, to restrict the flow of
steel products or limit price competition in international
steel trade; and
(3) coercion or threats by manufacturers to distributors or
consumers which have the effect of restricting imports of steel
products.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Commerce.--(1) There are authorized to be
appropriated to the Department of Commerce, in addition to the amounts
otherwise available for such purposes, $1,200,000 for fiscal year 1999
and $5,200,000 for fiscal year 2000 for additional staff to conduct
import monitoring, subsidy enforcement, and prompt antidumping
investigations under subtitle B of title VII of the Tariff Act of 1930.
(b) USTR.--There is authorized to be appropriated to the Office of
the United States Trade Representative, in addition to amounts
otherwise available for such purposes, $250,000 for fiscal year 1999
and $750,000 for fiscal year 2000 for additional staff--
(1) to promote and defend policy with respect to United
States import safeguards and countervailing or antidumping duty
actions if challenged in the World Trade Organization; and
(2) to identify foreign trade-distorting measures and
develop policies and responsive actions to address them.
(c) ITC.--There are authorized to be appropriated to the Office of
the United States International Trade Commission, in addition to
amounts otherwise available for such purposes, such sums as may be
necessary for fiscal year 1999, and such sums as may be necessary for
each of fiscal years 2000 through 2002, for additional staff to make
prompt determinations under section 202 (b) and (d) of the Trade Act of
1974.
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(Sec. 1) Revises certain factors the International Trade Commission (ITC) must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial.
Directs the ITC, when a petition filed by an industry (or a request by the President, United States Trade Representative (USTR), a resolution of specified congressional committees, or on the ITC's own motion) requesting a positive adjustment to import competition alleges that critical circumstances exist, to make a serious injury (or threat) determination with respect to such competition not later than 45 days (currently 60 days) after such petition or request is filed. Requires the President within 20 days (currently, 30 days) after receiving an affirmative determination to provide provisional relief to prevent or remedy such injury. Requires with respect to the implementation of such provisional relief that it will not have an adverse impact on the United States substantially out of proportion to the benefits of such action.
Requires provisional relief recommended by the ITC to take effect upon the enactment of a joint resolution of Congress within the 60 day (currently, 90 day) period beginning on the date that the President reports to Congress on what action, if any, is to be taken.
(Sec. 2) Amends the Tariff Act of 1930 to authorize an entity (including a trade association, firm, certified or recognized union, or group of workers which is representative of a domestic industry that produces an article that is like or directly competitive with an imported article) to file a request to monitor to such imports, based on a petition that alleges that an article is being imported into the United States in such increased quantities as to cause serious injury (or threat) to the domestic industry. Requires the President to determine whether to monitor within 45 days after receiving a request.
(Sec. 3) Authorizes the Director of the Office of Management and Budget, in order to facilitate the early identification of potentially disruptive import surges, to grant an exception to the publication dates established for the release of data on U.S. international trade in goods and services in order to permit public access to preliminary international trade import data, if the Director notifies Congress of the early release of such data.
(Sec. 4) Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to establish a Steel Import Monitoring and Enforcement Support Center in the Customs Service.
(Sec. 5) Directs the Secretary of the Treasury, the Secretary of Commerce, and the ITC to establish a suffix to the Harmonized Tariff Schedule of the United States for merchandise that is subject to countervailing duty orders or antidumping duty orders.
(Sec. 6) Directs the Secretary of Commerce to monitor, and report to Congress on, imports (including steel mill products and other import-sensitive products) on a monthly basis for import surges and potential unfair trade through 2000.
(Sec. 7) Directs the ITC to investigate, collect information, and report to specified congressional committees on anticompetitive practices in international steel trade. Requires the ITC's findings to be included in the National Trade Estimate report.
(Sec. 8) Authorizes appropriations.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminate Warehousing of Consumer
Internet Data Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As the Nation's communications networks continue to
grow and become ever more sophisticated, more individuals and
industries will be using such networks to communicate and
conduct commercial transactions.
(2) The ease of gathering and compiling personal
information during such communications, both overtly and
surreptitiously, is becoming increasingly efficient and almost
effortless due to advances in digital telecommunications
technology and the widespread use of the Internet.
(3) Consumers have an ownership interest in their personal
information.
(4) Information gathered about consumers over the Internet
can provide detail about some of the most intimate aspects of
an individual's life, including their Internet interests,
communications with other citizens, purchases, information
inquiries, and political or religious interests, affiliations,
or speech.
(5) Certain information about Internet searches or website
visits conducted from a particular computer can be obtained and
stored by websites or search engines, and can be traced back to
individual computer users.
(6) Fair information practices include providing consumers
with knowledge of any data collection, conspicuous consumer
notice of an entity's data practices, consumer choice to
provide consent or deny authorization for such practices,
access to data collected, safeguards to ensure data integrity,
and contact information.
(7) In order to safeguard consumer privacy interests,
companies that gather personal information that can identify
individual consumers should cease to store such information
after it is no longer necessary to render service to such
consumers or to conduct any legitimate business practice.
(8) Cable operators, who can gather personal information
about a subscriber's use of the cable system and obtain
information about a consumer's video programming choices and
use of their cable modem are currently required under section
631 of the Communications Act of 1934 (47 U.S.C. 551) to
destroy any personal information gathered from a subscriber
after it is no longer necessary for the purpose for which it
was gathered and if there are no other pending legal requests
for such information.
(9) A similar obligation should govern information gathered
about consumers by Internet websites, which often possess
information about computer users which is more detailed, and
arguably more personalized, than information cable operators
typically gather.
SEC. 3. DESTRUCTION OF DATA WITH PERSONAL INFORMATION BY INTERNET
WEBSITES.
An owner of an Internet website shall destroy, within a reasonable
period of time, any data containing personal information if the
information is no longer necessary for the purpose for which it was
collected or any other legitimate business purpose, or there are no
pending requests or orders for access to such information pursuant to a
court order.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
A violation of section 3 shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed under
section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction as
though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made a part of this Act.
SEC. 5. DEFINITIONS.
As used in this Act the following definitions apply:
(1) The term ``Internet'' means collectively the myriad of
computer and telecommunications facilities, including equipment
and operating software, which comprise the interconnected
world-wide network of networks that employ the Transmission
Control Protocol/Internet Protocol, or any predecessor or
successor protocols to such protocol, to communicate
information of all kinds by wire or radio.
(2) The term ``personal information''--
(A) means information that allows a living person
to be identified individually, including the following:
the first and last name of an individual, a home or
physical address of an individual, date or place of
birth, an email address, a telephone number, a Social
Security number, a tax identification number, birth
certificate number, passport number, driver's license
number, credit card number, bank card number, or any
government-issued identification number; and
(B) does not include any record of aggregate data
that does not permit the identification of particular
persons.
(3) The term ``web page'' means a location that has a
single Uniform Resource Locator or another single location with
respect to the Internet, as the Federal Trade Commission may
prescribe.
(4) The term ``Internet website'' means a collection of web
pages that are presented and made available by means of the
Internet as a single website (or a single web page so presented
and made available), which web pages have any of the following
characteristics:
(A) A common domain name.
(B) Common ownership, management, or registration.
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Eliminate Warehousing of Consumer Internet Data Act of 2006 - Requires an owner of an Internet website to destroy, within a reasonable time frame, any data containing personal information if the information: (1) is no longer necessary for the purpose for which it was collected or any other legitimate business purpose; or (2) there are no pending requests or orders for access to such information pursuant to a court order.
Treats a violation of this Act as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. Requires the Federal Trade Commission (FTC) to enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Network Neutrality Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Our Nation's economy, education, and society are
increasingly dependent upon broadband telecommunications
networks.
(2) These networks also hold the promise of advancing
economic growth, job creation, and technological innovation.
(3) As America becomes ever more reliant upon such
broadband networks, unfettered access to broadband networks to
offer content and services and run software applications over
the Internet is vital.
(4) The global leadership in high technology the United
States provides today stems directly from historic policies
that have ensured that telecommunications networks are open to
all lawful uses and to all users.
(5) The Internet was enabled by those historic policies and
provides an open architecture medium for world-wide
communications, providing low barriers to entry for web-based
content, applications, and services.
(6) Due to recent Federal Communications Commission
interpretations and court decisions, these features of the
Internet are no longer certain, and erosion of these historic
policies permits broadband network owners to claim they can
control who can and who cannot offer content and services over
the Internet utilizing their broadband networks.
(7) The high technology economy would be severely harmed if
Internet content providers cannot reach consumers without
interference from broadband network operators.
(8) The overwhelming majority of residential consumers take
broadband service from one of only two wireline providers,
namely, from the cable operator or the local telephone company.
(9) Broadband network operators have an economic interest
to discriminate in favor of their own services and against
other online providers.
(10) A network neutrality policy based upon the principle
of nondiscrimination is essential to ensure that broadband
telecommunications networks, including the Internet, remain
open to independent service and content providers.
(11) A network neutrality policy is also essential to give
certainty to entrepreneurs, innovators, investors, and others
who rely upon the Internet for commercial reasons.
(12) A network neutrality policy can also permit broadband
network operators to take action to protect network
reliability, prevent spam, and thwart illegal uses in the same
way that network operators have historically done so.
(13) Because of the vital role that broadband networks and
the Internet play for America's economic growth and our First
Amendment rights to speak, the United States should adopt a
clear policy endorsing the open nature of Internet
communications and freely accessible broadband networks.
SEC. 3. POLICY.
It is the policy of the United States--
(1) to maintain the freedom to use broadband
telecommunications networks, including the Internet, without
interference from network operators, as has been the policy for
Internet commerce and the basis for user expectations since its
inception;
(2) to ensure that the Internet, and its successors, remain
a vital force in the United States economy, thereby enabling
the country to preserve its global leadership in online
commerce and technological innovation;
(3) to preserve and promote the open and interconnected
nature of broadband networks that enable consumers to reach,
and service providers to offer, lawful content, applications,
and services of their choosing, using their selection of
devices that do not harm the network;
(4) to encourage escalating broadband transmission speeds
and capabilities that reflect the evolving nature of the
broadband networks, including the Internet, and improvements in
access technology, which enables consumers to use and enjoy,
and service providers to offer, a growing array of content,
applications, and services;
(5) to provide for disclosure by broadband network
operators of prices, terms, and conditions, and other relevant
information, including information about the technical
capabilities of broadband access provided to users, to inform
their choices about services they rely on to communicate and to
detect problems; and
(6) to ensure vigorous and prompt enforcement of this Act's
requirements to safeguard and promote competition, innovation,
market certainty, and consumer empowerment.
SEC. 4. NET NEUTRALITY SAFEGUARDS.
(a) In General.--Each broadband network provider has the duty to--
(1) enable users to utilize their broadband service to
access all lawful content, applications, and services available
over broadband networks, including the Internet;
(2) not block, impair, degrade, discriminate against, or
interfere with the ability of any person to utilize their
broadband service to--
(A) access, use, send, receive, or offer lawful
content, applications, or services over broadband
networks, including the Internet; or
(B) attach any device to the provider's network and
utilize such device in connection with broadband
service, provided that any such device does not
physically damage, or materially degrade other
subscribers' use of, the network;
(3) clearly and conspicuously disclose to users, in plain
language, accurate information about the speed, nature, and
limitations of their broadband service;
(4) offer, upon reasonable request to any person, a
broadband service for use by such person to offer or access
unaffiliated content, applications, and services;
(5) not discriminate in favor of itself in the allocation,
use, or quality of broadband services or interconnection with
other broadband networks;
(6) offer a service such that content, applications, or
service providers can offer unaffiliated content, applications,
or services in a manner that is at least equal to the speed and
quality of service that the operator's content, applications,
or service is accessed and offered, and without interference or
surcharges on the basis of such content, applications, or
services;
(7) if the broadband network provider prioritizes or offers
enhanced quality of service to data of a particular type,
prioritize or offer enhanced quality of service to all data of
that type (regardless of the origin of such data) without
imposing a surcharge or other consideration for such
prioritization or quality of service; and
(8) not install network features, functions, or
capabilities that thwart or frustrate compliance with the
requirements or objectives of this section.
(b) Exceptions.--Nothing in this section shall prohibit a broadband
network provider from implementing reasonable and nondiscriminatory
measures to--
(1) manage the functioning of its network, on a systemwide
basis, provided that any such management function does not
result in discrimination between content, applications, or
services offered by the provider and unaffiliated providers;
(2) offer varying levels of transmission speed or bandwith;
(3) protect network security or the security of a user's
computer on the network;
(4) offer consumer protection services (such as parental
controls), provided that a user may refuse or disable such
services;
(5) carry or offer a cable service that requires management
of the network to provide enhanced quality of service, provided
that--
(A) a broadband service subscriber may refuse to
subscribe to, and avoid charges for, such cable service
while obtaining broadband services from such operator;
and
(B) such carrying or offering does not violate any
of the duties set forth in subsection (a); or
(6) where otherwise required by law, prevent any violation
of Federal or State law.
(c) Implementation.--Within 180 days after the date of enactment of
this Act, the Commission shall adopt rules that--
(1) permit any person to complain to the Commission of
anything done or omitted to be done in violation of any duty,
obligation, or requirement under this section;
(2) provide that any complaint filed at the Commission that
alleges a violation of this section shall be deemed granted
unless acted upon by the Commission within 90 days after its
filing;
(3) require the Commission, upon prima facie showing by a
complainant of a violation of this section, to issue within 48
hours of the filing of any such complaint, a cease-and-desist
or other appropriate order against the violator until the
complaint is fully resolved, and, if in the public interest,
such order may affect classes of persons similarly situated to
the complainant or the violator, and any such order shall be in
effect until the Commission resolves the complaint with an
order dismissing the complaint or imposing appropriate remedies
to resolve such complaint; and
(4) enable the Commission to use mediation or arbitration
or other means to resolve the dispute.
(d) Enforcement.--This section shall be enforced under titles IV
and V of the Communications Act of 1934 (47 U.S.C. 401, 501 et seq.). A
violation of any provision of this section shall be treated as a
violation of the Communications Act of 1934, except that the warning
requirements of section 503(b) shall not apply. In addition to imposing
fines under its title V authority, the Commission also is authorized to
issue any order, including an order directing a broadband network
operator to pay damages to a complaining party.
(e) Definitions.--For purposes of this section:
(1) Broadband network provider.--The term ``broadband
network provider'' means a person or entity that owns,
controls, or resells, facilities used in the transmission of a
broadband service and includes any affiliate, joint venture
partner, or agent of such provider.
(2) Broadband service.--The term ``broadband service''
means a two-way transmission capability that--
(A) enables the user to access content,
applications, and services;
(B) is delivered with or without a fee to the
physical location of the user, regardless of the
facilities used;
(C) includes a transport speed of at least 200
kilobits per second on average in at least one
direction; and
(D) permits a user to transmit or receive
information of their own design or choosing.
(3) Affiliate.--The term ``affiliate'' includes--
(A) a person that directly or indirectly owns,
controls, is owned or controlled by, or is under common
ownership or control with, another person; or
(B) a person that has a contract or other
arrangement with a content or service provider
concerning access to, or distribution of, such content
or services.
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Network Neutrality Act of 2006 - States that it is the policy of the United States to, among other things, maintain the freedom to use broadband telecommunications networks, including the Internet, without interference from network operators.
Outlines specified duties of broadband network providers to ensure broadband network neutrality, including the duty to: (1) enable users to utilize their broadband service to access all lawful content, applications, and services available over broadband networks, including the Internet; and (2) not block, impair, degrade, discriminate against, or interfere with the ability of any person to utilize their broadband service for lawful purposes. Provides exceptions for providers, including implementing reasonable measures to manage its networks and protect network security.
Provides for implementation and enforcement of this Act through the Federal Communications Commission (FCC).
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Development Reform
Amendments''.
SEC. 2. AUTHORITY TO PROVIDE BY CONTRACT FOR ELIMINATION OF REVIEW
PROCESS.
Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended by inserting after subsection (e) the following new
subsection:
``(f) Authority to Eliminate Interim Review in Development Process
for High-Performing PHA's.--
``(1) Authority.--In any contract for contributions to
cover the development or acquisition cost of a public housing
project by a public housing agency that the Secretary
determines is complying with the management performance
standards established under subsection (j) in an exemplary
manner, the Secretary may include provisions described under
paragraph (2).
``(2) Exemption from qualified development requirements.--
The contract provisions referred to in paragraph (1) are
provisions that exempt the public housing project assisted
under the contract from review (by the Secretary or any field
or area office of the Department of Housing and Urban
Development) for compliance with qualified development
requirements or from any requirement for approval (by the
Secretary or any such office) with such requirements, only
during the period that ends upon completion of the development
or acquisition or at such other time occurring before
completion, as may be agreed to by the Secretary and the public
housing agency.
``(3) Remedies.--Each contract for contributions that
includes provisions described under paragraph (2) shall include
such additional provisions as the Secretary considers necessary
to ensure that, upon completion of development or acquisition,
the public housing project assisted under the contract complies
with the qualified development requirements, which may include
provisions--
``(A) authorizing the imposition of civil monetary
penalties against the public housing agency if the
Secretary determines, on the record after notice and
opportunity for a hearing in accordance with section
553 of title 5, United States Code, that the public
housing project does not comply with the qualified
development requirements regarding site or neighborhood
standards or environmental requirements, except that
the amount of such penalties may not exceed $10,000 for
each such failure to comply and the sum of the
penalties imposed against any public housing agency
with respect to public housing developed or acquired
pursuant to any single contract for contributions may
not exceed $1,000,000;
``(B) requiring specific performance sufficient to
correct any noncompliance and establishing deadlines
for such specific performance;
``(C) authorizing the Secretary to withhold
payments (or portions of payments) to be made under the
contract upon completion of development or acquisition
(or after the expiration of the period established
under the contract pursuant to paragraph (2)) to cover
the actual development cost of the project until the
project complies with qualified development
requirements;
``(D) authorizing the Secretary to withhold
assistance for the operation of the project until the
project complies with qualified development
requirements; and
``(E) specifying any other lawful remedy agreed to
by the Secretary and the public housing agency.
``(4) Definition of `qualified development requirements'.--
For purposes of this subsection, the term `qualified
development requirements' means requirements or standards under
law, or established pursuant to law by the Secretary, regarding
the development or acquisition of public housing, which shall
include site and neighborhood standards, design and
construction standards, cost guidelines, environmental
requirements, zoning compliance, selection of utilities, and
such other requirements or standards as the Secretary may
provide.
``(5) Rule of construction.--This subsection may not be
construed to waive, alter, annul, exempt, or affect the
applicability of any qualified development requirements to any
public housing project after the expiration of the period
established under the contract for the project pursuant to
paragraph (2).''.
SEC. 3. CONSTRUCTION COMMENCEMENT REQUIREMENTS.
Section 5(k) of the United States Housing Act of 1937 (42 U.S.C.
1437c(k)) is amended by adding at the end the following new sentence:
``A contract for contributions for development or acquisition of a
public housing project that includes provisions authorized under
subsection 6(f) may waive or alter the applicability of the
requirements under this subsection with respect to the public housing
project.''.
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Public Housing Development Reform Amendments - Authorizes the Secretary of Housing and Urban Development to enter into contracts with high-performing public housing agencies to eliminate certain housing development interim review procedures.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``DTV Border Fix Act''.
SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON BORDER WITH
MEXICO.
Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)) is amended by adding at the end the following:
``(D) Continuation of analog broadcasting along
common border with mexico.--
``(i) In general.--Notwithstanding any
other provision of this section, any television
station that has been granted a full-power
television broadcast license that authorizes
analog television service prior to February 17,
2009, that is licensed by the Commission to
serve communities located within 50 miles of
the United States common border with Mexico,
and that can establish to the satisfaction of
the Commission that such station's continued
broadcasting of television service in analog is
in the public interest, shall during the period
beginning on the date of enactment of the DTV
Border Fix Act, and ending February 17, 2014--
``(I) be entitled to the renewal of
such station's television broadcast
license authorizing analog television
service; and
``(II) operate such television
service on a channel between 2 and 51.
``(ii) Conditions.--The rights, privileges,
and obligations described under clause (i)
shall only be extended if the following
requirements are satisfied:
``(I) Any channel used for the
distribution of analog television
service shall not--
``(aa) prevent the auction
of recovered spectrum pursuant
to paragraph (15);
``(bb) prevent the use of
recovered spectrum for any
public safety service pursuant
to section 337(a)(1); and
``(cc) encumber or
interfere with any channel
reserved for public safety use,
as such channels are designated
in ET Docket No. 97-157.
``(II) Each station described in
clause (i) operates on its assigned
analog channel, as of February 16,
2009, if such channel--
``(aa) is between 2 and 51;
``(bb) has not previously
been assigned to such station
or any another station for
digital operation after the
digital transition required
under subparagraph (A); and
``(cc) could be used by
such station for broadcasting
analog television service after
the digital transition required
under subparagraph (A) without
causing interference to any
previously authorized digital
television stations.
``(III) If such station does not
meet the requirements under subclause
(II) for operation on its assigned
analog channel, as of February 16,
2009, such station may request, and the
Commission shall promptly act upon such
request, to be assigned a new channel
for broadcasting analog television
service, provided that such newly
requested channel shall--
``(aa) be between channels
2 and 51; and
``(bb) allow such station
to operate on a primary basis
without causing interference
to--
``(AA) any other
analog or digital
television station; or
``(BB) any station
licensed to operate in
any other radio service
that also operates on
channels between 2 and
51.
``(iii) Mutually exclusive applications.--
If mutually exclusive applications are
submitted for the right to use a channel in
order to broadcast analog television service
pursuant to this subparagraph, the Commission
shall--
``(I) award the authority to use
such channel for such purpose through
the application of the procedures
established under this section; and
``(II) give due consideration to
any resolution procedures established
by the Commission.''.
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DTV Border Fix Act - Amends the Communications Act of 1934 to allow the renewal of a full-power analog television broadcasting license through February 17, 2014, for stations located within 50 miles of the U.S. border with Mexico, provided certain requirements are met, including that the renewal does not prevent the auction of recovered spectrum or encumber or interfere with any channel reserved for public safety use.
Requires the Federal Communications Commission (FCC), if mutually exclusive applications are submitted to use a channel under the amendments made by this Act, to award the authority to use the channel through competitive bidding under existing procedures.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greater Accountability in the
Lending Fund Act of 2011''.
SEC. 2. REPAYMENT DEADLINE UNDER THE SMALL BUSINESS LENDING FUND
PROGRAM.
(a) In General.--Section 4103(d)(5)(H) of the Small Business Jobs
Act of 2010 (12 U.S.C. 4741 note) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``; or'' and
inserting a period;
(B) by striking subclause (II); and
(C) by striking ``will--'' and all that follows
through ``be repaid'' and inserting ``will be repaid'';
(2) by striking clause (ii); and
(3) by striking ``that--'' and all that follows through
``includes,'' and inserting ``that includes,''.
(b) Effective Date; Applicability; Savings Clause.--
(1) Effective date; applicability.--The amendments made by
this section shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply to any investment made by the Secretary
of the Treasury under the Small Business Lending Fund
Program established under section 4103(a)(2) of the
Small Business Jobs Act of 2010 (12 U.S.C. 4741 note)
(in this subsection referred to as the ``Program'') on
or after the date of enactment of this Act.
(2) Savings clause.--Notwithstanding the amendments made by
this section, an investment made by the Secretary of the
Treasury under the Program before the date of enactment of this
Act shall remain in full force and effect under the terms and
conditions under the investment.
SEC. 3. SMALL BUSINESS LENDING FUND SUNSET.
Section 4109 of the Small Business Jobs Act of 2010 (12 U.S.C. 4741
note) is amended--
(1) in subsection (b), by inserting ``and shall be limited
by the termination date in subsection (c)'' before the period
at the end; and
(2) by adding at the end the following:
``(c) Termination of Program.--
``(1) Investments.--On and after the date that is 15 years
after the date of enactment of this Act, the Federal Government
may not own any preferred stock or other financial instrument
purchased under this subtitle or otherwise maintain any capital
investment in an eligible institution made under this subtitle.
``(2) Authorities.--Except as provided in subsection (a),
all the authorities provided under this subtitle shall
terminate 15 years after the date of enactment of this Act.''.
SEC. 4. SMALL BUSINESS LENDING FUND TRIGGER.
Section 4109 of the Small Business Jobs Act of 2010 (12 U.S.C. 4741
note), as amended by section 3, is amended by adding at the end the
following:
``(d) FDIC Receivership.--The Secretary may not make any purchases,
including commitments to purchase, under this subtitle if the Federal
Deposit Insurance Corporation is appointed receiver of 5 percent or
more of the number of eligible institutions that receive a capital
investment under the Program.''.
SEC. 5. SMALL BUSINESS LENDING FUND LIMITATION.
(a) In General.--Section 4103(d) of the Small Business Jobs Act of
2010 (12 U.S.C. 4741 note) is amended--
(1) by striking ``, less the amount of any CDCI investment
and any CPP investment'' each place it appears;
(2) by striking paragraph (7);
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively; and
(4) by adding at the end the following:
``(10) Prohibition on tarp participants participating in
the program.--An institution in which the Secretary made a
investment under the CPP, the CDCI, or any other program
established by the Secretary under the Troubled Asset Relief
Program established under the Emergency Economic Stabilization
Act of 2008 (12 U.S.C. 5201 et seq.) shall not be eligible to
participate in the Program.''.
(b) Effective Date; Applicability; Savings Clause.--
(1) Effective date; applicability.--The amendments made by
this section shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply to any investment made by the Secretary
of the Treasury under the Small Business Lending Fund
Program established under section 4103(a)(2) of the
Small Business Jobs Act of 2010 (12 U.S.C. 4741 note)
(in this subsection referred to as the ``Program'') on
or after the date of enactment of this Act.
(2) Savings clause.--Notwithstanding the amendments made by
this section, an investment made by the Secretary of the
Treasury under the Program before the date of enactment of this
Act shall remain in full force and effect under the terms and
conditions under the investment.
SEC. 6. PRIVATE INVESTMENTS UNDER THE SMALL BUSINESS LENDING FUND
PROGRAM.
Section 4103(d)(3) of the Small Business Jobs Act of 2010 (12
U.S.C. 4741 note) is amended--
(1) in the paragraph heading, by striking ``matched''; and
(2) in subparagraph (B)(i), by striking ``both under the
Program and''.
SEC. 7. APPROVAL OF REGULATORS.
(a) In General.--Section 4103(d)(2) of the Small Business Jobs Act
of 2010 (12 U.S.C. 4741 note) is amended--
(1) in the paragraph heading, by striking ``Consultation
with'' and inserting ``Approval of'';
(2) in the matter preceding subparagraph (A), by striking
``the Secretary shall'' and inserting ``the Secretary may not
make a purchase under this subtitle unless'';
(3) in subparagraph (A)--
(A) by striking ``consult with''; and
(B) by striking ``to determine whether the eligible
institution may receive'' and inserting ``determines
that, based on the financial condition of the eligible
institution, the eligible institution should receive'';
(4) in subparagraph (B)--
(A) by striking ``consider any views received
from''; and
(B) by striking ``regarding the financial condition
of the eligible institution'' and inserting
``determines that, based on the financial condition of
the eligible institution, the eligible institution
should receive such capital investment''; and
(5) in subparagraph (C)--
(A) by striking ``consult with''; and
(B) by inserting ``determines that, based on the
financial condition of the eligible institution, the
eligible institution should receive such capital
investment'' before the period at the end.
(b) Conforming Amendments.--Section 4103(d)(3)(A) of the Small
Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended--
(1) by striking ``to be consulted under paragraph (2) would
not otherwise recommend'' and inserting ``required to make a
determination under paragraph (2) does not approve'';
(2) by striking ``to be so consulted''; and
(3) by striking ``to be consulted would recommend'' and
insert ``would approve''.
SEC. 8. BENCHMARK FOR SMALL BUSINESS LENDING.
Section 4103(d)(5)(A)(ii) of the Small Business Jobs Act of 2010
(12 U.S.C. 4741 note) is amended by striking ``for the 4 full quarters
immediately preceding the date of enactment of this Act'' and inserting
``during calendar year 2007''.
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Greater Accountability in the Lending Fund Act of 2011 - Amends the Small Business Jobs Act of 2010 relating to the Small Business Lending Fund Program to: (1) remove a requirement that the capital investment received by an eligible small business under the Program be evidenced by stock or other financial instrument that carries the highest dividend or interest rate payable; (2) terminate the Program 15 years after the enactment of such Act; (3) prohibit the Secretary of the Treasury from making capital investments under the Program if the Federal Deposit Insurance Corporation (FDIC) is appointed receiver of 5% or more of the institutions receiving an investment under the Program; (4) prohibit Program participation by any institution in which the Secretary made an investment under the Troubled Asset Relief Program (TARP) under the Emergency Economic Stabilization Act of 2008; (5) revise provisions concerning consideration of private investment under the Program; (6) require the approval of (under current law, requires consultation with) appropriate financial regulators when determining whether an institution should receive a capital investment; and (7) revise the benchmark against which changes in the amount of small business lending shall be measured.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys & Girls Clubs Centennial
Reauthorization Act of 2009''.
SEC. 2. BOYS & GIRLS CLUBS OF AMERICA.
Section 401 of the Economic Espionage Act of 1966 (42 U.S.C. 13751
note) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Findings.--Congress finds that--
``(A) for over 100 years, the Boys & Girls Clubs of
America, a national organization chartered by an Act of
Congress, has proven itself as a positive force in the
communities it serves;
``(B) Boys & Girls Clubs and the programs and
services implemented therein by over 50,000
professional staff, and 194,000 volunteers promote and
enhance the development of boys and girls by instilling
a sense of competence, usefulness, belonging and
influence thereby making Boys & Girls Clubs a safe
place to learn and grow;
``(C) the purpose of the program established by
this section has been to provide adequate resources in
the form of seed money for the Boys & Girls Clubs of
America to assist local communities to form
partnerships in a collaborative manor so education,
youth development and prevention programs could be
available for the youth in those communities;
``(D) in 1990 there were 1,810 Boys and Girls Clubs
facilities throughout the United States, Puerto Rico,
and the United States Virgin Islands, serving 2,400,000
youths nationwide;
``(E) due to the public investment via the program
established pursuant to this section, resulting
congressional appropriations, and private partnership
support, there are now 4,387 Boys & Girls Clubs
facilities throughout the United States, Puerto Rico,
and the United States Virgin Islands, serving 4,500,000
youths nationwide;
``(F) with the assistance of the Federal
Government, local communities have collaborated to
establish and operate the Clubs in schools, parks,
parks and recreation facilities, libraries, and
community centers;
``(G) these new partnerships have resulted in 33
percent of the Boys & Girls Clubs located in or on
school campuses where Club programs enhance and enrich
the learning opportunities for youth;
``(H) the growth of Boys & Girls Clubs also
includes an increase in Clubs located in public housing
sites across the Nation, having grown from 289 in 1990
to 440 in 2009;
``(I) the growth of Boys and Girls Clubs also
includes the growth of Boys & Girls Clubs on Native
American land, having grown from 0 in 1990 to 225 in
2009 serving 140,000 Native American youth;
``(J) investment in our school partnerships has
positively impacted graduation rates as demonstrated in
recent survey of Clubs conducted by BGCA's CareerLaunch
career preparation program, in which 96.68 percent of
participants progressed successfully to the next grade
level at the end of the 2008-2009 school year;
``(K) public housing projects and Native American
land in which there is an active Boys and Girls Club
have experienced a reduction in the presence of crack
cocaine, and a reduction in juvenile crime and gang
violence;
``(L) Boys & Girls Clubs are locally run and have
been exceptionally successful in balancing public funds
with private sector donations and maximizing community
involvement as evidenced by collaborations and
partnerships with schools, cities, counties, Sea
Research, other youth providers such as Big Brothers
Big Sisters, Police Athletic League (PAL), Cal Ripken
Sr. Foundation, Boy Scouts, Girl Scouts, 4-H, and
public libraries; and
``(M) further investment in Boys & Girls Clubs,
which celebrated 100 years of service in 2006 will--
``(i) inure to our collective national
benefit;
``(ii) continue to assist in the effort to
reduce crime and drug use among our Nation's
youth by teaching young people how to avoid
gangs, resist alcohol, tobacco, and other drug
use;
``(iii) continue to assist in improving
educational opportunities and create centers of
learning in and with schools thereby reducing
the drop out rate and helping to improve the
economy (if the national male graduation rate
were increased by only 5 percent, the Nation
would see an annual savings of $4,900,000,00 in
crime related costs);
``(iv) continue in the efforts of reducing
childhood obesity by teaching young people
about the benefits of healthy habits such as
eating right and being physically active;
``(v) continue to serve youth in rural
communities including Native American land, by
engaging and creating partnerships in those
communities;
``(vi) continue to serve youth in urban and
suburban communities including Public Housing
by engaging and creating partnerships in those
communities;
``(vii) continue to provide outdoor and
environmental education programs for kids that
would otherwise not have those educational and
enriching opportunities;
``(viii) continue to develop job training
programs for teens; and
``(ix) better equip communities to continue
to sustain and improve the quality of these
programs through effective use of existing
resources, merging operations, and working
collaboratively within communities to provide
the highest quality programs for the youth in
the Boys & Girls Clubs.'';
(2) in subsection (c)(1)--
(A) by striking ``2006, 2007, 2008, 2009, and
2010'' and inserting ``2011, 2012, 2013, 2014, and
2015''; and
(B) by striking ``establishing and extending Boys &
Girls Clubs facilities where needed, with particular
emphasis placed on establishing clubs in and extending
services to public housing projects and distressed
areas'' and inserting ``improving the quality of youth
development and educational programs, health, physical
fitness, and prevention services for youth at existing
and new Boys & Girls Clubs facilities with special
emphasis on reducing high school drop out rates'';
(3) in subsection(c)(2)--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively; and
(4) by amending subsection (e) to read as follows:
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $85,000,000 for fiscal year 2011;
``(B) $85,000,000 for fiscal year 2012;
``(C) $85,000,000 for fiscal year 2013;
``(D) $85,000,000 for fiscal year 2014; and
``(E) 85,000,000 for fiscal year 2015.''.
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Boys & Girls Clubs Centennial Reauthorization Act of 2009 - Amends the Economic Espionage Act of 1966 to reauthorize through FY2015 the mandate for an annual grant to the Boys & Girls Club of America from the Director of the Bureau of Justice Assistance of the Department of Justice.
Repeals the limitation on the use of such grants to expansion of the organization to 1,500 additional Boys and Girls Clubs for a total number of at least 5,000 Boys and Girls Clubs of America facilities in operation before January 1, 2010.
Replaces the expansion requirement with a goal of improving the quality of youth development and educational programs, health, physical fitness, and prevention services for youth at existing and new Boys & Girls Clubs facilities, with special emphasis on reducing high school dropout rates.
Authorizes appropriations for FY2011-FY2015.
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Create a summary of the following text: SECTION 1. ESTABLISHMENT OF AN ADVISORY COMMITTEE ON OPIOIDS AND THE
WORKPLACE.
(a) Establishment.--Not later than 90 days after enactment of this
Act, the Secretary of Labor shall establish an Advisory Committee on
Opioids and the Workplace (referred to in this Act as the ``Advisory
Committee'') to advise the Secretary on actions the Department of Labor
can take to provide informational resources and best practices on how
to appropriately address the impact of opioid abuse on the workplace
and support workers abusing opioids.
(b) Membership.--
(1) Composition.--The Secretary of Labor shall appoint as
members of the Advisory Committee 19 individuals with expertise
in employment, workplace health programs, human resources,
substance use disorder, and other relevant fields. The Advisory
Committee shall be composed as follows:
(A) Four of the members shall be individuals
representative of employers or other organizations
representing employers.
(B) Four of the members shall be individuals
representative of workers or other organizations
representing workers, of which at least two must be
representatives designated by labor organizations.
(C) Three of the members shall be individuals
representative of health benefit plans, employee
assistance plan providers, workers' compensation
program administrators, and workplace safety and health
professionals.
(D) Eight of the members shall be individuals
representative of substance abuse treatment and
recovery experts, including medical doctors, licensed
addiction therapists, and scientific and academic
researchers, of which one individual may be a
representative of a local or State government agency
that oversees or coordinates programs that address
substance use disorder.
(2) Chair.--From the members appointed under paragraph (1),
the Secretary of Labor shall appoint a chairperson.
(3) Terms.--Each member of the Advisory Committee shall
serve for a term of 3 years. A member appointed to fill a
vacancy shall be appointed only for the remainder of such term.
(4) Quorum.--A majority of members of the Advisory
Committee shall constitute a quorum and action shall be taken
only by a majority vote of the members.
(5) Voting.--The Advisory Committee shall establish voting
procedures.
(6) No compensation.--Members of the Advisory Committee
shall serve without compensation.
(7) Disclosure.--Every member of the Advisory Committee
must disclose the entity, if applicable, that he or she is
representing.
(c) Duties.--
(1) Advisement.--
(A) In general.--The Advisory Committee established
under subsection (a) shall advise the Secretary of
Labor on actions the Department of Labor can take to
provide informational resources and best practices on
how to appropriately address the impact of opioid abuse
on the workplace and support workers abusing opioids.
(B) Considerations.--In providing such advice, the
Advisory Committee shall take into account--
(i) evidence-based and other employer
substance abuse policies and best practices
regarding opioid use or abuse, including
benefits provided by employee assistance
programs or other employer-provided benefits,
programs, or resources;
(ii) the effect of opioid use or abuse on
the safety of the workplace as well as policies
and procedures addressing workplace safety and
health;
(iii) the impact of opioid abuse on
productivity and absenteeism, and assessments
of model human resources policies that support
workers abusing opioids, such as policies that
facilitate seeking and receiving treatment and
returning to work;
(iv) the extent to which alternative pain
management treatments other than opioids are or
should be covered by employer-sponsored health
plans;
(v) the legal requirements protecting
employee privacy and health information in the
workplace, as well as the legal requirements
related to nondiscrimination;
(vi) potential interactions of opioid abuse
with other substance use disorders;
(vii) any additional benefits or resources
available to an employee abusing opioids that
promote retaining employment or reentering the
workforce;
(viii) evidence-based initiatives that
engage employers, employees, and community
leaders to promote early identification of
opioid abuse, intervention, treatment, and
recovery;
(ix) workplace policies regarding opioid
abuse that reduce stigmatization among fellow
employees and management; and
(x) the legal requirements of the Mental
Health Parity and Addiction Equity Act and
other laws related to health coverage of
substance abuse and mental health services and
medications.
(2) Report.--Prior to its termination as provided in
subsection (j), the Advisory Committee shall issue a report to
the Secretary of Labor and to the Committee on Education and
the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate,
detailing successful programs and policies involving workplace
resources and benefits, including recommendations or examples
of best practices for how employers can support and respond to
employees impacted by opioid abuse.
(d) Meetings.--The Advisory Committee shall meet at least twice a
year at the call of the chairperson.
(e) Staff Support.--The Secretary of Labor shall make available
staff necessary for the Advisory Committee to carry out its
responsibilities.
(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act shall apply to the Advisory Committee established under this Act.
(g) No Appropriated Funds.--No additional funds are authorized to
be appropriated to carry out this Act. Expenses of the Advisory
Committee shall be paid with funds otherwise appropriated to
Departmental Management within the Department of Labor.
(h) Ex Officio.--Three nonvoting representatives from agencies
within the Department of Health and Human Services whose
responsibilities include opioid prescribing guidelines, workplace
safety, and monitoring of substance abuse and prevention programs shall
be appointed by the Secretary of Labor and designated as ex officio
members.
(i) Agenda.--The Secretary of Labor or a representative of the
Secretary shall consult with the Chair in establishing the agenda for
Committee meetings.
(j) Termination.--The Advisory Committee established under this Act
shall terminate 3 years after the date of enactment of this Act.
Passed the House of Representatives June 13, 2018.
Attest:
KAREN L. HAAS,
Clerk.
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(Sec. 1) This bill establishes an Advisory Committee on Opioids and the Workplace to advise the Department of Labor on actions Labor can take to provide informational resources and best practices for addressing the impact of opioid abuse on the workplace and supporting workers abusing opioids. The advisory committee must report to Labor and Congress on successful programs and policies involving workplace resources and benefits, including recommendations or examples of best practices for how employers can support and respond to employees impacted by opioid abuse. The bill terminates the committee after three years.
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Create a summary of the following text: SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY FIBERBOARD-CORE, LAMINATE
PANELS EXCEEDING 0.8 GRAMS PER CUBIC CENTIMETER ENTERED
FROM 2001 THROUGH 2002.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate the entries described in subsection (d) at a rate of duty
of 1.9 cents per kilogram plus 1.5 percent ad valorem.
(b) Request.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request is filed with the Bureau of Customs and Border
Protection not later than 90 days after the date of the enactment of
this Act.
(c) Refund of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry described in
subsection (d) (including interest from the date of entry) shall be
refunded not later than 90 days after the date of such liquidation or
reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry
101-6067581-4........................ 12/06/01
101-6072768-0........................ 12/17/01
101-6076465-9........................ 12/26/01
101-6078268-5........................ 12/28/01
112-9204436-8........................ 11/08/01
112-9207122-1........................ 11/14/01
112-9212066-3........................ 11/23/01
112-9217748-1........................ 11/29/01
112-9222234-5........................ 12/07/01
112-9222322-8........................ 12/14/01
112-9232908-2........................ 12/28/01
101-6042267-0........................ 10/20/01
101-6046215-5........................ 10/26/01
101-6049709-4........................ 11/01/01
101-6053384-9........................ 11/08/01
101-6056568-4........................ 11/15/01
101-6060617-3........................ 11/26/01
101-6065845-5........................ 12/04/01
101-4318096-5........................ 08/30/01
101-6019565-6........................ 08/31/01
101-6024049-4........................ 09/14/01
101-6027091-3........................ 09/20/01
101-6032267-2........................ 10/01/01
101-6033874-4........................ 10/05/01
101-6038184-3........................ 10/12/01
112-9029349-6........................ 03/10/01
112-9015640-4........................ 02/20/01
112-8980633-1........................ 01/30/01
112-9029854-5........................ 03/19/01
112-8971889-0........................ 01/13/01
112-8965535-7........................ 01/09/01
112-8970083-1........................ 01/09/01
AN9-0023828-6........................ 12/21/01
AN9-0023712-2........................ 12/14/01
AN9-0021265-3........................ 04/21/01
AN9-0023459-0........................ 11/27/01
AN9-0021028-5........................ 03/27/01
AN9-0020680-4........................ 03/08/01
AN9-0020627-5........................ 02/27/01
AN9-0023628-0........................ 12/10/01
112-9244755-3........................ 01/24/02
101-6089106-4........................ 01/24/02
112-9228782-7........................ 12/23/01
112-9102227-4........................ 06/24/01
112-9107614-8........................ 07/02/01
112-9114175-1........................ 07/05/01
112-9125239-2........................ 07/14/01
112-9132858-0........................ 07/28/01
112-9147711-4........................ 08/22/01
112-9157821-8........................ 09/08/01
112-9237227-2........................ 01/05/02
112-9166917-3........................ 09/16/01
112-9177774-5........................ 10/01/01
112-9178097-0........................ 09/29/01
112-9182039-6........................ 10/06/01
112-9183096-5........................ 10/13/01
112-9186179-6........................ 10/19/01
112-9196504-3........................ 10/27/01
112-9199438-1........................ 11/03/01
112-9199781-4........................ 11/05/01
112-9206482-0........................ 11/16/01
112-9208738-3........................ 11/16/01
112-9214038-0........................ 11/30/01
112-9214117-2........................ 11/25/01
112-9226168-1........................ 12/15/01
112-9055805-4........................ 04/21/01
112-9066463-9........................ 05/06/01
112-9071158-8........................ 05/12/01
112-9076192-2........................ 05/19/01
112-9082389-6........................ 05/26/01
112-9086554-1........................ 06/02/01
112-9097310-5........................ 06/16/01
112-9230980-3........................ 12/23/01
112-9237490-6........................ 01/04/02
101-6100047-5........................ 02/16/02
112-9259037-8........................ 02/16/02
112-9252990-5........................ 02/08/02
101-6108076-6........................ 02/27/02
112-9265107-1........................ 02/21/02
101-6104454-9........................ 02/22/02
112-9260622-4........................ 02/21/02
101-6107515-4........................ 02/28/02
112-9267793-6........................ 02/28/02
112-9268578-0........................ 03/07/02
101-6115432-2........................ 03/14/02
101-6115850-5........................ 03/14/02
101-6115854-7........................ 03/14/02
112-9273372-1........................ 03/14/02
101-6123042-9........................ 03/28/02
112-9281901-7........................ 03/28/02
101-6127822-0........................ 04/05/02
112-9285248-9........................ 04/04/02
112-9290639-2........................ 04/11/02
112-9251613-4........................ 02/02/02
112-9251643-1........................ 02/02/02
112-9255395-4........................ 02/09/02
AN9-0024441-7........................ 03/04/02
AN9-0024512-5........................ 03/09/02
112-9270377-3........................ 03/09/02
112-9266286-2........................ 02/25/02
112-9269399-0........................ 03/02/02
112-9256164-3........................ 02/18/02
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Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to high-density fiberboard-core, laminate panels exceeding 0.8 grams per cubic centimeter entered from 2001 through 2002.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Decrease Unsafe Toxins Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Consumer Product Safety Improvement Act of 2008
establishes safety requirements for children's products. The
Act identifies lead and phthalates as chemicals of concern to
be reduced or eliminated in children's products due to their
toxicity. Certain flame retardants used in children's products
should also be considered banned hazardous substances and
eliminated from use in resilient filling materials in certain
cushioned children's products.
(2) Organohalogen and organophosphorous flame retardants
are used in some children's cushioned products to meet various
flammability standards. In a 2011 study published in
Environmental Science and Technology, over 80 percent of the
children's cushioned products tested were found to contain at
least one flame retardant chemical.
(3) Children in the United States have some of the highest
levels of polybrominated diphenyl ethers (PBDEs) in their
bodies globally. In fact, toddlers have three times the blood
levels of their mothers of the toxic flame retardant pentaBDE.
(4) Research has shown that flame retardants have been
associated with cancer, immune, and endocrine disruption,
developmental impairment, birth defects, and reproductive
dysfunction. Organohalogen and organophosphorous flame
retardants are often toxic, and are associated with reduced IQ
(similar to lead poisoning), hyperactivity, reduced fertility,
birth defects, and hormonal changes.
(5) According to the Federal Centers for Disease Control
and Prevention, infants and children are especially vulnerable
to exposure to flame retardants through ingestion of
contaminated dust via hand-to-mouth contact. Children crawl and
play on floors, put objects in their mouths, and are generally
closer to the ground where dust settles.
(6) Flame retardant chemicals in children's cushioned
products are unnecessary. Studies show that there is no
measurable fire safety benefit to California's Furniture
Flammability Standard Technical Bulletin (TB117). Also, these
products contain small amounts of resilient filling material
compared to adult upholstered furniture, and thus do not
present a significant fire hazard as a fuel source.
(7) Strollers, infant carriers, and nursing pillows have
been exempt from California's TB117 since 2010 and the proposed
revision of California's Flammability Standard (TB117-2013)
includes a provision to exempt 17 more baby and infant products
from the standard. This is due to the State agency's
understanding that these products do not present a significant
fire hazard.
(8) Banning the use of flame retardant chemicals in
children's products would help reduce unnecessary health risks
to children associated with exposure to chemicals that do not
add a fire safety benefit.
SEC. 3. BAN ON FLAME RETARDANT CHEMICALS IN THE RESILIENT FILLING
MATERIALS IN CERTAIN CHILDREN'S PRODUCTS.
(a) In General.--Title I of the Consumer Product Safety Improvement
Act of 2008 (Public Law 110-314) is amended by adding at the end the
following new section:
``SEC. 109. BAN ON FLAME RETARDANT CHEMICALS IN THE RESILIENT FILLING
MATERIALS IN CHILDREN'S PRODUCTS.
``(a) In General.--Any children's cushioned product that is
manufactured on or after the date that is one year after the date of
the enactment of the Decrease Unsafe Toxins Act that contains more than
1,000 parts per million flame retardant chemical by weight in the
filling material used to make such product shall be treated as a banned
hazardous substance under the Federal Hazardous Substances Act (15
U.S.C. 1261 et seq.).
``(b) Definitions.--
``(1) Children's cushioned product.--In this section, the
term `children's cushioned product' means a children's product
(as defined in section 3(a)(2) of the Consumer Product Safety
Act (15 U.S.C. 2052(a)(2))) that contains resilient filling
materials, such as high chairs, strollers, infant walkers,
booster seats, car seats, changing pads, floor play mats,
highchair pads, highchairs, infant swings, bassinets, infant
seats, infant bouncers, nursing pads, playards, playpen side
pads, infant mattresses, infant mattress pads, and portable
hook-on chairs.
``(2) Flame retardant chemical defined.--In this section,
the term `flame retardant chemical' means an organohalogen or
organophosphorous compound.''.
(b) Clerical Amendment.--The table of contents of the Consumer
Product Safety Improvement Act of 2008 (Public Law 110-314) is amended
by inserting after the item relating to section 108 the following:
``Sec. 109. Ban on flame retardant chemicals in the resilient filling
materials in children's products.''.
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Decrease Unsafe Toxins Act - Amends the Consumer Product Safety Improvement Act of 2008 to ban as a hazardous substance under the Federal Hazardous Substances Act any children's cushioned product manufactured on or after the date that is one year after enactment of this Act that contains more than 1,000 parts per million flame retardant chemical by weight in the filling material used to make such product. Defines: (1) "children's cushioned product" as a children's product under the Consumer Product Safety Act containing resilient filling materials, such as high chairs, strollers, infant walkers, booster seats, car seats, changing pads, floor play mats, highchair pads, highchairs, infant swings, bassinets, infant seats, infant bouncers, nursing pads, playards, playpen side pads, infant mattresses, infant mattress pads, and portable hook-on chairs; and (2) "flame retardant chemical" as an organohalogen or organophosphorous compound.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Americans Right of
Employment Act I'' or ``RARE Act I''.
SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED
EARLY RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``early retirement age (as defined in
section 216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``early retirement age (as defined in section
216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above early retirement age
(as defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting ``early
retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``early retirement age (as
defined in section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Early Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained early retirement age (as
defined in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Age 62.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of the
Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of the Social Security Act (42
U.S.C. 403(f)(8)(D)) is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made
under this subsection from any widow's or widower's
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband involved
became entitled to such benefit prior to attaining age
60.''; and
(B) in subsection (f)(1), by striking clause (D)
and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C.
402(w)(2)(B)(ii)) is amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(d) Effective Date.--The amendments and repeals made by subsections
(a), (b), and (c) shall apply with respect to taxable years ending
after December 31, 2002.
SEC. 3. USE OF ALL YEARS IN COMPUTATION.
(a) Use of All Years of Earnings in Benefit Computation.--Section
215(b)(2)(B) of the Social Security Act (42 U.S.C. 415(b)(2)(B)) is
amended by striking clauses (i) and (ii) and inserting the following:
``(i)(I) for calendar years before 2010, the term `benefit
computation years' means those computation base years equal in
number to the number determined under subparagraph (A) plus the
applicable number of years determined under subclause (III),
for which the total of such individual's wages and self-
employment income, after adjustment under paragraph (3), is the
largest;
``(II) for calendar years after 2009, the term `benefit
computation years' means all of the computation base years; and
``(III) for purposes of subclause (I), the applicable
number of years is the number of years specified in connection
with the year in which such individual reaches early retirement
age (as defined in section 216(l)(2)), or, if earlier, the
calendar year in which such individual dies, as set forth in
the following table:
``If such calendar year is: The applicable number of years is:
Before 2001............................................ 0
2001................................................... 1
2002................................................... 2
2003................................................... 3
2004................................................... 4
2005................................................... 5
2006................................................... 6
2007................................................... 7
2008................................................... 8
2009................................................... 9;
``(ii) the term `computation base years' means the calendar
years after 1950, except that such term excludes any calendar
year entirely included in a period of disability; and''.
(b) Conforming Amendment.--Section 215(b)(1)(B) of the Social
Security Act (42 U.S.C. 415(b)(1)(B)) is amended by striking ``in those
years'' and inserting ``in an individual's benefit computation years
determined under paragraph (2)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to benefit computation years beginning after December 31, 2000.
SEC. 4. ACTUARIAL ADJUSTMENT FOR RETIREMENT.
(a) Early Retirement.--
(1) In general.--Section 202(q) of the Social Security Act
(42 U.S.C. 402(q)) is amended--
(A) in paragraph (1)(A), by striking ``\5/9\'' and
inserting ``the applicable fraction (determined under
paragraph (12))''; and
(B) by adding at the end the following:
``(12) For purposes of paragraph (1)(A), the `applicable fraction'
for an individual who attains the age of 62 in--
``(A) any year before 2001, is \5/9\;
``(B) 2001, is \7/12\;
``(C) 2002, is \11/18\;
``(D) 2003, is \23/36\;
``(E) 2004, is \2/3\; and
``(F) 2005 or any succeeding year, is \25/36\.''.
(2) Months beyond first 36 months.--Section 202(q) of such
Act (42 U.S.C. 402(q)(9)) (as amended by paragraph (1)) is
amended--
(A) in paragraph (9)(A), by striking ``five-
twelfths'' and inserting ``the applicable fraction
(determined under paragraph (13))''; and
(B) by adding at the end the following:
``(13) For purposes of paragraph (9)(A), the `applicable fraction'
for an individual who attains the age of 62 in--
``(A) any year before 2001, is \5/12\;
``(B) 2001, is \16/36\;
``(C) 2002, is \16/36\;
``(D) 2003, is \17/36\;
``(E) 2004, is \17/36\; and
``(F) 2005 or any succeeding year, is \1/2\.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to individuals who attain the age of 62 in
years after 1999.
(b) Delayed Retirement.--Section 202(w)(6) of the Social Security
Act (42 U.S.C. 402(w)(6)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking ``2004.'' and
inserting ``2004 and before 2007;''; and
(3) by adding at the end the following:
``(E) \17/24\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2006 and before
2009;
``(F) \3/4\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2008 and before
2011;
``(G) \19/24\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2010 and before
2013; and
``(H) \5/6\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2012.''.
SEC. 5. TEN PERCENT FICA TAX CUT FOR WORKERS WHO HAVE REACHED
RETIREMENT AGE.
(a) In General.--
(1) Old-age, survivors, and disability insurance.--Section
3101(a) of the Internal Revenue Code of 1986 (relating to old-
age, survivors, and disability insurance) is amended to read as
follows:
``(a) Old-Age, Survivors, and Disability Insurance.--
``(1) General employee rate.--In addition to other taxes,
there is hereby imposed on the income of every individual who
has not attained the retirement age (as defined in section
216(l) of the Social Security Act) a tax equal to 6.2 percent
of the wages (as defined in section 3121(a)) received by him
with respect to employment (as defined in section 3121(b)).
``(2) Retirement employee rate.--In addition to other
taxes, there is hereby imposed on the income of every
individual who has attained the retirement age (as defined in
section 216(l) of the Social Security Act) a tax equal to 5.58
percent of the wages (as defined in section 3121(a)) received
by him with respect to employment (as defined in section
3121(b)).''.
(2) Hospital insurance.--Section 3101(b) of the Internal
Revenue Code of 1986 (relating to hospital insurance) is
amended to read as follows:
``(b) Hospital Insurance.--
``(1) General employee rate.--In addition to the tax
imposed by the preceding subsection, there is hereby imposed on
the income of every individual who has not attained the
retirement age (as defined in section 216(l) of the Social
Security Act) a tax equal to 1.45 percent of the wages (as
defined in section 3121(a)) received by him with respect to
employment (as defined in section 3121(b)).
``(2) Post retirement employee rate.--In addition to the
tax imposed by the preceding subsection, there is hereby
imposed on the income of every individual who has attained the
retirement age (as defined in section 216(l) of the Social
Security Act) a tax equal to 1.305 percent of the wages (as
defined in section 3121(a)) received by him with respect to
employment (as defined in section 3121(b)).''.
(b) Self-Employed Individuals.--
(1) Old-age, survivors, and disability insurance.--Section
1401(a) of the Internal Revenue Code of 1986 (relating to old-
age, survivors, and disability insurance) is amended to read as
follows:
``(a) Old-Age, Survivors, and Disability Insurance.--
``(1) General employee rate.--In addition to other taxes,
there shall be imposed for each taxable year, on the self-
employment income of every individual who has not attained the
retirement age (as defined in section 216(l) of the Social
Security Act), a tax equal to 12.40 percent of the amount of
the self-employment income for such taxable year.
``(2) Retirement employee rate.--In addition to other
taxes, there shall be imposed for each taxable year, on the
self-employment income of every individual who has not attained
the retirement age (as defined in section 216(l) of the Social
Security Act), a tax equal to 11.78 percent of the amount of
the self-employment income for such taxable year.''.
(2) Hospital insurance.--Section 1401(b) of the Internal
Revenue Code of 1986 (relating to hospital insurance) is
amended to read as follows:
``(b) Hospital Insurance.--
``(1) General employee rate.--In addition to the tax
imposed by the preceding subsection, there shall be imposed for
each taxable year, on the self-employment income of every
individual who has not attained the retirement age (as defined
in section 216(l) of the Social Security Act), a tax equal to
2.9 percent of the amount of the self-employment income for
such taxable year.
``(2) Post retirement employee rate.--In addition to the
tax imposed by the preceding subsection, there shall be imposed
for each taxable year, on the self-employment income of every
individual who has not attained the retirement age (as defined
in section 216(l) of the Social Security Act), a tax equal to
2.755 percent of the amount of the self-employment income for
such taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years ending after December 31, 2000.
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Amends the Internal Revenue Code to reduce by ten percent the Federal Insurance Contributions Act (FICA) tax rate on the income of every individual who has attained early retirement age.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wall Street Accountability through
Sustainable Funding Act''.
SEC. 2. REQUIREMENT THAT THE COMMODITY FUTURES TRADING COMMISSION
IMPOSE FEES AND ASSESSMENTS TO RECOVER THE COST OF
APPROPRIATIONS TO THE COMMISSION.
Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is amended
by adding at the end the following:
``(i) Recovery of Costs of Annual Appropriations.--
``(1) Imposition of fees.--
``(A) In general.--Except as provided in
subparagraph (C), the Commission shall, by order,
impose a fee on each agreement, contract, or
transaction that is a contract of sale of a commodity
for future delivery, an option, or a swap, including an
agreement, contract, or transaction transacted through
the use of a foreign terminal, so that the total of the
fees so imposed during each fiscal year is sufficient
to recover the costs to the Government of the annual
appropriation to the Commission by Congress for the
fiscal year.
``(B) Foreign terminal.--In subparagraph (A), the
term `foreign terminal' means a technology, software,
or device, which is located in the United States and
used to execute an agreement, contract, or transaction
on a foreign board of trade, or which is located
outside of the United States and used to execute an
agreement, contract, or transaction within the United
States on a domestic board of trade.
``(C) Exemptions.--The Commission, by rule, may
exempt any such agreement, contract, or transaction
from any fee imposed under this paragraph, if the
Commission finds that the exemption is consistent
with--
``(i) the public interest;
``(ii) the equal treatment of contract
markets, derivatives clearing organizations,
and market participants; and
``(iii) the operation of a nationwide
market system.
``(D) Limitation.--The fees imposed under this
paragraph on all transactions of the same kind shall be
determined in a uniform manner.
``(E) Mid-year adjustment.--
``(i) In general.--By March 1 of each
fiscal year, the Commission shall determine
whether, based on the fees collected under this
subsection during the first 5 months of the
fiscal year, the total of the amounts collected
and to be collected under this subsection for
the fiscal year is reasonably likely to be 10
percent (or more) greater or less than the
costs described in subparagraph (A) for the
fiscal year. If the Commission so determines,
the Commission shall by order, no later than
March 1 of the fiscal year, adjust the fee
rates otherwise applicable under this paragraph
for the fiscal year so that the total of the
amounts so collected and to be collected is
reasonably likely to equal to the costs so
described.
``(ii) Effective date.--Subject to
paragraphs (2)(C) and (4), an adjusted rate
prescribed under clause (i) of this
subparagraph in a fiscal year shall take effect
on the later of--
``(I) the 1st day of the fiscal
year to which the rate applies; or
``(II) 60 days after the date on
which a regular appropriation to the
Commission for the fiscal year is
enacted.
``(F) Publication.--The Commission shall publish in
the Federal Register notices of the fee rates
applicable under this paragraph for a fiscal year not
later than 30 days after the date on which a regular
appropriation to the Commission for the fiscal year is
enacted, together with any estimates or projections on
which the fee rates are based.
``(G) Inapplicability of rulemaking requirements.--
In exercising its authority under this paragraph, the
Commission shall not be required to comply with section
553 of title 5, United States Code.
``(H) No judicial review.--A fee rate prescribed
under this paragraph and published in accordance with
subparagraph (F) shall not be subject to judicial
review.
``(2) Payment and collection of fees.--
``(A) Cleared transactions; uncleared swaps
reported to swap data repositories.--
``(i) Payment of fees.--
``(I) Cleared transactions.--In the
case of a contract of sale of a
commodity for future delivery, an
option, or a swap that is cleared by a
derivatives clearing organization
registered or exempt from registration
under this Act, each party to the
agreement, contract, or transaction
shall pay the fee determined under
paragraph (1) to the derivatives
clearing organization.
``(II) Uncleared swaps reported to
swap data repositories.--In the case of
a swap that is not cleared by a
derivatives clearing organization
registered or exempt from registration
under this Act and that is accepted by
a swap data repository registered under
section 21, each party to the swap
shall pay the transaction fee
determined under paragraph (1) to the
swap data repository.
``(ii) Collection of fees.--The Commission
shall collect the fees paid in accordance with
clause (i) in such manner and within such time
as the Commission deems appropriate, except
that if the Commission has not collected a fee
paid in accordance with clause (i) within 30
days after receipt by the derivatives clearing
organization or swap data repository, as the
case may be, the organization or repository, as
the case may be, shall transmit the fee to the
Commission.
``(B) Uncleared swaps reported to commission.--In
the case of a swap that is not cleared by a derivatives
clearing organization registered or exempt from
registration under this Act and that is reported to the
Commission pursuant to section 4r, each party to the
swap shall pay the fee determined under paragraph (1)
to the Commission in a manner and within such time as
the Commission deems appropriate.
``(C) Subject to appropriations.--Except as
provided in paragraph (4), a fee shall not be collected
under this subsection for a fiscal year, except to the
extent provided in advance in appropriation Acts.
``(3) Deposit of fees.--
``(A) Offsetting collections.--A fee collected
under paragraph (2) for a fiscal year shall be
deposited and credited as offsetting collections to the
account providing appropriations to the Commission.
``(B) General revenues prohibited.--A fee collected
under paragraph (2) for a fiscal year shall not be
deposited and credited as general revenue of the
Treasury.
``(4) Lapse of appropriation.--If on the first day of a
fiscal year a regular appropriation to the Commission has not
been enacted, the Commission shall continue to collect (as
offsetting collections) the fees imposed under paragraph (1) at
the rate in effect during the preceding fiscal year, until 60
days after the date such a regular appropriation is enacted.
``(j) Commodity Futures Trading Commission Reserve Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a separate fund, to be known as the
`Commodity Futures Trading Commission Reserve Fund' (referred
to in this subsection as the `Reserve Fund').
``(2) Imposition of fees.--The Commission shall impose and
collect an additional fee, as provided in subsection (i),
except that the total amount of the fees imposed and collected
in each fiscal year shall not exceed an amount equal to the
amount (if any) by which $50,000,000 exceeds the balance in the
Reserve Fund as of the end of the preceding fiscal year, and
paragraphs (2)(C) and (4) of subsection (i) shall not apply
with respect to this subsection.
``(3) Deposits into reserve fund.--
``(A) In general.--Except as provided in this
paragraph, all fees collected under this paragraph
shall be deposited into the Reserve Fund.
``(B) Limitation.--The balance in the Reserve Fund
shall not exceed $50,000,000.
``(4) Use of funds.--The Commission may obligate amounts in
the Reserve Fund, not to exceed a total of $50,000,000 in any 1
fiscal year, as the Commission determines is necessary to make
long-term investments in information technology for use by the
Commission and to cover unexpected expenses of the Commission
(as determined by the Commission). Not later than 10 days after
the date on which the Commission obligates amounts under this
paragraph, the Commission shall notify the Congress of the
date, amount, and purpose of the obligation.
``(5) Availability of funds.--Amounts in the Reserve Fund
shall remain available until expended.
``(6) Rule of construction.--Amounts in the Reserve Fund
shall not be construed to be Government funds or appropriated
monies and shall not be subject to apportionment for the
purpose of chapter 15 of title 31, United States Code, or under
any other authority.''.
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Wall Street Accountability Through Sustainable Funding Act - Amends the Commodity Exchange Act to require the Commodity Futures Trading Commission (CFTC) to impose fees to recover the cost of the appropriation to the CFTC for the fiscal year. Requires the fees to be imposed on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option, or a swap. Permits the CFTC to exempt contracts, agreements, or transactions from the fee if the exemption is consistent with: (1) the public interest; (2) the equal treatment of contract markets, derivatives clearing organizations, and market participants; and (3) the operation of a nationwide market system. Establishes the Commodity Futures Trading Commission Reserve Fund in the Treasury and requires the CFTC to impose and collect an additional fee to be deposited into the Fund. Permits the CFTC to obligate amounts in the Fund for long-term investments in information technology and unexpected expenses. Limits the balance in the Fund to $50 million.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Wasting Disease State
Support Act of 2002''.
SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE.
In this Act, the term ``chronic wasting disease'' means the animal
disease afflicting deer and elk that--
(1) is a transmissible disease of the nervous system
resulting in distinctive lesions in the brain; and
(2) belongs to the group of diseases known as transmissible
spongiform encephalopathies, which group includes scrapie,
bovine spongiform encephalopathy, and Cruetzfeldt-Jakob
disease.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Pursuant to State and Federal law, the States retain
undisputed primacy and policy-making authority with regard to
wildlife management, and nothing in this Act interferes with or
otherwise affects the primacy of the States in managing
wildlife generally, or managing, surveying, and monitoring the
incidence of chronic wasting disease.
(2) Chronic wasting disease, the fatal neurological disease
found in cervids, is a fundamental threat to the health and
vibrancy of deer and elk populations, and the increased
occurrence of chronic wasting disease in regionally diverse
locations in recent months necessitates an escalation in
research, surveillance, monitoring, and management activities
focused on containing, managing, and eradicating this lethal
disease.
(3) As the States move to manage existing incidence of
chronic wasting disease and insulate non-infected wild and
captive cervid populations from the disease, the Federal
Government should endeavor to provide integrated and holistic
financial and technical support to these States.
(4) In its statutory role as supporting agent, relevant
Federal agencies should provide consistent, coherent, and
integrated support structures and programs for the benefit of
State wildlife and agricultural administrators, as chronic
wasting disease can move freely between captive and wild
cervids across the broad array of Federal, State, and local
land management jurisdictions.
(5) The Secretary of the Interior, the Secretary of
Agriculture, and other affected Federal authorities can provide
consistent, coherent, and integrated support systems under
existing legal authorities.
TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES
SEC. 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID
POPULATIONS.
(a) Modeling Program Required.--The Secretary of the Interior shall
establish a modeling program to predict the spread of chronic wasting
disease in wild deer and elk in the United States.
(b) Role.--Computer modeling shall be used to identify areas of
potential disease concentration and future outbreak and shall be made
available for the purposes of targeting public and private chronic
wasting disease control efforts.
(c) Data Integration.--Information shall be displayed in a GIS
format to support management use of modeling results, and shall be
displayed integrated with the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Environmental conditions data.
(5) Wildlife data.
(6) Other data as appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $1,000,000 under this
section.
SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK.
(a) Program Development.--Using existing authorities, the Secretary
of the Interior, acting through the United States Geological Survey,
shall conduct a surveillance and monitoring program on Federal lands
managed by the Secretary to identify--
(1) the incidence of chronic wasting disease infection in
wild herds of deer and elk;
(2) the cause and extent of the spread of the disease; and
(3) potential reservoirs of infection and vectors promoting
the spread of the disease.
(b) Tribal Assistance.--In developing the surveillance and
monitoring program for wild herds on Federal lands, the Secretary of
the Interior shall provide assistance to tribal governments or tribal
government entities responsible for managing and controlling chronic
wasting disease in wildlife on tribal lands.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $3,000,000 to establish
and support the surveillance and monitoring program.
TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES
SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING
DISEASE.
(a) Information Repository.--The United States Department of
Agriculture, using existing authorities, shall develop and maintain an
interactive, Internet-based web site that displays--
(1) surveillance and monitoring program data regarding
chronic wasting disease in both wild and captive cervid
populations and other wildlife that are collected by the
Department of Agriculture, the Department of the Interior,
other Federal agencies, and State agencies assisted under this
Act;
(2) modeling information regarding the spread of chronic
wasting disease in the United States; and
(3) other relevant information regarding chronic wasting
disease received from other sources.
(b) Information Sharing Policy.--The national repository shall be
available as a resource for Federal and State agencies responsible for
managing and controlling chronic wasting disease and for institutions
of higher education and other public or private research entities
conducting research regarding chronic wasting disease. Data from the
repository shall be made available to other Federal agencies, State
agencies and the general public upon request.
SEC. 202. SAMPLING AND TESTING PROTOCOLS.
(a) Sampling Protocol.--Within 30 days of enactment of this Act,
the Secretary of Agriculture shall release guidelines for the use by
Federal, State, tribal and local agencies for the collection of animal
tissue to be tested for chronic wasting disease. Guidelines shall
include, at a minimum, procedures for the collection and stabilization
of tissue samples for transport for laboratory assessment. Such
guidelines shall be updated as necessary.
(b) Testing Protocol.--Within 30 days of enactment of this Act, the
Secretary of Agriculture shall release a protocol to be used in the
laboratory assessment of samples of animal tissue that may be
contaminated with chronic wasting disease.
(c) Laboratory Certification.--Within 45 days of enactment of this
Act, the Secretary of Agriculture shall develop a program for the
inspection and certification of Federal and non-Federal laboratories
conducting chronic wasting disease tests.
(d) Development of New Tests.--The Secretary of Agriculture shall
accelerate research into the development of live animal tests for
chronic wasting disease, including field diagnostic tests, and the
development of testing protocols that reduce laboratory test processing
time.
SEC. 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND
ELK.
(a) Captive Herd Program Development.--The Secretary of
Agriculture, acting through the Animal and Plant Health Inspection
Service, shall develop a program to identify the rate of chronic
wasting disease infection in captive herds of deer and elk, the cause
and extent of the spread of the disease, and potential reservoirs of
infection and vectors promoting the spread of the disease.
(1) Implementation.--The Secretary of Agriculture shall
provide financial and technical assistance to States and tribal
governments to implement surveillance and monitoring program
for captive herds.
(2) Cooperation.--In developing the surveillance and
monitoring program for captive herds, the Secretary of
Agriculture shall cooperate with State agencies responsible for
managing and controlling chronic wasting disease in captive
wildlife. Grantees under this section shall submit to the
Secretary of Agriculture a plan for monitoring chronic wasting
disease in captive wildlife and reducing the risk of disease
spread through captive wildlife transport. As a condition of
awarding aid under this section, the Secretary of Agriculture
may prohibit or restrict the--
(A) movement in interstate commerce of any animal,
article, or means of conveyance if the Secretary
determines that the prohibition or restriction is
necessary to prevent the introduction or dissemination
of chronic wasting disease; and
(B) use of any means of conveyance or facility in
connection with the movement in interstate commerce of
any animal or article if the Secretary determines that
the prohibition or restriction is necessary to prevent
the introduction or dissemination of chronic wasting
disease.
(3) Coordination.--The Secretary of Agriculture, in
cooperation with the Secretary of the Interior, shall establish
uniform standards for the collection and assessment of samples
and data derived from the surveillance and monitoring program.
(b) Wild Herd Program.--The Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, shall,
consistent with existing authority, assist States in reducing the
incidence of chronic wasting disease infection in wild herds of deer
and elk.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $2,000,000 to conduct
activities under this section.
SEC. 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.
(a) Purpose.--Diagnostic testing will continue to be conducted on
samples collected under the surveillance and monitoring programs
regarding chronic wasting disease conducted by the States and the
Federal Government, including the programs required by this Act, but
current laboratory capacity is inadequate to process the anticipated
sample load.
(b) Upgrading of Federal Facilities.--The Secretary of Agriculture
shall provide for the upgrading of Federal laboratories to facilitate
the timely processing of samples from the surveillance and monitoring
programs required by this Act and related epidemiological investigation
in response to the results of such processing.
(c) Upgrading of Certified Laboratories.--Using the grant authority
provided under section 2(d) of the Competitive, Special and Facilities
Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture
shall make grants to provide for the upgrading of laboratories
certified by the Secretary to facilitate the timely processing of
samples from surveillance and monitoring programs and related
epidemiological investigation in response to the results of such
processing.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $7,500,000 to carry out
this section.
SEC. 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.
(a) Expansion.--The Secretary of Agriculture, acting through the
Agricultural Research Service, shall expand and accelerate basic
research on chronic wasting disease, including research regarding
detection of chronic wasting disease, genetic resistance, tissue
studies, and environmental studies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $1,000,000 to carry out
this section.
SEC. 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND
EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION.
(a) Research Efforts.--The Secretary of Agriculture, acting through
the Cooperative State Research, Education and Extension Service, shall
expand the grant program regarding research on chronic wasting disease.
(b) Educational Efforts.--The Secretary of Agriculture shall
provide educational outreach regarding chronic wasting disease to the
general public, industry and conservation organizations, hunters, and
interested scientific and regulatory communities.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture--
(1) $3,000,000 to carry out subsection (a); and
(2) $1,000,000 to carry out subsection (b).
TITLE III--GENERAL PROVISIONS
SEC. 301. INTERAGENCY COORDINATION.
(a) In General.--Within 60 days of enactment after the date of
enactment of this Act, the Secretary of Agriculture and the Secretary
of the Interior, shall enter into a cooperative agreement for the
purpose of coordinating actions and disbursing funds authorized under
section 302 of this title to prevent the spread of chronic wasting
disease and related diseases in the United States.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretaries shall submit to Congress a report that--
(1) describes actions that are being taken, and will be
taken, to prevent the further outbreak of chronic wasting
disease and related diseases in the United States; and
(2) contains any additional recommendations for additional
legislative and regulatory actions that should be taken to
prevent the spread of chronic wasting disease in the United
States.
SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE
CHRONIC WASTING DISEASE IN WILDLIFE.
(a) Availability of Assistance.--As a condition of the cooperative
agreement described in section 301, the Secretary of Agriculture and
the Secretary of the Interior shall develop a grant program to allocate
funds appropriated to carry out this section directly to the State
agency responsible for wildlife management in each State that petitions
the Secretary for a portion of such fund to develop and implement long
term management strategies to address chronic wasting disease in
wildlife.
(b) Funding Priorities.--In determining the amounts to be allocated
to grantees under subsection (a), priority shall be given based on the
following criteria:
(1) Relative scope of incidence of chronic wasting disease
in the State, with priority given to those jurisdictions with
the highest incidence of the disease.
(2) Expenditures on chronic wasting disease management,
monitoring, surveillance, and research, with priority given to
those States and tribal governments that have shown the
greatest financial commitment to managing, monitoring,
surveying, and researching chronic wasting disease.
(3) Comprehensive and integrated policies and programs
focused on chronic wasting disease management between involved
State wildlife and agricultural agencies and tribal
governments, with priority given to grantees that have
integrated the programs and policies of all involved agencies
related to chronic wasting disease management.
(4) Rapid response to new outbreaks of chronic wasting
disease, whether occurring in States in which chronic wasting
disease is already found or States with first infections, with
the intent of containing the disease in any new area of
infection.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this subsection.
SEC. 303. RULEMAKING.
(a) Joint Rulemaking.--To ensure that the surveillance and
monitoring programs and research programs required by this Act are
compatible and that information collection is carried out in a manner
suitable for inclusion in the national database required by section
201, the Secretary of the Interior and the Secretary of Agriculture
shall jointly promulgate rules to implement this Act.
(b) Procedure.--The promulgation of the rules shall be made without
regard to--
(1) chapter 35 of title 44, United States Code 13 (commonly
know as the ``Paperwork Reduction Act'');
(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) the notice and comment provisions of section 553 of
title 5, United States Code.
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of the Interior and the Secretary of
Agriculture shall use the authority provided under section 808 of title
5, United States Code.
(d) Relation to Other Rulemaking and Law.--The requirement for
joint rulemaking shall not be construed to require any delay in the
promulgation by the Secretary of Agriculture of rules regarding the
interstate transportation of captive deer or elk or to effect any other
rule or public law implemented by the Secretary of Agriculture or the
Secretary of the Interior regarding chronic wasting disease before the
date of the enactment of this Act.
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Chronic Wasting Disease State Support Act of 2002 - Defines "chronic wasting disease" as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease.Directs the Secretary of the Interior (through the U.S. Geological Survey) to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information.Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples; (2) a protocol to be used in the assessment of samples in the laboratory; and (3) a program for the inspection of laboratories conducting chronic wasting disease tests.Directs the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop a program to identify: (1) the rate of infection in captive herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) areas promoting the disease.Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs.; and (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program.Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Funding to Prevent Teen
Pregnancy Act''.
SEC. 2. TEENAGE PREGNANCY PREVENTION.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--TEENAGE PREGNANCY PREVENTION
``SEC. 2901. TEENAGE PREGNANCY PREVENTION GRANTS.
``(a) Authority.--The Secretary may award on a competitive basis
grants to public and private entities to establish or expand teenage
pregnancy prevention programs.
``(b) Grant Recipients.--Grant recipients under this section may
include State and local not-for-profit coalitions working to prevent
teenage pregnancy, State, local, and tribal agencies, schools, entities
that provide afterschool programs, and community and faith-based
groups.
``(c) Priority.--In selecting grant recipients under this section,
the Secretary shall give--
``(1) highest priority to applicants seeking assistance for
programs targeting communities or populations in which--
``(A) teenage pregnancy or birth rates are higher
than the corresponding State average; or
``(B) teenage pregnancy or birth rates are
increasing; and
``(2) priority to applicants seeking assistance for
programs that--
``(A) will benefit underserved or at-risk
populations such as young males or immigrant youths; or
``(B) will take advantage of other available
resources and be coordinated with other programs that
serve youth, such as workforce development and
afterschool programs.
``(d) Use of Funds.--Funds received by an entity as a grant under
this section shall be used for programs that--
``(1) replicate or substantially incorporate the elements
of one or more teenage pregnancy prevention programs that have
been proven (on the basis of rigorous scientific research) to
delay sexual intercourse or sexual activity, increase condom or
contraceptive use (without increasing sexual activity), or
reduce teenage pregnancy; and
``(2) incorporate one or more of the following strategies
for preventing teenage pregnancy: encouraging teenagers to
delay sexual activity; sex and HIV education; interventions for
sexually active teenagers; preventive health services; youth
development programs; service learning programs; and outreach
or media programs.
``(e) Complete Information.--Programs receiving funds under this
section that focus on instruction that includes discussion of human
sexuality and reproduction shall provide information that is medically
accurate in regard to the health benefits and side effects of all
contraceptives and barrier methods as a means to reduce the risk of
unintended pregnancy and contracting sexually transmitted diseases,
including HIV/AIDS.
``(f) Applications.--Each entity seeking a grant under this section
shall submit an application to the Secretary at such time and in such
manner as the Secretary may require.
``(g) Matching Funds.--
``(1) In general.--The Secretary may not award a grant to
an applicant for a program under this section unless the
applicant demonstrates that it will pay, from funds derived
from non-Federal sources, at least 25 percent of the cost of
the program.
``(2) Applicant's share.--The applicant's share of the cost
of a program shall be provided in cash or in kind.
``(h) Supplementation of Funds.--An entity that receives funds as a
grant under this section shall use the funds to supplement and not
supplant funds that would otherwise be available to the entity for
teenage pregnancy prevention.
``(i) Evaluations.--
``(1) In general.--The Secretary shall--
``(A) conduct or provide for a rigorous evaluation
of 10 percent of programs for which a grant is awarded
under this section;
``(B) collect basic data on each program for which
a grant is awarded under this section; and
``(C) upon completion of the evaluations referred
to in subparagraph (A), submit to the Congress a report
that includes a detailed statement on the effectiveness
of grants under this section.
``(2) Cooperation by grantees.--Each grant recipient under
this section shall provide such information and cooperation as
may be required for an evaluation under paragraph (1).
``(j) Definitions.--For purposes of this section:
``(1) The term `medically accurate', with respect to
information, means information that is supported by research,
recognized as accurate and objective by leading medical,
psychological, psychiatric, and public health organizations and
agencies, and where relevant, published in peer review
journals.
``(2) The term `rigorous scientific research' means based
on a program evaluation that:
``(A) Measured impact on sexual or contraceptive
behavior, pregnancy or childbearing.
``(B) Employed an experimental or quasi-
experimental design with well-constructed and
appropriate comparison groups.
``(C) Had a sample size large enough (at least 100
in the combined treatment and control group) and a
follow-up interval long enough (at least six months) to
draw valid conclusions about impact.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2006, and such sums as may be necessary thereafter. In addition, there
are authorized to be appropriated for evaluations under subsection (i)
such sums as may be necessary for fiscal year 2006 and each fiscal year
thereafter.''.
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Responsible Funding to Prevent Teen Pregnancy Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award competitive grants to public and private entities to establish or expand teenage pregnancy prevention programs. Requires the Secretary to give: (1) highest priority to applicants seeking assistance for programs targeting communities or populations in which teenage pregnancy or birth rates are higher than the state average or are increasing; and (2) priority to applicants seeking assistance for programs that will benefit underserved or at-risk populations or will take advantage of other available resources and be coordinated with other programs that serve youth.
Requires funds to be used for programs that: (1) replicate or substantially incorporate elements of teenage pregnancy prevention programs that have proven to delay sexual intercourse or sexual activity, increase condom or contraceptive use (without increasing sexual activity), or reduce teenage pregnancy; and (2) incorporate specified strategies for preventing teenage pregnancy, including outreach or media programs.
Requires programs receiving funds that focus on instruction that includes discussion of human sexuality and reproduction to provide medically accurate information regarding the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of unintended pregnancy and sexually transmitted diseases.
Requires the Secretary to: (1) conduct or provide for a rigorous evaluation of 10% of programs for which a grant is awarded; (2) collect basic data on each program; and (3) report to Congress on grant effectiveness.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Colorado River and San Juan
River Endangered Fish Recovery Act of 1998''.
SEC. 2. PURPOSE.
The purpose of the ``Upper Colorado River and the San Juan River
Endangered Fish Recovery Act of 1998'' is to authorize and provide
funding for the Secretary, acting through the Bureau of Reclamation and
the Bureau of Indian Affairs, to continue implementation of the
endangered fish recovery implementation programs for the Upper Colorado
and San Juan River Basins in order to accomplish the objectives of
these programs within a currently established time schedule.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Recovery Implementation Programs'' means the
intergovernmental programs established pursuant to the 1988
Cooperative Agreement to implement the Recovery Implementation
Program for the Endangered Fish Species in the Upper Colorado
River dated September 29, 1987, and the 1992 Cooperative
Agreement to implement the San Juan River Recovery
Implementation Program dated October 21, 1992, and as they may
be amended by the parties thereto;
(2) the term ``Secretary'' means the Secretary of the
Interior;
(3) the term ``Upper Division States'' means the States of
Colorado, New Mexico, Utah, and Wyoming;
(4) the term ``Endangered Species Act'' means the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and any
Federal regulation implementing the Endangered Species Act;
(5) the term ``Reclamation'' means the U.S. Bureau of
Reclamation;
(6) the term ``Service'' means the U.S. Fish and Wildlife
Service;
(7) the term ``Indian Affairs'' means the U.S. Bureau of
Indian Affairs;
(8) the term ``Bureau'' means the U.S. Bureau of Land
Management;
(9) the term ``capital projects'' means planning, design,
permitting or other compliance, construction, construction
management, and replacement of facilities, and the acquisition
of interests in land or water, as necessary to carry out the
Recovery Implementation Programs;
(10) the term ``facilities'' includes facilities for the
genetic conservation or propagation of the endangered fishes,
those for the restoration of floodplain habitat or fish
passage, those for regulation or supply of instream flows, and
those for the removal or translocation of nonnative fishes;
(11) the term ``interests in land and water'' includes
long-term leases and easements, and long-term enforcement or
other agreements protecting instream flows;
(12) the term ``base funding'' means funding for operation
and maintenance of capital projects, implementation of recovery
actions other than capital projects, monitoring and research to
evaluate the need for or effectiveness of any recovery action,
and program management, as necessary to carry out the Recovery
Implementation Programs. Base funding also includes annual
funding provided under the terms of the 1988 Cooperative
Agreement and the 1992 Cooperative Agreement; and
(13) the term ``recovery actions other than capital
projects'' includes short-term leases and agreements for
interests in land, water, and facilities; the reintroduction or
augmentation of endangered fish stocks; and the removal,
translocation, or other control of nonnative fishes.
SEC. 4. AUTHORIZATION TO FUND RECOVERY PROGRAMS.
(a) Cost of Capital Projects.--The costs of the capital projects
undertaken for the Recovery Implementation Programs shall not exceed
$100,000,000.
(1) For the Recovery Implementation Program for Endangered
Fish Species in the Upper Colorado River Basin through the year
2003, such costs shall not exceed $82,000,000.
(2) For the San Juan River Recovery Implementation Program
through the year 2007, such costs shall not exceed $18,000,000.
(3) These costs will be adjusted for inflation.
(b) Authorization for Appropriations for Federal Participation in
Capital Projects.--There is hereby authorized to be appropriated to the
Secretary, acting through Reclamation, $46,000,000 to undertake capital
projects pursuant to this Act. Such funds shall be considered a
nonreimbursable Federal expenditure.
(1) The authority of the Secretary to request
appropriations to implement capital projects for the Recovery
Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin shall expire in the year 2003 unless
reauthorized by an Act of Congress.
(2) The authority of the Secretary to request
appropriations to implement the capital projects for the San
Juan River Basin Recovery Implementation Program shall expire
in the year 2007 unless reauthorized by an Act of Congress.
(c) Non-Federal Contributions to Capital Projects.--(1) The
Secretary, acting through Reclamation, may enter into agreements with
the Upper Division States, political subdivisions or organizations
within the Upper Division States which contribute to the payment of
capital project costs. Such non-Federal contributions shall not exceed
$17,000,000.
(2) In addition to the contribution described in 4(c)(1), the
Secretary may utilize power revenues collected pursuant to the Colorado
River Storage Project Act to carry out the purposes of this Act. Such
funds shall be treated as reimbursable costs assigned to power for
repayment under section 5 of the Colorado River Storage Project Act.
This additional contribution shall not exceed $17,000,000. Such funds
shall be considered a non-Federal contribution for the purposes of this
Act. The additional funding provided pursuant to this provision may be
provided through a loan or loans from the Colorado Water Conservation
Board Construction Fund (37-60-121 C.R.S.) to the Secretary of Energy
to replace revenues which would otherwise be used for project
repayments. The Secretary is authorized to repay such loan or loans
from power revenues, subject to an agreement between the Colorado Water
Conservation Board and the Secretary of Energy. The agreement shall
include provisions designed to minimize future increases in electrical
power rates and ensure that a lump-sum repayment, which includes
principal and interest, is paid to the Colorado Water Conservation
Board no later than October 31, 2057.
(3) All contributions made pursuant to subsection (c)(1) and (c)(2)
shall be in addition to the cost of replacement power purchased due to
modifying the operation of the Colorado River Storage Project and the
capital value of water from Wolford Mountain Reservoir in Colorado.
Such contributions shall not exceed $20,000,000.
(d) Base Funding.--The Secretary may utilize power revenues
collected pursuant to the Colorado River Storage Project Act for the
annual base funding contributions to the Recovery Implementation
Programs by Reclamation. Such funding will be treated as being
nonreimbursable and as having been repaid and returned to the general
fund of the Treasury as costs assigned to power for repayment under
section 5 of the Colorado River Storage Project Act.
(1) For the Recovery Implementation Program for the
Endangered Fish Species in the Upper Colorado River Basin, such
contributions shall not exceed $4,000,000 per year.
(2) For the San Juan River Recovery Implementation Program,
such contributions shall not exceed $2,000,000 per year.
These limits on the annual contributions to base funding will be
adjusted for inflation. Any transfer of funds within these limits to
the Service shall not be subject to transfer fees. No later than
December 31, 2010, the Secretary shall submit a report on the
utilization of power revenues to the Subcommittee on Energy and Water
Development for the Senate and House Committee on Appropriations. The
Secretary shall also make a recommendation regarding the need for
additional funding that may be required to fulfill the goals of the
Recovery Implementation Programs. Nothing in this Act shall otherwise
modify or amend existing agreements among participants regarding base
funding and depletion fees for the Recovery Implementation Programs.
The Secretary of Energy and Reclamation shall maintain sufficient
revenues in the Colorado River Basin Fund to meet their obligations to
provide base funding in accordance with this provision.
(e) Authority To Retain Appropriated Funds.--At the end of each
fiscal year any unexpended appropriated funds for capital projects
shall be retained for use in future fiscal years. Unexpended funds
which are carried over shall continue to be used to implement the
capital projects needed for the Recovery Implementation Programs.
(f) Additional Authority.--The Secretary may enter into agreements
and contracts with Federal and non-Federal entities; acquire and
transfer interests in land, water and facilities; and accept or give
grants in order to carry out the purposes of this Act.
(g) Indian Trust Assets.--As much of the potential water
development in the San Juan River Basin is for the benefit of Indian
tribes and most of the federally designated critical habitat for the
endangered fish species in the basin is on Indian trust lands, nothing
in this Act shall be construed to restrict the Secretary from funding
activities or capital items in accordance with the Federal Government's
Indian trust responsibility.
SEC. 5. EFFECT ON RECLAMATION LAW.
Construction of facilities and acquisition of land and water
interests as contemplated herein shall not render these facilities or
land and water interests or associated processes and procedures subject
to the Reclamation Act of 1902, as amended.
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Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998 - Limits to $100 million the costs of capital projects undertaken for the Upper Colorado and San Juan River recovery implementation programs (as agreed to in 1988).
Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects under this Act. Terminates in 2003 and 2007, respectively, the authority of the Secretary to request appropriations to implement such projects for the recovery programs in the Upper Colorado and San Juan River basins. Authorizes the Secretary to: (1) enter into agreements for non-federal contributions to project costs; and (2) utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act. Limits such contributions with respect to each recovery program. Requires the Secretary to report to specified committees and subcommittees on the utilization of such power revenues.
Authorizes the retention of appropriated but unexpended project funds for use in future fiscal years.
States that nothing in this Act shall restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Washita Battlefield National
Historic Site Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Battle of the Washita, November 27, 1868, was one
of the largest engagements between Plains tribes and the United
States Army on the Southern Great Plains. The site is a
registered National Historic Landmark;
(2) Lt. Colonel George A. Custer, leading the 7th United
States Calvary, attacked the sleeping Cheyenne village of peace
chief Black Kettle. Custer's attack resulted in more than 150
Indian casualties, many of them women and children;
(3) the Battle of the Washita symbolizes the struggle of
the Southern Great Plains tribes to maintain their traditional
lifeways and not to submit to reservation confinement; and
(4) the Washita battle site possesses a high degree of
integrity and the cultural landscape is essentially intact. The
Cheyenne village site has not been altered substantially except
by periodic flooding of the Washita River.
(b) Purposes.--The purposes of this Act are to--
(1) recognize the importance of the Battle of the Washita
as a nationally significant element of frontier military
history and as a symbol of the struggles of the Southern Great
Plains tribes to maintain control of their traditional use
areas; and
(2) establish the site of the Battle of the Washita as a
national historic site and provide opportunities for American
Indian groups including the Cheyenne-Arapaho Tribe to be
involved in the formulation of plans and educational programs
for the national historic site.
SEC. 3. ESTABLISHMENT.
(a) In General.--In order to provide for the preservation and
interpretation of the Battle of the Washita, there is hereby
established the Washita Battlefield National Historic Site in the State
of Oklahoma (hereafter in this Act referred to as the ``national
historic site'').
(b) Boundary.--
(1) In general.--The national historic site shall consist
of--
(A) approximately 326 acres, as generally depicted
on the map entitled ``Washita Battlefield National
Historic Site'', numbered 20,000A and dated 12/95; and
(B) the private lands subject to conservation
easements referred to in section 5(b).
(2) Map.--The map referred to in paragraph (1) shall be on
file in the offices of the Director of the National Park
Service, Department of the Interior, and other appropriate
offices of the National Park Service. The Secretary of the
Interior (hereafter in this Act referred to as the
``Secretary'') may, from time to time, make minor revisions in
the boundary of the national historic site in accordance with
section 7(c) of the Land and Water Conservation Act of 1965 (16
U.S.C. 460l-4 and following).
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall manage the national historic site in
accordance with this Act and the provisions of law generally applicable
to units of the National Park System, including ``An Act to establish a
National Park Service, and for other purposes'', approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August 21, 1935
(49 Stat. 666; 16 U.S.C. 461-467).
(b) Management Purposes.--The Secretary shall manage the national
historic site for the following purposes, among others:
(1) To protect and preserve the national historic site,
including the topographic features important to the battle
site, artifacts and other physical remains of the battle, and
the visual scene as closely as possible as it was at the time
of the battle.
(2) To interpret the cultural and natural resources of the
historic site, providing for public understanding and
appreciation of the area in such manner as to perpetuate these
qualities and values for future generations.
(c) Consultation and Training.--The Secretary, acting through the
Director of the National Park Service, shall consult regularly with the
Cheyenne-Arapaho Tribe on the formulation of the management plan
provisions referred to in section 6(5) and on preparation of
educational programs provided to the public. The Secretary is
authorized to enter into cooperative agreements with the Cheyenne-
Arapaho Tribe, its subordinate boards, committees, enterprises, and
traditional leaders to further the purposes of this Act.
SEC. 5. ACQUISITION OF PROPERTY.
(a) Park Boundaries.--Within the boundaries of the national
historic site, the Secretary is authorized to acquire lands and
interest in lands by donation, purchase with donated or appropriated
funds, or exchange, except that--
(1) no lands or interest in lands within the historic site
may be acquired without the consent of the owner thereof, and
(2) lands and interests in lands owned by the State of
Oklahoma or any political subdivision thereof may be acquired
only by donation.
(b) Conservation Easements.--The Congress finds that the State of
Oklahoma, acting through the Oklahoma Historical Society, will work
with local land owners to acquire and hold in perpetuity conservation
easements in the vicinity of the national historic site as deemed
necessary for the visual and interpretive integrity of the site. The
intent of the easements will be to keep occupancy of the land in
private ownership and use of the land in general agriculture.
SEC. 6. MANAGEMENT PLAN.
Within five years after the date funds are made available for
purposes of this Act, the Secretary, acting through the Director of the
National Park Service, shall prepare a general management plan for the
national historic site. The plan shall address, but not be limited to,
each of the following:
(1) A resource protection program.
(2) A visitor use plan including programs and facilities
that will be provided for public use, including the location
and cost of public facilities.
(3) A research and curation plan.
(4) A highway signing program.
(5) Involvement by the Cheyenne-Arapaho Tribe in the
formulation of educational programs for the national historic
site.
(6) Involvement by the State of Oklahoma and other local
and national entities willing to share in the responsibilities
of developing and supporting the national historic site.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,000,000.
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Washita Battlefield National Historic Site Act of 1996 - Establishes the Washita Battlefield National Historic Site in Oklahoma to provide for the preservation and interpretation of the Battle of the Washita.
Directs the Secretary of the Interior, acting through the Director of the National Park Service, to consult, and authorizes cooperative agreements with, the Cheyenne-Arapaho Tribe in developing a management plan and public educational programs.
Authorizes appropriations.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergen Labeling and Consumer
Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is estimated that--
(A) approximately 2 percent of adults and about 5
percent of infants and young children in the United
States suffer from food allergies; and
(B) each year, roughly 30,000 individuals require
emergency room treatment and 150 individuals die
because of allergic reactions to food;
(2)(A) Eight major foods or food groups--milk, eggs, fish,
Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans--
account for 90 percent of food allergies;
(B) at present, there is no cure for food allergies; and
(C) a food allergic consumer must avoid the food to which
the consumer is allergic;
(3)(A) in a review of randomly selected manufacturers of
baked goods, ice cream, and candy in Minnesota and Wisconsin in
1999, the Food and Drug Administration found that 25 percent of
sampled foods failed to list peanuts or eggs as ingredients on
the food labels; and
(B) nationally, the number of recalls because of unlabeled
allergens rose to 121 in 2000 from about 35 a decade earlier;
(4) a recent study shows that many parents of children with
a food allergy were unable correctly to identify in each of
several food labels the ingredients derived from major food
allergens;
(5)(A) ingredients in foods must be listed by their
``common or usual name'';
(B) in some cases, the common or usual name of an
ingredient may be unfamiliar to consumers, and many consumers
may not realize the ingredient is derived from, or contains, a
major food allergen; and
(C) spices, flavorings, and certain colorings and
incidental additives are exempt from ingredient labeling
requirements that would allow consumers to avoid those to which
they are allergic; and
(6)(A) celiac disease is an immune-mediated disease that
causes damage to the gastrointestinal tract, central nervous
system, and other organs;
(B) the current recommended treatment is avoidance of
glutens in foods that are associated with celiac disease; and
(C) a multicenter, multiyear study estimated that the
prevalence of celiac disease in the United States is 0.5 to 1
percent of the general population.
SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC
SUBSTANCES.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(t)(1) If it is not a raw agricultural commodity and it is, or it
intentionally bears or contains, a major food allergen, unless either--
``(A) `Contains', which statement is followed by the name
of the food source as described in section 201(ll)(1) from
which the major food allergen is derived, follows immediately
after or is adjacent to (in a type size no smaller than the
type size used in the list of ingredients) the list of
ingredients required under subsections (g) and (i); or
``(B) the common or usual name of the major food allergen
in the list of ingredients required under sections (g) and (i)
is followed in parentheses by the name of the food source as
described in section 201(ll)(1) from which the major food
allergen is derived, except that the name of the food source is
not required when--
``(i) the common or usual name of the ingredient
uses the term used to describe a major food allergen in
section 201(ll)(1), or
``(ii) the name of the food source as described in
section 201(ll)(1) appears elsewhere in the ingredient
list; and
Provided all major food allergens are labeled in a consistent
manner either as specified in clause (A) or as specified in
clause (B).
``(2) The information required under this subsection may appear in
labeling in lieu of appearing on the label only if the Secretary finds
that such other labeling is sufficient to protect the public health. A
finding by the Secretary under this subparagraph is effective upon
publication in the Federal Register as a notice (including any change
in an earlier finding under this subparagraph).
``(3) Notwithstanding subsection (g), (i), or (k), or any other
law, a spice, flavoring, coloring, or incidental additive that is, or
that intentionally bears or contains, a major food allergen shall be
subject to the labeling requirements of this subsection.
``(4) The Secretary may by regulation modify the requirements of
subparagraph (A) or (B) of paragraph (1), or eliminate either the
requirement of subparagraph (A) or the requirement of subparagraph (B),
if the Secretary determines that the modification or elimination of the
requirement is necessary to protect the public health.
``(u) Notwithstanding subsection (g), (i), or (k), or any other
law, a spice, flavoring, coloring, or incidental additive that is, or
that intentionally bears or contains, a food allergen (other than a
major food allergen), as determined by the Secretary by regulation,
shall be disclosed in a manner specified by the Secretary by
regulation.''.
(b) Effect on Other Authority.--This section does not alter the
authority of the Secretary of Health and Human Services under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require
the labeling of other food allergens.
(c) Conforming Amendments.--
(1) Section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321) is amended by adding at the end the following:
``(ll) The term `major food allergen' means any of the following:
``(1) Milk, egg, fish (e.g. bass, flounder, or tuna),
Crustacean shellfish (e.g. crab, lobster, or shrimp), tree nuts
(e.g. almonds, pecans, or walnuts), wheat, peanuts, and
soybeans.
``(2) A proteinaceous substance derived from a food
specified in paragraph (1) (unless the Secretary determines
that the substance does not cause an allergic response that
poses a risk to human health).''.
(2) Section 403A(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking
``or 403(i)(2)'' and inserting ``403(i)(2), 403(t), or
403(u)''.
(d) Effective Date.--A food that is labeled on or after January 1,
2006, and that is, or that intentionally bears or contains, a major
food allergen (as defined in the amendment made by subsection (c))
shall be labeled in compliance with the requirements of the amendment
made by subsection (a).
SEC. 4. REPORT ON FOOD ALLERGENS.
Not later than June 30, 2004, the Secretary of Health and Human
Services shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that--
(1)(A) analyzes--
(i) the ways in which foods, during manufacturing
and processing, can be unintentionally contaminated
with major food allergens, including contamination
caused by the use by manufacturers of the same
production line to produce both products for which
major food allergens are intentional ingredients and
products for which major food allergens are not
intentional ingredients; and
(ii) the ways in which foods produced on dedicated
production lines might nonetheless become
unintentionally contaminated with major food allergens;
and
(B) estimates how common those practices are in the food
industry, with breakdowns by food type as appropriate;
(2) recommends good manufacturing practices or other
methods that can be used to reduce or eliminate cross-contact
of foods with the major food allergens;
(3) describes--
(A) the various types of advisory labeling (such as
use of the words ``may contain'') used by food
producers;
(B) the conditions of manufacture of food that are
associated with the various types of advisory labeling;
and
(C) the extent to which advisory labels are being
used on food products;
(4) determines how consumers with food allergies or the
caretakers of consumers would prefer information about the risk
of cross-contact be communicated on food labels by using
appropriate survey mechanisms; and
(5) identifies the circumstances, if any, under which
advisory labeling could appropriately be used.
SEC. 5. INSPECTIONS RELATING TO FOOD ALLERGENS.
(a) In General.--The Secretary of Health and Human Services shall
give priority to increasing the number of inspections under section 704
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of
facilities in which foods are manufactured, processed, packed, or
held--
(1) to ensure that the foods comply with practices to
reduce or eliminate cross-contact of a food with major food
allergen residues that are not intentional ingredients of the
food; and
(2) to ensure that major food allergens are properly
labeled on foods.
(b) Reports.--On October 1, 2003, and biennially thereafter, the
Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that--
(1) states the number of inspections conducted in the
previous 2 years and the numbers of facilities and food labels
that were found to be in compliance or out of compliance;
(2) describes the nature of the violations found;
(3) includes the number of voluntary recalls, and their
classifications, of foods with undeclared major food allergens;
(4) assesses the extent of use of advisory language found
and the appropriateness of that use; and
(5) assesses the extent to which the Secretary and the food
industry have effectively addressed cross-contact issues.
SEC. 6. LABELING OF GLUTENS AND CELIAC DISEASE.
(a) Contract With Institute of Medicine.--The Secretary of Health
and Human Services (in this section, the ``Secretary'') shall enter
into a contract with the Institute of Medicine for--
(1) the conduct of a review of the science relating to--
(A) the glutens in food that are associated with
celiac disease;
(B) the means of preventing and treating celiac
disease; and
(C) the methodologies for detecting such glutens in
foods; and
(2) the submission to the Secretary, the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, not later than 2 years after the date of
enactment of this Act, of a report concerning the review
conducted under paragraph (1).
(b) Requirements of Expertise.--The Institute of Medicine shall
conduct the review under subsection (a)(1) and make the report under
subsection (a)(2) in conjunction with experts in celiac disease,
including experts in the pathogenesis, epidemiology, and biochemistry
of celiac disease, the sensitivity to, and tolerance of, the glutens in
food that are associated with celiac disease, and the clinical aspects
of celiac disease, including prevention and treatment.
(c) Gluten Labeling.--Considering the review conducted under
paragraph (a)(1), the Secretary shall, not later than 4 years after the
date of enactment of this Act, issue a proposed rule to define, and
permit use of, the term ``gluten-free'' on the labeling of foods. Not
later than 6 years after the date of enactment of this Act, the
Secretary shall issue a final rule to define, and permit use of, the
term ``gluten-free'' on the labeling of foods.
(d) Report.--Not later than 2 years after submission to the
Secretary of the report under subsection (a)(2), the Secretary shall
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that assesses whether additional requirements
for the labeling of gluten are warranted and necessary to better inform
individuals with celiac disease, and if other labeling is warranted and
necessary, identifies the types of such labeling.
SEC. 7. DATA ON FOOD-RELATED ALLERGIC RESPONSES.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary''), in consultation with
consumers, providers, State governments, and other relevant parties,
shall complete a study for the purposes of--
(1) determining whether existing systems for the reporting,
collection and analysis of national data accurately capture
information on--
(A) the prevalence of food allergies;
(B) the incidence of clinically significant or
serious adverse events related to food allergies; and
(C) the use of different modes of treatment for and
prevention of allergic responses to foods; and
(2) identifying new or alternative systems or enhancements
to existing systems (including by educating physicians and
other health care providers), for the reporting collection and
analysis of national data on--
(A) the prevalence of food allergies;
(B) the incidence of clinically significant or
serious adverse events related to food allergies; and
(C) the use of different modes of treatment for and
prevention of allergic responses to foods.
(b) Improvement and Publication of Data.--On completion of, and
consistent with the findings of, the study conducted under subsection
(a), the Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in consultation with the
Commissioner of Foods and Drugs, shall improve the collection of, and
publish as it becomes available, national data on--
(1) the prevalence of food allergies;
(2) the incidence of clinically significant or serious
adverse events related to food allergies; and
(3) the use of different modes of treatment for and
prevention of allergic responses to foods.
(c) Report to Congress.--Not later than 30 months after the date of
the enactment of this Act, the Secretary shall submit to the Congress a
report on the progress made with respect to subsections (a) and (b).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary.
SEC. 8. FOOD ALLERGIES RESEARCH.
(a) In General.--The Secretary of Health and Human Services,
through the National Institutes of Health, shall convene a panel of
nationally recognized experts to review current basic and clinical
research efforts related to food allergies. The panel shall develop a
plan for expanding, intensifying, and coordinating research activities
concerning food allergies.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit a plan under subsection (a) to the Committee on Energy and
Commerce in the House of Representatives and the Committee on Health,
Education, Labor, and Pensions in the Senate.
SEC. 9. FOOD ALLERGENS IN THE FOOD CODE.
The Secretary of Health and Human Services shall, in the Conference
for Food Protection, as part of its cooperative activities between the
States under section 311 of the Public Health Service Act (42 U.S.C.
243), pursue revision of the Food Code to provide guidelines for
preparing allergen-free foods in food establishments, including in
restaurants, grocery store delicatessens and bakeries, and elementary
and secondary school cafeterias. The Secretary shall consider public
and private guidelines and recommendations for preparing allergen-free
foods in pursuing this revision.
SEC. 10. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC
RESPONSES.
The Secretary of Health and Human Services shall, in providing
technical assistance relating to trauma care and emergency medical
services to State and local agencies under section 1202(b)(3) of the
Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical
assistance relating to the use of different modes of treatment for and
prevention of allergic responses to foods.
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Food Allergen Labeling and Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to define " major food allergen" as any of the following: milk, eggs, fish, Crustacea, tree nuts, wheat, peanuts, and soybeans. Includes spices, flavorings, colorings, or incidental additives that are or intentionally contain a major food allergen. Requires food that is not a raw agricultural commodity, and that is, or intentionally bears or contains, a major food allergen, to state that information on its label by January 1, 2006.Directs the Secretary of Health and Human Services to give priority to increasing the number of inspections under the Act to ensure that foods comply with practices to reduce or eliminate cross-contact with major food allergen residues and to ensure that major food allergens are properly labeled on foods. Sets forth reporting requirements.Requires the Secretary to contract with the Institute of Medicine to conduct a review of the science relating to glutens in food and celiac disease, and to issue a report to the Secretary and Congress on its findings. Directs the Secretary to issue a proposed rule followed by a final rule to define, and permit use of, the term "gluten-free" on the labeling of foods.Directs the Secretary, in the Conference for Food Protection, as part of its cooperative activities between the States under the Public Health Service Act, to pursue certain revisions of the Food Code to provide guidelines for preparing allergen-free foods in food establishments.Requires the Secretary to include assistance relating to the use of different modes of treatment for and prevention of allergic responses to foods when he or she provides technical assistance relating to trauma care and emergency medical services under the Public Health Service Act.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trisomy 21 Research Centers of
Excellence Act of 2011''.
SEC. 2. NIH DOWN SYNDROME RESEARCH ACTIVITIES.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end of the title the following:
``SEC. 409K. DOWN SYNDROME RESEARCH ACTIVITIES.
``(a) Expansion, Intensification, and Coordination of Activities.--
``(1) In general.--The Director of NIH, acting through the
Director of the Eunice Kennedy Shriver National Institute of
Child Health and Human Development, shall expand and intensify
programs of the National Institutes of Health with respect to
research and related activities concerning Down syndrome. The
Director of NIH shall carry out such programs in coordination
with a working group composed of representatives of the
relevant institutes, centers, offices, and agencies of the
National Institutes of Health.
``(2) NIH research plan on down syndrome.--The Director of
NIH shall publish a research plan on Down syndrome, and update
it every 5 years or as appropriate.
``(b) Centers of Excellence.--
``(1) In general.--In carrying out subsection (a)(1), the
Director of NIH shall award grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding
translational research on Down syndrome. To the extent and in
the amount of appropriations made in advance, the Director of
NIH shall provide for the establishment of at least 6 such
centers of excellence.
``(2) Basic, translational, and clinical research.--Each
center receiving funds under paragraph (1) shall contribute to
a comprehensive research portfolio for Down syndrome building
upon the recommendations set forth in the NIH Research Plan on
Down Syndrome published on October 8, 2007, have a primary
focus on Down syndrome, provide an optimal venue and
infrastructure for patient-oriented research, and conduct
basic, clinical, and translational research on Down syndrome,
including research on one or more of the following:
``(A) Early detection, diagnosis, and treatment of
Down syndrome.
``(B) The biological mechanisms responsible for
structural and functional anomalies in cells and
tissues affected by Down syndrome.
``(C) The biological mechanisms responsible for
cognitive and behavioral dysfunction resulting from
Down syndrome.
``(D) Novel biomedical and pharmacological
interventions designed to promote or enhance cognition
and related brain functions and activities of daily
living (ADLs).
``(E) Co-occurrence of and treatments for
associated medical and neurobehavioral disorders.
``(F) Developmental disorders, interventions for
congenital heart disease, obstructive sleep apnea,
coronary heart disease, obesity, and metabolism.
``(G) Contributions of genetic variation to
clinical presentation as targets for therapy.
``(H) Identification of biomarkers for complex
phenotypes.
``(I) Noninvasive imaging in support of efforts
regarding other genotype and phenotypes of Down
syndrome.
``(J) Pharmacological and other therapies for
common features of Down syndrome including Alzheimer's
disease and other Down syndrome-related disorders.
``(K) Research related to improving the quality of
life for individuals with Down syndrome and their
families.
``(L) Research training programs aimed at
increasing the numbers of scientists who are trained to
carry out these research directions.
``(3) Services for patients.--
``(A) In general.--A center receiving funds under
paragraph (1) shall expend amounts provided under such
paragraph to carry out a program to make individuals
aware of opportunities to participate as subjects in
research conducted by the centers receiving funds under
such paragraph.
``(B) Referrals and costs.--A program under
subparagraph (A) shall, in accordance with such
criteria as the Director of NIH may establish, provide
to the subjects described in such subparagraph
referrals for health and other services and such
patient care costs as are required for research.
``(C) Availability and access.--In awarding grants
under this section, the Director of NIH shall require
the applicant to demonstrate, and shall take into
consideration, the availability of and access to health
and medical services described in subparagraph (B).
``(4) Training program for clinicians and scientists.--Each
center receiving funds under paragraph (1) shall establish or
expand training programs for medical and allied health
clinicians and scientists in research relevant to Down
syndrome.
``(5) Coordination of centers; reports.--The Director of
NIH shall--
``(A) provide for the coordination of information
sharing among the centers receiving funds under
paragraph (1) and ensure regular communication among
such centers; and
``(B) require the centers to submit periodic
reports to the Director on their activities.
``(6) Organization of centers.--Each center receiving funds
under paragraph (1) shall use the facilities of a single
institution meeting such requirements as may be prescribed by
the Director of NIH, be formed from a virtual consortium or
network of such institutions, or both.
``(7) Duration of support.--
``(A) In general.--Subject to subparagraph (B), the
Director of NIH may not provide support to a center
receiving funds under paragraph (1) for a period of
more than 5 years.
``(B) Extension.--The period referred to in
subparagraph (A) may be extended for 1 or more
additional periods not exceeding 5 years if--
``(i) the operations of the center have
been reviewed by an appropriate technical and
scientific peer review group established by the
Director of NIH; and
``(ii) such group has recommended to the
Director that such period be extended.
``(c) Down Syndrome Consortium.--In carrying out subsection (a)(1),
the Director of NIH may establish a Down Syndrome Consortium to
facilitate the exchange of information and to make the research effort
on Down syndrome more efficient and effective by assuring consistent
communication, minimizing duplication of effort, and integrating the
varied perspectives of partner agencies, organizations, and
individuals.
``(d) Report to Congress.--Not later than January 1, 2012, and each
January 1 thereafter, the Secretary of Health and Human Services shall
prepare and submit to the appropriate committees of the Congress a
report concerning the implementation of this section.
``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $6,000,000 for each of fiscal
years 2012 through 2017.''.
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Trisomy 21 Research Centers of Excellence of 2011- Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate.
Requires the Director of NIH to award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. Sets forth requirements for such centers, which shall include: (1) contributing to a comprehensive research portfolio for Down syndrome, (2) having a primary focus on Down syndrome, (3) providing an optimal venue and infrastructure for patient-oriented research, and (4) conducting basic, clinical, and translational research on Down syndrome in specified areas.
Authorizes the Director of NIH to establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective.
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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 ``Small Business
Export Growth Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVED COORDINATION OF EXPORT PROMOTION PROGRAMS
Sec. 101. Consolidation of duplicative export promotion activities;
information about trade missions and trade
fairs.
Sec. 102. Clarification of roles of members of Trade Promotion
Coordinating Committee.
Sec. 103. Representative of State agencies on Trade Promotion
Coordinating Committee.
Sec. 104. Reports to Congress with respect to activities of Trade
Promotion Coordinating Committee.
Sec. 105. Report on improvements to Export.gov as a single window for
export information.
Sec. 106. Report on developing a single window for information about
export control compliance.
TITLE II--FACILITATION OF EXPORT OPPORTUNITIES FOR SMALL BUSINESSES
Sec. 201. Definitions.
Sec. 202. Promotion of exporting.
Sec. 203. Small business export matchmaking pilot program.
Sec. 204. Export control education.
Sec. 205. Small business inter-agency task force on export financing.
Sec. 206. Availability of State resource guides on Export.gov.
TITLE I--IMPROVED COORDINATION OF EXPORT PROMOTION PROGRAMS
SEC. 101. CONSOLIDATION OF DUPLICATIVE EXPORT PROMOTION ACTIVITIES;
INFORMATION ABOUT TRADE MISSIONS AND TRADE FAIRS.
(a) In General.--Section 2312(b) of the Export Enhancement Act of
1988 (15 U.S.C. 4727(b)) is amended--
(1) in paragraph (4), by inserting ``, including by
identifying opportunities to consolidate or co-locate offices
of agencies involved in such activities'' after ``export
financing activities'';
(2) in paragraph (5)--
(A) by inserting ``, including the use and
coordination of electronic databases,'' after ``the
appropriate levels and allocation of resources''; and
(B) by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (6) as paragraph (7); and
(4) by inserting after paragraph (5) the following:
``(6) to the maximum extent practicable, provide a detailed
listing of current and future Federal and State-led trade
missions, trade fairs, and related activities to ensure better
delivery of services to United States businesses; and''.
(b) Availability of Information.--The Secretary of Commerce shall
make available the information on Federal and State-led trade missions,
trade fairs, and related activities described in paragraph (6) of
section 2312(b) of the Export Enhancement Act of 1988, as added by
subsection (a)(4) of this section, on the website Export.gov or a
successor website.
SEC. 102. CLARIFICATION OF ROLES OF MEMBERS OF TRADE PROMOTION
COORDINATING COMMITTEE.
Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(c)) is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (8), respectively;
(2) by inserting after paragraph (2) the following:
``(3) with respect to export promotion and export financing
activities of each department or agency that is a member of the
TPCC--
``(A) clearly identify and explain the role of the
department or agency; and
``(B) describe the goals and objectives of the
department or agency and explain the rationale for
measuring and reporting on those goals and
objectives;'';
(3) in paragraph (5) (as redesignated)--
(A) by inserting ``and Congress'' after ``the
President''; and
(B) by striking ``paragraph (3)'' and inserting
``paragraph (4)'';
(4) in paragraph (6) (as redesignated), by striking ``;
and'' and inserting a semicolon;
(5) by inserting after paragraph (6) (as redesignated) the
following:
``(7) include any recommendations of the Comptroller
General of the United States that relate to coordination of the
TPCC and departments and agencies that are members of the TPCC;
and''; and
(6) in paragraph (8) (as redesignated), by striking
``United States National Tourism Organization'' and inserting
``United States Travel Association''.
SEC. 103. REPRESENTATIVE OF STATE AGENCIES ON TRADE PROMOTION
COORDINATING COMMITTEE.
Section 2312(d) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Representative of state agencies.--In addition to the
members specified in paragraph (1), there shall be one member
of the TPCC that represents State agencies with responsibility
for export promotion and export financing.''.
SEC. 104. REPORTS TO CONGRESS WITH RESPECT TO ACTIVITIES OF TRADE
PROMOTION COORDINATING COMMITTEE.
Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(f)) is amended to read as follows:
``(f) Reports to Congress.--
``(1) Reports by tpcc.--The chairperson of the TPCC shall
prepare and submit to the appropriate congressional committees,
not later than March 30 of each year, a report that--
``(A) describes the strategic plan developed by the
TPCC pursuant to subsection (c), the implementation of
such plan, and any revisions thereto; and
``(B) describes the implementation of sections 303
and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and
5824) concerning funding for export promotion
activities and the interagency working groups on energy
of the TPCC.
``(2) Reports by inspector general of department of
commerce.--
``(A) In general.--The Inspector General of the
Department of Commerce shall prepare and submit to the
appropriate congressional committees, not later than
March 30 of each year, a report on the extent to
which--
``(i) the TPCC is successfully carrying out
the duties described in subsection (b); and
``(ii) the strategic plan described in
subsection (c) is being implemented
successfully.
``(B) Consultation.--In preparing the report
required under subparagraph (A), the Inspector General
of the Department of Commerce shall, to the maximum
extent practicable, consult with the inspector general
of each other Federal department or agency that is a
member of the TPCC.
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Appropriations, the
Committee on Commerce, Science, and Transportation, the
Committee on Finance, the Committee on Foreign
Relations, and the Committee on Small Business and
Entrepreneurship of the Senate; and
``(B) the Committee on Appropriations, the
Committee on Energy and Commerce, the Committee on
Financial Services, the Committee on Foreign Affairs,
the Committee on Small Business, and the Committee on
Ways and Means of the House of Representatives.''.
SEC. 105. REPORT ON IMPROVEMENTS TO EXPORT.GOV AS A SINGLE WINDOW FOR
EXPORT INFORMATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of International Trade of the Small
Business Administration shall, after consultation with the entities
specified in subsection (b), submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small Business
of the House of Representatives a report that includes the
recommendations of the Director for improving the experience provided
by the website Export.gov (or a successor website) as--
(1) a comprehensive resource for information about
exporting articles from the United States; and
(2) a single website for exporters to submit all
information required by the Federal Government with respect to
the exportation of articles from the United States.
(b) Entities Specified.--The entities specified in this subsection
are--
(1) small business concerns (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)) that are exporters; and
(2) the President's Export Council, State agencies with
responsibility for export promotion or export financing,
district export councils, and trade associations.
SEC. 106. REPORT ON DEVELOPING A SINGLE WINDOW FOR INFORMATION ABOUT
EXPORT CONTROL COMPLIANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Chief Counsel for Advocacy of the Small
Business Administration shall submit to the appropriate congressional
committees a report assessing the benefits of developing a website to
serve as--
(1) a comprehensive resource for complying with and
information about the export control laws and regulations of
the United States; and
(2) a single website for exporters to submit all
information required by the Federal Government with respect to
export controls.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Small Business and Entrepreneurship of the
Senate; and
(2) the Committee on Energy and Commerce and the Committee
on Small Business of the House of Representatives.
TITLE II--FACILITATION OF EXPORT OPPORTUNITIES FOR SMALL BUSINESSES
SEC. 201. DEFINITIONS.
In this title--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``region of the Administration'' has the
meaning given that term in section 3(u) of the Small Business
Act (15 U.S.C. 632(u)); and
(3) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 202. PROMOTION OF EXPORTING.
Section 22(c)(11) of the Small Business Act (15 U.S.C. 649(c)(11))
is amended by inserting ``, which shall include conducting not fewer
that 1 outreach event each fiscal year in each State that promotes
exporting as a business development opportunity for small business
concerns'' before the semicolon.
SEC. 203. SMALL BUSINESS EXPORT MATCHMAKING PILOT PROGRAM.
(a) Pilot Program Established.--The Administrator shall establish a
pilot program to conduct, in each region of the Administration,
matchmaking events that are designed to facilitate contact between
small business concerns and potential foreign buyers or international
clients.
(b) Program.--The Administrator--
(1) shall conduct at least 1 matchmaking event in each
region of the Administration each year; and
(2) may hold a matchmaking event in coordination with an
outreach event required under section 22(c)(11) of the Small
Business Act (15 U.S.C. 649(c)(11)), as amended by section 202
of this Act.
(c) Sunset.--The authority of the Administrator under this section
shall terminate on September 30, 2015.
SEC. 204. EXPORT CONTROL EDUCATION.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Export Control Education.--The Associate Administrator shall
ensure that all programs of the Administration to support exporting by
small business concerns place a priority on educating small business
concerns about Federal export control regulations.''.
SEC. 205. SMALL BUSINESS INTER-AGENCY TASK FORCE ON EXPORT FINANCING.
The Administrator, the Secretary of Agriculture, the Export-Import
Bank of the United States, and the Overseas Private Investment
Corporation shall jointly establish a Small Business Inter-Agency Task
Force on Export Financing to--
(1) review and improve Federal export finance programs for
small business concerns; and
(2) coordinate the activities of the Federal Government to
assist small business concerns seeking to export.
SEC. 206. AVAILABILITY OF STATE RESOURCE GUIDES ON EXPORT.GOV.
The Secretary of Commerce shall make available on the website
Export.gov (or a successor website) information on the resources
relating to export promotion and export financing available in each
State--
(1) organized by State; and
(2) including information on State agencies with
responsibility for export promotion or export financing and
district export councils and trade associations located in the
State.
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Small Business Export Growth Act of 2012 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC).
Requires the TPCC to: (1) identify opportunities to consolidate or co-locate offices of federal agencies involved in export promotion and export financing activities; (2) assess the use and coordination of electronic databases among federal agencies in support of such activities; and (3) provide a detailed listing of current and future federal and state-led trade missions, trade fairs, and related activities to ensure better delivery of services to U.S. businesses.
Requires the Secretary of Commerce to make available information on federal and state-led trade missions, trade fairs, and related activities on the Export.gov website.
Requires the governmentwide strategic plan for federal trade promotion efforts to: (1) clearly identify and explain the role, goals, and objectives of each TPCC member agency with respect its export promotion and export financing activities; (2) include any recommendations of the Comptroller General relating to coordination of the TPCC and member agencies; and (3) reflect the recommendations of the U.S. Travel Association (currently, U.S. National Tourism Organization) to the degree considered appropriate by the TPCC.
Revises membership of the TPCC to include one member that represents state agencies with responsibility for export promotion and export financing.
Requires the Inspector General of the Department of Commerce to report annually to Congress on the extent to which the TPCC is successfully carrying out its duties.
Requires certain reports to Congress: (1) on recommendations for improving access about export information (including state resources) on the Export.gov website, and (2) for developing a single website for complying with and disseminating information about U.S. export control laws and regulations.
Amends the Small Business Act to require that the nationwide marketing effort of the Associate Administrator of the Office of International Trade of the Small Business Administration (SBA), in promoting sales opportunities for the export of small business goods and services, to conduct at least one outreach event each fiscal year in each state.
Directs the SBA Administrator to establish a small business export matchmaking pilot program designed to facilitate contact between U.S. small businesses and potential foreign buyers or international clients.
Directs the SBA Administrator, the Secretary of Agriculture, the U.S. Export-Import Bank, and the Overseas Private Investment Corporation (OPIC) to jointly establish a Small Business Inter-Agency Task Force on Export Financing.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opportunity-to-Learn Standards
Implementation Act''.
SEC. 2. GOALS 2000: EDUCATE AMERICA ACT.
(a) References.--Except as otherwise expressly provided, whenever
in this section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a title, chapter, part, subpart, section,
subsection, or other provision, the reference shall be considered to be
made to a title, chapter, part, subpart, section, subsection, or other
provision of the Goals 2000: Educate America Act (20 U.S.C. 5801 et
seq.).
(b) Opportunity-To-Learn Development Grant.--The Act is amended--
(1) by redesignating parts B and C as parts C and D,
respectively; and
(2) by inserting after part A the following:
``PART B--OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT
``SEC. 211. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.
``(a) Opportunity-To-Learn Development Grants.--
``(1) In general.--The Secretary is authorized to award
more than one grant, on a competitive basis, to consortia of
individuals and organizations to develop voluntary national
opportunity-to-learn standards, and to develop a listing of
model programs for use, on a voluntary basis, by States, which
standards and listing may be used to--
``(A) provide all students with an opportunity to
learn;
``(B) assess the capacity and performance of
individual schools; and
``(C) develop appropriate actions to be taken in
the event that the schools fail to achieve such
standards.
``(2) Composition of consortia.--To the extent possible,
each consortium shall include the participation of--
``(A) State-level policymakers, such as Governors,
State legislators, chief State school officers, and
State school board members;
``(B) local policymakers and administrators, such
as local school board members, superintendents, and
principals;
``(C) teachers (especially teachers involved in the
development of content standards) and related services
personnel;
``(D) parents and individuals with experience in
promoting parental involvement in education;
``(E) representatives of business;
``(F) experts in vocational-technical education;
``(G) representatives of regional accrediting
associations;
``(H) individuals with expertise in school finance
and equity, the education of at-risk students, and the
preparation and training of teachers and school
administrators;
``(I) curriculum and school reform experts;
``(J) representatives of advocacy groups, including
student and civil rights advocacy groups;
``(K) representatives of higher education; and
``(L) secondary school students.
``(3) Duties of consortia.--In developing voluntary
national opportunity-to-learn standards, each consortium
shall--
``(A) draw upon current research about student
achievement and the necessary conditions for effective
teaching and learning; and
``(B) provide for the development of more than one
draft of standards which incorporate the comments and
recommendations of educators and other knowledgeable
individuals across the Nation.
``(4) Expertise or background.--One-third of the members of
each consortium shall consist of individuals with expertise or
background in the educational needs and assessment of children
who are from low-income families, are from minority
backgrounds, have limited-English proficiency, or have
disabilities.
``(5) Geographic representation.--The membership of each
consortium shall be geographically representative and reflect
the racial, ethnic, and gender diversity of the United States.
``(b) Applications.--Each consortium that desires to receive a
grant under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such information
and assurances as the Secretary may require.
``(c) Report.--After the development of the voluntary national
opportunity-to-learn standards, each consortium receiving assistance
under this section shall submit a report to the Secretary which
discusses the background, important issues, and rationale regarding
such standards.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 1998 and such sums as may be
necessary for each of the fiscal years 1999 through 2002, to carry out
this section.''.
(c) Definitions.--Section 3(a) of the Act is amended--
(1) by redesignating paragraphs (7) through (13) as
paragraphs (8) through (14), respectively;
(2) by inserting after paragraph (6) the following:
``(7) the term `opportunity-to-learn standards' means the
criteria for, and the basis of, assessing the sufficiency or
quality of the resources, practices, and conditions necessary
at each level of the education system (schools, local
educational agencies, and States) to provide all students with
an opportunity to learn the material in voluntary national
content standards or State content standards.''.
(d) National Education Goals Panel.--Section 202(j) of the Act is
amended by striking ``or student performances'' and inserting ``,
student performance, or opportunity-to-learn''.
(e) Duties of the Goals Panel.--Section 203 of the Act is amended
by striking paragraph (2) and inserting the following:
``(2) report on State opportunity-to-learn standards and
strategies and the progress of States that are implementing
such standards and strategies to help all students meet State
content standards and State student performance standards.''.
(f) Powers of the Goals Panel.--Section 204(a)(2) of the Act is
amended by inserting ``voluntary national opportunity-to-learn
standards,'' before ``and State assessments.''.
(g) State Improvement Plans.--Section 306 of the Act is amended--
(1) by inserting after subsection (c) the following:
``(d) Opportunity-To-Learn Standards and Strategies.--
``(1) In general.--Each State improvement plan shall
establish standards or strategies for providing all students
with an opportunity to learn. Such standards or strategies
shall include such factors as the State deems appropriate to
ensure that all students receive a fair opportunity to achieve
the knowledge and skills as described in State content
standards and State student performance standards adopted by
the State.
``(2) Implementation.--Notwithstanding any other provision
of this Act, the implementation of opportunity-to-learn
standards or strategies shall be voluntary on the part of the
States, local educational agencies, and schools.
``(3) Construction.--Nothing in this section shall be
construed to--
``(A) mandate equalized spending per pupil for a
State, local educational agency, or school; or
``(B) mandate national school building standards
for a State, local educational agency, or school.'';
and
(2) in subsection (e), by inserting ``State opportunity-to-
learn standards or strategies,'' before ``and State
assessments.''.
(h) State Uses of Funds.--Section 308(b)(2)(A) of the Act is
amended by inserting ``State opportunity-to-learn standards,'' before
``and State assessments''.
(i) Assistance to Outlying Areas and Secretary of Interior.--
Section 315(b) of the Act is amended--
(1) in paragraph (1)(C) by inserting ``, including the
requirements for timetables for opportunity-to-learn
standards,'' after ``improvement plans'';
(2) by amending paragraph (2) to read as follows:
``(2) Plan specifics.--The reform and improvement plan
shall include, in addition to the requirements described above,
specific provisions for--
``(A) opportunity-to-learn standards pertaining to
residential programs and transportation costs
associated with programs located on or near
reservations or serving students in off-reservation
residential boarding schools;
``(B) review and incorporation of the National
Education Goals and the voluntary national content
standards, voluntary national student performance
standards, and voluntary national opportunity-to-learn
standards, provided that such review shall include the
issues of cultural and language differences; and''.
(3) in subsection (c)(1)(A) by inserting ``and to provide a
framework for the implementation of opportunity-to-learn
standards or strategies'' before the period.
(j) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Education shall promulgate
regulations or guidelines regarding the implementation of opportunity-
to-learn standards.
SEC. 3. ELEMENTARY AND SECONDARY EDUCATION.
The amendments made to the Elementary and Secondary Education Act
of 1965 paragraphs (1) through (4) of section 702(b) of Public Law 104-
134, shall be restored or revised as if such provision in Public Law
104-134 had not been enacted.
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Opportunity-to-Learn Standards Implementation Act - Amends the Goals 2000: Educate America Act and the Elementary and Secondary Education Act of 1965 to restore provisions relating to opportunity-to-learn standards, including authority for the Secretary of Labor to make opportunity-to-learn development grants. Authorizes appropriations.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relocation Empowerment and Placement
Assistance for Iraqi Refugees Act of 2007'' or the ``REPAIR Act of
2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has relied on Iraqi nationals who
have risked their lives and worked diligently side by side with
United States and coalition forces.
(2) The United States is grateful to these individuals for
the risks they took in assisting the United States and
coalition forces.
(3) Many of these Iraqi nationals desire to come to the
United States to seek protection from threats they face at home
because of the work they did for the United States.
(4) Special immigrant status is available in limited
numbers to Iraqi nationals who have worked directly for the
United States Armed Forces as translators.
(5) Special immigrant status allows translators and their
immediate families to gain admission to the United States,
apply for permanent residency, and eventually acquire United
States citizenship.
(6) Special immigrant status is not available, however, to
those individuals who otherwise assisted United States efforts
but who were not translators, including cooks, drivers, guides,
security personnel, and mechanics.
(7) Currently, an individual who applies for special
immigrant status for service as a translator is required to
file form I-360 with the Nebraska Service Center (NSC) of
United States Citizenship and Immigration Services for
adjudication at a United States diplomatic or consular post
outside of Iraq. The filing fee for the I-360 form is $375.
(8) Iraqis are being forced to leave Iraq and travel
through potentially hostile territory to obtain special
immigrant status and visas.
(9) To apply for special immigrant status, an applicant
must provide a copy of the applicant's passport or birth
certificate showing the applicant is a national of Iraq,
provide proof from the United States Armed Forces or United
States Chief of Mission in Iraq that the applicant worked as a
translator for the Armed Forces at least 12 months, pass a
background check and screening by the Armed Forces or the Chief
of Mission, provide a letter of recommendation from the Chief
of Mission, a general, or a flag officer, and provide a copy of
the front and back of the applicant's Arrival Departure Record
(Form I-94) if the applicant applies in the United States for
such status.
SEC. 3. STATEMENTS OF POLICY.
The following shall be the policies of the United States:
(1) To waive any filing or administrative fees in
connection with applications for special immigrant status for
those brave and committed Iraqi nationals who have risked their
lives to assist the United States Armed Forces as translators.
(2) To allow Iraqis to apply for special immigrant status
and visas in Iraq at the United States Embassy in Baghdad and
at the United States Consulate in Irbil.
(3) To allow Iraqis working in any capacity with the Armed
Forces to apply for special immigrant status and visas for
admission to the United States in the same manner that Iraqi
translators currently can.
(4) To broaden domestic relocation assistance to Iraqis to
include housing credits, cultural counseling, meetings with
social workers, and advice on how to work with schools and
employment systems.
SEC. 4. PROVISIONS RELATING TO SPECIAL IMMIGRANT STATUS FOR IRAQI
ALLIES OF THE UNITED STATES.
(a) Waiver of Fees; Provision of Documentation.--Notwithstanding
any other provision of law or any regulation, an alien described in
subsection (b) of section 1059 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note), as
amended by this section, shall not be charged any filing,
administrative, or application fee in connection with an application
for, or issuance of, special immigrant status and visa under such
section. The Secretary of State shall ensure that aliens described in
such subsection who are provided special immigrant status are provided
with the appropriate documentation to enter the United States.
(b) Other Service Acceptable.--Section 1059(b)(1)(B) of the
National Defense Authorization Act for Fiscal Year 2006 is amended--
(1) by inserting ``or with a United States contractor,''
before ``as a translator''; and
(2) by inserting after ``interpreter'' the following: ``or
in any other capacity''.
(c) Additional Military Officers Entitled To Recommend Nationals of
Iraq or Afghanistan for Special Immigrant Status.--Section
1059(b)(1)(C) of the National Defense Authorization Act for Fiscal Year
2006 is amended by striking ``a general or flag officer'' and inserting
``an officer serving in or having the grade of O-6 or higher''.
(d) Processing for Certain Iraqis.--Notwithstanding any other
provision of law, the Secretary of State shall make every effort to
ensure that aliens applying for special immigrant status and visas, and
aliens applying for refugee status and visas, may apply and interview
for admission to the United States as special immigrants or as
refugees, as the case may be, within Iraq in Baghdad and in Irbil
through in-country processing mechanisms, including mailing
applications to off-site locations.
(e) Waiver of Numerical Limitations.--Notwithstanding any other
provision of law, including subsection (c) of section 1059 of the
National Defense Authorization Act for Fiscal Year 2006, aliens
provided special immigrant status and visas under such section shall
not be counted against any numerical limitation under sections 201(d),
202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1151(d), 1152(a), and 1153(b)(4)).
SEC. 5. PROGRAM AT THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly establish and operate a program to offer employment
to relocated Iraqi special immigrants as translators, interpreters, and
cultural awareness instructors within the agencies of Federal
Government.
(b) Funding.--The program established under subsection (a) shall be
funded from the annual general operating budget of the Department of
Defense.
(c) Rule of Construction Regarding Access to Classified
Information.--Nothing in this section may be construed as affecting in
any manner practices and procedures regarding the handling of or access
to classified information.
(d) Information Sharing.--The Secretary of Defense and the
Secretary of State shall work with nongovernmental organizations to
ensure that Iraqi special immigrants are informed of the program
established under subsection (a).
(e) Report.--
(1) In general.--Not later than one year after the date
determined under subsection (a), the Secretary of Defense and
the Secretary of State shall submit to the appropriate
congressional committees a report on the status of the program
established under such subsection and the number of full-time
employees of the Federal Government created under such program.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) In the House of Representatives:
(i) The Committee on Foreign Affairs.
(ii) The Committee on Homeland Security.
(iii) The Committee on the Judiciary.
(iv) The Committee on Appropriations.
(B) In the Senate:
(i) The Committee on Foreign Relations.
(ii) The Committee on Homeland Security and
Governmental Affairs.
(iii) The Committee on the Judiciary.
(iv) The Committee on Appropriations.
SEC. 6. SERVICES UPON ARRIVAL.
(a) In General.--Aliens provided special immigrant status and visas
pursuant to section 4 shall be eligible for the same resettlement
assistance, programs, and benefits as refugees admitted under section
207 of the Immigration and Naturalization Act (8 U.S.C. 1157). The
Secretary of of Health and Human Services, in cooperation with the
Secretary of State, shall work with nongovernmental organizations to
provide such assistance, programs, and benefits and ensure that such
aliens are referred to refugee resettlement agencies.
(b) Computer Literacy and Vocational Training.--The Secretary of
State shall utilize existing programs of the Department of State and
contracts between the Department and nongovernmental organizations to
make available computer literacy programs and vocational training
programs to aliens provided special immigrant status pursuant to
section 4.
(c) Rule of Construction.--Nothing in this section shall be
construed as requiring the cooperation of nongovernmental
organizations.
SEC. 7. TRAINING AT THE DEPARTMENT OF STATE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall establish a program in the Department
of State to provide instruction in English as a second language,
vocational training, computer training, employment services, and
certain counseling services for Iraqis admitted to the United States as
special immigrants.
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that the United States should provide
an orientation into life in the United States for Iraqi special
immigrants under this Act who are newly admitted to the United States
and should make all reasonable efforts to provide temporary safe haven
for aliens described in section 4 who are applying for special
immigrant status and visas if such aliens are in imminent danger in
Iraq.
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Relocation Empowerment and Placement Assistance for Iraqi Refugees Act of 2007 or REPAIR Act of 2007 - Waives visa and related fees relating to special immigrant status for Afghan or Iraqi nationals who worked with the U.S. Chief of Mission or the U.S. Armed Forces as interpreters or translators.
Waives numerical limitations with respect to such special immigrants.
Expands such category to include persons who: (1) performed such services with a U.S. contractor; or (2) performed other services.
Makes additional U.S. military officers eligible to recommend such nationals for special immigrant status.
Directs the Secretary of State (Secretary) to make every effort to ensure that aliens applying for special immigrant status and visas, and aliens applying for refugee status and visas, may apply and interview within Iraq in Baghdad and Irbil through in-country processing mechanisms.
Directs the Secretary and the Secretary of Defense to jointly establish a program to offer federal employment to relocated Iraqi special immigrants as translators, interpreters, and cultural awareness instructors.
States that such special immigrants shall be eligible for the same resettlement assistance as refugees.
Directs the Secretary to provide such special immigrants with computer literacy and vocational training, English language training, and employment and counseling services.
Expresses the sense Congress that the United States should provide an orientation into life in the United States for Iraqi special immigrants and should make all reasonable efforts to provide temporary safe haven for alien applicants who are in imminent danger in Iraq.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Environmental
Research Act of 2014''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish an integrated and
comprehensive ocean, coastal, Great Lakes, and atmospheric research and
environmental information sharing program to support renewable energy.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary for Oceans and Atmosphere in the Under
Secretary's capacity as Administrator of the National Oceanic
and Atmospheric Administration.
(3) Renewable energy.--The term ``renewable energy'' means
any form of renewable energy, including traditional hydropower,
terrestrial renewable energy, and renewable energy derived from
the sea, such as wave energy, tidal energy, ocean current
energy, offshore wind energy, salinity gradient energy, ocean
thermal gradient energy, and ocean thermal energy conversion.
SEC. 4. RENEWABLE ENERGY RESEARCH PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Administrator shall develop a plan--
(1) to define requirements for a comprehensive and
integrated ocean, coastal, Great Lakes, and atmosphere science
program to support renewable energy development in the United
States based on a review of scientific and industry
information;
(2) to identify and describe current climate, weather, and
water data programs, products, services, and authorities within
the Administration relevant to renewable energy development;
(3) to provide targeted research, data, monitoring,
observation, and other information, products, and services
concerning climate, weather, and water in support of renewable
energy and ``smart grid'' technology, including research to
accurately quantify the downstream micro-climate impacts of
wind-power turbines;
(4) to reduce duplication and leverage the resources of
existing Administration programs through coordination with--
(A) other offices and programs within the
Administration, including the atmospheric, ocean, and
coastal observation systems;
(B) Federal, State, tribal, and local observation
systems; and
(C) other entities, including the private sector
organizations and institutions of higher education;
(5) to facilitate public-private cooperation, including
identification and assessment of current private sector
capabilities; and
(6) to inform and educate the public and the private sector
about the progress and findings of the renewable research and
development carried out pursuant to the plan.
(b) Public Hearings.--In developing the plan, the Administrator
shall provide public notice and opportunity for 1 or more public
hearings and shall seek comments from Federal and State agencies,
tribes, local governments, representatives of the private sector, and
other parties interested in renewable energy observations, data, and
use in order to improve Administration climate, weather, and water
observation data products and services to more effectively support
renewable energy development.
SEC. 5. ESTABLISHMENT OF RESEARCH, PREDICTION, AND ENVIRONMENTAL
INFORMATION PROGRAM.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Administrator shall establish a program to
develop and implement an integrated and comprehensive ocean, coastal,
Great Lakes, and atmosphere research and operations program, based on
the plan required by section 4, to support renewable energy development
in the United States.
(b) Program Components.--At a minimum, the program required by
subsection (a) shall include the following:
(1) Improvements in coordinated climate, weather, water
research, biological and technological research monitoring, and
observations to support renewable energy siting and
development.
(2) Coordinated weather, water, and climate prediction
capability focused on renewable energy and ``smart grid''
technology to provide information and decision services in
support of renewable energy development.
(3) Support for the transition to, and reliable delivery
of, sustained operational weather, water, and climate products
from research, observation, and prediction outputs.
(4) Means of identifying biological and ecological effects
of marine renewable energy development on living marine
resources, the marine and coastal environment, marine-dependent
industries, and coastal communities.
(5) Baseline ecological characterization, including
research, data collection, and mapping, of the coastal and
marine environment and living marine resources for marine
renewable energy development.
(6) Avoidance, minimization, and mitigation strategies to
address the potential impacts of renewable energy on the
marine, coastal, and Great Lakes habitats resources and
communities, including developing effective monitoring
protocols, use of adaptive management, informed engineering
design and operating parameters, and the establishment of
protocols for minimizing the environmental impacts of testing,
developing, and deploying marine renewable energy devices.
(7) Support for the development of marine special area
management plans by states as defined by the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.) that would
support renewable energy development consistent with natural
resource protection and other coastal-dependent economic
growth.
(8) Coordination of comprehensive digital mapping,
modeling, and other geospatial information and services to
support planning for renewable energy and stewardship of
ecosystem and living marine ecosystems, including protected
species, in ocean, Great Lakes, and coastal areas.
(9) A coordinated approach for examining and quantifying
the micro-climate impacts of wind-power farms on soil
transpiration and drying.
(10) Provision for outreach to the public and private
sector about program research, information, and products,
including making non-proprietary information and best
management practices developed under this program available to
the public.
(c) Use in Agency Decisions.--The program established under
subsection (a) shall be designed to collect, synthesize, and distribute
data in a manner that can be used by resource managers responsible for
making decisions about renewable energy projects. The Army Corps of
Engineers, Department of Commerce, Bureau of Ocean Energy Management,
Federal Energy Regulatory Commission, and Department of Energy shall
consider this information when making planning, siting, and permitting
decisions for renewable energy.
(d) Support for Public-Private Cooperation.--To the extent
practicable, in implementing the program established under this
section, the Administrator shall seek appropriate opportunities to
facilitate and expand cooperation with private sector entities to
develop and expand information services that serve the renewable energy
industry.
SEC. 6. BIENNIAL REPORTS.
(a) In General.--Not later than 2 years after the date on which the
Administrator establishes the program under section 5(a) and not less
frequently than once every 2 years thereafter, the Administrator shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources and the Committee on
Science and Technology of the House of Representatives a report on
progress made in implementing this Act.
(b) Contents.--Each report submitted under subsection (a) shall
include the following:
(1) A description of activities carried out under this Act.
(2) Recommendations for prioritization of activities under
this Act for fiscal years beginning after the date on which the
report is submitted.
(3) Funding levels for activities under this Act in those
fiscal years.
SEC. 7. LIBRARY.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Administrator, in consultation with relevant
Federal agencies, shall establish and maintain a renewable energy
information library and data portal to function as a common, cross
agency repository of data pertinent to renewable energy development.
(b) Elements.--The library required by subsection (a) shall
include, at a minimum, the following:
(1) Links to data and information products for use in
renewable energy development.
(2) Links to planning and decision support tools for use in
renewable energy development.
(3) Data about the baseline condition of ocean and coastal
resources.
(4) Links to digital mapping and geospatial information,
products, and services described in section 4(b).
SEC. 8. FEDERAL COORDINATION.
The Secretary of the Interior, the Secretary of Energy, the
Secretary of Transportation, the Secretary of Defense, the Federal
Energy Regulatory Commission, the Department in which the Coast Guard
is operating, and the heads of other relevant Federal agencies shall
cooperate with the Administrator in carrying out this Act.
SEC. 9. AGREEMENTS.
The Administrator may enter into and perform such contracts,
leases, grants, cooperative agreements, or other agreements and
transactions with any agency or instrumentality of the United States,
or with any State, local, tribal, territorial or foreign government, or
with any person, corporation, firm, partnership, educational
institution, nonprofit organization, or international organization as
may be necessary to carry out the purposes of this Act.
SEC. 10. AUTHORITY TO RECEIVE FUNDS.
The Administrator may accept, retain, and use funds received from
any party pursuant to an agreement entered into under section 9 for
activities furthering the purposes of this Act.
SEC. 11. USE OF OCEAN OBSERVING OFFSHORE INFRASTRUCTURE.
(a) In General.--Any offshore exploration and production facility,
at the discretion of the Administrator, may execute a memorandum of
understanding authorizing the use of offshore platforms and
infrastructure for the placement of meteorological and oceanographic
observation sensors of a type to be designated by the Administrator in
support of the Integrated Ocean Observing System.
(b) Availability of Information.--All information collected by such
sensors shall be managed by Administration and be readily available for
use in spill and other hazard response as well as available to the
National Weather Service, other Administration programs, and the
general public.
SEC. 12. SAVINGS PROVISION.
Nothing in this Act shall be construed to supersede or modify the
jurisdiction, responsibilities, or authority of any Federal or State
agency under any provision of law in effect on the date of the
enactment of this Act.
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Renewable Energy Environmental Research Act of 2014 - Requires the National Oceanic and Atmospheric Administration (NOAA), within three years, to: (1) develop a plan for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development and smart grid technology; and (2) establish the program that is based on the plan and designed to collect, synthesize, and distribute data in a manner that can be used by resource managers responsible for making decisions about renewable energy projects. Requires the Army Corps of Engineers, Department of Commerce, Bureau of Ocean Energy Management, Minerals Management Service, Federal Energy Regulatory Commission (FERC), and Department of Energy (DOE) to consider this information when making planning, siting, and permitting decisions about renewable energy. Requires NOAA to establish within three years a renewable energy information library and data portal to function as a cross-agency repository of data pertinent to renewable energy development. Gives NOAA the discretion to allow any offshore exploration and production facility to execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by NOAA in support of the Integrated Ocean Observing System. Requires information collected by the sensors to be readily available for use in hazard response as well as available to the National Weather Service, other NOAA programs, and the general public.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazardous Waste Facilities Public
Accountability Act of 1996''.
SEC. 2. FACILITY SITING STANDARDS.
Section 3004(o)(7) of the Solid Waste Disposal Act (42 U.S.C.
6924(o)(7)) is amended to read as follows:
``(7)(A) The Administrator shall not authorize a State program
unless, within 12 months after the date of the enactment of the
Hazardous Waste Facilities Public Accountability Act of 1996, the State
promulgates standards for the acceptable location of new treatment,
storage, and disposal facilities, and the expansion of treatment,
storage, and disposal facilities, as may be necessary to protect human
health and the environment. The standards shall include requirements
related to adverse geologic settings such as flood plains and seismic
impact zones; unstable terrain such as karst terrain; ecological
resources such as wetlands and wildlife habitat; proximity to
residences, schools, hospitals, churches and synagogues; complex
hydrogeology; and vulnerable significant ground water resources. If a
State does not promulgate such siting standards sufficient to protect
human health and the environment, the Administrator shall promulgate
such standards with respect to the State.
``(B) For purposes of this paragraph, the term `complex
hydrogeology' means an area where 1 or more of the following activities
cannot be performed fully and adequately:
``(i) Sufficient ground water characterization to determine
ground water and surface water flow and ascertain upgradient
and downgradient directions.
``(ii) The installation of a ground water monitoring
network which will detect releases into ground water from a
monitored unit at the earliest opportunity.
``(iii) Characterization of the nature and extent of
potential releases from a monitored unit.
``(iv) Determination of what corrective actions are
appropriate in response to a release, and conducting the
corrective actions that may be required.''.
SEC. 3. PERMIT FEES.
Section 3006 of the Solid Waste Disposal Act (42 U.S.C. 6926) is
amended by adding at the end the following:
``(i) State Program Support.--(1) Within 12 months after the date
of the enactment of this subsection, the Administrator shall promulgate
regulations requiring that the owner or operator of any facility
required to obtain an operating or post-closure permit under this
subtitle pay an annual fee, or the equivalent over some other period,
sufficient to cover all reasonable (direct and indirect) costs required
to develop and administer the permit program requirements of this
title, including the reasonable costs of each of the following:
``(A) Reviewing and acting upon any application for such a
permit.
``(B) Implementing and enforcing the terms and conditions
of any such permit, including corrective action terms and
conditions (but not including any court costs associated with
any enforcement action).
``(C) Waste sampling, analyses, demonstrations, and
environmental monitoring.
``(D) Preparing generally applicable regulations or
guidance.
``(E) Implementing and enforcing interim status
requirements, including corrective action orders (but not
including any court costs associated with any enforcement
action).
``(2) The Administrator shall not authorize a State program under
this section, or allow a State program to retain authorization under
this section, unless the State demonstrates that it will collect, in
the aggregate, a dollar amount that the Administrator determines, after
notice and opportunity for public comment, adequately reflects the
reasonable costs of the permit program.
``(3) At least every 2 years the Administrator shall review each
authorized State program to determine whether the program is in
compliance with this subsection. The Administrator shall publish such
determination in the Federal Register, after notice and opportunity for
public comment.
``(4) If the Administrator determines, pursuant to paragraph (2),
that the fee provisions of a State program do not meet the requirements
of this subsection, or if the Administrator determines that the State
is not adequately administering or enforcing an approved program, the
Administrator may, in addition to taking any other action authorized
under this subtitle, collect reasonable fees from the owner or operator
of the facilities identified in paragraph (1). The fees shall be
designed solely to cover the Administrator's costs of administering the
provisions of the permit program promulgated by the Administrator.
``(5) In addition to any penalties that may be imposed under other
law, any owner or operator that fails to pay fees imposed by the
Administrator under paragraph (4), within a reasonable time to be
determined by the Administrator, shall pay a penalty of 50 percent of
the fee amount to the Administrator, plus interest on the fee amount
computed in accordance with section 6621(a)(2) of the Internal Revenue
Code of 1986 (relating to computation of interest on underpayment of
Federal taxes).
``(6) To carry out activities of the Administrator for which fees
are collected under this subsection, an amount equal to the total
amount of any fees, penalties, and interest collected by the
Administrator during any fiscal year under this subsection is
authorized to be appropriated to the Administrator. Any amounts
appropriated pursuant to this paragraph are authorized to remain
available until expended.
``(7) In imposing fees on facilities under this subsection, the
Administrator may take into account the size and complexity of the
facilities, and other relevant factors.''.
SEC. 4. QUALIFICATIONS OF PERMITTEES.
Section 3005 of the Solid Waste Disposal Act (42 U.S.C. 6925) is
amended by adding at the end the following:
``(k) Qualifications of Permittees.--A person may not obtain a
permit for any facility under this title or renew any such permit,
obtain authorization to expand the facility, or transfer ownership of
the facility to any other person, unless the person demonstrates the
following with respect to the person, any firm engaged to operate the
facility, the parent firm of the person and any firm engaged to operate
the facility, and any firms controlled by the parent firm or the
operating firm of the person:
``(1) Each such entity is in compliance with Federal and
State environmental and public health statutes and regulations.
``(2) Each such entity has paid all outstanding fines or
penalties imposed on the entity for violations of such statutes
and regulations.
``(3) Each such entity has made available a disclosure
statement to the public at the site, and at local public
libraries in the jurisdiction where the facility would be sited
if a permit were obtained. The disclosure statement shall
include the following items of formation with respect to the
entity:
``(A) A list of each conviction for fraud or any
criminal offense during the immediately preceding 10
years in connection with obtaining or attempting to
obtain a contract.
``(B) A list of each conviction for a violation of
a State or Federal antitrust law during the immediately
preceding 10 years, including convictions relating to
unlawful price-fixing, allocation of customers among
competitors, and bid-rigging.
``(C) A list of each citation during the
immediately preceding 5 years for a permit violation
under a Federal, State, or local environmental statute.
``(D) A list of each citation during the
immediately preceding 5 years for failure to conduct
proper cleanup, reclamation, or closure of a site or
forfeiture of a bond for such a failure.''.
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Hazardous Waste Facilities Public Accountability Act of 1996 - Amends the Solid Waste Disposal Act to: (1) prohibit the Administrator of the Environmental Protection Agency from authorizing a State hazardous waste program unless the State promulgates standards for the acceptable location of new (or expansion of existing) treatment, storage, and disposal facilities as may be necessary to protect human health and the environment, including standards related to seismic and geological features, ecological resources, proximity to residences and certain public facilities, complex hydrogeology, and groundwater resources; and (2) require the Administrator to promulgate such standards with respect to the State if the State does not do so.
Directs the Administrator to promulgate regulations setting requirements for the payment of permit fees by owners and operators of hazardous waste facilities sufficient to cover reasonable costs of administering the permit program. Prohibits authorization of a State program unless the State demonstrates that it will collect such amounts. Requires regular review of programs for compliance with these requirements and allows the Administrator to collect fees directly from owners and operators in the event the State does not adequately do so. Imposes penalties for fee nonpayment.
Prohibits a person from obtaining or renewing a permit for a facility or expanding or transferring the facility unless the person makes certain demonstrations regarding environmental and public health law compliance, payment of outstanding fines or penalties, and the availability to the public of a disclosure statement concerning previous violations of law.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Milk Regulatory Equity Act of
2005''.
SEC. 2. MILK REGULATORY EQUITY.
(a) Minimum Milk Prices for Handlers; Exemption.--Section 8c(5) of
the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937, is
amended by adding at the end the following new subparagraphs:
``(M) Minimum Milk Prices for Handlers.--
``(i) Application of minimum price requirements.--
Notwithstanding any other provision of this section, a milk
handler described in clause (ii) shall be subject to all of the
minimum and uniform price requirements of a Federal milk
marketing order issued pursuant to this section applicable to
the county in which the plant of the handler is located, at
Federal order class prices, if the handler has packaged fluid
milk product route dispositions, or sales of packaged fluid
milk products to other plants, in a marketing area located in a
State that requires handlers to pay minimum prices for raw milk
purchases.
``(ii) Covered milk handlers.--Except as provided in clause
(iv), clause (i) applies to a handler of Class I milk products
(including a producer-handler or producer operating as a
handler) that--
``(I) operates a plant that is located within the
boundaries of a Federal order milk marketing area (as
those boundaries are in effect as of the date of the
enactment of this subparagraph);
``(II) has packaged fluid milk product route
dispositions, or sales of packaged fluid milk products
to other plants, in a milk marketing area located in a
State that requires handlers to pay minimum prices for
raw milk purchases; and
``(III) is not otherwise obligated by a Federal
milk marketing order, or a regulated milk pricing plan
operated by a State, to pay minimum class prices for
the raw milk that is used for such dispositions or
sales.
``(iii) Obligation to pay minimum class prices.--For
purposes of clause (ii)(III), the Secretary may not consider a
handler of Class I milk products to be obligated by a Federal
milk marketing order to pay minimum class prices for raw milk
unless the handler operates the plant as a fully regulated
fluid milk distributing plant under a Federal milk marketing
order.
``(iv) Certain handlers exempted.--Clause (i) does not
apply to--
``(I) a handler (otherwise described in clause
(ii)) that operates a nonpool plant (as defined in
section 1000.8(e) of title 7, Code of Federal
Regulations, as in effect on the date of the enactment
of this subparagraph);
``(II) a producer-handler (otherwise described in
clause (ii)) for any month during which the producer-
handler has route dispositions, and sales to other
plants, of packaged fluid milk products equaling less
than 3,000,000 pounds of milk; or
``(III) a handler (otherwise described in clause
(ii)) for any month during which--
``(aa) less than 25 percent of the total
quantity of fluid milk products physically
received at the plant of the handler (excluding
concentrated milk received from another plant
by agreement for other than Class I use) is
disposed of as route disposition or is
transferred in the form of packaged fluid milk
products to other plants; or
``(bb) less than 25 percent in aggregate of
the route disposition or transfers are in a
marketing area or areas located in one or more
States that require handlers to pay minimum
prices for raw milk purchases.
``(N) Exemption for Certain Milk Handlers.--Notwithstanding any
other provision of this section, no handler with distribution of Class
I milk products in the marketing area described in Order No. 131 shall
be exempt during any month from any minimum price requirement
established by the Secretary under this subsection if the total
distribution of Class I products during the preceding month of any such
handler's own farm production exceeds 3,000,000 pounds.''.
(b) Exclusion of Nevada From Federal Milk Marketing Orders.--
Section 8c(11) of the Agriculture Adjustment Act (7 U.S.C. 608c(11)),
reenacted with amendments by the Agriculture Marketing Agreement Act of
1937, is amended--
(1) in subparagraph (C), by striking the last sentence; and
(2) by adding at the end the following new subparagraph:
``(D) In the case of milk and its products, no county or other
political subdivision of the State of Nevada shall be within the
marketing area definition of any order issued under this section.''.
(c) Records and Facility Requirements.--Notwithstanding any other
provision of this section, or the amendments made by this section, a
milk handler (including a producer-handler or a producer operating as a
handler) that is subject to regulation under this section or an
amendment made by this section shall comply with the requirements of
section 1000.27 of title 7, Code of Federal Regulations, or a successor
regulation, relating to handler responsibility for records or
facilities.
(d) Effective Date and Implementation.--The amendments made by this
section take effect on the first day of the first month beginning more
than 15 days after the date of the enactment of this Act. To accomplish
the expedited implementation of these amendments, effective on the date
of the enactment of this Act, the Secretary of Agriculture shall
include in the pool distributing plant provisions of each Federal milk
marketing order issued under subparagraph (B) of section 8c(5) of the
Agriculture Adjustment Act (7 U.S.C. 608c(5)), reenacted with
amendments by the Agriculture Marketing Agreement Act of 1937, a
provision that a handler described in subparagraph (M) of such section,
as added by subsection (a) of this section, will be fully regulated by
the order in which the handler's distributing plant is located. These
amendments shall not be subject to a referendum under section 8c(19) of
such Act (7 U.S.C. 608c(19)).
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Milk Regulatory Equity Act of 2005 - Amends the the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to subject specified Class I milk handlers (including producer-handlers) to federal milk marketing order minimum and uniform price requirements applicable to the county in which the plant of the handler is located, at federal order class prices, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a state that requires handlers to pay minimum prices for raw milk purchases.
Exempts from such provision: (1) a handler operating a nonpool plant; (2) a producer-handler for any month during which packaged fluid milk route dispositions and sales to other plants are less than three million pounds of milk; or (3) specified handlers whose fluid milk products are disposed of as route dispositions or transfers, or whose dispositions or transfers are in states requiring minimum prices for raw milk purchases.
Subjects a Class I milk handler in the Arizona-Las Vegas marketing area (Order 131) to minimum milk price requirements for any month in which the handler distributes in such area at least three million pounds of Class I products from his or her own production.
Excludes Nevada from federal milk marketing orders.
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Provide a summary of the following text: Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Service Center Act of 1994''.
SEC. 2. DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF
SERVICES TO NEEDY FAMILIES WITH CHILDREN.
(a) In General.--In order to coordinate the administration of
programs that provide services to needy families with children, the
Secretary of Health and Human Services (in this section referred to as
``the Secretary'') may authorize States to conduct demonstration
projects in accordance with this section.
(b) Description of Project.--Each State desiring to conduct a
demonstration project under this section may submit to the Secretary an
application that contains a description of the measures to be employed
to coordinate the administration of the following programs:
(1) AFDC program.--The program of aid and services for
needy families with children under the State plan approved
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.).
(2) Child support enforcement program.--The child support
enforcement program carried out under the State plan approved
under part D of title IV of the Social Security Act.
(3) Food stamp program.--The food stamp program, as defined
in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C.
2012(h)).
(4) WIC program.--The special supplemental food program for
women, infants, and children authorized under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786).
(5) Maternal and child health block grant program.--The
maternal and child health block grant program under title V of
the Social Security Act.
(6) Medicaid program.--Medical assistance furnished under
the State plan approved under title XIX of the Social Security
Act.
(7) Substance abuse treatment programs.--Substance abuse
treatment programs under title V of the Public Health Service
Act and subpart II of part B of title XIX of such Act.
(8) Jobs programs.--Programs under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.) and other Federal job
training programs.
(9) Mental health programs.--Mental health service programs
under title V of the Public Health Service Act and subpart I of
part B of title XIX of such Act.
(10) Housing programs.--Programs for housing assistance
administered by the Secretary of Housing and Urban Development
or the Secretary of Agriculture.
(11) Programs for the developmentally disabled.--Programs
for developmentally disabled individuals under the
Developmental Disabilities Assistance and Bill of Rights Act.
(12) Other programs.--Any other program administered by the
State, which offers services for children, youth, or needy
families with children, that the State considers appropriate to
include in the demonstration project.
(c) Projects Aimed at a Diversity of Clients.--The Secretary shall
ensure that, as a group, the demonstration projects authorized to be
conducted under this section serve urban, rural, and linguistically and
culturally diverse clients and include the broadest possible range of
services.
(d) Project Requirements.--Each State authorized to conduct a
demonstration project under this section shall--
(1) ensure that the project provides--
(A) each client with a single place and
organization providing access to, and information and
counseling about, the services offered by the programs
described in subsection (b);
(B) access points in clients' neighborhoods for
communication with service providers regarding their
applications and benefits through electronic data
processing and communications technology; and
(C) approaches to integrating the administration of
services that are linguistically and culturally
appropriate to the clientele of the project; and
(2) conduct the project in accordance with such other
requirements as the Secretary may prescribe.
(e) Grants; Duration of Projects.--
(1) In general.--The Secretary shall make grants to each
State whose application to conduct a demonstration project
under this subsection is approved by the Secretary, to assist
the State in carrying out the project for a period of not more
than 3 years.
(2) Renewal.--The Secretary may extend for not more than 3
additional years the authority to conduct any demonstration
project under this section, upon approval by the Secretary
based on the effectiveness of the project in achieving the
objectives of this section.
(3) Timing of grant payments.--The Secretary may pay grants
under this section in advance or in installments, as the
Secretary determines appropriate.
(f) State Evaluation of Project.--
(1) In general.--Each State that conducts a demonstration
project under this section shall, as a part of the project--
(A) conduct an evaluation of the effectiveness and
outcomes of the project in improving the coordination
and delivery, and in reducing the administrative costs,
of services to needy families with children; and
(B) cooperate with the Secretary in the conduct of
national evaluations of the effectiveness and cost
savings of all such demonstration projects.
(2) Report.--
(A) In general.--Each State authorized to conduct a
demonstration project under this section shall submit
to the Secretary a report on the results of the
evaluation described in paragraph (1).
(B) Timing.--The report required by subparagraph
(A) with respect to a demonstration project shall be
submitted within 6 months after the earlier of--
(i) the completion of the project; or
(ii) the end of the 3-year period that
begins with the commencement of the project.
(g) State Report on Impediments to Delivery of Services, and on
Measures Taken To Eliminate or Reduce Such Impediments.--Each State
authorized to conduct a demonstration project under this section shall
submit to the Secretary at such time as the Secretary may prescribe a
report that describes--
(1) the administrative policies and laws of the Federal
Government and of the State or of a political subdivision of
the State, that the State has identified as impediments to the
coordination of the delivery of services to needy families with
children; and
(2) the measures that the State has taken or intends to
take to eliminate or reduce the impediments described in
paragraph (1) that are attributable to administrative policies
and laws of the State or of a political subdivision of the
State.
(h) Federal Evaluations.--
(1) In general.--The Secretary shall conduct evaluations of
the implementation and outcomes of the demonstration projects
authorized under this section.
(2) Annual reports.--Not later than 3 years after the date
of the enactment of this section, and annually thereafter, the
Secretary shall submit to the Congress a report the results of
the evaluations conducted under paragraph (1) that includes the
recommendations of the Secretary as to any statutory changes
that would improve integration of services provided through
programs included in the demonstration projects conducted under
this section.
(3) Funding.--The Secretary may reserve up to 5 percent of
the amounts appropriated for grants under this section for the
purpose of conducting and reporting on evaluations of the
demonstration projects authorized under this section.
(i) No Waiver Authority.--This section shall not be construed to
authorize the Secretary or appropriate agency head to waive or modify
any requirement of any program described in subsection (b).
(j) State Defined.--As used in this section, the term ``State''
includes the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, Guam, American Samoa, and the Trust
Territory of the Pacific Islands.
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Family Service Center Act of 1994 - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) Aid to Families With Dependent Children (AFDC); (2) child support enforcement; (3) the food stamp program; (4) the Special Supplemental Food Program for Women, Infants, and Children (WIC); (5) the maternal and child health block grant program; (6) Medicaid; (7) substance abuse treatment programs; (8) JOBS programs under the Job Training Partnership Act; (9) mental health programs; (10) housing programs; (11) programs for the developmentally disabled; and (12) other State programs offering services for children, youth, or needy families with children.
Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements.
Requires the Secretary to make three-year grants (renewable for another three years) to States to carry out such a project.
Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children; and (2) measures the State has taken or intends to take to eliminate or reduce such impediments.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better On-line Ticket Sales Act of
2016'' or the ``BOTS Act''.
SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO USE OF
TICKET ACCESS CIRCUMVENTION SOFTWARE.
(a) Sale of Software.--It shall be unlawful for any person to sell
or offer to sell, in commerce, any computer software, or part thereof,
that--
(1) is primarily designed or produced for the purpose of
circumventing a technological measure that limits purchases
made via a computerized event ticketing system;
(2) has only limited commercially significant purpose or
use other than to circumvent a technological measure that
limits purchases made via a computerized event ticketing
system; or
(3) is marketed by that person for use in circumventing a
technological measure that limits purchases made via a
computerized event ticketing system.
(b) Use of Software.--It shall be unlawful for any person to use
any computer software, or part thereof, described in subsection (a) of
this section, to purchase an event ticket via a computerized event
ticketing system in violation of the system operator's posted limits on
the sequence or number of transactions, frequency of transactions, or
quantity of tickets purchased by a single user of the system, or on the
geographic location of any transactions.
(c) Resale of Tickets.--It shall be unlawful for any person to
engage in the practice of reselling in commerce, event tickets acquired
in violation of subsection (b) of this section if the person either--
(1) participated directly in or had the ability to control
the conduct in violation of subsection (b); or
(2) knew or should have known that the event tickets were
acquired in violation of subsection (b).
(d) Definitions.--As used in this section--
(1) the term ``computerized event ticketing system'' means
a system of selling event tickets, in commerce, via an online
interactive computer system that effectively limits the
sequence or number of ticket purchase transactions, frequency
of ticket purchase transactions, quantity of tickets purchased,
or geographic location of any ticket purchase transactions;
(2) the term ``event ticket'' means a ticket entitling one
or more individuals to attend, in person, one or more events to
occur on specific dates, times, and geographic locations; and
(3) to ``circumvent a technological measure'' means to
avoid, bypass, remove, deactivate, or impair a technological
measure, without the authority of the computerized event
ticketing system operator.
(e) Rule of Construction.--Notwithstanding the prohibitions set
forth in subsections (a) and (b), it shall not be unlawful under this
section to create or use any computer software, or part thereof, to--
(1) investigate or further the enforcement or defense of
any alleged violation of this section; or
(2) engage in research necessary to identify and analyze
flaws and vulnerabilities of a computerized event ticketing
system, if these research activities are conducted to advance
the state of knowledge in the field of computer system security
or to assist in the development of computer security products.
(f) Enforcement by the Federal Trade Commission.--A violation of
subsection (a), (b), or (c) shall be treated as an unfair and deceptive
act or practice in violation of a regulation issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(g) Enforcement by States.--
(1) Authorization.--Subject to paragraph (2), in any case
in which the attorney general of a State has reason to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by a violation of subsection
(a), (b), or (c), the attorney general of the State may, as
parens patriae, bring a civil action on behalf of the residents
of the State in an appropriate district court of the United
States to obtain appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to ftc.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action against a person
for a violation of subsection (a), (b), or (c).
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by the ftc.--The Federal Trade
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening, be heard on all
matters arising in the civil action, and file
petitions for appeal of a decision in the civil
action.
(3) Pending action by the federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(a), (b), or (c), the attorney general of a State may not,
during the pendency of such action, bring a civil action under
paragraph (1) against any defendant named in the complaint of
the Commission for the violation with respect to which the
Commission instituted such action.
Passed the House of Representatives September 12, 2016.
Attest:
KAREN L. HAAS,
Clerk.
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(This measure has not been amended since it was reported to the House on September 9, 2016. Better On-line Ticket Sales Act of 2016 or the BOTS Act (Sec. 2) This bill prohibits the sale of computer software that: (1) is primarily designed to circumvent technology that limits purchases made via an online ticket selling system, (2) has only a limited commercially significant purpose other than for such circumvention, or (3) is marketed to use for such circumvention. The bill also prohibits the use of such circumvention software in violation of a system operator's posted limits on: (1) the quantity of tickets purchased by a single user; (2) the sequence, number, or frequency of transactions; or (3) the geographic location of transactions. In addition, the bill makes it unlawful to resell in commerce tickets that were acquired through such a prohibited use of circumvention software if the reseller participated in, had the ability to control, or should have known about the violation. It shall not be unlawful, however, to create or use software to: (1) investigate or further the enforcement or defense of any alleged violation of this bill, or (2) identify and analyze flaws and vulnerabilities of a computerized event ticketing system if these activities are conducted to advance the state of knowledge in the field of computer system security or to assist in the development of computer security products. Violations shall be treated as unfair and deceptive acts or practices under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general may enforce against violations.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplifying Access to Student Loan
Information Act of 2015''.
SEC. 2. AMENDMENT TO THE TRUTH IN LENDING ACT.
(a) In General.--Section 128(e) of the Truth in Lending Act (15
U.S.C. 1638(e)) is amended by adding at the end the following:
``(12) National student loan data system.--
``(A) In general.--Each private educational lender
shall--
``(i) submit to the Secretary of Education
for inclusion in the National Student Loan Data
System established under section 485B of the
Higher Education Act of 1965 (20 U.S.C. 1092b)
information regarding each private education
loan made by such lender that will allow for
the electronic exchange of data between
borrowers of private education loans and the
System; and
``(ii) in carrying out clause (i), ensure
the privacy of private education loan
borrowers.
``(B) Information to be submitted.--The information
regarding private education loans required under
subparagraph (A) to be included in the National Student
Loan Data System shall include the following if
determined appropriate by the Secretary of Education:
``(i) The total amount and type of each
such loan made, including outstanding interest
and outstanding principal on such loan.
``(ii) The interest rate of each such loan
made.
``(iii) Information regarding the borrower
that the Secretary of Education determines is
necessary to ensure the electronic exchange of
data between borrowers of private education
loans and the System.
``(iv) Information, including contact
information, regarding the lender that owns the
loan.
``(v) Information, including contact
information, regarding the servicer that is
handling the loan.
``(vi) Information concerning the date of
any default on the loan and the collection of
the loan, including any information concerning
the repayment status of any defaulted loan.
``(vii) Information regarding any deferment
or forbearance granted on the loan.
``(viii) The date of the completion of
repayment by the borrower of the loan.
``(ix) Any other information determined by
the Secretary of Education to be necessary for
the operation of the National Student Loan Data
System.
``(C) Update.--Each private educational lender
shall update the information regarding private
education loans required under subparagraph (A) to be
included in the National Student Loan Data System on
the same schedule as information is updated under the
System under section 485B of the Higher Education Act
of 1965 (20 U.S.C. 1092b).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to private education loans that were made for the 2011-2012
academic year or later.
SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.
Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b)
is amended by adding at the end the following:
``(i) Private Education Loans.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Simplifying Access to Student Loan Information
Act of 2015, the National Student Loan Data System established
pursuant to subsection (a) shall contain the information
required to be included under section 128(e)(12) of the Truth
in Lending Act (15 U.S.C. 1638(e)(12)).
``(2) Cosigner.--Notwithstanding any other provision of
law, the Secretary shall ensure that any cosigner of a private
education loan for which information is included in the
National Student Loan Data System--
``(A) is able to access the information in such
System with respect to such private education loan in a
separate account for such cosigner; and
``(B) does not have access to any information in
such System with respect to any loan for which the
cosigner has not cosigned.
``(3) Privacy.--The Secretary shall ensure that a private
educational lender--
``(A) has access to the National Student Loan Data
System only to submit information for such System
regarding the private education loans of such lender;
and
``(B) may not see information in the System
regarding the loans of any other lender.
``(j) Repayment Options.--Not later than 1 year after the date of
enactment of the Simplifying Access to Student Loan Information Act of
2015, the Secretary shall establish a functionality within the National
Student Loan Data System established pursuant to subsection (a) that
enables a student borrower of a loan made, insured, or guaranteed under
this title to input information necessary for the estimation of
repayment amounts under the various repayment plans available to the
borrower of such loan to compare such repayment plans.''.
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Simplifying Access to Student Loan Information Act of 2015 Amends the Truth in Lending Act to require private educational lenders to submit to the Secretary of Education information regarding each private education loan they make. Requires that such information: (1) be placed in the National Student Loan Data System (System), and (2) allow for the electronic exchange of data between the borrowers of those loans and the System. (The System currently contains information regarding loans made, insured, or guaranteed under the Federal Family Education Loan program and loans made under the William D. Ford Federal Direct Loan and Federal Perkins Loan programs.) Requires the private education loan information to include, if determined appropriate by the Secretary: the total amount and type of each loan; the interest rate on each loan; information regarding the borrower that the Secretary deems necessary to ensure the electronic exchange of data between the borrower and the System; contact information regarding the lender and servicer of each loan; information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan; and the date the borrower completes repayment. Requires private educational lenders to ensure the privacy of borrowers and update the loan information they submit to the System on the same schedule as information is updated under the System. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary to ensure that: (1) a cosigner of a private education loan for which information is included in the System has access only to that information, and (2) a private educational lender has access to the System only to submit information regarding the lender's loans. Directs the Secretary to establish a functionality within the System that enables student borrowers of loans made, insured, or guaranteed under title IV to input the information necessary to compare the repayment plans available to them under that title.
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billsum_train
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bosnia Force Realignment Act''.
SEC. 2. FINDINGS.
(a) The Congress finds the following:
(1) United States Armed Forces in the Republic of Bosnia
and Herzegovina have accomplished the military mission assigned
to them as a component of the Implementation and Stabilization
Forces.
(2) The continuing and open-ended commitment of U.S. ground
forces in the Republic of Bosnia and Herzegovina is subject to
the oversight authority of the Congress.
(3) Congress may limit the use of appropriated funds to
create the conditions for an orderly and honorable withdrawal
of U.S. troops from the Republic of Bosnia and Herzegovina.
(4) On November 27, 1995, the President affirmed that
United States participation in the multinational military
Implementation Force in the Republic of Bosnia and Herzegovina
would terminate in about one year.
(5) The President declared the expiration date of the
mandate for the Implementation Force to be December 20, 1996.
(6) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff expressed confidence that the Implementation
Force would complete its mission in about one year.
(7) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff expressed the critical importance of
establishing a firm deadline, in the absence of which there is
a potential for expansion of the mission of U.S. forces.
(8) On October 3, 1996, the Chairman of the Joint Chiefs of
Staff announced the intention of the United States
Administration to delay the removal of United States Armed
Forces personnel from the Republic of Bosnia and Herzegovina
until March 1997.
(9) In November 1996 the President announced his intention
to further extend the deployment of United States Armed Forces
in the Republic of Bosnia and Herzegovina until June 1998.
(10) The President did not request authorization by the
Congress of a policy that would result in the further
deployment of United States Armed Forces in the Republic of
Bosnia and Herzegovina until June 1998.
(11) Notwithstanding the passage of two previously
established deadlines, the reaffirmation of those deadlines by
senior national security officials, and the endorsement by
those same national security officials of the importance of
having a deadline as a hedge against an expanded mission, the
President announced on December 17, 1997 that establishing a
deadline had been a mistake and that U.S. ground combat forces
were committed to the NATO-led mission in Bosnia for the
indefinite future.
(12) NATO military forces have increased their
participation in law enforcement, particularly police
activities.
(13) U.S. Commanders of NATO have stated on several
occasions that, in accordance with the Dayton Peace Accords,
the principal responsibility for such law enforcement and
police activities lies with the Bosnian parties themselves.
SEC. 3. LIMITATIONS ON THE USE OF FUNDS.
(a) Funds appropriated or otherwise made available for the
Department of Defense for any fiscal year may not be obligated for the
ground elements of the United States Armed Forces in the Republic of
Bosnia and Herzegovina except as conditioned below.
(1) The President shall continue the ongoing withdrawal of
American forces from the NATO Stabilization Force in the
Republic of Bosnia and Herzegovina such that U.S. ground forces
in that force or the planned multi-national successor force
shall not exceed:
(A) 6900, by June 30, 1998;
(B) 5000, by February 2, 1999;
(C) 3500, by June 30, 1999, and;
(D) 2500, by February 2, 2000.
(b) Exceptions.--The limitation in subsection (a) shall not apply--
(1) to the extent necessary for U.S. ground forces to
protect themselves as the drawdowns outlined in sub-paragraph
(a)(1) proceeds;
(2) to the extent necessary to support a limited number of
United States military personnel sufficient only to protect
United States diplomatic facilities in existence on the date of
the enactment of this Act; or
(3) to the extent necessary to support non-combat military
personnel sufficient only to advise the commanders North
Atlantic Treaty Organization peacekeeping operations in the
Republic of Bosnia and Herzegovina; and
(4) to U.S. ground forces that may be deployed as part of
NATO containment operations in regions surrounding the Republic
of Bosnia and Herzegovina.
(c) Construction of Section.--Nothing in this section shall be
deemed to restrict the authority of the President under the
Constitution to protect the lives of United States citizens.
(d) Limitation on Support for Law Enforcement Activities in
Bosnia.--None of the funds appropriated or otherwise made available to
the Department of Defense for any fiscal year may be obligated or
expended after the date of the enactment of this Act for the--
(1) conduct of, or direct support for, law enforcement and
police activities in the Republic of Bosnia and Herzegovina,
except for the training of law enforcement personnel or to
prevent imminent loss of life;
(2) conduct of, or support for, any activity in the
Republic of Bosnia and Herzegovina that may have the effect of
jeopardizing the primary mission of the NATO-led force in
preventing armed conflict between the Federation of Bosnia and
Herzegovina and the Republika Srpska (``Bosnian Entities'');
(3) transfer of refugees within the Republic of Bosnia and
Herzegovina that, in the opinion of the commander of NATO
Forces involved in such transfer--
(A) has as one of its purposes the acquisition of
control by a Bosnian Entity of territory allocated to
the other Bosnian Entity under the Dayton Peace
Agreement; or
(B) may expose United States Armed Forces to
substantial risk to their personal safety; and
(4) implementation of any decision to change the legal
status of any territory within the Republic of Bosnia and
Herzegovina unless expressly agreed to by all signatories to
the Dayton Peace Agreement.
SEC. 4. PRESIDENTIAL REPORT.
(a) Not later than December 1, 1998, the President shall submit to
Congress a report on the progress towards meeting the drawdown limit
established in section 2(a).
(b) The report under paragraph (a) shall include an identification
of the specific steps taken by the United States Government to transfer
the United States portion of the peacekeeping mission in the Republic
of Bosnia and Herzegovina to European allied nations or organizations.
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Bosnia Force Realignment Act - Prohibits the obligation of Department of Defense (DOD) funds for the ground elements of U.S. armed forces in the Republic of Bosnia and Herzegovina, except to the extent necessary: (1) for U.S. ground forces to protect themselves during withdrawals; (2) to support a limited number of U.S. military personnel sufficient to protect U.S. diplomatic facilities; (3) to support non-combat military personnel sufficient to advise the commanders North Atlantic Treaty Organization (NATO) peacekeeping operations in the Republic; and (4) for the deployment of U.S. ground forces as part of NATO containment operations surrounding such countries. Directs the President to continue the planned withdrawal of American forces from the NATO Stabilization Force such that U.S. ground forces in that force or the planned multi-national successor force does not exceed specified levels for years 1998 through 2000.
Prohibits the use of DOD funds for: (1) the conduct of law enforcement and police activities in the Republic, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) the conduct of any activity that may jeopardize the mission of the NATO-led force in preventing armed conflict between the Federation of Bosnia and Herzegovina and the Republika Srpska (Bosnian Entities); (3) any transfer of refugees within the Republic that has as one of its purposes the acquisition of control by a Bosnian Entity of territory allocated to the other Bosnian Entity under the Dayton Peace Agreement, or that may expose U.S. armed forces to substantial risk to their personal safety; and (4) implementation of any decision to change the legal status of territory within the Republic unless expressly agreed to by all signatories to the Agreement.
Directs the President to report to the Congress on progress made toward meeting the established troop drawdown limits.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Nuclear Power Safety and
Security Enhancement Act of 1993''.
SEC. 2. NOTIFICATION REQUIREMENTS.
Section 206 of the Energy Reorganization Act of 1974 (42 U.S.C.
5846) is amended to read as follows:
``noncompliance
``Sec. 206. (a) Any person constructing, owning, operating, or
supplying a component of any facility or activity which is licensed or
otherwise regulated by the Commission pursuant to the Atomic Energy Act
of 1954 (including any facility leased by the United States Enrichment
Corporation), or pursuant to this Act, who obtains information
reasonably indicating that such facility or activity or basic component
supplied to such facility or activity--
``(1) contains a defect; or
``(2) fails to comply with the Atomic Energy Act of 1954 or
any applicable rule, regulation, order, or license of the
Commission;
shall immediately notify the Commission of such defect or failure to
comply if such defect or failure to comply could create a substantial
safety hazard as defined by the regulations promulgated by the
Commission, unless such person has actual knowledge that the Commission
has been informed in writing of such defect or failure to comply.
``(b) The Commission may issue such regulations and orders as it
deems necessary to ensure compliance with this section, including
regulations and orders requiring any person subject to this section to
devise and implement procedures to identify, evaluate, and report
defects and failures to comply subject to the notification requirements
of subsection (a).
``(c)(1) Except as provided in paragraph (2), any person who fails
to provide a notification required by subsection (a), or who violates
any regulation or order issued under subsection (b), shall be subject
to a civil penalty in the same manner and amount as provided for
violations subject to a civil penalty under section 234 of the Atomic
Energy Act of 1954 (42 U.S.C. 2282).
``(2) An individual who is subject to the requirements of this
section solely because of employment by a person subject to those
requirements shall only be assessed a civil penalty for failure to
provide notice pursuant to subsection (a) if such individual has actual
knowledge of the reporting requirement imposed by subsection (a) and of
a defect as provided in subsection (a)(1) or of a failure of compliance
as provided in subsection (a)(2).
``(d) The requirements of this section shall be preeminently posted
on the business premises of any person who is required to notify the
Commission of a defect or failure to comply under subsection (a).
``(e) The Commission may conduct such reasonable inspections,
investigations, and other enforcement activities as it deems necessary
to ensure compliance with the provisions of this section and with any
regulations and orders issued thereunder.
``(f) For purposes of this section, the term `person' has the same
meaning as in section 11 s. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(s)), except that--
``(1) it also includes the Department of Energy with
respect to facilities of the Department regulated by the
Commission and with respect to any item provided by the
Department as a component to a licensee; and
``(2) it does not include an individual unless he or she
is--
``(A) a sole proprietor or partner of a business
that constructs, owns, operates, or supplies a
component covered by subsection (a) of this section; or
``(B) a director or responsible officer employed by
a person subject to that subsection.
``(g) This section shall apply to the United States Enrichment
Corporation and facilities leased by the Corporation, and to its
directors and officers, to the same extent as any other person subject
to this section.''.
SEC. 3. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF RULES, REGULATIONS,
ORDERS, OR LICENSING REQUIREMENTS.
(a) In General.--Section 234 a. of the Atomic Energy Act of 1954
(42 U.S.C. 2282(a)) is amended to read as follows:
``a. Any person who--
``(1) violates--
``(A) any licensing provision of section 53, 57,
62, 63, 81, 82, 101, 103, 104, 107, or 109, or any
rule, regulation, or order issued thereunder;
``(B) the certification provisions of section 1701,
or any rule or regulation issued thereunder;
``(C) any term, condition, or limitation of any
license or certification issued under any section
referred to in subparagraph (A) or (B); or
``(D) any rule, regulation, or order issued under
subsection b., i., or o. of section 161; or
``(2) commits any violation for which a license may be
revoked under section 186;
shall be subject to a civil penalty, to be imposed by the Commission,
of not to exceed $100,000 for each such violation. If any violation is
a continuing one, each day of such violation shall constitute a
separate violation for the purpose of computing the applicable civil
penalty. The Commission shall have the power to compromise, mitigate,
or remit such penalties.''.
(b) Conforming Amendments.--
(1) The heading of section 234 of the Atomic Energy Act of
1954 (42 U.S.C. 2282) is amended to read as follows:
``Sec. 234. Civil Monetary Penalties for Violations of Rules,
Regulations, Orders, or Licensing Requirements.--''.
(2) The table of contents of the Atomic Energy Act of 1954
(42 U.S.C. 2011 prec.) is amended by striking the item relating
to section 234 and inserting the following:
``Sec. 234. Civil monetary penalties for violations of rules,
regulations, orders, or licensing
requirements.''.
SEC. 4. ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.
Section 29 of the Atomic Energy Act of 1954 (42 U.S.C. 2039) is
amended by striking the last 2 sentences.
SEC. 5. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k))
is amended--
(1) in the 1st complete sentence, by inserting ``and
licensees (including employees of contractors of licensees)''
after ``(at any tier)'';
(2) in the 1st complete sentence, by striking ``owned by or
contracted to the United States or being transported to or from
such facilities'' and inserting the following: ``owned by or
contracted to the United States or licensed by the Commission,
or being transported to or from such facilities,'';
(3) in the 4th complete sentence, by inserting ``or a
licensee of the Commission'' after ``or a contractor of the
Department of Energy or Nuclear Regulatory Commission''; and
(4) in the last sentence, by inserting ``and the
Commission'' after ``The Secretary''.
SEC. 6. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229 a. of the Atomic Energy Act of 1954 (42 U.S.C.
2278a(a)) is amended by inserting after ``custody of the Commission''
the following: ``or subject to its licensing authority under this Act
or any other Act''.
SEC. 7. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE
FACILITIES UNDER CONSTRUCTION.
Section 236 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended to read as follows:
``a. Any person who intentionally and willfully destroys or causes
physical damage to, or who intentionally and willfully attempts to
destroy or cause physical damage to--
``(1) any production facility or utilization facility
licensed under this Act;
``(2) any nuclear waste storage facility licensed under
this Act;
``(3) any production, utilization, or waste storage
facility subject to licensing under this Act during its
construction where the destruction or damage caused or
attempted to be caused could affect public health and safety
during the operation of the facility;
``(4) any nuclear fuel for a utilization facility licensed
under this Act, or any spent nuclear fuel from such a facility;
or
``(5) any uranium enrichment facility regulated by the
Nuclear Regulatory Commission;
shall be fined not more than $10,000 or imprisoned for not more than 10
years, or both.''.
SEC. 8. ADMINISTRATIVE SEARCH WARRANTS.
Section 161 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(c))
is amended to read as follows:
``c. (1) Make such studies and investigations, obtain such
information, and hold such meetings or hearings as the
Commission may deem necessary or proper to assist it in
exercising any authority provided in this Act, or in the
administration or enforcement of this Act, or any regulations
or orders issued thereunder. For such purposes the Commission
is authorized--
``(A) to administer oaths and affirmations;
``(B) by subpoena, to require any person to appear
and testify or appear and produce documents, or both,
at any designated place;
``(C) to conduct searches without a warrant of the
premises of applicants, licensees, and other persons
subject to section 206 of the Energy Reorganization Act
of 1974 (42 U.S.C. 5846); and
``(D) by judicially approved, administrative search
warrant, to enter at reasonable times premises under
the control of any person not covered by subparagraph
(C) who is subject to the Commission's jurisdiction.
``(2) Before a warrant is issued pursuant to paragraph
(1)(D), the Commission shall establish that it has a reasonable
suspicion that a violation of a Federal statute or a Commission
regulatory requirement has been or will be committed. A search
pursuant to such a warrant shall be effected only for purposes
directly related to the basis for the warrant, and each such
search shall be commenced and completed with reasonable
promptness.
``(3) Witnesses subpoenaed pursuant to paragraph (1)(B)
shall be paid the same fees and mileage as are paid witnesses
in the district courts of the United States.''.
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Omnibus Nuclear Power Safety and Security Enhancement Act of 1993 - Amends the Energy Reorganization Act of 1974 to require certain persons (including owners and operators) with information about a defect or safety violation at nuclear facilities regulated by the Nuclear Regulatory Commission (NRC), including those leased by the United States Enrichment Corporation, to notify the NRC immediately if such defect or violation could create a substantial safety hazard.
Authorizes the NRC to issue regulations requiring such persons to devise and implement notification compliance procedures. Mandates that the notification requirements be prominently posted on the business premises of persons subject to this Act. Provides a civil penalty for non-compliance. Grants the NRC enforcement powers.
Amends the Atomic Energy Act of 1954 to establish civil penalties for violations of its licensing or certification strictures. Declares that each day of a continuing violation constitutes a separate violation for purposes of computing the civil penalty.
Repeals the requirement that the Advisory Committee on Reactor Safeguards submit an annual status report to the Congress on reactor safety research.
Authorizes the NRC to: (1) permit its licensees to carry firearms while in the discharge of their official duties; and (2) issue regulations regarding the introduction of dangerous weapons or instrumentalities upon property within its licensing purview. Includes within the penalty guidelines for the sabotage of nuclear facilities those facilities subject to NRC licensing during their construction where the damage could affect public health and safety during the operation of the facility.
Sets forth guidelines for the NRC to conduct warrantless searches and to enter certain premises with a judicially approved administrative search warrant.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Persian Gulf War Illness
Compensation Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Although the majority of veterans of the Armed Forces
who served in the Persian Gulf War returned from the Southwest
Asia theater of operations to normal activities, many of those
veterans have experienced a range of unexplained illnesses,
including chronic fatigue, muscle and joint pain, loss of
concentration, forgetfulness, headache, and rash.
(2) Those veterans were potentially exposed during that war
to a wide range of biological and chemical agents, including
sand, smoke from oil-well fires, paints, solvents,
insecticides, petroleum fuels and their combustion products,
organophosphate nerve agents, pyridostigmine bromide, depleted
uranium, anthrax and botulinum toxoid vaccinations, and
infectious diseases, in addition to other psychological and
physiological stresses.
(3) Section 1117 of title 38, United States Code, enacted
on November 2, 1994, by the Persian Gulf War Veterans' Benefits
Act (title I of Public Law 103-446), provides for the payment
of compensation to Persian Gulf veterans suffering from a
chronic disability resulting from an undiagnosed illness (or
combination of undiagnosed illnesses) that became manifest to a
compensable degree within a period prescribed by regulation.
(4) The Secretary of Veterans Affairs prescribed
regulations under section 1117 of title 38, United States Code,
that interpreted that section so as to limit compensation to
Persian Gulf veterans with illnesses that ``cannot be
attributed to any known clinical diagnosis''.
(5) In a report dated September 7, 2000, the Institute of
Medicine of the National Academy of Sciences indicated that it
was not asked to determine whether an identifiable medical
syndrome referred to as ``Gulf War Syndrome'' exists and
suggested that the Secretary of Veterans Affairs, in developing
a compensation program for Persian Gulf veterans, consider the
health effects that may be associated with exposures to
specific agents that were present in the Southwest Asia theater
of operations during the Persian Gulf War.
SEC. 3. COMPENSATION OF VETERANS OF PERSIAN GULF WAR WHO HAVE CERTAIN
ILLNESSES.
(a) Presumptive Period for Undiagnosed Illnesses Program.--Section
1117 of title 38, United States Code, is amended--
(1) in subsection (a)(2), by striking ``within the
presumptive period prescribed under subsection (b)'' and
inserting ``before December 31, 2011, or such later date as the
Secretary may prescribe by regulation''; and
(2) by striking subsection (b).
(b) Undiagnosed Illnesses.--Such section, as amended by subsection
(a), is further amended by inserting after subsection (a) the following
new subsection (b):
``(b)(1) For purposes of this section, the term `undiagnosed
illness' means illness manifested by symptoms or signs the cause,
etiology, or origin of which cannot be specifically and definitely
identified, including poorly defined illnesses such as fibromyalgia,
chronic fatigue syndrome, autoimmune disorder, and multiple chemical
sensitivity. The attribution of one or more of the symptoms to a
disability that is not an undiagnosed illness shall not preclude other
symptoms from being considered a manifestation of an undiagnosed
illness.
``(2) For purposes of paragraph (1), signs or symptoms that may be
a manifestation of an undiagnosed illness include the following:
``(A) Fatigue.
``(B) Unexplained rashes or other dermatological signs or
symptoms.
``(C) Headache.
``(D) Muscle pain.
``(E) Joint pain.
``(F) Neurologic signs or symptoms.
``(G) Neuropsychological signs or symptoms.
``(H) Signs or symptoms involving the respiratory system
(upper or lower).
``(I) Sleep disturbances.
``(J) Gastrointestinal signs or symptoms.
``(K) Cardiovascular signs or symptoms.
``(L) Abnormal weight loss.
``(M) Menstrual disorders.''.
(c) Presumption of Service Connection Program.--Section 1118(a) of
such title is amended by adding at the end the following new paragraph:
``(4) For purposes of this section, the term `undiagnosed illness'
has the meaning given that term in section 1117(b) of this title.''.
(d) Effective Date.--(1) For purposes of section 5110(g) of title
38, United States Code--
(A) the amendments to section 1117 of title 38, United
States Code, made by subsections (a) and (b) shall take effect
as of November 2, 1994; and
(B) the amendment to section 1118 of title 38, United
States Code, made by subsection (c) shall take effect as of
October 21, 1998.
(2) The second sentence of section 5110(g) of title 38, United
States Code, shall not apply in the case of an award, or increased
award, of compensation pursuant to the amendments made by this section
if the date of application therefor is not later than one year after
the date of the enactment of this Act.
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Persian Gulf War Illness Compensation Act of 2001 - Amends a veterans' benefits program of compensation for disabilities occurring in veterans of the Persian Gulf War to: (1) require such disabilities, to be compensable, to occur before December 31, 2011, or such later date as prescribed by the Secretary of Veterans Affairs; (2) define an "undiagnosed illness" in such veterans as one manifested by specified symptoms or signs the cause, etiology, or origin of which cannot be specifically and definitely identified; and (3) include an undiagnosed illness having such a symptom or sign within the presumption of being service-connected and therefore treatable as a service-connected disability.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ohio River Corridor Study Commission
Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the amenities and resources of the Ohio River, which
flows through 6 States from its headwaters in Pennsylvania to
its confluence with the Mississippi River and comprises a chain
of commercial, industrial, historical, archaeological, natural,
recreational, scenic, wildlife, urban, rural, cultural, and
economic areas, are of major significance and importance to the
United States;
(2) the national interest is served by--
(A) preserving, protecting, and improving the
amenities and resources of the Ohio River for the
benefit of the people of the United States; and
(B) improving the coordination between all levels
of government in the Ohio River Corridor;
(3) efforts to preserve, protect, and improve the amenities
and resources of the Ohio River are inadequate despite efforts
by the States through which the Ohio River flows, political
subdivisions of the States, and volunteer associations and
private businesses in the States;
(4) Federal agency programs are insufficient to coordinate
State and local planning and regulatory authorities to provide
for resource management and economic development in a manner
that is consistent with the protection and public use of the
amenities and resources of the Corridor; and
(5) the Federal Government should assist in the
coordination, preservation, and interpretation activities of
public and private entities with respect to the significant
amenities and resources associated with the Ohio River.
(b) Purposes.--The purposes of this Act are--
(1) to focus attention on the unique and nationally
significant resources of the Ohio River Corridor;
(2) to provide a means and stimulus for coordinating the
preservation, protection, improvement, enjoyment, and
utilization of the resources of the Ohio River Corridor; and
(3) to establish a national entity to gather, assess, and
disseminate information on the historic, economic, natural,
recreational, scenic, and cultural opportunities in the Ohio
River Corridor.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Commission.--The term ``Commission'' means the Ohio
River Corridor Study Commission established under section 4.
(2) Ohio river corridor; corridor.--The terms ``Ohio River
Corridor'' and ``Corridor'' mean the Ohio River from
Pittsburgh, Pennsylvania, to Cairo, Illinois, and an area
extending from the edge of the river to the landward boundary
of each county along the designated length of the river.
(3) Ohio river state.--The term ``Ohio River State'' means
each of the States of Illinois, Kentucky, Indiana, Ohio, West
Virginia, and Pennsylvania.
SEC. 4. OHIO RIVER STUDY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Ohio River Corridor Study Commission.
(b) Duties of the Commission.--
(1) Study.--The Commission shall study and make
recommendations regarding--
(A) the feasibility of establishing an Ohio River
National Heritage Corridor for the Ohio River Corridor;
and
(B) the preservation, protection, improvement,
enjoyment, and utilization of the historic, economic,
natural, recreational, scenic, and cultural resources
of the Corridor consistent with this Act.
(2) Information collection; consultation.--As part of the
study conducted under paragraph (1), the Commission shall--
(A) assess the preservation, protection,
improvement, enjoyment, and utilization potential of
the historic, economic, natural, recreational, scenic,
and cultural resources of the Corridor;
(B) collect information dealing with ongoing
activities, management plans, and opportunities
regarding historic, economic, natural, recreational,
scenic, and cultural resources in the Corridor;
(C) make such information available to Federal
agencies, States, and political subdivisions of States,
tribal governments, educational institutions, volunteer
associations, and private businesses to assist such
entities in undertaking activities to preserve,
protect, improve, or utilize the historic, economic,
natural, recreational, scenic, or cultural resources of
the Corridor;
(D) consult with the Ohio River Valley Water
Sanitation Commission and the Ohio River Basin
Commission, and cooperate with the commissions and such
associations in the performance of its duties;
(E) provide a forum for the consideration of
resource issues relating to the Corridor;
(F) seek and encourage the participation of
affected State and local governments, interested
citizens, public officials, groups, agencies,
educational institutions, and others in the
preservation, protection, improvement, enjoyment, and
utilization of the resources of the Corridor;
(G) recommend methods and means for educating the
general population about the national importance and
value of the Ohio River as a natural resource and
national treasure; and
(H) make the Commission accessible to such groups,
agencies, and citizens by holding at least one well-
publicized public hearing in each State within the
Corridor.
(3) Report.--The Commission shall prepare a report that--
(A) specifies the results of the study conducted
under paragraph (1); and
(B) contains--
(i) a description of the Ohio River
Corridor and the proposed boundaries of an Ohio
River National Heritage Corridor (if so
recommended) showing the corridor and such
zones as may be appropriate;
(ii) an inventory and assessment of the
historic, economic, natural, recreational,
scenic, and cultural resources of the Corridor;
(iii) specific preservation and
interpretation goals;
(iv) proposed management strategies whereby
the funds, data, personnel, and authorities of
public and private entities may be combined and
coordinated in furtherance of the purposes of
this Act; and
(v) such recommendations as the Commission
may deem appropriate with respect to clauses
(i) through (iv) and with respect to public
access to and interpretation of the natural and
cultural resources of the river and related
outdoor recreation opportunities.
(c) Organization of the Commission.--
(1) Membership.--The Commission shall be composed of 11
members including--
(A) the Director of the National Park Service (or a
designee of the Director);
(B) the Secretary of Transportation (or a designee
of the Secretary);
(C) the Secretary of Commerce (or a designee of the
Secretary);
(D) the Director of the United States Fish and
Wildlife Service (or a designee of the Director);
(E) the Chief of Engineers of the Army Corps of
Engineers (or a designee of the Chief); and
(F) one member from each Ohio River State appointed
by the Governor of such State.
(2) Ex officio members.--Members designated by clauses (A)
through (E) of paragraph (1) shall serve ex officio.
(3) Initial appointments.--Members of the Commission
appointed under clause (F) of paragraph (1) shall be first
appointed not later than 45 days after the date of enactment of
this Act.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment is made.
(5) Terms.--Members of the Commission appointed under
clause (F) of paragraph (1) shall be appointed for the life of
the Commission.
(6) Compensation.--Members of the Commission shall serve
without compensation.
(7) Reimbursement of expenses.--While away from their homes
or regular places of business in the performance of services
for the Commission, members of the Commission shall be allowed
travel expenses, including a per diem allowance in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service are allowed travel
expenses under section 5703 of title 5, United States Code.
(8) Quorum.--
(A) In general.--Seven members of the Commission
shall constitute a quorum, but a lesser number of
members may hold hearings.
(B) Proxy.--A member of the Commission may vote by
means of a signed proxy exercised by another member of
the Commission, but any member so voting shall not be
considered present for purposes of establishing a
quorum.
(9) Chairperson.--As the first item of business at the
first meeting of the Commission, the members of the Commission
shall elect a chairperson of the Commission from among the
members appointed under subsection (c)(1)(F).
(10) Meetings.--
(A) Initial meeting.--Not later than 30 days after
the members of the Commission are first appointed, the
Commission shall hold its first meeting.
(B) Subsequent meetings.--After the initial
meeting, the Commission shall meet at the call of the
chairperson or a majority of the members.
(11) Interim rules.--The Director of the National Park
Service (or a designee of the Director) shall select the date
of the first meeting and shall serve as chairperson until the
election of the chairperson under paragraph (9).
(12) Technical committee.--With the advice and consent of
the Commission members, the chairperson may appoint a technical
committee with representation from various interest groups,
professional agencies, or advocacy groups within the Ohio River
States with each State having at least one member.
(13) Waiver.--The provisions of section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) are waived with
respect to the Commission.
(d) Staff; Experts and Consultants; Personnel of Federal
Agencies.--
(1) Lead agency.--The National Park Service shall, if
personnel are available, staff and advise the Commission.
(2) Staff.--The Commission, if National Park Service
personnel are not available, with advice from the Director of
the National Park Service (or a designee of the Director), may
appoint and fix the pay of such staff as the Commission
considers appropriate, subject to--
(A) the provisions of title 5, United States Code,
governing appointments in the competitive service; and
(B) the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification
and General Schedule pay rates.
(3) Experts and consultants.--The Commission, with advice
from the Director of the National Park Service (or a designee
of the Director), may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(4) Personnel of states and political subdivisions.--The
Commission may--
(A) accept the services of personnel detailed from
an Ohio River State or a political subdivision of an
Ohio River State; and
(B) reimburse such State or such subdivision for
such services.
(5) Personnel of federal agencies.--At the request of the
Commission, with the advice of the Director of the National
Park Service (or a designee of the Director), the head of any
Federal agency may detail, on a reimbursable basis, any of the
personnel of such agency to the Commission to assist the
Commission in carrying out its duties under this Act.
(e) Powers of the Commission.--
(1) Hearings and sessions.--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 appropriate to carry out this Act.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if so authorized by the Commission, take
any action which the Commission is authorized to take by this
section.
(3) 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.
(4) Administrative support services.--The Administrator of
General Service shall provide to the Commission on a
reimbursable basis such administrative support services as the
Commission may request.
(f) Submission of Reports.--
(1) Interim report.--Not later than 2 years after the date
of the first meeting of the Commission, the Commission shall
submit to the President, the Speaker of the House of
Representatives, the President of the Senate, and the Governor
of each Ohio River State a report describing the progress of
the Commission in carrying out the duties of the Commission
under subsection (b).
(2) Final report.--Not later than 3 years after the date of
the first meeting of the Commission, the Commission shall
submit to the President, the Speaker of the House of
Representatives, the President of the Senate, and the Governor
of each Ohio River State the report required by subsection
(b)(3).
(g) Termination of Commission.--Notwithstanding section 14(a)(2) of
the Federal Advisory Committee Act (5 U.S.C. App.), the Commission
shall cease to exist 90 days after submitting the report required by
subsection (b)(3).
SEC. 5. CONSENT TO NEGOTIATE PROPOSED COMPACTS.
The consent and approval of Congress are hereby given to each Ohio
River State to enter into an interstate agreement or compact with 1 or
more of any other Ohio River State in furtherance of this Act or the
study referred to in section 4(b)(1).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act such
sums as may be necessary to be available until expended during the 3
years in which the Commission is in existence.
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Ohio River Corridor Study Commission Act of 1993 - Establishes the Ohio River Corridor Study Commission to study and report on: (1) the feasibility of establishing an Ohio River National Heritage Corridor for the Ohio River Corridor; and (2) the preservation, protection, improvement, enjoyment, and utilization of the historic, economic, natural, recreational, scenic, and cultural resources of the Corridor.
Gives the consent and approval of the Congress to the States of Illinois, Kentucky, Indiana, Ohio, West Virginia, or Pennsylvania to enter into an interstate agreement or compact in furtherance of this Act or the study.
Authorizes appropriations.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmington Wild and Scenic River
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 99-590 authorized the study of 2 segments of
the West Branch of the Farmington River, including an 11-mile
headwater segment in Massachusetts and the uppermost 14-mile
segment in Connecticut, for potential inclusion in the wild and
scenic rivers system, and created the Farmington River Study
Committee, consisting of representatives from the 2 States, the
towns bordering the 2 segments, and other river interests, to
advise the Secretary of the Interior in conducting the study
and concerning management alternatives should the river be
included in the wild and scenic rivers system;
(2) the study determined that both segments of the river
are eligible for inclusion in the wild and scenic rivers system
based upon their free-flowing condition and outstanding
fisheries, recreation, wildlife, and historic values;
(3) the towns that directly abut the Connecticut segment
(Hartland, Barkhamsted, New Hartford, and Canton), as well as
the town of Colebrook, which abuts the major tributary of the
segment, have demonstrated their desire for national wild and
scenic river designation through town meeting actions endorsing
designation;
(4) the 4 abutting towns have demonstrated their commitment
to protect the river through the adoption of river protection
overlay districts, which establish a uniform setback for new
structures, new septic systems, sand and gravel extraction, and
vegetation removal along the entire length of the Connecticut
segment;
(5) during the study, the Farmington River Study Committee
and the National Park Service prepared a comprehensive
management plan for the Connecticut segment, the Upper
Farmington River Management Plan, dated April 29, 1993, which
establishes objectives, standards, and action programs that
will ensure long-term protection of the outstanding values of
the river and compatible management of the land and water
resources of the river; and
(6) the Farmington River Study Committee voted unanimously
on April 29, 1993, to adopt the Upper Farmington River
Management Plan and to recommend that Congress include the
Connecticut segment in the wild and scenic rivers system in
accordance with the spirit and provisions of the Upper
Farmington River Management Plan, and to recommend that, in the
absence of town votes supporting designation, no action be
taken regarding wild and scenic river designation of the
Massachusetts segment.
SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``( ) Farmington River, Connecticut.--
``(A) Designation and management.--The 14-mile segment of
the West Branch and mainstem extending from immediately below
the Goodwin Dam and Hydroelectric Project in Hartland,
Connecticut, to the downstream end of the New Hartford-Canton,
Connecticut, town line (referred to in this paragraph as the
`segment'), to be administered by the Secretary of the Interior
in cooperation with the Farmington River Coordinating Committee
established under paragraph (B) as a recreational river. The
segment shall be managed in accordance with the Upper
Farmington River Management Plan, dated April 29, 1993, adopted
on April 29, 1993 by the Farmington River Study Committee
(referred to in this paragraph as the `Plan'). The Plan shall
be deemed to satisfy the requirement for a comprehensive
management plan pursuant to section 3(d) of this Act.
``(B) Management committee.--Not later than 90 days after
the date of enactment of this paragraph, there shall be
established a Farmington River Coordinating Committee to assist
in the long-term protection of the segment and the
implementation of this paragraph and the Plan. The membership,
functions, responsibilities, and administrative procedures of
the Committee shall be as set forth in the Plan. The Committee
shall not be a Federal advisory committee, and shall not be
subject to the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.).
``(C) Federal role.--(i) The Director of the National Park
Service (referred to in this paragraph as the `Director') shall
represent the Secretary in the implementation of the Plan and
the provisions of this Act with respect to the segment
designated by this paragraph, including the review of proposed
federally assisted water resources projects that could have a
direct and adverse effect on the values for which the segment
was established, as authorized under section 7(a) of this Act.
``(ii) Pursuant to sections 10(e) and 11(b)(1) of this Act,
the Director may enter into cooperative agreements with the
State of Connecticut, the towns of Colebrook, Hartland,
Barkhamsted, New Hartford, and Canton, Connecticut, and the
Committee. Such cooperative agreements shall be consistent with
the Plan and may include provisions for financial or other
assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the segment.
``(iii) The Director may provide technical assistance,
staff support, and funding to assist in the implementation of
the Plan.
``(iv) Notwithstanding section 10(c) of this Act, no
portion of the segment designated by this paragraph shall
become a part of the National Park System nor shall it be
subject to regulations that govern the National Park System.
``(D) Water resources projects.--(i) In determining whether
a proposed water resources project would have a direct and
adverse effect on the values for which the segment designated
by this paragraph was included in the national wild and scenic
rivers system, the Secretary shall specifically consider the
extent to which the project is consistent with the Plan.
``(ii) Congress finds that the existing operation of the
Colebrook Dam and Goodwin Dam hydroelectric facilities,
together with associated transmission lines and other existing
project works, pursuant to licenses or exemptions granted under
the Federal Power Act (16 U.S.C. 791a et seq.) and in effect on
the date of enactment of this paragraph, is not incompatible
with the designation of the segment referred to in subparagraph
(A) as a component of the national wild and scenic rivers
system, and will not have a direct and adverse effect on, nor
unreasonably diminish, the values for which the segment was
established. Notwithstanding any provision in this Act to the
contrary, the designation of the river shall not affect the
ability of the Federal Energy Regulatory Commission to license
or relicense (including exempting from licensing) the continued
operation of the Colebrook Dam and Goodwin Dam hydroelectric
projects, together with associated transmission lines and other
project works if such operation is consistent with the Plan.
``(iii) Notwithstanding any provision in this Act to the
contrary, inclusion of the segment designated by this paragraph
in the wild and scenic rivers system shall not impair the
continued operation of the Colebrook Dam and Reservoir by the
United States Army Corps of Engineers for the purpose of flood
control.
``(iv) The Plan, including the detailed analysis of
instream flow needs incorporated in the Plan and such
additional analysis as may be incorporated in the future, shall
serve as the primary source of information regarding the flows
needed to maintain instream resources and the potential
compatibility between resource protection and possible water
supply withdrawals.
``(E) Land management.--(i) The zoning ordinances adopted
by the towns of Hartland, Barkhamsted, New Hartford, and
Canton, Connecticut, including the `river protection overlay
districts' in effect on the date of enactment of this
paragraph, satisfy the standards and requirements of section
6(c) of this Act. For the purpose of section 6(c), such towns
shall be deemed `villages' and the provisions of that section,
which prohibit Federal acquisition of lands by condemnation,
shall apply.
``(ii) Nothing in this Act shall authorize management by
the Federal Government of lands that are not owned by the
Federal Government. All lands along the segment and its
tributaries shall be managed by the owners of the land.
``(iii) The Federal Government shall not acquire land along
the segment or its tributaries for the purposes of wild and
scenic river designation. Nothing in this Act shall prohibit
Federal acquisition of land along the segment for other
purposes, or the use of Federal funds administered by State or
local agencies to acquire land along the segment.
``(F) Miscellaneous.--Notwithstanding section 3(b), no
distinct lateral boundary shall be established for the segment
of the river designated by this paragraph, as set forth in the
Plan.
``(G) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this paragraph.''.
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Farmington Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Farmington River in Connecticut as a component of the National Wild and Scenic River System.
Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior in cooperation with the Farmington River Coordinating Committee (established under this Act); and (2) managed in accordance with the Upper Farmington River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act.
Requires the Director of the National Park Service to represent the Secretary in implementing the Plan and the Act with respect to the segment, including the review of proposed federally-assisted water resources that could adversely affect the values for which the segment was established.
Authorizes the Director to enter into cooperative agreements with the State of Connecticut, the towns of Colebrook, Hartland, Barkhamsted, New Hartford, and Canton, Connecticut, and the Coordinating Committee that are consistent with the Plan and that may provide for financial or other Federal assistance to facilitate the long-term protection, conservation, and enhancement of the segment.
Prohibits any portion of the segment from becoming a part of the National Park System.
Provides for the continued operation of the Colebrook Dam and Goodwin Dam hydroelectric projects, under specified conditions, and the continued operation of the Colebrook Dam and Reservoir by the U.S. Army Corps of Engineers for flood control.
Requires the Plan to serve as the primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between resource protection and possible water supply withdrawals.
Provides that: (1) the zoning ordinances adopted by specified towns and the river protection overlay districts in effect on the enactment of this Act satisfy the standards and requirements of the Act; and (2) all lands along the segment and its tributaries shall be managed by the owners of the land.
Authorizes: (1) the Government to acquire land along the segment or its tributaries for purposes other than wild and scenic river designation; and (2) the use of Federal funds administered by State and local agencies to acquire such land.
Authorizes appropriations.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Contact Lens Consumers
Act''.
SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS.
(a) In General.--Upon completion of a contact lens fitting, a
prescriber--
(1) whether or not requested by the patient, shall provide
to the patient a copy of the contact lens prescription; and
(2) shall provide the contact lens prescription or verify
the contact lens prescription to any person designated to act
on behalf of the patient.
(b) Limitations.--A prescriber may not--
(1) require purchase of contact lenses from the prescriber
or from another person as a condition of providing a copy of a
prescription or verification of a prescription under subsection
(a); and
(2) require payment in addition to the examination fee as a
condition of providing a copy of a prescription or verification
of a prescription under subsection (a).
SEC. 3. EXPIRATION OF CONTACT LENS PRESCRIPTIONS.
A contact lens prescription shall expire--
(1) on the date specified by the law of the State involved,
if that date is one year or more after the date of completion
of the contact lens fitting;
(2) one year after the date of completion of the contact
lens fitting, if the law of the State involved has no specified
date or if such State law specifies a date that is less than
one year after the date of completion of the contact lens
fitting; or
(3) notwithstanding paragraphs (1) and (2), on the date
specified by the prescriber, if that date is based on the
medical judgment of the prescriber with respect to the ocular
health of the patient.
SEC. 4. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS.
Any person that engages in the manufacture, processing, assembly,
sale, offering for sale, or distribution of contact lenses may not
represent, by advertisement, sales presentation, or otherwise, that
contact lenses for which a prescription is required by law may be
obtained without a prescription.
SEC. 5. PROHIBITION OF CERTAIN WAIVERS.
A prescriber may not place on the prescription, or require the
patient to sign, or deliver to the patient a form or notice waiving or
disclaiming the liability or responsibility of the prescriber for the
accuracy of the eye examination or the accuracy of the contact lenses
dispensed by another seller.
SEC. 6. VIOLATIONS.
Any violation of this Act shall be treated as a violation of a rule
under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
regarding unfair or deceptive acts or practices.
SEC. 7. ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by a violation of this Act, the State may
bring a civil action on behalf of the residents of the State in
a district court of the United States of appropriate
jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.-- Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Federal Trade
Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--Subparagraph (A) shall not apply
with respect to the filing of an action by an attorney
general of a State under this subsection, if the
attorney general determines that it is not feasible to
provide the notice described in that subparagraph
before filing of the action. In such case, the attorney
general of a State shall provide notice and a copy of
the complaint to the Commission at the same time as the
attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall be construed to prevent
an attorney general of a State from exercising the powers conferred on
the attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for a violation of this
Act, no State may, during the pendency of that action, institute an
action under subsection (a) against any defendant named in the
complaint in that action.
(e) Venue.--Any action brought under subsection (a) may be brought
in the district court of the United States that meets applicable
requirements relating to venue under section 1391 of title 28, United
States Code.
(f) Service of Process.--In an action brought under subsection (a),
process may be served in any district in which the defendant--
(1) is an inhabitant; or
(2) may be found.
SEC. 8. STUDY AND REPORT.
(a) Study.--The Federal Trade Commission shall undertake a study to
examine the strength of competition in the sale of prescription contact
lenses. The study shall include an examination of the following issues:
(1) The States that have laws that require active or
passive verification for the sale of contact lenses.
(2) With respect to the States that require active
verification, the practices of prescribers in complying with
State law, the effect of noncompliance, and the harm to
competition and consumers that results from noncompliance.
(3) With respect to the States that require active
verification, the level of enforcement and any problems
relating to enforcement.
(4) The impact on competition of verification standards
adopted by retail sellers of prescription contact lenses.
(5) With respect to States that require passive
verification or have no applicable verification laws, the
possible effect of such laws or lack thereof on the ocular
health of patients. In addition, the effect of such laws or
lack thereof on compliance by sellers in confirming valid
contact lens prescriptions, including expiration dates. The
Commission shall consult the Food and Drug Administration on
this particular issue.
(6) The incidence, if any, of contact lens prescriptions
that specify brand name or custom labeled contact lenses, the
reasons for the incidence, and the effect on consumers and
competition.
(7) Any other issue that has an impact on competition in
the sale of prescription contact lenses.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Chairman of the Federal Trade Commission
shall submit to the Congress a report of the study required by
subsection (a).
SEC. 9. EFFECT ON OTHER LAW.
Except as provided in section 3, this Act does not affect any rule
or requirement administered by the Food and Drug Administration, any
State law that regulates the practice of medicine, persons authorized
to fit contact lenses, or the requirements of any contact lens
prescription.
SEC. 10. DEFINITIONS.
As used in this Act:
(1) Contact lens fitting.--The term ``contact lens
fitting'' means the process that begins after the initial eye
examination and ends when the prescriber is satisfied that a
successful fit has been achieved or, in the case of a renewal
prescription, ends when the prescriber determines that no
change in prescription is required, and such term may include--
(A) an examination to determine lens
specifications;
(B) except in the case of a renewal of a
prescription, an initial evaluation of the fit of the
lens on the eye; and
(C) medically necessary followup examinations.
(2) Prescriber.--The term ``prescriber'' means, with
respect to contact lens prescriptions, an ophthalmologist,
optometrist, or other person permitted under State law to issue
prescriptions for contact lenses in compliance with any
applicable requirements established by the Food and Drug
Administration.
(3) Contact Lens Prescription.--The term ``contact lens
prescription'' means a prescription, issued in accordance with
State and Federal law, that contains the specifications
necessary for a patient to obtain contact lenses and may
include such items as the following:
(A) The name of the patient.
(B) The date of the examination.
(C) The issue date and the expiration date of the
prescription.
(D) A clear notation contact lenses are suitable
for the patient.
(E) The parameters and instructions that are
necessary for manufacture and duplication of the
lenses.
(F) The name, postal address, telephone number, and
facsimile telephone number of the prescriber.
(G) The expiration date of the prescription.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of the enactment
of this Act.
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Fairness to Contact Lens Consumers Act - Requires a "prescriber" (a person permitted under State law to issue prescriptions for contact lenses) to provide to the patient a copy of the patient's contact lens prescription free of charge.Declares that a contact lens prescription shall expire one year after the date of completion of the contact lens fitting if a State's law regarding contact lens prescriptions specifies an earlier date or if the State has no such specified date. Permits an exception for a patient's ocular health.Prohibits advertising that lenses for which a prescription is required may be obtained without a prescription. Prohibits a prescriber from issuing certain waivers.States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.Permits a State to bring a civil action in a district court of the United States for violations of this Act. Requires the attorney general of a State bringing suit to notify the Federal Trade Commission, unless such notification is unfeasible. Allows the Commission to intervene in cases in which it is notified, whereby it shall have the rights: (1) to be heard on any matter; and (2) to file a petition for appeal.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Professional Health
Insurance Advisors Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Licensed independent insurance producers (agents and
brokers) provide a wide range of services for both individual
consumers and the business community. Producers interface with
insurers, acquire quotes, analyze plan options, and consult
clients through the purchase of health insurance.
(2) Licensed independent insurance producers provide
guidance regarding benefit and contribution arrangements to
ensure compliance with applicable State and Federal laws and
regulations; assist with establishing section 125 plan tax
savings under the Internal Revenue Code, health reimbursement
arrangements, flexible spending arrangements, and other
programs to maximize tax advantages and ensure compliance with
applicable Internal Revenue Service guidelines; create
educational materials and provide on-site assistance to aid in
employee benefit communication; assist in managing eligibility
for new hires and terminated employees; provide advocacy for
employees through the health insurance claim process; and
advocate for employers with insurers in developing proposals,
renewals, and for service issues throughout the year.
(3) In order to meet these responsibilities, licensed
independent insurance producers are required to complete
continuing education on an ongoing basis in order to maintain
appropriate licenses. This requirement to maintain educational
standards helps assure the insured public that producers remain
current with the ever-evolving insurance market.
(4) It is essential that licensed independent insurance
producers continue to perform these duties, and others, as the
Patient Protection and Affordable Care Act has made significant
changes to the regulatory environment for health plans. To
understand these changes, employers and consumers will need
professional guidance even more in the future. This service is
especially important for small businesses, as such producers
often fill the role of a human resources department as well as
professional consultant.
(5) The National Association of Insurance Commissioners--
whose core mission is to protect consumers in all aspects of
the business of insurance--strongly advocates for the
continuing role of licensed independent insurance producers in
health insurance, and has expressed that the ability of
insurance agents and brokers to continue assisting health
insurance consumers at a time of rapid insurance market changes
is more essential than ever.
(6) It is critical that the indispensable role played by
licensed independent insurance producers is recognized and
protected.
SEC. 3. PROTECTING THE ABILITY OF LICENSED INDEPENDENT INSURANCE
PRODUCERS TO CONTINUE TO SERVE THE PUBLIC.
(a) In General.--Section 2718 of the Public Health Service Act (42
U.S.C. 300gg et seq.), as inserted by section 1001 and amended by
section 10101(f) of the Patient Protection and Affordable Care Act, is
amended--
(1) in subsection (a)(3), by inserting ``, remuneration
paid for licensed independent insurance producers,'' after
``State taxes'';
(2) in subsection (b)(1)(A)--
(A) in the matter preceding clause (i), by
inserting ``, remuneration paid for licensed
independent insurance producers,'' after ``State
taxes'';
(B) in clause (ii), by inserting ``or small group
market'' before ``in such State''; and
(C) by adding at the end the following new
sentence:
``In the case of a State request for an adjustment
pursuant to clause (ii), the Secretary shall defer to
the State's findings and determinations regarding
destabilization.'';
(3) in subsection (b)(1)(B), by inserting ``, remuneration
paid for licensed independent insurance producers,'' after
``State taxes'';
(4) in subsection (d), by inserting ``or small group
market'' after ``individual market''; and
(5) by adding at the end the following new subsection:
``(f) Independent Insurance Producer Remuneration Definitions.--For
purposes of this section:
``(1) The term `independent insurance producer' means an
insurance agent or broker, insurance consultant, benefit
specialist, limited insurance representative, and any other
person required to be licensed under the laws of the particular
State to sell, solicit, negotiate, service, effect, procure,
renew or bind policies of insurance coverage or offer advice,
counsel, opinions, or services related to insurance.
``(2) The term `remuneration' means compensation paid by or
accrued from an insurance issuer or health plan for services
rendered under contractual agreement which may include fees,
commissions, or rebates.''.
(b) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Health and Human Services, in
coordination with the National Association of Insurance Commissioners,
shall amend any applicable regulations so as to take the amendments
made by subsection (a) into account.
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Access to Professional Health Insurance Advisors Act of 2011 - Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan. Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance.
Requires the Secretary of Health and Human Services (HHS), when a state requests an adjustment of a medical-loss ratio, to defer to the state's findings and determinations as to whether enforcing the required medical-loss ratio may destabilize the individual or small group markets for health insurance.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Samoa Protection of
Industry, Resources, and Employment Act'' or ``ASPIRE Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress finds the following:
(1) The tuna processing and manufacturing industry is by
far the largest private-sector base of employment in American
Samoa and serves as the critical foundation for the overall
economy of American Samoa. The unique local economy created by
the operation of tuna canneries is largely irreplaceable as an
employment base. The canneries currently provide 80 percent of
private sector employment in American Samoa, and generate more
than $80,000,000 (30 percent) of the territory's income from
labor according to a recent Department of Labor report. Most
other private sector jobs in American Samoa provide goods or
services to the tuna processors. Moreover, the economic growth
of many other private sector employers in the consumer retail
and service sectors is tied either directly or indirectly to
the tuna industry.
(2) Over the past 30 years, direct employment growth in the
fish processing industry has accounted for more than one-third
of total job growth in American Samoa. Moreover, a recent study
reflects that every job added to or subtracted from the economy
by a change in employment in the tuna processing industry adds
or subtracts another 0.47 jobs from other sectors of American
Samoa's economy, the so-called ``multiplier effect''.
(3) An important component of the tuna processing
industry's multiplier effect is derived from direct delivery of
tuna by fishing vessels to American Samoa for processing, which
results in revenue for the territory from visitor expenditures
on vessel refueling, repair, and other shipyard services,
stevedores, fishing net repairs, lodging, dining, and a host of
other services. Unfortunately, while having provided limited
economic benefit through indirect deliveries which ensured a
constant supply of fish to the canneries, the large majority of
the eligible fleet which fishes under the auspices of a United
States flag and United States license no longer provides direct
delivery or economic benefit to American Samoa, where many of
them are home-ported, choosing rather to deliver their catch to
massive carrier ships for purposes of transshipping their fish
to be cleaned in low-wage labor rate countries.
(4) Due to low-wage labor rates of 0.60 cents and less per
hour for tuna cannery workers in competing countries, increased
transportation and energy costs, decreased volumes of direct-
delivered fish to American Samoa, recent Federal minimum wage
policy changes that have resulted in mandatory annual wage
increases, heavy foreign competition for United States market
share in the tuna industry, and a number of other issues, one
of American Samoa's tuna canneries has announced that it will
shut down by September 2009. This closure will result in job
loss for nearly 40 percent of the territory's private sector
employees, as well as increased energy, shipping, and food
costs for the remaining businesses and public entities because
the canneries help subsidize the costs of these industries.
(5) Closure of the remaining tuna processing plant would
result in job loss for another 40 percent of private sector
employees, and a recent study of the territory's economy
concluded that closure of the remaining tuna processing plant
would result in total job loss of 44 percent of all employment
in the territory, leaving the American Samoan Government, which
receives significant operational and capital grants from the
Federal Government, as the territory's only significant
employer.
(6) Due to present dependence on the canneries and Federal
aid, if both canneries leave American Samoa, only direct
Federal assistance will remain to bridge the gap left by the
loss of approximately $80,000,000 in private sector income from
the tuna canneries.
(7) The Department of the Interior has previously reported
to Congress that in the absence of the revenue derived from the
canneries, American Samoa, with its population of nearly
70,000, will be ``almost wholly dependent'' on direct
assistance from the Federal Government, warning that the
American Samoan economy will be ``devastated'';
(8) Having served, starting at the turn of the last
century, as an important refueling station for American ships
in the South Pacific, American Samoa has long held a position
of strategic and historic importance to the United States, and
over the years, American Samoans have sacrificed to help keep
our country free, with many serving in the United States
military.
(9) In March 2006, it was reported to Congress that the
sacrifice of American Samoa in the Iraq war was
disproportionate to the territory's small size, as residents of
the territory were 15 times more likely to be killed in action
in Iraq than residents of the United States as a whole.
(b) Policy.--The Federal Government should provide employment
stabilization and economic development assistance to the people of
American Samoa, including incentives for the continued operation and
development of American Samoa's tuna processing industry, as the
territory now faces severe economic conditions.
SEC. 3. EXPANSION OF GENERAL TECHNICAL ASSISTANCE TO AMERICAN SAMOA.
Section 601 of the Act of December 24, 1980 (48 U.S.C. 1469d(d)) is
amended by inserting at the end the following:
``(e) Employment Security and Economic Development Assistance for
American Samoa.--
``(1) Technical assistance grants.--
``(A) The Secretary of the Interior is further
authorized to provide technical assistance to the
territory of American Samoa in the form of grants to
sellers and buyers of whole tuna directly delivered to
tuna processors located within American Samoa for
processing in American Samoa, in the following amounts:
``(i) For each processor of whole tuna
directly delivered to American Samoa for
processing, as `processing' is defined in
paragraph (6)(B): $200 per metric ton, provided
that this amount shall be adjusted each May 25
by a ratio equal to the ratio of any increase
in the federal minimum wage for American Samoa
as compared to the Federal minimum wage in
American Samoa the prior year.
``(ii) For each fishing vessel with a
United States fishery endorsement (issued
pursuant to section 12113 of title 46, United
States Code) and which is otherwise authorized
to fish for tuna in areas under the authority
of the Western Pacific Regional Fishery
Management Council or areas covered by the
United States South Pacific Tuna Treaty, or
which has an American Samoa Longline Limited
Access Permit (issued pursuant to the Fishery
Management Plan for Pelagic Fisheries of the
Western Pacific Region established under the
authority of section 1801 et seq. of title 18,
United States Code): $200 per metric ton.
``(iii) For each fishing vessel that does
not meet the requirements of clause (ii) but is
United States-documented pursuant to section
12103 of title 46, United States Code, and is
otherwise authorized to fish for tuna in areas
under the authority of the Western Pacific
Regional Fishery Management Council or areas
covered by the United States South Pacific Tuna
Treaty: $100 per metric ton.
``(B) A recipient of a grant under this subsection
may be eligible either as a seller of direct-delivered
whole tuna or as a processor buying direct-delivered
whole tuna, but not both.
``(C) Grants provided under this subsection shall
not be considered as gross income of the recipient for
purposes of the Internal Revenue Code of 1986.
``(D) Grant amounts provided under this subsection
shall not be subject to reduction by the Secretary for
any operation or maintenance set aside.
``(2) Collection of annual and transfer fees for the
benefit of economic development in american samoa.--
``(A) All vessels meeting the requirements of
clauses (ii) and (iii) of paragraph (1)(A) shall be
subject to a $250,000 annual fee due and payable to the
United States Treasury on January 31 each year for the
immediately prior calendar year. This annual fee shall
be waived for any calendar year for which the vessel
certifies to the Secretary that the vessel has made not
less than three direct deliveries in that calendar year
of whole tuna to processors on American Samoa for
processing in American Samoa.
``(B) Any vessel that is--
``(i) United States-documented pursuant to
section 12103 of title 46, United States Code;
``(ii) authorized to fish for tuna under
the United States South Pacific Tuna Treaty;
and
``(iii) delivers tuna to another vessel or
other location for the purposes of
transshipment,
shall be subject to a fee of 6.25 percent per metric
ton per each such delivery, regardless of the date
payment is received for the delivery. This fee shall be
payable to the United States Treasury and shall be due
no later than 30 days after the date of delivery.
``(3) Creation of the american samoa economic development
trust fund.--
``(A) There is created within the Treasury of the
United States a trust fund to be known as the `American
Samoa Economic Development Trust Fund' (in this
subsection referred to as the `Trust Fund'), consisting
of such amounts as may be credited or appropriated to
the Trust Fund under this subsection or any other
provision of law.
``(B) There is hereby appropriated to the Trust
Fund amounts equivalent to the amounts received in the
Treasury pursuant to subparagraphs (A) and (B) of
paragraph (2).
``(C) The Trust Fund shall be administered by the
Office of Insular Affairs of the Department of
Interior. The Office of Insular Affairs shall pay
monies from the Trust Fund to carry out the purposes of
paragraph (1)(A) of this subsection. The Office of
Insular Affairs may use any excess amounts to provide
financial assistance to the territory of American Samoa
in accordance with any of the Office's existing or
future programs.
``(4) Rulemaking.--Not later than 180 days after the date
of the enactment of this Act but prior to May 1, 2010,
whichever comes first, the Secretary shall prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out the provisions of this subsection.
Such regulations shall provide that the Technical Assistance
Division of the Office of Insular Affairs shall be responsible
for administering the provisions of this subsection and may not
delegate its duties with regard to this subsection to any
person or entity outside the Department of the Interior.
``(5) Authorizations and appropriations.--
``(A) There is hereby authorized and appropriated
to the Secretary of the Interior $25,000,000 for fiscal
year 2010 to carry out the purposes of paragraph
(1)(A). Further, there is hereby authorized such annual
sums as may be necessary to carry out the purposes of
paragraph (1)(A) in fiscal years after 2010. Sums
appropriated pursuant to this subparagraph (A) shall
remain available until expended, and shall not be
available for administration of this subsection by the
Department of the Interior.
``(B) There is authorized to be appropriated to the
Secretary $300,000 for the Salaries and Expenses
account of the Office of Insular Affairs to carry out
the duties of the Office of Insular Affairs under this
subsection, which amount shall remain available until
expended and shall be in addition to any other amount
appropriated to the Secretary for the Office of Insular
Affairs.
``(6) Definitions.--As used in the subsection-
``(A) Direct delivery.--The term `direct delivery'
means whole tuna caught by and moved from a fishing
vessel that meets the criteria in clause (ii) or (iii)
of paragraph (1)(A) directly to a processing facility
located in American Samoa, for preparation for end-user
consumption in the United States and its territories,
which shall include placing the product in consumer-
ready packaging. `Direct delivery' excludes the
delivery of frozen tuna loins.
``(B) Transshipment.--The term `transshipment'
means unloading any or all of the fish on board a
fishing vessel onto another vessel or entity for the
purpose of transporting that fish to another location
for processing.''.
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American Samoa Protection of Industry, Resources, and Employment Act or ASPIRE Act - States that the federal government should provide American Samoa with employment stabilization and economic development assistance, including incentives for the operation and development of its tuna processing industry.
Authorizes the Secretary of the Interior to provide technical assistance to American Samoa through grants in specified per metric ton amounts to sellers and buyers of whole tuna directly delivered to tuna processors located within American Samoa for processing in American Samoa.
States that a grantee may be eligible either as a seller of direct-delivered whole tuna or as a processor buying direct-delivered whole tuna.
Exempts such grants from inclusion as gross income under the Internal Revenue Code.
Establishes: (1) an annual fee for vessels that make less than three direct deliveries of whole tuna to processors on American Samoa for processing in American Samoa; and (2) a per ton fee for each delivery by a U.S.-documented vessel that delivers tuna to another vessel or other location for transshipment.
Establishes within the Treasury the American Samoa Economic Development Trust Fund.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Class Action Fairness Act of 1998''.
SEC. 2. NOTIFICATION REQUIREMENT OF CLASS ACTION CERTIFICATION OR
SETTLEMENT.
(a) In General.--Part V of title 28, United States Code, is amended
by inserting after chapter 113 the following new chapter:
``CHAPTER 114--CLASS ACTIONS
``Sec.
``1711. Definitions.
``1712. Application.
``1713. Notification of class action certifications and settlements.
``1714. Limitation on attorney's fees in class actions.
``Sec. 1711. Definitions
``In this chapter the term--
``(1) `class' means a group of persons that comprise
parties to a civil action brought by 1 or more representative
persons;
``(2) `class action' means a civil action filed pursuant to
rule 23 of the Federal Rules of Civil Procedure or similar
State rules of procedure authorizing an action to be brought by
1 or more representative persons on behalf of a class;
``(3) `class certification order' means an order issued by
a court approving the treatment of a civil action as a class
action;
``(4) `class member' means a person that falls within the
definition of the class;
``(5) `class counsel' means the attorneys representing the
class in a class action;
``(6) `plaintiff class action' means a class action in
which class members are plaintiffs; and
``(7) `proposed settlement' means a settlement agreement
between or among the parties in a class action that is subject
to court approval before the settlement becomes binding on the
parties.
``Sec. 1712. Application
``This chapter shall apply to--
``(1) all plaintiff class actions filed in Federal court;
and
``(2) all plaintiff class actions filed in State court in
which--
``(A) any class member resides outside the State in
which the action is filed; and
``(B) the transaction or occurrence that gave rise
to the class action occurred in more than 1 State.
``Sec. 1713. Notification of class action certifications and
settlements
``(a) No later than 10 days after a proposed settlement in a class
action is filed in court, class counsel shall serve the State attorney
general of each State in which a class member resides and the
Department of Justice as if such attorneys general and the Department
were parties in the class action with--
``(1) a copy of the complaint and any materials filed with
the complaint and any amended complaints;
``(2) notice of any scheduled judicial hearing in the class
action;
``(3) any proposed or final notification to class members
of--
``(A) the members' rights to request exclusion from
the class action; and
``(B) a proposed settlement of a class action;
``(4) any proposed or final class action settlement;
``(5) any settlement or other agreement contemporaneously
made between class counsel and counsel for the defendants;
``(6) any final judgment or notice of dismissal;
``(7)(A) if feasible the names of class members who reside
in each State attorney general's respective State and the
estimated proportionate claim of such members to the entire
settlement; or
``(B) if the provision of information under subparagraph
(A) is not feasible, a reasonable estimate of the number of
class members residing in each attorney general's State and the
estimated proportionate claim of such members to the entire
settlement; and
``(8) any written judicial opinion relating to the
materials described under paragraphs (3) through (6).
``(b) A hearing to consider final approval of a proposed settlement
may not be held earlier than 120 days after the date on which the State
attorneys general and the Department of Justice are served notice under
subsection (a).
``(c) Any court with jurisdiction over a plaintiff class action
shall require that--
``(1) any written notice provided to the class through the
mail or publication in printed media contain a short summary
written in plain, easily understood language, describing--
``(A) the subject matter of the class action;
``(B) the legal consequences of joining the class
action;
``(C) the ability of a class member to seek removal
of the class action to Federal court if--
``(i) the action is filed in a State court;
and
``(ii) Federal jurisdiction would apply to
such action under section 1332(d);
``(D) if the notice is informing class members of a
proposed settlement agreement--
``(i) the benefits that will accrue to the
class due to the settlement;
``(ii) the rights that class members will
lose or waive through the settlement;
``(iii) obligations that will be imposed on
the defendants by the settlement;
``(iv) a good faith estimate of the dollar
amount of any attorney's fee if possible; and
``(v) an explanation of how any attorney's
fee will be calculated and funded; and
``(E) any other material matter; and
``(2) any notice provided through television or radio to
inform the class members of the right of each member to be
excluded from a class action or a proposed settlement shall, in
plain, easily understood language--
``(A) describe the persons who may potentially
become class members in the class action; and
``(B) explain that the failure of a person falling
within the definition of the class to exercise such
person's right to be excluded from a class action will
result in the person's inclusion in the class action.
``(d) Compliance with this section shall not provide immunity to
any party from any legal action under Federal or State law, including
actions for malpractice or fraud.
``(e)(1) A class member may refuse to comply with and may choose
not to be bound by a settlement agreement or consent decree in a class
action if the class member resides in a State where the State attorney
general has not been provided notice and materials under subsection
(a).
``(2) The rights created by this subsection shall apply only to
class members or any person acting on a class member's behalf, and
shall not be construed to limit any other rights affecting a class
member's participation in the settlement.
``(f) Nothing in this section shall be construed to impose any
obligations, duties, or responsibilities upon State attorneys general
or the Attorney General of the United States.
``Sec. 1714. Limitation on attorney's fees in class actions
``In any class action, the total attorneys' fees and expenses
awarded by the court to counsel for the plaintiff class may not exceed
a reasonable percentage of the amount of--
``(1) any damages and prejudgment interest actually paid to
the class; and
``(2) costs actually incurred by all defendants in
complying with the terms of an injunctive order or settlement
agreement.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part V of title 28, United States Code, is amended by inserting after
the item relating to chapter 113 the following:
``114. Class Actions........................................... 1711''.
SEC. 3. DIVERSITY JURISDICTION FOR CLASS ACTIONS.
Section 1332 of title 28, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d)(1) In this subsection, the terms `class', `class action', and
`class certification order' have the meanings given such terms under
section 1711.
``(2) The district courts shall have original jurisdiction of any
civil action where the matter in controversy exceeds the sum or value
of $75,000, exclusive of interest and costs, and is a class action in
which--
``(A) any member of a class of plaintiffs is a citizen of a
State different from any defendant;
``(B) any member of a class of plaintiffs is a foreign
state or a citizen or subject of a foreign state and any
defendant is a citizen of a State; or
``(C) any member of a class of plaintiffs is a citizen of a
State and any defendant is a foreign state or a citizen or
subject of a foreign state.
``(3) In any class action, the claims of the individual members of
any class shall be aggregated to determine whether the matter in
controversy exceeds the sum or value of $75,000, exclusive of interest
and costs.
``(4) This subsection shall apply to any class action before or
after the entry of a class certification order by the court.
``(5) A district court shall dismiss any civil action if--
``(A) the action is subject to the jurisdiction of the
court solely under this subsection; and
``(B) the court determines the action may not proceed as a
class action under rule 23 of the Federal Rules of Civil
Procedure.''.
SEC. 4. REMOVAL OF CLASS ACTIONS TO FEDERAL COURT.
(a) In General.--Chapter 89 of title 28, United States Code, is
amended by adding after section 1452 the following:
``Sec. 1453. Removal of class actions
``(a) In this section, the terms `class', `class action', and
`class member' have the meanings given such terms under section 1711.
``(b) A class action may be removed to a district court of the
United States in accordance with this chapter, except that such action
may be removed--
``(1) by any defendant without the consent of all
defendants; or
``(2) by any plaintiff class member who is not a named or
representative class member without the consent of all members
of such class.
``(c) This section shall apply to any class action before or after
the entry of any order certifying a class.
``(d) The provisions of section 1446 relating to a defendant
removing a case shall apply to a plaintiff removing a case under this
section, except that in the application of subsection (b) of such
section the requirement relating to the 30-day filing period shall be
met if a plaintiff class member files notice of removal within 30 days
after receipt by such class member, through service or otherwise, of
the initial written notice of the class action.''.
(b) Removal Limitation.--Section 1446(b) of title 28, United States
Code, is amended in the second sentence by inserting ``(a)'' after
``section 1332''.
(c) Technical and Conforming Amendments.--The table of sections for
chapter 89 of title 28, United States Code, is amended by adding after
the item relating to section 1452 the following:
``1453. Removal of class actions.''.
SEC. 5. REPRESENTATIONS AND SANCTIONS UNDER RULE 11 OF THE FEDERAL
RULES OF CIVIL PROCEDURE.
Rule 11(c) of the Federal Rules of Civil Procedure is amended--
(1) in the first sentence by striking ``may, subject to the
conditions stated below,'' and inserting ``shall'';
(2) in paragraph (2) by striking the first and second
sentences and inserting ``A sanction imposed for violation of
this rule may consist of reasonable attorneys' fees and other
expenses incurred as a result of the violation, directives of a
nonmonetary nature, or an order to pay penalty into court or to
a party.''; and
(3) in paragraph (2)(A) by inserting before the period ``,
although such sanctions may be awarded against a party's
attorneys''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall--
(1) take effect 1 year after the date of enactment of this
Act; and
(2) apply to any civil action--
(A) pending on such effective date; or
(B) filed on or after such effective date.
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Class Action Fairness Act of 1998 - Amends the Federal judicial code to require that, no later than ten days after a proposed settlement in a class action is filed in court, the attorneys representing the class in a class action serve the attorney general of each State (State AGs) in which a class member resides and the Department of Justice (DOJ) with specified information, including notice of a proposed settlement.
Prohibits the holding of a hearing to consider final approval of a proposed settlement earlier than 120 days after the date on which the State AGs and DOJ are served notice.
Requires any court with jurisdiction over a plaintiff class action to require that: (1) any written notice provided to the class through the mail or publication in printed media contain a short summary written in plain, easily understood language describing the subject matter of the class action, the legal consequences of joining such action, the ability of a class member to seek removal of the action to Federal court if the action is filed in a State court and Federal jurisdiction would apply, and, if the notice is informing class members of a proposed settlement agreement, specified information; and (2) any notice provided through television or radio to inform class members of their rights to be excluded from a class action or a proposed settlement describe, in plain, easily understood language, the persons who may potentially become class members and explain that the failure of persons falling within the definition of the class to exercise their right to be excluded from a class action will result in such persons' inclusion in such action.
Authorizes a class member to refuse to comply with, and choose not to be bound by, a settlement agreement or consent decree in a class action if the class member resides in a State where the State AG has not been provided notice and materials under this Act.
Limits attorney's fees and expenses awarded to counsel for plaintiffs in class actions to a reasonable percentage of: (1) any damages and prejudgment interest actually paid to the class; and (2) costs actually incurred by all defendants in complying with injunctive orders or settlement agreements.
(Sec. 3) Grants district courts original jurisdiction in class actions involving diversity jurisdiction where the matter in controversy exceeds $75,000 (based on aggregated individual claims of class members), exclusive of interest and costs.
(Sec. 4) Authorizes removal of class actions to a district court by any: (1) defendant without the consent of all defendants; or (2) plaintiff class member who is not a named or representative member without the consent of all members.
(Sec. 5) Amends the Federal Rules of Civil Procedure to require (currently, authorizes) the imposition of sanctions for the filing of frivolous lawsuits and the making of other specified misrepresentations to the court.
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Provide a condensed version of the following text: SECTION 1. DEFINITIONS.
Section 4131 of the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. 7141) is amended by adding at the end the following:
``(7) Abuse.--The term `abuse', used with respect to an
inhalant, means the intentional breathing of gas or vapors from
the inhalant for the purpose of achieving an altered state of
consciousness.
``(8) Drug.--The term `drug' includes a substance that is
an inhalant, whether or not possession or consumption of the
substance is legal.
``(9) Inhalant.--The term `inhalant' means a product that--
``(A) may be a legal, commonly available product;
and
``(B) has a useful purpose but can be abused, such
as spray paint, glue, gasoline, correction fluid,
furniture polish, a felt tip marker, pressurized
whipped cream, an air freshener, butane, or cooking
spray.
``(10) Use.--The term `use', used with respect to an
inhalant, means abuse of the inhalant.''.
SEC. 2. FINDINGS.
Section 4002 of the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. 7102) is amended--
(1) in paragraph (2), by inserting ``, and the abuse of
inhalants,'' after ``other drugs'';
(2) in paragraph (5), by striking ``and the illegal use of
alcohol and drugs'' and inserting ``, the illegal use of
alcohol and drugs, and the abuse of inhalants'';
(3) in paragraph (7), by striking ``and tobacco'' each
place it appears and inserting ``, tobacco, and inhalants'';
(4) in paragraph (9), by striking ``and illegal drug use''
and inserting ``, illegal drug use, and inhalant abuse''; and
(5) by adding at the end the following:
``(11)(A) The number of children using inhalants has
doubled during the 10-year period preceding 1999. Inhalants are
the third most abused class of substances by children age 12
through 14 in the United States, behind alcohol and tobacco.
One of 5 students in the United States has tried inhalants by
the time the student has reached the 8th grade.
``(B) Inhalant vapors react with fatty tissues in the
brain, literally dissolving the tissues. A single use of
inhalants can cause instant and permanent brain, heart, kidney,
liver, and other organ damage. The user of an inhalant can
suffer from Sudden Sniffing Death Syndrome, which can cause a
user to die the first, tenth, or hundredth time the user uses
an inhalant.
``(C) Because inhalants are legal, education on the dangers
of inhalant abuse is the most effective method of preventing
the abuse of inhalants.''.
SEC. 3. PURPOSE.
Section 4003 of the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. 7103) is amended in the matter preceding paragraph
(1) by inserting ``and abuse of inhalants'' after ``and drugs''.
SEC. 4. GOVERNOR'S PROGRAMS.
Section 4114(c)(2) of the Safe and Drug-Free Schools and
Communities Act of 1994 (20 U.S.C. 7114(c)(2)) is amended by inserting
``(including inhalant abuse education)'' after ``drug and violence
prevention''.
SEC. 5. DRUG AND VIOLENCE PREVENTION PROGRAMS.
Section 4116 of the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. 7116) is amended--
(1) in subsection (a)(1)(A), by inserting ``, and the abuse
of inhalants,'' after ``illegal drugs''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``and the abuse of
inhalants'' after ``use of illegal drugs''; and
(ii) by inserting ``and abuse inhalants''
after ``use illegal drugs''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``(including age appropriate
inhalant abuse prevention programs for all
students, from the preschool level through
grade 12)'' after ``drug prevention''; and
(ii) in subparagraph (C), by inserting
``and inhalant abuse'' after ``drug use''.
SEC. 6. FEDERAL ACTIVITIES.
Section 4121(a) of the Safe and Drug-Free Schools and Communities
Act of 1994 (20 U.S.C. 7131(a)) is amended in the first sentence by
striking ``illegal use of drugs'' and inserting ``illegal use of drugs,
the abuse of inhalants,''.
SEC. 7. MATERIALS.
Section 4132(a) of the Safe and Drug-Free Schools and Communities
Act of 1994 (20 U.S.C. 7142(a)) is amended by striking ``illegal use of
alcohol and other drugs'' and inserting ``illegal use of alcohol and
other drugs and the abuse of inhalants''.
SEC. 8. QUALITY RATING.
Section 4134(b)(1) of the Safe and Drug-Free Schools and
Communities Act of 1994 (20 U.S.C. 7144(b)(1)) is amended by inserting
``, and the abuse of inhalants,'' after ``tobacco''.
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Amends the Safe and Drug-Free Schools and Communities Act of 1994 to include prevention of the abuse of inhalants under its programs.
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Condense the following text into a summary: SECTION 1. FINDINGS.
Congress makes the following findings:
(1) A national institution in Washington, District of
Columbia, the Nation's Capital, that is dedicated to the
heritage of women does not exist.
(2) In the 34-year period beginning with 1963, only 2
exhibits were authorized on women's history at the National
Museum of American History.
(3) Less than 5 percent of the Nation's 2,200 National
Historic Landmarks are dedicated to women, and there are only
40 public outdoor statues of American women in our Nation.
(4) The historic contributions of women to civilization and
to our Nation have gone unnoted or are misunderstood, leaving a
gap in our Nation's historical record.
(5) Knowledge of one's heritage is critical in developing a
personal sense of competence and potential.
(6) Lack of appreciation for women's historic contributions
leads to a lack of value, understanding, and respect for women
and girls, and invites discrimination or violence against
females.
(7) A National Museum of Women's History is needed to
profile the specific achievements that individual women have
made to all aspects of human endeavor, and to explore and
celebrate the contributions that women have made in their
various roles in family and society.
SEC. 2. ADVISORY COMMITTEE.
There is established an advisory committee to be known as the
National Museum of Women's History Advisory Committee (in this Act
referred to as the ``Advisory Committee'').
SEC. 3. MEMBERSHIP.
(a) Composition.--The Advisory Committee shall be composed of 5 ex
officio nonvoting members and 21 voting members.
(b) Ex Officio Nonvoting Members.--The Advisory Committee shall be
composed of 5 ex officio nonvoting members, of whom--
(1) 1 member shall be appointed by the President;
(2) 1 member shall be appointed by the Secretary of the
Interior;
(3) 1 member shall be appointed by the Administrator of
General Services;
(4) 1 member shall be appointed by the Secretary of
Commerce; and
(5) 1 member shall be appointed by the Secretary of
Education.
(c) Voting Members.--The Advisory Committee shall be composed of 21
voting members, of whom--
(1) 1 member shall be appointed by the Speaker of the House
of Representatives, from among the Members of the House of
Representatives;
(2) 1 member shall be appointed by the Minority Leader of
the House of Representatives, from among the Members of the
House of Representatives;
(3) 1 member shall be appointed by the Majority Leader of
the Senate, from among the Members of the Senate;
(4) 1 member shall be appointed by the Minority Leader of
the Senate, from among the Members of the Senate;
(5) 5 members shall be appointed by the President of the
National Museum of Women's History, Inc., from among the
founding members of such Board or the members of such Board;
and
(6) 12 members shall be appointed by the President of the
National Museum of Women's History, Inc., in consultation with
the Secretary of the Interior, from among private citizens who
can contribute to the success of the Advisory Committee as
determined by such President--
(A) at least 5 of whom shall be appointed after
consultation with the Organization of American
Historians, the American Studies Association, the
American Historical Associations, the Women's Studies
Association, the American Association of Museums, and
other interested academic or professional
organizations; and
(B) at least 2 of whom shall be appointed on the
basis of their expertise in financial matters.
(d) Timeline.--Members of the Advisory Committee shall be appointed
not later than 30 days after the date of enactment of this Act.
(e) Limitation.--Effective 30 days after the date of enactment of
this Act, and notwithstanding subsections (a) through (d), the failure
of an appointing authority to appoint a member under subsection (b), or
under paragraph (1), (2), (3), or (4) of subsection (c), shall not
affect the ability of the Advisory Committee to meet and carry out the
functions of the Committee under this Act.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Advisory Committee shall conduct a thorough study
of all matters relating to--
(1) identifying and recommending a site for the National
Museum of Women's History in Washington, District of Columbia;
(2) developing a business plan for the creation and
maintenance of the National Museum of Women's History, which
shall be funded solely through private contributions by the
American people; and
(3) assisting with respect to the collection and programs
of the National Museum of Women's History.
(b) First Meeting.--The Advisory Committee shall hold the first
meeting of the Advisory Committee not later than 90 days after the date
of enactment of this Act.
(c) Final Report.--The Advisory Committee shall submit a final
report to Congress regarding the matters studied under subsection (a)
not later than 6 months after the date of the first meeting of the
Advisory Committee.
SEC. 5. ADMINISTRATIVE PROVISIONS.
From amounts available to the Secretary of the Interior, the
Secretary shall provide all necessary administrative services,
facilities, support, and funds necessary for the performance of the
duties of the Advisory Committee.
SEC. 6. COMPENSATION.
Each member of the Advisory Committee who is not an officer or
employee of the Federal Government may receive compensation for each
day such member is engaged in the performance of the duties of the
Advisory Committee at a daily rate to be determined by the Secretary of
the Interior. Such rate shall not exceed the maximum daily rate of pay
for a position classified above GS-15 under section 5108 of title 5,
United States Code.
SEC. 7. TRAVEL.
Members of the Advisory Committee shall be entitled to travel
expenses, including per diem in lieu of subsistence, as authorized
under sections 5702 and 5703 of title 5, United States Code, for
persons in the Federal Government service employed temporarily or
intermittently.
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Establishes the National Museum of Women's History Advisory Committee.
Directs the Advisory Committee to study matters relating to: (1) a site for the Museum in Washington, D.C.; (2) a business plan for the Museum's creation and maintenance, to be funded solely through private contributions; and (3) assisting the Museum's collection and programs.
Directs the Secretary of the Interior to provide administrative services, facilities, support, and funds for the performance of the Advisory Committee's duties.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio Spectrum Inventory Act''.
SEC. 2. SPECTRUM INVENTORY.
Part B of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 et seq.) is
amended by adding at the end the following:
``SEC. 119. SPECTRUM INVENTORY.
``(a) Radio Spectrum Inventory.--In order to promote the efficient
use of the electromagnetic spectrum, the NTIA and the Commission shall
coordinate and carry out each of the following activities not later
than 1 year after the date of enactment of this section:
``(1) Except as provided in subsection (e), create an
inventory of each radio spectrum band of frequencies listed in
the United States Table of Frequency Allocations, from 225
megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz
unless the NTIA and the Commission determine that the burden of
expanding the inventory outweighs the benefit, that includes--
``(A) the radio services authorized to operate in
each band of frequencies;
``(B) the identity of each Federal or non-Federal
user within each such radio service authorized to
operate in each band of frequencies;
``(C) the activities, capabilities, functions, or
missions (including whether such activities,
capabilities, functions, or missions are space-based,
air-based, or ground-based) supported by the
transmitters, end-user terminals or receivers, or other
radio frequency devices authorized to operate in each
band of frequencies;
``(D) the total amount of spectrum, by band of
frequencies, assigned or licensed to each Federal or
non-Federal user (in percentage terms and in sum) and
the geographic areas covered by their respective
assignments or licenses;
``(E) the approximate number of transmitters, end-
user terminals or receivers, or other radio frequency
devices authorized to operate, as appropriate to
characterize the extent of use of each radio service in
each band of frequencies;
``(F) an approximation of the extent to which each
Federal or non-Federal user is using, by geography,
each band of frequencies, such as the amount and
percentage of time of use, number of end users, or
other measures as appropriate to the particular band
and radio service; and
``(G) to the greatest extent possible--
``(i) contour maps or other information
that illustrate the coverage area, receiver
performance, and other parameters relevant to
an assessment of the availability of spectrum
in each band;
``(ii) for each band or range of
frequencies, the identity of each entity
offering unlicensed services and the types and
approximate number of unlicensed intentional
radiators verified or certified by the
Commission that are authorized to operate; and
``(iii) for non-Federal users, any
commercial names under which facilities-based
service is offered to the public using the
spectrum of the non-Federal user, including the
commercial names under which the spectrum is
being offered through resale.
``(2) Except as provided in subsection (e), create a
centralized portal or Web site to make the inventory of the
bands of frequencies required under paragraph (1) available to
the public.
``(b) Use of Agency Resources.--In creating the inventory described
in subsection (a)(1), the NTIA and the Commission shall first use
agency resources, including existing databases, field testing, and
recordkeeping systems, and only request information from Federal and
non-Federal users if such information cannot be obtained using such
agency resources.
``(c) Reports.--
``(1) In general.--Except as provided in subsection (e),
not later than 2 years after the date of enactment of this
section and biennially thereafter, the NTIA and the Commission
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and to the Committee on Energy
and Commerce of the House of Representatives containing--
``(A) the results of the inventory created under
subsection (a)(1), including any update to the
information in the inventory pursuant to subsection
(d);
``(B) a description of any information the NTIA or
the Commission determines is necessary for such
inventory but that is unavailable; and
``(C) a description of any information not provided
by any Federal or non-Federal user in accordance with
subsections (e)(1)(B)(ii) and (e)(2)(C)(ii).
``(2) Relocation report.--
``(A) In general.--Except as provided in subsection
(e), the NTIA and the Commission shall submit a report
to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives
containing a recommendation of which spectrum, if any,
should be reallocated or otherwise made available for
shared access and an explanation of the basis for that
recommendation.
``(B) Deadlines.--The report required under
subparagraph (A) shall be submitted not later than 2
years after the date of enactment of this section and
every 2 years thereafter.
``(3) Inventory report.--If the NTIA and the Commission
have not conducted an inventory under subsection (a) to 10
gigahertz at least 90 days before the third report required
under paragraph (1) is submitted, the NTIA and the Commission
shall include an evaluation in such report and in every report
thereafter of whether the burden of expanding the inventory to
10 gigahertz outweighs the benefit until such time as the NTIA
and the Commission have conducted the inventory to 10
gigahertz.
``(d) Maintenance and Updating of Information.--After the creation
of the inventory required by subsection (a)(1), the NTIA and the
Commission shall make all reasonable efforts to maintain and update the
information required under such subsection on a quarterly basis,
including when there is a transfer or auction of a license or a change
in a permanent assignment or license.
``(e) National Security and Public Safety Information.--
``(1) Nondisclosure.--
``(A) In general.--If the head of an executive
agency of the Federal Government determines that public
disclosure of certain information held by that agency
or a licensee of non-Federal spectrum and required by
subsection (a), (c), or (d) would reveal classified
national security information or other information for
which there is a legal basis for nondisclosure and such
public disclosure would be detrimental to national
security, homeland security, or public safety, the
agency head shall notify the NTIA of that determination
and shall include descriptions of the activities,
capabilities, functions, or missions (including whether
they are space-based, air-based, or ground-based)
supported by the information being withheld.
``(B) Information provided.--The agency head shall
provide to NTIA--
``(i) the publicly releasable information
required by subsection (a)(1);
``(ii) to the maximum extent practicable, a
summary description, suitable for public
release, of the classified national security
information or other information for which
there is a legal basis for nondisclosure; and
``(iii) a classified annex, under
appropriate cover, containing the classified
national security information or other
information for which there is a legal basis
for nondisclosure that the agency head has
determined must be withheld from public
disclosure.
``(2) Public safety nondisclosure.--
``(A) In general.--If a licensee of non-Federal
spectrum determines that public disclosure of certain
information held by that licensee and required to be
submitted by subsection (a), (c), or (d) would reveal
information for which public disclosure would be
detrimental to public safety, or the licensee is
otherwise prohibited by law from disclosing the
information, the licensee may petition the Commission
for a partial or total exemption from inclusion on the
centralized portal or Web site under subsection (a)(2)
and in the report required by subsection (c).
``(B) Burden.--The licensee seeking an exemption
under this paragraph bears the burden of justifying the
exemption and shall provide clear and convincing
evidence to support such an exemption.
``(C) Information required.--If an exemption is
granted under this paragraph, the licensee shall
provide to the Commission--
``(i) the publicly releasable information
required by subsection (a)(1) for the
inventory;
``(ii) to the maximum extent practicable, a
summary description, suitable for public
release, of the information for which public
disclosure would be detrimental to public
safety or the licensee is otherwise prohibited
by law from disclosing; and
``(iii) an annex, under appropriate cover,
containing the information that the Commission
has determined should be withheld from public
disclosure.
``(3) Additional disclosure.--The annexes required under
paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to the
congressional committees listed in subsection (c), but shall
not be disclosed to the public under subsection (a) or
subsection (d) or provided to any unauthorized person through
any other means.
``(4) National security council consultation.--Prior to the
release of the inventory under subsection (a), any updates to
the inventory resulting from subsection (d), or the submission
of a report under subsection (c)(1), the NTIA and the
Commission shall consult with the National Security Council for
a period not to exceed 30 days for the purposes of determining
what additional information, if any, shall be withheld from the
public.
``(f) Proprietary Information.--In creating and maintaining the
inventory, centralized portal or Web site, and reports under this
section, the NTIA and the Commission shall follow their rules and
practice regarding confidential and proprietary information. Nothing in
this subsection shall be construed to compel the Commission to make
publicly available any confidential or proprietary information.''.
Passed the House of Representatives April 14, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
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Radio Spectrum Inventory Act - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) to: (1) create and maintain an inventory of each radio spectrum band of frequencies listed in the United States Table of Frequency Allocations from 225 megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz unless the NTIA and the FCC determine that the burden of expanding the inventory outweighs the benefit; (2) create a portal or website to make the inventory available to the public; and (3) report to Congress.
Requires a report by the NTIA and FCC to Congress on which spectrum, if any, should be reallocated or otherwise made available for shared access.
Creates exceptions to the inventorying, public disclosure, and reporting requirements of this Act, including exceptions relating to: (1) national security, homeland security, and public safety; and (2) confidential and proprietary information.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Servicemember and Citizen
Protection Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In December 1997, the General Assembly of the United
Nations called for the convening of a diplomatic conference in
Rome, Italy, from June 15 through July 17, 1998, to adopt a
Convention on the Establishment of an International Criminal
Court.
(2) Pursuant to this call, the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an
International Criminal Court convened in Rome, Italy, and on
July 17, 1998, proposed the Statute of the International
Criminal Court for ``ratification, acceptance, or approval'' by
the member states of the United Nations.
(3) According to article 127 of the Statute of the
International Criminal Court, the Statute of the International
Criminal Court shall take effect upon the ``ratification,
acceptance, or approval'' of 60 member states.
(4) As of April 1, 2002, 57 member states have ratified,
accepted, or approved the Statute of the International Criminal
Court.
(5) According to articles 12 and 25 of the Statute of the
International Criminal Court, the jurisdiction of the
International Criminal Court shall extend to individual United
States citizens even if the United States does not ``ratify,
accept, or approve'' the Statute of the International Criminal
Court.
(6) As of April 1, 2002, the United States Senate has not
ratified the Statute of the International Criminal Court, and
although a designee of former President William J. Clinton has
signed that statute on behalf of the United States, President
George W. Bush has indicated that he will not submit the
Statute of the International Criminal Court to the United
States Senate, as provided for in article II, section 2 of the
Constitution of the United States.
(7) According to article VI of the Constitution of the
United States, the Statute of the International Criminal Court,
bearing only the signature of a person authorized by the
President of the United States, cannot be the supreme law of
the land because the statute, since it has not been ratified by
the United States Senate pursuant to article II, section 2 of
the Constitution, has not been ``made under the authority of
the United States''.
(8) According to the 1969 Vienna Convention on the Law of
Treaties, no nation may be bound by a treaty to which that
nation has not consented; therefore the United States, which
has not consented to the Statute of the International Criminal
Court in the manner prescribed by the Constitution of the
United States, cannot be bound by the Statute of the
International Criminal Court even if 60 countries ratify,
accept, or approve it.
(9) The Statute of the International Criminal Court is an
ultra vires act, wholly unauthorized by the Charter of the
United Nations, since it was enacted by a Conference of
Diplomats convened by the United Nations General Assembly in
contravention of the powers of the United Nations Security
Council which, under the Charter of the United Nations, alone
has primary responsibility for the maintenance of international
peace and security.
(10) The Statute of the International Criminal Court also
contravenes the principle of government only by the consent of
the governed that is enshrined in the American national
charter, the Declaration of Independence, because the
International Criminal Court claims jurisdiction over citizens
of the United States without their consent or without the
consent of the United States Government.
(11) The Statute of the International Criminal Court also
contravenes the principles of separation of powers, federalism,
and trial by jury that are guaranteed by the Constitution of
the United States, because the International Criminal Court has
been endowed with legislative, executive, and judicial powers
and with criminal jurisdiction without regard to the
jurisdiction of the United States and the several States.
(12) The International Criminal Court, by design and
effect, is an illegitimate court, established contrary to the
provisions of the Charter of the United Nations, the American
Declaration of Independence, and the Constitution of the United
States, and as such, puts United States citizens in jeopardy of
unlawful and unconstitutional criminal prosecution, with
members of the United States Armed Forces placed especially at
risk of politically motivated arrests, prosecutions, fines, and
imprisonments for acts engaged in for the protection of the
sovereignty and independence of the United States.
(13) United States citizens generally, and members of the
United States Armed Forces in particular, deserve the full
protection of the Constitution of the United States--the very
body of law the members of the Armed Forces risk life and limb
to protect.
SEC. 3. RESCISSION OF SIGNATURE.
The President of the United States should formally rescind the
signature approving the Statute of the International Criminal Court
made on behalf of the United States and should take such steps as are
necessary to prevent the establishment of the International Criminal
Court.
SEC. 4. PROHIBITION OF FUNDS.
No funds appropriated or otherwise made available by the United
States Government for any purpose may be used in any manner for the
establishment or operation of the International Criminal Court.
SEC. 5. PROTECTION OF MEMBERS OF THE UNITED STATES ARMED FORCES AND
UNITED STATES CITIZENS AND NATIONALS.
(a) Actions Against Members of the Armed Forces.--Any action taken
by or on behalf of the International Criminal Court against any member
of the United States Armed Forces shall be considered to be an act of
aggression against the United States.
(b) Actions Against United States Citizens or Nationals.--Any
action taken by or on behalf of the International Criminal Court
against any individual who is a citizen or national of the United
States shall be considered to be an offense against the law of nations.
SEC. 6. PENALTIES.
Any person who knowingly violates section 4 shall be fined not more
than $50,000, or imprisoned not more than 5 years, or both.
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American Servicemember and Citizen Protection Act of 2002 - Urges the President to formally rescind the signature approving the Statute of the International Criminal Court made on behalf of the United States and to take necessary steps to prevent the Court's establishment. Prohibits the use of appropriated funds for the establishment or operation of the Court.Declares that any action taken by or on behalf of the Court: (1) against any member of the U.S. armed forces shall be considered an act of aggression against the United States; or (2) against any U.S. citizen or national shall be considered an offense against the law of nations. Sets forth both civil and criminal penalties against any person who knowingly violates the requirements of this Act.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Death
Penalty Act of 1993''.
SEC. 2. ESTABLISHMENT OF DEATH PENALTY FOR KILLING FEDERAL LAW
ENFORCEMENT OFFICERS.
Section 1114 of title 18, United States Code, is amended--
(1) by inserting after ``except that any such person'' the
following: ``who is found guilty of first degree murder shall
also be subject to the penalty of death in accordance with
chapter 228 of this title and any such person''; and
(2) by adding at the end ``Whoever kills a State or local
law enforcement officer, while such officer is in the course of
duty assisting a Federal law enforcement officer whose killing
is a violation of this section, shall be subject to the same
punishment as is provided under this section for the killing of
such Federal law enforcement officer in the same
circumstances.''.
SEC. 3. DEATH PENALTY PROCEDURES.
(a) In General.--Title 18 of the United States Code is amended by
inserting after chapter 227 the following:
``CHAPTER 228--DEATH PENALTY PROCEDURES
``Sec.
``3591. Sentence of death.
``3592. Factors to be considered in determining whether a sentence of
death is justified.
``3593. Special hearing to determine whether a sentence of death is
justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``Sec. 3591. Sentence of death
``A defendant who commits an offense under section 1114 of this
title for which the death penalty may be imposed shall be sentenced to
death if, after consideration of the factors set forth in section 3592
of this title in the course of a hearing held pursuant to section 3593
of this title, it is determined that imposition of a sentence of death
is justified. However, no person may be sentenced to death who was less
than 18 years of age at the time of the offense.
``Sec. 3592. Factors to be considered in determining whether a sentence
of death is justified
``(a) Mitigating Factors.--In determining whether a sentence of
death is justified for any offense, the jury, or if there is no jury,
the court, shall consider each of the following mitigating factors and
determine which, if any, exist:
``(1) Mental capacity.--The defendant's mental capacity was
significantly impaired, although the impairment was not such as
to constitute a defense to prosecution.
``(2) Duress.--The defendant was under unusual and
substantial duress, although not such duress as would
constitute a defense to prosecution.
``(3) Participation in offense minor.--The defendant was an
accomplice whose participation in the offense was relatively
minor.
The jury, or if there is no jury, the court, shall consider whether any
other mitigating factor exists.
``(b) Aggravating Factors.--In determining whether a sentence of
death is justified the jury, or if there is no jury, the court, shall
consider each of the following aggravating factors and determine which,
if any, exist:
``(1) Previous conviction of offense for which a sentence
of death or life imprisonment was authorized.--The defendant
has previously been convicted of another Federal or State
offense resulting in the death of a person, for which a
sentence of life imprisonment or death was authorized by
statute.
``(2) Previous conviction of other serious offenses.--The
defendant has previously been convicted of two or more Federal
or State offenses, each punishable by a term of imprisonment of
more than one year, committed on different occasions, involving
controlled substances or the infliction of, or attempted
infliction of, serious bodily injury or death upon another
person.
``(3) Grave risk of death to additional persons.--The
defendant, in the commission of the offense, knowingly created
a grave risk of death to one or more persons in addition to the
victim of the offense.
``(4) Heinous, cruel, or depraved manner of commission.--
The defendant committed the offense in an especially heinous,
cruel, or depraved manner.
``(5) Procurement of the offense by payment.--The defendant
procured the commission of the offense by payment, or promise
of payment, of anything of pecuniary value.
``(6) Commission of the offense for payment.--The defendant
committed the offense as consideration for the receipt, or in
the expectation of the receipt, of anything of pecuniary value.
``(7) Substantial planning and premeditation.--The
defendant committed the offense after substantial planning and
premeditation.
``(8) Vulnerability of victim.--The victim was particularly
vulnerable due to old age, youth, or infirmity.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor exists.
``Sec. 3593. Special hearing to determine whether a sentence of death
is justified
``(a) Notice by the Government.--If, in a case involving an offense
described in section 3591 of this title, the attorney for the
Government believes that the circumstances of the offense are such that
a sentence of death is justified under this chapter, such attorney
shall, a reasonable time before the trial, or before acceptance by the
court of a plea of guilty, or at such time thereafter as the court may
permit upon a showing of good cause, sign and file with the court, and
serve on the defendant, a notice--
``(1) stating that the Government believes that the
circumstances of the offense are such that, if the defendant is
convicted, a sentence of death is justified under this chapter;
and
``(2) setting forth the aggravating factor or factors,
including a factor or factors not specifically enumerated in
section 3592, that the Government, if the defendant is
convicted, proposes to prove as justifying a sentence of death.
The court may permit the attorney for the Government to amend the
notice upon a showing of good cause.
``(b) Hearing Before a Court or Jury.--If the attorney for the
Government has filed a notice as required under subsection (a) of this
section and the defendant is found guilty of an offense described in
section 3591 of this title, the judge who presided at the trial or
before whom the guilty plea was entered, or another judge if that judge
is unavailable, shall conduct a separate sentencing hearing to
determine the punishment to be imposed. Before such a hearing, no
presentence report shall be prepared by the United States Probation
Service, notwithstanding the provisions of the Federal Rules of
Criminal Procedure. The hearing shall be conducted--
``(1) before the jury that determined the defendant's
guilt;
``(2) before a jury impaneled for the purpose of the
hearing if--
``(A) the defendant was convicted upon a plea of
guilty;
``(B) the defendant was convicted after a trial
before the court sitting without a jury;
``(C) the jury that determined the defendant's
guilt was discharged for good cause; or
``(D) after initial imposition of a sentence under
this section, reconsideration of the sentence under the
section is necessary; or
``(3) before the court alone, upon motion of the defendant
and with the approval of the attorney for the Government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members,
unless, at any time before the conclusion of the hearing, the parties
stipulate, with the approval of the court, that it shall consist of a
lesser number.
``(c) Proof of Mitigating and Aggravating Factors.--At the hearing,
information may be presented as to any matter relevant to the sentence,
including any mitigating or aggravating factor permitted or required to
be considered under section 3592 of this title. Information presented
may include the trial transcript and exhibits if the hearing is held
before a jury or judge not present during the trial. Any other
information relevant to a mitigating or aggravating factor may be
presented by either the attorney for the Government or the defendant,
regardless of its admissibility under the rules governing admission of
evidence at criminal trials, except that information may be excluded if
its probative value is outweighed by the danger of creating unfair
prejudice, confusing the issues, or misleading the jury. The attorney
for the Government and for the defendant shall be permitted to rebut
any information received at the hearing, and shall be given fair
opportunity to present argument as to the adequacy of the information
to establish the existence of any aggravating or mitigating factor, and
as to the appropriateness of imposing a sentence of death in the case.
The attorney for the Government shall open the argument. The defendant
shall be permitted to reply. The attorney for the Government shall then
be permitted to reply in rebuttal. The burden of establishing the
existence of an aggravating factor is on the Government, and is not
satisfied unless the existence of such a factor is established beyond a
reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless the
existence of such a factor is established by a preponderance of the
information.
``(d) Return of Special Findings.--The jury, or if there is no
jury, the court, shall consider all the information received during the
hearing. It shall return special findings with respect to the
mitigating and aggravating factors concerning which information is
received at the hearing, stating--
``(1) whether some mitigating factor required to be
considered under section 3592 exists;
``(2) whether some aggravating factor required to be
considered under section 3592 exists; and
``(3) which specific mitigating or aggravating factor or
factors exist.
A finding under paragraph (1) or (2) that some mitigating or
aggravating factor exists must be unanimous. A finding under paragraph
(3) that a specific mitigating or aggravating factor exists may be made
by a majority of at least nine members of the jury.
``(e) Return of a Finding Concerning a Sentence of Death.--If, in
the case of an offense described in section 3591, an aggravating factor
required to be considered under section 3592 is found to exist, the
jury, or if there is no jury, the court, shall then consider whether
the aggravating factor or factors found to exist sufficiently outweigh
all the mitigating factors found to exist to justify a sentence of
death, or, in the absence of a mitigating factor, whether the
aggravating factor or factors alone are sufficient to justify a
sentence of death. Based upon this consideration, the jury by unanimous
vote, or if there is no jury, the court, shall return a finding as to
whether a sentence of death is justified. The jury or the court,
regardless of its findings with respect to aggravating and mitigating
factors, is never required to impose a death sentence and the jury
shall be so instructed.
``(f) Special Precaution to Assure Against Discrimination.--In a
hearing held before a jury, the court, before the return of a finding
under subsection (e) of this section, shall instruct the jury that, in
considering whether a sentence of death is justified, it shall not
consider the race, color, national origin, creed, or sex of the
defendant or of any victim. The jury, upon return of a finding under
subsection (e) of this section, shall also return to the court a
certificate, signed by each juror, that consideration of the race,
color, national origin, creed, or sex of the defendant or any victim
was not involved in reaching the juror's individual decision.
``Sec. 3594. Imposition of a sentence of death
``Upon a finding under section 3593(e) of this title that a
sentence of death is justified, the court shall sentence the defendant
to death. Upon finding under section 3593(e) of this title that no
aggravating factor required to be found exists or that a sentence of
death is not justified, the court shall impose any sentence other than
death that is authorized by law.
``Sec. 3595. Review of a sentence of death
``(a) Appeal.--In a case in which a sentence of death is imposed,
the sentence shall be subject to review by the court of appeals upon
appeal by the defendant. Notice of appeal must be filed within the time
specified for the filing of a notice of appeal. An appeal under this
section may be consolidated with an appeal of the judgment of
conviction and shall have priority over all other cases.
``(b) Review.--The court of appeals shall review the entire record
in the case, including--
``(1) the evidence submitted during the trial;
``(2) the information submitted during the sentencing
hearing;
``(3) the procedure employed in the sentencing hearing; and
``(4) the special findings returned under section 3593(d)
of this title.
``(c) Decision and Disposition.--
``(1) If the court of appeals determines that--
``(A) the sentence of death was not imposed under
the influence of passion, prejudice, or any other
arbitrary factor; and
``(B) the information supports the special findings
of the existence of an aggravating factor or factors;
it shall affirm the sentence.
``(2) In any other case, the court of appeals shall remand
the case for reconsideration under section 3593 or for
imposition of another authorized sentence as appropriate.
``(3) The court of appeals shall state in writing the
reasons for its disposition of an appeal of sentence of death
under this section.
``Sec. 3596. Implementation of sentence of death
``A person who has been sentenced to death pursuant to this chapter
shall be committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment of conviction
and for review of the sentence. When the sentence is to be implemented,
the Attorney General shall release the person sentenced to death to the
custody of a United States marshal, who shall supervise implementation
of the sentence in the manner prescribed by law of the State in which
the sentence is imposed. If the law of such State does not provide for
implementation of a sentence of death, the court shall designate
another State, the law of which does so provide, and the sentence shall
be implemented in the manner prescribed by such law. A sentence of
death shall not be carried out upon a person who lacks the mental
capacity to understand the death penalty and why it was imposed on that
person, or upon a woman while she is pregnant.
``Sec. 3597. Use of State facilities
``A United States marshal charged with supervising the
implementation of a sentence of death may use appropriate State or
local facilities for the purpose, may use the services of an
appropriate State or local official or of a person such as an official
employed for the purpose, and shall pay the costs thereof in the amount
approved by the Attorney General.''.
(b) Clerical Amendment to Chapter Analysis.--Title 18, United
States Code, is amended in the chapter analysis of part II, by adding
the following new item after the item relating to chapter 227:
``228. Death penalty procedures............................. 3591''.
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Law Enforcement Officers Death Penalty Act of 1993 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Subjects anyone who kills a State or local law enforcement officer, while such officer is in the course of duty assisting such a Federal law enforcement officer, to the same punishment as is provided for the killing of the Federal officer in the same circumstances. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age at the time of the offense may be sentenced to death.
Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed.
Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely.
Provides that no presentence report shall be prepared in such cases.
Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury.
Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Specifies that: (1) the jury or the court is never required to impose a death sentence; and (2) the jury shall be so instructed.
Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence.
Establishes procedures for: (1) appeal from a death sentence; and (2) implementation of such sentence.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Two Floods and You Are Out of the
Taxpayers' Pocket Act of 1999''.
SEC. 2. FLOOD LOSS REDUCTION FOR REPETITIVE FLOOD INSURANCE CLAIM
PROPERTIES.
Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c) is amended--
(1) in subsection (a), by inserting after the first
sentence the following new sentence: ``In awarding grants under
this section for mitigation activities, the Director shall give
priority to properties for which repetitive flood insurance
claim payments have been made.'';
(2) in the last sentence of subsection (c), by inserting
before the period the following: ``, and shall address
properties in the area for which repetitive flood insurance
claim payments have been made''.
(3) in subsection (f), by striking paragraph (3) and
inserting the following new paragraph:
``(3) Waiver.--The Director may waive the dollar amount
limitations under paragraphs (1) and (2) for any State or
community--
``(A) for any 5-year period when a major disaster
or emergency declared by the President (pursuant to the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)) as a result of
flood conditions is in effect with respect to areas in
the State or community; or
``(B) whenever the Director determines that the
State or community has properties for which repetitive
flood insurance claim payments have been made and that
waiver of the cost limitations is cost-effective and in
the best interests of the National Flood Insurance
Fund.''.
SEC. 3. NATIONAL FLOOD MITIGATION FUND.
(a) Credits.--Section 1367(b) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104d(b)) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) amounts from the National Flood Insurance Fund, in
amounts not exceeding $70,000,000 in each of fiscal years 2000,
2001, 2002, and 2003, of which all amounts made available under
this paragraph in excess of $20,000,000 in each such fiscal
year shall be used only under section 1366 for mitigation
activities for properties for which repetitive flood insurance
claim payments have been made, such sums to remain available
until expended;'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) any amounts which may be appropriated for the Fund,
which are authorized to be appropriated in amounts not
exceeding $50,000,000 in each of fiscal years 2000, 2001, 2002,
and 2003, which amounts shall be used only under section 1366
for mitigation activities for properties for which repetitive
flood insurance claim payments have been made, such sums to
remain available until expended.''.
SEC. 4. CONSOLIDATION OF AUTHORIZATIONS.
(a) In General.--The National Flood Insurance Act of 1968 is
amended as follows:
(1) Borrowing authority.--In the first sentence of section
1309(a) (42 U.S.C. 4016(a)), by striking ``through September''
and all that follows through ``, and'' and inserting the
following: ``through the date specified in section 1319, and''.
(2) Authority for contracts.--In section 1319 (42 U.S.C.
4026), by striking ``after'' and all that follows and inserting
``after September 30, 2004.''.
(3) Emergency implementation.--In section 1336(a) (42
U.S.C. 4056(a)), by striking ``during the period'' and all that
follows through ``in accordance'' and inserting ``during the
period ending on the date specified in section 1319, in
accordance''.
(4) Authorization of appropriations for studies.--In
section 1376(c) (42 U.S.C. 4127(c)), by striking ``through''
and all that follows and inserting the following: ``through the
date specified in section 1319.''.
SEC. 5. CHARGEABLE PREMIUM RATES.
(a) Actuarial Rate Properties.--Section 1308 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4015) is amended by striking
subsection (c) and inserting the following new subsection:
``(c) Actuarial Rate Properties.--Subject only to the limitation
provided under paragraph (1), the chargeable rate shall not be less
than the applicable estimated risk premium rate for such area (or
subdivision thereof) under section 1307(a)(1) with respect to the
following properties:
``(1) Post-firm properties.--Any property the construction
or substantial improvement of which the Director determines has
been started after December 31, 1974, or started after the
effective date of the initial rate map published by the
Director under paragraph (2) of section 1360 for the area in
which such property is located, whichever is later, except that
the chargeable rate for properties under this paragraph shall
be subject to the limitation under subsection (e).
``(2) Repetitive claim payments properties.--Any property
for which the Director determines that repetitive flood
insurance claim payments have been made and the owner of which
has refused a buyout, elevation, or other flood mitigation
measure funded in whole or in part by the Federal Emergency
Management Agency.
``(3) Certain leased coastal and river properties.--Any
property leased from the Federal Government (including
residential and nonresidential properties) that the Director
determines is located on the river-facing side of any dike,
levee, or other riverine flood control structure, or seaward of
any seawall or other coastal flood control structure.''.
(b) Applicability of Annual Limitation on Premium Increases.--
Section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(e)) is amended by striking ``Notwithstanding'' and inserting
``Except with respect to properties described under paragraph (2) or
(3) of subsection (c) and notwithstanding''.
SEC. 6. REMOVING REPETITIVE CLAIM PROPERTIES FROM FEDERAL DISASTER
ASSISTANCE RESPONSIBILITY.
(a) In General.--Section 582 of the National Flood Insurance Reform
Act of 1994 (42 U.S.C. 5154a) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Unmitigated Repetitive Claim Properties.--Notwithstanding any
other provision of law, no Federal disaster relief assistance made
available in a flood disaster area may be used to make a payment
(including any loan assistance payment) for repair, replacement, or
restoration for damage to any property in the area for which--
``(1) repetitive flood insurance claim payments have been
made; and
``(2) in accordance with such requirements as the Director
may establish, mitigation assistance under section 1366 of this
Act or section 404 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c) has been offered
to the owner of the property, before or after the occurrence of
the flood loss events, which was refused by the owner.''.
(b) Effective Date.--Notwithstanding subsection (f) of section 582
of the National Flood Insurance Reform Act of 1994 (as so redesignated
by paragraph (1)(A) of this subsection), the amendment made by
paragraph (1) shall apply to disasters declared after the date of the
enactment of this Act.
SEC. 7. MITIGATION GRANTS FOR REPETITIVE CLAIM PROPERTIES.
(a) In General.--Chapter I of the National Flood Insurance Act of
1968 is amended by adding after section 1322 (42 U.S.C. 4029) the
following new section:
``grants for repetitive claim properties
``Sec. 1323. The Director may provide funding for mitigation
actions that reduce flood damages to repetitive flood insurance claim
payments properties, if the Director determines that--
``(1) such activities are in the best interest of the
National Flood Insurance Fund; and
``(2) such activities can not be funded under the program
under section 1366 because--
``(A) the State or community in which the property
is located can not comply with the requirements of
section 1366(g); or
``(B) the State or community does not have the
capacity to manage such activities.''.
(b) Availability of National Flood Insurance Fund Amounts.--Section
1310(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a))
is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) for funding for mitigation actions under section
1323.''.
SEC. 8. USE RESTRICTIONS ON ACQUIRED PROPERTY.
Section 1366(e)(5)(C) of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c(e)(5)(C)) is amended by striking ``for public use, as
the Director determines is consistent with sound land management and
use in such area'' and inserting the following: ``except that the
Director may not provide amounts under this section for use for
acquisition of properties unless the State or community agrees, to the
satisfaction of the Director, that the instrument for acquisition of
the property will convey to the United States a future interest in all
right, title, and interest in and to all property acquired with the
amounts under this section that is contingent upon the condition that
the property acquired ceases to be dedicated and maintained for use
that is compatible with open space, recreational, or wetlands
management practices.''.
SEC. 9. DEFINITION OF REPETITIVE CLAIM PROPERTIES.
Section 1370(a) of the National Flood Insurance Act of 1968 (42
U.S.C. 4121(a)) is amended--
(1) in paragraph (7), by inserting after the paragraph
designation the following: ``for purposes of sections
1304(b)(1), 1315(a)(2)(A)(i), and 1366(e)(4),'';
(2) in paragraph (13), by striking ``and'' at the end;
(3) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(15) the term `repetitive flood insurance claim payments'
means, with respect to a property, that claim payments for
losses to the property have been made under flood insurance
coverage under this title on more than one occasion, without
regard to the amount or timing of the payment or the ownership
of the property.''.
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Increases amounts credited to the National Flood Mitigation Fund from the National Flood Insurance Fund, such amounts to be used only for repetitive claim properties.
Extends through FY 2004 the authority to enter into flood insurance contracts and the authorization of appropriations for the national flood insurance program.
Provides chargeable national flood insurance premium rates for: (1) repetitive claim properties; and (2) certain coastal and river properties leased from the Government. Authorizes annual premium increases with respect to such properties.
Amends the National Flood Insurance Reform Act of 1994 to prohibit Federal disaster relief assistance from being used for repair, replacement, or restoration of any property in the area for which: (1) repetitive claim payments have been made; and (2) Federal mitigation assistance has been offered to, but refused by, the property owner.
Authorizes the Director to provide for funding for mitigation actions that reduce flood damages to repetitive claim properties, under certain conditions. Provides funding for such assistance from the National Flood Insurance Fund.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Accountability in
Intelligence Contracting Act of 2008''.
SEC. 2. ANNUAL SURVEY OF INTELLIGENCE COMMUNITY CONTRACTORS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by inserting after section 506A the
following new section:
``SEC. 506B. ANNUAL CONTRACTOR PERSONNEL LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
``(a) Requirement To Provide.--The Director of National
Intelligence shall, in consultation with the head of the element of the
intelligence community concerned, prepare an annual assessment for such
element of the intelligence community that assesses such element's use
of private contractors and private contractor personnel.
``(b) Schedule.--Each assessment required by subsection (a) shall
be submitted to the congressional intelligence committees each year
along with the budget submitted by the President under section 1105 of
title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain, at a minimum, the
following information for the element of the intelligence community
concerned:
``(1) The total number and costs of contractors funded by
the element during the previous fiscal year.
``(2) The best estimate of the total number of personnel
working on the contracts funded by the element during the
previous fiscal year.
``(3) The best estimate of the number and costs of
contractors to be funded by the element for the upcoming fiscal
year.
``(4) The proposed numerical and percentage increase or
decrease of such costs of contracts as compared to the best
estimate of the costs of contracts of the current fiscal year.
``(5) The proposed numerical and percentage increase or
decrease of such costs of contracts as compared to the cost of
contracts, and the number of contracts, during the prior 5
fiscal years.
``(6) A written description of the types of activities
being performed by contractors.
``(7) A list of all contractors that have been the subject
of an investigation completed by the Inspector General of any
element of the intelligence community during the preceding
fiscal year, or are or have been the subject of an
investigation by such an Inspector General during the current
fiscal year, or are currently or have been during the previous
fiscal year the subject of a United States or foreign criminal
investigation in connection with activities performed under a
contract awarded by any element of the intelligence community,
as well as any charges filed in connection with the
investigation and the findings or disposition of the
investigation.
``(8) A statement by the Director of National Intelligence
that, based on current and projected funding, the element
concerned will have sufficient--
``(A) training resources to support the anticipated
scope of contractor activity for the upcoming fiscal
year; and
``(B) resources and infrastructure to support the
administration, management, and oversight of the
anticipated scope of contractor activity for the
upcoming fiscal year.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
506A the following new item:
``Sec. 506B. Annual contractor personnel level assessment for the
intelligence community.''.
SEC. 3. TRANSPARENCY AND ACCOUNTABILITY IN INTELLIGENCE CONTRACTING.
(a) Information on Activities To Be Performed.--Each covered
contract shall require the contractor to provide to the contracting
officer for the contract, not later than 5 days after award of the
contract, the following information regarding activities performed
under the contract:
(1) The best estimate of the number of persons to be used
to perform such activities.
(2) A description of how such persons are trained to carry
out tasks specified under the contract relating to such
activities.
(3) A description of the process used to hire such persons,
including the method by which and the extent to which
background checks regarding such persons are conducted.
(4) A description of each category of activity relating to
such functions required by the contract.
(5) The best estimate of the number of foreign nationals to
be employed under the contract.
(b) Updates.--The information provided under subsection (a) shall
be updated during contract performance as necessary.
(c) Information on Costs.--Each covered contract shall include the
following requirements:
(1) Upon award of the contract, the contractor shall
provide to the contracting officer cost estimates of salary,
benefits, insurance, materials, logistics, administrative
costs, and other costs of carrying out activities under the
contract.
(2) Before contract closeout (other than closeout of a
firm, fixed price contract), the contractor shall provide to
the contracting officer a report on the actual costs of
carrying out activities under the contract, in the same
categories as provided under paragraph (1).
(d) Information To Be Provided to Congress Upon Request.--The head
of each element of the intelligence community shall make available to
Congress any information provided under this section upon request by a
Member or committee of Congress.
SEC. 4. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR ACTIVITIES
INVOLVING PERSONS UNDER THE CUSTODY OR CONTROL OF THE
UNITED STATES GOVERNMENT.
(a) Notwithstanding any other provision of law, no executive
department or agency shall award a contract for performance related to
activities described in subsection (b).
(b) Subsection (a) shall apply to any activity relating to the
capture, custody, control, or other pertinent interaction with an
individual who is a detainee or prisoner in the custody or under the
effective control of the United States Government, including, with
regard to such an individual--
(1) arrest;
(2) interrogation;
(3) detention; or
(4) transportation or transfer.
(c) Subsection (b) shall not be construed to include the
performance of work is related to language interpretation, so long as
the work is strictly limited to language interpretation and occurs
under the direct supervision of a United States Government personnel.
(d) The President shall have six months following the date of the
enactment of this Act to ensure compliance with subsection (a).
SEC. 5. REPORT ON THE USE OF PRIVATE CONTRACTORS FOR INTELLIGENCE
ACTIVITIES.
(a) Requirement for Report.--Not later than 120 days following the
date of the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report describing the personal
services activities performed by contractors across the intelligence
community, the impact of such contractors on the intelligence community
workforce, plans for conversion of contractor employment into
Government employment, and the accountability mechanisms that govern
the performance of such contractors.
(b) Content.--
(1) In general.--The report submitted under subsection (a)
shall include--
(A) a description of any relevant regulations or
guidance issued by the Director of National
Intelligence or the head of an element of the
intelligence community relating to minimum standards
required regarding the hiring, training, security
clearance, and assignment of contract personnel and how
those standards may differ from those for Government
employees performing substantially similar functions;
(B) an identification of contracts where the
contractor is providing a substantially similar
functions to a Government employee;
(C) an assessment of costs incurred or savings
achieved by awarding contracts for the performance of
such functions referred to in subparagraph (B) instead
of using full-time employees of the elements of the
intelligence community to perform such functions;
(D) an assessment of the appropriateness of using
contractors to perform the activities described in
paragraph (2);
(E) an estimate of the number of contracts, and the
number of personnel working under such contracts,
related to the performance of activities described in
paragraph (2);
(F) a comparison of the compensation of contract
employees and Government employees performing
substantially similar functions;
(G) an analysis of the attrition of Government
personnel associated with the reliance on contractor
positions that provide substantially similar functions;
(H) an analysis of accountability mechanisms
available to each element of the intelligence
community, including regulations and provisions
included within services contracts;
(I) an analysis of procedures in use in the
intelligence community for conducting oversight of
contractors to ensure identification and prosecution of
criminal violations, financial waste, fraud, or other
abuses committed by contractors or contract personnel;
and
(J) an identification of best practices of
accountability mechanisms within services contracts.
(2) Activities.--Activities described in this paragraph are
the following:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions.
(D) Conduct of electronic or physical surveillance
or monitoring of United States citizens in the United
States.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 6. DEFINITIONS.
In this Act:
(a) Intelligence Community.--The term ``intelligence community''
has the meaning given the term in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
(b) Element of the Intelligence Community.--The term ``element of
the intelligence community'' means an element of the intelligence
community listed in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(c) Covered Contract.--The term ``covered contract'' means--
(1) a prime contract with any agency or office that is part
of the intelligence community;
(2) a subcontract at any tier under any prime contract with
an office or agency referred to in paragraph (1); or
(3) a task order issued under a task or delivery order
contract entered into by an office or agency referred to in
paragraph (1);
if the contract, subcontract, or task order is valued at more than
$1,000,000 and includes personal services activities to be performed
either within or outside the United States.
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Transparency and Accountability in Intelligence Contracting Act of 2008 - Amends the National Security Act of 1947 to require the Director of National Intelligence (DNI) to prepare an annual assessment for such element of the intelligence community (IC) that assesses such element's use of private contractors and private contractor personnel. Requires each assessment to be submitted to the congressional intelligence committees.
Directs that each contract, subcontract, or task or delivery order entered into with an IC element shall require the contractor to provide to the IC element contracting officer certain information on the personnel performing contracting activities, including their training, the process used to hire the individuals, and the number of foreign nationals employed.
Prohibits the use of private contractors for the arrest, interrogation, detention, or transportation or transfer of persons under government custody or control.
Requires a report from the DNI to Congress describing the personal services activities performed by contractors across the IC, the impact of such contractors on the IC workforce, plans for conversion of contractor employment into government employment, and accountability mechanisms governing the performance of such contractors.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing American Families
Effectively (SAFE) Act''.
TITLE I--IMMIGRATION
SEC. 101. VISAS.
(a) Student.--No citizens from a country which is one the State
Department's list of governments which have sponsored terrorism or on
the State Department's list of governments which have been less than
fully cooperative in anti-terrorism efforts shall be granted a visa
permitting study in the United States.
(b) Diversity Immigrant Program.--No citizen from a country on the
State Department's list of governments which have sponsored terrorism
or on the State Department's list of governments which have been less
than fully cooperative in anti-terrorism efforts may be issued an
immigrant visa under section 203(c) of the Immigration and Nationality
Act (8 U.S.C. 1153(c)) (governing the diversity immigrant program).
TITLE II--DATA SHARING; INTELLIGENCE GATHERING
SEC. 201. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF
CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL
AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.
(a) In General.--Section 105 of the Immigration and Nationality Act
(8 U.S.C. 1105), is amended--
(1) in the section heading, by adding ``and data exchange''
at the end;
(2) by inserting ``(a) Liaison With Internal Security
Officers.--'' after ``105.'';
(3) by striking ``the internal security of'' and inserting
``the internal and border security of''; and
(4) by adding at the end the following:
``(b) Criminal History Record Information.--The Attorney General
and the Director of the Federal Bureau of Investigation shall provide
the Secretary of State and the Commissioner access to the criminal
history record information contained in the National Crime Information
Center's Interstate Identification Index, Wanted Persons File, and to
any other files maintained by the National Crime Information Center
that may be mutually agreed upon by the Attorney General and the
official to be provided access, for the purpose of determining whether
a visa applicant or applicant for admission has a criminal history
record indexed in any such file. Such access shall be provided by means
of extracts of the records for placement in the Department of State's
automated visa lookout database or other appropriate database, and
shall be provided without any fee or charge. The Director of the
Federal Bureau of Investigation shall provide periodic updates of the
extracts at intervals mutually agreed upon by the Attorney General and
the official provided access. Upon receipt of such updated extracts,
the receiving official shall make corresponding updates to the
official's databases and destroy previously provided extracts. Such
access to any extract shall not be construed to entitle the Secretary
of State to obtain the full content of the corresponding automated
criminal history record. To obtain the full content of a criminal
history record, the Secretary of State shall submit the applicant's
fingerprints and any appropriate fingerprint processing fee authorized
by law to the Criminal Justice Information Services Division of the
Federal Bureau of Investigation.
``(c) Reconsideration.--The provision of the extracts described in
subsection (b) may be reconsidered by the Attorney General and the
receiving official upon the development and deployment of a more cost-
effective and efficient means of sharing the information.
``(d) Regulations.--For purposes of administering this section, the
Secretary of State shall, prior to receiving access to National Crime
Information Center data, promulgate final regulations--
``(1) to implement procedures for the taking of
fingerprints; and
``(2) to establish the conditions for the use of the
information received from the Federal Bureau of Investigation,
in order--
``(A) to limit the redissemination of such
information;
``(B) to ensure that such information is used
solely to determine whether to issue a visa to an
individual;
``(C) to ensure the security, confidentiality, and
destruction of such information; and
``(D) to protect any privacy rights of individuals
who are subjects of such information.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by amending the item relating to section
105 to read as follows:
``Sec. 105. Liaison with internal security officers and data
exchange.''.
(c) Effective Date and Implementation.--The amendments made by this
section shall take effect on the date of the enactment of this Act and
shall be fully implemented not later than 18 months after such date.
(d) Reporting Requirement.--Not later than 2 years after the date
of the enactment of this Act, the Attorney General and the Secretary of
State, jointly, shall report to the Congress on the implementation of
the amendments made by this section.
(e) Construction.--Nothing in this section, or in any other law,
shall be construed to limit the authority of the Attorney General or
the Director of the Federal Bureau of Investigation to provide access
to the criminal history record information contained in the National
Crime Information Center's Interstate Identification Index, or to any
other information maintained by such center, to any Federal agency or
officer authorized to enforce or administer the immigration laws of the
United States, for the purpose of such enforcement or administration,
upon terms that are consistent with sections 212 through 216 of the
National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C.
14611 et seq.).
SEC. 202. AUTHORIZED DISCLOSURE.
Section 2510(7) of title 18, United States Code, is amended by
inserting ``, and (for purposes only of section 2517 as it relates to
foreign intelligence information) any Federal law enforcement,
intelligence, national security, national defense, protective,
immigration personnel, or the President or Vice President of the United
States'' after ``such offenses''.
SEC. 203. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED
STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.
(a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805(e)(1)) is amended by inserting ``or an agent of a foreign power,
as defined in section 101(b)(1)(A),'' after ``or (3),''.
(2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended
by inserting ``or an agent of a foreign power, as defined in section
101(b)(1)(A),'' after ``101(a),''.
(b) Period of Order.--Such section 304(d)(1) is further amended by
striking ``forty-five'' and inserting ``90''.
TITLE III--EXPANSION OF FBI LINGUISTIC CAPACITY
SEC. 301. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Authority.--The Director of the Federal Bureau of Investigation
is authorized to expedite the employment of personnel as translators to
support counterterrorism investigations and operations without regard
to applicable Federal personnel requirements and limitations.
(b) Security Requirements.--The Director of the Federal Bureau of
Investigation shall establish such security requirements as are
necessary for the personnel employed as translators.
(c) Report.--The Attorney General shall report to the Committees on
the Judiciary of the House of Representatives and the Senate on--
(1) the number of translators employed by the FBI and other
components of the Department of Justice;
(2) any legal or practical impediments to using translators
employed by other Federal State, or local agencies, on a full,
part-time, or shared basis; and
(3) the needs of the FBI for specific translation services
in certain languages, and recommendations for meeting those
needs.
TITLE IV--CRIMINAL JUSTICE
SEC. 401. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.
(a) In General.--Section 3286 of title 18, United States Code, is
amended to read as follows:
``Sec. 3286. Terrorism offenses
``(a) An indictment may be found or an information instituted at
any time without limitation for any Federal terrorism offense or any of
the following offenses:
``(1) A violation of, or an attempt or conspiracy to
violate, section 32 (relating to destruction of aircraft or
aircraft facilities), 37(a)(1) (relating to violence at
international airports), 175 (relating to biological weapons),
229 (relating to chemical weapons), 351(a)-(d) (relating to
congressional, cabinet, and Supreme Court assassination and
kidnaping), 792 (relating to harboring terrorists), 831
(relating to nuclear materials), 844(f) or (i) when it relates
to bombing (relating to arson and bombing of certain property),
1114(1) (relating to protection of officers and employees of
the United States), 1116, if the offense involves murder
(relating to murder or manslaughter of foreign officials,
official guests, or internationally protected persons), 1203
(relating to hostage taking), 1751(a)-(d) (relating to
Presidential and Presidential staff assassination and
kidnaping), 2332(a)(1) (relating to certain homicides and other
violence against United States nationals occurring outside of
the United States), 2332a (relating to use of weapons of mass
destruction), 2332b (relating to acts of terrorism transcending
national boundaries) of this title.
``(2) Section 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.
2284);
``(3) Section 601 (relating to disclosure of identities of
covert agents) of the National Security Act of 1947 (50 U.S.C.
421).
``(4) Section 46502 (relating to aircraft piracy) of title
49.
``(b) An indictment may be found or an information instituted
within 15 years after the offense was committed for any of the
following offenses:
``(1) Section 175b (relating to biological weapons), 842(m)
or (n) (relating to plastic explosives), 930(c) if it involves
murder (relating to possessing a dangerous weapon in a Federal
facility), 956 (relating to conspiracy to injure property of a
foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7)
(relating to protection of computers), 1362 (relating to
destruction of communication lines, stations, or systems), 1366
(relating to destruction of an energy facility), 1992 (relating
to trainwrecking), 2152 (relating to injury of fortifications,
harbor defenses, or defensive sea areas), 2155 (relating to
destruction of national defense materials, premises, or
utilities), 2156 (relating to production of defective national
defense materials, premises, or utilities), 2280 (relating to
violence against maritime navigation), 2281 (relating to
violence against maritime fixed platforms), 2339A (relating to
providing material support to terrorists), 2339B (relating to
providing material support to terrorist organizations), or
2340A (relating to torture).
``(2) Any of the following provisions of title 49: the
second sentence of section 46504 (relating to assault on a
flight crew with a dangerous weapon), section 46505(b)(3),
(relating to explosive or incendiary devices, or endangerment
of human life by means of weapons, on aircraft), section 46506
if homicide or attempted homicide is involved, or section
60123(b) (relating to destruction of interstate gas or
hazardous liquid pipeline facility) of title 49.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 213 of title 18, United States Code, is amended by amending the
item relating to section 3286 to read as follows:
``3286. Terrorism offenses.''.
(c) Application.--The amendments made by this section shall apply
to the prosecution of any offense committed before, on, or after the
date of enactment of this section.
SEC. 402. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.
Section 3559 of title 18, United States Code, is amended by adding
after subsection (d) the following:
``(e) Authorized Terms of Imprisonment for Terrorism Crimes.--A
person convicted of any Federal terrorism offense may be sentenced to
imprisonment for any term of years or for life, notwithstanding any
maximum term of imprisonment specified in the law describing the
offense. The authorization of imprisonment under this subsection is
supplementary to, and does not limit, the availability of any other
penalty authorized by the law describing the offense, including the
death penalty, and does not limit the applicability of any mandatory
minimum term of imprisonment, including any mandatory life term,
provided by the law describing the offense.''.
SEC. 403. PENALTIES FOR TERRORIST CONSPIRACIES.
Chapter 113B of title 18, United States Code, is amended--
(1) by inserting after section 2332b the following:
``Sec. 2332c. Attempts and conspiracies
``(a) Except as provided in subsection (c), any person who attempts
or conspires to commit any Federal terrorism offense shall be subject
to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.
``(b) Except as provided in subsection (c), any person who attempts
or conspires to commit any offense described in section 25(2) shall be
subject to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.
``(c) A death penalty may not be imposed by operation of this
section.''; and
(2) in the table of sections at the beginning of the
chapter, by inserting after the item relating to section 2332b
the following new item:
``2332c. Attempts and conspiracies.''.
TITLE V--PROBABLE CAUSE
SEC. 501. PROBABLE CAUSE.
Notwithstanding any other provision of law or regulation probable
cause shall be the maximum standard for authorizing an investigation,
or issuing a search warrant, related to investigations of suspected
terrorists.
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Securing American Families Effectively (SAFE) Act - Prohibits the granting of a visa permitting study in the United States, or the issuance of an immigration visa under the diversity immigrant program, to citizens from a country which is on the State Department's list of governments which have sponsored terrorism or which have been less than fully cooperative in anti-terrorism efforts.Amends the Immigration and Nationality Act to require the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to provide the Secretary of State and the Commissioner of the Immigration and Naturalization Service access to criminal history record information.Increases: (1) the scope of persons authorized to disclose and use intercepted communications relating to foreign intelligence information; and (2) the period of electronic surveillance orders for non-U.S. persons under the Foreign Intelligence Surveillance Act of 1978.Authorizes: (1) the FBI Director to expedite the employment of translators; (2) an indictment at any time without limitation for any Federal terrorism offense; and (3) alternative maximum penalties for terrorism crimes.Provides that any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as prescribed for the terrorism offense, with exceptions.Makes probable cause the maximum standard for authorizing an investigation, or issuing a search warrant related to an investigation, of suspected terrorists.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Life Patenting Moratorium Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The rapid advances in biotechnology and biomedical
research capabilities are creating a wide range of ethical,
legal, economic, environmental, international and social
issues, including concerns about the patenting of life forms,
eugenics, genetic discrimination, conflicts of interest for
biomedical researchers, and genetic privacy considerations in
insurance and employment.
(2) Prominent members of the scientific community are
discussing the possibility of the permanent alteration of the
genetic code of human beings (referred to as ``germ-line
research''), yet Congress has not yet addressed the ethical,
legal, economic, environmental, evolutionary, international and
social implications of such experimentation.
(3) The National Institutes of Health has already proposed
patenting over 2,000 human gene sequences, an issue which
raises unique and unprecedented ethical, legal, economic and
social questions.
(4) Prior to the Patent and Trademark Office policy of
patenting animals, established on April 7, 1987, no animal had
ever been patented under the patent laws of the United States.
(5) Over 150 animal patents are presently pending and three
more were granted by the Patent and Trademark Office of the
Department of Commerce in December of 1992, in spite of the
undetermined ethical implications of such patents.
(6) Congress may act to significantly restrict or alter the
Patent and Trademark Office policy of patenting animals and
human genes.
(7) The Office of Technology Assessment will complete a
comprehensive review of these issues, and the Congress is
prepared to schedule hearings and debate on this issue in the
spring of 1993.
SEC. 3. RESTRICTION ON THE ISSUANCE OF PATENTS.
(a) In General.--Chapter 10 of part II of title 35, United States
Code, is amended by adding at the end thereof the following new
section:
``Sec. 106. Prohibition on Patentability of Certain Biomedical
Inventions or Processes
``(a) In General.--No human being, human organ, organ subpart
(genetically engineered or otherwise) or genetically engineered animal
shall be considered patentable subject matter under this title.
``(b) Suspension.--Except as otherwise provided in section, during
the 2-year period beginning on the date of enactment of this section,
no--
``(1) human tissue, fluid, cell, gene or gene sequence
(genetically engineered or otherwise); or
``(2) animal or animal organism (genetically engineered or
otherwise);
shall be considered patentable subject matter under this title. The
prohibition under this section may continue after such 2-year period
pursuant to section 381(f) of the Public Health Service Act.
``(c) Exception.--Subsection (b) shall not apply to patents issued
prior to the date of enactment of this section.
``(d) Patent Status of Others.--Notwithstanding any other provision
of law, with respect to those individuals who have applied or will
apply for a patent to which this section applies, this section shall
not be construed to detrimentally affect the rights of such
individuals, but rather to maintain such rights until the expiration of
the 2-year period described in subsection (b).
``(e) Definitions.--As used in this section, the term `genetically
engineered' means the formation of new combinations of genetic material
by the insertion of nucleic acid molecules into the host organism's
somatic or germ-line cells so as to allow the incorporation of the new
genetic material into the genetic material of the host organism.''.
(b) Conforming Amendment.--The table of sections for chapter 10 of
part II of title 35, United States Code, is amended by adding at the
end thereof the following:
``106. Prohibition on patentability of certain biomedical inventions or
processes.''.
SEC. 4. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) mindful of the dangers inherent in the uncontrolled
patenting and proliferation of genetic material, including
problems in the areas of patenting of life, eugenics, genetic
discrimination, unexpected and reproducible mutations,
conflicts of interest for biomedical researchers, and genetic
privacy considerations in insurance and employment, but aware
of the urgent need of humanity to reap the benefits of
responsibly-conducted research and innovation, legislation
addressing the implications of genetic research should be
thoroughly studied, considered, debated and passed by the
Congress as soon as reasonably possible; and
(2) the Department of Commerce, the National Institutes of
Health and the Department of State should work with the
international community to develop international standards
relating to the patenting of genetic information and access to
such information.
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Life Patenting Moratorium Act of 1993 - Amends Federal patent law to prohibit human beings, organs, or organ subparts or genetically engineered animals from being considered patentable subject matter.
Imposes a two-year moratorium on the patentability of human tissues, fluids, cells, genes or gene sequences, or animals or animal organisms (genetically engineered or otherwise). Authorizes the continuation of such moratorium after such time pursuant to the Public Health Service Act.
Expresses the sense of the Congress that: (1) legislation addressing the implications of genetic research should be thoroughly studied and passed by the Congress as soon as possible; and (2) the Departments of Commerce and State and the National Institutes of Health should work with the international community to develop international standards relating to the patenting of, and access to, genetic information.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure E-Waste Export and Recycling
Act''.
SEC. 2. EXPORT CONTROLS ON ELECTRONIC WASTE.
(a) Definitions.--In this section:
(1) Electronic waste.--
(A) In general.--The term ``electronic waste''
means any of the following used items containing
electronic components, or fragments thereof, including
parts or subcomponents of such items:
(i) Computers and related equipment.
(ii) Data center equipment (including
servers, network equipment, firewalls, battery
backup systems, and power distribution units).
(iii) Mobile computers (including
notebooks, netbooks, tablets, and e-book
readers).
(iv) Televisions (including portable
televisions and portable DVD players).
(v) Video display devices (including
monitors, digital picture frames, and portable
video devices).
(vi) Digital imaging devices (including
printers, copiers, facsimile machines, image
scanners, and multifunction machines).
(vii) Consumer electronics--
(I) including digital cameras,
projectors, digital audio players,
cellular phones and wireless Internet
communication devices, audio equipment,
video cassette recorders, DVD players,
video game systems (including portable
systems), video game controllers,
signal converter boxes, and cable and
satellite receivers; and
(II) not including appliances that
have electronic features.
(viii) Portable global positioning system
navigation devices.
(ix) Other used electronic items that the
Secretary determines to be necessary to carry
out this section.
(B) Exempt items.--The term ``electronic waste''
does not include--
(i) exempted electronic waste items; or
(ii) electronic parts of a motor vehicle.
(2) Exempted electronic waste items.--
(A) In general.--The term ``exempted electronic
waste items'' means the following:
(i) Tested, working used electronics.
(ii) Low-risk counterfeit electronics.
(iii) Recalled electronics.
(B) Definitions.--In this paragraph:
(i) Tested, working used electronics.--The
term ``tested, working used electronics'' means
any used electronic items that--
(I) are determined, through testing
methodologies established by the
Secretary, to be fully functional for
the purpose for which the items were
designed, or, in the case of
multifunction devices, fully functional
for at least one of the primary
purposes for which the items were
designed;
(II) are exported with the intent
to reuse the products as functional
products; and
(III) are appropriately packaged
for shipment to prevent the items from
losing functionality due to damage
during shipment.
(ii) Low-risk counterfeit electronics.--The
term ``low-risk counterfeit electronics'' means
any electronic components or items that--
(I) have been subjected to
destruction processes that render the
items unusable for their original
purpose; and
(II) are exported as a feedstock,
with no additional mechanical or hand
separation required, in a reclamation
process to render the electronic
components or items recycled consistent
with the laws of the foreign country
performing the reclamation process.
(iii) The term ``recalled electronics''
means any electronic items that--
(I) because of a defect in the
design or manufacture of the items--
(aa) are subject to a
recall notice issued by the
Consumer Product Safety
Commission or other pertinent
Federal authority and have been
received by the manufacturer or
its agent and repaired by the
manufacturer or its agent to
cure the defect; or
(bb) have been recalled by
the manufacturer as a condition
of the validity of the warranty
on the items and have been
repaired by the manufacturer or
its agent to cure the defect;
and
(II) are exported by the
manufacturer of the items.
(iv) The term ``feedstock'' means any raw
material constituting the principal input for
an industrial process.
(3) Counterfeit good.--The term ``counterfeit good'' means
any good on which, or in connection with which, a counterfeit
mark is used.
(4) Counterfeit military good.--The term ``counterfeit
military good'' means a good that uses a counterfeit mark on or
in connection with such good and that--
(A) is falsely identified or labeled as meeting
military specifications; or
(B) is intended for use in a military or national
security application.
(5) Counterfeit mark.--The term ``counterfeit mark'' has
the meaning given that term in section 2320 of title 18, United
States Code.
(6) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
(7) Export; reexport.--The terms ``export'' and
``reexport'' mean ``export'' and ``reexport'' within the
meaning of the Export Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.), as in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Used.--A product is ``used'' if it has been operated or
employed.
(b) Prohibition.--Except as provided in subsections (c) and (d), no
person or entity may export or reexport electronic waste or exempted
electronic waste items.
(c) Export Prohibition Exemptions.--A person or entity may export
or reexport exempted electronic waste items, but only if the following
requirements are met:
(1) Registration.--The person or entity is listed on a
publicly available registry maintained by the Secretary.
(2) Filing of export information.--For each export
transaction, the person or entity files in the Automated Export
System, in accordance with part 758 of the Export
Administration Regulations, Electronic Export Information that
contains at least the following information:
(A) A description of the type and total quantity of
exempted electronic waste items exported.
(B) The name of each country that received the
exempted electronic waste items for reuse or recycling.
(C)(i) The name of the ultimate consignee to which
the exempted electronic waste items were received for
reclamation, recall, or reuse; and
(ii) documentation and a declaration that such
consignee has the necessary permits, resources, and
competence to manage the exempted electronic waste
items as reusable products or recyclable feedstock and
prevent its release as a counterfeit good or
counterfeit military good.
(3) Compliance with existing export laws.--The export or
reexport of exempted electronic waste items otherwise comply
with applicable international agreements to which the United
States is a party and with other trade laws of the United
States.
(4) Export declarations and requirements.--The exempted
electronic waste items are accompanied by--
(A) documentation of the registration of the
exporter required under paragraph (1);
(B) a declaration signed by an officer or
designated representative of the exporter asserting
that the exempted electronic waste items meet the
applicable requirements for exempted electronic waste
items under this section;
(C) a description of the contents and condition of
the exempted electronic waste items in the shipment;
(D) for tested, working electronic equipment, a
description of the testing methodologies and test
results for each item;
(E) the name of the ultimate consignee and
declaration of the consignee's applicable permits,
resources, and competence to process or use the
equipment as intended; and
(F) with respect to low-risk counterfeit
electronics only and when required by the importing
country, the written consent of the competent authority
of the receiving country to allow the products in such
country.
(d) Other Exceptions.--The Secretary may provide for such
exceptions to the requirements of this section for--
(1) exports or reexports of 5 items or fewer per
transaction of electronic components, or items containing
electronic components, that are intended for personal use, and
(2) exports or reexports of electronic components, or items
containing electronic components, that are made to a person or
entity under the ownership or control of the person or entity
exporting or reexporting the components or items,
subject to such recordkeeping requirements as the Secretary may impose,
but only if the components or items are exported or reexported (as the
case may be) with the intent that they be used for the purpose for
which the components or items (as the case may be) were used in the
United States.
(e) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall take effect upon the expiration of the 1-year period
beginning on the date of the enactment of this Act.
(2) Modification of ear.--The Secretary shall, not later
than the effective date under paragraph (1), ensure that the
Export Administration Regulations are modified to carry out
this section.
(f) Penalties for Violations.--Any person who violates this section
or the regulations issued under subsection (e)(2) shall be subject to
the same penalties as those that apply to any person violating any
other provision of the Export Administration Regulations.
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Secure E-Waste Export and Recycling Act This bill prohibits any person from exporting or reexporting electronic waste (specified items containing electronic components or fragments, including computers, televisions, video display devices, and consumer electronics) or exempted electronic waste items (tested, working used electronics, low-risk counterfeit electronics, or recalled electronics), except as specified. "Low-risk counterfeit electronics" means electronic components or items that: (1) have been subjected to destruction processes that render the items unusable for their original purpose; and (2) are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the components or items recycled consistent with the laws of the foreign country performing such process. A person may export or reexport exempted electronic waste items only if: the person is listed on a publicly available registry maintained by the Department of Commerce; for each export transaction, the person files specified electronic export information in the Automated Export System; the export or reexport of exempted electronic waste items otherwise complies with applicable international agreements and other U.S. trade laws; and the exempted items are accompanied by certain required documentation. Commerce may provide exceptions to the requirements of this bill under specified circumstances for exports or reexports of five items or fewer per transaction of electronic components intended for personal use, and of electronic components to a person or entity under the ownership or control of the person exporting or reexporting the components, with the intent that they be used for the purpose for which they were used in the United States. Any violator of this bill or regulations issued under it shall be subject to the same penalties as those applicable to violators of any other provision of the Export Administration Regulations.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and HIV Outreach and
Prevention Act''.
SEC. 2. PREVENTIVE HEALTH PROGRAMS REGARDING WOMEN AND HUMAN
IMMUNODEFICIENCY VIRUS.
Title XXV of the Public Health Service Act (42 U.S.C. 300ee et
seq.) is amended by adding at the end the following part:
``Part C--Programs for Women
``SEC. 2531. PREVENTIVE HEALTH SERVICES.
``(a) In General.--The Secretary may make grants for the following
purposes:
``(1) Providing to women preventive health services that
are related to acquired immune deficiency syndrome, including--
``(A) counseling on the prevention of infection
with, and the transmission of, the etiologic agent for
such syndrome; and
``(B) screening women for infection with such
agent.
``(2) Providing appropriate referrals regarding the
provision of other services to women who are receiving services
pursuant to paragraph (1), including, as appropriate, referrals
for treatment for such infection, referrals for treatment for
substance abuse, mental health services, referrals regarding
pregnancy, childbirth, and pediatric care, and referrals for
housing services.
``(3) Providing follow-up services regarding such
referrals, to the extent practicable.
``(4) Improving referral arrangements for purposes of
paragraph (2).
``(5) In the case of a woman receiving services pursuant to
any of paragraphs (1) through (3), providing to the partner of
the woman the services described in such paragraphs, as
appropriate.
``(6) With respect to the services specified in paragraphs
(1) through (5)--
``(A) providing outreach services to inform women
of the availability of such services; and
``(B) providing training regarding the effective
provision of such services.
``(b) Minimum Qualifications of Grantees.--The Secretary may make a
grant under subsection (a) only if the applicant for the grant is a
grantee under section 329, section 330, or section 1001, or is another
public or nonprofit private entity that provides health or voluntary
family planning services to a significant number of low-income women in
a culturally sensitive and language appropriate manner.
``(c) Confidentiality.--The Secretary may make a grant under
subsection (a) only if the applicant for the grant agrees to maintain
the confidentiality of information on individuals regarding screenings
pursuant to subsection (a), subject to complying with applicable law.
``(d) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such subsection.
``(e) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall, directly or
through contracts with public or private entities, provide for
evaluations of projects carried out pursuant to subsection (a).
``(2) Reports.--Not later than 1 year after the date on
which amounts are first appropriated under subsection (f), and
annually thereafter, the Secretary shall submit to the Congress
a report summarizing evaluations carried out under paragraph
(1) during the preceding fiscal year.
``(f) Authorizations of Appropriations.--
``(1) Title x clinics.--For the purpose of making grants
under subsection (a) to entities that are grantees under
section 1001, and for the purpose of otherwise carrying out
this section with respect to such grants, there are authorized
to be appropriated $30,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 and
1996.
``(2) Community and migrant health centers; other
providers.--For the purpose of making grants under subsection
(a) to entities that are grantees under section 329 or 330, and
to other entities described in subsection (b) that are not
grantees under section 1001, and for the purpose of otherwise
carrying out this section with respect to such grants, there
are authorized to be appropriated $20,000,000 for fiscal year
1994, and such sums as may be necessary for each of the fiscal
years 1995 and 1996.
``SEC. 2532. PUBLIC EDUCATION.
``(a) In General.--The Secretary may make grants for the purpose of
developing and carrying out programs to educate women on the prevention
of infection with, and the transmission of, the etiologic agent for
acquired immune deficiency syndrome.
``(b) Minimum Qualifications of Grantees.--The Secretary may make a
grant under subsection (a) only if the applicant involved is a public
or nonprofit private entity that is experienced in carrying out health-
related activities for women, with a priority given to such entities
that have successfully targeted women of color.
``(c) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such subsection.
``(d) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall, directly or
through contracts with public or private entities, provide for
evaluations of projects carried out pursuant to subsection (a).
``(2) Reports.--Not later than 1 year after the date on
which amounts are first appropriated under subsection (e), and
annually thereafter, the Secretary shall submit to the Congress
a report summarizing evaluations carried out under paragraph
(1) during the preceding fiscal year.
``(e) Authorizations of Appropriations.--For the purpose of
carrying out this section, there are authorized to be appropriated
$30,000,000 for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 and 1996.''.
SEC. 3. TREATMENT OF WOMEN FOR SUBSTANCE ABUSE.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 108 of Public Law 102-321
(106 Stat. 336), is amended by inserting after section 509 the
following section:
``treatment of women for substance abuse
``Sec. 509A. (a) In General.--The Director of the Center for
Substance Abuse Treatment may make awards of grants, cooperative
agreements, and contracts for the purpose of carrying out programs--
``(1) to provide treatment for substance abuse to women,
including women with dependent children;
``(2) to provide to such women counseling on the prevention
of infection with, and the transmission of, the etiologic agent
for acquired immune deficiency syndrome; and
``(3) to provide such counseling to women who are the
partners of individuals who engage in such abuse.
``(b) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there are authorized to be appropriated $20,000,000
for fiscal year 1994, and such sums as may be necessary for each of the
fiscal years 1995 and 1996.''.
SEC. 4. EARLY INTERVENTION SERVICES FOR WOMEN.
Section 2655 of the Public Health Service Act (42 U.S.C. 300ff-55)
is amended--
(1) by striking ``For the purpose of'' and inserting ``(a)
In General.--For the purpose of''; and
(2) by adding at the end the following subsection:
``(b) Programs for Women.--For the purpose of making grants under
section 2651 to provide to women early intervention services described
in such section, and for the purpose of providing technical assistance
under section 2654(b) with respect to such grants, there are authorized
to be appropriated $20,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 and 1996.''.
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Women and HIV Outreach and Prevention Act - Amends the Public Health Service Act to authorize grants, with regard to women (and their partners) and acquired immune deficiency syndrome (AIDS), for preventive health services, referrals, follow-ups, outreach, and training on the effective provision of such services. Authorizes appropriations.
Authorizes grants to educate women on the prevention of infection with, and the transmission of, the etiologic agent for AIDS. Authorizes appropriations.
Authorizes grants, cooperative agreements, and contracts to provide: (1) substance abuse treatment to women; (2) counseling to women who engage in substance abuse on the prevention of infection with, and the transmission of, the etiologic agent for AIDS; and (3) such counseling to women who are the partners of individuals who abuse substances. Authorizes appropriations.
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Create a summary of the following text: SECTION 1. CERTAIN MODIFICATIONS PERMITTED TO QUALIFIED MORTGAGES HELD
BY A REMIC OR A GRANTOR TRUST.
(a) Qualified Mortgages Held by a REMIC.--
(1) In general.--Paragraph (3) of section 860G(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(C) Qualified modifications.--
``(i) In general.--An obligation shall not
fail to be treated as a qualified mortgage
solely because of a qualified modification of
such obligation.
``(ii) Qualified modification.--For
purposes of this section, the term `qualified
modification' means, with respect to any
obligation, any amendment, waiver, or other
modification which is treated as a disposition
of such obligation under section 1001 if such
amendment, waiver or other modification does
not--
``(I) extend the final maturity
date of the obligation,
``(II) increase the outstanding
principal balance under the obligation
(other than the capitalization of
accrued, unpaid interest),
``(III) result in a release of an
interest in real property securing the
obligation such that the obligation is
not principally secured by an interest
in real property (determined after
giving effect to the release), or
``(IV) result in an instrument or
property right which is not debt for
Federal income tax purposes.
``(iii) Defaults.--Under regulations
prescribed by the Secretary, any amendment,
waiver, or other modification of an obligation
which is in default or with respect to which
default is reasonably foreseeable may be
treated as a qualified modification for
purposes of this section.
``(iv) Defeasance with government
securities.--The requirements of clause
(ii)(III) shall be treated as satisfied if,
after the release described in such clause, the
obligation is principally secured by Government
securities and the amendment, waiver, or other
modification to such obligation satisfies such
requirements as the Secretary may prescribe.''.
(2) Exception from prohibited transaction rules.--
Subparagraph (A) of section 860F(a)(2) of such Code is amended
by striking ``or'' at the end of clause (iii), by striking the
period at the end of clause (iv) and inserting ``, or'', and by
adding at the end the following new clause:
``(v) a qualified modification (as defined
in section 860G(a)(3)(C)).''.
(3) Conforming amendments.--
(A) Section 860G(a)(3) of such Code is amended--
(i) by redesignating clauses (i) and (ii)
of subparagraph (A) as subclauses (I) and (II),
respectively,
(ii) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively,
(iii) by striking ``The term'' and
inserting the following:
``(A) In general.--The term'', and
(iv) by striking ``For purposes of
subparagraph (A)'' and inserting the following:
``(B) Tenant-stockholders of cooperative housing
corporations.--For purposes of subparagraph (A)(i)''.
(B) Section 860G(a)(3)(A)(iv) of such Code (as
redesignated by subparagraph (A)) is amended--
(i) by striking ``clauses (i) and (ii) of
subparagraph (A)'' and inserting ``subclauses
(I) and (II) of clause (i)'', and
(ii) by striking ``subparagraph (A)
(without regard to such clauses)'' and
inserting ``clause (i) (without regard to such
subclauses)''.
(b) Qualified Mortgages Held by a Grantor Trust.--Section 672 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(g) Special Rule for Certain Investment Trusts.--A grantor shall
not fail to be treated as the owner of any portion of a trust under
this subpart solely because such portion includes one or more
obligations with respect to which a qualified modification (within the
meaning of section 860G(a)(3)(C)) has been, or may be, made under the
terms of such trust.''.
(c) Effective Date.--The amendments made by this section shall
apply to amendments, waivers, and other modifications made after the
date of the enactment of this Act.
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Amends the Internal Revenue Code to permit certain amendments, waivers, or other modifications to mortgages held by a Real Estate Mortgage Investment Conduit (REMIC) or a Grantor Trust without disqualifying such mortgages as REMIC or Grantor Trust mortgages. Permits amendments, waivers, or modifications that do not: (1) extend the final maturity date of a mortgage; (2) increase the outstanding balance of the mortgage; (3) result in the release of an interest in real property securing the mortgage; or (4) result in an instrument or property right which is not debt for Federal income tax purposes. Exempts such amendments, waivers, or modifications from the penalty for prohibited transactions.
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