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Change the following text into a summary: SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Children's Act for
Responsible Employment'' or the ``CARE Act''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.).
SEC. 2. AGRICULTURAL EMPLOYMENT.
Section 13(c) (29 U.S.C. 213(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The provisions of section 12 relating to child labor shall
not apply to any employee employed in agriculture outside of school
hours for the school district where such employee is living while such
employee is so employed, if such employee is employed by such
employee's parent or legal guardian, on a farm owned or operated by
such parent or legal guardian.''; and
(2) by striking paragraphs (2) and (4).
SEC. 3. YOUTH PEDDLING.
(a) Finding.--The last sentence of section 2(a) (29 U.S.C. 202(a))
is amended by inserting after ``households'' the following: ``and the
employment of employees in youth peddling''.
(b) Oppressive Child Labor.--Section 3(l) (29 U.S.C. 203(l)) is
amended in the last sentence by striking ``manufacturing and mining''
and inserting ``manufacturing, mining, and youth peddling''.
(b) Definition.--Section 3 (29 U.S.C. 203) is amended by adding at
the end the following:
``(y) `Youth peddling' means selling goods or services by employees
under the age of 16 to customers at their residences, places of
business, or public places such as street corners or public
transportation stations. The term `youth peddling' does not include--
``(1) the activities of individuals who, as volunteers,
sell goods or services on behalf of not-for-profit
organizations; or
``(2) certain categories of employment, such as seasonal
employment, which the Secretary may by regulation exclude from
such term.''.
(c) Prohibition of Youth Peddling.--Section 12(c) (29 U.S.C.
212(c)) is amended by inserting after ``oppressive child labor in
commerce or in the production of goods for commerce'' the following:
``, in youth peddling,''.
SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS.
(a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is
amended in the first sentence--
(1) by striking ``$10,000'' and inserting ``$15,000'';
(2) by inserting after ``subject to a civil penalty of''
the following: ``not less than $500 and''.
(b) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is
amended by adding at the end the following: ``Any person who violates
the provisions of section 15(a)(4), concerning oppressive child labor,
shall on conviction be subject to a fine of not more than $15,000, or
to imprisonment for not more than 5 years, or both, in the case of a
willful or repeat violation that results in or contributes to a
fatality of a minor employee or a permanent disability of a minor
employee, or a violation which is concurrent with a criminal violation
of any other provision of this Act or of any other Federal or State
law.''.
SEC. 5. GOODS TAINTED BY OPPRESSIVE CHILD LABOR.
Section 12(a) (29 U.S.C. 212(a)) is amended by inserting after
``notice of any such violation'' the following ``or any other such
shipment or delivery for shipment that the Secretary determines may be
allowed to be shipped or delivered for shipment in interstate
commerce''.
SEC. 6. COORDINATION.
Section 4 (29 U.S.C. 204) is amended by adding at the end the
following:
``(g) The Secretary shall encourage and establish closer working
relationships with non-governmental organizations and with State and
local government agencies having responsibility for administering and
enforcing labor and safety and health laws. Upon the request of the
Secretary, and to the extent permissible under applicable law, State
and local government agencies with information regarding injuries and
deaths of employees shall submit such information to the Secretary for
use as appropriate in the enforcement of section 12 and in the
promulgation and interpretation of the regulations and orders
authorized by section 3(l). The Secretary may reimburse such State and
local government agencies for such services.''.
SEC. 7. REGULATIONS AND MEMORANDUM OF UNDERSTANDING.
(a) Regulations.--The Secretary of Labor shall issue such
regulations as are necessary to carry out this Act and the amendments
made by this Act.
(b) Memorandum of Understanding.--The Secretary of Labor and the
Secretary of Agriculture shall, not later than 180 days after the date
of enactment of this Act, enter into a memorandum or understanding to
coordinate the development and enforcement of standards to minimize
child labor.
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Children's Act for Responsible Employment - CARE Act - Amends the Fair Labor Standards Act of 1938 (FLRA) to revise child labor prohibitions.
(Sec. 2) Repeals certain exemptions from child labor prohibitions for agricultural employment. Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by his or her parent or legal guardian, on a farm owned or operated by such parent or legal guardian. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.
(Sec. 3) Prohibits employment of individuals under age 16 in youth peddling. Excludes from the definition of youth peddling volunteer selling of goods or services on behalf of not-for-profit organizations.
(Sec. 4) Increases civil and criminal penalties for child labor violations.
(Sec. 5) Directs the Secretary of Labor to determine the circumstances under which goods tainted by oppressive child labor may be allowed to be shipped or delivered for shipment in interstate commerce.
(Sec. 6) Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies with responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to submit information regarding injuries and deaths of employees to the Secretary, upon request, for specified use in enforcement and other uses under FLRA. Authorizes the Secretary to reimburse such agencies for such services.
(Sec. 7) Directs the Secretaries of Labor and of Agriculture to enter into a memorandum or understanding to coordinate the development and enforcement of standards to minimize child labor.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Rita Relief Act of 2006''.
SEC. 2. EXPANSION OF CERTAIN TAX BENEFITS FOR INDIVIDUALS AFFECTED BY
HURRICANE KATRINA TO INDIVIDUALS AFFECTED BY HURRICANE
RITA.
(a) Work Opportunity Tax Credit for Hurricane Rita Employees.--
(1) In general.--For purposes of section 51 of the Internal
Revenue Code of 1986, a Hurricane Rita employee shall be
treated as a member of a targeted group.
(2) Hurricane rita employee.--For purposes of this
subsection, the term ``Hurricane Rita employee'' means any
individual who is certified as an individual who on September
23, 2005, had a principal place of abode in that portion of the
Rita GO Zone which is not part of the Gulf Opportunity Zone and
who is hired during the 2-year period beginning on such date
for a position the principal place of employment of which is
located in the Rita GO Zone or the Gulf Opportunity Zone.
(3) Reasonable identification acceptable.--In lieu of the
certification requirement under subparagraph (A) of section
51(d)(12) of such Code, an individual may provide to the
employer reasonable evidence that the individual is a Hurricane
Rita employee, and subparagraph (B) of such section shall be
applied as if such evidence were a certification described in
such subparagraph.
(4) Special rules for determining credit.--For purposes of
applying subpart F of part IV of subchapter A of chapter 1 of
such Code to wages paid or incurred to any Hurricane Rita
employee--
(A) section 51(c)(4) of such Code shall not apply,
and
(B) section 51(i)(2) of such Code shall not apply
with respect to the first hire of such employee as a
Hurricane Rita employee, unless such employee was an
employee of the employer on September 23, 2005.
(b) Additional Exemption for Housing Hurricane Rita Displaced
Individuals.--
(1) In general.--In the case of taxable years of a natural
person beginning in 2005 and 2006, for purposes of the Internal
Revenue Code of 1986, taxable income shall be reduced by $500
for each Hurricane Rita displaced individual of the taxpayer
for the taxable year.
(2) Limitations.--
(A) Dollar limitation.--The reduction under
paragraph (1) shall not exceed $2,000, reduced by the
amount of the reduction under this subsection and
section 302(a) of the Katrina Emergency Tax Relief Act
of 2005 for all previous taxable years.
(B) Individuals taken into account only once.--An
individual shall not be taken into account under
paragraph (1) if such individual was taken into account
under such paragraph or under section 302(a) of the
Katrina Emergency Tax Relief Act of 2005 by the
taxpayer in any prior taxable year.
(C) Identifying information required.--An
individual shall not be taken into account under
paragraph (1) for a taxable year unless the taxpayer
identification number of such individual is included on
the return of the taxpayer for such taxable year.
(3) Hurricane rita displaced individual.--For purposes of
this subsection, the term ``Hurricane Rita displaced
individual'' means, with respect to any taxpayer for any
taxable year, a natural person if--
(A) such person is not a Hurricane Katrina
displaced individual (within the meaning of section
302(c) of the Katrina Emergency Tax Relief Act of
2005),
(B) such person's principal place of abode on
September 23, 2005, was in the Hurricane Rita disaster
area,
(C)(i) in the case of such an abode located in the
Rita GO Zone, such person is displaced from such abode,
or
(ii) in the case of such an abode located outside
the Rita GO Zone, such person is displaced from such
abode, and
(I) such abode was damaged by Hurricane
Rita, or
(II) such person was evacuated from such
abode by reason of Hurricane Rita, and
(D) such person is provided housing free of charge
by the taxpayer in the principal residence of the
taxpayer for a period of 60 consecutive days which ends
in such taxable year.
Such term shall not include the spouse or any dependent of the
taxpayer.
(4) Compensation for housing.--No deduction shall be
allowed under this subsection if the taxpayer receives any rent
or other amount (from any source) in connection with the
providing of such housing.
(c) Mileage Reimbursement to Charitable Volunteers Excluded From
Gross Income.--
(1) In general.--For purposes of the Internal Revenue Code
of 1986, gross income of an individual for taxable years ending
on or after September 23, 2005, does not include amounts
received, from an organization described in section 170(c) of
such Code, as reimbursement of operating expenses with respect
to use of a passenger automobile for the benefit of such
organization in connection with providing relief relating to
Hurricane Rita during the period beginning on September 23,
2005, and ending on December 31, 2006. The preceding sentence
shall apply only to the extent that the expenses which are
reimbursed would be deductible under chapter 1 of such Code if
section 274(d) of such Code were applied--
(A) by using the standard business mileage rate in
effect under section 162(a) of such Code at the time of
such use, and
(B) as if the individual were an employee of an
organization not described in section 170(c) of such
Code.
(2) Application to volunteer services only.--Paragraph (1)
shall not apply with respect to any expenses relating to the
performance of services for compensation.
(3) No double benefit.--No deduction or credit shall be
allowed under any other provision of such Code with respect to
the expenses excludable from gross income under paragraph (1).
(d) Exclusions of Certain Cancellations of Indebtedness for Victims
of Hurricane Rita.--
(1) In general.--For purposes of the Internal Revenue Code
of 1986, gross income shall not include any amount which (but
for this subsection) would be includible in gross income by
reason of the discharge (in whole or in part) of indebtedness
of a natural person described in paragraph (2) by an applicable
entity (as defined in section 6050P(c)(1) of such Code).
(2) Person described.--A natural person is described in
this paragraph if the principal place of abode of such person
on September 23, 2005, was located--
(A) in the Rita GO Zone, or
(B) in the Hurricane Rita disaster area (but
outside the Rita GO Zone) and such person suffered
economic loss by reason of Hurricane Rita.
(3) Exceptions.--
(A) Business indebtedness.--Paragraph (1) shall not
apply to any indebtedness incurred in connection with a
trade or business.
(B) Real property outside rita go zone.--Paragraph
(1) shall not apply to any discharge of indebtedness to
the extent that real property constituting security for
such indebtedness is located outside the Hurricane Rita
disaster area.
(4) Denial of double benefit.--For purposes of the Internal
Revenue Code of 1986, the amount excluded from gross income
under paragraph (1) shall treated in the same manner as an
amount excluded under section 108(a) of such Code.
(5) Effective date.--This subsection shall apply to
discharges made on or after September 23, 2005, and before
January 1, 2007.
(e) Definitions.--For purposes of this section, the terms ``Rita GO
Zone'', ``Hurricane Rita disaster area'', and ``Gulf Opportunity Zone''
have the meanings given such terms under section 1400M of the Internal
Revenue Code of 1986.
SEC. 3. EXPANSION OF EDUCATION TAX BENEFITS AND HOUSING TAX BENEFITS TO
PERSONS AFFECTED BY HURRICANE RITA.
(a) Education Tax Benefits.--Section 1400O of the Internal Revenue
Code of 1986 is amended by inserting ``or the Rita GO Zone'' after
``Gulf Opportunity Zone''.
(b) Housing Tax Benefits.--
(1) Qualified employee.--Subsection (c) of section 1400P of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(c) Qualified Employee.--For purposes of this section, the term
`qualified employee' means, with respect to any month--
``(1) any individual--
``(A) who had a principal residence (as defined in
section 121) in the Gulf Opportunity Zone on August 28,
2005, and
``(B) who performs substantially all employment
services--
``(i) in the Gulf Opportunity Zone, and
``(ii) for the qualified employer which
furnishes lodging to such individual, and
``(2) any individual--
``(A) who had a principal residence (as defined in
section 121) in the Rita GO Zone on September 23, 2005,
and
``(B) who performs substantially all employment
services--
``(i) in the Rita GO Zone, and
``(ii) for the qualified employer which
furnishes lodging to such individual.''.
(2) Qualified employer.--Subsection (d) of section 1400P of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(d) Qualified Employer.--The term `qualified employer' means--
``(1) with respect to a qualified employee described in
subsection (c)(1), any employer with a trade or business
located in the Gulf Opportunity Zone, and
``(2) with respect to a qualified employee described in
subsection (c)(2), any employer with a trade or business
located in the Rita GO Zone.''.
(3) Conforming amendments.--
(A) The heading for subsection (a) of section 1400P
of the Internal Revenue Code of 1986 is amended by
striking ``Individual Affected by Hurricane Katrina''
and inserting ``Individuals Affected by Hurricanes
Katrina and Rita''.
(B) Section 1400P(b) of such Code is amended--
(i) by inserting ``of a qualified
employee'' after ``in the case of a qualified
employer'',
(ii) by striking ``the Hurricane Katrina
housing credit'' and inserting ``the Hurricane
Katrina and Rita housing credit'',
(iii) by striking ``of a qualified employee
of such employer'' and inserting ``of all
qualified employees of such employer'', and
(iv) by striking ``Hurricane Katrina'' in
the heading and inserting ``Hurricanes Katrina
and Rita''.
(C) Section 38(b)(27) of such Code is amended by
striking ``Hurricane Katrina housing credit'' and
inserting ``Hurricane Katrina and Rita housing
credit''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the Gulf Opportunity Zone Act of 2005.
SEC. 4. EXPANSION OF CERTAIN GULF OPPORTUNITY ZONE BENEFITS TO THE RITA
GO ZONE.
(a) In General.--Section 1400N is amended by adding at the end the
following new subsection:
``(q) Application of Section to Rita GO Zone.--
``(1) In general.--For purposes of subsections (d), (e),
(f), (g), (h), and (k)--
``(A) the term `Gulf Opportunity Zone' shall
include the Rita GO Zone,
``(B) any reference to August 28, 2005, shall be
treated as a reference to September 23, 2005, with
respect to that portion of the Rita GO Zone which is
not a part of the Gulf Opportunity Zone,
``(C) any reference to August 27, 2005, shall be
treated as a reference to September 22, 2005, with
respect to that portion of the Rita GO Zone which is
not a part of the Gulf Opportunity Zone, and
``(D) any reference to Hurricane Katrina shall be
treated as a reference to Hurricane Rita with respect
to any portion of the Gulf Opportunity Zone (after the
application of subparagraph (A)) which is also a part
of the Rita GO Zone.
``(2) Special rule.--For purposes of subsection (k)(2), in
the case of any individual whose principal place of abode was
located in that portion of the Rita GO Zone which is not a part
of the Gulf Opportunity Zone (as defined in section 1400M(1)
without regard to paragraph (1)(A)), no deduction for moving
expenses under subparagraph (B)(ii) thereof shall be taken into
account unless the principal place of employment of such
individual is located in the Rita GO Zone.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the Gulf Opportunity Zone Act of 2005.
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Hurricane Rita Relief Act of 2006 - Amends the Internal Revenue Code to: (1) include Hurricane Rita employees (employees residing and working in the Rita GO Zone on September 23, 2005) as members of a targeted group for purposes of the work opportunity tax credit; (2) allow an additional tax exemption of $500 for providing housing to an individual displaced by Hurricane Rita; (3) exclude from the gross income of volunteer workers automobile mileage reimbursements related to Hurricane Rita relief work; (4) exclude from the gross income of individuals residing in a Hurricane Rita GO Zone certain cancellations of personal indebtedness; and (5) qualify residents in areas affected by Hurricane Rita for housing and education tax credits and other tax benefits currently available to hurricane victims in the Gulf Opportunity Zone.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing an Innovative Strategy
for Antimicrobial Resistant Microorganisms Act of 2015'' and as the
``DISARM Act of 2015''.
SEC. 2. ENCOURAGING THE DEVELOPMENT AND USE OF DISARM ANTIMICROBIAL
DRUGS.
(a) Additional Payment for DISARM Antimicrobial Drugs Under
Medicare.--
(1) In general.--Section 1886(d)(5) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)) is amended by adding at the end
the following new subparagraph:
``(M)(i) Effective for discharges beginning on or
after October 1, 2015, the Secretary shall, after
notice and opportunity for public comment (in the
publications required by subsection (e)(5) for a fiscal
year or otherwise), recognize the costs of DISARM
antimicrobial drugs under the payment system
established under this subparagraph.
``(ii) Pursuant to clause (i), the Secretary shall
provide for additional payment to be made under this
subsection with respect to discharges involving DISARM
antimicrobial drugs in the amount provided for under
section 1847A for drugs and biological products that
are described in section 1842(o)(1)(C).
``(iii) For purposes of this subparagraph, the term
`DISARM antimicrobial drug' means a product that is
approved or licensed for use, or a product for which an
indication is first approved or licensed for use, by
the Food and Drug Administration on or after January 1,
2015, and--
``(I)(aa) is intended to treat an infection
caused by, or likely to be caused by, a
qualifying pathogen (as defined under section
505E(f) of the Federal Food, Drug, and Cosmetic
Act); or
``(bb) meets the definition of a qualified
infectious disease product under section
505E(g) of the Federal Food, Drug, and Cosmetic
Act;
``(II) is intended to treat an infection
for which there is an unmet medical need as
determined by the Food and Drug Administration;
``(III) is intended to treat an infection
that is associated with high rates of mortality
or significant patient morbidity, as determined
by the Secretary, in consultation with the
Director of the Centers for Disease Control and
Prevention and the infectious disease
professional community; and
``(IV) is used in facilities that, to the
extent available to such facilities, as
determined by the Secretary, participate in--
``(aa) the National Healthcare
Safety Network of the Centers for
Disease Control and Prevention; or
``(bb) a similar reporting program
relating to antimicrobial drugs, as
specified by the Secretary.
``(iv)(I) The manufacturer or sponsor of a drug may
request the Secretary to designate a drug as a DISARM
antimicrobial drug at any time before or after the
submission of an application under section 505(b) of
the Federal Food, Drug, and Cosmetic Act or section
351(a) of the Public Health Service Act for such drug.
Pursuant to the previous sentence, the Secretary shall,
not later than 60 days after the submission of such a
request, determine whether the drug will be considered
a DISARM antimicrobial drug in the case that it is
approved or licensed for use, or is first approved or
licensed for an indication.
``(II) Except as provided in subclause (III), a
designation under this clause shall not be withdrawn
for any reason.
``(III) The Secretary may revoke a designation of a
drug as a DISARM antimicrobial drug product if the
Secretary finds that the request for such designation
contained an untrue statement of material fact.
``(v) Not later than October 1, 2016, the Secretary
shall first publish in the Federal Register a list of
the DISARM antimicrobial drugs.
``(vi) The Secretary shall make a proportional
adjustment in the standardized amount determined under
paragraph (3) to assure that the provisions of this
subparagraph do not result in aggregate payments under
this subsection that are greater or less than those
that would otherwise be made under such subsection for
a fiscal year.''.
(2) Relationship to ntap payments.--Section 1886(d)(5) of
the Social Security Act (42 U.S.C. 1395ww(d)(5)), as amended by
paragraph (1), is further amended in subparagraph (K)--
(A) in clause (i), by inserting ``that are not
DISARM antimicrobial drugs (as defined in subparagraph
(M)(iii))'' after ``new medical services and
technologies''; and
(B) in clause (ii)(I), by inserting ``if the
service or technology is not a DISARM antimicrobial
drug and'' after ``a new medical service or
technology''.
(b) Study and Report on Removing Barriers to Development of DISARM
Antimicrobial Drugs.--
(1) Study.--The Comptroller General of the United States
shall, in consultation with the Director of the National
Institutes of Health, the Commissioner of Food and Drugs, and
the Director of the Centers for Disease Control and Prevention,
conduct a study to--
(A) identify and examine the barriers that prevent
the development of DISARM antimicrobial drugs, as
defined in section 1886(d)(5)(M)(iii) of the Social
Security Act, as added by subsection (a); and
(B) develop recommendations for actions to be taken
in order to overcome any barriers identified under
subparagraph (A).
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1).
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Developing an Innovative Strategy for Antimicrobial Resistant Microorganisms Act of 2015 or the DISARM Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) recognize the costs of DISARM antimicrobial drugs under the Medicare payment system for the inpatient services of subsection (d) hospitals, (2) provide for additional payment with respect to discharges involving such drugs, (3) publish in the Federal Register a list of the DISARM antimicrobial drugs, and (4) make a proportional adjustment in standardized payment amounts to assure that the requirements of this Act do not result in aggregate payments greater or less than those that would otherwise be made for a fiscal year. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Defines a "DISARM antimicrobial drug" as one approved or licensed by the Food and Drug Administration on or after January 1, 2015, which, among other things, is intended to treat an infection: caused by, or likely to be caused by, a qualifying pathogen; associated with high rates of mortality or significant patient morbidity; and for which there is an unmet medical need. Requires that the mechanism established by the Secretary to recognize the costs of new medical services and technologies that are not DISARM antimicrobial drugs under the Medicare payment system is applicable to new medical services or technology if the service or technology is not a DISARM antimicrobial drug. Directs the Comptroller General to study the barriers that prevent the development of DISARM antimicrobial drugs and develop recommendations for actions to be taken in order to overcome those barriers.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Our Nation's Interior Act of
2005''.
SEC. 2. EXPEDITED REMOVAL.
Section 235(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii)
and inserting the following:
``(i) In general.--If an immigration
officer determines that an alien (other than an
alien described in subparagraph (F)) who is
arriving in the United States, or who has not
been admitted or paroled into the United States
and who has not affirmatively shown, to the
satisfaction of an immigration officer, that
the alien has been physically present in the
United States continuously for the 1-year
period immediately prior to the date of the
determination of inadmissibility under this
paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), the officer shall
order the alien removed from the United States
without further hearing or review, unless--
``(I) the alien has been charged
with a crime, is in criminal
proceedings, or is serving a criminal
sentence; or
``(II) the alien indicates an
intention to apply for asylum under
section 208 or a fear of persecution
and the officer determines that the
alien has been physically present in
the United States for less than 1 year.
``(ii) Claims for asylum.--If an
immigration officer determines that an alien
(other than an alien described in subparagraph
(F)) who is arriving in the United States, or
who is described in clause (i), and the alien
indicates either an intention to apply for
asylum under section 208 or a fear of
persecution, the officer shall refer the alien
for an interview by an asylum officer under
subparagraph (B) if the officer determines that
the alien has been physically present in the
United States for less than 1 year.''.
SEC. 3. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW
ENFORCEMENT.
Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State or a political subdivision of a State have the inherent authority
of a sovereign entity to apprehend, arrest, detain, or transfer to
Federal custody aliens in the United States (including the
transportation of such aliens across State lines to detention centers),
in the enforcement of the immigration laws of the United States. This
State authority has never been displaced or preempted by Congress.
SEC. 4. DEPARTMENT OF HOMELAND SECURITY RESPONSE TO REQUESTS FOR
ASSISTANCE FROM STATE AND LOCAL LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by adding after section 240C the
following:
``custody of illegal aliens
``Sec. 240D. (a) In General.--If the Governor of a State (or, if
appropriate, a political subdivision of the State), exercising
authority with respect to the apprehension of an illegal alien, submits
a request to the Secretary of Homeland Security that the alien be taken
into Federal custody, the Secretary
``(1) shall--
``(A) not later than 48 hours after the conclusion
of the State charging process or dismissal process, or
if no State charging or dismissal process is required,
after the illegal alien is apprehended, take the
illegal alien into the custody of the Federal
Government and incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily incarcerate or transport
the illegal alien for transfer to Federal custody; and
``(2) shall designate a Federal, State, or local prison or
jail or a private contracted prison or detention facility
within each State as the central facility for that State to
transfer custody of the criminal or illegal aliens to the
Department of Homeland Security. The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement, private entities, and detention
officials to implement this subsection.
``(b) Reimbursement to States and Localities.--The Secretary of
Homeland Security shall reimburse States and localities for all
reasonable expenses, as determined by the Secretary, incurred by a
State or locality in the incarceration and transportation of an illegal
alien as described in subparagraphs (A) and (B) of subsection (a)(1).
Compensation provided for costs incurred under subparagraphs (A) and
(B) of subsection (a)(1) shall be the average cost of incarceration of
a prisoner in the relevant State, as determined by the chief executive
officer of a State (or, as appropriate, a political subdivision of the
State) plus the cost of transporting the criminal or illegal alien from
the point of apprehension, to the place of detention, and to the
custody transfer point if the place of detention and place of custody
are different.
``(c) Incarceration of Illegal Aliens.--The Secretary of Homeland
Security shall ensure that illegal aliens incarcerated in Federal
facilities pursuant to this subsection are held in facilities which
provide an appropriate level of security.
``(d) Transfer of Illegal Aliens.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security may establish a regular circuit
and schedule for the prompt transfer of apprehended illegal
aliens from the custody of States and political subdivisions of
States to Federal custody.
``(2) Agreements.--The Secretary of Homeland Security may
enter into contracts with appropriate State and local law
enforcement, private entities, and detention officials to
implement this subsection.
``(e) Definition.--For purposes of this section, the term `illegal
alien' means an alien who entered the United States without inspection
or at any time or place other than that designated by the Secretary of
Homeland Security.''.
SEC. 5. UNIVERSAL PROCESSING THROUGH THE AUTOMATED ENTRY-EXIT CONTROL
SYSTEM.
(a) Record of Entry and Exit.--Subsection (a) of section 110 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1221 note) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(2) by inserting before paragraph (2) (as so redesignated),
the following new paragraph:
``(1) collect and maintain a record of each admission for
every alien arriving in the United States;''; and
(3) in paragraph (2) (as so redesignated)--
(A) by striking ``(1) collect a record of'' and
inserting ``(1) collect and maintain a record of
each'';
(B) by striking the ``and'' at the end; and
(C) by inserting after paragraph (2) (as so
redesignated), the following:
``(3) verify the identity of every arriving and departing
alien by comparing in real time the biometric identifier on
such alien's travel or entry document or passport with the
arriving or departing alien; and''.
(b) Inspection.--
(1) Paragraph (3) of section 235(a) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)) is amended to read as
follows:
``(3) Inspection.--
``(A) In general.--All aliens (including alien
crewmen) who are applicants for admission or otherwise
seeking admission or readmission to or transit through
the United States shall be inspected by immigration
officers.
``(B) Processing through entry-exit system.--
Notwithstanding any other provision of law and subject
to clauses (i) and (ii), no alien may be admitted to
the United States unless such alien has been processed
through the automated entry-exit control system
required by section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act (8 U.S.C. 1221
note).''.
(2) Paragraph (1) shall apply to all aliens seeking
admission or readmission on or after December 31, 2006.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit a report
to the Congress detailing the additional resources, including machine
readers and personnel, that are needed at each port of entry, based on
recent and anticipated volumes of admissions at such ports of entry, to
fully implement subsection (b).
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Secure Our Nation's Interior Act of 2005 - Amends the Immigration and Nationality Act to revise expedited removal provisions to: (1) apply such provisions to an alien who has not been physically present in the United States continuously for the one-year (currently, two-year) period immediately prior to the date of determination of inadmissibility; and (2) exempt from such authority an alien who has been charged with a crime, is in criminal proceedings, or is serving a criminal sentence.
States that state or local law enforcement personnel have the inherent authority of a sovereign entity to apprehend, arrest, detain, or transfer to federal custody aliens in the United States (including the transportation of such aliens across state lines to detention centers) in the enforcement of U.S. immigration laws.
Directs, upon state or appropriate local request, the Secretary of the Department of Homeland Security (DHS) to: (1) take an illegal alien into federal custody, or request that the relevant state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to federal custody; and (2) designate at least one federal, state, or local prison, or a private contracted prison or detention facility within each state as the central facility for that state to transfer custody of aliens to DHS. Provides for DHS reimbursement of state and local costs incurred in the incarceration and transportation of illegal aliens.
Provides that: (1) aliens (including alien crewmen) seeking admission or readmission to or transit through the United States must be inspected by immigration officers; (2) no alien may be admitted to the United States without having been processed through the automated entry-exit control system; and (3) such system shall verify the identity of every arriving and departing alien by comparing in real time the biometric identifier on such alien's travel or entry document or passport with the arriving or departing alien.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Medicare Medical
Nutrition Therapy Act of 1999''.
(b) Findings.--Congress finds as follows:
(1) Medical nutrition therapy is a medically necessary and
cost-effective way of treating and controlling many diseases
and medical conditions affecting the elderly, including HIV,
AIDS, cancer, kidney disease, diabetes, heart disease, pressure
ulcers, severe burns, and surgical wounds.
(2) Medical nutrition therapy saves health care costs by
speeding recovery and reducing the incidence of complications,
resulting in fewer hospitalizations, shorter hospital stays,
and reduced drug, surgery, and treatment needs.
(3) A study conducted by The Lewin Group shows that, after
the third year of coverage, savings would be greater than costs
for coverage of medical nutrition therapy for all medicare
beneficiaries, with savings projected to grow steadily in
following years.
(4) The Agency for Health Care Policy and Research has
indicated in its practice guidelines that nutrition is key to
both the prevention and the treatment of pressure ulcers (also
called bed sores) which annually cost the health care system an
estimated $1,300,000,000 for treatment.
(5) Almost 17,000,000 patients each year are treated for
illnesses or injuries that stem from or place them at risk of
malnutrition.
(6) Because medical nutrition therapy is not covered under
part B of the medicare program and because more and more health
care is delivered on an outpatient basis, many patients are
denied access to the effective, low-tech treatment they need,
resulting in an increased incidence of complications and a need
for higher cost treatments.
SEC. 2. MEDICARE COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (S);
(2) by striking the period at the end of subparagraph (T)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(U) medical nutrition therapy services (as defined in
subsection (uu)(1));''.
(b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x)
is amended by adding at the end the following new subsection:
``Medical Nutrition Therapy Services; Registered Dietitian or Nutrition
Professional
``(uu)(1) The term `medical nutrition therapy services' means
nutritional diagnostic, therapy, and counseling services for the
purpose of disease management which are furnished by a registered
dietitian or nutrition professional (as defined in paragraph (2))
pursuant to a referral by a physician (as defined in subsection
(r)(1)).
``(2) Subject to paragraph (3), the term `registered dietitian or
nutrition professional' means an individual who--
``(A) holds a baccalaureate or higher degree granted by a
regionally accredited college or university in the United
States (or an equivalent foreign degree) with completion of the
academic requirements of a program in nutrition or dietetics,
as accredited by an appropriate national accreditation
organization recognized by the Secretary for this purpose;
``(B) has completed at least 900 hours of supervised
dietetics practice under the supervision of a registered
dietitian or nutrition professional; and
``(C)(i) is licensed or certified as a dietitian or
nutrition professional by the State in which the services are
performed, or
``(ii) in the case of an individual in a State that does
not provide for such licensure or certification, meets such
other criteria as the Secretary establishes.
``(3) Subparagraphs (A) and (B) of paragraph (2) shall not apply in
the case of an individual who, as of the date of enactment of this
subsection, is licensed or certified as a dietitian or nutrition
professional by the State in which medical nutrition therapy services
are performed.''.
(c) Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(S)'', and
(2) by inserting before the semicolon at the end the
following: ``, and (T) with respect to medical nutrition
therapy services (as defined in section 1861(uu)), the amount
paid shall be 80 percent of the lesser of the actual charge for
the services or the amount determined under the fee schedule
established under section 1848(b) for the same services if
furnished by a physician''.
(d) Effective Date.--The amendments made by this section apply to
services furnished on or after January 1, 2000.
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Medicare Medical Nutrition Therapy Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dietitians and nutrition professionals.
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Change the following text into a summary: SECTION 1. FINDINGS.
Congress finds the following:
(1) The claims of a significant number of African-American
farmers who brought discrimination cases against the Department
of Agriculture in the case Pigford v. Glickman were denied
without such farmers receiving a hearing on the merits of those
claims.
(2) Section 14012 of the Food, Conservation, and Energy Act
of 2008 (Public Law 110-246; 122 Stat. 2210) states that it is
Congress' express intent that such section ``be liberally
construed so as to effectuate its remedial purpose of giving a
full determination on the merits for each Pigford claim
previously denied that determination,'' and explicitly
authorizes expedited resolutions to Pigford claims.
(3) Such section authorizes the expenditure of $100,000,000
from the Commodity Credit Corporation for the purpose of
addressing such claims.
(4) The $100,000,000 expenditure was not intended to serve
as a cap, but was intended to serve as a place-holder allowing
Congress to increase funding as necessary so that each Pigford
claim may be determined on the merits.
(5) The number of African-American farmers who have had
discrimination claims against the Department of Agriculture
unfairly denied may total more than 77,000 persons.
(6) Funding in addition to the $100,000,000 made available
in such section 14012 will be needed to achieve Congress'
intent to carry out the remedial purpose of having each Pigford
claim determined on the merits.
SEC. 2. FUNDING FOR PIGFORD CLAIMS.
Section 14012 of the Food, Conservation, and Energy Act of 2008
(122 Stat. 2209; Public Law 110-246) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Criminal Penalties.--
``(1) In general.--It shall be unlawful for any person to--
``(A) knowingly execute, or attempt to execute, a
scheme or artifice to defraud, or obtain money or
property from any person by means of false or
fraudulent pretenses, representations, or promises,
relating to the eligibility or ability of a person to--
``(i) file a civil action relating to a
Pigford claim;
``(ii) submit a late-filing request under
section 5(g) of the consent decree;
``(iii) obtain a determination on the
merits of a Pigford claim; or
``(iv) recover damages or other relief
relating to a Pigford claim; and
``(B) for the purpose of executing the scheme or
artifice or attempting so to do, or obtaining the money
or property--
``(i) place or deposit, or cause to be
placed or deposited, any matter or thing to be
sent or delivered by the Postal Service or any
private or commercial interstate carrier;
``(ii) take or receive any matter or thing
sent or delivered by the Postal Service or any
private or commercial interstate carrier;
``(iii) knowingly cause to be delivered by
the Postal Service or any private or commercial
interstate carrier any matter or thing
according to the direction on the matter or
thing, or at the place at which the matter or
thing is directed to be delivered by the person
to whom it is addressed; or
``(iv) transmit, or cause to be
transmitted, any writings, signs, signals,
pictures, or sounds by means of wire, radio, or
television communication in interstate or
foreign commerce.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for not
more than 5 years, or both.''; and
(2) in subsection (i), by striking paragraph (2) and
inserting the following:
``(2) Permanent judgment appropriation.--
``(A) In general.--After the expenditure of all
funds made available under paragraph (1), any
additional payments or debt relief in satisfaction of
claims against the United States under subsection (b)
and for any actions under subsection (f) or (g) shall
be paid from amounts appropriated under section 1304 of
title 31, United States Code.
``(B) Authorization of certain expenses.--
Reasonable attorney's fees, administrative costs, and
expenses described in section 14(a) of the consent
decree and related to adjudicating the merits of claims
brought under subsection (b), (f), or (g) shall be paid
from amounts appropriated under section 1304 of title
31, United States Code.
``(3) Authorization of appropriations.--In addition to any
other funds made available under this subsection, there are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
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Amends the Food, Conservation, and Energy Act of 2008 to make it unlawful for a person to knowingly commit specified fraudulent acts relating to a Pigford claim (relating to racial discrimination by the Department of Agriculture). Subjects a violator to criminal fine and/or up to five years in prison.
Provides for: (1) access to the permanent judgment fund for additional claims payments or debt relief after the expenditure of amounts otherwise made available for claims payments; and (2) reasonable attorney fees, administrative costs, and expenses to be paid from such fund.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Water
Conservation, Efficiency, and Management Improvement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Non-federal entity.--The term ``non-Federal entity''
means a State, Indian tribe, irrigation district, water
district, or any other organization with water delivery
authority.
(2) Reclamation state.--The term ``Reclamation State''
means each of the States of Arizona, California, Colorado,
Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah,
Washington, and Wyoming.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may, in accordance with the criteria
published under subsection (b), provide grants to, and enter into
cooperative agreements with non-Federal entities to pay the Federal
share of the cost of a project to plan, design, construct, or otherwise
implement improvements to conserve water, increase water use
efficiency, facilitate water markets, enhance water management, or
implement other actions to prevent water-related crises or conflicts in
watersheds that have a nexus to Federal water projects within the
Reclamation States.
(b) Eligibility Criteria.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, consistent with
this Act, publish in the Federal Register criteria developed by
the Secretary for--
(A) determining the eligibility of a non-Federal
entity for assistance under subsection (a); and
(B) prioritizing requests for assistance under
subsection (a).
(2) Factors.--The criteria developed under paragraph (1)
shall take into account such factors as--
(A) the extent to which a project under subsection
(a) would reduce conflict over water;
(B) the extent to which a project under subsection
(a) would--
(i) increase water use efficiency; or
(ii) enhance water management;
(C) the extent to which unallocated water is
available in the area in which a project under
subsection (a) is proposed to be conducted;
(D) the extent to which a project under subsection
(a) involves water marketing;
(E) the likelihood that the benefit of a project
under subsection (a) would be attained;
(F) whether the non-Federal entity has demonstrated
the ability of the non-Federal entity to pay the non-
Federal share;
(G) the extent to which the assistance provided
under subsection (a) is reasonable for the work
proposed under the project;
(H) the involvement of the non-Federal entity and
stakeholders in a project under subsection (a);
(I) whether a project under subsection (a) is
related to a Bureau of Reclamation project or facility;
and
(J) the extent to which a project under subsection
(a) would conserve water.
(c) Federal Facilities.--If a grant or cooperative agreement under
subsection (a) provides for improvements to a Federal facility--
(1) the Federal funds provided under the grant or
cooperative agreement may be--
(A) provided on a nonreimbursable basis to an
entity operating affected transferred works; or
(B) determined to be nonreimbursable for non-
transferred works; and
(2) title to the improvements to the Federal facility shall
be held by the United States.
(d) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of
carrying out a project assisted under subsection (a) shall be
not more than 50 percent.
(2) Non-federal share.--In calculating the non-Federal
share of the cost of carrying out a project under subsection
(a), the Secretary--
(A) may include any in-kind contributions that the
Secretary determines would materially contribute to the
completion of proposed project; and
(B) shall exclude any funds received from other
Federal agencies.
(e) Operation and Maintenance Costs.--The non-Federal share of the
cost of operating and maintaining improvements assisted under
subsection (a) shall be 100 percent.
(f) Mutual Benefit.--Grants or cooperative agreements made under
this section or section 4 may be for the mutual benefit of the United
States and the entity that is provided the grant or enters into the
cooperative agreement.
(g) Liability.--
(1) In general.--Except as provided in paragraph (2), the
United States shall not be liable under Federal or State law
for monetary damages of any kind arising out of any act,
omission, or occurrence relating to any non-Federal facility
constructed or improved under this title.
(2) Exception.--Notwithstanding paragraph (1), the United
States may be held liable for damages to non-Federal facilities
caused by acts of negligence committed by the United States or
by an employee or agent of the United States.
(3) No additional liability.--Nothing in this section
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code
(commonly known as the ``Federal Torts Claim Act'').
SEC. 4. RESEARCH AGREEMENTS.
The Secretary may enter into cooperative agreements with
institutions of higher education, nonprofit research institutions, or
organizations with water or power delivery authority to fund research
to conserve water, increase water use efficiency, or enhance water
management under such terms and conditions as the Secretary determines
to be appropriate.
SEC. 5. EFFECT.
Nothing in this title affects any existing project-specific funding
authority.
SEC. 6. EFFECT ON STATE WATER LAW.
Nothing in this Act invalidates, preempts, or creates any exception
to State water law, State water rights, or any interstate compact
governing water.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$25,000,000 for each of fiscal years 2007 through 2016.
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Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation, to provide grants to, and enter into cooperative agreements with, nonfederal entities with water delivery authority to pay the federal share of the cost of a project to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to federal water projects within reclamation states (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming). Directs the Secretary to publish assistance eligibility and priority criteria. Limits the federal cost share of the project to 50%. Sets the nonfederal cost share for project operation and maintenance at 100%.
Authorizes the Secretary to enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management.
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Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Responsibility to
Iraqi Refugees Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Expansion of special immigrant status for certain Iraqis.
Sec. 3. Special Coordinator for Iraqi refugees.
Sec. 4. Security and related grounds for inadmissibility.
Sec. 5. Authorizations of appropriations.
SEC. 2. EXPANSION OF SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
(a) In General.--Notwithstanding any other provision of law, for
purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), subject to subsection (c)(1), the Secretary of Homeland Security
may provide an alien described in subsection (b) with the status of a
special immigrant under section 101(a)(27) of such Act (8 U.S.C.
1101(a)(27)), if--
(1) the alien, or an agent acting on behalf of the alien,
files with the Secretary of Homeland Security a petition under
section 204 of such Act (8 U.S.C. 1154) for classification
under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2) the alien is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States for
permanent residence, except in determining such admissibility,
the grounds for inadmissibility specified in section 212(a)(4)
of such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is a national of Iraq;
(B) worked directly with the United States
Government, the United Nations, certified government or
United Nations contractor or subcontractor, or United
States-based nongovernmental organization for a period
of at least one year; and
(C) has a not manifestly unfounded fear of
persecution, violence, or harm to the alien or the
alien's family on account of the work of the alien
under subparagraph (B).
(2) Spouses and children.--An alien is described in this
subsection if the alien is the spouse or child of a principal
alien described in paragraph (1), and is following or
accompanying to join the principal alien.
(3) Presumption.--An alien who is described in
subparagraphs (A) and (B) of paragraph (1) shall be presumed to
satisfy the requirement described in subparagraph (C) of such
paragraph.
(c) Numerical Limitations and Benefits.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
shall not exceed 15,000 for each of fiscal years 2008 through
2011.
(2) Exclusion from numerical limitations.--Aliens provided
special immigrant status under this 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)).
(3) Benefits.--Aliens provided special immigrant status
under this section shall be eligible for the same resettlement
assistance, entitlement programs, and other benefits as
refugees admitted under section 207 of the Immigration and
Naturalization Act (8 U.S.C. 1157).
(d) Protection of Aliens.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall provide an alien
described in this section who is applying for a special
immigrant visa with protection if such Secretaries determine
that such alien is in imminent danger.
(2) Forms of protection.--Protection required under
paragraph (1) may include temporary housing on United States
military bases or at provincial reconstruction team offices or
the immediate removal from Iraq of such alien.
(e) Processing Facilities.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
establish not fewer than five processing facilities where
aliens described in subsection (b) may apply and interview for
admission to the United States as special immigrants and where
aliens described in section 6(b) may apply and interview for
admission to the United States as refugees.
(2) Locations.--The processing facilities required under
paragraph (1) shall be established in at least--
(A) two locations in Baghdad;
(B) one location in southern Iraq; and
(C) two locations in Iraqi Kurdistan.
(3) Minimization of security risks.--The processing
facilities shall be established so as to minimize to the
greatest extent practicable security risks for aliens described
in subsection (b) who are applying and interviewing for
admission to the United States as special immigrants.
(f) Cooperation With Iraqi Government Officials.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security shall seek to cooperate with appropriate
officials from the Government of Iraq to--
(A) increase the capacity of the Government of Iraq
to issue passports to aliens described in subsection
(b); and
(B) ensure that aliens described in this section
who are issued special immigrant visas are provided
with the appropriate series Iraqi passport necessary to
enter the United States.
(2) Payment of passport fees.--The Secretaries shall pay
the costs associated with the issuance of such Iraqi passports.
(g) Waiver of Visa Fees.--Neither the Secretary of State nor the
Secretary of Homeland may charge an alien described in this section any
fee in connection with an application for or issuance of a special
immigrant visa.
(h) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on aliens described in this section who
worked directly with the United States Government, the United
Nations or other international organizations, certified
government or international organization contractors or
subcontractors, or international nongovernmental organization
as a translator for a period of at least one year.
(2) Classified annex.--The report required under paragraph
(1) may include a classified annex, containing information
relating to personally identifiable information, as necessary,
to be used by appropriate United States Government officials
for the purpose of processing applications for special
immigrant visas under this section.
(i) Application of Immigration and Nationality Act Provisions.--The
definitions in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the
administration of this section.
(j) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
promulgate regulations to carry out the provisions of this section,
including regulations relating to requirements for background checks.
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 3. SPECIAL COORDINATOR FOR IRAQI REFUGEES.
(a) In General.--There is established in the Department of State a
Special Coordinator for Iraqi Refugees and Internally Displaced
Persons.
(b) Location.--The Special Coordinator shall be based at the
embassy of the United States in Baghdad, Iraq.
(c) Duties.--The Special Coordinator shall be responsible for the
development and implementation of appropriate policies and programs
concerning Iraqi refugees and internally displaced persons, and shall
establish an inter-agency task force to coordinate such policies and
programs.
SEC. 4. COUNTRIES OF SIGNIFICANCE.
With respect to each country containing a significant population of
displaced Iraqis, including Iraq, Jordan, Syria, Turkey, and Lebanon,
the Secretary of State shall--
(1) as appropriate, seek to negotiate a bilateral refugee
resettlement agreement for such populations;
(2) develop mechanisms to ensure the well-being, safety,
and right to work of such populations in their host
environments, including the necessary financial, material, and
political assistance to support such mechanisms;
(3) submit to Congress, not later than 90 days after the
date of the enactment of this Act and every 90 days thereafter,
a report on the actions taken and progress made under this
subsection.
SEC. 5. STUDY AND REPORT BY GAO.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the Comptroller General of the United States
shall submit to Congress a report on the adequacy and effectiveness of
United States and United Nations programs to protect and assist Iraqi
refugees and internally displaced persons.
SEC. 6. INCREASE IN NUMERICAL LIMITATIONS.
(a) In General.--In addition to the numerical limitations provided
for under subsections (a) and (b) of section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), the number of refugees who may be
admitted during the remainder of fiscal year 2007 and during fiscal
year 2008 under subsection (c) of such section shall be increased by
not fewer than 20,000 for the purpose of admitting refugees from Iraq.
(b) Prioritization.--The following groups shall me considered
Priority 2 refugees of special humanitarian concern under the refugee
resettlement priority system:
(1) Female-headed households and unaccompanied children.
(2) Religious communities of antiquity, including Chaldo-
Assyrian Christians, Jews, Sabean Mandeans, Yazidis, Bahais,
and others.
(3) Other religious, ethnic, social, or minority groups,
including gay and lesbian Iraqis, subject to violence,
intimidation, or discrimination by state or non-state actors.
(4) Iraqis with family members in the United States.
SEC. 7. SECURITY AND RELATED GROUNDS FOR INADMISSIBILITY.
(a) In General.--Section 212(d)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as
follows:
``(B)(i) The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or the
Secretary of Homeland Security, after consultation with the Secretary
of State and the Attorney General, may determine in such Secretary's
sole unreviewable discretion that subsection (a)(3)(B) shall not apply
with respect to an alien within the scope of that subsection, or that
subsection (a)(3)(B)(vi)(III) shall not apply to a group. Such a
determination shall neither prejudice the ability of the United States
Government to commence criminal or civil proceedings involving a
beneficiary of such a determination or any other person, nor create any
substantive or procedural right or benefit for a beneficiary of such a
determination or any other person. Notwithstanding any other provision
of law (statutory or non-statutory), including section 2241 of title
28, United States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, no court shall have jurisdiction
to review such a determination except in a proceeding for review of a
final order of removal pursuant to section 242 and only to the extent
provided in subsection (a)(2)(D) of such section. The Secretary of
State may not exercise the discretion provided in this clause with
respect to an alien at any time during which the alien is the subject
of pending removal proceedings under section 240.''.
(b) Duress Exception.--Section 212(a)(3)(B)(iv)(VI) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)) is
amended, in the matter preceding item (aa), by striking ``to commit an
act that the actor knows'' and inserting ``to commit an act, other than
an act carried out under duress, that the actor knows''.
(c) Technical Correction.--Section 212(a)(3)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is
amended, in the matter preceding subclause (I), by striking ``Subclause
(VII)'' and inserting ``Subclause (IX)''.
(d) Regulations.--Not later than 180 days after the date of the
enactment of this section, the Secretary of Homeland Security and the
Secretary of State shall each publish in the Federal Register
regulations establishing the process by which the eligibility of a
refugee, asylum seeker, or individual seeking to adjust the immigration
status of such individual is considered eligible for any of the
exceptions authorized by clause (i) of section 212(d)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)), including a
timeline for issuing a determination relating thereto.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this section. Such amendments
and sections 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)) shall apply
to--
(1) removal proceedings instituted before, on, or after the
date of the enactment of this section; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
(f) Waiver of Limitation on United States Emergency Refugee and
Migration Assistance Fund.--Funds appropriated or otherwise made
available for each of fiscal years 2008 and 2009 for the United States
Emergency Refugee and Migration Assistance Fund established under
section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)(2)) shall not be subject to the limitation contained in
the second sentence of such section.
SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS.
(a) United States Emergency Refugee and Migration Assistance
Fund.--There is authorized to be appropriated such sums as may be
necessary to carry out the provisions of section 2(c) of the Migration
and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) for assistance
to Iraqi refugees.
(b) Migration and Refugee Assistance.--There is authorized to be
appropriated such sums as may be necessary to the Migration and Refugee
Assistance account of the Department of State, of which--
(1) for assistance to Iraqi refugees in countries of first
asylum through international nongovernmental organizations;
(2) for a contribution to the United Nations High
Commissioner for Refugees;
(3) for a contribution to the International Committee of
the Red Cross; and
(4) for the resettlement in the United States of Iraqis
admitted to the United States as special immigrants or refugees
under this Act.
(c) Office of Refugee Resettlement.--There is authorized to be
appropriated such sums as may be necessary to the Office of Refugee
Resettlement of the Department of Health and Human Services for the
resettlement in the United States of Iraqi refugees.
(d) Department of Homeland Security.--There is authorized to be
appropriated such sums as may be necessary to the Secretary of Homeland
Security for expedited refugee processing and the temporary expansion
of the Refugee Corps of United States Citizenship and Immigration
Services of the Department of Homeland Security.
(e) International Disaster and Famine Assistance Account.--There is
authorized to be appropriated such sums as may be necessary to the
International Disaster and Famine Assistance account of the Department
of State for assistance to internally displaced Iraqis.
(f) FBI.--There is authorized to be appropriated such sums as may
be necessary to the Federal Bureau of Investigation to expedite
background checks and processing for Iraqis admitted to the United
States as special immigrants or refugees under this Act.
(g) Diplomatic and Consular Programs.--There is authorized to be
appropriated to such sums as may be necessary to the Diplomatic and
Consular Programs account of the Department of State to increase
capacity to process special immigrant visas for Iraqis.
(h) Amounts and Availability.--Amounts authorized to be
appropriated under this section shall be in addition to amounts for
such purposes that are otherwise authorized to be appropriated. Amounts
appropriated under this section are authorized to remain available
until expended.
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Responsibility to Iraqi Refugees Act of 2007 - Authorizes the Secretary of Homeland Security to provide special immigrant status to an Iraqi national (and spouse or child of such alien) who: (1) worked directly with the U.S. government, the United Nations, certified government or U.N. contractor or subcontractor, or U.S.-based nongovernmental organization for at least one year; and (2) has a not manifestly unfounded fear of persecution, violence, or harm to the alien or the alien's family because of such work.
Sets forth annual entry limits through FY2011 for such aliens.
Directs the Secretary of State to: (1) provide such aliens who are in imminent danger with protection, including temporary housing on U.S. military bases or at provincial reconstruction team offices or immediate removal from Iraq; and (2) establish at least five alien processing facilities in Iraq.
Establishes in the Department of State a Special Coordinator for Iraqi Refugees and Internally Displaced Persons, to be based at the U.S. embassy in Baghdad, Iraq. States that the Special Coordinator shall be responsible for the development and implementation of policies and programs for Iraqi refugees and internally displaced persons, and shall establish a related inter-agency task force.
Directs the Secretary of State to seek to negotiate a bilateral refugee resettlement agreement with each country containing a significant population of displaced Iraqis, including Jordan, Syria, Turkey, and Lebanon.
Increases FY2007-FY2008 refugee admissions for persons who are not not firmly settled in a foreign country and who are of humanitarian concern to the United States in order to admit Iraqi refugees. Sets forth priority groups.
Revises the authority of the Secretary of State or the Secretary of Homeland Security to determine that security and related grounds for inadmissibility shall not apply to an individual or a group.
Waives the FY2008-FY2009 funding cap for the United States Emergency Refugee and Migration Assistance Fund.
Authorizes appropriations to specified entities and agencies for Iraqi refugee-related assistance.
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Summarize the following text: SECTION 1. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES
FROM NOTIFICATION REQUIREMENTS.
(a) Exemption From Notification Requirements.--Paragraph (5) of
section 527(i) of the Internal Revenue Code of 1986 (relating to
organizations must notify Secretary that they are section 527
organizations) is amended by striking ``or'' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ``, or'', and by adding at the end the following:
``(C) which is a political committee of a State or local
candidate or which is a State or local committee of a political
party.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the amendments made by Public Law 106-
230.
SEC. 2. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES FROM
REPORTING REQUIREMENTS.
(a) In General.--Section 527(j)(5) of the Internal Revenue Code of
1986 (relating to coordination with other requirements) is amended by
redesignating subparagraphs (C), (D), and (E) as subparagraphs (D),
(E), and (F), respectively, and by inserting after subparagraph (B) the
following new subparagraph:
``(C) to any organization which is a qualified State or
local political organization,''.
(b) Qualified State or Local Political Organization.--Subsection
(e) of section 527 of the Internal Revenue Code of 1986 (relating to
other definitions) is amended by adding at the end the following new
paragraph:
``(5) Qualified state or local political organization.--
``(A) In general.--The term `qualified State or local
political organization' means a political organization--
``(i) all the exempt functions of which are solely for
the purposes of influencing or attempting to influence the
selection, nomination, election, or appointment of any
individual to any State or local public office or office in
a State or local political organization,
``(ii) which is subject to State law that requires the
organization to report (and it so reports)--
``(I) information regarding each separate
expenditure from and contribution to such organization,
and
``(II) information regarding the person who makes
such contribution or receives such expenditure,
which would otherwise be required to be reported under this
section, and
``(iii) with respect to which the reports referred to
in clause (ii) are (I) made public by the agency with which
such reports are filed, and (II) made publicly available
for inspection by the organization in the manner described
in section 6104(d).
``(B) Certain state law differences disregarded.--An
organization shall not be treated as failing to meet the
requirements of subparagraph (A)(ii) solely by reason of 1 or
more of the following:
``(i) The minimum amount of any expenditure or
contribution required to be reported under State law is not
more than $300 greater than the minimum amount required to
be reported under subsection (j).
``(ii) The State law does not require the organization
to identify 1 or more of the following:
``(I) The employer of any person who makes
contributions to the organization.
``(II) The occupation of any person who makes
contributions to the organization.
``(III) The employer of any person who receives
expenditures from the organization.
``(IV) The occupation of any person who receives
expenditures from the organization.
``(V) The purpose of any expenditure of the
organization.
``(VI) The date any contribution was made to the
organization.
``(VII) The date of any expenditure of the
organization.
``(C) De minimis errors.--An organization shall not fail to
be treated as a qualified State or local political organization
solely because such organization makes de minimis errors in
complying with the State reporting requirements and the public
inspection requirements described in subparagraph (A) as long
as the organization corrects such errors within a reasonable
period after the organization becomes aware of such errors.
``(D) Participation of federal candidate or office
holder.--The term `qualified State or local political
organization' shall not include any organization otherwise
described in subparagraph (A) if a candidate for nomination or
election to Federal elective public office or an individual who
holds such office--
``(i) controls or materially participates in the
direction of the organization,
``(ii) solicits contributions to the organization
(unless the Secretary determines that such solicitations
resulted in de minimis contributions and were made without
the prior knowledge and consent, whether explicit or
implicit, of the organization or its officers, directors,
agents, or employees), or
``(iii) directs, in whole or in part, disbursements by
the organization.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.
SEC. 3. EXEMPTION FROM ANNUAL RETURN REQUIREMENTS.
(a) Income Tax Returns Required Only for Political Organization
Taxable Income.--Paragraph (6) of section 6012(a) of the Internal
Revenue Code of 1986 (relating to persons required to make returns of
income) is amended by striking ``or which has'' and all that follows
through ``section)''.
(b) Income Tax Returns Not Subject to Disclosure.--
(1) Disclosure by the secretary.--Subsection (b) of section
6104 of such Code (relating to disclosure by the Secretary of
annual information returns) is amended by striking ``6012(a)(6),''.
(2) Public inspection.--Subsection (d) of section 6104 of such
Code (relating to public inspection of certain annual returns) is
amended--
(A) in paragraph (1)(A)(i) by striking ``or section
6012(a)(6) (relating to returns by political organizations)'',
and
(B) in subparagraph (2) by striking ``or section
6012(a)(6)''.
(c) Information Returns.--Subsection (g) of section 6033 of such
Code (relating to returns required by political organizations) is
amended to read as follows:
``(g) Returns Required by Political Organizations.--
``(1) In general.--This section shall apply to a political
organization (as defined by section 527(e)(1)) which has gross
receipts of $25,000 or more for the taxable year. In the case of a
political organization which is a qualified State or local
political organization (as defined in section 527(e)(5)), the
preceding sentence shall be applied by substituting `$100,000' for
`$25,000'.
``(2) Annual returns.--Political organizations described in
paragraph (1) shall file an annual return--
``(A) containing the information required, and complying
with the other requirements, under subsection (a)(1) for
organizations exempt from taxation under section 501(a), with
such modifications as the Secretary considers appropriate to
require only information which is necessary for the purposes of
carrying out section 527, and
``(B) containing such other information as the Secretary
deems necessary to carry out the provisions of this subsection.
``(3) Mandatory exceptions from filing.--Paragraph (2) shall
not apply to an organization--
``(A) which is a State or local committee of a political
party, or political committee of a State or local candidate,
``(B) which is a caucus or association of State or local
officials,
``(C) which is an authorized committee (as defined in
section 301(6) of the Federal Election Campaign Act of 1971) of
a candidate for Federal office,
``(D) which is a national committee (as defined in section
301(14) of the Federal Election Campaign Act of 1971) of a
political party,
``(E) which is a United States House of Representatives or
United States Senate campaign committee of a political party
committee,
``(F) which is required to report under the Federal
Election Campaign Act of 1971 as a political committee (as
defined in section 301(4) of such Act), or
``(G) to which section 527 applies for the taxable year
solely by reason of subsection (f)(1) of such section.
``(4) Discretionary exception.--The Secretary may relieve any
organization required under paragraph (2) to file an information
return from filing such a return if the Secretary determines that
such filing is not necessary to the efficient administration of the
internal revenue laws.''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.
SEC. 4. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.
(a) In General.--The Secretary of the Treasury, in consultation
with the Federal Election Commission, shall publicize--
(1) the effect of the amendments made by this Act, and
(2) the interaction of requirements to file a notification or
report under section 527 of the Internal Revenue Code of 1986 and
reports under the Federal Election Campaign Act of 1971.
(b) Information.--Information provided under subsection (a) shall
be included in any appropriate form, instruction, notice, or other
guidance issued to the public by the Secretary of the Treasury or the
Federal Election Commission regarding reporting requirements of
political organizations (as defined in section 527 of the Internal
Revenue Code of 1986) or reporting requirements under the Federal
Election Campaign Act of 1971.
SEC. 5. WAIVER OF FILING AMOUNTS.
(a) Waiver of Filing Amounts.--Section 527 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(k) Authority To Waive.--The Secretary may waive all or any
portion of the--
``(1) tax assessed on an organization by reason of the failure
of the organization to comply with the requirements of subsection
(i), or
``(2) amount imposed under subsection (j) for a failure to
comply with the requirements thereof,
on a showing that such failure was due to reasonable cause and not due
to willful neglect.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any tax assessed or amount imposed after June 30, 2000.
SEC. 6. MODIFICATIONS TO SECTION 527 ORGANIZATION DISCLOSURE
PROVISIONS.
(a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section
527(i) of the Internal Revenue Code of 1986 (relating to failure to
notify) is amended by adding at the end the following new sentence:
``For purposes of the preceding sentence, the term `exempt function
income' means any amount described in a subparagraph of subsection
(c)(3), whether or not segregated for use for an exempt function.''.
(b) Procedures for Assessment and Collection of Amounts.--Paragraph
(1) of section 527(j) of the Internal Revenue Code of 1986 (relating to
required disclosure of expenditures and contributions) is amended by
adding at the end the following new sentence: ``For purposes of
subtitle F, the amount imposed by this paragraph shall be assessed and
collected in the same manner as penalties imposed by section
6652(c).''.
(c) Duplicate Written Filings Not Required.--Subparagraph (A) of
section 527(i)(1) of the Internal Revenue Code of 1986 is amended by
striking ``, electronically and in writing,'' and inserting
``electronically''.
(d) Application of Fraud Penalty.--Section 7207 of the Internal
Revenue Code of 1986 (relating to fraudulent returns, statements, and
other documents) is amended by striking ``pursuant to subsection (b) of
section 6047 or pursuant to subsection (d) of section 6104'' and
inserting ``pursuant to section 6047(b), section 6104(d), or subsection
(i) or (j) of section 527''.
(e) Contents and Filing of Report.--
(1) Contents.--Section 527(j)(3) of the Internal Revenue Code
of 1986 (relating to contents of report) is amended--
(A) by inserting ``, date, and purpose'' after ``The
amount'' in subparagraph (A), and
(B) by inserting ``and date'' after ``the amount'' in
subparagraph (B).
(2) Electronic filing.--Section 527(j) of such Code is amended
by adding at the end the following new paragraph:
``(7) Electronic filing.--Any report required under paragraph
(2) with respect to any calendar year shall be filed in electronic
form if the organization has, or has reason to expect to have,
contributions exceeding $50,000 or expenditures exceeding $50,000
in such calendar year.''.
(3) Electronic filing and access of required disclosures.--
Section 527 of such Code, as amended by section 5(a), is amended by
redesignating subsection (k) as subsection (l) and by inserting
after subsection (j) the following new subsection:
``(k) Public Availability of Notices and Reports.--
``(1) In general.--The Secretary shall make any notice
described in subsection (i)(1) or report described in subsection
(j)(7) available for public inspection on the Internet not later
than 48 hours after such notice or report has been filed (in
addition to such public availability as may be made under section
6104(d)(7)).
``(2) Access.--The Secretary shall make the entire database of
notices and reports which are made available to the public under
paragraph (1) searchable by the following items (to the extent the
items are required to be included in the notices and reports):
``(A) Names, States, zip codes, custodians of records,
directors, and general purposes of the organizations.
``(B) Entities related to the organizations.
``(C) Contributors to the organizations.
``(D) Employers of such contributors.
``(E) Recipients of expenditures by the organizations.
``(F) Ranges of contributions and expenditures.
``(G) Time periods of the notices and reports.
Such database shall be downloadable.''.
(f) Contents of Notice.--Section 527(i)(3) of the Internal Revenue
Code of 1986 (relating to contents of notice) is amended by striking
``and'' at the end of subparagraph (D), by redesignating subparagraph
(E) as subparagraph (F), and by inserting after subparagraph (D) the
following new subparagraph:
``(E) whether the organization intends to claim an
exemption from the requirements of subsection (j) or section
6033, and''.
(g) Timing of Notice in Case of Material Change.--
(1) In general.--Subparagraph (B) of section 527(i)(1) of the
Internal Revenue Code of 1986 (relating to general notification
requirement) is amended by inserting ``or, in the case of any
material change in the information required under paragraph (3),
for the period beginning on the date on which the material change
occurs and ending on the date on which such notice is given'' after
``given''.
(2) Time to give notice.--Section 527(i)(2) of the Internal
Revenue Code of 1986 (relating to time to give notice) is amended
by inserting ``or, in the case of any material change in the
information required under paragraph (3), not later than 30 days
after such material change'' after ``established''.
(3) Effect of failure.--Paragraph (4) of section 527(i) of the
Internal Revenue Code of 1986 (relating to effect of failure) is
amended by inserting before the period at the end the following:
``or, in the case of a failure relating to a material change, by
taking into account such income and deductions only during the
period beginning on the date on which the material change occurs
and ending on the date on which notice is given under this
subsection''.
(h) Effective Dates.--
(1) Subsections (a) and (b).--The amendments made by
subsections (a) and (b) shall apply to failures occurring on or
after the date of the enactment of this Act.
(2) Subsection (c).--The amendments made by subsection (c)
shall take effect as if included in the amendments made by Public
Law 106-230.
(3) Subsection (d).--The amendment made by subsection (d) shall
apply to reports and notices required to be filed on or after the
date of the enactment of this Act.
(4) Subsections (e)(1) and (f).--The amendments made by
subsections (e)(1) and (f) shall apply to reports and notices
required to be filed more than 30 days after the date of the
enactment of this Act.
(5) Subsections (e)(2) and (e)(3).--The amendments made by
subsections (e)(2) and (e)(3) shall apply to reports required to be
filed on or after June 30, 2003.
(6) Subsection (g).--
(A) In general.--The amendments made by subsection (g)
shall apply to material changes on or after the date of the
enactment of this Act.
(B) Transition rule.--In the case of a material change
occurring during the 30-day period beginning on the date of the
enactment of this Act, a notice under section 527(i) of the
Internal Revenue Code of 1986 (as amended by this Act) shall
not be required to be filed under such section before the later
of--
(i) 30 days after the date of such material change, or
(ii) 45 days after the date of the enactment of this
Act.
SEC. 7. EFFECT OF AMENDMENTS ON EXISTING DISCLOSURES.
Notices, reports, or returns that were required to be filed with
the Secretary of the Treasury before the date of the enactment of the
amendments made by this Act and that were disclosed by the Secretary of
the Treasury consistent with the law in effect at the time of
disclosure shall remain subject on and after such date to the
disclosure provisions of section 6104 of the Internal Revenue Code of
1986.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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(Sec. 1) Amends the Internal Revenue Code (IRC) to exempt State and local committees of candidates and of political parties from specified notification requirements.(Sec. 2) Exempts a "qualified State or local political organization" from specified reporting requirements. Defines "qualified State or local political organization."(Sec. 3) Requires an annual income tax return from political organizations only with respect to political organization taxable income. (Currently, such a return is required with respect to such income or if gross receipts exceed $25,000.) Exempts such returns from disclosure.Requires the filing of an annual information return by a political organization with gross receipts of $25,000 or more or with gross receipts of $100,000 or more in the case of a qualified State or local political organization, except for certain organizations including: (1) a State or local committee of a political party, or political committee of a State or local candidate; (2) a caucus or association of State or local officials; (3) an authorized committee of a candidate for Federal office; (4) a national committee of a political party; or (5) a U.S. House of Representatives or U.S. Senate campaign committee of a political party committee.(Sec. 4) Requires the Secretary of the Treasury to publicize the effects of this Act and the interaction of IRC requirements with Federal Election Campaign Act of 1971 requirements.(Sec. 5) Permits the waiver of an organization's failure to comply tax if due to reasonable cause and not to willful neglect.(Sec. 6) Makes additional amendments to IRC section 527 (Political Organizations) concerning: (1) unsegregated funds; (2) penalty assessment and collection procedures; (3) electronic filing; (4) public availability of notices and reports; and (5) timing of notice of material change.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Child Care Lending for the
Gulf Coast Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Census reported pre-Katrina that there were--
(A) 25,000 two-parent families in New Orleans with
children under 18;
(B) 26,000 female householders with children under
18, and no husband present; and
(C) more than 18,000 householders who were more
than 65 years old and living alone.
(2) Studies have stated that reopening child care
facilities was crucial for helping parents get back to work and
businesses to recover.
(3) Studies have shown that without available and
affordable child care economic recovery will be greatly impeded
and lead to a reduction in worker productivity.
(4) In New Orleans before the Hurricanes Katrina and Rita,
the city had 1,912 day-care slots at 266 licensed centers, but
now 80 percent of those centers and 75 percent of those slots
are gone.
(5) The National Association of Child Care Resource and
Referral Agencies, reported in a study published by the
Mississippi State University Early Childhood Institute that
between 62 percent to 94 percent of the licensed child care
slots in the three coastal counties hardest hit by Hurricanes
Katrina and Rita in Mississippi were lost.
(6) In Jackson County, Mississippi, initial assessment
found that one-fourth of the county's licensed centers were
damaged beyond repair, representing 11 percent of the county's
licensed child care capacity and another 39 percent of centers
needed repairs.
(7) Studies have stated the most effective way to rebuild
the child care infrastructure is to--
(A) help child care programs in the disaster area
reopen as rapidly as was safe by giving priority to
licensed early childhood facilities; and
(B) recruit, train, and retain child-care
professionals.
SEC. 3. EMERGENCY CHILD CARE LENDING PILOT PROGRAM.
(a) Loans Authorized.--Notwithstanding section 502(1) of the Small
Business Investment Act of 1958, the proceeds of any loan described in
section 502 of such Act may be used by the certified development
company to provide loans to small, nonprofit child care businesses,
provided that--
(1) the loan will be used for a sound business purpose that
has been approved by the Administrator of the Small Business
Administration (hereafter in this section referred to as the
Administrator);
(2) each such business meets the eligibility requirements
applicable to for-profit businesses receiving a similar loan,
except for status as a for-profit business;
(3) 1 or more individuals have personally guaranteed the
loan;
(4) the small, non-profit child care business has clear and
singular title to the collateral for the loan;
(5) the small, non-profit child care business has supplied
sufficient information supporting the ability to obtain future
cash flow from its operations to meet its obligations on the
loan and its normal and reasonable operating expenses; and
(6) have a track record of providing child care services in
the presidentially declared disaster areas in the Gulf Coast
region.
(b) Limitation on Volume.--Not more than 3 percent of the total
number of loans guaranteed in fiscal year 2007, and 2008 under title V
of the Small Business Investment Act of 1958 may be awarded under the
program described in this section.
(c) Small, Non-Profit Child Care Business.--For purposes of this
section, the term ``small, non-profit child care business'' means an
organization that--
(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code;
(2) is primarily engaged in providing child care for
infants, toddlers, pre-school, or pre-kindergarten children (or
any combination thereof), may provide care for older children
when they are not in school, and may offer pre-kindergarten
educational programs;
(3) including its affiliates, has tangible net worth that
does not exceed $7,000,000, and has average net income
(excluding any carryover losses) for the preceding 2 completed
fiscal years that does not exceed $2,500,000; and
(4) is licensed as a child care provider by the District of
Columbia, the insular area, or the State, in which it is
located.
(d) Termination.--No loan shall be made under this section after
December 30, 2007.
(e) Reports.--
(1) Small business administration.--Not later than 3 months
after the date of the enactment of this Act, and every 3 months
thereafter until September 30, 2008, the Administrator shall
submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the
implementation of the loan program described in this section.
Each such report shall include--
(A) the date on which the loan program is
implemented;
(B) the date on which the rules are issued pursuant
to subsection (f);
(C) the number and dollar amount of loans under the
program; applied for, approved, and disbursed during
the previous 3 months; and
(D) number of loans made to minority-owned firms
and to woman-owned firms.
(2) General accounting office.--Not later than March 31,
2008, the Comptroller General of the United States shall submit
a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the
assistance provided under the loan program established by this
section. Such report shall include information regarding the
first 2 years of the loan program, including--
(A) an evaluation of the timeliness of the
implementation of the loan program;
(B) a description of the effectiveness and ease
with which certified development companies, lenders,
and small businesses have participated in the loan
program;
(C) a description and assessment of how the loan
program was marketed;
(D) by location in total, the number of small,
nonprofit child care businesses that--
(i) applied for loans under the program
(stated separately for new and expanding child
care providers); and
(ii) received loan disbursements under the
program (stated separately for new and
expanding child care providers);
(E) the total amount loaned to such businesses
under the program;
(F) the total number of loans made to such
businesses under the program;
(G) the average loan amount and term of loans made
under the program;
(H) the currency rate, delinquencies, defaults, and
losses of the loans made under the program;
(I) the number and percent of children served
through the program who receive subsidized assistance;
and
(J) the number and percent of children served
through the program who are minority or low-income.
(3) Access to information.--
(A) Collection.--The Administrator shall collect
and maintain such information as may be necessary to
carry out paragraph (2) from certified development
centers and child care providers, and such centers and
providers shall comply with a request for information
from the Administrator for that purpose.
(B) Provision of information to gao.--The
Administrator shall provide information collected under
subparagraph (A) to the Comptroller General of the
United States for purposes of the report required by
paragraph (2).
(f) Rulemaking Authority.--Not later than 60 days after the date of
the enactment of this Act, the Administrator shall issue final rules to
carry out the loan program authorized by this section.
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Emergency Child Care Lending for the Gulf Coast Act of 2006 - Authorizes the proceeds of a loan for plant acquisition, construction, conversion, or expansion under the Small Business Investment Act of 1958 to be used by the certified development company to provide loans to small, nonprofit child care businesses that have a track record of providing such services in the presidentially declared disaster areas in the Gulf Coast region.
Limits to 3% the amount of the total number of such loans guaranteed in FY2007-FY2008 that may be awarded for the program under this Act. Terminates such program after December 30, 2007.
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Create a summary of the following text: SECTION 1. DECLARATION OF POLICY.
It is the policy of the United States to end the needless maiming
and suffering inflicted upon animals through the use of leghold traps
by prohibiting the import or export of, and the shipment in interstate
commerce of, such traps and of articles of fur from animals that were
trapped in such traps.
SEC. 2. DEFINITIONS.
In this Act:
(1) Article of fur.--The term ``article of fur'' means--
(A) any furskin, whether raw or tanned or dressed;
or
(B) any article, however produced, that consists in
whole or part of any furskin.
For purposes of subparagraph (A), the terms ``furskin'',
``raw'', and ``tanned or dressed'' have the same respective
meanings as those terms have under headnote 1 of chapter 43 of
the Harmonized Tariff Schedule of the United States.
(2) Customs laws of the united states.--The term ``customs
laws of the United States'' means any law enforced or
administered by the Customs Service of the United States.
(3) Interstate commerce.--The term ``interstate commerce''
has the same meaning given such term in section 10 of title 18,
United States Code.
(4) Import.--The term ``import'' means to land on, bring
into, or introduce into, any place subject to the jurisdiction
of the United States, whether or not such landing, bringing, or
introduction constitutes an entry into the customs territory of
the United States.
(5) Person.--The term ``person'' includes any individual,
partnership, association, corporation, trust, or any officer,
employee, agent, department, or instrumentality of the Federal
Government or of any State or political subdivision thereof, or
any other entity subject to the jurisdiction of the United
States.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Conventional steel-jawed leghold trap.--The term
``conventional steel-jawed leghold trap'' means any spring-
powered pan- or sear-activated device with two opposing steel-
jaws, whether the jaws are smooth, toothed, padded, or offset,
designed to capture an animal by snapping closed upon the
animal's limb or part thereof.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) Offenses.--It is unlawful for any person knowingly--
(1) to import, export, ship, or receive in interstate
commerce an article of fur if any part of the article of fur is
derived from an animal that was trapped in a conventional
steel-jawed leghold trap;
(2) to import, export, deliver, carry, transport, or ship,
by any means whatever, in interstate commerce, any conventional
steel-jawed leghold trap; or
(3) to sell, receive, acquire, or purchase any conventional
steel-jawed leghold trap that was delivered, carried,
transported, or shipped in violation of paragraph (2).
(b) Penalties.--A person who violates subsection (a), in addition
to any other penalty that may be imposed--
(1) for the first such violation, shall be guilty of an
infraction punishable under title 18, United States Code; and
(2) for each subsequent violation, shall be imprisoned not
more than 2 years, fined under title 18, United States Code, or
both.
SEC. 4. REWARDS.
The Secretary shall pay, to any person who furnishes information
which leads to a conviction of a violation of any provision of this Act
or any regulation issued thereunder, an amount equal to one-half of the
fine paid pursuant to the conviction. Any officer or employee of the
United States or of any State or local government who furnishes
information or renders service in the performance of his or her
official duties is not eligible for payment under this section.
SEC. 5. ENFORCEMENT.
(a) In General.--Except with respect to violations of this Act to
which subsection (b) applies, the provisions of this Act and any
regulations issued pursuant thereto shall be enforced by the Secretary,
who may use by agreement, with or without reimbursement, the personnel,
services, and facilities of any other Federal agency or of any State
agency for purposes of enforcing this Act.
(b) Export and Import Violations.--
(1) Import violations.--The importation of articles in
violation of section 3 shall be treated as a violation of the
customs laws of the United States, and the provisions of law
relating to violations of the customs laws shall apply thereto.
(2) Export violations.--The provisions of the Export
Administration Act of 1979 (including the penalty provisions)
(50 U.S.C. App. 2401 et seq.) shall apply for purposes of
enforcing the prohibition relating to the export of articles
described in section 3.
(c) Judicial Process.--The district courts of the United States
may, within their respective jurisdictions, upon proper oath or
affirmation showing probable cause, issue such warrants or other
process as may be required for enforcement of this Act and any
regulation issued thereunder.
(d) Enforcement Authorities.--Any individual having authority to
enforce this Act (except with respect to violations to which subsection
(b) applies), may, in exercising such authority--
(1) detain for inspection, search, and seizure any package,
crate, or other container, including its contents, and all
accompanying documents, if such individual has reasonable cause
to suspect that in such package, crate, or other container are
articles with respect to which a violation of this Act (except
with respect to violations to which subsection (b) applies) has
occurred, is occurring, or is about to occur;
(2) make arrests without a warrant for any violation of
this Act (except with respect to violations to which subsection
(b) applies) committed in the individual's presence or view or
if the individual has probable cause to believe that the person
to be arrested has committed or is committing such a violation;
and
(3) execute and serve any arrest warrant, search warrant,
or other warrant or criminal process issued by any judge or
magistrate of any court of competent jurisdiction for
enforcement of this Act (except with respect to violations to
which subsection (b) applies).
(e) Forfeiture.--
(1) In general.--Except as provided in paragraph (3), any
article of fur or conventional steel-jawed leghold trap taken,
possessed, sold, purchased, offered for sale or purchase,
transported, delivered, received, carried, or shipped in
violation of this Act shall be subject to forfeiture to the
United States.
(2) Applicable law.--The provisions of law relating to--
(A) the seizure, summary and judicial forfeiture,
and condemnation of property for violations of the
customs laws,
(B) the disposition of such property or the
proceeds from the sale thereof,
(C) the remission or mitigation of such
forfeitures, and
(D) the compromise of claims,
shall apply to seizures and forfeitures under this subsection,
except that the duties performed by a customs officer or any
other person with respect to the seizure and forfeiture of
property under the customs laws of the United States may be
performed with respect to seizures and forfeitures of property
under this subsection by the Secretary or such officers and
employees as the Secretary may designate.
(3) Exception.--The provisions of the Export Administration
Act of 1979 shall apply with respect to the seizure and
forfeiture of any article of fur or conventional steel-jawed
leghold trap exported in violation of this Act, and the customs
laws of the United States shall apply with respect to the
seizure and forfeiture of any such article or trap imported in
violation of this Act.
(f) Injunctions.--The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation of any
provision of this Act.
(g) Cooperation.--The Secretary of Commerce, the Secretary of the
Treasury, and the head of any other department or agency with
enforcement responsibilities under this Act shall cooperate with the
Secretary in ensuring that this Act is enforced in the most effective
and efficient manner.
SEC. 6. REGULATIONS.
The Secretary shall prescribe such regulations as are necessary to
carry out this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date that is 1 year after the
date of enactment.
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Prohibits the import, export, or shipment in interstate commerce of conventional steel-jawed leghold traps and of articles of fur derived from animals trapped in such traps.
Prescribes criminal penalties for violations of this Act.
Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture. Applies the Export Administration Act of 1979 or the customs laws, respectively, to the seizure and forfeiture of articles or traps exported or imported in violation of this Act.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blue Ridge National Heritage Area
Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Blue Ridge Mountains and the extensive cultural and
natural resources of the Blue Ridge Mountains have played a
significant role in the history of the United States and the
State of North Carolina;
(2) archaeological evidence indicates that the Blue Ridge
Mountains have been inhabited by humans since the last retreat
of the glaciers, with the Native Americans living in the area
at the time of European discovery being primarily of Cherokee
descent;
(3) the Blue Ridge Mountains of western North Carolina,
including the Great Smoky Mountains, played a unique and
significant role in the establishment and development of the
culture of the United States through several distinct legacies,
including--
(A) the craft heritage that--
(i) was first influenced by the Cherokee
Indians;
(ii) was the origin of--
(I) the traditional craft movement
starting in 1900; and
(II) the contemporary craft
movement starting in the 1940's; and
(iii) is carried out by over 4,000
craftspeople in the Blue Ridge Mountains of
western North Carolina, the third largest
concentration of such people in the United
States;
(B) a musical heritage comprised of distinctive
instrumental and vocal traditions that--
(i) includes stringband music, bluegrass,
ballad singing, blues, and sacred music;
(ii) has received national recognition; and
(iii) has made the region 1 of the richest
repositories of traditional music and folklife
in the United States;
(C) the Cherokee heritage--
(i) dating back thousands of years; and
(ii) offering--
(I) nationally significant cultural
traditions practiced by the Eastern
Band of Cherokee Indians;
(II) authentic tradition bearers;
(III) historic sites; and
(IV) historically important
collections of Cherokee artifacts; and
(D) the agricultural heritage established by the
Cherokee Indians, including medicinal and ceremonial
food crops, combined with the historic European
patterns of raising livestock, culminating in the
largest number of specialty crop farms in North
Carolina;
(4) the artifacts and structures associated with those
legacies are unusually well-preserved;
(5) the Blue Ridge Mountains are recognized as having 1 of
the richest collections of historical resources in North
America;
(6) the history and cultural heritage of the Blue Ridge
Mountains are shared with the States of Virginia, Tennessee,
and Georgia;
(7) there are significant cultural, economic, and
educational benefits in celebrating and promoting this mutual
heritage;
(8) according to the 2002 reports entitled ``The Blue Ridge
Heritage and Cultural Partnership'' and ``Western North
Carolina National Heritage Area Feasibility Study and Plan'',
the Blue Ridge Mountains contain numerous resources that are of
outstanding importance to the history of the United States; and
(9) it is in the interest of the United States to preserve
and interpret the cultural and historical resources of the Blue
Ridge Mountains for the education and benefit of present and
future generations.
(b) Purpose.--The purpose of this Act is to foster a close working
relationship with, and to assist, all levels of government, the private
sector, and local communities in the State in managing, preserving,
protecting, and interpreting the cultural, historical, and natural
resources of the Heritage Area while continuing to develop economic
opportunities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Blue Ridge National Heritage Area established by section 4(a).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area approved under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of North
Carolina.
SEC. 4. BLUE RIDGE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Blue Ridge National
Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall consist of the counties of
Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay,
Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison,
Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga,
Wilkes, Yadkin, and Yancey in the State.
(c) Management Entity.--
(1) In general.--As a condition of the receipt of funds
made available under section 9(a), the Blue Ridge National
Heritage Area Partnership shall be the management entity for
the Heritage Area.
(2) Board of directors.--The management entity shall be
governed by a board of directors composed of 9 members, of
whom--
(A) 2 members shall be appointed by AdvantageWest;
(B) 2 members shall be appointed by HandMade In
America, Inc.;
(C) 1 member shall be appointed by the Education
and Research Consortium of Western North Carolina;
(D) 1 member shall be appointed by the Eastern Band
of the Cherokee Indians; and
(E) 3 members shall--
(i) be appointed by the Governor of the
State;
(ii) reside in geographically diverse
regions of the Heritage Area;
(iii) be a representative of State or local
governments or the private sector; and
(iv) have knowledge of tourism, economic
and community development, regional planning,
historic preservation, cultural or natural
resources development, regional planning,
conservation, recreational services, education,
or museum services.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the management entity shall--
(1) for the purpose of presenting a unified preservation
and interpretation plan, take into consideration Federal,
State, and local plans; and
(2) provide for the participation of residents, public
agencies, and private organizations in the Heritage Area.
(c) Contents.--The management plan shall--
(1) present comprehensive recommendations and strategies
for the conservation, funding, management, and development of
the Heritage Area;
(2) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(3) include--
(A) an inventory of the cultural, historical,
natural, and recreational resources of the Heritage
Area, including a list of property that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be conserved, restored,
managed, developed, or maintained because of
the significance of the property;
(B) a program of strategies and actions for the
implementation of the management plan that identifies
the roles of agencies and organizations that are
involved in the implementation of the management plan;
(C) an interpretive and educational plan for the
Heritage Area;
(D) a recommendation of policies for resource
management and protection that develop
intergovernmental cooperative agreements to manage and
protect the cultural, historical, natural, and
recreational resources of the Heritage Area; and
(E) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act.
(d) Effect of Failure To Submit.--If a management plan is not
submitted to the Secretary by the date described in subsection (a), the
Secretary shall not provide any additional funding under this Act until
a management plan is submitted to the Secretary.
(e) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (a), the Secretary
shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether the
management plan--
(A) has strong local support from landowners,
business interests, nonprofit organizations, and
governments in the Heritage Area; and
(B) has a high potential for effective partnership
mechanisms.
(3) Action following disapproval.--If the Secretary
disapproves a management plan under subsection (e)(1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) allow the management entity to submit to the
Secretary revisions to the management plan.
(4) Deadline for approval of revision.--Not later than 60
days after the date on which a revision is submitted under
paragraph (3)(C), the Secretary shall approve or disapprove the
proposed revision.
(f) Amendment of Approved Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval, the recommendation of the management entity
for any amendments to the management plan.
(2) Use of funds.--No funds made available under section
9(a) shall be used to implement any amendment proposed by the
management entity under paragraph (1)(B) until the Secretary
approves the amendment.
SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan, the management entity may use funds made available
under section 9(a) to--
(1) make loans and grants to, and enter into cooperative
agreements with, the State (including a political subdivision),
nonprofit organizations, or persons;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--In addition to developing the management plan, the
management entity shall--
(1) develop and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups in
the Heritage Area;
(2) conduct public meetings in the Heritage Area at least
semiannually on the development and implementation of the
management plan;
(3) give priority to the implementation of actions, goals,
and strategies in the management plan, including providing
assistance to units of government, nonprofit organizations, and
persons in--
(A) carrying out the programs that protect
resources in the Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area; and
(E) increasing public awareness of and appreciation
for the cultural, historical, and natural resources of
the Heritage Area; and
(4) for any fiscal year for which Federal funds are
received under section 9(a)--
(A) submit to the Secretary a report that
describes, for the fiscal year--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit by Congress, the
Secretary, and appropriate units of government, all
records relating to the expenditure of funds and any
matching funds; and
(C) require, for all agreements authorizing
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
relating to the expenditure of funds.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds received under section
9(a) to acquire real property or an interest in real property.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--The Secretary may provide to the management entity
technical assistance and, subject to the availability of
appropriations, financial assistance, for use in developing and
implementing the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
facilitate--
(1) the preservation of the significant cultural,
historical, natural, and recreational resources of the Heritage
Area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources of the Heritage Area.
SEC. 8. LAND USE REGULATION.
(a) In General.--Nothing in this Act--
(1) grants any power of zoning or land use to the
management entity; or
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or any State or local government to regulate
any use of land under any law (including regulations).
(b) Private Property.--Nothing in this Act--
(1) abridges the rights of any person with respect to
private property;
(2) affects the authority of the State or local government
with respect to private property; or
(3) imposes any additional burden on any property owner.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 shall be
made available for any fiscal year.
(b) Non-Federal Share.--The non-Federal share of the cost of any
activities carried out using Federal funds made available under
subsection (a) shall be not less than 50 percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.
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Blue Ridge National Heritage Area Act of 2003 - Establishes the Blue Ridge National Heritage Area in North Carolina and designates the Blue Ridge National Heritage Area Partnership as its management entity.Directs the Partnership to submit for approval by the Secretary of the Interior a management plan, which shall contain recommendations and strategies for the conservation, funding, management, and development of the Area.Prohibits the Partnership from using Federal funds to acquire real property.Authorizes the Secretary to provide technical assistance and financial assistance to the Partnership for developing and implementing the management plan.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Rights and Access for the
Women of South Sudan Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite the 2011 referendum for secession that
established the independent state of South Sudan, South
Sudanese women continue to experience brutal violation of their
human rights.
(2) Strong and continued United States support can ensure
that the advances made by South Sudanese women since July 2011
when the Republic of South Sudan gained its independence will
continue and grow, rather than recede.
(3) The United States has made a substantial contribution
to the emergency relief and humanitarian efforts for South
Sudan. Completing the United States mission in South Sudan will
also require significant and long-term investments in
development and reconstruction assistance.
(4) An inadequate healthcare system has resulted in high
maternal and infant mortality rates. The maternal mortality
rate is 1,054 deaths per 100,000 live births, making it one of
the highest in the world.
(5) South Sudan faces many difficulties with its lack of
infrastructure and lacks significant human development factors,
which can further marginalize women.
(6) Over 80 percent of women and girls in South Sudan are
illiterate, and thus it is imperative to both secure and inform
women's rights within the national development.
(7) With the assistance of internal aid and the
proliferation of local women's organizations, women's equality
can be integrated into South Sudan's nation-building efforts.
(8) South Sudan has made gains in incorporating women into
the new regime with efforts such as inclusion in the
legislative assembly, thus additional support from the United
States serves to reinforce these ideals and implementations.
(9) The women of South Sudan are taking the initiative to
reach across the conflict divide and foster peace. Women's
perspectives and experiences in seeking solutions to conflicts
are necessary to ensure lasting peace.
(10) Adequate security in both urban and rural areas,
particularly on military borders, is essential if women and
girls are to exercise their human rights, work, attend school,
and otherwise participate in and benefit from humanitarian and
development programs sponsored by the United States.
SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES RELATING TO
SOUTH SUDAN.
(a) In General.--Activities described in subsections (b) through
(e) that are carried out by the United States in South Sudan shall
comply with the applicable requirements contained in such subsections.
(b) Governance of South Sudan.--With respect to the governance of
South Sudan, the applicable requirements are the following:
(1) Include the perspectives and advice from South Sudanese
women's organizations, networks, and leaders in United States
policymaking related to the governance of South Sudan.
(2) Promote the inclusion of a significant number of women
in the National Legislature and future legislative bodies to
ensure that women's full range of human rights are included and
upheld in any constitution or legal structures of South Sudan.
(3) Promote the continuation and strengthening of the
rights of women as the South Sudan Government transitions to a
long-term government structure, and encourage the appointment
of women to high level positions within South Sudanese
Government.
(c) Post-Conflict Reconstruction and Development.--With respect to
activities relating to post-conflict stability in South Sudan, the
applicable requirements are the following:
(1) Ensure that a significant portion of United States
development, humanitarian, and relief assistance is channeled
to local and United States-based South Sudanese organizations,
particularly South Sudanese women's organizations. Provide
technical assistance, training, and capacity-building for local
organizations to ensure that United States funded efforts will
be both effective and sustainable.
(2) Encourage United States organizations that receive
funds authorized by this Act to partner with or create South
Sudanese-led counterpart organizations and provide these
organizations with significant financial resources, technical
assistance, and capacity building.
(3) Provide direct financial and programmatic assistance to
the Ministry of Women's Affairs adequate to ensure that the
Ministry is able to fulfill its mandate.
(4) Promote multiyear women-centered economic development
programs, including programs to assist widows, female heads of
household, women in rural areas, and disabled women.
(5) Increase women's access to or ownership of productive
assets such as land, water, agricultural inputs, credit, and
property.
(6) Provide long-term financial assistance for primary,
secondary, higher, nontraditional, and vocational education for
South Sudanese girls, women, boys, and men.
(7) Provide financial assistance to build the health
infrastructure and to deliver high-quality comprehensive health
care programs, including primary, maternal, child,
reproductive, and mental health care.
(8) Integrate education and training programs for former
combatants with economic development programs to encourage
their reintegration into society and to promote post-conflict
stability.
(9) Provide assistance to rehabilitate children affected by
the conflict, particularly child soldiers.
(10) Support educational efforts to increase awareness with
respect to landmines, facilitate the removal of landmines, and
provide services to individuals with disabilities caused by
landmines.
(11) Include programs to prevent trafficking in persons,
assist victims, and apprehend and prosecute traffickers in
persons.
(d) South Sudanese Military and Police.--With respect to training
for military and police forces in South Sudan, the applicable
requirements are the following:
(1) Include training on the protection, rights, and the
particular needs of women and emphasize that violations of
women's rights are intolerable and should be prosecuted.
(2) Encourage such trainers who will carry out the
activities in paragraph (1) to consult with women's
organizations in South Sudan to ensure that training content
and materials are adequate, appropriate, and comprehensive.
(e) Relief, Resettlement, and Repatriation of Refugees and the
Internally Displaced.--With respect to the relief, resettlement, and
repatriation of refugees and internally displaced in South Sudan, the
applicable requirements are the following:
(1) Take all necessary steps to ensure that women refugees
and internally displaced in camps, urban areas, and villages
are directly receiving food aid, shelter, relief supplies, and
other services from United States-sponsored programs.
(2) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages are accessing high-quality
health and medical services, including primary, maternal,
child, and mental health services.
(3) Take all necessary steps to ensure that women and
children in refugee camps are protected from sexual
exploitation.
(4) Take all necessary steps to ensure refugees and
internally displaced persons that seek to return to their place
of origin can do so voluntarily, safely, and with the full
protection of their rights. United States-sponsored efforts
shall not coerce refugees or internally displaced persons to
return to their places of origin.
SEC. 4. REPORTING REQUIREMENTS.
Not later than 60 days after the date of enactment of this Act, and
annually thereafter, the President shall prepare and transmit to
Congress a report that contains documentation of the progress in
implementing the requirements of section 3. All data shall be
disaggregated by sex.
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Equal Rights and Access for the Women of South Sudan Act Requires that activities carried out by the United States in South Sudan relating to governance, post-conflict reconstruction and development, police and military training, and refugee relief and assistance support the human rights of women and their full political, social, and economic participation.
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Condense the following text into a summary: SECTION 1. USE OF SAFETY BELTS AND CHILD RESTRAINT SYSTEMS BY CHILDREN.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Use of safety belts and child restraint systems by children
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Child safety restraint law.--The term `child safety
restraint law' means a State law that prohibits the driver of a
passenger motor vehicle from driving the vehicle whenever there
is in the vehicle a child under the age of 16 who does not have
a safety belt properly fastened about the child's body, except
if the child is under the age of 9 and is properly secured in a
child safety seat or other appropriate restraint system in
accordance with the instructions of the manufacturer of such
seat or system.
``(2) Child safety seat.--The term `child safety seat'
means a specially designed seating system (including booster
and child safety seats) which meets the Federal motor vehicle
safety standards set forth in section 571.213 of title 49 of
the Code of Federal Regulations, as such section may be amended
from time to time, and which is either permanently affixed to a
passenger motor vehicle or is affixed to a passenger motor
vehicle by a safety belt or a universal attachment system.
``(3) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public streets, roads, and highways, but
does not include a vehicle operated only on a rail line.
``(4) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' means a motor vehicle with
motive power (except a trailer), designed to carry not more
than 10 individuals, that is constructed either on a truck
chassis or with special features for occasional off-road
operation.
``(5) Passenger car.--The term `passenger car' means a
motor vehicle with motive power (except a multipurpose
passenger vehicle, motorcycle, or trailer) designed to carry
not more than 10 individuals.
``(6) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger
vehicle.
``(7) Safety belt.--The term `safety belt' means--
``(A) with respect to open-body passenger motor
vehicles, including convertibles, an occupant restraint
system consisting of a lap belt or a lap belt and a
detachable shoulder belt meeting applicable Federal
motor vehicle safety standards; and
``(B) with respect to other passenger motor
vehicles, an occupant restraint system consisting of
integrated lap and shoulder belts meeting applicable
Federal motor vehicle standards.
``(b) Transfer of Funds.--
``(1) Fiscal year 2005.--On October 1, 2004, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 4 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used to implement a statewide
comprehensive child and other passenger protection education
program to promote child and other passenger safety, including
education programs about proper seating positions for children
in air bag equipped motor vehicles and instruction that
increases the proper use of child restraint systems.
``(2) Fiscal year 2006.--On October 1, 2005, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 6 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1) of
this subsection.
``(3) Fiscal year 2007.--On October 1, 2006, if a State has
not enacted a child safety restraint law, the Secretary shall
transfer an amount equal to 8 percent of the funds apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b) to the apportionment of the State
under section 402 to be used as described in paragraph (1) of
this subsection.
``(4) Fiscal year 2008 and thereafter.--On October 1, 2007,
and each October 1 thereafter, if a State has not enacted a
child safety restraint law, the Secretary shall transfer an
amount equal to 10 percent of the funds apportioned to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b) to the apportionment of the State under
section 402 to be used as described in paragraph (1) of this
subsection.
``(c) Federal Share.--The Federal share of the cost of a project
carried out with funds transferred under subsection (b) shall be 100
percent.
``(d) Derivation of Amount To Be Transferred.--The amount to be
transferred under subsection (b)(1), (b)(2), (b)(3), or (b)(4) may be
derived from 1 or more of the following:
``(1) The apportionment of the State under section
104(b)(1).
``(2) The apportionment of the State under section
104(b)(3).
``(3) The apportionment of the State under section
104(b)(4).
``(f) Transfer of Obligation Authority.--
``(1) In general.--If the Secretary transfers under this
section any funds to the apportionment of a State under section
402 for a fiscal year, the Secretary shall transfer an amount,
determined under paragraph (2), of obligation authority
distributed for the fiscal year to the State for Federal-aid
highways and highway safety construction programs for carrying
out projects under section 402.
``(2) Amount.--The amount of obligation authority referred
to in paragraph (1) shall be determined by multiplying--
``(A) the amount of funds transferred under this
section to the apportionment of the State under section
402 for the fiscal year; by
``(B) the ratio that--
``(i) the amount of obligation authority
distributed for the fiscal year to the State
for Federal-aid highways and highway safety
construction programs; bears to
``(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety construction programs (excluding sums
not subject to any obligation limitation) for
the fiscal year.
``(g) Limitation on Applicability of Obligation Limitation.--
Notwithstanding any other provision of law, no limitation on the total
of obligations for highway safety programs under section 402 shall
apply to funds transferred under this section to the apportionment of a
State under such section.''.
(b) Conforming Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``165. Use of safety belts and child restraint systems by children.''.
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Amends Federal highway provisions to direct that, if by specified dates (starting on October 1, 2004) a State has not enacted a child safety restraint law, the Secretary of Transportation shall transfer specified percentages of State highway funds to implement a statewide comprehensive child and other passenger protection education program to promote safety, including education programs about proper seating positions for children in air bag equipped motor vehicles and instruction that increases the proper use of child restraint systems.
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Condense the following text into a summary: SECTION 1. HOPE SCHOLARSHIP CREDIT.
(a) Expansion of Credit.--
(1) In general.--Section 25A(b) of the Internal Revenue
Code of 1986 (relating to Hope Scholarship Credit) is amended--
(A) in paragraph (1), by striking ``the sum of''
and all that follows and inserting ``100 percent of so
much of the qualified tuition and related expenses paid
by the taxpayer during the taxable year (for education
furnished to the eligible student during any academic
period beginning in such taxable year) as does not
exceed $2,500.'',
(B) in paragraph (2)(A), by striking ``2'' in the
text and in the heading and inserting ``4'',
(C) in paragraph (2)(C), by striking ``2'' in the
text and in the heading and inserting ``4'', and
(D) by striking paragraph (4).
(2) Conforming amendments.--Section 25A(h)(1)(A) of such
Code (relating to inflation adjustments) is amended--
(A) by striking ``2001'' and inserting ``2004'',
(B) by striking ``each of the $1,000 amounts'' and
inserting ``the $2,500 amount'', and
(C) by striking ``2000'' and inserting ``2003''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 2. REFUNDABILITY OF HOPE AND LIFETIME LEARNING CREDIT.
(a) Refundable Credit.--
(1) In general.--Section 25A of the Internal Revenue Code
of 1986 is hereby moved to subpart C of part IV of subchapter A
of chapter 1 of such Code (relating to refundable credits) and
inserted after section 35.
(2) Technical amendments.--
(A) Section 36 of such Code is redesignated as
section 37.
(B) Section 25A of such Code (as moved by
subsection (a)) is redesignated as section 36.
(C) Paragraph (1) of section 36(a) of such Code (as
redesignated by paragraph (2)) is amended by striking
``this chapter'' and inserting ``this subtitle''.
(D) Section 36 of such Code (as so redesignated) is
amended by redesignating subsection (i) as subsection
(j) and by inserting after subsection (h) the following
new subsection:
``(i) Coordination With Advance Payment.--With respect to any
taxable year, the amount which would (but for this subsection) be
allowed as a credit to the taxpayer under subsection (a) shall be
reduced (but not below zero) by the aggregate amount paid on behalf of
such taxpayer under section 7528 for such taxable year.''.
(E) Subparagraph (B) of section 72(t)(7) of such
Code is amended by striking ``section 25A(g)(2)'' and
inserting ``section 36(g)(2)''.
(F) Subparagraph (A) of section 135(d)(2) of such
Code is amended by striking ``section 25A'' and
inserting ``section 36''.
(G) Section 221(d) of such Code is amended--
(i) by striking ``section 25A(g)(2)'' in
paragraph (2)(B) and inserting ``section
36(g)(2)'',
(ii) by striking ``section 25A(f)(2)'' in
paragraph (2)(B) and inserting ``section
36(f)(2)'', and
(iii) by striking ``section 25A(b)(3)'' in
paragraph (3) and inserting ``section
36(b)(3)''.
(H) Section 222 of such Code is amended--
(i) by striking ``section 25A'' in
subparagraph (A) of subsection (c)(2) and
inserting ``section 36'',
(ii) by striking ``section 25A(f)'' in
subsection (d)(1) and inserting ``section
36(f)'', and
(iii) by striking ``section 25A(g)(2)'' in
subsection (d)(1) and inserting ``section
36(g)(2)''.
(I) Section 529 of such Code is amended--
(i) by striking ``section 25A(g)(2)'' in
subclause (I) of subsection (c)(3)(B)(v) and
inserting ``section 36(g)(2)'',
(ii) by striking ``section 25A'' in
subclause (II) of subsection (c)(3)(B)(v) and
inserting ``section 36'', and
(iii) by striking ``section 25A(b)(3)'' in
clause (i) of subsection (e)(3)(B) and
inserting ``section 36(b)(3)''.
(J) Section 530 of such Code is amended--
(i) by striking ``section 25A(g)(2)'' in
subclause (I) of subsection (d)(2)(C)(i) and
inserting ``section 36(g)(2)'',
(ii) by striking ``section 25A'' in
subclause (II) of subsection (d)(2)(C)(i) and
inserting ``section 36'', and
(iii) by striking ``section 25A(g)(2)'' in
clause (iii) of subsection (d)(4)(B) and
inserting ``section 36(g)(2)''.
(K) Subsection (e) of section 6050S of such Code is
amended by striking ``section 25A'' and inserting
``section 36''.
(L) Subparagraph (J) of section 6213(g)(2) of such
Code is amended by striking ``section 25A(g)(1)'' and
inserting ``section 36(g)(1)''.
(M) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting before the
period ``or from section 36 of such Code''.
(N) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 36 and inserting
the following:
``Sec. 36. Hope and Lifetime Learning
credits.
``Sec. 37. Overpayments of tax.''.
(O) The table of sections for subpart A of part IV
of such Code is amended by striking the item relating
to section 25A.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. ADVANCE PAYMENT OF CREDIT FOR HOPE SCHOLARSHIP AND LIFETIME
LEARNING.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by redesignating
section 7528 as section 7529 and inserting after section 7527 the
following new section:
``SEC. 7528. ADVANCE PAYMENT OF CREDIT FOR HOPE SCHOLARSHIP AND
LIFETIME LEARNING.
``(a) General Rule.--Not later than August 1, 2004, the Secretary
shall establish a program for making payments on behalf of certified
individuals to eligible educational institutions (as defined in section
36(f)(2)) for such individuals.
``(b) Limitation on Advance Payments During Any Taxable Year.--The
Secretary may make payments under subsection (a) only to the extent
that the total amount of such payments made on behalf of any individual
during the taxable year does not exceed the qualified tuition and
related expenses (within the meaning of section 36(f)(1)) incurred by
such individual at such eligible educational institution during the
taxable year.
``(c) Certified Individual.--For purposes of this section, the term
`certified individual' means any individual for whom a qualified
education costs credit eligibility certificate is in effect.
``(d) Qualified Education Costs Credit Eligibility Certificate.--
For purposes of this section, the term `qualified education costs
credit eligibility certificate' means any written statement that an
individual has incurred costs which are qualified tuition and related
expenses (within the meaning of section 36(f)(1)) if such statement
provides such information as the Secretary may require for purposes of
this section.''.
(b) Disclosure of Return Information for Purposes of Carrying Out a
Program for Advance Payment of Credit for Hope Scholarship and Lifetime
Learning.--
(1) In general.--Subsection (l) of section 6103 of such
Code (relating to disclosure of returns and return information
for purposes other than tax administration) is amended by
adding at the end the following new paragraph:
``(21) Disclosure of return information for purposes of
carrying out a program for advance payment of credit for hope
scholarship and lifetime learning.--The Secretary may disclose
to educational institutions for any certified individual (as
defined in section 7528(c)) return information with respect to
such certified individual only to the extent necessary to carry
out the program established by section 7528 (relating to
advance payment of credit for hope scholarship and lifetime
learning).''.
(2) Procedures and recordkeeping related to disclosures.--
Subsection (p) of such section is amended--
(A) in paragraph (3)(A) by striking ``or (18)'' and
inserting ``(18), or (21)'', and
(B) in paragraph (4) by striking ``or (20)'' and
inserting ``(20), or (21)'' each place it appears.
(3) Unauthorized inspection of returns or return
information.--Section 7213A(a)(1)(B) of such Code is amended by
striking ``(l)(18) or (n)'' and inserting ``(l)(18), (l)(19),
or (n)''.
(c) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 (relating to
information concerning transactions with other persons) is
amended by inserting after section 6050S the following new
section:
``SEC. 6050U. RETURNS RELATING TO CREDIT FOR HOPE SCHOLARSHIP AND
LIFETIME LEARNING.
``(a) Requirement of Reporting.--Every person who is entitled to
receive payments for any month of any calendar year under section 7528
(relating to advance payment of credit for hope scholarship and
lifetime learning) with respect to any certified individual (as defined
in section 7528(c)) shall, at such time as the Secretary may prescribe,
make the return described in subsection (b) with respect to each such
individual.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each individual
referred to in subsection (a),
``(B) the number of months for which amounts were
entitled to be received with respect to such individual
under section 7528 (relating to advance payment of
credit for hope scholarship and lifetime learning),
``(C) the amount entitled to be received for each
such year, and
``(D) such other information as the Secretary may
prescribe.
``(c) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person, and
``(2) the information required to be shown on the return
with respect to such individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be
made.''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xii) through (xviii) as clauses
(xiii) through (xiv), respectively, and by inserting
after clause (xi) the following new clause:
``(xii) section 6050U (relating to returns
relating to credit for hope scholarship and
lifetime learning),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of
subparagraph (AA), by striking the period at the end of
subparagraph (BB) and inserting ``, or'', and by adding
after subparagraph (BB) the following new subparagraph:
``(CC) section 6050U (relating to returns relating
to credit for hope scholarship and lifetime
learning).''.
(d) Clerical Amendments.--
(1) Advance payment.--The table of sections for chapter 77
of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 7528. Advance payment of credit
for hope scholarship and
lifetime learning.''.
(2) Information reporting.--The table of sections for
subpart B of part III of subchapter A of chapter 61 of such
Code is amended by inserting after the item relating to section
6050S the following new item:
``Sec. 6050U. Returns relating to credit
for hope scholarship and
lifetime learning.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
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Amends the Internal Revenue Code to increase: (1 ) the amount of the Hope Scholarship income tax credit to 100 percent of tuition and related expenses up to $2,500, and (2) the number of years for which the credit can be claimed from two to four years. Makes such credit and the Lifetime Learning credit refundable.
Directs the Secretary of the Treasury to establish a program for making advance payments of Hope Scholarship and Lifetime Learning income tax credit amounts to schools for the benefit of the taxpayer. Requires a taxpayer for whom an advance payment is made to file specified informational returns.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Supply Security Act of 2001''.
SEC. 2. AUTHORIZATION OF RESEARCH AND STUDIES.
Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by adding at the end the
following:
``(c) Tularosa Basin Desalination Facility.--
``(1) In general.--
``(A) Technology progress plan.--
``(i) In general.--Not later than 1 year
after the date of enactment of this subsection,
Sandia National Laboratories, in collaboration
with the Secretary of Energy and in
consultation with the Secretary, and using as
models the roles of desalination facilities
operated by the Federal Government and other
research institutions as of the date of
enactment of this subsection, shall develop a
desalination technology progress plan that
includes--
``(I) an overview of available
short-term and long-term desalination
technology development;
``(II) recommendations for the
location, siting, and configuration of
the facility under subparagraph (B);
``(III) an assessment of the
contributions that the facility could
make to the field of desalination; and
``(IV) recommendations concerning
the most effective and efficient manner
of carrying out subparagraph (B).
``(ii) Cost-sharing requirements.--The
cost-sharing requirements described in sections
1604 and 1605 of the Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h-2,
390h-3) shall not apply to--
``(I) the funding of the technology
progress plan described in clause (i);
``(II) the facility authorized to
be constructed under subparagraph (B);
or
``(III) any research carried out by
Sandia National Laboratories under this
Act.
``(B) Testing and evaluation facility.--
``(i) Construction.--Not later than 3 years
after the date of completion of the technology
progress plan under subparagraph (A), the
Secretary of Energy, in collaboration with the
Secretary and in accordance with the memorandum
of understanding described in subparagraph (C)
and the technology progress plan developed
under subparagraph (A)(i), shall construct a
desalination test and evaluation facility at
the Tularosa Basin, located in Otero County in
the State of New Mexico (referred to in this
subsection as the `facility').
``(ii) Report.--Not later than 1 year after
the date on which the facility begins
operation, the Secretary of Energy shall submit
to Congress a report that describes project
plans of, and any technological advancements
developed by, the facility.
``(iii) Contractors.--The Secretary of
Energy may enter into such contracts as are
necessary (including contracts with other
Federal agencies, State agencies, educational
institutions, and private entities and
organizations) to carry out this subparagraph.
``(C) Memorandum of understanding.--In carrying out
this paragraph, the Secretary of Energy and the
Secretary of the Interior shall enter into a memorandum
of understanding under which the Secretary of Energy
shall seek from the Secretary of the Interior, and the
Secretary of the Interior shall provide to the
Secretary of Energy, technical assistance and expertise
in the development and construction of the facility.
``(2) Purposes.--The facility--
``(A) shall be used--
``(i) to carry out research on, and to
test, demonstrate, and evaluate, new
desalination technologies (including long-term,
alternative technologies that have the
potential for significant desalination cost
reductions beyond the time frame of the focus
of current research);
``(ii) to fully evaluate the performance of
new technologies, including performance in--
``(I) energy consumption;
``(II) byproduct disposal; and
``(III) operational maintenance
costs; and
``(iii) to determine the most
technologically-efficient and cost-efficient
means by which potable water may be
produced from salinated water or other water that is unsuitable for
use; and
``(B) should be capable of processing at least
100,000 gallons of water per day.
``(3) Collaboration; facility discretion.--
``(A) Collaboration.--All research at the facility
shall be carried out by the Secretary of Energy, in
collaboration with the Secretary.
``(B) Facility discretion.--Research described in
paragraph (2)(A)(i) may be carried out at the facility
or at any other laboratory facility determined to be
suitable by Sandia National Laboratories.
``(4) Provision of water.--
``(A) In general.--Subject to subparagraph (B), all
desalinated water produced by the facility shall be
provided to 1 or more communities located in Otero
County, New Mexico, at no cost to the communities, as
jointly determined by the Secretary of Energy and the
Secretary.
``(B) Timing; supplementary aspect.--The water
provided under subparagraph (A) shall be--
``(i) provided only after technology
testing demonstrates that the water is of a
consistent, reliable quality, as determined by
Sandia National Laboratories, in coordination
with the Secretary of Energy; and
``(ii) supplementary to water provided by
public water systems or wells in the
communities.
``(5) Technical advisory committee.--
``(A) In general.--The Secretary and the Secretary
of Energy shall jointly establish a technical advisory
committee to provide, under such procedures as the
Secretary and the Secretary of Energy shall jointly
develop, program guidance and technical assistance in
carrying out this subsection.
``(B) Composition.--
``(i) In general.--The technical advisory
committee shall be composed of--
``(I) representatives from the
Department of the Interior and the
Department of Energy, to be appointed
by the Secretary and the Secretary of
Energy, respectively; and
``(II) such additional
representatives from academic
institutions, the private sector, other
Federal agencies, and educational
institutions, as the Secretary and the
Secretary of Energy, respectively,
determine to be appropriate.
``(ii) Chairpersons.--A representative of
the Department of the Interior selected by the
Secretary and a representative of the
Department of Energy selected by the Secretary
of Energy shall serve as cochairpersons of the
technical advisory committee.
``(6) Cost sharing.--Section 7 shall not apply to this
subsection.''.
SEC. 3. CONSULTATION; AUTHORIZATION OF APPROPRIATIONS.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) is amended--
(1) by striking section 8;
(2) by redesignating section 9 as section 8;
(3) in section 8 (as redesignated by paragraph (2)), in the
first sentence, by striking ``Army,'' and inserting ``Army and
the Secretary of Energy,''; and
(4) by adding at the end the following:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``(a) Research and Studies.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out section 3 and section 4(c)(1)(A)
$6,000,000 for each of fiscal years 2002 through 2008.
``(2) Research programs.--Of the amounts made available
under paragraph (1)--
``(A) not to exceed $1,000,000 for each fiscal year
may be awarded, without any cost-sharing requirement,
to institutions of higher education (including United
States-Mexico binational research foundations and
interuniversity research programs established by the 2
countries) for research grants; and
``(B) not less than $1,000,000 of the amount made
available for fiscal year 2002 shall be used to carry
out section 4(c)(1)(A).
``(3) Internal research.--
``(A) In general.--Of the amounts made available
under paragraph (1) to carry out section 3 for each of
fiscal years 2002 through 2008, the Secretary may use
not more than 25 percent for research carried out by
the Department of the Interior.
``(B) Cost sharing.--Research described in
subparagraph (A) shall not be subject to any cost-
sharing requirement.
``(b) Desalination Demonstration and Development.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out section 4 (other than section
4(c)) $30,000,000 for the period of fiscal years 2002 through
2008.
``(2) Desalination research and development facility.--
There is authorized to be appropriated to the Secretary of
Energy for transfer to Sandia National Laboratories, to carry
out section 4(c) (other than section 4(c)(1)(A)) $6,000,000 for
each of fiscal years 2003 through 2008.''.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Authorization of Research and Studies.--Section 3 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as subparagraphs (A), (B), (C), (D),
(E), (F), and (G), respectively, and indenting appropriately;
(B) by striking ``In order to'' and inserting the
following:
``(1) In general.--To'';
(C) in the first sentence--
(i) by striking ``is authorized to award
grants and to enter into contracts,'' and
inserting ``may award grants and enter into
cooperative agreements, interagency agreements,
and contracts,''; and
(ii) by inserting ``and'' after ``financing
of research''; and
(D) by striking ``Awards'' and all that follows
through ``include--'' and inserting the following:
``(2) Locations.--If the Secretary determines that it is in
the national interest, the Secretary may carry out a program
described in paragraph (1), in accordance with all applicable
law, at a location outside the United States.
``(3) Basis for grants, agreements, and contracts.--All
awards of grants and all cooperative agreements, interagency
agreements, and contracts entered into under paragraph (1),
shall be made on the basis of a competitive, merit-reviewed
process.
``(4) Topics.--Research and study topics authorized by this
section include--''; and
(2) in subsection (c), by striking ``other facilities and
educational institutions suitable'' and inserting the
following: ``educational institutions, international
organizations, international foundations, and international
educational institutions, and other facilities suitable''.
(b) Desalination Demonstration and Development.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
``(b) Location.--If the Secretary determines that it is in the
national interest, the Secretary may carry out the program described in
subsection (a), in accordance with all applicable law, at a location
outside the United States.''; and
(3) in subsection (c) (as redesignated by paragraph (1)),
by striking ``conducted through'' and all that follows through
``to develop'' and inserting the following: ``conducted through
the provision of grants to, and the entering into cooperative
agreements and contracts (including cost-sharing agreements)
with, non-Federal public utilities, State and local
governmental agencies, educational institutions, international
organizations, international foundations, international
educational institutions, and other entities, as appropriate,
to develop''.
(c) Cost Sharing.--Section 7 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
(1) by striking the first sentence and inserting the
following:
``(a) In General.--
``(1) All projects.--Notwithstanding any other provision of
law, the Federal share of the cost of a research, study, or
demonstration project or a desalination development project or
activity carried out under this Act--
``(A) except as provided in paragraph (2) and in
section 9(a)(3)(B), shall not exceed 100 percent of the
total cost of the project or activity; and
``(B) may be paid out of--
``(i) funds made available to the
Secretary, in an amount not to exceed 50
percent of the total cost of the project or
activity;
``(ii) funds made available to 1 or more
other heads of Federal agencies; or
``(iii) a combination of funds described in
clauses (i) and (ii).
``(2) Interior projects.--The Federal share of the cost of
a project or activity described in paragraph (1) that is
carried out by the Secretary shall not exceed 50 percent.'';
(2) by striking ``A Federal contribution'' and inserting
the following:
``(b) Determination of Infeasibility.--A contribution by the
Secretary described in subsection (a)(2) that is'';
(3) by striking ``The Secretary shall prescribe'' and
inserting the following:
``(c) Procedures.--The Secretary shall prescribe''; and
(4) by striking ``Costs of operation,'' and inserting the
following:
``(d) Non-Federal Responsibilities.--Costs of operation,''.
(d) Consultation.--Section 8 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) (as redesignated by section
3(2)) is amended to read as follows:
``SEC. 8. CONSULTATION.
``(a) In General.--In carrying out this Act, the Secretary shall
consult with the heads of other Federal agencies (including the
Secretary of the Army) that have experience in conducting desalination
research or operating desalination facilities.
``(b) International Consultation.--In a case in which the Secretary
intends to conduct an activity under this Act in accordance with
section 3(a)(2) or 4(b), the Secretary shall consult with the Secretary
of State before beginning the conduct of the activity.
``(c) Other Programs.--Nothing in this Act prohibits any other
agency from carrying out a program for desalination research or
operation that is authorized under any other provision of law.''.
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Water Supply Security Act of 2001 - Amends the Water Desalination Act of 1996 to direct Sandia National Laboratories to develop a desalination technology progress plan that includes recommendations for the location, siting, and configuration of a desalination test and evaluation facility at the Tularosa Basin located in Otero County in New Mexico. Provides for the construction of such facility by the Secretary of Energy after the completion of such plan.Requires that the facility: (1) be used to research, test, and evaluate, new desalination technologies, to fully evaluate their performance in energy consumption, byproduct disposal, and operational maintenance costs, and to determine the most technologically- and cost-efficient means by which potable water may be produced from salinated water or other water that is unsuitable for use; and (2) should be capable of processing at least 100,000 gallons of water per day. Requires all desalinated water produced by the facility to be provided, at no cost, to one or more communities in the county. Requires the Secretary of the Interior (the Secretary) and the Secretary of Energy to establish a technology advisory committee to provide program guidance and technical assistance.Authorizes appropriations for such Act for FY 2002 through 2008 for research and studies, for the desalination technology progress plan, and for the desalination demonstration and development program. Authorizes the Secretary to carry out such research or such program at a location outside the United States upon determining it is in the nation interest and after consulting the Secretary of State. Revises Federal cost share provisions for projects and activities under such Act.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Technician Equity
Act''.
SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING
NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS.
(a) Authority To Employ Technician as Non-Dual Status Technician
After 20 Years of Creditable Service.--Subsection (c) of section 709 of
title 32, United States Code, is amended to read as follows:
``(c) A person shall have the right to be employed under subsection
(a) as a non-dual status technician (as defined by section 10217 of
title 10) if--
``(1) the technician position occupied by the person has
been designated by the Secretary concerned to be filled only by
a non-dual status technician; or
``(2) the person occupying the technician position has at
least 20 years of creditable service as a military technician
(dual status).''.
(b) Exception to Dual-Status Employment Condition of Membership in
Selected Reserve.--Section 10216 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)(B), by inserting ``subject to
subsection (d),'' before ``is required''; and
(2) in subsection (d)(1), by striking ``Unless specifically
exempted by law'' and inserting ``Except as provided in section
709(c)(2) of title 32 or as otherwise specifically exempted by
law''.
(c) Continued Compensation After Loss of Membership in Selected
Reserve.--Subsection (e) of section 10216 of title 10, United States
Code, is amended to read as follows:
``(e) Continued Compensation After Loss of Membership in Selected
Reserve.--Funds appropriated for the Department of Defense may continue
to be used to provide compensation to a military technician who was
hired as a military technician (dual status), but who is no longer a
member of the Selected Reserve.''.
(d) Exemption of Military Technicians From Review by Army
Qualitative Retention Program or Air Force Selective Retention
Program.--Subsection (f) of such section is amended to read as follows:
``(f) Exemption From Consideration by Armed Forces Retention
Boards.--A military technician (dual status) who is fully qualified in
the technician's military technician (dual status) position and is
properly performing the technician's military technician duties in such
position--
``(1) shall be retained in the armed forces;
``(2) may not be considered for involuntary separation by a
retention board of the armed force concerned; and
``(3) shall be entitled to re-enlist as an enlisted member
so as to maintain eligibility for continued employment as a
military technician (dual status).''.
(e) Repeal of Permanent Limitations on Number of Non-Dual Status
Technicians.--Section 10217 of title 10, United States Code, is amended
by striking subsection (c).
(f) Technician Restricted Right of Appeal and Adverse Actions
Covered.--
(1) Rights of grievance, arbitration, appeal, and review
beyond ag.--Section 709 of title 32, United States Code, is
amended--
(A) in subsection (f)--
(i) in the matter preceding paragraph (1),
by striking ``Notwithstanding any other
provision of law and under'' and inserting
``Under''; and
(ii) in paragraph (4), by striking ``a
right of appeal'' and inserting ``subject to
subsection (j), a right of appeal''; and
(B) by adding at the end the following new
subsection:
``(j)(1) Notwithstanding subsection (f)(4) or any other provision
of law, a technician and a labor organization that is the exclusive
representative of a bargaining unit including the technician shall have
the rights of grievance, arbitration, appeal, and review extending
beyond the adjutant general of the jurisdiction concerned and to the
Merit Systems Protection Board and thereafter to the United States
Court of Appeals for the Federal Circuit, in the same manner as
provided in sections 4303, 7121, and 7701-7703 of title 5, with respect
to a performance-based or adverse action imposing removal, suspension
for more than 14 days, furlough for 30 days or less, or reduction in
pay or pay band (or comparable reduction).
``(2) This subsection does not apply to a technician who is serving
under a temporary appointment or in a trial or probationary period.''.
(2) Adverse actions covered.--Section 709(g) of title 32,
United States Code, is amended by striking ``7511, and 7512''.
(3) Conforming amendment.--Section 7511(b) of title 5,
United States Code, is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
(g) Repeal of Prohibition Against Overtime Pay for National Guard
Technicians.--Section 709(h) of title 32, United States Code, is
amended by striking the second sentence and inserting the following new
sentence: ``Notwithstanding section 5542 or 5543 of title 5 or any
other provision of law, the Secretary concerned shall pay a technician
for irregular or overtime work at a rate equal to the rate of basic pay
applicable to the technician, except that, at the request of the
technician, the Secretary may grant the technician, instead of such
pay, an amount of compensatory time off from the technician's scheduled
tour of duty equal to the amount of time spent in such irregular or
overtime work.''.
SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENT REGARDING NATIONAL GUARD
TECHNICIANS AND RELATED MATTERS.
(a) Leave.--
(1) In general.--Section 6323(a) of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph (3):
``(3) An employee described in paragraph (1) who volunteers for
active Guard and Reserve duty (as described in section 101(d)(6) of
title 10) or training or duty under section 502(f) of title 32 shall
not accrue leave under this subsection.''.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report setting forth the following:
(A) A description of the average number of hours
per fiscal year that a Federal employee who is also a
member of the National Guard spends in any type of
leave status (including leave without pay) in order to
cover periods of active duty for training or inactive-
duty training (as defined in section 101 of title 37,
United States Code), or to engage in other training
under sections 502-505 of title 32, United States Code.
(B) An assessment whether leave provided under
section 6323(a) of title 5, United States Code (as
amended by paragraph (1)), is adequate to cover the
operational tempo of the National Guard.
(b) Comptroller General of the United States Report on Health Care
Benefits.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report setting forth
the following:
(A) An evaluation of the feasibility of converting
military technicians from FEHBP coverage to coverage
provided under the TRICARE Reserve Select option of the
TRICARE program.
(B) A description of any problems associated with
the conversion of military technicians from FEHBP
coverage to coverage provided under chapter 55 of title
10, United States Code, during contingency operations.
(2) Definitions.--In this subsection:
(A) The term ``contingency operation'' has the
meaning given that term in section 101(a)(13) of title
10, United States Code.
(B) The term ``FEHBP coverage'' means coverage
provided under chapter 89 of title 5, United States
Code.
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National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Allows military technicians who were hired as dual status technicians but are no longer members of the Selected Reserve to continue to receive compensation. Requires dual status military technicians who are fully qualified for, and properly performing, the duties of such position to be: (1) retained in the Armed Forces, (2) exempt from consideration for involuntary separation by a military retention board, and (3) entitled to re-enlist as enlisted members so as to maintain their eligibility for continued employment as dual status military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Prohibits federal employees who volunteer for active National Guard and Reserve duty from accruing military leave at the rate of 15 days each fiscal year for active duty, inactive duty training, or funeral honors duty in the National Guard or Reserves. Directs the Comptroller General to evaluate the feasibility of converting military technicians from coverage under the Federal Employees Health Benefits Program (FEHBP) to coverage under the TRICARE Reserve Select option of the TRICARE program.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Biomedical
Imaging and Engineering Establishment Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Basic research in imaging, bioengineering, computer
science, informatics, and related fields is critical to
improving health care but is fundamentally different from the
research in molecular biology on which the current national
research institutes at the National Institutes of Health
(referred to in this section as the ``NIH'') are based. To
ensure the development of new techniques and technologies for
the 21st century, these disciplines therefore require an
identity and research home at the NIH that is independent of
the existing institute structure.
(2) Advances based on medical research promise new, more
effective treatments for a wide variety of diseases, but the
development of new, noninvasive imaging techniques for earlier
detection and diagnosis of disease is essential to take full
advantage of such new treatments and to promote the general
improvement of health care.
(3) The development of advanced genetic and molecular
imaging techniques is necessary to continue the current rapid
pace of discovery in molecular biology.
(4) Advances in telemedicine, and teleradiology in
particular, are increasingly important in the delivery of high
quality, reliable medical care to rural citizens and other
underserved populations. To fulfill the promise of telemedicine
and related technologies fully, a structure is needed at the
NIH to support basic research focused on the acquisition,
transmission, processing, and optimal display of images.
(5) A number of Federal departments and agencies support
imaging and engineering research with potential medical
applications, but a central coordinating body, preferably
housed at the NIH, is needed to coordinate these disparate
efforts and facilitate the transfer of technologies with
medical applications.
(6) Several breakthrough imaging technologies, including
magnetic resonance imaging (MRI) and computed tomography (CT),
have been developed primarily abroad, in large part because of
the absence of a home at the NIH for basic research in imaging
and related fields. The establishment of a central focus for
imaging and bioengineering research at the NIH would promote
both scientific advance and U.S. economic development.
(7) At a time when a consensus exists to add significant
resources to the NIH in coming years, it is appropriate to
modernize the structure of the NIH to ensure that research
dollars are expended more effectively and efficiently and that
the fields of medical science that have contributed the most to
the detection, diagnosis, and treatment of disease in recent
years receive appropriate emphasis.
(8) The establishment of a National Institute of Biomedical
Imaging and Engineering at the NIH would accelerate the
development of new technologies with clinical and research
applications, improve coordination and efficiency at the NIH
and throughout the Federal Government, reduce duplication and
waste, lay the foundation for a new medical information age,
promote economic development, and provide a structure to train
the young researchers who will make the pathbreaking
discoveries of the next century.
SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
ENGINEERING.
(a) In General.--Part C of title IV of the Public Health Service
Act (42 U.S.C. 285 et seq.) is amended by adding at the end the
following:
``Subpart 18--National Institute of Biomedical Imaging and Engineering
``SEC. 464Z. PURPOSE OF THE INSTITUTE.
``(a) In General.--The general purpose of the National Institute of
Biomedical Imaging and Engineering (in this section referred to as the
`Institute') is the conduct and support of research, training, the
dissemination of health information, and other programs with respect
to biomedical imaging, biomedical engineering, and associated
technologies and modalities with biomedical applications (in this
section referred to as `biomedical imaging and engineering').
``(b) National Biomedical Imaging and Engineering Program.--
``(1) Establishment.--The Director of the Institute, with
the advice of the Institute's advisory council, shall establish
a National Biomedical Imaging and Engineering Program (in this
section referred to as the `Program').
``(2) Activities.--Activities under the Program shall
include the following with respect to biomedical imaging and
engineering:
``(A) Research into the development of new
techniques and devices.
``(B) Related research in physics, engineering,
mathematics, computer science, and other disciplines.
``(C) Technology assessments and outcomes studies
to evaluate the effectiveness of biologics, materials,
processes, devices, procedures, and informatics.
``(D) Research in screening for diseases and
disorders.
``(E) The advancement of existing imaging and
engineering modalities, including imaging,
biomaterials, and informatics.
``(F) The development of target-specific agents to
enhance images and to identify and delineate disease.
``(G) The development of advanced engineering and
imaging technologies and techniques for research from
the molecular and genetic to the whole organ and body
levels.
``(H) The development of new techniques and devices
for more effective interventional procedures (such as
image-guided interventions).
``(3) Plan.--
``(A) In general.--With respect to the Program, the
Director of the Institute shall prepare and transmit to
the Secretary and the Director of NIH a plan to
initiate, expand, intensify, and coordinate activities
of the Institute with respect to biomedical imaging and
engineering. The plan shall include such comments and
recommendations as the Director of the Institute
determines appropriate. The Director of the Institute
shall periodically review and revise the plan and shall
transmit any revisions of the plan to the Secretary and
the Director of NIH.
``(B) Recommendations.--The plan under subparagraph
(A) shall include the recommendations of the Director
of the Institute with respect to the following:
``(i) Where appropriate, the consolidation
of programs of the National Institutes of
Health for the express purpose of enhancing
support of activities regarding basic
biomedical imaging and engineering research.
``(ii) The coordination of the activities
of the Institute with related activities of the
other agencies of the National Institutes of
Health and with related activities of other
Federal agencies.
``(c) Advisory Council.--The establishment under section 406 of an
advisory council for the Institute is subject to the following:
``(1) The number of members appointed by the Secretary
shall be 12.
``(2) Of such members--
``(A) 6 members shall be scientists, engineers,
physicians, and other health professionals who
represent disciplines in biomedical imaging and
engineering and who are not officers or employees of
the United States; and
``(B) 6 members shall be scientists, engineers,
physicians, and other health professionals who
represent other disciplines and are knowledgeable about
the applications of biomedical imaging and engineering
in medicine, and who are not officers or employees of
the United States.
``(3) Ex officio members.--In addition to the ex officio
members specified in section 406(b)(2), the ex officio members
of the advisory council shall include the Director of the
Centers for Disease Control and Prevention, the Director of the
National Science Foundation, and the Director of the National
Institute of Standards and Technology (or the designees of such
officers).
``(d) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), for the
purpose of carrying out this section:
``(A) For fiscal year 2000, there is authorized to
be appropriated an amount equal to the amount
obligated by the National Institutes of Health during fiscal year 1999
for biomedical imaging and engineering, except that such amount shall
be adjusted to offset any inflation occurring after October 1, 1998.
``(B) For each of the fiscal years 2001 and 2002,
there is authorized to be appropriated an amount equal
to the amount appropriated under subparagraph (A) for
fiscal year 2000, except that such amount shall be
adjusted for the fiscal year involved to offset any
inflation occurring after October 1, 1999.
``(2) Reduction.--The authorization of appropriations for a
fiscal year under paragraph (1) is hereby reduced by the amount
of any appropriation made for such year for the conduct or
support by any other national research institute of any program
with respect to biomedical imaging and engineering.''.
(b) Use of Existing Resources.--In providing for the establishment
of the National Institute of Biomedical Imaging and Engineering
pursuant to the amendment made by subsection (a), the Director of the
National Institutes of Health (referred to in this subsection as the
``NIH'')--
(1) may transfer to the National Institute of Biomedical
Imaging and Engineering such personnel of the NIH as the
Director determines to be appropriate;
(2) may, for quarters for such Institute, utilize such
facilities of the NIH as the Director determines to be
appropriate; and
(3) may obtain administrative support for the Institute
from the other agencies of the NIH, including the other
national research institutes.
(c) Construction of Facilities.--None of the provisions of this Act
or the amendments made by the Act may be construed as authorizing the
construction of facilities, or the acquisition of land, for purposes of
the establishment or operation of the National Institute of Biomedical
Imaging and Engineering.
(d) Date Certain for Establishment of Advisory Council.--Not later
than 90 days after the effective date of this Act, the Secretary of
Health and Human Services shall complete the establishment of an
advisory council for the National Institute of Biomedical Imaging and
Engineering in accordance with section 406 of the Public Health Service
Act and in accordance with section 464Z of such Act (as added by
subsection (a) of this section).
(e) Conforming Amendment.--Section 401(b)(1) of the Public Health
Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the
following:
``(R) The National Institute of Biomedical Imaging and
Engineering.''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on October 1, 1999, or upon the date of
the enactment of this Act, whichever occurs later.
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National Institute of Biomedical Imaging and Engineering Establishment Act - Amends the Public Health Service Act to provide for the establishment of the National Institute of Biomedical Imaging and Engineering. Requires the Director of the Institute to establish a National Biomedical Imaging and Engineering Program which shall include research and related technology assessments and development in biomedical imaging and engineering. Requires the Director, with respect to such Program, to prepare and transmit to the Secretary of Health and Human Services and the Director of the National Institutes of Health (NIH) a plan to initiate, expand, intensify, and coordinate Institute biomedical imaging and engineering activities. Requires: (1) the consolidation and coordination of Institute biomedical imaging and engineering research and related activities with those of the NIH and other Federal agencies; and (2) the establishment of an Institute advisory council.
Authorizes: (1) appropriations for the Institute for FY 2000 through 2002; and (2) the transfer of appropriate NIH personnel and research facilities for Institute activities.
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Give a brief overview of the following text: SEC. 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Recreational Visitor
Protection Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the avalanche
protection program established under section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. AVALANCHE PROTECTION PROGRAM.
(a) Establishment.--The Secretary, in consultation with the
Secretary of the Interior, shall establish a coordinated avalanche
protection program--
(1) to provide early identification of the potential for
avalanches that could endanger the safety of recreational users
of public land, including skiers, backpackers, snowboarders,
and campers and visitors to units of the National Park System;
and
(2) to reduce the risks and mitigate the effects of
avalanches on visitors, recreational users, neighboring
communities, and transportation corridors.
(b) Coordination.--
(1) In general.--In developing and implementing the
program, the Secretary shall consult with the Secretary of the
Interior, and coordinate the program, to ensure adequate levels
of protection for recreational users of public land under the
jurisdiction of the Secretary of the Interior, including units
of the National Park System, National Recreation Areas,
wilderness and backcountry areas, components of the National
Wild and Scenic Rivers System, and other areas that are subject
to the potential threat of avalanches.
(2) Resources.--In carrying out this section, the Secretary
and the Secretary of the Interior--
(A) shall, to the maximum extent practicable, use
the resources of the National Avalanche Center of the
Forest Service; and
(B) may use such other resources as the Secretary
has available in the development and implementation of
the program.
(c) Advisory Committee.--
(1) In general.--The Secretary and the Secretary of the
Interior shall jointly establish an advisory committee to
assist in the development and implementation of the program.
(2) Membership.--
(A) In general.--The Advisory Committee shall
consist of 11 members, appointed by the Secretaries,
who represent authorized users of artillery, other
military weapons, or weapons alternatives used for
avalanche control.
(B) Representatives.--The membership of the
Advisory Committee shall include representatives of--
(i) Federal land management agencies and
concessionaires or permittees that are exposed
to the threat of avalanches;
(ii) State departments of transportation
that have experience in dealing with the
effects of avalanches; and
(iii) Federal- or State-owned railroads
that have experience in dealing with the
effects of avalanches.
(d) Central Depository.--The Secretary, the Secretary of the
Interior, and the Secretary of the Army shall establish a central
depository for weapons, ammunition, and parts for avalanche control
purposes, including an inventory that can be made available to Federal
and non-Federal entities for avalanche control purposes under the
program.
(e) Grants.--
(1) In general.--The Secretary and the Secretary of the
Interior may make grants to carry out projects and activities
under the program--
(A) to assist in the prevention, forecasting,
detection, and mitigation of avalanches for the safety
and protection of persons, property, and at-risk
communities;
(B) to maintain essential transportation and
communications affected or potentially affected by
avalanches;
(C) to assist avalanche artillery users to ensure
the availability of adequate supplies of artillery and
other unique explosives required for avalanche control
in or affecting--
(i) units of the National Park System; and
(ii) other Federal land used for recreation
purposes; and
(iii) adjacent communities, and essential
transportation corridors, that are at risk of
avalanches; and
(D) to assist public or private persons and
entities in conducting research and development
activities for cost-effective and reliable alternatives
to minimize reliance on military weapons for avalanche
control.
(2) Priority.--For each fiscal year for which funds are
made available under section 4, the Secretary shall give
priority to projects and activities carried out in avalanche
zones--
(A) with a high frequency or severity of
avalanches; or
(B) in which deaths or serious injuries to
individuals, or loss or damage to public facilities and
communities, have occurred or are likely to occur.
(f) Surplus Ordnance.--Section 549(c)(3) of title 40, United States
Code, is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) in the case of surplus artillery ordnance
that is suitable for avalanche control purposes, to a
user of such ordnance.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$15,000,000 for each of fiscal years 2006 through 2010.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.
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Federal Land Recreational Visitor Protection Act of 2005 - Directs the Secretary of Agriculture to establish an avalanche protection program to: (1) provide early identification of the potential for avalanches that could endanger the safety of recreational users of public land and visitors to units of the National Park System (NPS); and (2) reduce the risks and mitigate the effects of avalanches on visitors, recreational users, neighboring communities, and transportation corridors.
Requires the Secretary and the Secretary of the Interior to: (1) use the resources of the National Avalanche Center of the Forest Service to carry out this Act; and (2) establish an advisory committee to assist in the development and implementation of the program. Directs such Secretaries and the Secretary of the Army to establish a central depository for weapons, ammunition, and parts for avalanche control purposes, including an inventory that can be made available to federal and non-federal entities. Authorizes the Secretaries of Agriculture and the Interior to make grants to carry out projects and activities under the program to: (1) assist in the prevention, forecasting, detection, and mitigation of avalanches; (2) maintain essential transportation and communications; (3) assist avalanche artillery users to ensure the availability of adequate supplies of artillery and other explosives required for avalanche control in or affecting NPS units, other federal land used for recreation, and adjacent communities, and essential transportation corridors; and (4) assist research and development activities for alternatives to minimize reliance on military weapons for avalanche control. Authorizes appropriations.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Security
Administration Ombudsman Act of 2013''.
SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN OFFICE.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code is amended by adding at the end the following new section:
``Sec. 44946. Ombudsman
``(a) In General.--
``(1) Establishment.--There is established an Office of the
Ombudsman in the Transportation Security Administration.
``(2) Ombudsman.--
``(A) In general.--The Office shall be under the
direction of the Ombudsman of the Transportation
Security Administration, who shall be appointed by the
Chief Human Capital Officer of the Department of
Homeland Security on behalf of the Secretary of
Homeland Security.
``(B) Qualifications.--An individual appointed as
the Ombudsman must have expertise in--
``(i) labor and employment relations with
Federal agencies; and
``(ii) dispute resolution.
``(C) Notification of appointment and removal.--The
Chief Human Capital Officer of the Department of
Homeland Security shall notify the appropriate
congressional committees within 30 days after the
effective date of any of the following actions:
``(i) The appointment of an individual as
Ombudsman.
``(ii) The reappointment as Ombudsman of an
individual who is serving as Ombudsman.
``(iii) The removal of an individual from
the position of Ombudsman.
``(3) Ensuring independence of ombudsman.--
``(A) In general.--The Ombudsman shall report--
``(i) to the Administrator of the
Transportation Security Administration; and
``(ii) to the Chief Human Capital Officer
of the Department of Homeland Security with
respect to any dispute between the Ombudsman
and the Administrator of Transportation
Security Administration over matters involving
the execution of the Ombudsman's duties as set
forth in subsection (b).
``(B) Inspector general's authority to conduct
investigations not affected.--Nothing in this section
shall prohibit the Inspector General of the Department
of Homeland Security from initiating, carrying out, or
completing any investigation.
``(b) Duties.--The Ombudsman shall--
``(1) conduct outreach to Transportation Security
Administration employees, including publicizing a toll-free
telephone number to report complaints;
``(2) evaluate each complainant's claim objectively;
``(3) provide information, advice, and assistance to
complainants and, as appropriate, initiate informal, impartial
fact-finding and inquiries, on complaints or on the Ombudsman's
own initiative;
``(4) inform each complainant--
``(A) when the Ombudsman decides against conducting
a fact-finding inquiry into the complaint;
``(B) on the status of the Ombudsman's fact-finding
inquiry to the complainant, on a regular basis if
requested by the complainant; and
``(C) of the Ombudsman's recommendations and
information, as appropriate, for the complainant to
formally complain to the appropriate authority;
``(5) work with the Administrator of the Transportation
Security Administration to address issues identified through
fact-finding and inquiries;
``(6) maintain confidential any matter related to
complaints and inquiries, including the identities of the
complainants and witnesses; and
``(7) submit an annual report to the appropriate
congressional committees in accordance with subsection (c).
``(c) Annual Report.--
``(1) In general.--The Ombudsman shall report no later than
September 30 each year to the appropriate congressional
committees on the actions taken by the Office of the Ombudsman
over the preceding year and the objectives of those actions.
``(2) Contents.--Each such report shall, for the period
covered by the report, include--
``(A) statistical information, by region, on the
volume of complaints received, general nature of
complaints, general information on complainants, and
the percentage of complaints that resulted in a fact-
finding inquiry;
``(B) a summary of problems encountered by
complainants, including information on the most
pervasive or serious types of problems encountered by
complainants;
``(C) policy recommendations that the Office of the
Ombudsman made to the Administrator of the
Transportation Security Administration;
``(D) an inventory of the items described in
subparagraphs (B) and (C) for which action has been
taken, and the result of such action;
``(E) an inventory of the items described in
subparagraphs (B) and (C) for which action remains to
be completed; and
``(F) such other information as the Ombudsman
considers relevant.
``(3) Report to be submitted directly.--Each report under
this subsection shall be provided directly to the committees
described in paragraph (1) without any prior comment or
amendment by the Administrator of the Transportation Security
Administration. However, the Ombudsman shall seek comment from
the Administrator to be submitted by the Ombudsman together
with the annual report.
``(4) Other reports.--Nothing in this subsection shall be
construed to preclude the Ombudsman from issuing other reports
on the activities of the Office of the Ombudsman.
``(d) Contact Information.--The Administrator of the Transportation
Security Administration shall make publically available on the Internet
site of the Administration information about the Office of the
Ombudsman, including regarding how to contact the Office.
``(e) Appropriate Congressional Committee Defined.--In this section
the term `appropriate congressional committee' means the Committee on
Homeland Security of the House of Representatives and any committee of
the House of Representatives or the Senate having legislative
jurisdiction under the rules of the House of Representatives or Senate,
respectively, over the matter concerned.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the items relating to
subchapter II the following new item:
``44946. Ombudsman.''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2014, 2015, and 2016 $575,000 for
implementing section 44946 of title 49, United States Code, as amended
by this section.
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Transportation Security Administration Ombudsman Act of 2013 - Establishes in the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) an Office of the Ombudsman to assist TSA employees who have complaints about TSA, including publicizing a toll-free telephone number to report such complaints. Directs the Ombudsman to ensure that each TSA region has a regional ombudsman.
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Condense the following text into a summary: SECTION 1. DEPARTMENTAL REORGANIZATION.
(a) Redesignation of Directorate for Information Analysis and
Infrastructure Protection.--Section 201 of the Homeland Security Act of
2002 is amended--
(1) in subsection (a)(1)--
(A) by striking ``a Directorate for Information
Analysis and Infrastructure Protection'' and inserting
``an Office of Intelligence and Analysis''; and
(B) by striking ``an Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``an Under Secretary for Intelligence and
Analysis'';
(2) by striking subsection (b) and redesignating
subsections (c) through (g) as subsections (b) through (f),
respectively;
(3) in subsection (b), as so redesignated--
(A) by striking ``and infrastructure protection''
before ``are carried out'' and inserting ``and
intelligence''; and
(B) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
and Analysis'';
(4) in subsection (c), as so redesignated--
(A) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
and Analysis'';
(B) by striking paragraphs (2), (5), and (6), and
redesignating paragraphs (3) through (17) as paragraphs
(2) through (14), respectively;
(C) by redesignating paragraphs (18) and (19) as
paragraphs (20) and (21), respectively;
(D) in paragraph (2), as so redesignated, by
striking ``To integrate'' and inserting ``To
participate in the integration of'';
(E) in paragraph (14), as so redesignated, by
inserting ``the Assistant Secretary for Infrastructure
Protection and'' after ``coordinate with''; and
(F) by inserting after paragraph (14), as
redesignated by subparagraph (B), the following new
paragraphs:
``(15) To coordinate and enhance integration among
intelligence components of the Department.
``(16) To establish intelligence priorities, policies,
processes, standards, guidelines, and procedures for the
Department.
``(17) To establish a structure and process to support the
missions and goals of the intelligence components of the
Department.
``(18) To ensure that, whenever possible--
``(A) the Under Secretary for Intelligence and
Analysis produces and disseminates reports and analytic
products based on open-source information that do not
require a national security classification under
applicable law; and
``(B) such unclassified open source reports are
produced and disseminated contemporaneously with
reports or analytic products concerning the same or
similar information that the Under Secretary for
Intelligence and Analysis produces and disseminates in
a classified format.
``(19) To establish within the Office of Intelligence
Analysis an Internal Continuity of Operations (COOP) Plan
that--
``(A) assures that the capability exists to
continue uninterrupted operations during a wide range
of potential emergencies, including localized acts of
nature, accidents, and technological or attack-related
emergencies, that is maintained at a high level of
readiness and is capable of implementation with and
without warning; and
``(B) includes plans and procedures governing
succession to office within the Office of Intelligence
and Analysis, including--
``(i) emergency delegations of authority
(where permissible, and in accordance with
applicable law);
``(ii) the safekeeping of vital resources,
facilities, and records;
``(iii) the improvisation or emergency
acquisition of vital resources necessary for
the performance of operations of the Office;
and
``(iv) the capability to relocate essential
personnel and functions to and to sustain the
performance of the operations of the Office at
an alternate work site until normal operations
can be resumed.'';
(5) in subsections (d) and (e), as redesignated by
subsection (a)(2), by striking ``Directorate'' each place it
appears and inserting ``Office''; and
(6) in subsection (f), as redesignated by subsection
(a)(2)--
(A) by striking ``the Under Secretary for
Information Analysis and Infrastructure Protection''
and inserting ``the Under Secretary for Intelligence
and Analysis and the Assistant Secretary for
Infrastructure Protection''; and
(B) by inserting ``and section 203'' after ``under
this section''.
(b) Technical and Conforming Amendments.--
(1) Homeland security act.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 103(2), by striking ``Information
Analysis and Infrastructure Protection'' and inserting
``Intelligence and Analysis'';
(B) in section 223, by striking ``Under Secretary
for Information Analysis and Infrastructure
Protection'' and inserting ``Under Secretary for
Intelligence and Analysis, in cooperation with the
Assistant Secretary for Infrastructure Protection'';
(C) in section 224, by striking ``Under Secretary
for Information Analysis and Infrastructure
Protection'' and inserting ``Assistant Secretary for
Infrastructure Protection'';
(D) in section 302(3), by striking ``Under
Secretary for Information Analysis and Infrastructure
Protection'' and inserting ``Under Secretary for
Intelligence and Analysis and the Assistant Secretary
for Infrastructure Protection'';
(E) in the first section 510(d)--
(i) in paragraph (1), by striking
``Directorate for Information Analysis and
Infrastructure Protection'' and inserting
``Office of Intelligence and Analysis''; and
(ii) in paragraph (2), by striking ``Under
Secretary for Information Analysis and
Infrastructure Protection'' and inserting
``Under Secretary for Intelligence and
Analysis''; and
(F) by redesignating the second section 510 as
section 511.
(2) Headings.--
(A) Section 201.--The heading for section 121 of
such Act is amended to read as follows:
``SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.''.
(B) Section 201(a).--The heading for subsection (a)
of section 121 of such Act is amended to read as
follows:
``(a) Under Secretary of Homeland Security for Intelligence and
Analysis.--''.
(C) Section 201(b).--The heading for subsection (b)
of section 121 of such Act, as redesignated by
subsection (a)(2), is amended to read as follows:
``(b) Discharge of Intelligence and Analysis.--''.
(3) National security act of 1947.--Section 106(b)(2)(I) of
the National Security Act of 1947 (50 U.S.C. 403-6) is amended
to read as follows:
``(I) The Under Secretary of Homeland Security for
Intelligence and Analysis.''.
(4) Intelligence reform and terrorism prevention act of
2004.--Section 7306(a)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3848) is amended by striking ``Under Secretary for Information
Analysis and Infrastructure Protection'' and inserting ``Under
Secretary for Intelligence and Analysis''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the items
relating to section 509 the following:
``Sec. 510. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 511. Urban and other high risk area communications
capabilities.''.
SEC. 2. INTELLIGENCE COMPONENTS OF DEPARTMENT OF HOMELAND SECURITY.
(a) Responsibilities.--Subtitle A of title II of the Homeland
Security Act of 2002 6 U.S.C. 201 et seq.) is amended by adding at the
end the following new section:
``SEC. 203. INTELLIGENCE COMPONENTS.
``(a) Responsibilities.--Subject to the direction and control of
the Secretary, the responsibilities of the head of each intelligence
component of the Department are as follows:
``(1) To ensure that duties related to the acquisition,
analysis, and dissemination of homeland security information
are carried out effectively and efficiently in support of the
Under Secretary for Intelligence and Analysis.
``(2) To support and implement the goals established in
cooperation with the Under Secretary for Intelligence and
Analysis.
``(3) To incorporate the input of the Under Secretary for
Intelligence and Analysis with respect to performance
appraisals, bonus or award recommendations, pay adjustments,
and other forms of commendation.
``(4) To coordinate with the Under Secretary for
Intelligence and Analysis in the recruitment and selection of
intelligence officials of the intelligence component.
``(5) To advise and coordinate with the Under Secretary for
Intelligence and Analysis on any plan to reorganize or
restructure the intelligence component that would, if
implemented, result in realignments of intelligence functions.
``(6) To ensure that employees of the intelligence
component have knowledge of and comply with the programs and
policies established by the Under Secretary for Intelligence
and Analysis and other appropriate officials of the Department
and that such employees comply with all applicable laws and
regulations.
``(7) To perform such other duties relating to such
responsibilities as the Secretary may provide.
``(b) Training of Employees.--The Secretary shall provide training
and guidance for employees, officials, and senior executives of the
intelligence components of the Department to develop knowledge of laws,
regulations, operations, policies, procedures, and programs that are
related to the functions of the Department relating to the handling,
analysis, dissemination, and acquisition of homeland security
information.''.
(b) Intelligence Component Defined.--Section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the
following new paragraph:
``(17) The term `intelligence component of the Department'
means any directorate, agency, or element of the Department
that gathers, receives, analyzes, produces, or disseminates
homeland security information except--
``(A) a directorate, agency, or element of the
Department that is required to be maintained as a
distinct entity under this Act; or
``(B) any personnel security, physical security,
document security, or communications security program
within any directorate, agency, or element of the
Department.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following the following:
``Sec. 203. Intelligence components.''.
SEC. 3. OFFICE OF INFRASTRUCTURE PROTECTION.
(a) Establishment.--Subtitle A of title II of the Homeland Security
Act of 2002 6 U.S.C. 201 et seq.), as amended by section 2, is further
amended by adding at the end the following new section:
``SEC. 204. OFFICE OF INFRASTRUCTURE PROTECTION.
``(a) Assistant Secretary for Infrastructure Protection.--
``(1) In general.--There shall be in the Department an
Office of Infrastructure Protection headed by an Assistant
Secretary for Infrastructure Protection.
``(2) Responsibilities.--The Assistant Secretary shall
assist the Secretary in discharging the responsibilities
assigned by the Secretary.
``(b) Discharge of Infrastructure Protection.--The Secretary shall
ensure that the responsibilities of the Department regarding
infrastructure protection are carried out through the Assistant
Secretary for Infrastructure Protection.
``(c) Responsibilities of Assistant Secretary.--Subject to the
direction and control of the Secretary, the responsibilities of the
Assistant Secretary for Infrastructure Protection shall be as follows:
``(1) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the performance
of risk assessments to determine the risks posed by particular
types of terrorist attacks within the United States (including
an assessment of the probability of success of such attacks and
the feasibility and potential efficacy of various
countermeasures to such attacks).
``(2) To participate in the integration of relevant
information, analyses, and vulnerability assessments (whether
such information, analyses, or assessments are provided or
produced by the Department or others) in order to identify
priorities for protective and support measures by the
Department, other agencies of the Federal Government, State and
local government agencies and authorities, the private sector,
and other entities.
``(3) To develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States, including power production, generation, and
distribution systems, information technology and
telecommunications systems (including satellites), electronic
financial and property record storage and transmission systems,
emergency preparedness communications systems, and the physical
and technological assets that support such systems.
``(4) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in
coordination with other agencies of the Federal Government and
in cooperation with State and local government agencies and
authorities, the private sector, and other entities.
``(5) To coordinate with the Under Secretary for
Intelligence and Analysis and elements of the intelligence
community and with Federal, State, and local law enforcement
agencies, and the private sector, as appropriate.
``(6) To perform such other duties relating to such
responsibilities as the Secretary may provide.
``(d) Staff.--
``(1) In general.--The Secretary shall provide the Office
with a staff having appropriate expertise and experience to
assist the Assistant Secretary in discharging responsibilities
under this section.
``(2) Private sector staff.--Staff under this subsection
may include staff from the private sector.
``(3) Security clearances.--Staff under this subsection
shall possess security clearances appropriate for their work
under this section.
``(e) Detail of Personnel.--
``(1) In general.--In order to assist the Office in
discharging responsibilities under this section, personnel of
other Federal agencies may be detailed to the Department for
the performance of analytic functions and related duties.
``(2) Cooperative agreements.--The Secretary and the head
of the agency concerned may enter into cooperative agreements
for the purpose of detailing personnel under this subsection.
``(3) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 204. Office of Infrastructure Protection.''.
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Amends the Homeland Security Act of 2002 to: (1) rename the Directorate for Information Analysis and Infrastructure Protection as the Office of Intelligence and Analysis and the Under Secretary for such Directorate as the Under Secretary for Intelligence and Analysis; (2) expand the intelligence-related duties of the Under Secretary; (3) establish within the Office of Intelligence and Analysis an Internal Continuity of Operations (COOP) Plan to assure the continuation of intelligence operations during emergencies; (4) specify the responsibilities of each intelligence component of the Department of Homeland Security (DHS); and (5) establish an Office of Infrastructure Protection within DHS to be headed by an Assistant Secretary for Infrastructure Protection.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Law Enforcement Dependents
Assistance Act of 1996''.
SEC. 2. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF SLAIN FEDERAL LAW
ENFORCEMENT OFFICERS.
Part L of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796 et seq.) is amended by--
(1) inserting after the heading the following:
``Subpart 1--Death Benefits''; and
(2) adding at the end the following:
``Subpart 2--Educational Assistance to Dependents of Civilian Federal
Law Enforcement Officers Killed or Disabled in the Line of Duty
``SEC. 1211. PURPOSES.
``The purposes of this subpart are--
``(1) to enhance the appeal of service in civilian Federal
law enforcement agencies;
``(2) to extend the benefits of higher education to
qualified and deserving persons who, by virtue of the death of
or total disability of an eligible officer, may not be able to
afford it otherwise; and
``(3) to allow the family members of eligible officers to
attain the vocational and educational status which they would
have attained had a parent or spouse not been killed or
disabled in the line of duty.
``SEC. 1212. BASIC ELIGIBILITY.
``(a) Benefits.--(1) The Attorney General shall provide financial
assistance to a dependent who attends a program of education and is--
``(A) the child of any eligible Federal law enforcement
officer under subpart 1; or
``(B) the spouse of an officer described in subparagraph
(A) at the time of the officer's death or on the date of a
totally and permanently disabling injury.
``(2) Financial assistance under this subpart shall consist of
direct payments to an eligible dependent and shall be computed on the
basis set forth in section 3532 of title 38, United States Code.
``(b) Duration of Benefits.--No dependent shall receive assistance
under this subpart for a period in excess of forty-five months of full-
time education or training or a proportional period of time for a part-
time program.
``(c) Age Limitation for Dependent Children.--No dependent child
shall be eligible for assistance under this subpart after the child's
27th birthday absent a finding by the Attorney General of extraordinary
circumstances precluding the child from pursuing a program of
education.
``SEC. 1213. APPLICATIONS; APPROVAL.
``(a) Application.--A person seeking assistance under this subpart
shall submit an application to the Attorney General in such form and
containing such information as the Attorney General reasonably may
require.
``(b) Approval.--The Attorney General shall approve an application
for assistance under this subpart unless the Attorney General finds
that--
``(1) the dependent is not eligible for, is no longer
eligible for, or is not entitled to the assistance for which
application is made;
``(2) the dependent's selected educational institution
fails to meet a requirement under this subpart for eligibility;
``(3) the dependent's enrollment in or pursuit of the
educational program selected would fail to meet the criteria
established in this subpart for programs; or
``(4) the dependent already is qualified by previous
education or training for the educational, professional, or
vocational objective for which the educational program is
offered.
``(c) Notification.--The Attorney General shall notify a dependent
applying for assistance under this subpart of approval or disapproval
of the application in writing.
``SEC. 1214. REGULATIONS.
The Attorney General may promulgate reasonable and necessary
regulations to implement this subpart.
``SEC. 1215. DISCONTINUATION FOR UNSATISFACTORY CONDUCT OR PROGRESS.
``The Attorney General may discontinue assistance under this
subpart when the Attorney General finds that, according to the
regularly prescribed standards and practices of the educational
institution, the recipient fails to maintain satisfactory progress as
described in section 484(c) of the Higher Education Act of 1965 (20
U.S.C. 1091(c)).
``SEC. 1216. SPECIAL RULE.
``(a) Retroactive Eligibility.--Notwithstanding any other provision
of law, each dependent of a Federal law enforcement officer killed in
the line of duty on or after May 1, 1992, shall be eligible for
assistance under this subpart, subject to the other limitations of this
subpart.
``(b) Retroactive Assistance.--The Attorney General may provide
retroactive assistance to dependents eligible under this section for
each month in which the dependent pursued a program of education at an
eligible educational institution. The Attorney General shall apply the
limitations contained in this subpart to retroactive assistance.
``(c) Prospective Assistance.--The Attorney General may provide
prospective assistance to dependents eligible under this section on the
same basis as assistance to dependents otherwise eligible. In applying
the limitations on assistance under this subpart, the Attorney General
shall include assistance provided retroactively. A dependent eligible
under this section may waive retroactive assistance and apply only for
prospective assistance on the same basis as dependents otherwise
eligible.
``SEC. 1217. DEFINITIONS.
``For purposes of this subpart:
``(1) The term `Attorney General' means the Attorney
General of the United States.
``(2) The term `Federal law enforcement officer' has the
same meaning as under subpart 1.
``(3) The term `program of education' means any curriculum
or any combination of unit courses or subjects pursued at an
eligible educational institution, which generally is accepted
as necessary to fulfill requirements for the attainment of a
predetermined and identified educational, professional, or
vocational objective. It includes coursework for the attainment
of more than one objective if in addition to the previous
requirements, all the objectives generally are recognized as
reasonably related to a single career field.
``(4) The term `eligible educational institution' means an
institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section; and
``(B) is eligible to participate in programs under
title IV of such Act.
``SEC. 1218. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary.''.
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Federal Law Enforcement Dependents Assistance Act of 1996 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide educational assistance to the dependents of civilian Federal law enforcement officers who are killed or are permanently and totally disabled in the line of duty.
Authorizes the Attorney General to discontinue such assistance upon finding that the recipient fails to maintain satisfactory progress.
Authorizes retroactive assistance to each eligible dependent of a Federal law enforcement officer killed in the line of duty on or after May 1, 1992.
Authorizes appropriations.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Refugee Resettlement Reform
and Modernization Act of 2011''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States has enhanced and accelerated its
efforts to resettle Iraqi refugees since 2007.
(2) Resettlement in the United States remains an important
option for Iraqi refugees, many of whom are living in Syria and
Jordan and lack legal status or access to health care.
(3) Many of these refugees are victims of torture and
persecution, or were forced to flee because of support they
gave to American military operations.
(4) Refugees are often a product of human rights atrocities
and war, making them likely to have suffered traumatic events
which require the United States to offer them protection and
meet their needs once they arrive here.
(5) In fiscal year 2008, 13,822 Iraqi refugees were
resettled in the United States, and nearly 17,000 were
resettled in fiscal year 2009.
(6) Upon arrival in the United States, there is authorized
36 months of cash and medical assistance available to refugees,
as well as access to social services, such as job placement,
from the Office of Refugee Resettlement, but in practice
refugees receive only 8 months of cash and medical assistance.
(7) When given adequate support through the resettlement
system, refugees can successfully become self-sufficient and
contribute positively to their communities.
(8) Like millions of Americans, refugees are negatively
impacted by the recession, and a recent report by the
Georgetown Law Center indicated that in some areas as few as 10
percent of refugees have obtained employment at the end of the
8-month benefit period.
(9) State refugee offices and voluntary agencies lack the
resources and data to increase staffing levels to accommodate
the large number of refugees in need of services.
(10) ORR funding formulas are retroactive in nature, using
refugee admission data from the prior 3 years, so that large
increases in refugee admissions are not adequately reflected in
the amount of resources provided by ORR.
(11) The United States resettlement policy assumes refugees
will be able to quickly become self-sufficient, while
specifically offering resettlement to individuals who have
specific vulnerabilities that inhibit their ability to achieve
self-sufficiency and integrate into society.
(12) Some refugees will have mental health difficulties
associated with trauma or torture and this is one of the
significant barriers to self-sufficiency and integration into a
community when it is not addressed with adequate and
appropriate services.
(13) Secondary migration is not properly tracked, and
resources are not available for States and agencies
experiencing high levels of secondary migration.
(14) Refugee services are provided by national resettlement
agencies, community-based organizations, charities, and
nonprofits and coordinated locally by State refugee programs,
and all the organizations should be supported in their mission
to provide refugee services.
SEC. 3. DEFINITIONS.
In this Act:
(1) National resettlement agency.--The term ``national
resettlement agency'' means voluntary agencies contracting with
the State Department to provide sponsorship and initial
resettlement services to refugees entering the United States.
(2) Community based organization.--The term ``community
based organization'' means a nonprofit organization providing a
variety of social, health, educational and community services
to a population that includes refugees resettled into the
United States.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Health and Human Services for
Refugee and Asylee Resettlement.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on the date that is 90 days after the
date of enactment of this Act.
SEC. 5. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study regarding the effectiveness of the domestic
refugee resettlement programs operated by the Office of Refugee
Resettlement.
(b) Matters To Be Studied.--In the study required under subsection
(a), the Comptroller General shall determine and analyze the following:
(1) How the Office of Refugee Resettlement defines self-
sufficiency and if this definition is adequate in addressing
refugee needs in the United States.
(2) The effectiveness of the Office of Refugee Resettlement
programs in helping refugees to meet self-sufficiency and an
analysis of the unmet needs of the program.
(3) An evaluation of the Office of Refugee Resettlement's
budgetary resources and projection of the amount of additional
resources needed to fully address the unmet needs of refugees
with regard to self-sufficiency.
(4) The role of community based organizations in serving
refugees in areas experiencing a high number of new refugee
arrivals.
(5) An analysis of how community based organizations can be
better utilized and supported in the Federal domestic
resettlement process.
(6) Recommendations on statutory changes to improve the
Office of Refugee Resettlement and the domestic refugee program
in relation to the matters analyzed under paragraphs (1)
through (5).
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit the results of the
study required under subsection (a) to the Congress.
SEC. 6. ELEVATION OF THE OFFICE OF REFUGEE RESETTLEMENT.
(a) In General.--Section 411(a) of the Immigration and Nationality
Act (8 U.S.C. 1521(a)) is amended by striking the second sentence and
inserting the following: ``The head of the Office of Refugee
Resettlement in the Department of Health and Human Services shall be an
Assistant Secretary of Health and Human Services for Refugee and Asylee
Resettlement (hereinafter in this chapter referred to as the `Assistant
Secretary'), to be appointed by the President, and to report directly
to the Secretary.''.
(b) Conforming Amendments.--
(1) Section 411(b) of the Immigration and Nationality Act
(8 U.S.C. 1521(b)) is amended by striking ``Director'' and
inserting ``Assistant Secretary''.
(2) Section 412 of the Immigration and Nationality Act (8
U.S.C. 1522) is amended by striking ``Director'' each place it
appears and inserting ``Assistant Secretary''.
(3) Section 413 of the Immigration and Nationality Act (8
U.S.C. 1523) is amended by striking ``Director'' each place it
appears and inserting ``Assistant Secretary''.
(4) Section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279) is amended by striking ``Director'' each place it
appears and inserting ``Assistant Secretary''.
(c) References.--Any reference to the Director of the Office of
Refugee Resettlement in any other Federal law, Executive order, rule,
regulation, operating instruction, or delegation of authority, or any
document of or pertaining to the Department of Health and Human
Services or the Office of Refugee Resettlement that refers to the
Director of the Office of Refugee Resettlement, shall be deemed to
refer to the Assistant Secretary of Health and Human Services for
Refugee and Asylee Resettlement.
SEC. 7. REFUGEE ASSISTANCE.
(a) Amendments to the Social Services Funding.--Section
412(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1522(c)(1)(B)) is amended to read as follows:
``(B) The funds available for a fiscal year for
grants and contracts under subparagraph (A) shall be
allocated among the States based on a combination of
the total number or refugees (including children and
adults) who arrived in the United States not more than
36 months before the beginning of such fiscal year and
who are actually residing in each State (taking into
account secondary migration) as of the beginning of the
fiscal year, the total number of all other eligible
populations served by the Office during the period
described who are residing in the State as of the
beginning of the fiscal year, and projections on the
number and nature of incoming refugees and other
populations served by the Office during the subsequent
fiscal year.''.
(b) Report on Secondary Migration.--Section 412(a)(3) of the
Immigration and Nationality Act (814 U.S.C. 1522(a)(3)) is amended by
striking the word ``periodic'' to ``annual'' and by adding at the end
the following: ``At the end of each fiscal year, the Assistant
Secretary shall present a report on these findings to the Congress. The
information in the report shall include, but is not limited to, States
experiencing departures and arrivals due to secondary migration, likely
reasons for migration, the impact of secondary migration on States
hosting secondary migrants, availability of social services for
secondary migrants in those States, and unmet needs of those secondary
migrants.''.
(c) Assistance Made Available to Secondary Migrants.--Section
412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1))
is amended by adding at the end the following:
``(C) When providing such assistance, the Assistant
Secretary shall ensure that such assistance is provided
to refugees who are secondary migrants and meet all
other eligibility requirements for such services.''.
(d) Notice and Rulemaking.--Not later than 90 days after the date
of enactment of this Act, but in no event later than 30 days before the
effective date of the amendments made by this section, the Assistant
Secretary shall issue a proposed rule of the new formula by which
grants and contracts are to be allocated pursuant to the amendments
made by subsection (c), and solicit public comment.
(e) Effective Date.--The amendment made by this section shall
become effective on the first day of the first fiscal year that begins
after the date of enactment of this Act.
SEC. 8. RESETTLEMENT DATA.
The Assistant Secretary shall expand the Office of Refugee
Resettlement's data analysis, collection, and sharing activities in
accordance with the following provisions:
(1) Data on mental and physical medical cases.--The
Assistant Secretary shall coordinate with the Centers for
Disease Control, national resettlement agencies, community
based organizations, and State refugee health programs to track
national and State trends on refugees arriving with Class A
medical conditions and other urgent medical needs. The
Assistant Secretary shall utilize initial refugee health
screening data, including history of severe trauma, torture,
mental health symptoms, depression, anxiety and PTSD, recorded
during domestic and international health screenings, and
Refugee Medical Assistance utilization rate data in collecting
this information.
(2) Data on housing needs.--The Assistant Secretary shall
partner with State refugee programs, community based
organizations, and national resettlement agencies to collect
data relating to the housing needs of refugees. This data
should include the number of refugees who have become homeless
and the number at severe risk of becoming homeless.
(3) Data on refugee employment and self-sufficiency.--The
Assistant Secretary shall gather longitudinal information
relating to refugee self-sufficiency and employment status for
the period of 1-3 years post-arrival.
(4) Availability of data.--The data collected under this
section shall be updated annually and the Assistant Secretary
shall submit a report to the Congress containing that updated
data.
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Domestic Refugee Resettlement Reform and Modernization Act of 2011 - Directs the Comptroller General to conduct a study regarding the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs.
Amends the Immigration and Nationality Act to establish as head of the Office an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. (Currently, the head of such Office is a Director.)
Revises the refugee grant and contract assistance allocation formula.
Directs the Assistant Secretary to: (1) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (2) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel and Tourism Promotion Act of
2001''.
TITLE I--TAX PROVISIONS
SEC. 2. CONSUMER TRAVEL TAX CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and
inserting after section 34 the following:
``SEC. 35. CONSUMER TRAVEL CREDIT.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the qualified consumer travel
expenses which are paid or incurred by the taxpayer during the taxable
year.
``(b) Maximum Credit.--The credit allowed to a taxpayer under
subsection (a) for any taxable year shall not exceed $500 ($1000, in
the case of a joint return), reduced by the amount of credit allowed
under subsection (a) for all preceding taxable years.
``(c) Qualified Consumer Travel Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified consumer travel
expenses' means reasonable expenses in connection with a
qualifying personal trip for--
``(A) travel by aircraft, rail, watercraft, or
commercial motor vehicle, and
``(B) lodging while away from home at any
commercial lodging facility.
Such term does not include expenses for meals, entertainment,
amusement, or recreation.
``(2) Qualifying personal trip.--
``(A) In general.--The term `qualifying personal
trip' means leisure travel within the United States
which is taken on or after October 1, 2001, and before
January 1, 2003.
``(B) Only personal travel included.--Such term
shall not include travel if, without regard to this
section, any expenses in connection with such travel
are deductible in connection with a trade or business
or activity for the production of income.
``(C) United states.--The term `United States'
includes the Commonwealth of Puerto Rico and a
possession of the United States (as defined in section
936).
``(3) Commercial lodging facility.--The term `commercial
lodging facility' includes any hotel, motel, resort, rooming
house, or campground
``(d) Special Rules.--
``(1) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(2) Expenses must be substantiated.--No credit shall be
allowed by subsection (a) unless the taxpayer substantiates by
adequate records or by sufficient evidence corroborating the
taxpayer's own statement the amount of the expenses described
in subsection (c)(1).
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which credit is allowed under
this section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 35. Consumer travel credit.
``Sec. 36. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid on or after the date of enactment of this Act,
and before January 1, 2003.
TITLE II--TRAVEL AND TOURISM PROMOTION BUREAU
SEC. 21. UNITED STATES TRAVEL AND TOURISM PROMOTION BUREAU.
(a) Establishment.--There is established in the Department of
Commerce a United States Travel and Tourism Promotion Bureau (in this
title referred to as the ``Bureau'').
(b) Purpose.--The Bureau shall--
(1) work to help restore consumer confidence in travel in
the two years following the September 11, 2001, terrorist
attacks on the United States; and
(2) work in conjunction with private industry and industry
employee representatives to design and implement public service
announcements and advertising to promote tourism, encouraging
Americans and foreign visitors to rediscover the nation's
treasures.
(c) Powers.--To carry out the purposes of this title, the Bureau
may--
(1) distribute funds to any travel and tourism related
organization or association;
(2) enter into contracts with private organizations or
business;
(3) utilize up to three existing employees of the
Department of Commerce, as may be assigned by the Secretary;
and
(4) conduct any and all acts necessary and proper to carry
out the purposes of this title.
SEC. 22. UNITED STATES TRAVEL AND TOURISM PROMOTION BUREAU ADVISORY
COMMITTEE.
(a) Establishment.--There is established a United States Travel and
Tourism Promotion Bureau Advisory Committee (in this title referred to
as the ``Advisory Committee'') for the purpose of recommending
activities to the Bureau.
(b) Members.--Not later than 30 days after the date of enactment of
this Act, the Secretary of Commerce shall appoint the members of the
Advisory Committee of whom--
(1) 1 member shall be a representative of the aviation
industry;
(2) 1 member shall be a representative of airline workers;
(3) 1 member shall be a representative of the hotel
industry;
(4) 1 member shall be a representative of hotel workers;
(5) 1 member shall be a representative of the restaurant
industry;
(6) 1 member shall be a representative of restaurant
workers;
(7) 1 member shall be a representative of amusement parks;
and
(8) 1 member shall be a member of the Rural Tourism
Foundation.
(c) Chair.--The Advisory Committee shall elect a Chair for an
initial term of 6 months. After such initial term, the Chair shall be
elected for such term as the Committee may designate.
(d) Vacancies.--If a vacancy occurs in the membership of the
Committee, the Secretary of Commerce shall fill the vacancy, provided
that the membership of the Committee remains consistent with subsection
(b).
SEC. 23. QUARTERLY REPORTING PROVISION.
Not less than once every 90 days, the Bureau shall report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives
regarding--
(1) the activities of the Bureau to promote travel and
tourism; and
(2) the state of the travel and tourism industry.
SEC. 24. SUNSET.
The provisions of this title shall terminate on the date that is 2
years after the date of enactment of this Act.
SEC. 25. APPROPRIATIONS.
(a) In General.--Notwithstanding the provisions of the 2001
Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States, of the amounts made
available under such Act not less than $60,000,000 shall be available
solely for the purpose of carrying out this title.
(b) Availability of Funds.--The funds made available under
subsection (a) shall remain available without fiscal year limitation
until expended, but not later than September 31, 2003.
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Travel and Tourism Promotion Act of 2001 - Amends the Internal Revenue Code to allow a consumer travel credit. Establishes in the Department of Commerce a United States Travel and Tourism Promotion Bureau to promote tourism and restore consumer confidence in the wake of September 11, 2001. Establishes a United States Travel and Tourism Promotion Bureau Advisory Committee.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sugar Reform Act of 2015''.
SEC. 2. SUGAR PROGRAM.
(a) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (4)--
(A) by striking ``2018'' and inserting ``2014'';
and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(6) 18 cents per pound for raw cane sugar for each of the
2015 through 2018 crop years.''.
(b) Sugar Beets.--Section 156(b)(2) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by
striking ``2009'' and inserting ``2015''.
(c) Effective Period.--Section 156(i) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by
striking ``2008'' and inserting ``2015''.
SEC. 3. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
(a) In General.--Section 359b of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359bb) is amended--
(1) in subsection (a)(1)--
(A) in the matter before subparagraph (A), by
striking ``2008'' and inserting ``2017''; and
(B) in subparagraph (B), by inserting ``at
reasonable prices'' after ``stocks''; and
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``but'' after
the semicolon at the end and inserting ``and''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) appropriate to maintain adequate domestic
supplies at reasonable prices, taking into account all
sources of domestic supply, including imports.''.
(b) Establishment of Flexible Marketing Allotments.--Section 359c
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359cc) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``but'' after the semicolon at the end and
inserting ``and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) appropriate to maintain adequate supplies at
reasonable prices, taking into account all sources of
domestic supply, including imports.''; and
(B) in paragraph (2)(B), by inserting ``at
reasonable prices'' after ``market''; and
(2) in subsection (g)(1)--
(A) by striking ``Adjustments.--'' and all that
follows through ``Subject to subparagraph (B), the''
and inserting ``Adjustments.--The''; and
(B) by striking subparagraph (B).
(c) Suspension or Modification of Provisions.--Section 359j of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359jj) is amended by
adding at the end the following:
``(c) Suspension or Modification of Provisions.--Notwithstanding
any other provision of this part, the Secretary may suspend or modify,
in whole or in part, the application of any provision of this part if
the Secretary determines that the action is appropriate, taking into
account--
``(1) the interests of consumers, workers in the food
industry, businesses (including small businesses), and
agricultural producers; and
``(2) the relative competitiveness of domestically produced
and imported foods containing sugar.''.
(d) Administration of Tariff Rate Quotas.--Section 359k of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is amended to
read as follows:
``SEC. 359K. ADMINISTRATION OF TARIFF RATE QUOTAS.
``(a) Establishment.--Notwithstanding any other provision of law,
at the beginning of the quota year, the Secretary shall establish the
tariff-rate quotas for raw cane sugar and refined sugar at no less than
the minimum level necessary to comply with obligations under
international trade agreements that have been approved by Congress.
``(b) Adjustment.--
``(1) In general.--Subject to subsection (a), the Secretary
shall adjust the tariff-rate quotas for raw cane sugar and
refined sugar to provide adequate supplies of sugar at
reasonable prices in the domestic market.
``(2) Ending stocks.--Subject to paragraphs (1) and (3),
the Secretary shall establish and adjust tariff-rate quotas in
such a manner that the ratio of sugar stocks to total sugar use
at the end of the quota year will be approximately 15.5
percent.
``(3) Maintenance of reasonable prices and avoidance of
forfeitures.--
``(A) In general.--The Secretary may establish a
different target for the ratio of ending stocks to
total use if, in the judgment of the Secretary, the
different target is necessary to prevent--
``(i) unreasonably high prices; or
``(ii) forfeitures of sugar pledged as
collateral for a loan under section 156 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7272).
``(B) Announcement.--The Secretary shall publicly
announce any establishment of a target under this
paragraph.
``(4) Considerations.--In establishing tariff-rate quotas
under subsection (a) and making adjustments under this
subsection, the Secretary shall consider the impact of the
quotas on consumers, workers, businesses (including small
businesses), and agricultural producers.
``(c) Temporary Transfer of Quotas.--
``(1) In general.--To promote full use of the tariff-rate
quotas for raw cane sugar and refined sugar, notwithstanding
any other provision of law, the Secretary shall promulgate
regulations that provide that any country that has been
allocated a share of the quotas may temporarily transfer all or
part of the share to any other country that has also been
allocated a share of the quotas.
``(2) Transfers voluntary.--Any transfer under this
subsection shall be valid only on voluntary agreement between
the transferor and the transferee, consistent with procedures
established by the Secretary.
``(3) Transfers temporary.--
``(A) In general.--Any transfer under this
subsection shall be valid only for the duration of the
quota year during which the transfer is made.
``(B) Following quota year.--No transfer under this
subsection shall affect the share of the quota
allocated to the transferor or transferee for the
following quota year.''.
(e) Effective Period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking
``2008'' and inserting ``2015''.
SEC. 4. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY
PRODUCERS.
(a) In General.--Section 9010 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8110) is repealed.
(b) Conforming Amendments.--
(1) Section 359a(3)(B) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359aa(3)(B)) is amended--
(A) in clause (i), by inserting ``and'' after the
semicolon at the end;
(B) in clause (ii), by striking ``; and'' at the
end and inserting a period; and
(C) by striking clause (iii).
(2) Section 359b(c)(2)(C) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking
``, except for'' and all that follows through ``of 2002''.
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Sugar Reform Act of 2015 This bill revises the Department of Agriculture (USDA) sugar program to decrease price support levels and make other modifications. The bill amends the Federal Agriculture Improvement and Reform Act of 1996 to decrease the rate for price support loans to processors of domestically grown sugarcane and sugar beets. The loan rate is the price level at which processors can take out loans. The bill amends the Agricultural Adjustment Act of 1938 to require USDA to set the marketing allotments at a level appropriate to maintain adequate domestic supplies at reasonable prices. The allotments limit the amount of sugar that each processor may sell. The allotments may be suspended or modified based on: (1) the interests of consumers, workers, businesses, and agricultural producers; and (2) the relative competitiveness of domestically produced and imported foods containing sugar. In setting import quotas necessary to comply with trade agreements, USDA must: set the quotas at no less than the minimum level necessary for compliance, adjust the quotas to provide adequate domestic supplies at reasonable prices, establish and adjust quotas so that the ratio of sugar stocks to total sugar use at the end of the year will be approximately 15.5% or the target necessary to prevent unreasonably high prices or forfeitures, and permit the temporary transfer of quotas between countries. The bill amends the Farm Security and Rural Investment Act of 2002 to repeal the Feedstock Flexibility Program for Bioenergy Producers, which requires USDA to purchase sugar from domestic processors and sell it to bioenergy producers for biofuel production.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Access and Affordability
Act''.
SEC. 2. EXPANSION OF HOPE AND LIFETIME LEARNING CREDITS.
(a) Increase in Per Student Limitation for Hope Scholarship
Credit.--
(1) In general.--Subparagraph (B) of section 25A(b)(1) of
the Internal Revenue Code of 1986 is amended by striking ``the
applicable limit'' and inserting ``$4,000''.
(2) Inflation adjustment.--Paragraph (1) of section 25A(h)
of such Code is amended by redesignating subparagraph (B) as
subparagraph (C) and by inserting after subparagraph (A) the
following new subparagraph:
``(B) $4,000 amount.--In the case of a taxable year
beginning after 2005, the $4,000 amount contained in
subsection (b)(1)(B) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2004'
for `calendar year 1992' in subparagraph (B)
thereof.''.
(3) Conforming amendment.--Subsection (b) of section 25A of
such Code is amended by striking paragraph (4).
(b) Increase in Gross Income Limitation .--
(1) In general.--Clause (ii) of section 25A(d)(2)(A) of
such Code is amended by striking ``$40,000 ($80,000'' and
inserting ``$58,000 (twice such amount''.
(2) Inflation adjustment.--Subparagraph (A) of section
25A(h)(2) of such Code is amended to read as follows:
``(A) In general.--In the case of a taxable year
beginning after 2005, the $58,000 amount in subsection
(d)(2) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2004'
for `calendar year 1992' in subparagraph (B)
thereof.''.
(c) Hope Scholarship Credit Available for 4 Years.--Paragraph (2)
of section 25A(b) of such Code is amended by striking ``2'' each place
it appears in subparagraphs (A) and (C) and inserting ``4''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES.
Section 428K (20 U.S.C. 1078-11) is amended to read as follows:
``SEC. 428K. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES.
``(a) Purposes.--The purposes of this section are--
``(1) to reduce the burden of student debt, particularly
for Americans who dedicate their careers to meeting certain
urgent national needs; and
``(2) to attract more excellent individuals into important
public service careers.
``(b) Loan Forgiveness.--
``(1) In general.--The Secretary shall assume the
obligation to repay, pursuant to subsection (c), a loan made
under section 428 or 428H, a Federal Direct Stafford Loan or
Federal Direct Unsubsidized Stafford Loan, a Federal Direct
Consolidation Loan, or a Federal Perkins Loan for any new
borrower after the date of enactment of the Higher Education
Amendments of 1998, who--
``(A) is employed full time in a qualified public
service position described in paragraph (2); and
``(B) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Qualified public service positions.--For purposes of
this section, an individual shall be treated as employed in a
qualified public service position if the individual is any of
the following:
``(A) Highly qualified teachers of mathematics,
science, and bilingual and special education and in
low-income communities.--An individual who--
``(i) is highly qualified as such term is
defined in section 9101 of the Elementary and
Secondary Education Act of 1965; and
``(ii)(I) has obtained employment as a
teacher for service in a public or nonprofit
private elementary or secondary school which is
in the school district of a local educational
agency which is eligible in such year for
assistance pursuant to title I of the
Elementary and Secondary Education Act of 1965,
and which for the purpose of this paragraph and
for that year has been determined by the
Secretary (pursuant to regulations and after
consultation with the State educational agency
of the State in which the school is located) to
be a school in which the enrollment of children
counted under section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965
exceeds 40 percent of the total enrollment of
that school; or
``(II) has obtained employment as a full-
time teacher of mathematics, science, or
bilingual or special education.
``(B) First responders in low-income communities.--
An individual who, as determined by the Secretary of
Education by regulation--
``(i) has obtained employment as a
firefighter, police officer, or emergency
medical technician; and
``(ii) serves a low-income community.
``(C) Nurses in low income communities.--An
individual who is an eligible nurse and has obtained
employment--
``(i)(I) in a clinical setting; or
``(II) as a member of the nursing faculty
at an accredited school of nursing (as those
terms are defined in section 801 of the Public
Health Service Act (42 U.S.C. 296)); and
``(ii) serves a low-income or needy
community.
``(D) Child welfare workers.--An individual who--
``(i) has completed a degree in social work
or related field with a focus on serving
children and families (as determined in
accordance with regulations prescribed by the
Secretary); and
``(ii) has obtained employment in public or
private child welfare services.
``(c) Loan Repayment.--
``(1) In general.--The Secretary shall assume the
obligation to repay a total of not more than $20,000 of
principal and interest as follows:
``(A) after each of the first or second years of
service by an individual in a qualified public service
position, 15 percent of the total amount of principal
and interest of the loans described in subsection
(b)(1) to such individual that are outstanding
immediately preceding such first year of such service;
``(B) after each of the third or fourth years of
such service, 20 percent of such total amount; and
``(C) after the fifth year of such service, 30
percent of such total amount.
``(2) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C or for a Federal Direct
Consolidation Loan may be a qualified loan amount for the
purposes of this subsection only to the extent that such loan
amount was used to repay a loan described in subsection (b)(1)
for a borrower who meets the requirements of subsection (b), as
determined in accordance with regulations prescribed by the
Secretary.
``(3) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under section 428 or 428H, a Federal Direct Stafford Loan
or Federal Direct Unsubsidized Stafford Loan, a Federal Direct
Loan, or a Federal Perkins Loan.
``(4) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan that accrues for such year
shall be repaid by the Secretary.
``(5) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(6) Ineligibility for double benefits.--No borrower may
receive a reduction of loan obligations under both this section
and section 428J or 460.
``(7) Continued eligibility of teachers.--Any teacher who
performs service in a school that--
``(A) meets the requirements of subsection
(b)(2)(A)(ii)(I) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection, may continue to teach
in such school and shall be eligible for loan
forgiveness pursuant to subsection (b).
``(d) Repayment to Eligible Lenders and Holders.--The Secretary
shall pay to each eligible lender or holder for each fiscal year an
amount equal to the aggregate amount of the lender's or holder's loans
that are subject to repayment pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each of the
consecutive years of qualifying service described in subsection
(c)(1). The borrower may elect to receive forbearance while
engaged in qualifying service described in subsection (c)(1)
unless the borrower is in deferment while so engaged.
``(f) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Definitions.--In this section:
``(1) Child welfare services.--The term `child welfare
services' has the meaning given the term in section 425 of the
Social Security Act.
``(2) Degree.--The term `degree' means an associate's or
bachelor's degree awarded by an institution of higher
education.
``(3) Eligible nurse.--The term `eligible nurse' means a
nurse who meets all of the following:
``(A) The nurse graduated from--
``(i) an accredited school of nursing (as
those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296));
``(ii) a nursing center; or
``(iii) an academic health center that
provides nurse training.
``(B) The nurse holds a valid and unrestricted
license to practice nursing in the State in which the
nurse practices in a clinical setting.
``(C) The nurse holds 1 or more of the following:
``(i) A graduate degree in nursing, or an
equivalent degree.
``(ii) A nursing degree from a collegiate
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(iii) A nursing degree from an associate
degree school of nursing (as defined in section
801 of the Public Health Service Act (42 U.S.C.
296)).
``(iv) A nursing degree from a diploma
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(4) Low-income community.--In this subsection, the term
`low-income community' means a community in which 70 percent of
households earn less than 85 percent of the State median
household income.
``(5) Year.--The term `year', where applied to service as a
teacher (or service as a member of an accredited school of
nursing (as those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296))), means an academic
year as defined by the Secretary.''.
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College Access and Affordability Act - Amends the Internal Revenue Code to: (1) increase to $4,000 the maximum amount of qualified tuition and related expenses eligible for the Hope Scholarship Credit and adjust such amount for inflation beginning in 2006; (2) increase to $58,000 the modified adjusted gross income threshold for determining reductions in the allowable amount of the Hope Scholarship Credit; and (3) increase from two to four the number of years a Hope Scholarship Credit may be claimed.
Amends the Higher Education Act of 1965 to provide for student loan forgiveness up to $20,000 for individuals in qualified public service positions who are not in default of their loan obligations. Defines "qualified public service positions" to include: (1) highly qualified teachers of mathematics, science, and bilingual and special education in low-income communities; (2) firefighters, police officers, or emergency medical technicians serving low-income communities; (3) nurses serving low-income communities; and (4) public or private child welfare workers.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Creation Economic Stimulus Act
of 2008''.
SEC. 2. ADOPTION OF THE HIGH PRODUCTIVITY INVESTMENT DEDUCTION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section 168
the following new section:
``SEC. 168A. HIGH PRODUCTIVITY INVESTMENT DEDUCTION.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any high productivity property as an expense not chargeable to
capital account. Any cost so treated shall be allowed as a deduction in
the taxable year in which the high productivity property is placed in
service.
``(b) Definition of High Productivity Property.--
``(1) In general.--Except as provided in paragraph (3), the
term `high productivity property' means any--
``(A) computer,
``(B) computer related peripheral equipment,
``(C) computer based machinery,
``(D) electronic diagnostic equipment,
``(E) electronic control equipment,
``(F) other electronic, electromechanical, laser or
computer based equipment,
``(G) computer software,
``(H) equipment used in the manufacture of
semiconductors,
``(I) high technology medical equipment,
``(J) advanced technology communications equipment,
``(K) optical fiber and photonics equipment,
``(L) advanced environmental products,
``(M) advanced life science products, or
``(N) new high productivity assets.
``(2) Definitions.--For purposes of this subsection:
``(A) Computer.--The term `computer' means a
programmable electronically activated device which--
``(i) is capable of accepting information,
applying prescribed processes to the
information, and supplying the results of those
processes, and
``(ii) consists of a central processing
unit containing extensive storage, logic,
arithmetic and control capabilities.
``(B) Computer related peripheral equipment.--The
term `computer related peripheral equipment' means any
auxiliary machine or other equipment (whether on-line
or off-line) which is designed to be placed under the
control of the central processing unit of a computer
(as determined without regard to whether such machine
or equipment is an integral part of other property
which is not a computer).
``(C) Computer based machinery.--The term `computer
based machinery' means any machine which--
``(i) cuts, forms, shapes, drills, bores,
mixes, paints, seals, welds, or otherwise
transforms material, or
``(ii) handles, conveys, assembles, or
packages materials or products,
by responding to electronically stored information and
programmed commands.
``(D) Electronic diagnostic equipment.--The term
`electronic diagnostic equipment' means equipment that
uses electronic components to sense or monitor
location, size, volume, surface characteristics,
pressure, temperature, speed, chemical composition, or
other similar characteristics.
``(E) Electronic control equipment.--The term
`electronic control equipment' means equipment that
electronically controls pressure, temperature, size,
volume, composition purity or other similar
characteristics.
``(F) High technology medical equipment.--The term
`high technology medical equipment' means any
electronic, electromechanical, or computer-based high
technology equipment used in the screening, monitoring,
observation, diagnosis, or treatment of patients in a
laboratory, medical, or hospital environment.
``(G) Advanced technology communications
equipment.--The term `advanced technology
communications equipment' means equipment used in the
transmission or reception of voice, data, video,
paging, messaging, or other communications services
that are delivered using packet technology. A packet is
a unit of data, or sequence of binary digits, that is
routed between an origin and a destination on a packet-
switched network.
``(H) Optical fiber and photonics equipment.--The
term `optical fiber and photonics equipment' means
optical fiber and the equipment and materials used to
generate, manipulate and direct light particles over
such fiber.
``(I) Advanced environmental products.--The term
`advanced environmental product' means any high cell
density ceramic or other device used for the control of
nitrogen oxide and particulate emissions.
``(J) Advanced life sciences products.--The term
`advanced life sciences product' means any polymer,
ceramic or high-purity glass product used in biological
research.
``(K) New high productivity assets.--
``(i) In general.--The term `new high
productivity assets' means any asset utilizing
1 or more technological or scientific processes
which were not in common commercial use before
January 1, 2007.
``(ii) Determinations.--The Secretary shall
establish procedures pursuant to which
taxpayers can seek a public ruling that a
particular class of assets qualifies as new
high productivity assets. The procedures shall
require the Secretary to provide a
determination within 90 days of receipt of a
properly completed request for a public ruling.
``(3) Excluded property.--The term `high productivity
property' shall not include--
``(A) an entire car, locomotive, aircraft, ship or
other vehicle solely because the vehicle is controlled
in whole or part by a computer or other electronic
equipment,
``(B) any equipment of a kind used primarily for
entertainment or amusement of the user, and
``(C) typewriters, calculators, copiers,
duplication equipment, and other similar equipment.
``(c) Election.--An election under this section for any taxable
year shall--
``(1) be made on an asset by asset basis, and
``(2) be made on the taxpayer's return of the tax imposed
by this chapter for the taxable year.
``(d) Special Rules.--
``(1) Cost.--For purposes of this section, the cost of
property does not include so much of the basis of such property
as is determined by reference to the basis of other property
held at any time by the person acquiring such property.
``(2) Antichurning rules.--
``(A) In general.--This section shall not apply to
any property acquired by the taxpayer after December
31, 2007, if--
``(i) the property was owned or used at any
time during the period beginning on January 1,
2007, and ending on December 31, 2007, by the
taxpayer or a related person,
``(ii) the property was owned or used at
any time during the period described in clause
(i), and, as part of the transaction, the user
of the property does not change,
``(iii) the taxpayer leases such property
to a person (or a person related to such
person) who owned or used such property at any
time during the period described in clause (i),
or
``(iv) the property is acquired in a
transaction as part of which the user of such
property does not change and the property was
acquired from a person to which clause (ii) or
clause (iii) applies.
``(B) Applicable cost recovery rules.--Section 168
shall apply to any property to which this section does
not apply by reason of this paragraph.
``(C) Special rules.--For purposes of this
paragraph--
``(i) property shall not be treated as
owned before it is placed in service, and
``(ii) whether the user of a property
changes will be determined in accordance with
regulations prescribed by the Secretary.
``(3) Recapture in certain cases.--The Secretary shall, by
regulations, provide for the recapturing the benefit under any
deduction allowable under subsection (a) with respect to any
property which is not used predominantly in a trade or business
at any time.
``(4) Alternative depreciation system applies.--The
election under subsection (a) may not be made with respect to
property which at any time during the taxable year in which
such property is placed in service is--
``(A) described in paragraph (1) of section
168A(g), or
``(B) `listed property' `not predominantly used in
a qualified business use' as such terms apply for
purposes of paragraph (1) of 280F(b).
``(e) Termination.--This section shall only apply to property which
is--
``(1) acquired by the taxpayer after December 31, 2007, and
before January 1, 2009, but only if no written binding contract
for the acquisition was in effect before January 1, 2008, or
``(2)(A) acquired by the taxpayer pursuant to a written
binding contract which was entered into after December 31,
2007, and before January 1, 2009, and
``(B) placed in service in taxable years beginning after
December 31, 2009.''.
(b) Conforming Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding after
section 168 the following new item:
``Sec. 168A. High productivity investment deduction.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2007, with
respect to taxable years beginning after such date.
SEC. 3. 50 PERCENT ALLOWANCE FOR DEPRECIATION FOR CERTAIN PROPERTY
ACQUIRED DURING 2008.
(a) In General.--Paragraph (4) of section 168(k) of the Internal
Revenue Code of 1986 (relating to 50-percent bonus for certain
property) is amended--
(1) by striking ``May 5, 2003'' each place it appears and
inserting ``December 31, 2007'',
(2) by striking ``January 1, 2005'' each place it appears
and inserting ``January 1, 2009'',
(3) by striking ``May 6, 2003'' in subparagraph (B)(ii)(I)
and inserting ``January 1, 2008'',
(4) by striking ``January 1, 2006'' in subparagraph
(B)(iii) and inserting ``January 1, 2010'', and
(5) by striking ``of 30-percent bonus'' in the heading for
subparagraph (E).
(b) Repeal of Basis Limitation for Certain Property.--Subparagraph
(B) of section 168(k)(2) of such Code is amended by striking clause
(ii) and redesignating clause (iii) as clause (ii).
(c) Syndications.--Paragraph (4) of section 168(k) of such Code
(relating to 50-percent depreciation for certain property) is amended
by adding at the end the following:
``(F) Syndications.--For purposes of applying
paragraph (2)(A)(ii) by reason of this paragraph, if
property--
``(i) is treated as originally placed in
service after December 31, 2007, either
directly or by a lessor of such property or
pursuant to paragraph (2)(D)(ii), and
``(ii) is sold within 6 months after such
property is so placed in service,
such property shall be treated as originally placed in
service not earlier than the date of such sale.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service in taxable years beginning
after December 31, 2007.
(2) Exception for certain property.--The amendments made by
this section shall not apply to any property to which section
105 of the Gulf Opportunity Zone Act of 2005 applies.
SEC. 4. DEPRECIATION RULES NOT MODIFIED FOR PURPOSES OF ALTERNATIVE
MINIMUM TAX.
(a) Determination of Alternative Taxable Income.--Paragraph (1) of
section 56(a) of the Internal Revenue Code of 1986 (relating to
depreciation) is amended by adding at the end the following new
subparagraph:
``(E) Termination.--This paragraph shall not apply
to property placed in service in a taxable year
beginning in 2008 or 2009.''.
(b) Determination of Adjusted Current Earnings.--Subparagraph (A)
of section 56(g)(4) of such Code (relating to depreciation) is amended
by adding at the end the following new clause:
``(vi) Termination.--This subparagraph
shall not apply to property placed in service
in a taxable year beginning in 2008 or 2009.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2007, in taxable
years beginning after such date.
SEC. 5. LONG-TERM CONTRACT ACCOUNTING.
(a) In General.--Section 168(k)(2) of the Internal Revenue Code of
1986 is amended by adding after subparagraph (G) the following new
subparagraph:
``(H) Long-term contract accounting.--The
percentage of completion method under section 460 shall
be applied as if this subsection had not been
enacted.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after the date of the enactment of
this Act in taxable years ending after such date.
SEC. 6. LONG-TERM UNUSED CREDITS ALLOWED AGAINST MINIMUM TAX.
(a) In General.--Subsection (c) of section 53 of the Internal
Revenue Code of 1986 (relating to limitation) is amended by adding at
the end the following new paragraph:
``(2) Special rule for corporations with long-term unused
credits.--
``(A) In general.--If a corporation to which
section 56(g) applies has a long-term unused minimum
tax credit for a taxable year, the credit allowable
under subsection (a) for the taxable year shall not
exceed the greater of--
``(i) the limitation determined under
paragraph (1) for the taxable year, or
``(ii) the least of the following for the
taxable year:
``(I) The sum of the tax imposed by
section 55 and the regular tax reduced
by the sum of the credits allowed under
subparts A, B, D, E, and F of this
part.
``(II) The long-term unused minimum
tax credit.
``(III) The sum of--
``(aa) 50 percent of
qualified investment, plus
``(bb) the qualified
investment carryover to the
taxable year.
``(B) Long-term unused minimum tax credit.--For
purposes of this paragraph--
``(i) In general.--The long-term unused
minimum tax credit for any taxable year is the
portion of the minimum tax credit determined
under subsection (b) attributable to the
adjusted net minimum tax for taxable years
beginning after 1986 and ending before the 3rd
taxable year immediately preceding the taxable
year for which the determination is being made.
``(ii) First-in, first-out ordering rule.--
For purposes of clause (i), credits shall be
treated as allowed under subsection (a) on a
first-in, first-out basis.
``(C) Qualified investment and qualified investment
carryover.--For purposes of this paragraph--
``(i) Qualified investment.--Qualified
investment is property described in section
1245(a)(3) placed in service in the taxable
year.
``(ii) Qualified investment carryover.--The
qualified investment carryover is the amount by
which 50 percent of qualified investment
exceeds the amount of tax in paragraph
(2)(A)(ii)(I). The qualified investment
carryover may be carried only to the first
taxable year following the current year.
``(D) Termination.--Subparagraph (A) shall not
apply to any taxable year beginning after December 31,
2008.''.
(b) Conforming Amendments.--Section 53(c) of such Code is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively.
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Job Creation Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to allow the expensing of the cost of certain high productivity property placed in service in 2008, including computer and computer-related peripheral equipment, electronic equipment, software, high technology medical equipment, and advanced environmental and life science products.
Allow a 50% depreciation allowance for certain business equipment acquired in 2008.
Exempts acclerated depreciation amounts related to properties placed in service in 2008 or 2009 from adjustments in computing alternative minimum taxable income.
Allows an offset in 2008 against the alternative minimum tax liability of corporations for their long-term unused tax credits.
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Make a summary of the following text: SECTION 1. PILOT PROGRAM ON ASSISTING VETERANS ORGANIZATIONS IN
FACILITATING COMMUNITY REINTEGRATION OF VETERANS.
(a) Program Required.--
(1) In general.--The Secretary of Veterans Affairs shall
carry out a pilot program to demonstrate and assess the
feasibility and advisability of delivering community
reintegration support and services to veterans by assisting
veterans organizations in developing and promoting peer support
programs for veterans.
(2) Designation.--The pilot program required by paragraph
(1) shall be known as the ``Heroes Helping Heroes Program''.
(b) Duration of Program.--The pilot program shall be carried out
during the three-year period beginning on October 1, 2007.
(c) Selection of Pilot Program Participants.--
(1) In general.--The Secretary shall select not more than
20 eligible entities to participate in the pilot program.
(2) Application.--Each eligible entity seeking to
participate in the pilot program shall submit an application to
the Secretary at such time, in such manner, and accompanied by
such information as the Secretary shall require.
(3) Selection.--The Secretary shall select participants in
the pilot program from among the applicants under paragraph (1)
that the Secretary determines--
(A)(i) have existing peer support programs that can
be expanded or enhanced, and resources, for the
delivery of community reintegration support and
services to veterans (including mentoring programs,
self-help groups, and Internet and other electronic-
based peer support resources) that are suitable for the
pilot program; or
(ii) have the capacity, including the skill and
resources necessary, to develop and maintain new peer
support programs for the delivery of community
reintegration support and services (including mentoring
programs, self-help groups, and Internet and other
electronic-based peer support resources) that are
suitable for the pilot program; and
(B) have a plan to continue such peer support
programs after the pilot program ends.
(d) Grants.--
(1) In general.--The Secretary shall award grants to pilot
program participants to develop and promote peer support
programs that deliver community reintegration support and
services for veterans.
(2) Amount.--The Secretary shall ensure that the average
amount of the grant awarded under paragraph (1) to a pilot
program participant is not more than $300,000 and not less than
$100,000 per fiscal year.
(3) Matching funds.--A recipient of a grant under paragraph
(1) shall contribute towards the development and promotion of
peer support programs that deliver community reintegration
support and services to veterans an amount equal to not less
than ten percent of the grant awarded to such recipient.
(4) Duration.--The duration of any grant awarded under
paragraph (1) may not exceed three years.
(e) Use of Funds.--A grant awarded to a pilot program participant
pursuant to subsection (d) shall be used by the pilot program
participant for costs and expenses connected with the development and
promotion of peer support programs that deliver community reintegration
support and services to veterans, including costs and expenses of the
following:
(1) Program staff or a coordinator of volunteers, but not
more than 50 percent of such grant award may be used for such
purpose in any fiscal year of such pilot program.
(2) Consultation services, but not more than 20 percent of
such grant award may be used for such purpose in any fiscal
year of such pilot program.
(3) Program operations, including costs and expenses
relating to the following:
(A) Advertising and recruiting.
(B) Printing.
(C) Training of volunteers, veterans, and staff.
(D) Incentives, such as food and awards.
(E) Overhead expenses, but not more than ten
percent of such grant award may be used for such
purposes.
(f) Technical Assistance.--In addition to the award of grants under
subsection (d), the Secretary shall provide technical assistance to
pilot program participants to assist them in developing and promoting
peer support programs that deliver community reintegration support and
services to veterans.
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a veterans service organization;
(B) a not-for-profit organization--
(i) the primary mission of which is to
assist veterans;
(ii) that has been in continuous operation
for at least 12 months; and
(iii) is not a veterans service
organization; or
(C) a partnership between an organization described
in subparagraph (A) or (B) and an organization that is
not described in subparagraph (A) or (B).
(2) Pilot program participant.--The term ``pilot program
participant'' means an eligible entity that is selected by the
Secretary, in accordance with subsection (c), to participate in
the pilot program under this section.
(3) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary for the representation of veterans under section 5902
of title 38, United States Code.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Veterans Affairs to carry out this
section, $4,500,000 for each of fiscal years 2008, 2009, and 2010.
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Directs the Secretary of Veterans Affairs to carry out a three-year pilot program on the feasibility and advisability of delivering community reintegration support and services to veterans by assisting veterans organizations in developing and promoting veterans peer support. Designates the pilot program as the "Heroes Helping Heroes Program." Requires the Secretary to select up to 20 program participants, and to award grants to such participants in amounts from $100,000 to $300,000 per fiscal year. Requires grant recipients to contribute at least 10% of the grant funds awarded.
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Change the following text into a summary: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Civil Rights and
Employee Investigation Clarification Act''.
(b) Findings.--The Congress finds as follows:
(1) The Fair Credit Reporting Act, as interpreted by the
Federal Trade Commission, impedes investigations of workplace
misconduct.
(2) The Fair Credit Reporting Act undermines the ability of
employers to use experienced outside organizations or
individuals to investigate allegations of drug use or sales,
violence, sexual harassment, other types of harassment,
employment discrimination, job safety and health violations, as
well as criminal activity, including theft, fraud,
embezzlement, sabotage or arson, patient or elder abuse, child
abuse, and other types of misconduct related to employment.
(3) Employers have been advised by agencies and the courts
to utilize such experienced outside organizations and
individuals in many cases to assure compliance with civil
rights laws and other laws, as well as written workplace
policies.
(4) Employees and consumers are put at risk because the
Fair Credit Reporting Act frustrates or impedes employers in
their efforts to maintain a safe and productive workforce.
(5) The Fair Credit Reporting Act should not chill the use
of experienced outside organizations or individuals to assist
employers in their investigations of workplace misconduct or
misbehavior by potentially subjecting those employers to
additional liabilities or damages.
SEC. 2. CERTAIN COMMUNICATIONS EXCLUDED FROM DEFINITION OF CONSUMER
REPORT.
(a) Amendment to Definition of Consumer Report.--Section
603(d)(2)(D) of the Fair Credit Reporting Act (15 U.S.C.
1681a(d)(2)(D)) is amended by inserting ``or (q)'' after ``subsection
(o)''.
(b) Amendment Relating to Employment Investigation Reports.--
Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is
amended by adding at the end the following new subsection:
``(q) Exclusion of Certain Communications.--
``(1) Self-regulatory organization defined.--For purposes
of this subsection, the term `self-regulatory organization'
includes any self-regulatory organization (as defined in
section 3(a)(26) of the Securities Exchange Act of 1934), any
entity established under Title I of the Sarbanes-Oxley Act of
2002, any board of trade designated by the Commodity Futures
Trading Commission, and any futures association registered with
such Commission.
``(2) Communications described in this subsection.--A
communication is described in this subsection if--
``(A) but for subsection (d)(2)(D), the
communication would be a consumer report;
``(B) the communication is made to an employer in
connection with an investigation of--
``(i) suspected misconduct relating to
employment; or
``(ii) compliance with Federal, State, or
local laws and regulations, the rules of a
self-regulatory organization, or any
preexisting written policies of the employer;
``(C) the communication is not made for the purpose
of investigating a consumer's credit worthiness, credit
standing, or credit capacity; and
``(D) the communication is not provided to any
person except--
``(i) to the employer or an agent of the
employer;
``(ii) to any Federal or State officer,
agency, or department, or any officer, agency,
or department of a unit of general local
government;
``(iii) to any self-regulatory organization
with regulatory authority over the activities
of the employer or employee;
``(iv) as otherwise required by law; or
``(v) pursuant to section 608.
``(3) Subsequent disclosure.--After taking any adverse
action based in whole or in part on a communication described
in paragraph (2), the employer shall disclose to the consumer a
summary containing the nature and substance of the
communication upon which the adverse action is based, except
that the sources of information acquired solely for use in
preparing what would be but for subsection (d)(2)(D) an
investigative consumer report need not be disclosed.''.
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Civil Rights and Employee Investigation Clarification Act - Amends the Fair Credit Reporting Act to exclude from its disclosure requirements certain communications: (1) made in connection with an employer's investigation of employee workplace misconduct, or of compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any pre-existing written policies of the employer; (2) not made for the purpose of investigating a consumer's credit worthiness, credit standing, or credit capacity; and (3) not provided to any person except the employer (or employer's agent), any Federal, State, or local officer, agency, or department, any self-regulatory organization with regulatory authority over the employer's or employee's activities, or as otherwise required by law.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Revolving Funds for Schools
Act''.
SEC. 2. STATE REVOLVING FUND PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of Education may enter into
cooperative agreements with States for the establishment of
State revolving funds and multistate revolving funds for making
loans to local political subdivisions or local educational
agencies for building or repairing elementary or secondary
schools which provide free public education.
(2) Interstate compacts.--2 or more States may enter into a
cooperative agreement under paragraph (1) with the Secretary
for the establishment of a multistate revolving fund, to enter
into an interstate compact establishing such fund in accordance
with this section.
(b) Funding.--The Secretary shall make grants to State revolving
funds and multistate revolving funds in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section to local political subdivisions or local
educational agencies. Each fund shall apply repayments of principal and
interest on loans to the making of additional loans. The Secretary
shall take final action on an application for a grant under this
subsection within 90 days of the date of the submittal of such
application.
(c) Revolving Fund Requirements.--In order to establish a revolving
fund under this section, each State establishing the fund shall--
(1) meet the matching requirement described in subsection
(d);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the fund will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the fund;
(5) ensure that any loan from the fund will bear interest
at or below the lowest interest rates being offered for bonds
the income from which is exempt from Federal taxation, as
determined by the State;
(6) ensure that repayment of any loan from the fund will
commence not later than 1 year after the project has been
completed;
(7) ensure that the term for repaying any loan will not
exceed the projected useful life of the project that is the
subject of the loan; and
(8) require the fund to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Matching Requirement.--In order to meet the matching
requirement, each State establishing a revolving fund shall--
(1) contribute, at a minimum, in each account of the fund
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the fund under subsection (b); or
(2) require for any project financed from the fund that the
local political subdivision or educational agency contribute at
least 20 percent of the cost of such project from non-Federal
sources.
(e) Forms of Assistance From Revolving Funds.--
(1) In general.--A revolving fund established under this
section may make loans to a local educational agency in an
amount equal to all or part of the cost of carrying out a
project eligible for assistance under this section. In the case
of a project which meets the requirement of subsection (d)(2),
a revolving fund established under this section may make loans
to a local educational agency in an amount equal to up to 80
percent of the cost of carrying out a project eligible for
assistance under this section.
(2) Applications for loans.--An application to a revolving
fund by a local educational agency for a loan shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements; and
(D) such other information as the revolving fund
may require.
A revolving fund shall take final action on a completed
application submitted to it within 90 days after the date of
its submittal.
(3) Criteria for loans.--In considering applications for a
loan, a revolving fund shall consider--
(A) the extent to which the local educational
agency involved lacks the fiscal capacity, including
the ability to raise funds through the full use of such
agency's bonding capacity and otherwise, to undertake
the project for which the loan would be used without
the loan;
(B) the threat that the condition of the physical
plant in the project poses to the safety and well-being
of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project; and
(D) the age of such facility.
(f) Qualifying Projects.--A project is eligible for a loan from a
revolving fund if it is a project that consists of--
(1) the construction of new elementary or secondary schools
to meet the needs imposed by enrollment growth;
(2) the repair or upgrading of classrooms or structures
related to academic learning, including the repair of leaking
roofs, crumbling walls, inadequate plumbing, poor ventilation
equipment, and inadequate heating or light equipment;
(3) an activity to increase physical safety at the
educational facility involved;
(4) an activity to enhance the educational facility
involved to provide access for students, teachers, and other
individuals with disabilities;
(5) an activity to address environmental hazards at the
educational facility involved, such as poor ventilation, indoor
air quality, or lighting;
(6) the provision of basic infrastructure that facilitates
educational technology, such as communications outlets,
electrical systems, power outlets, or a communication closet;
(7) work that will bring an educational facility into
conformity with the requirements of--
(A) environmental protection or health and safety
programs mandated by Federal, State, or local law if
such requirements were not in effect when the facility
was initially constructed; and
(B) hazardous waste disposal, treatment, and
storage requirements mandated by the Resource
Conservation and Recovery Act of 1976 or similar State
laws; and
(8) work to detect, remove, or otherwise contain asbestos
hazards in educational facilities.
(g) Loan Forgiveness.--A State may forgive all or part of any loan
described in this section if the total projected principal and interest
repayments for all loans granted by the State and not forgiven under
this subsection equal or exceed the combined total of all Federal
capitalization grants provided to the State and any matching funds
described in subsection (d)(1) provided by the State.
(h) Supplementation.--Any loan made by a revolving fund shall be
used to supplement and not supplant other Federal, State, and local
funds available.
(i) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from a revolving fund under this
section may not be credited toward the non-Federal share of the cost of
any project.
(j) Secretarial Requirements.--In administering this section, the
Secretary shall specify procedures and guidelines for establishing,
operating, and providing assistance from a revolving fund.
(k) United States Not Obligated.--The contribution of Federal funds
into a revolving fund established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
revolving fund shall expressly state that the security or instrument
does not constitute a commitment, guarantee, or obligation of the
United States.
(l) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(m) Program Administration.--For each of fiscal years 2002 through
2006, a State may expend an amount not to exceed 2 percent of the
Federal funds contributed to a revolving fund established by the State
under this section to pay the reasonable costs of administering the
fund.
(n) Secretarial Review.--The Secretary shall review the financial
condition of each revolving fund established under this section
biennially and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(o) Authorization of Appropriations.--For grants to States for the
initial capitalization of revolving funds there are authorized to be
appropriated $1,000,000,000 for fiscal year 2002 and for each of the 4
succeeding fiscal years.
SEC. 3. DEFINITIONS.
The terms used in this Act shall have the meaning given such terms
in section 14101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801).
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State Revolving Funds for Schools Act - Establishes a pilot program of State revolving funds for school construction.Authorizes the Secretary of Education to enter into cooperative agreements with States for the establishment of State revolving funds and multistate revolving funds for making loans to local political subdivisions or local educational agencies for building or repairing public elementary or secondary schools.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern New Mexico Rural Water
System Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Entrada Aquifer and the Southern High Plains
(Ogallala) Aquifer--
(A) provide 100 percent of the municipal and
industrial water supplies for communities in East
Central New Mexico; and
(B) serve a large majority of the agricultural
water users in East Central New Mexico;
(2) the Entrada and Southern High Plains Aquifers are
declining in quantity and deteriorating in quality;
(3) despite voluntary conservation efforts and improvements
in agricultural water use efficiencies, current estimates
indicate that present levels of groundwater use in some areas
of eastern New Mexico are not sustainable beyond 12 to 25 years
after the date of enactment of this Act;
(4) in 1959, the State of New Mexico began construction of
the Ute Dam and Reservoir on the Canadian River to develop a
long-term sustainable water supply for eastern New Mexico;
(5) section 2 of Public Law 89-561 (80 Stat. 711)
authorized the development of a feasibility study for a water
supply project in eastern New Mexico;
(6) since the feasibility study was authorized, a number of
studies have been completed as part of the feasibility study
process, including a 1994 study by the New Mexico Interstate
Stream Commission estimating the firm annual yield of water
from Ute Reservoir at 24,000 acre-feet per year;
(7) in March 1997, the New Mexico Interstate Stream
Commission and the Ute Water Commission entered into an
agreement for the purchase of 24,000 acre-feet of water per
year for beneficial consumptive use in eastern New Mexico;
(8) the Eastern New Mexico Rural Water Authority was
established to plan, finance, develop, and operate the Eastern
New Mexico Rural Water System;
(9) the conceptual design report for the Eastern New Mexico
Rural Water System--
(A) was finalized in August 2003;
(B) incorporates a Bureau of Reclamation
willingness and ability to pay report prepared in
August 2002; and
(C) was subject to a peer review process that
resulted in a supplement to the conceptual design
report, the Eastern New Mexico Rural Water System
Conceptual Design Peer Review Final Report (December
2003);
(10) the State of New Mexico--
(A) strongly supports the development of the
Eastern New Mexico Rural Water System; and
(B) has appropriated amounts to the New Mexico
Water Trust Fund to assist communities in eastern New
Mexico in securing the financial resources necessary to
provide an acceptable cost share for development of the
system; and
(11) completion of the Eastern New Mexico Rural Water
System would provide Quay, Roosevelt, and Curry Counties in the
State of New Mexico with a long-term reliable and renewable
source of water that would--
(A) sustain current economic activity; and
(B) support future economic development and growth
in the region.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to provide financial and technical assistance to the
Eastern New Mexico Rural Water Authority to plan, design, and construct
the Eastern New Mexico Rural Water System to provide a long-term
reliable and renewable source of water to communities in eastern New
Mexico.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under State
law for the purposes of planning, financing, developing, and
operating the System.
(2) Conceptual design report.--The term ``Conceptual Design
Report'' means the Eastern New Mexico Rural Water System final
report dated August, 2003, as supplemented by the Eastern New
Mexico Rural Water System Conceptual Design Peer Review Final
Report (December 2003).
(3) Logan sewer project.--The term ``Logan sewer project''
means the project to improve the water quality in Ute
Reservoir, as described in the Village of Logan Wastewater
System Preliminary Engineering Report (November 2003).
(4) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by section 5(b)(1).
(5) Portales energy recovery system.--The term ``Portales
energy recovery system'' means the infrastructure to reduce
pressure in the water system and generate useable power, as
described in the Eastern New Mexico Rural Water System
Conceptual Design Peer Review Final Report (December 2003).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New
Mexico.
(8) System.--
(A) In general.--The term ``System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 24,000 acre-
feet of water per year from the Ute Reservoir to
communities located in Quay, Roosevelt, and Curry
Counties in eastern New Mexico, as described in the
Conceptual Design Report.
(B) Inclusions.--The term ``System'' includes--
(i) the Logan sewer project;
(ii) the Tucumcari advanced wastewater
treatment facility; and
(iii) the Portales energy recovery system.
(9) Tucumcari advanced wastewater treatment facility.--The
term ``Tucumcari advanced wastewater treatment facility'' means
the project to improve the water quality in the Ute Reservoir,
as described in the Eastern New Mexico Rural Water System
Conceptual Design Peer Review Final Report (December 2003).
(10) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.
SEC. 4. EASTERN NEW MEXICO RURAL WATER SYSTEM.
(a) Financial Assistance.--
(1) In general.--The Secretary may provide financial
assistance to the Authority to assist in planning, designing,
conducting related preconstruction activities for, and
constructing the System.
(2) Use.--
(A) In general.--Any financial assistance provided
under paragraph (1) shall be obligated and expended
only in accordance with a cooperative agreement entered
into under section 6(a)(2).
(B) Limitations.--Financial assistance provided
under paragraph (1) shall not be used--
(i) for any activity that is inconsistent
with developing the facilities described in the
Conceptual Design Report, including development
of the Logan sewer project; and
(ii) to plan or construct facilities used
to supply water to supply irrigation for
agricultural purposes.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this Act shall be 80 percent of the total cost
of the System.
(2) System development costs.--For purposes of paragraph
(1), the total cost of the System shall include any costs
incurred by the Authority on or after October 1, 2003, for the
development of the System.
(c) Limitation.--No amounts made available under this Act may be
used for the construction of the System until--
(1) a plan is developed under section 5(b); and
(2) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(d) Title to Project Works.--Title to the infrastructure of the
System shall be held by the Authority, the Town of Logan, New Mexico,
the City of Tucumcari, New Mexico, or as may otherwise be specified
under State law.
SEC. 5. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--The Authority shall be responsible for the annual
operation, maintenance, and replacement costs associated with the
System.
(b) Operation, Maintenance, and Replacement Plan.--
(1) In general.--The Authority, in consultation with the
Secretary, shall develop an operation, maintenance, and
replacement plan that establishes the rates and fees for
beneficiaries of the System in the amount necessary to ensure
that the System is properly maintained and capable of
delivering the quantities of water described in the Conceptual
Design Report.
(2) Modifications.--The allocation of water to the
communities specified in the Conceptual Design Report may be
modified to adjust the rates and fees in a manner that ensures
that the purposes of the plan are addressed.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this Act.
(2) Cooperative agreement for provision of financial
assistance.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance or any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(B) Requirements.--The cooperative agreement
entered into under subparagraph (A) shall, at a
minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share
requirements established by section 4(b) are
met;
(ii) completing the planning and final
design of the System;
(iii) any environmental and cultural
resource compliance activities required for the
System; and
(iv) the construction of the System.
(b) Technical Assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance that is
necessary to assist the Authority in planning, designing, constructing,
and operating the System.
(c) Effect.--Nothing in this Act--
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(A) the water of a stream; or
(B) any groundwater resource.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $250,000,000 for the period of fiscal
years 2005 through 2016.
(b) Adjustments.--
(1) In general.--The amount authorized under subsection (a)
shall be adjusted as necessary to account for increases in
development costs after the date of enactment of this Act, as
determined using appropriate engineering cost indices (as
determined by the Secretary).
(2) Allocation.--The Federal share and non-Federal share of
the cost increases determined under paragraph (1) shall be
allocated in accordance with the cost-sharing requirements
established by section 4(b).
(c) Nonreimbursable Amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under section
4(b) shall be nonreimbursable and nonreturnable to the United States.
(d) Availability of Funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this Act shall be retained
for use in future fiscal years consistent with the purposes of this
Act.
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Eastern New Mexico Rural Water System Act of 2004 - Authorizes the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting pre-construction activities for, and constructing, the Eastern New Mexico Rural Water System (a water delivery project designed to deliver approximately 24,000 acre-feet of water per year from the Ute Reservoir to communities located in Quay, Roosevelt, and Curry Counties in eastern New Mexico).
Prohibits assistance from being used: (1) for any activity that is inconsistent with developing the facilities described in the Conceptual Design Report (the System's final report dated August, 2003, as supplemented by the Eastern New Mexico Rural Water System Conceptual Design Peer Review Final Report dated December 2003), including development of the Logan sewer project described in the Village of Logan Wastewater System Preliminary Engineering Report dated November 2003; and (2) to plan or construct facilities used to supply water to supply irrigation for agricultural purposes.
Sets the Federal cost share at 80 percent. Makes the Authority responsible for the System's annual operation, maintenance, and replacement costs. Directs the Secretary to enter into a cooperative agreement with the Authority to provide specified financial or other assistance requested by the Authority.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Land Management Foundation
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Board.--The term ``Board'' means the Board or Directors
of the Foundation.
(2) Foundation.--The term ``Foundation'' means the Bureau
of Land Management Foundation established by this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ESTABLISHMENT AND PURPOSES.
(a) Establishment.--There is established the Bureau of Land
Management Foundation as a charitable and nonprofit corporation that
shall not be considered an agency or establishment of the United
States.
(b) Purposes.--The purposes of the Foundation are to--
(1) encourage, accept, and administer private gifts of
money and of real and personal property for the benefit of, or
in connection with the activities and services of, the Bureau
of Land Management;
(2) undertake and conduct activities that further the
purposes for which public lands are administered; and
(3) undertake, conduct, and encourage educational,
technical, scientific, and other assistance or activities that
support the mission of the Bureau of Land Management.
SEC. 4. BOARD OF DIRECTORS.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors, which shall consist of no more than 9
members, each of whom shall be a United States citizen.
(2) Requirements of members.--A majority of members of the
Board shall have education or experience in natural, cultural,
conservation, or other resource management, law, or research
and, to the extent practicable, members of the Board shall
represent diverse points of view.
(3) Ex-officio member.--The Director of the Bureau of Land
Management shall be an ex-officio nonvoting member of the
Board.
(b) Appointment and Terms.--
(1) Initial appointment.--Not later than one year after the
date of the enactment of this Act, the Secretary shall appoint
the members of the Board who, except as otherwise provided in
paragraph (2), shall be appointed for terms of 6 years.
(2) Staggered appointments.--The Secretary shall stagger
the initial appointments to the Board, as determined to be
appropriate by the Secretary, so that--
(A) one-third of the members serve a term of 2
years;
(B) one-third of the members serve a term of 4
years; and
(C) one-third of the members serve a term of 6
years.
(3) Vacancy.--A vacancy on the Board shall be--
(A) filled not later than 60 days after vacancy
occurs in the manner of which the original appointment
was made; and
(B) for the balance of the term of the individual
who was replaced.
(4) Removal.--A member of the Board may be removed from the
Board by a majority vote of the Board if the individual misses
3 consecutive regularly scheduled meetings and the vacancy
shall be filled in accordance with paragraph (3).
(5) Term limit.--In no case shall an individual serve more
than 12 consecutive years on the Board.
(c) Chairman.--The Chairman--
(1) shall be elected by the Board from its members for a 2-
year term; and
(2) may be re-elected to the post while serving as a member
of the Board.
(d) Quorum.--A majority of the current voting membership of the
Board shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairman at
least once a year.
(f) Reimbursement of Expenses.--Serving as a Member of the Board
shall not constitute employment by the United States Government for any
purpose. Members shall serve without pay other than reimbursement for
the actual and necessary traveling and subsistence expenses incurred in
the performance of their duties for the Foundation in accordance with
section 5703 of title 5, United States Code.
(g) General Powers.--The Board may complete the organization of the
Foundation by appointing offices and employees, adopting a constitution
and bylaws consistent with the purposes of the Foundation and this Act,
and undertaking other such acts as may be necessary to function and to
carry out the provisions of this title.
(h) Officers and Employees.--Officers and employees of the
Foundation may not be appointed until the Foundation has sufficient
funds to pay them for their service. Appointment as an officer or
employee of the Foundation shall not constitute employment by the
United States.
(i) Limitation and Conflicts of Interest.--
(1) Prohibition on political campaign activity.--The
Foundation shall not participate or intervene in a political
campaign on behalf of any candidate for public office.
(2) Conflict of interest.--No member of the Board, officer,
or employee of the Foundation shall participate, directly or
indirectly, in the consideration or determination of any
question before the Foundation affecting--
(A) the financial interests of the member of the
Board, officer, or employee; or
(B) the interests of any corporation partnership,
entity, or organization in which such member of the
Board, officer, or employee--
(i) is an officer, director, or trustee; or
(ii) has any direct or indirect financial
interest.
SEC. 5. POWERS AND OBLIGATIONS.
(a) In General.--The Foundation--
(1) shall have perpetual succession; and
(2) may conduct business throughout the several States,
territories, and possessions of the United States.
(b) Notice and Service of Process.--The Foundation shall at all
times maintain a designated agent in the District of Columbia
authorized to accept service of process for the Foundation. The serving
of notice to, or service of process upon, the agent required under this
subsection, or mailed to the business address of such agent, shall be
deemed as service upon or notice to the Foundation.
(c) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(d) Powers.--In addition to powers otherwise authorized under this
Act, to carry out its purposes, the Foundation shall have the usual
powers of a not-for-profit corporation in the District of Columbia,
including the power to--
(1) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, either absolutely or in trust, of
real or personal property or any income therefrom or other
interest therein;
(2) acquire by donation, gift, devise, purchase or
exchange, and dispose of any real or personal property or
interest therein;
(3) sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom unless
limited by the instrument of transfer;
(4) borrow money and issue bonds, debentures, or other debt
instruments;
(5) sue and be sued, and complain and defend itself in any
court of competent jurisdiction, except that the Directors of
the Board shall not be personally liable, except for gross
negligence;
(6) enter into contracts or other arrangements with public
agencies, private organizations, and persons and to make such
payments as may be necessary to carry out the purposes thereof;
and
(7) do any and all acts necessary and proper to carry out
the purposes of the Foundation.
(e) Real Property.--
(1) Title and interest.--For the purposes of this Act, an
interest in real property shall be treated as including mineral
and water rights, rights of way, and easements, appurtenant or
in gross.
(2) Acceptance of real property.--A gift, devise, or
bequest of real property may be accepted by the Foundation even
though it is encumbered, restricted, or subject to beneficial
interests of private persons if any current or future interest
therein is for the benefit of the Foundation.
(3) Refusal of real property.--The Foundation may, in its
discretion, decline any gift, devise, or bequest of real
property.
(4) Condemnation prohibited.--No lands or waters, or
interests therein, that are owned by the Foundation shall be
subject to condemnation by any State or political subdivision,
or any agent of instrumentality thereof.
SEC. 6. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Establishment Support.--For the purposes of assisting the
Foundation in establishing an office and meeting initial
administrative, project, and other expenses, the Secretary is
authorized to provide to the Foundation $3,000,000 for fiscal year
2016, $2,000,000 for fiscal years 2017, 2018, and 2019, and $1,000,000
for fiscal year 2020. Such funds shall remain available to the
Foundation until they are expended for authorized purposes.
(b) Administrative Expenses.--The Secretary may provide personnel,
facilities, equipment, and other administrative services to the
Foundation with such limitations and on such terms and conditions as
the Secretary shall establish. The Foundation may reimburse the
Secretary for any support provided under this subsection, in whole or
in part, and any reimbursement received by the Secretary under this
subsection shall be deposited into the Treasury to the credit of the
appropriations then current and chargeable for the cost of providing
the services.
SEC. 7. VOLUNTEERS.
The Secretary may accept, without regard to the civil service
classification laws, rules, and regulations, the services of the
Foundation, the Board, and the offices or employees or agents of the
Foundation, without compensation from the Department of the Interior,
as volunteers for the performance of the functions under section 307(d)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1737(d)).
SEC. 8. AUDITS AND REPORTS REQUIREMENTS.
(a) Audits.--For purposes of the Act entitled ``An Act for audit of
accounts of private corporations established under Federal law'',
approved August 30, 1964 (36 U.S.C. 1101 through 1103), the Foundation
shall be treated as a private corporation established under Federal
law.
(b) Annual Report.--The Foundation shall transmit at the end of
each fiscal year a report to Congress of its proceedings and activities
during that year, including a full and complete statement of its
receipts, expenditures, and investments.
SEC. 9. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults,
acts, or omissions of the Foundation, nor shall the full faith and
credit of the United States extend to any obligations of the
Foundation.
SEC. 10. LIMITATION ON AUTHORITY.
Nothing in this Act authorizes the Foundation to perform any
function the authority for which is provided to the Bureau of Land
Management under any other provision of law.
SEC. 11. LIMITATION ON USE OF FUNDS.
Amounts provided as a grant by the Foundation shall not be used
for--
(1) any expense related to litigation; or
(2) any activity the purpose of which is to influence
legislation pending before Congress.
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Bureau of Land Management Foundation Act This bill establishes a Bureau of Land Management Foundation as a charitable, nonprofit corporation to: encourage, accept, and administer private gifts of money and of real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management (BLM); conduct activities that further the purposes for which public lands are administered; and conduct and encourage educational, technical, scientific, and other assistance or activities that support the BLM's mission.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commemorative Coin Authorization and
Reform Act of 1995''.
TITLE I--COMMEMORATIVE COIN PROGRAM REFORM
SEC. 101. RECOVERY OF MINT EXPENSES REQUIRED BEFORE PAYMENT OF
SURCHARGES TO ANY RECIPIENT ORGANIZATION.
(a) Clarification of Law Relating to Deposit of Surcharges in the
Numismatic Public Enterprise Fund.--Section 5134(c)(2) of title 31,
United States Code, is amended by inserting ``, including amounts
attributable to any surcharge imposed with respect to the sale of any
numismatic item'' before the period.
(b) Conditions on Payment of Surcharges to Recipient
Organizations.--Section 5134 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(f) Conditions on Payment of Surcharges to Recipient
Organizations.--
``(1) Payment of surcharges.--Notwithstanding any other
provision of law, no amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic item shall be
paid from the fund to any designated recipient organization
unless--
``(A) all numismatic operation and program costs
allocable to the program under which such numismatic
item is produced and sold have been recovered; and
``(B) the designated recipient organization submits
an audited financial statement which demonstrates to
the satisfaction of the Secretary of the Treasury that,
with respect to all projects or purposes for which the
proceeds of such surcharge may be used, the
organization has raised funds from private sources for
such projects and purposes in an amount which is equal
to or greater than the maximum amount the organization
may receive from the proceeds of such surcharge.
``(2) Annual audits.--
``(A) Annual audits of recipients required.--Each
designated recipient organization which receives any
payment from the fund of any amount derived from the
proceeds of any surcharge imposed on the sale of any
numismatic item shall provide, as a condition for
receiving any such amount, for an annual audit, in
accordance with generally accepted government auditing
standards by an independent public accountant selected
by the organization, of all such payments to the
organization beginning in the first fiscal year of the
organization in which any such amount is received and
continuing until all amounts received by such
organization from the fund with respect to such
surcharges are fully expended or placed in trust.
``(B) Minimum requirements for annual audits.--At a
minimum, each audit of a designated recipient
organization pursuant to subparagraph (A) shall
report--
``(i) the amount of payments received by
the designated recipient organization from the
fund during the fiscal year of the organization
for which the audit is conducted which are
derived from the proceeds of any surcharge
imposed on the sale of any numismatic item;
``(ii) the amount expended by the
designated recipient organization from the
proceeds of such surcharges during the fiscal
year of the organization for which the audit is
conducted; and
``(iii) whether all expenditures by the
designated recipient organization during the
fiscal year of the organization for which the
audit is conducted from the proceeds of such
surcharges were for authorized purposes.
``(C) Responsibility of organization to account for
expenditures of surcharges.--Each designated recipient
organization which receives any payment from the fund
of any amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic item
shall take appropriate steps, as a condition for
receiving any such payment, to ensure that the receipt
of the payment and the expenditure of the proceeds of
such surcharge by the organization in each fiscal year
of the organization can be accounted for separately
from all other revenues and expenditures of the
organization.
``(D) Submission of audit report.--Not later than
90 days after the end of any fiscal year of a
designated recipient organization for which an audit is
required under subparagraph (A), the organization
shall--
``(i) submit a copy of the report to the
Secretary of the Treasury; and
``(ii) make a copy of the report available
to the public.
``(E) Use of surcharges for audits.--Any designated
recipient organization which receives any payment from
the fund of any amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic item
may use the amount received to pay the cost of an audit
required under subparagraph (A).
``(F) Waiver of paragraph.--The Secretary of the
Treasury may waive the application of any subparagraph
of this paragraph to any designated recipient
organization for any fiscal year after taking into
account the amount of surcharges which such
organization received or expended during such year.
``(G) Nonapplicability to federal entities.--This
paragraph shall not apply to any Federal agency or
department or any independent establishment in the
executive branch which receives any payment from the
fund of any amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic item.
``(H) Availability of books and records.--An
organization which receives any payment from the fund
of any amount derived from the proceeds of any
surcharge imposed on the sale of any numismatic item
shall provide, as a condition for receiving any such
payment, to the Inspector General of the Department of
the Treasury or the Comptroller General of the United
States, upon the request of such Inspector General or
the Comptroller General, all books, records, and
workpapers belonging to or used by the organization, or
by any independent public accountant who audited the
organization in accordance with subparagraph (A), which
may relate to the receipt or expenditure of any such
amount by the organization.
``(3) Use of agents or attorneys to influence commemorative
coin legislation.--No portion of any payment from the fund to
any designated recipient organization of any amount derived
from the proceeds of any surcharge imposed on the sale of any
numismatic item may be used, directly or indirectly, by the
organization to compensate any agent or attorney for services
rendered to support or influence in any way legislative action
of the Congress relating to such numismatic item.
``(4) Designated recipient organization defined.--For
purposes of this subsection, the term `designated recipient
organization' means any organization designated, under any
provision of law, as the recipient of any surcharge imposed on
the sale of any numismatic item.''.
(c) Scope of Application.--The amendments made by this section
shall apply with respect to the proceeds of any surcharge imposed on
the sale of any numismatic item which are deposited in the Numismatic
Public Enterprise Fund after the date of the enactment of this Act.
(d) Repeal of Existing Recipient Report Requirement.--Section 303
of Public Law 103--186 (31 U.S.C. 5112 note) is hereby repealed.
SEC. 102. CITIZENS COMMEMORATIVE COIN ADVISORY COMMITTEE.
(a) Fixed Terms for Members.--Section 5135(a)(4) of title 31,
United States Code, is amended to read as follows:
``(4) Terms.--Each member appointed under clause (i) or
(iii) of paragraph (3)(A) shall be appointed for a term of 4
years.''.
(b) Chairperson.--Section 5135(a) of title 31, United States Code,
is amended by adding at the end the following new paragraph:
``(6) Chairperson.--The Chairperson of the Advisory
Committee shall be elected by the members of the Advisory
Committee from among such members.''.
SEC. 104. COMMEMORATIVE CIRCULATING COIN PROGRAM.
(a) In General.--The Citizens Commemorative Coin Advisory Committee
shall develop a recommendation for a multiyear commemorative coin
program involving the circulating coins of the United States which
would supersede other commemorative coin programs for the years the
commemorative circulating coin program is in effect.
(b) Report to Congress.--The Citizens Commemorative Coin Advisory
Committee shall submit a report to the Congress before the end of the
6-month period beginning on the date of the enactment of this Act on
the recommendations developed by the committee pursuant to subsection
(a), together with such recommendations for legislative or
administrative action as the committee determines to be necessary or
appropriate with respect to such recommendations.
TITLE II--PLATINUM AND GOLD BULLION COINS
SEC. 201. PLATINUM COINS.
(a) In General.--Section 5112 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(k) Platinum Coins.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of the Treasury may mint and issue platinum
coins in such quantity and of such variety as the Secretary
determines to be appropriate.
``(2) Specifications.--Platinum coins minted under this
subsection shall meet such specifications with respect to
diameter, weight, design, and fineness as the Secretary, in the
Secretary's discretion, may prescribe from time to time.
``(3) Legal tender.--The coins minted under this subsection
shall be legal tender, as provided in section 5103 of title 31,
United States Code.
``(4) Numismatic items.--For purposes of section 5134 of
title 31, United States Code, all coins minted under this
subsection shall be considered to be numismatic items.
``(5) Designations and inscriptions.--On each coin minted
under this subsection, there shall be--
``(A) a designation of the value of the coin and
the weight of the platinum content of the coin;
``(B) an inscription of the year in which the coin
is minted or issued; and
``(C) inscriptions of the words `Liberty', `In God
We Trust', `United States of America', and `E Pluribus
Unum'.
``(6) Sale price.--
``(A) Bullion.--The bullion versions of the coins
issued under this Act shall be sold by the Secretary at
a price equal to the sum of--
``(i) the market value of the bullion at
the time of the sale; and
``(ii) the cost of minting, marketing, and
distributing the coins (including labor,
materials, dies, use of machinery, and
promotional and overhead expenses).
``(B) Proof versions.--Proof versions of the coins
issued under this Act may be sold by the Secretary at a
price equal to the sum of--
``(i) the cost of designing and issuing the
coins (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and
shipping); and
``(ii) a reasonable profit.
``(7) Bulk sales.--The Secretary may make bulk sales of the
coins issued under this subsection at a reasonable discount.''.
(b) Technical and Conforming Amendment.--Section 5112(j)(1) of
title 31, United States Code, is amended by inserting ``, (i), or (k)''
after ``subsection (e)''.
SEC. 202. AMERICAN EAGLE GOLD COINS AUTHORIZED TO BE PRODUCED IN 2 OR
MORE DESIGNS, WEIGHTS, DIAMETERS, OR FINENESSES
SIMULTANEOUSLY.
Section 5112(i)(4) of title 31, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) Continued minting to statutory specifications
after determination to mint coins to changed
specifications.--Notwithstanding any other provision of
this section, the Secretary may continue to mint and
issue coins in accordance with the specifications
contained in paragraphs (7), (8), (9), and (10) of
subsection (a) and paragraph (1)(A) of this subsection
at the same time the Secretary is minting and issuing
other coins under this subsection in accordance with
such specifications, varieties, quantities,
designations, and inscriptions as the Secretary may
determine to be appropriate.''.
TITLE III--MINT MANAGERIAL STAFFING REFORM
SEC. 301. MODERNIZATION OF THE MANAGEMENT STRUCTURE.
Section 5131 of title 31, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
Passed the House of Representatives December 5, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk.
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TABLE OF CONTENTS:
Title I: Commemorative Coin Program Reform
Title II: Platinum and Gold Bullion Coins
Title III: Mint Managerial Staffing Reform
Commemorative Coin Authorization and Reform Act of 1995 -
Title I: Commemorative Coin Program Reform
- Amends Federal law regarding the Numismatic Public Enterprise Fund to mandate inclusion of any surcharge imposed upon the sale of any numismatic item.
Sets forth conditions on payment of surcharges to recipient organizations.
Repeals the requirement that the Comptroller General submit a financial accounting statement to the Congress on the payment of surcharges and on the use and expenditure of surcharge proceeds by a recipient organization.
(Sec. 102) Decreases from five years to four years the terms of office for members of the Citizens Commemorative Coin Advisory Committee ( the Committee). Mandates that the Chairperson of such Committee be elected by its members from among such members.
Requires the Committee to report to the Congress on recommendations for development of a multiyear commemorative coin program involving circulating coins which would supersede other commemorative coin programs for the year the commemorative circulating coin program is in effect.
Title II: Platinum and Gold Bullion Coins
- Authorizes the Secretary of the Treasury to: (1) mint and issue platinum bullion coins; and (2) continue to mint and issue American Eagle gold coins in two or more versions simultaneously.
Title III: Mint Managerial Staffing Reform
- Amends Federal law to repeal the requirement that each mint have a presidentially appointed superintendent and assayer and the Philadelphia mint have a presidentially appointed engraver.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Clean Air Act of 2001''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier, aircraft, and air transportation.--The
terms ``air carrier'', ``aircraft'', and ``air transportation''
have the meaning such terms have under section 40102 of title
49, United States Code.
(3) Aircraft air quality incident.--The term ``aircraft air
quality incident'' means an incident in an aircraft used in air
transportation which results in crew members or passengers
reporting a symptom that is consistent with exposure to
neurotoxins or asphyxiants. Such symptoms include dizziness,
fainting, disorientation, memory loss, peripheral neuropathy,
muscle tremors, muscle twitching, or tunnel vision.
(4) Mechanical and maintenance records.--The term
``mechanical and maintenance records'' with respect to an
aircraft involved in an aircraft air quality incident includes
records regarding the use of, and any loss or leakage of,
hydraulic fluids, lubrication oils, or fuel, and records
regarding any repairs that are, or could be, reported under the
Air Transport Association Specifications, including chapter
2100 (Air Conditioning), chapter 2900 (Hydraulic Power),
chapter 3600 (Pneumatics), chapter 4900 (Airborne Auxiliary
Power), and chapter 7200 (Engine).
SEC. 3. DISCLOSURE OF MAINTENANCE RECORDS.
(a) Request Made to Administrator.--
(1) In general.--Any crew member, passenger, or their
representative that experiences an aircraft air quality
incident may file, not later than 30 days after the incident, a
request with the Administrator for the mechanical and
maintenance records of the aircraft involved in the aircraft
air quality incident. The request may cover records with
respect to the aircraft for the 90-day period preceding the
incident and the 30-day period following the incident.
(2) Special rule for previous 5-year period.--Any crew
member, passenger, or their representative that experienced an
aircraft air quality incident in the 5-year period preceding
the date of enactment of this Act may file a request with the
Administrator for the mechanical and maintenance records of the
aircraft involved in the aircraft air quality incident if the
request is made not later than 90 calendar days after the date
of enactment of this Act.
(3) Verification by health care professional.--A request
described in paragraph (1) must include a statement by a health
care professional verifying that the individual making the
request reported at least 1 symptom described in section 2(3).
(b) Request Forwarded to Air Carrier.--Within 30 calendar days of
receiving a request described in subsection (a), the Administrator
shall record receipt of that request and forward it to the air carrier.
(c) Information To Be Disclosed.--An air carrier that receives a
request described in subsection (a) shall provide the requested records
to the individual making that request--
(1) not later than 15 calendar days after receiving the
request described in subsection (a)(1); or
(2) not later than 30 calendar days after receiving a
request described in subsection (a)(2).
(d) Civil Penalty for Noncompliance.--
(1) In general.--Any air carrier that does not produce any
records requested pursuant to this section shall be subject to
a civil penalty of $1,000 for each day that the air carrier
fails to produce the records.
(2) Fines increased for inflation.--In the case of any
calendar year beginning after 2001, the dollar amount described
in paragraph (1) shall be increased by an amount equal to--
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under
section 1(f)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 1(f)(3)) for the calendar year in which the
fine is assessed, determined by substituting ``calendar
year 2000'' for ``calendar year 1992'' in subparagraph (B) of such
section 1(f)(3).
(e) Retention of Mechanical and Maintenance Records.--The
Administrator shall require that air carriers retain mechanical and
maintenance records for a period of not less than 5 years, or for such
longer period if required under any other provision of law.
(f) Retention of Related Materials and Documents.--The
Administrator shall require that air carriers retain all reports,
investigative documents, studies, data, memos, and letters relating to
or arising from any complaint, report, or request regarding air quality
on aircraft for a period of not less than 10 years.
SEC. 4. RELEASE OF FILTRATION MEDIA.
(a) Request Made to Administrator.--
(1) In general.--Any crew member, passenger, or their
representative that experiences an aircraft air quality
incident may file a request with the Administrator not later
than 30 days after the incident for the filtration media used
in the air supply system of the aircraft involved in that
aircraft air quality incident.
(2) Verification by health care professional.--A request
described in paragraph (1) must include a statement by a health
care professional verifying that the individual making the
request reported at least 1 symptom described in section 2(3).
(b) Request Forwarded to Air Carrier.--Within 30 calendar days of
receiving a request described in subsection (a), the Administrator
shall record receipt of that request and forward it to the air carrier.
(c) Media To Be Provided.--An air carrier that receives a request
described in subsection (a) shall provide the filtration media to the
Administrator not later than 30 calendar days after replacing the
requested filtration media.
(d) Action by Administrator.--
(1) In general.--Not later than 30 days after receipt of
filtration media under subsection (c), the Administrator
shall--
(A) analyze the media to determine the content and
chemical properties of any materials contained in the
filtration media; and
(B) provide the results of the analysis performed
under subparagraph (A) to the individual making the
request in subsection (a).
(2) Retention of information.--The Administrator shall
retain the results of any analysis performed under paragraph
(1) for a period of not less than 5 years.
(e) Civil Penalty for Noncompliance.--
(1) In general.--Any air carrier that does not produce a
filtration media requested pursuant to this section shall be
subject to a civil penalty of $1,000 for each day that the air
carrier fails to produce the media.
(2) Fines increased for inflation.--In the case of any
calendar year beginning after 2001, the dollar amount described
in paragraph (1) shall be increased by an amount equal to--
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under
section 1(f)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 1(f)(3)) for the calendar year in which the
fine is assessed, determined by substituting ``calendar
year 2000'' for ``calendar year 1992'' in subparagraph
(B) of such section 1(f)(3).
(f) Retention of Filtration Media.--The Administrator shall require
that an air carrier retain and properly store all filtration media for
a period of not less than 45 days after any filtration media is
replaced.
SEC. 5. DISCLOSURE OF INFORMATION ON PRODUCTS USED IN THE MAINTENANCE,
OPERATION, OR TREATMENT OF AIRCRAFT.
(a) Request Made to the Administrator.--
(1) In general.--Any crew member, passenger, or their
representative may file a request with the Administrator for
information on the chemical constituents of products (either
alone or in combination, including the byproducts generated by
thermal degradation or decomposition of those products) used in
the maintenance, operation, or treatment of aircraft to which a
crew member or passenger may be or may have been directly
exposed.
(2) Special rule for the previous 5-year period.--Any crew
member, passenger, or their representative may file a request
with the Administrator for the information described in
paragraph (1) regarding a product that was used during the 5-
year period preceding the date of enactment of this Act if the
request is made not later than 90 calendar days after the date
of enactment of this Act.
(b) Request Forwarded to Air Carrier.--Within 30 calendar days of
receiving a request described in subsection (a), the Administrator
shall record receipt of that request and forward it to the air carrier.
(c) Information To Be Disclosed.--
(1) In general.--An air carrier that receives a request
described in subsection (a) shall provide the information to
the individual making that request--
(A) not later than 15 calendar days after receiving
a request described in subsection (a)(1); and
(B) not later than 30 days after receiving a
request described in subsection (a)(2).
(2) Information to be included.--An air carrier shall
provide to a person making a request described in subsection
(a) the following:
(A) Information on the toxicity and toxicology of
the products described in subsection (a).
(B) Any report of an aircraft air quality incident,
including any first aid and medical treatment or tests
required by any person in connection with the aircraft
air quality incident.
(C) Any monitoring data, including measurements of
exposures of personnel in the work environment,
measurements of ambient air and surface contamination
in the work environment, and in-duct measurements.
(D) All reports, investigative documents, studies,
memos, and letters related to or arising from any
complaint, report, or request regarding air quality on
aircraft.
(E) Any health or symptom survey distributed to
crew members.
(d) Civil Penalty for Noncompliance.--
(1) In general.--Any air carrier that does not produce any
information requested pursuant to this section shall be subject
to a civil penalty of $1,000 for each day that the carrier
fails to produce the information.
(2) Fines increased for inflation.--In the case of any
calendar year beginning after 2001, the dollar amount described
in paragraph (1) shall be increased by an amount equal to--
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under
section 1(f)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 1(f)(3)) for the calendar year in which the
fine is assessed, determined by substituting ``calendar
year 2000'' for ``calendar year 1992'' in subparagraph
(B) of such section 1(f)(3).
(e) Retention of Information on Products and Byproducts.--The
Administrator shall require that an air carrier retain the records
described in this section for a period of not less than 5 years, or for
such longer period as is under any other provision of law.
(f) Relationship to Other Disclosures.--The information required to
be provided under this section shall be provided to the crew member,
passenger, or their representative in addition to any information
provided in the material safety data sheet.
SEC. 6. CABIN PRESSURIZATION.
(a) Study of Cabin Oxygen Levels.--The Administrator, in
consultation with the National Academy of Sciences Committee on Air
Quality in Passenger Cabins of Commercial Aircraft, shall award a grant
to an eligible applicant described in subsection (b) to conduct an
aeromedical research study to determine what cabin altitude must be
maintained to provide sufficient oxygen to ensure that the short- and
long-term health of 95 percent of a representative sample of cabin crew
and passengers is not adversely affected.
(b) Eligible Applicant.--An eligible applicant described in this
subsection is an expert in an appropriate academic field who is
affiliated with a school of public or occupational health that does not
receive funding from the airline industry.
(c) Elements of the Study.--The study shall include--
(1) measurements of blood oxygen saturation collected at
cabin altitudes that range from 5,000 to 8,000 feet from a
sample of crew members and passengers selected to represent the
range of weight and health considerations that could affect
blood oxygen transport (including cardiovascular and
respiratory conditions); and
(2) a review of existing data and published literature.
(d) Report.--The eligible applicant selected to receive the grant
under this section shall complete the study and submit a report
regarding the results of the study to the Administrator not later than
18 months after the receipt of the grant funds.
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Aircraft Clean Air Act of 2001 - Authorizes crew members or passengers that experience an aircraft air quality incident which results in their reporting a symptom consistent with exposure to neurotoxins or asphyxiants to file a request with the Administrator of the Federal Aviation Administration (FAA) for: (1) the aircraft's mechanical and maintenance records; (2) the filtration media used in the aircraft's air supply system; and (3) the chemical constituents of products used in the maintenance, operation, or treatment of such aircraft to which a crew member or passenger may have been directly exposed. Sets forth a civil penalty for the failure of an air carrier to produce such records, media, or information.Directs the Administrator of the FAA to award a grant for an aeromedical research study to determine what cabin altitude must be maintained to provide sufficient oxygen to ensure that the short- and long-term health of 95 percent of a representative sample of cabin crew and passengers is not adversely affected.
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Summarize the following text: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Economic
Revitalization Tax Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. CERTAIN INVESTMENTS IN UNITED STATES PROPERTY BY QUALIFIED
CORPORATIONS.
(a) In General.--Section 956 is amended by redesignating subsection
(e) as subsection (f) and adding the following new subsection (e):
``(e) Separate Application of Section to Qualified Corporations.--
``(1) In general.--In the case of a qualified corporation,
this section shall be applied separately with respect to such
corporation's qualified income.
``(2) Definitions.--For purposes of this section--
``(A) Qualified corporation.--The term `qualified
corporation' means any foreign corporation which is a
controlled foreign corporation and is created or
organized under the laws of, or engaged in the active
conduct of a trade or business within, the Commonwealth
of Puerto Rico or a possession of the United States.
``(B) Qualified income.--The term `qualified
income' means income earned by a qualified corporation
in taxable years beginning after December 31, 2001,
from sources outside the United States, from--
``(i) the active conduct of a trade or
business within the Commonwealth of Puerto Rico
or a possession of the United States, or
``(ii) the sale or exchange of
substantially all of the assets used in the
active conduct of such a trade or business.
``(C) Possession.--The term `possession of the
United States' includes the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(3) Taxable years to which subsection is applicable.--
This subsection shall be applicable with respect to any taxable
year of a qualified corporation beginning after December 31,
2001, for which an election under section 245(d) is not in
effect.''
(b) Certain Investments in United States Property.--Section 951(a)
is amended by adding the following new paragraph at the end thereof:
``(4) Certain investments in united states property.--
``(A) In general.--The amount determined under
paragraph (1)(B) of this subsection with respect to a
qualified corporation (as defined in section
956(e)(2)(A)) shall be reduced (but not below zero) by
the lesser of--
``(i) 90 percent of the amount determined
under section 956(e) with respect to such
corporation for the taxable year, or
``(ii) 90 percent of such corporation's
cumulative qualified income (as defined in
section 956(e)(2)(B)), reduced by amounts (if
any) previously allowed as a deduction under
section 245(d).
``(B) Succeeding taxable years.--In applying this
section and section 956 to any taxable year, any amount
not included in the gross income of a United States
shareholder of a qualified corporation in a prior
taxable year solely by reason of the application of
subparagraph (A) of this paragraph shall be treated as
if it had been so included in the gross income of the
United States shareholder in such prior taxable year.''
SEC. 3. DIVIDENDS RECEIVED DEDUCTION WITH RESPECT TO CERTAIN
DISTRIBUTIONS BY QUALIFIED CORPORATIONS.
Section 245 is amended by adding the following new subsection at
the end thereof:
``(d) Dividends From Qualified Corporations.--
``(1) General rule.--In the case of a dividend described in
paragraph (2) received by a domestic corporation from an
electing qualified corporation (as defined in section
956(e)(2)(A)), there shall be allowed as a deduction an amount
equal to 85 percent of such dividend.
``(2) Eligible dividends.--Paragraph (1) shall apply only
to dividends which are paid out of that portion of the earnings
and profits of a qualified corporation which does not exceed
such corporation's accumulated qualified income (as defined in
section 956(e)(2)(B)).
``(3) Application of section 316 ordering rule.--For
purposes of this subsection, a dividend shall be deemed to be
made out of the most recently accumulated earnings and profits
of the qualified corporation.
``(4) Elections.--
``(A) In general.--An election under this
subsection shall be made by the qualified corporation
at such time and in such manner as the Secretary shall
prescribe.
``(B) Years for which election is effective.--An
election under this subsection shall be effective for
the taxable year of the qualified corporation beginning
after December 31, 2001, for which such election is
made and for all succeeding taxable years of such
corporation, unless--
``(i) the corporation ceases to be a
qualified corporation, or
``(ii) the corporation revokes the
election.
``(C) New election by qualified corporation
following termination.--If a qualified corporation has
made an election under this subsection and if such
election has been terminated under subparagraph (B),
such corporation (and any successor qualified
corporation) shall not be eligible to make an election
under this subsection for any taxable year before the
5th taxable year which begins after the 1st taxable
year for which such termination is effective, unless
the Secretary consents to such election.
``(5) Coordination with foreign tax credit.--To the extent
provided by the Secretary in regulations, the principles of
sections 245(a)(8) and (9) shall apply to dividends described
in paragraph (1) of this subsection.''
SEC. 4. SAFE HARBOR RULE FOR CERTAIN TRANSFERS OR LICENSES OF
INTANGIBLE PROPERTY TO A QUALIFIED CORPORATION.
Section 367 is amended by the following new subsection at the end
thereof:
``(g) Safe Harbor for Certain Transfers or Licenses of Intangible
Property.--
``(1) General rule.--If subsection (d)(2)(A)(ii) or section
482 is otherwise applicable to the transfer or license of
qualified intangible property to an electing qualified
corporation (as defined in section 956(e)(2)(A)), the
requirements of subsection (d)(2)(A)(ii) or section 482, as the
case may be, shall be treated as satisfied for all purposes
under this subtitle, with respect to the qualified income
attributable to the qualified intangible property, for any
taxable year for which the electing qualified corporation
computes its qualified income (as defined in section
956(e)(2)(B)) with respect to its products or services
involving the use of the qualified intangible property in
accordance with the same method specified in section 936(h) (as
in effect on the date of enactment of this subsection) which
was used by the domestic corporation referred to in paragraph
(2)(A) for its last taxable year beginning before the transfer
or license to the qualified corporation.
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified intangible property.--The term
`qualified intangible property' means any intangible
property owned by a domestic corporation on the date of
enactment of this section, but only if such property
was--
``(i) developed or purchased by the
domestic corporation, and
``(ii) used directly in the active conduct
by the domestic corporation of a trade or
business for which credits were allowed under
either section 30A or section 936 for the
taxable year within which the transfer or
license occurs.
``(B) Intangible property.--The term `intangible
property' means any intangible property (within the
meaning of subsection (d)) but only if such property
was used directly in connection with a manufacturing or
similar process within the taxable year referred to in
paragraph (2)(A)(ii).
``(3) Elections.--
``(A) In general.--An election under this
subsection shall be made by the qualified corporation,
in such manner as the Secretary may prescribe by
regulations, only before the 15th day of the 3d month
following the close of the first taxable year of such
corporation beginning after December 31, 2001.
``(B) Years for which effective.--An election under
this subsection shall apply to the taxable year for
which made and all subsequent years unless--
``(i) the foreign corporation which is the
transferee or licensee ceases to be a qualified
corporation, or
``(ii) the Secretary consents to the
revocation of the election.''
SEC. 5. TECHNICAL AND CONFORMING CHANGES.
(a) Imputed Interest.--Notwithstanding any provision of the
Internal Revenue Code of 1986, no interest shall be imputed, and no
original issue discount shall be accrued, for any purpose under such
Code with respect to any obligation issued to a qualified corporation
(as defined in section 956(e)(2)(A) of such Code) as part of a
transaction to which section 956(e) of such Code is applicable.
(b) Constructive Dividends.--Notwithstanding any provision of the
Internal Revenue Code of 1986, no amount of United States property held
by a qualified corporation (as defined in section 956(e) of such Code)
pursuant to sections 951(a)(4) and 956(e) of such Code shall be treated
as a dividend for any purpose under the Code.
SEC. 6. REGULATIONS.
The Secretary shall prescribe such regulations as are necessary or
appropriate to carry out the purposes of this Act.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act.
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Economic Revitalization Tax Act of 2001 - Amends Internal Revenue Code provisions concerning investment of earnings in U.S. property to set forth a separate rule governing any foreign corporation which is a controlled foreign corporation and is created or organized under the laws of, or engaged in the active conduct of a trade or business within, the Commonwealth of Puerto Rico or a possession of the United States.Provides that in the case of certain dividends received by a domestic corporation from such a corporation, there shall be allowed as a deduction an amount equal to 85 percent of such dividend.Establishes a safe harbor rule for certain transfers or licenses of intangible property to such a corporation.
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Give a brief overview of the following text: SECTION 1. PROGRAMS FOR MIGRANT CHILDREN.
Subpart 1 of part D of chapter 1 of the Elementary and Secondary
Education Act of 1965 is amended to read as follows:
``Subpart 1--Programs for Migrant Children
``SEC. 1201. STATEMENT OF PURPOSE.
``The purpose of this subpart is--
``(1) to support high quality and comprehensive educational
programs for migrant children to help reduce the multiple needs
that result from repeated moves;
``(2) to ensure that migrant children are provided with
appropriate educational and supportive services addressing
their special needs in a coordinated and efficient manner; and
``(3) to design programs to help migrant children overcome
educational disruption, cultural and language barriers, social
isolation, various health-related problems, and other
noninstructional factors which inhibit their ability to do well
in school and to prepare such children to make a successful
transition to postsecondary education or employment.
``SEC. 1202. GRANTS--ENTITLEMENT AND AMOUNT.
``(a) Entitlement.--(1) A State educational agency or a combination
of such agencies shall, upon application, be entitled to receive a
grant for any fiscal year under this subpart to establish or improve,
either directly or through local educational agencies, programs of
education which meet the requirements of section 1203 for migrant
children.
``(2) In the case of any State which receives an allocation of
$1,000,000 or less, the Secretary shall consult with the State
educational agency regarding consortium arrangements with another
State, an institution of higher education, or with a regional education
laboratory to deliver services in a more effective and efficient
manner.
``(3) A State, irrespective of allocation amounts, may propose a
consortium agreement.
``(4) The Secretary shall approve a consortium agreement under
paragraphs (2) or (3) if the proposal demonstrates that the agreement
may reduce administrative overhead costs or program function costs for
State programs and make more funds available for direct services to add
substantially to the welfare or educational attainment of children to
be served under this subpart.
``(b) Amount of Grant to States.--(1) Except as provided in
paragraphs (2) and (3), the amount of each State's grant will be an
amount equal to 40 percent of the average per pupil expenditure in the
State multiplied by--
``(A) the estimated number of migrant children who reside
in the State full time; and
``(B) the full-time equivalent of the estimated number of
migrant children who reside in the State part time, as
determined by the Secretary in accordance with regulations.
``(2) If the average per pupil expenditure in the State is less
than 80 percent of the average per pupil expenditure in the United
States, the amount of a grant under paragraph (1) shall be 32 percent
of the average per pupil expenditure in the United States for such
fiscal year multiplied by--
``(A) the estimated number of migrant children who reside
in the State full time; and
``(B) the full-time equivalent of the estimated number of
migrant children who reside in the State part time, as
determined by the Secretary in accordance with regulations.
``(3) If the average per pupil expenditure in the State is more
than 120 percent of the average per pupil expenditure in the United
States, the amount of the grant under paragraph (1) shall be 48 percent
of the average per pupil expenditure in the United States multiplied
by--
``(A) the estimated number of migrant children who reside
in the State full time; and
``(B) the full-time equivalent of the estimated number of
migrant children who reside in the State part time, as
determined by the Secretary in accordance with regulations.
``(4) The Secretary shall develop a formula for adjusting the
estimated number of children who reside in a State in order to reflect
the number of migrant children who are served in summer programs (which
may include intersession programs) in the State and the additional
costs of operating such programs. The formula shall include an
equitable cost factor related to the differences in costs for different
program designs.
``(c) Amount of Grant to Puerto Rico.--(1) For each fiscal year,
the Secretary shall determine--
``(A) the average per pupil expenditure of the State which
has the lowest such average;
``(B) the average per pupil expenditure of the Commonwealth
of Puerto Rico; and
``(C) the percentage that, when multiplied by the amount
described in subparagraph (A), yields the amount described in
subparagraph (B).
``(2) The grant which the Commonwealth of Puerto Rico shall be
eligible to receive under this section for a fiscal year shall be the
amount arrived at by multiplying the number of such migrant children in
the Commonwealth of Puerto Rico by the product of--
``(A) the percentage determined under paragraph (1)(C); and
``(B) 32 percent of the average per pupil expenditure in
the United States.
``(d) Error Rate.--States may make up to a 5 percent standard error
rate when determining the number of eligible migrants residing within a
State.
``(e) Bypass Provision.--If the Secretary determines that a State
is unable or unwilling to conduct educational programs for migrant
children, that it would result in more efficient and economic
administration, or that it would add substantially to the welfare or
educational attainment of such children, the Secretary may make special
arrangements with other public or nonprofit private agencies to carry
out the purposes of this section in 1 or more States, and for this
purpose the Secretary may use all or part of the total of grants
available for any such State under this subpart.
``SEC. 1203. PROGRAM REQUIREMENTS.
``The Secretary shall approve an application submitted under
section 1202(a) which--
``(1) provides the opportunity for migrant children to meet
challenging content standards and performance standards if such
standards have been adopted;
``(2) provides for educational continuity through the
timely transfer of pertinent school records, including
information on health, when children move from one school to
another;
``(3) contains an agreement to record the migrant status of
such children and their average daily attendance on State
student collection data;
``(4) specifies goals and measurable outcomes in a
comprehensive plan which, at a minimum, describes--
``(A)(i) advocacy and outreach activities for
migrant children and their families, including a
description of education, health, nutrition, and other
supportive social services to be provided directly or
through cooperative agreements with other service
providers;
``(ii) coordination efforts with other Federal
instructional and supportive programs, including early
childhood programs, the basic grant program under this
chapter, the bilingual education programs established
under title VII, and regular local school programs;
``(B) ongoing professional development programs,
including mentoring programs for teachers and other
program personnel;
``(C) parent involvement programs (as defined under
section 1016), and when feasible, the establishment of
instructional programs such as use of the model
developed under the Even Start Family Literacy Programs
that promote adult literacy and train parents to
support the educational growth of their children;
``(D) the integration of information technology
into educational programs; and
``(E) programs to manage the transition from school
to work or to a postsecondary education for high school
students;
``(5) includes assurances that programs will be
administered and carried out in a manner consistent with the
basic objectives of section 1011 (other than subsection (b)),
sections 1012, 1014, and 1018, and subpart 2 of part F; and
``(6) gives priority to migrant children whose educational
needs are greatest and whose education has been interrupted
during the regular school year.
``SEC. 1204. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Activities Authorized.--(1) After consultation with the
States, the Secretary is authorized to make grants to, and enter into
contracts with, State educational agencies for activities to improve
the interstate and intrastate coordination (including the use of
technology) among State and local educational agencies of the
educational programs available for migrant children. No State
educational agency may receive a grant under this subpart for more than
5 years.
``(2) Grants or contracts shall also be made under this subpart to
State educational agencies to develop and establish a national program
of credit exchange and accrual for migrant children so that such
children will be better able to meet graduation requirements and
receive high school diplomas.
``(b) Competitive Grants.--From the amounts made available for this
subpart, the Secretary shall reserve not more than $1,500,000 to award,
on a competitive basis, not more than 15 grants in the amount of
$100,000 each to State educational agencies with approved consortium
agreements described under section 1202(a)(4). Not less than 10 of such
grants shall be awarded to States which receive allocations of less
than $1,000,000 if such States have approved agreements.
``(c) Continuation of Services.--(1) Subject to paragraph (2), a
child who is no longer a migrant child may continue to receive services
for one additional school year only if comparable services are not
available through other programs.
``(2) Notwithstanding paragraph (1)--
``(A) a child who ceases to be a migrant child during a
school term shall be eligible for services until the end of
such term; and
``(B) secondary school students who were eligible for
services in secondary school may continue to be served through
credit accrual programs until graduation.
``(d) Assistance and Reporting.--(1) Not later than October 1,
1994, the Secretary shall begin to work with States to provide model
information forms or other assistance to help ensure the timely
transfer of students' educational and health records.
``(2) Not later than October 1, 1995, the Secretary shall submit a
report to the Congress regarding the effectiveness of methods used by
States to transfer records.
``(e) Definition.--For purposes of this subpart, the term `migrant
child' means a child, aged 3 to 21, inclusive, who is or whose parent
or guardian is a migrant agricultural worker, migrant fisherman, or
migrant dairy worker and who has moved within the past 24 months--
``(1) from one school district to another to obtain
temporary or seasonal employment in agriculture, fishing, or
dairy work; or
``(2) has moved from one administrative area to another, in
a State that is comprised of a single school district, to
enable the child, the child's guardian, or a member of the
child's immediate family to obtain temporary or seasonal
employment in agriculture, fishing, or dairy work.
Paragraph (2) includes children of migrant fishermen if such children
reside in a school district of more than 18,000 square miles and
migrate a distance of 20 miles or more to temporary residences to
engage in fishing activity.
``(f) Availability of Funds.--The Secretary may, from the funds
appropriated for carrying out this subpart, reserve up to $5,000,000
for the purposes of this section for any fiscal year.''.
SEC. 2. EFFECTIVE DATE FOR DISCONTINUATION OF MIGRANT STUDENT RECORD
SYSTEM.
The contract for the Migrant Student Record System in existence on
the day before the date of the enactment of this Act may not continue
beyond June 30, 1995. Pending the discontinuation of such system, the
Secretary may not award a contract for a new Migrant Student Record
Transfer System or any comparable such system, but may continue the
existing contract for such system until June 30, 1995.
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Amends the Elementary and Secondary Education Act of 1965 to revise provisions for programs for migrant children.
Includes under program requirements a comprehensive plan which describes: (1) advocacy and outreach activities for migrant children and their families, including education, health, nutrition, and other supportive social services; (2) coordination efforts; (3) professional development; (4) parent involvement; (5) integration of information technology; and (6) transition programs.
Directs the Secretary of Education to reserve funds for up to 15 competitive grants to State educational agencies with approved consortium agreements.
Revises the period of eligibility so that a migrant child is one aged three through 21 whose family meets migrant requirements and has moved within the past 24 months. Allows continuation of migrant child status for an additional school year only if comparable services are not available through other programs.
Directs the Secretary to begin by October 1, 1994, to work with States to provide model information forms or other assistance to help ensure the timely transfer of students' educational and health records.
Prohibits: (1) continuation of the contract for the Migrant Student Record System beyond June 30, 1995; or (2) award of a new contract for that or any comparable system.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Childhood Cancer Survivors' Quality
of Life Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An estimated 13,500 children and adolescents under age
20 are diagnosed with cancer each year.
(2) In 1960, only 4 percent of children with cancer
survived more than 5 years, but today, cure rates have
increased to over 80 percent for children and adolescents under
age 20.
(3) The population of survivors of childhood cancers has
grown dramatically, to over 360,000 individuals of all ages as
of 2012.
(4) As many as two-thirds of childhood cancer survivors are
likely to experience at least one late effect of treatment,
with as many as one-fourth experiencing a late effect that is
serious or life-threatening. The most common late effects of
childhood cancer are neurocognitive, psychological,
cardiopulmonary, endocrine, and musculoskeletal effects and
secondary malignancies.
(5) As a result of disparities in the delivery of cancer
care, minority, low-income, and other medically underserved
children are more likely to be diagnosed with late stage
disease, experience poorer treatment outcomes, have shorter
survival time with less quality of life, and experience a
substantially greater likelihood of cancer death.
(6) The late effects of cancer treatment may change as
therapies evolve, which means that the monitoring and care of
cancer survivors may need to be modified on a routine basis.
(7) Despite the intense stress caused by childhood cancer,
there is a lack of standardized and coordinated psychosocial
care for the children and their families, from the date of
diagnosis through treatment and survivorship.
(8) The Institute of Medicine, in its report on cancer
survivorship entitled ``Childhood Cancer Survivorship:
Improving Care and Quality of Life'', states that an organized
system of care and a method of care for pediatric cancer
survivors is needed.
(9) Focused and well-designed research and pilot health
delivery programs can answer questions about the optimal ways
to provide health care, follow-up monitoring services, and
survivorship care to those diagnosed with childhood cancer and
contribute to improvements in the quality of care and quality
of life of those individuals.
SEC. 3. CANCER SURVIVORSHIP PROGRAMS.
(a) Cancer Survivorship Programs.--Subpart 1 of part C of title IV
of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by
adding at the end the following:
``SEC. 417G. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE FOR
PEDIATRIC CANCER SURVIVORS.
``(a) In General.--The Secretary shall make grants to eligible
entities to establish pilot programs to develop, study, or evaluate
model systems for monitoring and caring for childhood cancer survivors.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means--
``(1) a medical school;
``(2) a children's hospital;
``(3) a cancer center; or
``(4) any other entity with significant experience and
expertise in treating survivors of childhood cancers.
``(c) Use of Funds.--The Secretary may make a grant under this
section to an eligible entity only if the entity agrees--
``(1) to use the grant to establish a pilot program to
develop, study, or evaluate one or more model systems for
monitoring and caring for cancer survivors; and
``(2) in developing, studying, and evaluating such systems,
to give special emphasis to the following:
``(A) Design of protocols for different models of
follow-up care, monitoring, and other survivorship
programs (including peer support and mentoring
programs).
``(B) Development of various models for providing
multidisciplinary care.
``(C) Dissemination of information and the
provision of training to health care providers about
how to provide linguistically and culturally competent
follow-up care and monitoring to cancer survivors and
their families.
``(D) Development of support programs to improve
the quality of life of cancer survivors.
``(E) Design of systems for the effective transfer
of treatment information and care summaries from cancer
care providers to other health care providers
(including risk factors and a plan for recommended
follow-up care).
``(F) Dissemination of the information and programs
described in subparagraphs (A) through (E) to other
health care providers (including primary care
physicians and internists) and to cancer survivors and
their families, where appropriate.
``(G) Development of initiatives that promote the
coordination and effective transition of care between
cancer care providers, primary care physicians, and
mental health professionals.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $15,000,000 for each of fiscal
years 2015 through 2019.
``SEC. 417G-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL AND
PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER SURVIVORS.
``(a) In General.--The Secretary shall, not later than 1 year after
the date of enactment of this Act, convene a Workforce Development
Collaborative on Medical and Psychosocial Care for Pediatric Cancer
Survivors (referred to in this paragraph as the `Collaborative'). The
Collaborative shall be a cross-specialty, multidisciplinary group
composed of educators, consumer and family advocates, and providers of
psychosocial and biomedical health services.
``(b) Goals and Reports.--The Collaborative shall submit to the
Secretary a report establishing a plan to meet the following objectives
for medical and psychosocial care workforce development:
``(1) Identifying, refining, and broadly disseminating to
health care educators information about workforce competencies,
models, and preservices curricula relevant to providing medical
and psychosocial services to persons with pediatric cancers.
``(2) Adapting curricula for continuing education of the
existing workforce using efficient workplace-based learning
approaches.
``(3) Developing the skills of faculty and other trainers
in teaching psychosocial health care using evidence-based
teaching strategies.
``(4) Strengthening the emphasis on psychosocial health
care in educational accreditation standards and professional
licensing and certification exams by recommending revisions to
the relevant oversight organizations.
``(5) Evaluating the effectiveness of patient navigators in
pediatric cancer survivorship care.
``(6) Evaluating the effectiveness of peer support programs
in the psychosocial care of pediatric cancer patients and
survivors.
``(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2015 through 2019.''.
(b) Technical Amendment.--
(1) In general.--Section 3 of the Hematological Cancer
Research Investment and Education Act of 2002 (Public Law 107-
172; 116 Stat. 541) is amended by striking ``section 419C'' and
inserting ``section 417C''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 3 of the
Hematological Cancer Research Investment and Education Act of
2002 (Public Law 107-172; 116 Stat. 541).
SEC. 4. GRANTS TO IMPROVE CARE FOR PEDIATRIC CANCER SURVIVORS.
Section 417E of the Public Health Service Act (42 U.S.C. 285a-11)
is amended--
(1) in the heading, by striking ``research and awareness''
and inserting ``research, awareness, and survivorship'';
(2) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(4); and
(B) by inserting after paragraph (1) the following:
``(2) Research on causes of health disparities in pediatric
cancer survivorship.--
``(A) Grants.--The Director of NIH, acting through
the Director of the Institute, in coordination with
ongoing research activities, shall make grants to
entities to conduct research relating to--
``(i) needs and outcomes of pediatric
cancer survivors within minority or other
medically underserved populations;
``(ii) health disparities in pediatric
cancer survivorship outcomes within minority or
other medically underserved populations;
``(iii) barriers that pediatric cancer
survivors within minority or other medically
underserved populations face in receiving
follow-up care; and
``(iv) familial, socioeconomic, and other
environmental factors and the impact of such
factors on treatment outcomes and survivorship.
``(B) Balanced approach.--In making grants for
research under subparagraph (A)(i) on pediatric cancer
survivors within minority or other medically
underserved populations, the Director of NIH shall
ensure that such research addresses both the physical
and the psychological needs of such survivors.
``(3) Research on late effects and follow-up care for
pediatric cancer survivors.--The Director of NIH, in
coordination with ongoing research activities, shall conduct or
support research on follow-up care for pediatric cancer
survivors, with special emphasis given to--
``(A) the development of indicators used for long-
term patient tracking and analysis of the late effects
of cancer treatment for pediatric cancer survivors;
``(B) the identification of risk factors associated
with the late effects of cancer treatment;
``(C) the identification of predictors of
neurocognitive and psychosocial outcomes;
``(D) initiatives to protect cancer survivors from
the late effects of cancer treatment;
``(E) transitions in care for pediatric cancer
survivors;
``(F) training of professionals to provide
linguistically and culturally competent follow-up care
to pediatric cancer survivors; and
``(G) different models of follow-up care.''; and
(3) in subsection (d)--
(A) by striking ``this section and'' and inserting
``subsection (a)(1), subsection (b), and'';
(B) by striking ``2013'' and inserting ``2019'';
and
(C) by inserting after the second sentence the
following: ``For purposes of carrying out subsections
(a)(2) and (a)(3), there is authorized to be
appropriated $10,000,000 for each of fiscal years 2015
through 2019.''.
SEC. 5. COMPREHENSIVE LONG-TERM FOLLOW-UP SERVICES FOR PEDIATRIC CANCER
SURVIVORS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. CLINICS FOR COMPREHENSIVE LONG-TERM FOLLOW-UP SERVICES FOR
PEDIATRIC CANCER SURVIVORS.
``(a) In General.--The Secretary shall make grants to eligible
entities to establish and operate a clinic for comprehensive long-term
follow-up services for pediatric cancer survivors.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means--
``(1) a school of medicine;
``(2) a children's hospital;
``(3) a cancer center; or
``(4) any other entity determined by the Secretary to have
significant experience and expertise in--
``(A) treating pediatric, adolescent, and young
adult cancers; or
``(B) integrating medical and psychosocial services
for pediatric, adolescent, and young adult cancer
survivors and their families.
``(c) Use of Funds.--The Secretary may make a grant under this
section to an eligible entity only if the entity agrees to use the
grant to pay costs incurred during the first 4 years of establishing
and operating a clinic for comprehensive, long-term, follow-up services
for pediatric cancer survivors, which may include the costs of--
``(1) providing medical and psychosocial follow-up
services, including coordination with the patient's primary
care provider and oncologist in order to ensure that the
medical needs of survivors are addressed, and providing
linguistically and culturally competent information to
survivors and families with appropriate outreach to medically
underserved populations;
``(2) the construction, expansion, and modernization of
facilities;
``(3) acquiring and leasing facilities and equipment
(including paying the costs of amortizing the principal of, and
paying the interest on, loans for such facilities and
equipment) to support or further the operation of the grantee;
and
``(4) the construction and structural modification
(including equipment acquisition) of facilities to permit the
integrated delivery of ongoing medical and psychosocial care to
pediatric cancer survivors and their families at a single
service site.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2015 through 2019.''.
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Childhood Cancer Survivors' Quality of Life Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors. Requires the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to persons with pediatric cancers, (2) adapting curricula for continuing education of the existing workforce, and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification. Reauthorizes and expands the National Cancer Institute's pediatric cancer research and awareness program to include research on: (1) pediatric cancer survivors within minority or other medically underserved populations, (2) health disparities in pediatric cancer survivorship outcomes, and (3) follow-up care for pediatric cancer survivors. Requires the Secretary to make grants to eligible entities to establish and operate a clinic for comprehensive long-term follow-up services for pediatric cancer survivors.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Plains Aquifer Hydrogeologic
Characterization, Mapping, and Modeling Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Association.--The term ``Association'' means the
Association of American State Geologists.
(2) Council.--The term ``Council'' means the Western States
Water Council.
(3) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(4) High plains aquifer.--The term ``High Plains Aquifer''
is the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, titled
``Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming.''
(5) High plains aquifer states.--The term ``High Plains
Aquifer States'' means the States of Colorado, Kansas,
Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and
Wyoming.
(6) Review panel.--The term ``Review Panel'' means the
panel provided for by section 3(d).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ESTABLISHMENT.
(a) Program.--The Secretary, through the United States Geological
Survey, and in cooperation with the High Plains Aquifer States, shall
establish and carry out the High Plains Aquifer Comprehensive
Hydrogeologic Program, to characterize, map, and model the High Plains
Aquifer. The Program shall undertake at the most detailed levels
determined to be appropriate on a state-by-state basis,
characterization, mapping and modeling of the hydrogeological
configuration of the High Plains Aquifer.
(b) Objectives.--The objectives of the Program are to:
(1) provide for the hydrogeologic characterization, mapping
and modeling of the High Plains Aquifer through a cooperative
partnership effort between the U.S. Geological Survey and the
High Plains Aquifer States;
(2) coordinate Federal, State, and local data, maps, and
models into an integrated physical characterization of the High
Plains Aquifer;
(3) support State and local activities with scientific and
technical specialists; and
(4) undertake activities and provide technical capabilities
not available at the State and local levels as may be requested
by a Governor of a High Plains Aquifer State within such state.
(c) Requests From Governors.--The Governor of a High Plains Aquifer
State may submit a proposal to the Secretary requesting the Secretary
to undertake activities and provide financial and technical
capabilities not available at the State and local levels to carry out
the purposes of the Program.
(d) Review Panel.--Not later than six months after the date of
enactment of this Act, the Secretary shall establish a Review Panel to:
(1) evaluate the proposals submitted for funding under subsection (f);
and (2) review and coordinate Program priorities. In performing its
functions, the Review Panel shall consult with the Association and the
Council.
(e) Composition and Support.--The Review Panel shall be comprised
of: (1) five representatives of the United States Geological Survey, at
least two of which shall be hydrologists or hydrogeologists; and (2)
one representative who is knowledgeable regarding hydrogeologic data
and information from each of the High Plains Aquifer States that elects
to participate in the Program. Each representative of a High Plains
Aquifer State shall be recommended by the Governor of such State. The
Secretary shall provide technical and administrative support to the
Review Panel. Expenses for the Review Panel shall be paid from Program
funds other than those referred to in subsection (f).
(f) Funding.--Fifty percent of the funds appropriated to carry out
this Program shall be allocated equally by the Secretary for the
participation of State and local agencies and institutions of higher
education within each of the High Plains Aquifer States that elects to
participate in the Program. Grants may be made by the Secretary from
the funds described in this subsection based on proposals that have
been recommended by the Governor and reviewed by the Review Panel.
Proposals for multistate activities must be recommended by the
Governors of all the affected States.
SEC. 4. REPORTS.
(a) Report on Program Implementation.--One year after the date of
enactment of this Act, and every 3 years thereafter through fiscal year
2011, the Secretary shall include a report on the Program in the annual
budget documents for the Department of the Interior. The initial report
submitted by the Secretary shall contain a Program plan developed with
the concurrence of the Review Panel.
(b) Report on High Plains Aquifer.--No later than four years after
the date of enactment of this Act and upon completion of the Program in
fiscal year 2011, the Secretary shall submit an interim and final
report, respectively, to the Governors of the High Plains Aquifer
States on the status of the High Plains Aquifer.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2003 through 2011 to carry out
this Act.
Passed the Senate April 7, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.
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(This measure has not been amended since it was reported to the Senate on March 19, 2003. The summary of that version is repeated here.)High Plains Aquifer Hydrogeologic Characterization, Mapping, and Modeling Act - (Sec. 3) Directs the Secretary of the Interior, through the United States Geological Survey and in cooperation with the High Plains Aquifer States (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming), to establish and carry out the High Plains Aquifer Comprehensive Hydrogeologic Program to characterize, map, and model the High Plains Aquifer.Lists as Program objectives to: (1) provide for the hydrogeologic characterization, mapping, and modeling of the Aquifer through a cooperative partnership effort between the U.S. Geological Survey and the High Plains Aquifer States; (2) coordinate Federal, State, and local data, maps, and models into an integrated physical characterization of the Aquifer; (3) support State and local activities with scientific and technical specialists; and (4) undertake activities and provide technical capabilities not available at State and local levels, as may be requested by a participating State's Governor.Directs the Secretary to establish a Review Panel to: (1) evaluate the proposals submitted for funding under this Act; and (2) review and coordinate Program priorities. Requires the Panel to consult with the Association of American State Geologists and the Western States Water Council.Requires that 50 percent of the funds appropriated to carry out the Program be allocated equally by the Secretary for the participation of State and local agencies and institutions of higher education within each of the participating States. Authorizes the Secretary to make grants from such funds based on proposals that have been recommended by a Governor and reviewed by the Panel. Requires proposals for multistate activities to be recommended by the Governors of all the affected States.(Sec. 4) Requires the Secretary to: (1) include reports on the Program in the annual budget documents for the Interior Department (the initial report to contain a Program plan developed with the concurrence of the Review Panel); and (2) submit an interim and final status report to the Governors of the High Plains Aquifer States.(Sec. 5) 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 ``Let Wall Street Pay for the
Restoration of Main Street Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Our Nation continues to be hamstrung by a recession
that led to the current jobless recovery and record deficits.
(2) The unemployment rate is now 10.2 percent and most
economists expect it to climb higher.
(3) The Federal deficit has reached $1,400,000,000,000 for
2009.
(4) The jobless recovery suggests that the Federal
Government must continue to prime the economy, but the record
deficit is a real obstacle.
(5) Following their $700,000,000,000 bailout, Wall Street
is now enjoying a resurgence in profits and bonuses.
(6) A robust economy needs more than Wall Street profits.
Main Street America is strengthened by good paying jobs for all
Americans, not just Wall Street bankers.
(7) To restore Main Street America, a small securities
transaction tax on Wall Street should be invested in job
creation for Main Street America.
(8) A securities transaction tax on Wall Street has a
negligible impact on the average investor and pension funds.
(9) This transfer tax would be assessed on the sale and
purchase of financial instruments such as stocks, options, and
futures. A quarter percent (0.25 percent) tax on financial
transactions could raise approximately $150,000,000,000 a year.
(10) The United States had a transfer tax from 1914 to
1966. The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331,
38 Stat. 745)) levied a 0.2 percent tax on all sales or
transfers of stock. In 1932, Congress more than doubled the tax
to help financial recovery and job creation during the Great
Depression.
(11) Half the revenue generated by this transaction tax
will be used to directly reduce the deficit.
(12) Half of the revenue generated by this transaction tax
will deposited in a Job Creation Reserve to fund the creation
of good paying jobs and put Americans back to work rebuilding
our Nation.
SEC. 3. JOB CREATION RESERVE FOR INVESTMENTS IN MIDDLE CLASS JOBS.
(a) In General.--For budgetary purposes, half the additional
Federal receipts by reason of the enactment of this Act shall be held
in a separate account to be known as the ``Job Creation Reserve''. The
Job Creation Reserve shall be available to offset the additional costs
from the Surface Transportation Authorization Act of 2009 and
subsequent legislation to fund job creation in the United States
provided that the subsequent legislation--
(1) promotes jobs that pay at least the median wage of the
United States;
(2) promotes manufacturing and other jobs we are losing to
unfair overseas competition; and
(3) prohibits any recipient of the Troubled Asset Relief
Program from directly benefitting from any funds in this
reserve.
(b) Procedure for Adjustments.--
(1) Budget committee chairman.--After the reporting of a
bill or joint resolution, or the offering of an amendment
thereto or the submission of a conference report thereon,
providing funding for the purposes set forth in subsection (a)
in excess of the amounts provided for those purposes for fiscal
year 2010, the chairman of the Committee on the Budget of the
applicable House of Congress shall make the adjustments set
forth in paragraph (2) for the amount of new budget authority
and outlays in that measure and the outlays flowing from that
budget authority.
(2) Matters to be adjusted.--The adjustments referred to in
paragraph (1) are to be made to--
(A) the discretionary spending limits, if any, set
forth in the appropriate concurrent resolution on the
budget;
(B) the allocations made pursuant to the
appropriate concurrent resolution on the budget
pursuant to section 302(a) of the Congressional Budget
Act of 1974; and
(C) the budget aggregates contained in the
appropriate concurrent resolution on the budget as
required by section 301(a) of the Congressional Budget
Act of 1974.
(3) Amounts of adjustments.--The adjustments referred to in
paragraphs (1) and (2) shall not exceed half the receipts
estimated by the Congressional Budget Office that are
attributable to this Act for the fiscal year in which the
adjustments are made.
SEC. 4. DEFICIT REDUCTION.
It is the Sense of Congress that half the additional Federal
receipts by reason of the enactment of this Act shall not be expended
and therefore reduce the Federal deficit. The Committee on the Budget
shall clearly report this deficit reduction in the committee report for
the budget resolution.
SEC. 5. RECOUPMENT OF WALL STREET BAILOUT.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Securities Transactions
``Sec. 4475. Tax on securities transactions.
``SEC. 4475. TAX ON SECURITIES TRANSACTIONS.
``(a) Imposition of Tax.--
``(1) Stocks.--There is hereby imposed a tax on each
covered transaction in a stock contract of 0.25 percent of the
value of the instruments involved in such transaction.
``(2) Futures.--There is hereby imposed a tax on each
covered transaction in a futures contract of 0.02 percent of
the value of the instruments involved in such transaction.
``(3) Swaps.--There is hereby imposed a tax on each covered
transaction in a swaps contract of 0.02 percent of the value of
the instruments involved in such transaction.
``(4) Credit default swaps.--There is hereby imposed a tax
on each covered transaction in a credit default swaps contract
of 0.02 percent of the value of the instruments involved in
such transaction.
``(5) Options.--There is hereby imposed a tax on each
covered transaction in an options contract with respect to a
transaction described in paragraph (1), (2), (3), or (4) of--
``(A) the rate imposed with respect to such
underlying transaction under paragraph (1), (2), (3),
or (4) (as the case may be), multiplied by
``(B) the premium paid on such option.
``(b) Exception for Retirement Accounts, etc.--No tax shall be
imposed under subsection (a) with respect to any stock contract,
futures contract, swaps contract, credit default swap, or options
contract which is held in any plan, account, or arrangement described
in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530.
``(c) Exception for Interests in Mutual Funds.--No tax shall be
imposed under subsection (a) with respect to the purchase or sale of
any interest in a regulated investment company (as defined in section
851) or of any derivative of such an interest.
``(d) By Whom Paid.--
``(1) In general.--The tax imposed by this section shall be
paid by--
``(A) in the case of a transaction which occurs on
a trading facility located in the United States, such
trading facility, or
``(B) in any other case, the purchaser with respect
to the transaction.
``(2) Withholding if buyer is not a united states person.--
See section 1447 for withholding by seller if buyer is a
foreign person.
``(e) Covered Transaction.--The term `covered transaction' means
any purchase or sale if--
``(1) such purchase or sale occurs on a trading facility
located in the United States, or
``(2) the purchaser or seller is a United States person.
``(f) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.''.
(b) Credit for First $100,000 of Stock Transactions Per Year.--
Subpart C of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after section 36A the following new section:
``SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES.
``(a) Allowance of Credit.--In the case of any purchaser with
respect to a covered transaction, there shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year an amount
equal to the lesser of--
``(1) the aggregate amount of tax imposed under section
4475 on covered transactions during the taxable year with
respect to which the taxpayer is the purchaser, or
``(2) $250 ($500 in the case of a joint return).
``(b) Aggregation Rule.--For purposes of this section, all persons
treated as a single employer under subsection (a) or (b) of section 52,
or subsection (m) or (o) of section 414, shall be treated as one
taxpayer.
``(c) Definitions.--For purposes of this section, any term used in
this section which is also used in section 4475 shall have the same
meaning as when used in section 4475.''.
(c) Withholding.--Subchapter A of chapter 3 of such Code is amended
by adding at the end the following new section:
``SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS.
``(a) In General.--In the case of any outbound securities
transaction, the transferor shall deduct and withhold a tax equal to
the tax imposed under section 4475 with respect to such transaction.
``(b) Outbound Securities Transaction.--For purposes of this
section, the term `outbound securities transaction' means any covered
transaction to which section 4475(a) applies if--
``(1) such transaction does not occur on a trading facility
located in the United States, and
``(2) the purchaser with respect to such transaction in not
a United States person.''.
(d) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36B,'' after ``36A,''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(3) The table of subchapters for chapter 36 of the Internal
Revenue Code of 1986 is amended by inserting after the item
relating to subchapter B the following new item:
``Subchapter C. Tax on securities transactions.''.
(4) The table of sections for subchapter A of chapter 3 of
such Code is amended by adding at the end the following new
item:
``Sec. 1447. Withholding on securities transactions.''.
(5) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:
``Sec. 36B. Credit for securities transaction taxes.''.
(e) Effective Date.--The amendments made by this section shall
apply to transactions occurring more than 180 days after the date of
the enactment of this Act.
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Let Wall Street Pay for the Restoration of Main Street Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on certain securities transactions, including transactions in stocks, futures, swaps, credit default swaps, and options. Exempts transactions for securities held in tax-exempt retirement accounts, health savings accounts, educational accounts, and regulated investment companies. Allows the purchaser of securities a credit against the excise tax for the lesser of the tax incurred or $250 ($500 for married couples filing joint tax returns). Requires withholding of excise tax amounts by the transferor of securities subject to the tax.
Requires one-half of the tax revenues raised by this Act to be held in a separate Job Creation Reserve account to offset additional costs from the Surface Transportation Authorization Act of 2009 and subsequent legislation to fund job creation.
Expresses the sense of Congress that one-half of the tax revenues raised by this Act shall be used to reduce the federal deficit.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Americans Financial Literacy
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Since 2007, there has been a nearly 20-percent drop in
the number of 18-year-olds with bank accounts, and in 2012,
nearly one in three Americans don't pay their bills on time.
(2) Ninety percent of Americans believe all high school
students should be required to take a class in financial
education.
(3) Eighty percent of parents believe schools are teaching
money management and budgeting, while over 70 percent of
teachers are not teaching financial literacy.
(4) According to a 2010 survey, only a few States have
adopted varying degrees of financial literacy curriculum, and
only four States require high school students to take a
semester long course.
(5) Two in five U.S. adults gave themselves a C, D or F on
their knowledge of personal finance. In 2011, 76 percent
admitted they could benefit from additional advice and answers
to everyday financial questions from a professional.
(6) Two in five adults indicated that they are now saving
less than they were one year ago.
(7) Most adults feel that their financial literacy skills
are inadequate, yet they do not rely on anyone else to handle
their finances; they feel it is important to know more but have
received no financial education.
(8) It is necessary to respond immediately to the pressing
needs of individuals faced with the loss of their financial
stability, however increased attention must also be paid to
financial literacy education reform and long-term solutions to
prevent future personal financial disasters.
(9) There is an urgent need to respond to the economic
recovery with research-based financial literacy education
programs to reach individuals at all ages and socioeconomic
levels, particularly those facing unique and challenging
financial situations, such as high school graduates entering
the workforce, soon-to-be and recent college graduates, young
families, and the unique needs of military personnel and their
families.
(10) More than 70 percent of parents say they have spoken
with their teens about credit and using credit cards wisely,
while less than 44 percent of the teenaged children of those
respondents say their parents have talked to them about credit
cards.
(11) Seventy-six percent of parents surveyed said their
high school student does not have a budget.
(12) Seventy-five percent of 16 to 18-year-olds say
learning more about budgeting and money management is one of
their top priorities. Researchers document a ``snowball
effect'' that such early efforts exponentially increase the
likelihood that students will pursue more financial education
as time goes on.
(13) High school and college students who are exposed to
cumulative financial education show an increase in financial
knowledge, which in turn drives increasingly responsible
behavior as they become young adults.
(14) Sixty percent of parents identify their teens as
``quick spenders'', and most acknowledge they could do a better
job of teaching and preparing kids for the financial challenges
of adulthood, including budgeting, saving, and investing.
(15) Ninety-three percent of teens surveyed in a 2012
report say they are not involved in paying household bills or
managing the household budget. Forty-six percent admit to not
knowing how to create a budget.
(16) The majority (52 percent) of young adults between the
ages of 23-28 consider ``making better choices about managing
money'' the single most important issue for individual
Americans to act on today.
(17) According to the Government Accountability Office,
giving Americans the information they need to make effective
financial decisions can be key to their well-being and to the
country's economic health. The recent financial crisis, when
many borrowers failed to fully understand the risks associated
with certain financial products, underscored the need to
improve individuals' financial literacy and empower all
Americans to make informed financial decisions. This is
especially true for young people as they are earning their
first paychecks, securing student aid, and establishing their
financial independence. Therefore, focusing economic education
and financial literacy efforts and best practices for young
people between the ages of 8-24 is of utmost importance.
SEC. 3. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN FINANCIAL LITERACY EDUCATION.
(a) In General.--The Director of the Bureau of Consumer Financial
Protection, in consultation with the Financial Literacy and Education
Commission established under the Financial Literacy and Education
Improvement Act, may make competitive grants to and enter into
agreements with eligible institutions to establish centers of
excellence to support research, development and planning,
implementation, and evaluation of effective programs in financial
literacy education for young people and families ages 8 through 24
years old.
(b) Authorized Activities.--Activities authorized to be funded by
grants made under subsection (a) shall include the following:
(1) Developing and implementing comprehensive research
based financial literacy education programs for young people--
(A) based on a set of core competencies and
concepts established by the Director, including goal
setting, planning, budgeting, managing money or
transactions, tools and structures, behaviors,
consequences, both long- and short-term savings,
managing debt and earnings; and
(B) which can be incorporated into educational
settings through existing academic content areas,
including materials that appropriately serve various
segments of at-risk populations, particularly minority
and disadvantaged individuals.
(2) Designing instructional materials using evidence-based
content for young families and conducting related outreach
activities to address unique life situations and financial
pitfalls, including bankruptcy, foreclosure, credit card
misuse, and predatory lending.
(3) Developing and supporting the delivery of professional
development programs in financial literacy education to assure
competence and accountability in the delivery system.
(4) Improving access to, and dissemination of, financial
literacy information for young people and families.
(5) Reducing student loan default rates by developing
programs to help individuals better understand how to manage
educational debt through sustained educational programs for
college students.
(6) Conducting ongoing research and evaluation of financial
literacy education programs to assure learning of defined
skills and knowledge, and retention of learning.
(7) Developing research-based assessment and accountability
of the appropriate applications of learning over short and long
terms to measure effectiveness of authorized activities.
(c) Priority for Certain Applications.--The Director shall give a
priority to applications that--
(1) provide clear definitions of ``financial literacy'' and
``financially literate'' to clarify educational outcomes;
(2) establish parameters for identifying the types of
programs that most effectively reach young people and families
in unique life situations and financial pitfalls, including
bankruptcy, foreclosure, credit card misuse, and predatory
lending;
(3) include content that is appropriate to age and
socioeconomic levels;
(4) develop programs based on educational standards,
definitions, and research;
(5) include individual goals of financial independence and
stability; and
(6) establish professional development and delivery systems
using evidence-based practices.
(d) Application and Evaluation Standards and Procedures;
Distribution Criteria.--The Director shall establish application and
evaluation standards and procedures, distribution criteria, and such
other forms, standards, definitions, and procedures as the Director
determines to be appropriate.
(e) Limitation on Grant Amounts.--
(1) In general.--The aggregate amount of grants made under
this section during any fiscal year may not exceed $55,000,000.
(2) Termination.--No grants may be made under this section
after the end of fiscal year 2018.
(f) Definitions.--For purposes of this Act the following
definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(2) Eligible institution.--The term ``eligible
institution'' means a partnership of two or more of the
following:
(A) Institution of higher education.
(B) Local educational agency.
(C) A nonprofit agency, organization, or
association.
(D) A financial institution.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
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Young Americans Financial Literacy Act Authorizes the Director of the Consumer Financial Protection Bureau to make competitive grants to, and enter agreements with, eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8-24 years old. Limits the aggregate amount of grants made under this Act during any fiscal year. Sunsets the grant program at the end of FY2018. Defines "eligible institution" as a partnership of two or more of the following: (1) an institution of higher education; (2) a local educational agency; (3) a nonprofit agency, organization, or association; or (4) a financial institution.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Prices Review
Board Act of 1993''.
SEC. 2. ESTABLISHMENT.
There is established in the Food and Drug Administration a board to
be known as the Patented Medicine Prices Review Board (in this Act
referred to as the ``Board'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Board shall be composed of 5
members appointed by the President, by and with the advice and consent
of the Senate, from among individuals--
(1) who are recognized experts in the fields of consumer
advocacy, medicine, pharmacology, pharmacy, and prescription
drug reimbursement; and
(2) who have not worked in the pharmaceutical industry
during the 1-year period ending on the date of appointment.
(b) Initial Appointments.--Initial appointments under subsection
(a) shall be made not later than 90 days after the date of the
enactment of this Act.
(c) Terms.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each member shall be appointed for a term of 5 years.
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) 1 member shall be appointed for a term of 1
year;
(B) 1 member shall be appointed for a term of 2
years;
(C) 1 member shall be appointed for a term of 3
years;
(D) 1 member shall be appointed for a term of 4
years; and
(E) 1 member shall be appointed for a term of 5
years.
(3) Vacancies.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of that
term. A member may serve after the expiration of the member's
term until a successor has taken office.
(d) Initial Meeting.--The initial meeting of the Board shall be
held not later than 90 days after the date on which the first
appointments of the members have been completed.
(e) Chairperson.--The President shall designate 1 member of the
Board to serve as the chairperson.
(f) Basic Pay.--
(1) In general.--Members shall be paid at a rate not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for grade GS-18 of the General Schedule under
section 5332 of title 5, United States Code, for each day
during which the members are engaged in the actual performance
of the duties of the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
SEC. 4. DIRECTOR AND STAFF.
(a) Director.--The Board shall have a director who shall be
appointed by the chairperson, subject to rules prescribed by the Board.
(b) Staff.--The chairperson may appoint and fix the pay of such
additional personnel as the chairperson considers appropriate, subject
to rules prescribed by the Board.
(c) Applicability of Certain Civil Service Laws.--The director and
staff of the Board shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the requirements of
chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates; except that an
individual so appointed may not receive pay in excess of the maximum
annual rate of basic pay payable for grade GS-15 of the General
Schedule.
SEC. 5. REGULATION OF PRESCRIPTION DRUG PRICING.
(a) Annual Information Requirement.--The Board shall require each
patentee of a prescription drug to provide the Board with information
on an annual basis--
(1) identifying the type of prescription drug sold by the
patentee; and
(2) identifying the price at which the prescription drug is
being sold in the United States.
The Board shall also require each such patentee to provide the Board
with information describing the costs of producing and marketing the
prescription drug for sale in the United States. Such information shall
be provided at a level of specificity necessary for the Board to make
its determination under subsection (b).
(b) Decrease in Length of Patent Term.--
(1) In general.--The Board shall decrease the length of a
term of a patent issued under section 151 of title 35, United
States Code, for a prescription drug, after notice and an
opportunity for a hearing, if the patentee of such drug charges
an excessive price for such drug. If the patentee charged an
excessive price for a drug which has gone off patent, the Board
may select another drug of the patentee to have its length of
patent term reduced.
(2) Excessive price.--
(A) In general.--For purposes of paragraph (1), the
term ``excessive price'' means the average price
charged by the patentee for a prescription drug during
the calendar year preceding the date on which the Board
gives notice to the patentee under paragraph (1), if
such price for such calendar year, adjusted for cost-
of-living, as determined by the Board, exceeds the
average price for such drug charged by the patentee for
the calendar year preceding such year in an amount
determined by the Board to be excessive under
subparagraph (B).
(B) Excessive amount.--In determining if an amount
of increase in a drug price is excessive, the Board
shall consider--
(i) the average price at which the patentee
sold the drug during the 5-year period ending
on the date on which the Board gives notice to
the patentee under paragraph (1);
(ii) the average prices of other
prescription drugs in the same therapeutic
class sold in the United States during such
period;
(iii) the average price at which the
prescription drug and other prescription drugs
in the same therapeutic class have been sold in
countries other than the United States during
such period;
(iv) the costs associated with producing
and marketing the prescription drug during such
period and the value of any support provided by
Federal agencies, the value of any tax benefit
provided to the patentee in the development of
the drug, the amount of compensation provided
to officers of the patentee, and other factors
determinative as to the true cost of
production; and
(v) if the price of the drug exceeds the
CPI increase percentage (as defined in section
215(i) of the Social Security Act) by more than
2 percent.
(3) Length of term decrease.--The Board shall determine the
length of the decrease of a term of a patent for a prescription
drug described in paragraph (1).
(c) Authority To Recapture Certain Tax Benefits.--
(1) In general.--If the Board determines, after notice and
an opportunity for a hearing, that the patentee of any
prescription drug charges an excessive price for such drug, the
Board may require the recapture of tax benefits provided to the
patentee with respect to such drug.
(2) Recapture.--
(A) In general.--If the Board requires the
recapture of tax benefits with respect to any
prescription drug, the patentee's tax under chapter 1
of the Internal Revenue Code of 1986 for each taxable
year specified by the Board shall be increased by the
aggregate of the recapture amounts with respect to
sales of such drug during such taxable year.
(B) Recapture amount.--For purposes of subparagraph
(A), the recapture amount with respect to the sale of
any prescription drug is the lesser of--
(i) the portion of the price of such drug
which the Board determines is excessive, or
(ii) the amount which the Board determines
is such sales pro rata share of the tax
benefits received by the patentee in connection
with the research for, and development of, such
drug.
(3) No credits against tax, etc.--Any increase in tax by
reason of this subsection shall not be treated as a tax imposed
by chapter 1 of such Code for purposes of determining--
(A) the amount of any credit under subpart A, B, D,
or G of part IV of subchapter A of such chapter, or
(B) the minimum tax under section 55 of such Code.
(d) Manufacture and Sale of Drugs.--If the Board determines, after
notice and an opportunity for a hearing, that the patentee of any
prescription drug charges an excessive price for such drug, the Board
may, either directly or by contract, manufacture and sell such drug.
(e) Increase in Length of Patent Term.--
(1) In general.--Upon application of the patentee, the
Board may increase the length of a term of a patent issued
under section 151 of title 35, United States Code, for a
prescription drug, if--
(A) the Board determines that the patentee of such
drug has not charged an excessive price for such drug
during the 5-year period ending on the date the
patentee applies to the Board, as determined by the
Board using rules similar to the rules applicable under
subsection (b); and
(B) the patentee provides assurances satisfactory
to the Board that it will not charge an excessive price
for such drug for any period during the extension of
the term.
(2) Length of term increase.--
(A) In general.--Subject to subparagraph (B), the
Board shall determine the length of the increase of a
term of a patent for a prescription drug described in
paragraph (1).
(B) Limitation.--The Board may not increase the
length of a term of such patent in excess of 10 percent
of the length of the original term of such patent.
(f) Regulations.--
(1) In general.--Not later than 1 year after the date of
the initial meeting held under section 3(e), the Board shall
develop regulations to carry out subsections (a), (b), (c),
(d), and (e).
(2) Notice and comment requirement.--The regulations
developed under paragraph (1) shall be issued in accordance
with the notice and comment procedures established under
section 553 of title 5, United States Code.
(g) Definitions.--For purposes of this section, the following
definitions apply:
(1) Patentee.--The term ``patentee'' has the meaning given
such term in section 100(d) of title 35, United States Code.
(2) Prescription drug.--The term ``prescription drug''
means a drug (as defined in section 201(g)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321 (g)(1))) which is
subject to regulation under section 503(b) of such Act.
SEC. 6. PROVISION OF REPORT TO FEDERAL AGENCIES RELATING TO
PRESCRIPTION DRUGS SOLD AT EXCESSIVE PRICES.
(a) In General.--The Board shall provide on an annual basis to each
Federal agency which dispenses or makes payments for the dispensing of
prescription drugs a report containing--
(1) a list of each prescription drug which is sold at an
excessive price, as determined by the Board under section
5(b)(2);
(2) recommendations to the Federal agency against
dispensing or making payments for the dispensing of the
prescription drug; and
(3) recommendations to the Federal agency to substitute the
drug with a similar prescription drug which is not sold at an
excessive price.
(b) Prescription Drug Defined.--For purposes of this section, the
term ``prescription drug'' has the meaning given such term in section
5(e)(2).
SEC. 7. POWERS.
(a) Obtaining Official Data.--The chairperson may secure directly
from any Federal agency information necessary to enable the Board to
carry out its duties. Upon request of the chairperson, the head of the
agency shall furnish such information to the Board to the extent such
information is not prohibited from disclosure by law.
(b) Mails.--The Board may use the United States mails in the same
manner and under the same conditions as other Federal agencies.
(c) Administrative Support Services.--Upon the request of the
chairperson, the Administrator of General Services shall provide to the
Board on a reimbursable basis, the administrative support services
necessary for the Board to carry out its duties.
(d) Contract Authority.--The chairperson may contract with and
compensate government and private agencies or persons for the purpose
of conducting research, surveys, and other services necessary to enable
the Board to carry out its duties.
(e) Investigations.--The Board may make such investigations as it
considers necessary to determine whether there is or may be a violation
of any regulation promulgated under this Act and may require or permit
any person to file with it a statement in writing, under oath or
otherwise as the Board shall determine, as to all the facts and
circumstances concerning the matter to be investigated.
(f) Subpoena Power.--
(1) In general.--The Board may issue subpoenas requiring
the attendance and testimony of witnesses and the production of
any evidence relating to any matter under investigation by the
Board. 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.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Board may apply
to a United States district court for an order requiring that
person to appear before the Board 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.
(3) Service of subpoenas.--The subpoenas of the Board shall
be served in the manner provided for subpoenas issued by a
United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
SEC. 8. ASSISTANCE FOR THE BOARD.
The Director of the National Institutes of Health, the Commissioner
of the Food and Drug Administration, and the Director of the Center for
Disease Control shall report to the Board the amount of any subsidy
paid through such agency to a patentee.
SEC. 9. REPORT.
Not later than 1 year after the initial meeting of the Board under
section 3(e), and annually thereafter, the Board shall submit to the
Congress a report describing the activities of the Board for the
preceding year.
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Prescription Drug Prices Review Board Act of 1993 - Establishes in the Food and Drug Administration the Patented Medicine Prices Review Board which shall have the power to decrease the length of term of a prescription drug patent if, after notice and a hearing, it is found that the drug's price is excessive. Defines the term excessive price. Allows the Board to require the recapture of tax benefits provided to the patentee of an excessively priced drug.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Contractor Proper
Classification Act of 2007''.
SEC. 2. REFORMATION OF SAFE HARBOR TO CLOSE ITS USE AS A TAX LOOPHOLE.
(a) Allowance of Prospective Reclassifications.--
(1) In general.--Section 530(a) of the Revenue Act of 1978,
as amended by section 269(c)(1) of the Tax Equity and Fiscal
Responsibility Act of 1982, is amended by adding at the end the
following new paragraph:
``(5) Allowance of reclassifications.--Paragraph (1) shall
not apply with respect to the treatment by a taxpayer of any
individual for employment tax purposes for any period beginning
after a determination by the Secretary of the Treasury that the
individual should be treated as an employee of the taxpayer.''.
(2) Effective date.--The amendment made by this subsection
shall apply to determinations made after the date of the
enactment of this Act.
(b) Elimination of Ban on IRS Issuing Regulations or Revenue
Rulings on Employee/independent Contractor Status.--
(1) In general.--Section 530 of the Revenue Act of 1978, as
amended by section 269(c)(2) of the Tax Equity and Fiscal
Responsibility Act of 1982, section 1706(a) of the Tax Reform
Act of 1986, section 1122(a) of the Small Business Job
Protection Act of 1996, and section 864(a) of the Pension
Protection Act of 2006, is amended by striking subsection (b)
and by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(c) Elimination of Ability of Employers To Rely on Industry
Practice as a Basis for Claiming Safe Harbor.--
(1) In general.--Section 530(a)(2) of the Revenue Act of
1978 is amended--
(A) by striking the semicolon at the end of
subparagraph (A) and inserting ``; or'',
(B) by striking the semicolon at the end of
subparagraph (B) and inserting a period, and
(C) by striking subparagraph (C).
(2) Conforming amendments.--
(A) Section 530(d)(2) of the Revenue Act of 1978,
as redesignated by subsection (b)(1), is amended--
(i) by striking the comma at the end of
subparagraph (A) and inserting a period,
(ii) by striking subparagraphs (B) and (C),
and
(iii) by striking ``subsection (a)(2)'' in
the matter preceding subparagraph (A) and all
that follows through ``a taxpayer'' and
inserting ``subsection (a)(2), a taxpayer''.
(B) Section 530(d)(4)(B) of such Act (as so
redesignated) is amended by striking ``subparagraph
(A), (B), or (C)'' and inserting ``subparagraph (A) or
(B)''.
(3) Effective date.--The amendments made by this subsection
shall apply to periods beginning after the date which is 60
days after the date of the enactment of this Act.
SEC. 3. REVIEW OF CLASSIFICATION STATUS.
(a) In General.--Section 530 of the Revenue Act of 1978, as amended
by section 2(b)(1), is amended by adding at the end the following new
subsections:
``(f) Petitions for Review of Status.--
``(1) In general.--Under procedures established by the
Secretary of the Treasury not later than 90 days after the date
of the enactment of this subsection, any individual who
performs services for a taxpayer may petition (either
personally or through a designated representative or attorney)
for a determination of the individual's status for employment
tax purposes.
``(2) Administrative procedures.--The procedures
established under paragraph (1) shall provide for--
``(A) a determination of status not later than 90
days after the filing of the petition with respect to
employment in any industry (such as the construction
industry) in which employment is transient, casual, or
seasonal,
``(B) an administrative appeal of any determination
that an individual is not an employee of the taxpayer,
``(C) the award of expenses, including expert
witness fees and reasonable attorneys' fees for the
individual against the taxpayer in any case in which
the individual achieves reclassification, and
``(D) the assessment of such expenses against the
taxpayer by the Secretary of the Treasury on behalf of
such individual.
``(3) Prohibition against retaliation.--
``(A) In general.--No taxpayer may discharge an
individual, refuse to contract with an individual, or
otherwise discriminate against an individual with
respect to compensation, terms, conditions, or
privileges of the services provided by the individual
because the individual (or any designated
representative or attorney on behalf of such
individual) filed a petition under paragraph (1).
``(B) Enforcement action.--An individual who
alleges discharge or other discrimination by any
taxpayer in violation of subparagraph (A) may seek
relief under the procedures and remedies established
under section 42121 of title 49, United States Code.
``(C) Rights retained by individual.--Nothing in
this paragraph shall be deemed to diminish the rights,
privileges, or remedies of any individual under any
Federal or State law, or under any collective
bargaining agreement.
``(g) Results of Misclassification Determinations.--In any case in
which the Secretary of the Treasury determines that a taxpayer has
misclassified an individual as not an employee for employment tax
purposes, the Secretary of the Treasury shall--
``(1) if necessary, perform an employment tax audit of such
taxpayer,
``(2) inform the Department of Labor about such
misclassification,
``(3) notify the individual of any eligibility for the
refund of self-employment taxes under chapter 2 of the Internal
Revenue Code of 1986, and
``(4) apply the provisions of section 3509 of the Internal
Revenue Code of 1986 and direct the taxpayer to take
affirmative action to abate the violation.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. COORDINATION, ENFORCEMENT, AND COMPLIANCE.
(a) Annual Reports.--The Secretary of the Treasury and the
Secretary of Labor shall each issue annual reports on worker
misclassification, including--
(1) information on the number and type of enforcement
actions against, and audits of, employers who have
misclassified workers,
(2) relief obtained as a result of such actions against,
and audits of, employers who have misclassified workers,
(3) an overall estimate of the number of employers
misclassifying workers, the number of workers affected, and the
industries involved,
(4) the impact of such misclassification on the Federal tax
system, and
(5) the aggregate number of worker misclassification cases
with respect to which each Secretary has provided information
to the other Secretary and the outcome of actions taken, if
any, by each Secretary in each worker misclassification case
with respect to which the Secretary has received such
information.
As part of the annual report, the Secretary of the Treasury shall
include information on the outcomes of the petitions filed under
section 530(f) of the Revenue Act of 1978 and the Secretary of Labor
shall include information on the outcomes of the complaints and actions
described in subsection (b)(1)(A) and the investigations required in
subsection (b)(1)(B).
(b) Enforcement Activities.--
(1) Department of labor.--
(A) Wage and hour enforcement.--The Secretary of
Labor shall identify and track complaints and
enforcement actions involving misclassification of
independent contractors for the purposes of the laws
enforced by the Wage and Hour Division of the
Department of Labor.
(B) Investigations of industries with worker
misclassifications.--The Secretary of Labor shall
conduct investigations of industries in which worker
misclassification is present as determined by
information (other than return information (as defined
in section 6103(b)(2)) received from the Secretary of
the Treasury and any other relevant information,
including reports from other Federal agencies and State
workforce, labor, and revenue agencies.
(2) Authorization of appropriations.--There is authorized
such sums as are necessary for the Department of the Treasury
and the Department of Labor to carry out the purposes of the
provisions of, and amendments made by, this Act.
(3) Information sharing.--The Secretary of the Treasury and
the Secretary of Labor shall exchange information on worker
misclassification cases and shall provide such information with
relevant State agencies. Upon receipt of such information, the
Secretary of the Treasury and the Secretary of Labor shall
determine whether further investigation is warranted in each
case.
SEC. 5. NOTICE TO EMPLOYEES AND INDEPENDENT CONTRACTORS AND MAINTENANCE
OF INFORMATION REGARDING INDEPENDENT CONTRACTORS.
(a) Notice of Right To Challenge Classification.--The Secretary of
Labor shall provide for the placement of information on any poster
required under the Fair Labor Standards Act informing workers of their
right to seek a status determination from the Internal Revenue Service.
(b) Employer Notices to Independent Contractors.--Each employer
shall notify any individual who is hired by the employer as an
independent contractor within the scope of the employer's trade or
business, at the time of hire, of the Federal tax obligations of an
independent contractor, the labor and employment law protections that
do not apply to independent contractors, and the right of such
independent contractor to seek a status determination from the Internal
Revenue Service. The Secretary of the Treasury and the Secretary of
Labor shall develop model materials for providing such notice.
(c) Maintenance of Information Regarding Independent Contractors.--
Each employer shall maintain for 3 years a list of the independent
contractors retained by the employer, including name, address, Social
Security number and Federal tax identification number, and shall make
the records available for inspection during investigations.
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Independent Contractor Proper Classification Act of 2007 - Amends the Revenue Act of 1978 to: (1) require employers to treat workers misclassified as independent contractors as employees for employment tax purposes upon a determination of misclassification by the Secretary of the Treasury; (2) repeal the ban on Treasury regulations or revenue rulings on employee/independent contractor classifications; and (3) eliminate the defense of industry practice as a justification for misclassifying workers as independent contractors.
Requires the Secretary to establish a procedure for workers to petition for a determination of their status as employees or independent contractors. Prohibits employers from retaliating against workers filing a petition. Requires the Secretary to take certain actions upon determining that an employee has been misclassified as an independent contractor, including informing the Department of Labor of such misclassification.
Requires the Secretaries of the Treasury and Labor to issue annual reports and exchange information on worker misclassification cases. Directs the Secretary of Labor to: (1) identify and track complaints involving worker misclassification for purposes of enforcing wage and hour laws; and (2) investigate industries identified by the Internal Revenue Service (IRS) as misclassifying workers.
Directs the Secretary of Labor to include on workplace posters required by the Fair Labor Standards Act a notice informing workers of their right to seek a status determination (i.e., whether they are employees or independent contractors) from the IRS.
Requires employers to: (1) notify their independent contractors of their federal tax obligations, the labor and employment protections inapplicable to independent contractors, and their right to seek a status determination from the IRS; and (2) maintain for three years a list of their independent contractors, including names and tax identification numbers.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may cited as the ``Early Hearing Detection and
Intervention Act of 2015''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Deaf and hard-of-hearing newborns, infants, toddlers,
and young children require access to specialized early
intervention providers and programs in order to help them meet
their linguistic and cognitive potential.
(2) Families of deaf and hard-of-hearing newborns, infants,
toddlers, and young children benefit from comprehensive early
intervention programs that assist them in supporting their
child's development in all domains.
(3) Best practices principles for early intervention for
deaf and hard-of-hearing newborns, infants, toddlers, and young
children have been identified in a range of areas including
listening and spoken language and visual and signed language
acquisition, family-to-family support, support from individuals
who are deaf or hard-of-hearing, progress monitoring, and
others.
(4) Effective hearing screening and early intervention
programs must be in place to identify hearing levels in deaf
and hard-of-hearing newborns, infants, toddlers, and young
children so that they may access appropriate early intervention
programs in a timely manner.
SEC. 3. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, DIAGNOSIS, AND
TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS,
INFANTS, AND YOUNG CHILDREN.
Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is
amended to read as follows:
``SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF
AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG
CHILDREN.
``(a) Health Resources and Services Administration.--The Secretary,
acting through the Administrator of the Health Resources and Services
Administration, shall make awards of grants or cooperative agreements
to develop statewide newborn, infant, and young childhood hearing
screening, diagnosis, evaluation, and intervention programs and
systems, and to assist in the recruitment, retention, education, and
training of qualified personnel and health care providers for the
following purposes:
``(1) To develop and monitor the efficacy of statewide
programs and systems for hearing screening of newborns,
infants, and young children, prompt evaluation and diagnosis of
children referred from screening programs, and appropriate
educational, audiological, and medical interventions for
children confirmed to be deaf or hard-of-hearing, consistent
with the following:
``(A) Early intervention includes referral to and
delivery of information and services by organizations
such as schools and agencies (including community,
consumer, and parent-based agencies), pediatric medical
homes, and other programs mandated by part C of the
Individuals with Disabilities Education Act, which
offer programs specifically designed to meet the unique
language and communication needs of deaf and hard-of-
hearing newborns, infants, and young children.
``(B) Information provided to parents must be
accurate, comprehensive, and, where appropriate,
evidence-based, allowing families to make important
decisions for their child in a timely way, including
decisions relating to all possible assistive hearing
technologies (such as hearing aids, cochlear implants,
and osseointegrated devices) and communication options
(such as visual and sign language, listening and spoken
language, or both).
``(C) Programs and systems under this paragraph
shall offer mechanisms that foster family-to-family and
deaf and hard-of-hearing consumer-to-family supports.
``(2) To develop efficient models (both educational and
medical) to ensure that newborns, infants, and young children
who are identified through hearing screening receive followup
by qualified early intervention providers, qualified health
care providers, or pediatric medical homes (including by
encouraging State agencies to adopt such models).
``(3) To provide for a technical resource center in
conjunction with the Maternal and Child Health Bureau of the
Health Resources and Services Administration--
``(A) to provide technical support and education
for States; and
``(B) to continue development and enhancement of
State early hearing detection and intervention
programs.
``(b) Technical Assistance, Data Management, and Applied
Research.--
``(1) Centers for disease control and prevention.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall make awards of grants or
cooperative agreements to State agencies or their designated
entities for development, maintenance, and improvement of data
tracking and surveillance systems on newborn, infant, and young
childhood hearing screenings, audiologic evaluations, medical
evaluations, and intervention services; to conduct applied
research related to services and outcomes, and provide
technical assistance related to newborn, infant, and young
childhood hearing screening, evaluation, and intervention
programs, and information systems; to ensure high-quality
monitoring of hearing screening, evaluation, and intervention
programs and systems for newborns, infants, and young children;
and to coordinate developing standardized procedures for data
management and assessing program and cost effectiveness. The
awards under the preceding sentence may be used--
``(A) to provide technical assistance on data
collection and management;
``(B) to study and report on the costs and
effectiveness of newborn, infant, and young childhood
hearing screening, evaluation, diagnosis, intervention
programs, and systems;
``(C) to collect data and report on newborn,
infant, and young childhood hearing screening,
evaluation, diagnosis, and intervention programs and
systems that can be used--
``(i) for applied research, program
evaluation, and policy development; and
``(ii) to answer issues of importance to
State and national policymakers;
``(D) to identify the causes and risk factors for
congenital hearing loss;
``(E) to study the effectiveness of newborn,
infant, and young childhood hearing screening,
audiologic evaluations, medical evaluations, and
intervention programs and systems by assessing the
health, intellectual and social developmental,
cognitive, and hearing status of these children at
school age; and
``(F) to promote the integration, linkage, and
interoperability of data regarding early hearing loss
and multiple sources to increase information exchanges
between clinical care and public health including the
ability of States and territories to exchange and share
data.
``(2) National institutes of health.--The Director of the
National Institutes of Health, acting through the Director of
the National Institute on Deafness and Other Communication
Disorders, shall, for purposes of this section, continue a
program of research and development related to early hearing
detection and intervention, including development of
technologies and clinical studies of screening methods,
efficacy of interventions, and related research.
``(c) Coordination and Collaboration.--
``(1) In general.--In carrying out programs under this
section, the Administrator of the Health Resources and Services
Administration, the Director of the Centers for Disease Control
and Prevention, and the Director of the National Institutes of
Health shall collaborate and consult with--
``(A) other Federal agencies;
``(B) State and local agencies, including those
responsible for early intervention services pursuant to
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) (Medicaid Early and Periodic Screening, Diagnosis
and Treatment Program); title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.) (State
Children's Health Insurance Program); title V of the
Social Security Act (42 U.S.C. 701 et seq.) (Maternal
and Child Health Block Grant Program); and part C of
the Individuals with Disabilities Education Act (20
U.S.C. 1431 et seq.);
``(C) consumer groups of and that serve individuals
who are deaf and hard-of-hearing and their families;
``(D) appropriate national medical and other health
and education specialty organizations;
``(E) persons who are deaf and hard-of-hearing and
their families;
``(F) other qualified professional personnel who
are proficient in deaf or hard-of-hearing children's
language and who possess the specialized knowledge,
skills, and attributes needed to serve deaf and hard-
of-hearing newborns, infants, toddlers, children, and
their families;
``(G) third-party payers and managed-care
organizations; and
``(H) related commercial industries.
``(2) Policy development.--The Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, and the Director of
the National Institutes of Health shall coordinate and
collaborate on recommendations for policy development at the
Federal and State levels and with the private sector, including
consumer, medical, and other health and education professional-
based organizations, with respect to newborn, infant, and young
childhood hearing screening, evaluation, diagnosis, and
intervention programs and systems.
``(3) State early detection, diagnosis, and intervention
programs and systems; data collection.--The Administrator of
the Health Resources and Services Administration and the
Director of the Centers for Disease Control and Prevention
shall coordinate and collaborate in assisting States--
``(A) to establish newborn, infant, and young
childhood hearing screening, evaluation, diagnosis, and
intervention programs and systems under subsection (a);
and
``(B) to develop a data collection system under
subsection (b).
``(d) Rule of Construction; Religious Accommodation.--Nothing in
this section shall be construed to preempt or prohibit any State law,
including State laws which do not require the screening for hearing
loss of newborns, infants, or young children of parents who object to
the screening on the grounds that such screening conflicts with the
parents' religious beliefs.
``(e) Definitions.--For purposes of this section:
``(1) The term `audiologic', when used in connection with
evaluation, refers to procedures--
``(A) to assess the status of the auditory system;
``(B) to establish the site of the auditory
disorder, the type and degree of hearing loss, and the
potential effects of hearing loss on communication; and
``(C) to identify appropriate treatment and
referral options, including--
``(i) linkage to State coordinating
agencies under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et
seq.) or other appropriate agencies;
``(ii) medical evaluation;
``(iii) hearing aid/sensory aid assessment;
``(iv) audiologic rehabilitation treatment;
and
``(v) referral to national and local
consumer, self-help, parent, and education
organizations, and other family-centered
services.
``(2) The term `early intervention' refers to--
``(A) providing appropriate services for the child
who is deaf or hard of hearing, including nonmedical
services; and
``(B) ensuring the family of the child is--
``(i) provided comprehensive, consumer-
oriented information about the full range of
family support, training, information services,
and language and communication options; and
``(ii) given the opportunity to consider
and obtain the full range of such appropriate
services, educational and program placements,
and other options for their child from highly
qualified providers.
``(3) The term `medical evaluation' refers to key
components performed by a physician, including history,
examination, and medical decisionmaking focused on symptomatic
and related body systems for the purpose of diagnosing the
etiology of hearing loss and related physical conditions, and
for identifying appropriate treatment and referral options.
``(4) The term `medical intervention' refers to the process
by which a physician provides medical diagnosis and direction
for medical or surgical treatment options for hearing loss or
related medical disorders.
``(5) The term `newborn, infant, and young childhood
hearing screening' refers to objective physiologic procedures
to detect possible hearing loss and to identify newborns,
infants, and young children who require further audiologic
evaluations and medical evaluations.
``(f) Authorization of Appropriations.--
``(1) Statewide newborn, infant, and young childhood
hearing screening, evaluation and intervention programs and
systems.--For the purpose of carrying out subsection (a), there
is authorized to be appropriated to the Health Resources and
Services Administration $17,800,000 for each of fiscal years
2016 through 2020.
``(2) Technical assistance, data management, and applied
research; centers for disease control and prevention.--For the
purpose of carrying out subsection (b)(1), there is authorized
to be appropriated to the Centers for Disease Control and
Prevention $10,800,000 for each of fiscal years 2016 through
2020.
``(3) Technical assistance, data management, and applied
research; national institute on deafness and other
communication disorders.--No additional funds are authorized to
be appropriated for the purpose of carrying out subsection
(b)(2). Such subsection shall be carried out using funds which
are otherwise authorized (under section 402A or other
provisions of law) to be appropriated for such purpose.''.
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Early Hearing Detection and Intervention Act of 2015 This bill amends the Public Health Service Act to expand programs for deaf and hard-of-hearing newborns and infants to include young children. The programs are revised and reauthorized for FY2016-FY2020.
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billsum_train
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Access
Restoration Act of 1999''.
SEC. 2. ADJUSTMENT TO PER BENEFICIARY LIMITS.
(a) Increase in Payment Amount to Agencies With Limits Under the
National Average.--Section 1861(v)(1)(L) of the Social Security Act (42
U.S.C. 1395x(v)(1)(L)), as amended by section 5101(a) of the Tax and
Trade Relief Extension Act of 1998 (Public Law 105-277), is amended--
(1) in clause (v)(I), by inserting ``, clause (ix)'' after
``subject to clause (viii)(I)'';
(2) in clause (viii)(I), by striking ``during or after
fiscal year 1999'' and inserting ``during fiscal year 1999'';
(3) by redesignating clause (ix) as clause (xii); and
(4) by inserting after clause (viii) the following new
clause:
``(ix) In the case of a provider with a 12-month cost reporting
period ending in fiscal year 1994, if the limit imposed under clause
(v) (determined without regard to this subclause) for a cost reporting
period beginning after fiscal year 1999 is less than the median
described in clause (vi)(I) (but determined as if any reference in
clause (v) to `98 percent' were a reference to `100 percent'), the
payment limit for such provider and period shall be equal to--
``(I) for cost reporting periods beginning during fiscal
year 2000, 90 percent of such median;
``(II) for cost reporting periods beginning during fiscal
year 2001, 95 percent of such median; and
``(III) for cost reporting periods beginning during or
after fiscal year 2002, such median.
Each of the amounts specified in subclauses (I) through (III) are such
amounts as adjusted under clause (iii) to reflect variations in wages
among different areas.''.
(b) Establishment of Per Beneficiary Cap; Waiver.--
(1) In general.--Section 1861(v)(1)(L) of such Act (42
U.S.C. 1395x(v)(1)(L)), as amended in subsection (a), is
further amended--
(A) in clause (v)(I), by inserting ``, and clause
(x)'' after ``clause (ix)''; and
(B) by inserting after clause (ix), the following
new clause:
``(x) In the case of a provider with a 12-month cost reporting
period ending in fiscal year 1994, if the limit imposed under clause
(v) (determined without regard to this subclause) for a cost reporting
period beginning after fiscal year 1999 exceeds the median described in
clause (vi)(I) (but determined as if any reference in clause (v) to `98
percent' were a reference to `100 percent'), the payment limit for such
provider and period may not exceed--
``(I) for cost reporting periods beginning during fiscal
year 2000, an amount equal to 250 percent of such median;
``(II) for cost reporting periods beginning during fiscal
year 2001, an amount equal to 225 percent of such median; and
``(III) for cost reporting periods beginning during or
after fiscal year 2002, an amount equal to 200 percent of such
median.
Notwithstanding the previous sentence, in the case of such a provider
that demonstrates to the Secretary (in such form and using such data as
the Secretary requires) that, for a cost reporting period, the
provider, or a unit of the provider, specializes in the treatment of
individuals who, because of age, diagnosis, or other criteria specified
by the Secretary are substantially more costly-than-average to treat,
the amount of payment to that provider or unit for such an individual
for that period is the limitation determined under clause (v).''.
(2) Consultation.--The Secretary of Health and Human
Services shall consult with appropriate organizations,
including such organizations representing providers of home
health services, physicians, and patients in determining the
criteria required for special payment provisions under the
second sentence of clause (x) and under clause (xi) of section
1861(v)(1)(L) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)), including descriptions of the type of patient,
patient condition, unusual variations, and home health service
that qualifies for such payment.
(c) Waiver of Per Beneficiary Limit for Outliers.--
(1) In general.--Section 1861(v)(1)(L) of such Act (42
U.S.C. 1395x(v)(1)(L)), as amended in subsections (a) and (b),
is further amended by inserting after clause (x), the following
new clause:
``(xi)(I) Notwithstanding the applicable limit under clause (v),
(vi), (viii), (ix), or (x), in the case of a provider that demonstrates
to the Secretary that with respect to an individual to whom the
provider furnishes home health services that are appropriate to the
individual's condition (as determined by the Secretary) at a reasonable
cost (as determined by the Secretary), and that such reasonable cost
significantly exceeded such applicable limit because of unusual
variations in the type or amount of medically necessary care (outliers)
required to treat the individual, the Secretary, upon application by
the provider, shall pay to such provider for such individual such
reasonable cost.
``(II) The Secretary shall establish such criteria as is required
for payment under this clause, including a description of the type of
patient, patient condition, unusual variations, and home health service
that qualifies for such payment.
``(III) In making determinations under subclause (I), the Secretary
shall use data from the cost report, or from other data collected by
the Secretary, of the provider for such year.
``(IV) A provider may make an application for payment under this
clause for a fiscal year no earlier than the end of the provider's cost
reporting period beginning in such fiscal year.
``(V) In the case of an application for payment under this clause
that is approved by the Secretary, a provider may elect to receive
payment on a quarterly basis.''.
(2) Effective date.--The amendment made by subsection (a)
takes effect six months after the date of the enactment of this
Act, and applies with respect to applications by home health
agencies for payment of reasonable costs for outliers for cost
reporting periods ending on or after such date.
(d) Reports to Congress.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report describing the
effect of the special payment provisions provided for under the
second sentence of clause (x) and under clause (xi) of section
1861(v)(1)(L) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)). Such report shall include information with
respect to the number of home health agencies that requested
payment under such provisions and the number of such agencies
that received payment under such provisions.
(2) Final report.--Not later than three years after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report that updates the report submitted under
paragraph (1), including additional information with respect to
the illnesses, and the characteristics of such illnesses, of
the patients for whom payment under such special provisions was
requested, and the characteristics of the home health agencies
furnishing home health services to such patients for such
illnesses.
SEC. 3. REVISION OF PER VISIT LIMITS.
Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(i)), as amended by section 5101(b) of the Tax and Trade
Relief Extension Act of 1998 (Public Law 105-277), is amended--
(1) in subclause (IV), by striking ``or'';
(2) in subclause (V)--
(A) by inserting ``and before October 1, 1999,''
after ``October 1, 1998,''; and
(B) by striking the period at the end and inserting
``, or''; and
(3) by adding at the end the following new subclause:
``(V) October 1, 1999, 110 percent of such median.''.
SEC. 4. ELIMINATION OF CONTINGENT 15 PERCENT REDUCTION IN PAYMENT
LIMITS UNDER THE INTERIM PAYMENT SYSTEM.
Section 4603 of the Balanced Budget Act of 1997 (Public Law 105-
33), as amended by section 5101(c)(3) of the Tax and Trade Relief
Extension Act of 1998 (Public Law 105-277) (111 Stat. 471), is amended
by striking subsection (e).
SEC. 5. INFORMATIONAL MATERIALS FOR MEDICARE BENEFICIARIES WITH RESPECT
TO HOME HEALTH SERVICES.
(a) In General.--The Secretary shall prepare a notice of the rights
of individuals entitled to benefits under the medicare program (under
title XVIII of the Social Security Act) to appeal a coverage
determination with respect to items and services furnished to such
individual under the program. In the case of such items and services
consisting of home health services furnished by a home health agency,
the home health agency shall furnish such notice to such an individual
upon discharge by the agency of such individual from such services.
(b) Information for Physicians.--The Secretary shall provide
guidance for physicians contacted by affected individuals to assist
such individuals, including specific guidance in the case of such
individuals for whom home health services are discontinued before the
recommended treatment is complete, but on behalf of whom payment under
the limits established under section 1861(v)(1)(L) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)) has been made in full by the
Secretary to the home health agency. The materials shall include
telephone numbers and such other information to enable the physician to
seek further assistance or clarification from individuals within the
Health Care Financing Administration with appropriate expertise.
(c) Requests for Additional Resources.--The Secretary may submit to
Congress an estimate of additional resources required by the Health
Care Financing Administration to comply with the provisions of the
section. Any such estimate shall be included in the report required
under paragraph (1) of section 2(d).
(d) Effective Date.--By not later than six months after the date of
the enactment of this Act, the Secretary shall begin distributing to
home health agencies furnishing home health services under the medicare
program (under title XVIII of the Social Security Act), and to
physicians furnishing services under such program, the information
prepared under this section.
SEC. 6. COMPTROLLER GENERAL STUDY ON MEDICARE HOME HEALTH BENEFIT.
(a) Study.--
(1) Cost of services.--The Comptroller General of the
United States shall conduct a study on the relationship between
the costs to the medicare program (under title XVIII of the
Social Security Act) for home health services furnished by home
health agencies under the program, and the costs to State and
Federal government programs (including the medicare program and
the medicaid program (under title XIX of such Act)) for
services furnished by rehabilitation agencies, public health
agencies, clinics, comprehensive outpatient rehabilitation
facilities, skilled nursing facilities under the medicare
program, and for long-term care services furnished under the
medicaid program (under title XIX of such Act).
(2) Determination of saving overall to medicare program.--
The Comptroller General shall also determine whether providing
home health services as a benefit under the medicare program
has resulted in lower costs overall to the Federal government.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report describing the results of the study conducted under subsection
(a).
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Amends the Balanced Budget Act of 1997 to eliminate the 15 percent contingent reduction in payment amounts under the interim prospective payment system (PPS) for home health services.
Directs: (1) the Secretary to prepare specified informational materials for assisting Medicare beneficiaries with regard to home health services; and (2) the Comptroller General to study and report to Congress on certain aspects of the Medicare home health benefit, including whether it has resulted in overall lower costs to the Federal Government.
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billsum_train
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in Educational Land-Grant
Status Act of 1993''.
SEC. 2. DEFINITION.
As used in this Act, the term ``1994 Institutions'' means any one
of the following colleges:
(1) Bay Mills Community College.
(2) Blackfeet Community College.
(3) Cheyenne River Community College.
(4) D-Q University.
(5) Dullknife Memorial College.
(6) Fond Du Lac Community College.
(7) Fort Belknap Community College.
(8) Fort Berthold Community College.
(9) Fort Peck Community College.
(10) LacCourte Orielles Ojibwa Community College.
(11) Little Big Horn Community College.
(12) Little Hoop Community College.
(13) Nebraska Indian Community College.
(14) Northwest Indian College.
(15) Oglala Lakota College.
(16) Salish Kootenai College.
(17) Sinte Gleska University.
(18) Sisseton Wahpeton Community College.
(19) Standing Rock College.
(20) Stonechild Community College.
(21) Turtle Mountain Community College.
(22) Navajo Community College.
(23) United Tribes Technical College.
(24) Southwest Indian Polytechnic Institute.
(25) Institute of American Indian and Alaska Native Culture
and Arts Development.
(26) Crownpoint Institute of Technology.
(27) Haskell Indian Junior College.
(28) Leech Lake Tribal College.
(29) College of the Menominee Nation.
SEC. 3. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.
(a) In General.--1994 Institutions shall be considered land-grant
colleges established for the benefit of agriculture and the mechanic
arts in accordance with the provisions of the Act of July 2, 1862 (12
Stat. 503; 7 U.S.C. 301-305, 307, and 308).
(b) Applicability of Related Provisions.--
(1) In general.--Except as provided in paragraph (2), any
provision of any Act of Congress relating to the operation of,
or provision of, assistance to a land-grant college in the
United States, Puerto Rico, the District of Columbia, the
United States Virgin Islands, Guam, American Samoa, or the
Northern Mariana Islands shall apply to 1994 Institutions in
the same manner and to the same extent as such provision
applies to land-grant colleges.
(2) Exceptions.--Except as otherwise provided, this
subsection shall not apply to any Act of Congress to assist
agricultural research at colleges eligible to receive funds
pursuant to the Act of August 30, 1890 (26 Stat. 417, chapter
841; 7 U.S.C. 322 et seq.), the Act of May 8, 1914 (38 Stat.
372, chapter 79; 7 U.S.C. 341 et seq.), or the Act of March 2,
1887 (24 Stat. 440, chapter 314; 7 U.S.C. 361a et seq.).
(c) Authorization of Appropriations.--In lieu of extending to 1994
Institutions, the provisions of the Act of July 2, 1862 (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.), relating to donations of public
land or land scrip for the endowment and maintenance of colleges for
the benefit of agriculture and the mechanic arts, there is authorized
to be appropriated $23,000,000 to 1994 Institutions. Amounts
appropriated pursuant to this section shall be held and considered to
have been granted to 1994 Institutions subject to the provisions of
that Act applicable to the proceeds from the sale of land or land
scrip.
SEC. 4. APPROPRIATIONS.
(a) The Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C.
322 et seq.) is amended--
(1) in section 1 (7 U.S.C. 322)--
(A) by inserting after ``$50,000'' the following:
``, and to each 1994 Institution (as defined in section
2 of the Equity in Educational Land-Grant Status Act of
1993), $50,000,''; and
(B) by inserting after ``That said colleges'' the
following: ``and 1994 Institutions''; and
(2) in section 2 (7 U.S.C. 324)--
(A) by inserting ``and 1994 Institutions'' after
``colleges'', the first place such word appears;
(B) by inserting after ``of the college,'' the
following: ``1994 Institutions,''; and
(C) by inserting after the first sentence the
following: ``In the case of a 1994 Institution, said
sums shall be paid to the treasurer of such
Institution.''.
(b) Section 3 of the Act of May 8, 1914 (38 Stat. 373, chapter 79;
7 U.S.C. 343) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(3) There is authorized to be appropriated for the fiscal
year ending June 30, 1995, and for each fiscal year thereafter,
for payment on behalf of the 1994 Institutions, $5,000,000 for
the purposes set forth in section 2. Such sums shall be in
addition to the sums appropriated for the several States and
Puerto Rico, the Virgin Islands, and Guam under the provisions
of this section. Such sums shall be distributed on the basis of
a competitive applications process to be developed and
implemented by the Secretary and paid by the Secretary to State
institutions established in accordance with the provisions of
the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C.
301 et seq.) (other than 1994 Institutions) and administered by
such institutions through cooperative agreements with 1994
Institutions in their States in accordance with regulations to
be adopted by the Secretary.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting the following new subsection:
``(f) There shall be no matching requirement for funds made
available pursuant to subsection (b)(3).''.
SEC. 5. RESEARCH FACILITIES.
The Research Facilities Act (7 U.S.C. 390 et seq.) is amended--
(1) in section 2 (7 U.S.C. 390a)--
(A) by striking ``The purpose'' and inserting ``(a)
In General.--The purpose''; and
(B) by adding at the end the following new
subsection:
``(b) 1994 Institutions.--For fiscal years 1995 through 1999, it
shall be the purpose of this Act to assist 1994 Institutions (as
defined in section 2 of the Equity in Educational Land-Grant Status Act
of 1993) to construct, acquire, and remodel buildings, laboratories,
and other capital facilities (including fixtures and equipment)
necessary to more effectively conduct research in agriculture and
sciences through matching grants to be awarded on a competitive
basis.''; and
(2) in section 4 (7 U.S.C. 390c)--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting the following new subsection:
``(b) 1994 Institutions.--For each of fiscal years 1995 through
1999, there are authorized to be appropriated $1,700,000 for grants to
1994 Institutions (as defined in section 2 of the Equity in Educational
Land-Grant Status Act of 1993) for the purposes described in section
2(b).''.
Amend the title so as to read: ``A bill to provide land-
grant status for certain Indian colleges and institutions.''.
|
Equity in Educational Land-Grant Status Act of 1993 - Provides land-grant status for specified tribally controlled community colleges and postsecondary vocational institutions, Bureau of Indian Affairs postsecondary institutions, and the Institute of American Indian Arts (Institutions).
Authorizes appropriations, in lieu of public land or land scrip donations, for such Institutions.
Amends the Act of August 30, 1890, to include such Institutions in the annual appropriation for food and agricultural sciences instruction.
Amends the Act of May 8, 1914, to authorize annual appropriations for agricultural extension services at such Institutions. States that no matching funds shall be required.
Amends the Research Facilities Act to authorize FY 1995 through 1999 appropriations for research facility construction at such Institutions.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Solid Waste
Importation and Management Act of 2005''.
SEC. 2. CANADIAN MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. FOREIGN MUNICIPAL SOLID WASTE.
``(a) Definitions.--In this section:
``(1) Agreement.--The term `Agreement' means--
``(A) the Agreement Concerning the Transboundary
Movement of Hazardous Waste between the United States
and Canada, signed at Ottawa on October 28, 1986 (TIAS
11099) and amended on November 25, 1992; and
``(B) any regulations promulgated and orders issued
to implement and enforce that Agreement.
``(2) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste that is
generated outside of the United States.
``(3) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means--
``(i) material discarded for disposal by--
``(I) households (including single
and multifamily residences); and
``(II) public lodgings such as
hotels and motels; and
``(ii) material discarded for disposal that
was generated by commercial, institutional, and
industrial sources, to the extent that the
material--
``(I)(aa) is essentially the same
as material described in clause (i); or
``(bb) is collected and disposed of
with material described in clause (i)
as part of a normal municipal solid
waste collection service; and
``(II) is not subject to regulation
under subtitle C.
``(B) Inclusions.--The term `municipal solid waste'
includes--
``(i) appliances;
``(ii) clothing;
``(iii) consumer product packaging;
``(iv) cosmetics;
``(v) debris resulting from construction,
remodeling, repair, or demolition of a
structure;
``(vi) disposable diapers;
``(vii) food containers made of glass or
metal;
``(viii) food waste;
``(ix) household hazardous waste;
``(x) office supplies;
``(xi) paper; and
``(xii) yard waste.
``(C) Exclusions.--The term `municipal solid waste'
does not include--
``(i) solid waste identified or listed as a
hazardous waste under section 3001, except for
household hazardous waste;
``(ii) solid waste, including contaminated
soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604,
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities contained
in either of those sections; or
``(III) a corrective action taken
under this Act;
``(iii) recyclable material--
``(I) that has been separated, at
the source of the material, from waste
destined for disposal; or
``(II) that has been managed
separately from waste destined for
disposal, including scrap rubber to be
used as a fuel source;
``(iv) a material or product returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible potential reuse;
``(v) solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility (which facility is in
compliance with applicable State and
local land use and zoning laws and
regulations) or facility unit--
``(aa) that is owned or
operated by the generator of
the waste;
``(bb) that is located on
property owned by the generator
of the waste or a company with
which the generator is
affiliated; or
``(cc) the capacity of
which is contractually
dedicated exclusively to a
specific generator;
``(vi) medical waste that is segregated
from or not mixed with solid waste;
``(vii) sewage sludge or residuals from a
sewage treatment plant;
``(viii) combustion ash generated by a
resource recovery facility or municipal
incinerator; or
``(ix) waste from a manufacturing or
processing (including pollution control)
operation that is not essentially the same as
waste normally generated by households.
``(b) Management of Foreign Municipal Solid Waste.--
``(1) State action.--
``(A) In general.--Except as provided in paragraph
(2) and subject to subparagraph (B), until the date on
which the Administrator promulgates regulations to
implement and enforce the Agreement (including notice
and consent provisions of the Agreement), a State may
enact 1 or more laws, promulgate regulations, or issue
orders imposing limitations on the receipt and disposal
of foreign municipal solid waste within the State.
``(B) No effect on existing authority.--A State
law, regulation, or order that is enacted, promulgated,
or issued before the date on which the Administrator
promulgates regulations under subparagraph (A)--
``(i) may continue in effect after that
date; and
``(ii) shall not be affected by the
regulations promulgated by the Administrator.
``(2) Effect on interstate and foreign commerce.--No State
action taken in accordance with this section shall be
considered--
``(A) to impose an undue burden on interstate or
foreign commerce; or
``(B) to otherwise impair, restrain, or
discriminate against interstate or foreign commerce.
``(3) Trade and treaty obligations.--Nothing in this
section affects, replaces, or amends prior law relating to the
need for consistency with international trade obligations.
``(c) Authority of Administrator.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administrator shall--
``(A) perform the functions of the Designated
Authority of the United States described in the
Agreement with respect to the importation and
exportation of municipal solid waste under the
Agreement; and
``(B) implement and enforce the Agreement
(including notice and consent provisions of the
Agreement).
``(2) Regulations.--Not later than 2 years after the date
of enactment of this section, the Administrator shall
promulgate final regulations with respect to the
responsibilities of the Administrator under paragraph (1).
``(3) Consent to importation.--In considering whether to
consent to the importation of Canadian municipal solid waste
under article 3(c) of the Agreement, the Administrator shall--
``(A) give substantial weight to the views of each
State into which the foreign municipal solid waste is
to be imported, and consider the views of the local
government with jurisdiction over the location at which
the waste is to be disposed;
``(B) consider the impact of the importation on--
``(i) continued public support for and
adherence to State and local recycling
programs;
``(ii) landfill capacity as provided in
comprehensive waste management plans;
``(iii) air emissions from increased
vehicular traffic; and
``(iv) road deterioration from increased
vehicular traffic; and
``(C) consider the impact of the importation on--
``(i) homeland security;
``(ii) public health; and
``(iii) the environment.
``(4) Actions in violation of the agreement.--No person
shall import, transport, or export municipal solid waste for
final disposal or for incineration in violation of the
Agreement.
``(d) Compliance Orders.--
``(1) In general.--If, on the basis of any information, the
Administrator determines that any person has violated or is in
violation of this section, the Administrator may--
``(A) issue an order assessing a civil penalty for
any past or current violation, requiring compliance
immediately or within a specified time period, or both;
or
``(B) commence a civil action in the United States
district court in the district in which the violation
occurred for appropriate relief, including a temporary
or permanent injunction.
``(2) Specificity.--Any order issued pursuant to this
subsection shall state with reasonable specificity the nature
of the violation.
``(3) Maximum amount of penalty.--Any penalty assessed in
an order described in paragraph (1) shall not exceed $25,000
per day of noncompliance for each violation.
``(4) Penalty assessment.--In assessing a penalty under
paragraph (1), the Administrator shall take into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements.
``(e) Public Hearing.--
``(1) In general.--Any order issued under this section
shall become final unless, not later than 30 days after the
date on which the order is served, 1 or more persons named in
the order request a public hearing.
``(2) Procedure for hearing.--The Administrator--
``(A) shall promptly conduct a public hearing on
receipt of a request under paragraph (1);
``(B) in connection with any proceeding under this
section, may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant
papers, books, and documents; and
``(C) may promulgate rules for discovery
procedures.
``(f) Violation of Compliance Orders.--If a violator fails to take
corrective action within the time specified in a compliance order
issued under this section, the Administrator may assess a civil penalty
of not more than $25,000 for each day of continued noncompliance with
the order.''.
(b) Conforming Amendment.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item
relating to section 4010 the following:
``Sec. 4011. Foreign municipal solid waste''.
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International Solid Waste Importation and Management Act of 2005 - Amends the Solid Waste Disposal Act to authorize states to enact laws restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) promulgates regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada (Agreement).
Defines the authority of the Administrator with respect to the importation and exportation of municipal solid waste under the Agreement. Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) the continued public support for state and local recyling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment.
Authorizes the Administrator to assess civil penalties for any past or current violations of this Act or to commence a civil action in the U.S. district court.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowner Advocate Act of 2011''.
SEC. 2. OFFICE OF THE HOMEOWNER ADVOCATE.
(a) Establishment.--There is established in the Department of the
Treasury an office to be known as the ``Office of the Homeowner
Advocate'' (in this Act referred to as the ``Office'').
(b) Director.--
(1) In general.--The Director of the Office of the
Homeowner Advocate (in this Act referred to as the
``Director'') shall report directly to the Assistant Secretary
of the Treasury for Financial Stability, and shall be entitled
to compensation at the same rate as the highest rate of basic
pay established for the Senior Executive Service under section
5382 of title 5, United States Code.
(2) Appointment.--The Director shall be appointed by the
Secretary, after consultation with the Secretary of the
Department of Housing and Urban Development, and without regard
to the provisions of title 5, United States Code, relating to
appointments in the competitive service or the Senior Executive
Service.
(3) Qualifications.--An individual appointed under
paragraph (2) shall have--
(A) experience as an advocate for homeowners; and
(B) experience dealing with mortgage servicers.
(4) Restriction on employment.--An individual may be
appointed as Director only if such individual was not an
officer or employee of either a mortgage servicer or the
Department of the Treasury during the 4-year period preceding
the date of such appointment.
(5) Hiring authority.--The Director shall have the
authority to hire staff, obtain support by contract, and manage
the budget of the Office of the Homeowner Advocate.
SEC. 3. FUNCTIONS OF THE OFFICE.
(a) In General.--It shall be the function of the Office--
(1) to assist homeowners, housing counselors, and housing
lawyers in resolving problems with the Home Affordable
Modification Program of the Making Home Affordable initiative
of the Secretary, authorized under the Emergency Economic
Stabilization Act of 2008 (in this Act referred to as the
``Home Affordable Modification Program'');
(2) to identify areas, both individual and systematic, in
which homeowners, housing counselors, and housing lawyers have
problems in dealings with the Home Affordable Modification
Program;
(3) to the extent possible, to propose changes in the
administrative practices of the Home Affordable Modification
Program, to mitigate problems identified under paragraph (2);
(4) to identify potential legislative changes which may be
appropriate to mitigate such problems; and
(5) to implement other programs and initiatives that the
Director deems important to assisting homeowners, housing
counselors, and housing lawyers in resolving problems with the
Home Affordable Modification Program, which may include--
(A) running a triage hotline for homeowners at risk
of foreclosure;
(B) providing homeowners with access to housing
counseling programs of the Department of Housing and
Urban Development at no cost to the homeowner;
(C) developing Internet tools related to the Home
Affordable Modification Program; and
(D) developing training and educational materials.
(b) Authority.--
(1) In general.--Staff designated by the Director shall
have the authority to implement servicer remedies, on a case-
by-case basis, subject to the approval of the Assistant
Secretary of the Treasury for Financial Stability.
(2) Resolution of homeowner concerns.--The Office shall, to
the extent possible, resolve all homeowner concerns not later
than 30 days after the opening of a case with such homeowner.
(c) Commencement of Operations.--The Office shall commence its
operations, as required by this Act, not later than 3 months after the
date of enactment of this Act.
(d) Sunset.--The Office shall cease operations as of the date on
which the Home Affordable Modification Program ceases to operate.
SEC. 4. RELATIONSHIP WITH EXISTING ENTITIES.
(a) Transfer.--The Office shall coordinate and centralize all
complaint escalations relating to the Home Affordable Modification
Program.
(b) Hotline.--The HOPE hotline (or any successor triage hotline)
shall reroute all complaints relating to the Home Affordable
Modification Program to the Office.
(c) Coordination.--The Office shall coordinate with the compliance
office of the Office of Financial Stability of the Department of the
Treasury and the Homeownership Preservation Office of the Department of
the Treasury.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall prohibit a mortgage servicer from
evaluating a homeowner for eligibility under the Home Affordable
Foreclosure Alternatives Program while a case is still open with the
Office of the Homeowner Advocate. Nothing in this Act may be construed
to relieve any loan services from otherwise applicable rules,
directives, or similar guidance under the Home Affordable Modification
Program relating to the continuation or completion of foreclosure
proceedings.
SEC. 6. REPORTS TO CONGRESS.
(a) Testimony.--The Director shall be available to testify before
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives,
not less frequently than 4 times a year, or at any time at the request
of the Chairs of either committee.
(b) Reports.--Once annually, the Director shall provide a detailed
report to Congress on the Home Affordable Modification Program. Such
report shall contain full and substantive analysis, in addition to
statistical information, including, at a minimum--
(1) data and analysis of the types and volume of complaints
received from homeowners, housing counselors, and housing
lawyers, broken down by category of servicer, except that
servicers may not be identified by name in the report;
(2) a summary of not fewer than 20 of the most serious
problems encountered by Home Affordable Modification Program
participants, including a description of the nature of such
problems;
(3) to the extent known, identification of the 10 most
litigated issues for Home Affordable Modification Program
participants, including recommendations for mitigating such
disputes;
(4) data and analysis on the resolutions of the complaints
received from homeowners, housing counselors, and housing
lawyers;
(5) identification of any programs or initiatives that the
Office has taken to improve the Home Affordable Modification
Program;
(6) recommendations for such administrative and legislative
action as may be appropriate to resolve problems encountered by
Home Affordable Modification Program participants; and
(7) such other information as the Director may deem
advisable.
SEC. 7. FUNDING.
Amounts made available for the costs of administration of the Home
Affordable Modification Program that are not otherwise obligated shall
be available to carry out the duties of the Office. Funding shall be
maintained at levels adequate to reasonably carry out the functions of
the Office.
SEC. 8. PROHIBITION ON PARTICIPATION IN MAKING HOME AFFORDABLE FOR
BORROWERS WHO STRATEGICALLY DEFAULT.
No mortgage may be modified under the Making Home Affordable
Program, or with any funds from the Troubled Asset Relief Program,
unless the servicer of the mortgage loan has determined, in accordance
with standards and requirements established by the Secretary of the
Treasury, that the mortgagor cannot afford to make payments under the
terms of the existing mortgage loan. The Secretary of the Treasury, in
consultation with the Secretary of Housing and Urban Development, shall
issue rules to carry out this section not later than 90 days after the
date of enactment of this Act. This section shall not apply to any
refinancing or modifications made under the ``FHA Program Adjustments
to Support Refinancings for Underwater Homeowners,'' announced by the
Department of the Treasury and the Department of Housing and Urban
Development on March 26, 2010, as long as the program continues to be
structured so that borrowers participating in the FHA refinance program
cannot be in default on their primary mortgage at the time of refinance
and their eligibility in the program is not helped if they are in
default on their second mortgage, and thus lack a strategic reason to
go into default on either their first or second mortgage to participate
in the program.
SEC. 9. PUBLIC AVAILABILITY OF INFORMATION.
(a) Public Availability of Data.--The Secretary of the Treasury
shall revise the guidelines for the Home Affordable Modification
Program of the Making Home Affordable initiative of the Secretary of
the Treasury, authorized under the Emergency Economic Stabilization Act
of 2008 (Public Law 110-343), to establish that the data collected by
the Secretary of the Treasury from each mortgage servicer and lender
participating in the Program is made public in accordance with
subsection (b).
(b) Content.--Not more than 60 days after each monthly deadline for
submission of data by mortgage servicers and lender participating in
the program, the Treasury shall make all data tables available to the
public at the individual record level. This data shall include but not
be limited to--
(1) higher risk loans, including loans made in connection
with any program to provide expanded loan approvals, shall be
reported separately;
(2) disclose--
(A) the rate or pace at which such mortgages are
becoming seriously delinquent;
(B) whether such rate or pace is increasing or
decreasing;
(C) if there are certain subsets within the loans
covered by this section that have greater or lesser
rates or paces of delinquency; and
(D) if such subsets exist, the characteristics of
such subset of mortgages;
(3) with respect to the loss mitigation efforts of the
loan--
(A) the processes and practices that the reporter
has in effect to minimize losses on mortgages covered
by this section; and
(B) the manner and methods by which such processes
and practices are being monitored for effectiveness;
(4) disclose, with respect to loans that are or become 60
or more days past due, (provided that for purposes of
disclosure under this paragraph that each loan should have a
unique number that is not the same as any loan number the
borrower, originator, or servicer uses), the following
attributes--
(A) the original loan amount;
(B) the current loan amount;
(C) the loan-to-value ratio and combined loan-to-
value ratio, both at origination and currently, and the
number of liens on the property;
(D) the property valuation at the time of
origination of the loan, and all subsequent property
valuations and the date of each valuation;
(E) each relevant credit score of each borrower
obtained at any time in connection with the loan, with
the date of the credit score, to the extent allowed by
existing law;
(F) whether the loan has any mortgage or other
credit insurance or guarantee;
(G) the current interest rate on such loan;
(H) any rate caps and floors if the loan is an
adjustable rate mortgage loan;
(I) the adjustable rate mortgage index or indices
for such loan;
(J) whether the loan is currently past due, and if
so how many days such loan is past due;
(K) the total number of days the loan has been past
due at any time;
(L) whether the loan is subject to a balloon
payment;
(M) the date of each modification of the loan;
(N) whether any amounts of loan principal has been
deferred or written off, and if so, the date and amount
of each deferral and the date and amount of each
writedown;
(O) whether the interest rate was changed from a
rate that could adjust to a fixed rate, and if so, the
period of time for which the rate will be fixed;
(P) the amount by which the interest rate on the
loan was reduced, and for what period of time it was
reduced;
(Q) if the interest rate was reduced or fixed for a
period of time less than the remaining loan term, on
what dates, and to what rates, could the rate
potentially increase in the future;
(R) whether the loan term was modified, and if so,
whether it was extended or shortened, and by what
amount of time;
(S) whether the loan is in the process of
foreclosure or similar procedure, whether judicial or
otherwise; and
(T) whether a foreclosure or similar procedure,
whether judicial or otherwise, has been completed.
(c) Guidelines and Regulations.--The Secretary of the Treasury
shall establish guidelines and regulations necessary--
(1) to ensure that the privacy of individual consumers is
appropriately protected in the reports under this section;
(2) to make the data reported under this subsection
available on a public Web site with no cost to access the data,
in a consistent format;
(3) to update the data no less frequently than monthly;
(4) to establish procedures for disclosing such data to the
public on a public Web site with no cost to access the data;
and
(5) to allow the Secretary to make such deletions as the
Secretary may determine to be appropriate to protect any
privacy interest of any loan modification applicant, including
the deletion or alteration of the applicant's name and
identification number.
(d) Exception.--No data shall have to be disclosed if it voids or
violates existing contracts between the Secretary of Treasury and
mortgage servicers as part of the Making Home Affordable Program.
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Office of the Homeowner Advocate Act of 2011 - Establishes in the Department of the Treasury the Office of the Homeowner Advocate to assist homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program (HAMP) of the Making Home Affordable initiative of the Secretary of the Treasury, authorized under the Emergency Economic Stabilization Act of 2008.
Prohibits any modification of a mortgage under the Making Home Affordable Program, or with any funds from the Troubled Asset Relief Program (TARP), unless the servicer of the mortgage loan has determined, in accordance with standards and requirements established by the Secretary, that the mortgagor cannot afford to make payments under the terms of the existing mortgage loan. (Thus prohibits participation in such Program for borrowers who strategically default.)
Requires the Secretary to revise the guidelines for HAMP to establish that the data collected by the Secretary from each mortgage servicer and lender participating in the Program is made public at the individual record level in a specified manner.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Revolutionary Guard Corps
Designation Implementation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Iran Revolutionary Guard Corps (IRGC) is a
political and ideological military organization of Iran's
government, separate from the Iranian military. It globally
spreads Iran's ideology to terrorist groups and began deploying
fighters abroad during the Iran-Iraq War in an effort to spread
the ideology of the Iranian Revolution throughout the Middle
East.
(2) The Qods Force, a paramilitary arm of the IRGC, was
created to conduct foreign operations--beginning in Iraq's
Kurdish region--and to forge relationships with Shiite and
Kurdish groups. A Qods unit was also deployed to Lebanon in
1982, where it helped to form Hizballah.
(3) The IRGC was designated as an entity of proliferation
concern under Executive Order 13382 on October 21, 2007, and
the Qods Force was designated as a terrorism supporting entity
under Executive Order 13224 on October 25, 2007.
(4) To further the support of terrorism abroad, Iran's
government allows the IRGC to raise funds and own businesses.
The IRGC often operates through front businesses and affiliate
groups.
(5) The IRGC and Qods Force front businesses and affiliate
groups represent an important part of the Iranian economy. The
National Iranian Gas Company issued one such firm, Khatam-ol-
Anbia (Ghorb), a $1.3 billion contract to construct Iran's
seventh gas pipeline. In June 2006, Pars Oil and Gas Company, a
subsidiary of the state-owned National Iranian Oil Company,
awarded Ghorb a $2.3 billion contract to develop Phases 15-16
of Iran's South Pars development--the world's second largest
gas field. In July 2006, Tehran Urban & Suburban Railway
Company granted Ghorb a $1.2 billion contract to build the
seventh line of Tehran's metro system and a $350 million civil
engineering contract for the fourth line.
(6) In 2008, IRGC naval ships aggressively approached the
USS Port Royal, USS Hopper, and USS Ingraham, during a routine
transit at the Strait of Hormuz.
(7) Members of the IRGC captured 15 British sailors and
marines who were inspecting ships in the Persian Gulf near the
demarcation line that separates the territorial waters of Iran
and Iraq.
(8) In December 2006 and January 2007, Iranian surrogates--
the Qazali and Sheibani networks, which are now collectively
referred to as the Special Groups--stepped up their attacks on
Iraqi and Coalition forces. The Qazali network conducted
sophisticated operations against United States forces at the
Karbala Joint Provincial Coordination Center, kidnapping and
killing five United States soldiers during the aborted
operation.
(9) The Qods Force has provided aid in the form of weapons,
training, and funding to Hamas, Palestine Islamic Jihad, the
Popular Front for the Liberation of Palestine-General Command,
Hizballah, Iraq-based militants, and Taliban fighters in
Afghanistan.
(10) The United States military reported in February 2007
that the Qods Force was furnishing assistance to Shiite
militias in Iraq to assemble improvised explosive devices
(IEDs) and explosively formed projectiles (EFPs) that had been
used to kill over 150 United States service personnel.
(11) United States commanders in Afghanistan--along with
the Department of State's Report on International Terrorism for
2007 and 2008--have cited specific weapons shipments by Iran,
implemented by the Qods Force, to Taliban militants in
Afghanistan. The Qods Force provided training to the Taliban on
small unit tactics, small arms, explosives, and indirect fire
weapons. Since at least 2006, Iran has arranged arms shipments
including small arms and associated ammunition, rocket
propelled grenades, mortar rounds, 107-mm rockets, and plastic
explosives to select Taliban members.
SEC. 3. SANCTIONS AGAINST AFFILIATES OF THE IRAN REVOLUTIONARY GUARD
CORPS.
(a) Publication of Names of Affiliates in Federal Register.--Not
later than 90 days after the date of the enactment of this Act, and as
appropriate thereafter, the President shall publish in the Federal
Register the name of each foreign person or foreign entity for which
there is credible information indicating that the person or entity is
as an agent, alias, front, instrumentality, official, or affiliate of
the Iran Revolutionary Guard Corps or is an individual serving as a
representative of the Iran Revolutionary Guard Corps.
(b) Application of Existing Sanctions Against Iran to Affiliates.--
The President shall apply to each foreign person or foreign entity
identified in the Federal Register pursuant to subsection (a) all
applicable sanctions of the United States in force against the Iran
Revolutionary Guard Corps as of the date of publication of the name of
the person or entity in the Federal Register, including measures
contained in the following Executive orders:
(1) Executive Order 13224 (66 Fed. Reg. 49079; relating to
blocking property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism).
(2) Executive Order 13382 (70 Fed. Reg. 38567; relating to
blocking property of weapons of mass destruction proliferators
and their supporters).
(c) Sanctions Under Executive Order 13438.--
(1) Publication of names of affiliates in federal
register.--Not later than 90 days after the date of the
enactment of this Act, and as appropriate thereafter, the
President shall publish in the Federal Register the name of
each foreign person or foreign entity--
(A) for which there is credible information
indicating that the person or entity is as an agent,
alias, front, instrumentality, official, or affiliate
of the Iran Revolutionary Guard Corps or is an
individual serving as a representative of the Iran
Revolutionary Guard Corps; and
(B) for which there is credible evidence that the
foreign person or foreign entity--
(i) has committed, or poses a significant
risk of committing, an act or acts of violence
that have the purpose or effect of--
(I) threatening the peace or
stability of Iraq or the Government of
Iraq; or
(II) undermining efforts to promote
economic reconstruction and political
reform in Iraq or to provide
humanitarian assistance to the Iraqi
people;
(ii) has materially assisted, sponsored, or
provided financial, material, logistical, or
technical support for, or goods or services in
support of, such an act or acts of violence or
any person whose property and interests in
property are blocked pursuant to Executive
Order 13438; or
(iii) is owned or controlled by, or has
acted or purported to act for or on behalf of,
directly or indirectly, any person whose
property and interests in property are blocked
pursuant to Executive Order 13438.
(2) Application of sanctions under executive order 13438.--
The President shall apply to each foreign person or foreign
entity identified in the Federal Register pursuant to paragraph
(1) all applicable sanctions and measures of the United States
contained in Executive Order 13438 (72 Fed. Reg. 39719;
relating to blocking property of certain persons who threaten
stabilization efforts in Iraq).
(d) Exclusion From United States.--The Secretary of State shall
deny a visa to, and the Secretary of Homeland Security shall exclude
from the United States, any alien who, on or after the date of the
enactment of this Act, is a foreign person identified in the Federal
Register pursuant to subsection (a) or (c).
(e) Rule of Construction.--Nothing in this section shall be
construed to remove any sanction of the United States in force against
the Iran Revolutionary Guard Corps as of the date of the enactment of
this Act by reason of the fact that the Iran Revolutionary Guard Corps
is an entity of the Government of Iran.
SEC. 4. MEASURES AGAINST FOREIGN PERSONS OR ENTITIES SUPPORTING THE
IRAN REVOLUTIONARY GUARD CORPS.
(a) Notification.--Whenever the President determines that there is
credible information indicating that a foreign person or foreign
entity, on or after the date of the enactment of this Act, knowingly--
(1) provided material support to the Iran Revolutionary
Guard Corps or any affiliated foreign person or foreign entity
identified pursuant to section 3 (a) or (c), or
(2) conducted any commercial transaction or financial
transaction with the Iran Revolutionary Guards Corps or any
affiliated foreign person or foreign entity identified pursuant
to section 3 (a) or (c),
the President shall submit to the appropriate congressional committees
a notification that contains the name of the foreign person or foreign
entity (as the case may be).
(b) Form.--The President may submit the notification required under
subsection (a) in classified form.
(c) Executive Order 12938 Sanctions.--Not later than 60 days after
the date on which the President provides notice to the appropriate
congressional committees pursuant to subsection (a), the President
shall apply to each foreign person or foreign entity identified in such
notice, for such time as the President may determine, the measures set
forth in section 4 of Executive Order 12938 (59 Fed. Reg. 59099;
relating to proliferation of weapons of mass destruction) and shall
terminate such measures in accordance with the provisions of such
section.
(d) IEEPA Sanctions.--The President may exercise the authorities
the President has under section 203(a) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(a)) to impose additional sanctions
on each foreign person or foreign entity identified pursuant to
subsection (a) of this section, for such time as the President may
determine, without regard to section 202 of that Act.
(e) Waiver.--The President may waive the application of any measure
described in subsection (c) with respect to a foreign person or foreign
entity if the President--
(1)(A) determines that the person or entity has ceased the
offending activity and has taken measures to prevent its
recurrence; or
(B) determines that it is vital to the national security
interests of the United States to do so; and
(2) submits to the appropriate congressional committees a
report that contains the reasons for the determination.
SEC. 5. SPECIAL MEASURES AGAINST FOREIGN GOVERNMENTS SUPPORTING THE
IRAN REVOLUTIONARY GUARDS CORPS.
(a) Executive Order 12938 Sanctions.--With respect to any foreign
entity identified pursuant to section 4(a) that is a foreign
government, the President shall, in addition to applying to the entity
the measures described in section 4(d), apply to the entity the
measures set forth in section 5(b) of Executive Order 12938.
(b) Waiver.--The President may waive the application of any measure
described in subsection (a) with respect to a foreign entity if the
President--
(1)(A) determines that the entity has ceased the offending
activity and has taken measures to prevent its recurrence; or
(B) determines that it is vital to the national security
interests of the United States to do so; and
(2) submits to the appropriate congressional committees a
report that contains the reasons for the determination.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Foreign person.--The term ``foreign person'' has the
meaning given the term in section 14 of the Iran Sanctions Act
of 1996.
(3) Iran revolutionary guard corps.--The term ``Iran
Revolutionary Guard Corps'' includes the Iran Revolutionary
Guard Corps-Qods Force.
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Iran Revolutionary Guard Corps Designation Implementation Act - Directs the President to identify in the Federal Register and apply specified sanctions against: (1) a foreign person or foreign entity that is a representative or affiliate of the Iran Revolutionary Guard Corps (IRGC); or (2) such a person or entity that has committed or risks committing destabilizing violence against Iraq or its government.
Excludes such persons from U.S. entry.
Directs the President, with specified waiver authority, to notify the appropriate congressional committees and apply specified sanctions against a foreign person or foreign entity that provides material, financial, or commercial support to the IRGC. Includes additional sanctions if the entity is a foreign government.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fee Repeal and Expanded Access Act
of 2007''.
SEC. 2. RECREATION FEE AUTHORITIES.
The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et
seq.) is amended--
(1) by striking section 801 (16 U.S.C. 6801 note) and
inserting the following:
``SEC. 801. SHORT TITLE.
``This Act may be cited as the `Federal Lands Recreation
Enhancement Act'.'';
(2) by striking sections 802 through 812 (16 U.S.C. 6801
through 6811) and inserting the following:
``SEC. 802. RECREATION FEE AUTHORITY.
``(a) In General.--Beginning January 1, 2008, subject to
subsections (c) and (d), the Secretary of the Interior (referred to in
this section as the `Secretary') may establish and collect any fee from
individuals or groups for--
``(1) admission to a unit of the National Park System,
including a commercial vehicle admission fee for a National
Park at a level determined by the Secretary; and
``(2) the use of only the facilities or services described
in subsection (b) at Federal recreational land or water under
the jurisdiction of the Director of the National Park Service.
``(b) Authorized Facilities and Services.--The facilities and
services referred to in subsection (a)(2) are the following:
``(1) Use of developed campgrounds that provide at least a
majority of the following:
``(A) Tent or trailer spaces.
``(B) Picnic tables.
``(C) Drinking water.
``(D) Access roads.
``(E) The collection of the fee by an employee or
agent of the Federal land management agency.
``(F) Reasonable visitor protection.
``(G) Refuse containers.
``(H) Toilet facilities.
``(I) Simple devices for containing a campfire.
``(2) Use of highly-developed boat launches with
specialized facilities or services, such as mechanical or
hydraulic boat lifts or facilities, multilane paved ramps,
paved parking, restrooms, and other improvements, such as
boarding floats, loading ramps, or fish cleaning stations.
``(3) Rental of cabins, boats, stock animals, lookouts,
historic structures, group day-use or overnight sites, audio
tour devices, portable sanitation devices.
``(4) Use of hookups for electricity, cable, or sewer.
``(5) Use of sanitary dump stations.
``(6) Use of transportation services.
``(7) Use of developed swimming sites that provide at least
a majority of the following:
``(A) Bathhouses with showers and flush toilets.
``(B) Refuse containers.
``(C) Picnic areas.
``(D) Paved parking.
``(E) Attendants, including lifeguards.
``(F) Floats encompassing the swimming area.
``(G) Swimming decks.
``(c) Prohibition on Fees for Certain Persons or Places.--The
Secretary shall not charge an admission fee under subsection (a) for--
``(1) a person under 16 years of age;
``(2) an outing conducted for a noncommercial educational
purpose by a school or other academic institution;
``(3)(A) the U.S.S. Arizona Memorial;
``(B) the Independence National Historical Park;
``(C) any unit of the National Park System within the
District of Columbia; or
``(D) the Arlington House-Robert E. Lee National Memorial;
``(4) the Flight 93 National Memorial;
``(5) an entrance on other route into the Great Smoky
Mountains National Park or any part of the Park unless fees are
charged for entrance into the Park on main highways and
thoroughfares;
``(6) an entrance to a unit of the National Park System
containing a deed restriction on charging fees; or
``(7) an area or unit covered under section 203 of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
410hh-2), other than the Denali National Park and Preserve.
``(d) Prohibited Sites.--The Secretary shall not charge a fee under
subsection (a) for Federal recreational land or water managed by--
``(1) the Director of the Bureau of Land Management; or
``(2) the Commissioner of Reclamation.
``(e) Requirements.--In establishing fees pursuant to this section,
the Secretary shall--
``(1) establish the minimum practicable number of fees; and
``(2) avoid, to the maximum extent practicable, collection
of multiple or layered fees for a variety of activities or
programs.
``(f) Analysis.--
``(1) In general.--Before establishing a fee under
subsection (a), the Secretary shall analyze--
``(A) the benefits and services provided to
visitors to National Parks;
``(B) the cumulative effect of the assessment of
the fee;
``(C) the direct and indirect cost and benefit to
the Federal Government with respect to the fee;
``(D) applicable public policy and management
objectives;
``(E) the economic and administrative feasibility
of fee collection; and
``(F) such other factors as the Secretary
determines to be appropriate.
``(2) Submission to congress.--Not later than the date that
is 90 days before the date on which a fee established under
subsection (a) is published in the Federal Register, the
Secretary shall submit to Congress--
``(A) the analysis conducted with respect to the
fee under paragraph (1); and
``(B) a description of the level of the fee.
``(g) Publication.--
``(1) In general.--The Secretary shall publish in the
Federal Register a notice of--
``(A) any new fee established pursuant to this
section; and
``(B) any change in the amount of such a fee.
``(2) Effective date.--A fee established pursuant to this
section, and any modification to such a fee, shall not take
effect until the date that is 1 year after the date on which a
notification regarding the fee or modification is published in
the Federal Register under paragraph (1).
``(h) Administration.--
``(1) In general.--The Secretary--
``(A) may waive or discount a fee established
pursuant to this section, as the Secretary determines
to be appropriate; and
``(B) shall provide information to the public
regarding any fee program under this section, including
a description of the costs and benefits of the program.
``(2) Administrative costs.--The Secretary may use not more
than 15 percent of the total amount of fees collected pursuant
to this section for administrative costs of the recreation fee
program, including--
``(A) direct operating or capital costs;
``(B) the costs of fee collection;
``(C) the costs of notification of fee
requirements;
``(D) the costs of direct infrastructure;
``(E) fee program management costs;
``(F) the costs of bonding of volunteers;
``(G) start-up costs; and
``(H) the costs of analyzing and reporting on
program success and effects.
``(i) Distribution of Receipts.--Of amounts received by the
Secretary as a result of a fee collected at a specific area, site, or
facility pursuant to this section--
``(1) not less than 80 percent shall be used at the
specific area, site, or facility in accordance with subsection
(j); and
``(2) not more than 20 percent shall be used for other
activities or facilities of the National Park Service, as the
Secretary determines to be appropriate.
``(j) Use of Funds.--Amounts described in subsection (i)(1) may be
used at an area, site, or facility for--
``(1) repair, maintenance, facility enhancement, media
services, and infrastructure, including projects relating to
visitor enjoyment, visitor access, environmental compliance,
and health and safety;
``(2) interpretation, visitor information, visitor service,
visitor needs assessments, monitoring, and signs;
``(3) habitat enhancement, resource assessment,
preservation, protection, and restoration relating to
recreational uses; and
``(4) law enforcement relating to public use and
recreation.
``(k) Reports.--On January 1, 2012, and every 3 years thereafter,
the Secretary shall submit to Congress a report describing the status
of the recreation fee program under this section, including--
``(1) an evaluation of the program as conducted at each
unit of the National Park System;
``(2) a description of projects funded, activities
accomplished, and future projects and programs proposed to be
conducted using the fees; and
``(3) any recommendations for modifications to the fee
system of the Secretary.''
(3) in section 813 (16 U.S.C. 6812), by striking
subsections (e) and (f); and
(4) by striking section 814 (16 U.S.C. 6813).
SEC. 3. REINSTATEMENT OF CERTAIN ADMISSION AND USE FEE AUTHORITIES.
(a) Repeal.--Subsections (a), (c), and (d) of section 813 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) are repealed
effective December 8, 2004.
(b) Applicability.--
(1) Land and water conservation fund act of 1965.--
Subsections (a) through (f), and (g) of section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a)
shall be applied and administered as if section 813(a) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a))
had not been enacted.
(2) Admission permits for refuge units.--Section 201 of the
Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) shall
be applied and administered as if section 813(c) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6812(c)) had not
been enacted.
(3) Golden eagle passport.--Section 502 of the National
Parks Omnibus Management Act of 1998 (16 U.S.C. 5982) shall be
applied and administered as if section 813(d) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6812(d)) had not
been enacted.
(4) National park passport program.--
(A) In general.--Title VI of the National Parks
Omnibus Management Act of 1998 (16 U.S.C. 5991 et seq.)
shall be applied and administered as if section 813(d)
of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6812(d)) had not been enacted.
(B) Conforming amendment.--Section 603(c) of the
National Parks Omnibus Management Act of 1998 (16
U.S.C. 5993(c)) is amended by striking paragraph (2)
and inserting the following:
``(2) General use.--Of amounts received by the Secretary as
a result of sales of national park passports at a specific
area, site, or facility--
``(A) not less than 50 percent shall remain
available for use at the specific area, site, or
facility at which the sales occurred; and
``(B) not more than 50 percent shall be used for
other activities or facilities of the National Park
Service, as the Secretary determines to be
appropriate.''.
(c) Admission Fees.--Section 4(a) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) (as in effect
after subsections (a) and (b) take effect) is amended--
(1) in paragraph (1)--
(A) in the first sentence of subparagraph (A)(i),
by striking ``$25'' and and inserting ``$65''; and
(B) in the second sentence of subparagraph (B), by
striking ``$15'' and inserting ``$40''; and
(2) in paragraph (2)--
(A) in the fourth sentence, by striking ``$5'' and
inserting ``$25''; and
(B) in the sixth sentence, by striking ``$3'' and
inserting ``$12''.
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Fee Repeal and Expanded Access Act of 2007 - Rewrites specified provisions of the Federal Lands Recreation Enhancement Act.
Provides for the application and administration of certain admission and use fee authorities under the Land and Water Conservation Act of 1965, the Emergency Wetlands Resources Act of 1986, and the National Parks Omnibus Management Act of 1998 as if the Federal Lands Recreation Enhancement Act had not been enacted.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans E-Health and Telemedicine
Support Act of 2017'' or the ``VETS Act of 2017''.
SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1730A the following new section:
``Sec. 1730B. Licensure of health care professionals providing
treatment via telemedicine
``(a) In General.--Notwithstanding any provision of law regarding
the licensure of health care professionals, a covered health care
professional may practice the health care profession of the health care
professional at any location in any State, regardless of where the
covered health care professional or the patient is located, if the
covered health care professional is using telemedicine to provide
treatment to an individual under this chapter.
``(b) Property of Federal Government.--Subsection (a) shall apply
to a covered health care professional providing treatment to a patient
regardless of whether the covered health care professional or patient
is located in a facility owned by the Federal Government during such
treatment.
``(c) Construction.--Nothing in this section may be construed to
remove, limit, or otherwise affect any obligation of a covered health
care professional under the Controlled Substances Act (21 U.S.C. 801 et
seq.).
``(d) Covered Health Care Professional Defined.--In this section,
the term `covered health care professional' means a health care
professional who--
``(1) is an employee of the Department appointed under the
authority under sections 7306, 7401, 7405, 7406, or 7408 of
this title, or title 5;
``(2) is authorized by the Secretary to provide health care
under this chapter;
``(3) is required to adhere to all quality standards
relating to the provision of telemedicine in accordance with
applicable policies of the Department; and
``(4) has an active, current, full, and unrestricted
license, registration, or certification in a State to practice
the health care profession of the health care professional.''.
(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 1730A the following new item:
``1730B. Licensure of health care professionals providing treatment via
telemedicine.''.
(c) Report on Telemedicine.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the effectiveness of the use of
telemedicine by the Department of Veterans Affairs.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The satisfaction of veterans with telemedicine
furnished by the Department.
(B) The satisfaction of health care providers in
providing telemedicine furnished by the Department.
(C) The effect of telemedicine furnished by the
Department on the following:
(i) The ability of veterans to access
health care, whether from the Department or
from non-Department health care providers.
(ii) The frequency of use by veterans of
telemedicine.
(iii) The productivity of health care
providers.
(iv) Wait times for an appointment for the
receipt of health care from the Department.
(v) The reduction, if any, in the use by
veterans of in-person services at Department
facilities and non-Department facilities.
(D) The types of appointments for the receipt of
telemedicine furnished by the Department that were
provided during the 1-year period preceding the
submittal of the report.
(E) The number of appointments for the receipt of
telemedicine furnished by the Department that were
requested during such period, disaggregated by Veterans
Integrated Service Network.
(F) Savings by the Department, if any, including
travel costs, of furnishing health care
through the use of telemedicine during such period.
Passed the House of Representatives November 7, 2017.
Attest:
KAREN L. HAAS,
Clerk.
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. Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 (Sec. 2) This bill allows a licensed health care professional of the Department of Veterans Affairs (VA) to practice his or her profession using telemedicine at any location in any state regardless of where the professional or patient is located if the covered health care professional is using telemedicine to provide VA medical or health services. Such authority shall apply to a covered health care professional regardless of whether the covered health care professional or patient is located in a federally-owned facility. The bill defines "covered health care professional" as a health care professional who: (1) is a VA employee appointed under specified VA authorities or under the civil service; (2) is authorized by the VA to provide health care; (3) is required to adhere to all telemedicine quality standards; and (4) has an active, current, full, and unrestricted state license, registration, or certification for such health care profession. The VA shall report to Congress on the effectiveness of the VA's use of telemedicine.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minnesota Valley National Wildlife
Refuge Protection Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On September 21, 1998, the United States Fish and
Wildlife Service announced an agreement with the Metropolitan
Airports Commission of the State of Minnesota, which is the
public agency that operates the Minneapolis-St. Paul
International Airport. The agreement would allow construction
of a new runway for that airport that would have severe impacts
on the Minnesota Valley National Wildlife Refuge.
(2) The agreement authorizes impacts of a major runway
expansion that would allow more than 5,000 overflights per
month at less than 2,000 feet above the surface of the
Minnesota Valley National Wildlife Refuge.
(3) The Minnesota Valley National Wildlife Refuge, in
serving as an urban-oriented wildlife refuge, is a sanctuary in
the midst of the urban and industrial sprawl of Minneapolis and
St. Paul, Minnesota. Any agreement to allow scores of jumbo
jets each day to fly any closer to the one place of sanctuary
for wildlife in that region violates the very concept of
providing places of refuge for wildlife.
(4) A disparity exists in the treatment of activities
affecting various national wildlife refuges. Although low
altitude overflights would be allowed over the Minnesota Valley
National Wildlife Refuge, activities that would have
significantly fewer impacts have been prohibited on or near
other national wildlife refuges located in rural areas. Even
emergency medical services necessary to save human lives have
not been allowed access to some national wildlife refuges.
(5) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) requires that for every major Federal
action an environmental impact statement must be prepared that
describes and mitigates for the impacts of the action on the
environment.
(6) The environmental impact statement prepared with
respect to expansion of the Minneapolis-St. Paul International
Airport is totally inadequate, because it fails to adequately
determine and describe the impacts of 5,000 overflights per
month below an altitude of 2,000 feet on endangered species,
threatened species, and other protected species of fish and
wildlife in the Minnesota Valley National Wildlife Refuge.
SEC. 3. MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE PROTECTION.
(a) Moratorium on Implementation of Agreement.--The Secretary of
the Interior and the United States Fish and Wildlife Service shall not
implement any agreement entered into before the date of the enactment
of this Act that would have the effect of allowing expansion of the
Minneapolis-St. Paul International Airport beyond the capacity of that
airport on that date of enactment.
(b) Environmental Review.--
(1) Existing environmental impact statement not
effective.--The environmental impact statement prepared by the
Department of Transportation and the Minneapolis-St. Paul
Airport Commission with respect to the expansion of the
Minneapolis-St. Paul International Airport, dated May 1998,
shall have no force or effect.
(2) Preparation of new environmental impact statement
required--A new environmental impact statement with respect to
the expansion of the Minneapolis-St. Paul International Airport
shall be prepared in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) before the date on
which construction is begun to expand that airport, that--
(A) fully determines and describes the impacts, on
each species of fish or wildlife that inhabits or uses
the Minnesota Valley National Wildlife Refuge and is
listed under section 4(c) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(c)) or otherwise protected
under Federal or Minnesota State law, of increases in
overflights of the refuge resulting from the expansion;
and
(B) includes a determination of whether
consultation is required under section 7(a)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2))
with respect to that expansion.
(c) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Interior shall report to the Congress
regarding whether the activities associated with expansion of the
Minneapolis-St. Paul International Airport or additional overflights of
the Minnesota Valley National Wildlife Refuge by air traffic using that
airport may constitute a taking of an endangered species or threatened
species of fish or wildlife prohibited by the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
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Minnesota Valley National Wildlife Refuge Protection Act of 1999 - Prohibits the Secretary of the Interior and the U.S. Fish and Wildlife Service from implementing any agreement entered into before this Act's enactment date that would have the effect of allowing expansion of the Minneapolis-St. Paul International Airport beyond the capacity of that airport on that enactment date.
Gives no force or effect to the environmental impact statement prepared by the Department of Transportation and the Minneapolis-St. Paul Airport Commission with respect to the expansion of the Airport, dated May 1998.
Requires the preparation of a new environmental impact statement with respect to the expansion of such airport in accordance with the National Environmental Policy Act of 1969 before the date on which construction is begun to expand that airport, that: (1) fully determines and describes the impacts on protected species of fish and wildlife that inhabit or use the Minnesota Valley National Wildlife Refuge of increases in overflights of the refuge resulting from the expansion; and (2) includes a determination of whether consultation is required under Endangered Species Act of 1973 with respect to that expansion.
Requires the Secretary to report to the Congress regarding whether the activities associated with the expansion of such airport or additional overflights of the Minnesota Valley National Wildlife Refuge by air traffic using that airport may constitute a taking of an endangered species or threatened species prohibited by the Endangered Species Act of 1973.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Consideration of Proposed
Rescissions Act of 1993''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 days after the date of enactment of
an appropriation Act, the President may transmit to Congress a
special message proposing to rescind amounts of budget
authority provided in that Act and include with that special
message a draft bill or joint resolution that, if enacted,
would only rescind that budget authority.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill or joint
resolution for accounts within the jurisdiction of each such
subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Limitation on Amounts Subject to Rescission.--
``(1) The amount of budget authority which the President
may propose to rescind in a special message under this section
for a particular program, project, or activity for a fiscal
year may not exceed 25 percent of the amount appropriated for
that program, project, or activity in that Act.
``(2) The limitation contained in paragraph (1) shall only
apply to a program, project, or activity that is authorized by
law.
``(d) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second day of continuous
session of the applicable House after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of Congress
in which the appropriation Act involved originated shall
introduce (by request) the draft bill or joint resolution
accompanying that special message. If the bill or joint
resolution is not introduced as provided in the preceding
sentence, then, on the third day of continuous session of that
House after the date of receipt of that special message, any
Member of that House may introduce the bill or joint
resolution.
``(B) The bill or joint resolution shall be referred to the
Committee on Appropriations of that House. The committee shall
report the bill or joint resolution without substantive
revision and with or without recommendation. The bill or joint
resolution shall be reported not later than the seventh day of
continuous session of that House after the date of receipt of
that special message. If the Committee on Appropriations fails
to report the bill or joint resolution within that period, that
committee shall be automatically discharged from consideration
of the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
``(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before the close
of the 10th calendar day of continuous session of that House
after the date of the introduction of the bill or joint
resolution in that House. If the bill or joint resolution is
agreed to, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the bill or joint resolution to be engrossed, certified, and
transmitted to the other House of Congress on the same calendar
day on which the bill or joint resolution is agreed to.
``(2)(A) A bill or joint resolution transmitted to the
House of Representatives or the Senate pursuant to paragraph
(1)(C) shall be referred to the Committee on Appropriations of
that House. The committee shall report the bill or joint
resolution without substantive revision and with or without
recommendation. The bill or joint resolution shall be reported
not later than the seventh day of continuous session of that
House after it receives the bill or joint resolution. A
committee failing to report the bill or joint resolution within
such period shall be automatically discharged from
consideration of the bill or joint resolution, and the bill or
joint resolution shall be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the close
of the 10th calendar day of continuous session of that House
after the date on which the bill or joint resolution is
transmitted. If the bill or joint resolution is agreed to in
that House, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the engrossed bill or joint resolution to be returned to the
House in which the bill or joint resolution originated.
``(3)(A) A motion in the House of Representatives to
proceed to the consideration of a bill or joint resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a bill or
joint resolution under this section shall not exceed 4 hours,
which shall be divided equally between those favoring and those
opposing the bill or joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a bill or joint resolution under this
section or to move to reconsider the vote by which the bill or
joint resolution is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill or joint resolution under this
section shall be decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill or joint resolution under this section shall be governed
by the Rules of the House of Representatives.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this section
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill or joint resolution
under this section, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours. The time shall
be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under this
section shall be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the manager
of the bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a bill or joint resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
``(D) A motion in the Senate to further limit debate on a
bill or joint resolution under this section is not debatable. A
motion to recommit a bill or joint resolution under this
section is not in order.
``(e) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(f) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House defeats
the bill or joint resolution transmitted with that special message.
``(g) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) continuity of a session of either House of Congress
shall be considered as broken only by an adjournment of that
House sine die, and the days on which that House is not in
session because of an adjournment of more than 3 days to a date
certain shall be excluded in the computation of any period.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''; and
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. APPLICATION.
Section 1013 of the Congressional Budget and Impoundment Control
Act of 1974 (as added by section 2) shall apply to amounts of budget
authority provided by appropriation Acts (as defined in subsection (g)
of such section) that are enacted during the One Hundred Third
Congress.
SEC. 4. TERMINATION.
The authority provided by section 1013 of the Congressional Budget
and Impoundment Control Act of 1974 (as added by section 2) shall
terminate effective on the date in 1994 on which Congress adjourns sine
die.
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Expedited Consideration of Proposed Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President an additional method of rescinding budget authority by the transmittal to the Congress, for expedited consideration, of one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Limits the amount subject to rescission to 25 percent of the amount appropriated.
Sets forth House and Senate procedures for the expedited consideration of such a proposal.
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Create a summary of the following text: SECTION 1. PRICE SUPPORT PROGRAM FOR MILK.
(a) In General.--Effective January 1, 1996, section 204 of the
Agricultural Act of 1949 (7 U.S.C. 1446e) is amended to read as
follows:
``SEC. 204. MILK PRICE SUPPORT PROGRAM FOR CALENDAR YEARS 1996 THROUGH
2002.
``(a) In General.--During the period beginning January 1, 1996, and
ending December 31, 2002, the price of milk produced in the 48
contiguous States shall be supported as provided in this section.
``(b) Support Price.--
``(1) In general.--During each of the calendar years 1996
through 2002, the price of milk used for cheese shall be
supported at the rate provided in paragraph (2). Milk used for
nonfat dry milk or butter shall not be supported under this
section.
``(2) Annual rate.--For calendar year 1996, the rate of
price support for milk used for cheese shall be equal to $10.00
per hundredweight. For each of the calendar years 1997 through
2002, the rate of price support for milk used for cheese shall
be reduced by 10 cents per hundredweight from the rate in
effect for the preceding calendar year.
``(c) Purchases.--
``(1) In general.--The price of milk used for cheese shall
be supported through the purchase of cheese. Such purchases
shall be based on the support price in effect during the
applicable calendar year.
``(2) Sales through deip.--Sales for export under the dairy
export incentive program established under section 153 of the
Food Security Act of 1985 (15 U.S.C. 713a-14) shall not be
considered as Commodity Credit Corporation purchases under
subsection (d).
``(d) Support Rate Adjustments.--Effective January 1 of each of the
calendar years 1996 through 2002, if the level of purchases of milk and
the products of milk by the Commodity Credit Corporation under this
section (less sales under section 407 for unrestricted use), as
estimated by the Secretary by November 20 of the preceding calendar
year, will exceed 1,500,000,000 pounds (milk equivalent, total milk
solids basis), the Secretary shall decrease by 25 cents per
hundredweight, in addition to the annual reduction under subsection
(b)(2), the rate of price support for milk used for cheese in effect
for the calendar year. The support rate adjustment provided under this
subsection shall be effective only for the calendar year applicable to
the estimate of the Secretary. After the support rate adjustment
terminates, the support price shall be the level provided under
subsection (b)(2).
``(e) Residual Authority for Refund and Compensatory Budget Deficit
Assessment.--
``(1) Refunds of 1995 assessments.--The Secretary shall
provide for a refund of the entire reduction under subsection
(h)(2) of this section, as in effect on December 31, 1995, in
the price of milk received by a producer during calendar year
1995, if the producer provides evidence that the producer did
not increase marketings in calendar year 1995 when compared to
calendar year 1994. A refund under this subsection shall not be
considered as any type of price support or payment for purposes
of sections 1211 and 1221 of the Food Security Act of 1985.
``(2) Residual assessment in calendar year 1996.--
``(A) In general.--During the period beginning on
May 1, 1996, and ending on December 31, 1996, the
Secretary shall provide for a reduction in the price
received by producers for all milk produced in the 48
contiguous States and marketed by producers for
commercial use.
``(B) Amount.--The amount of the reduction under
subparagraph (A) shall be an amount determined by the
Secretary sufficient to equal, when applied to
reductions made on milk marketed, the amount that
compensates for refunds made under paragraph (1).
``(3) Enforcement.--
``(A) Collection.--Reductions in price required
under paragraph (2) shall be collected and remitted to
the Commodity Credit Corporation in the manner
prescribed by the Secretary.
``(B) Penalties.--If any person fails to collect or
remit the reduction required by paragraph (2) or fails
to comply with such requirements for recordkeeping or
as otherwise are required by the Secretary to carry out
this subsection, the person shall be liable to the
Secretary for a civil penalty up to an amount
determined by multiplying--
``(i) the quantity of milk involved in the
violation expressed in hundredweights; by
``(ii) the support rate for milk in effect
under this section at the time of the
violation.
``(C) Enforcement in courts.--The Secretary may
enforce this subsection in the courts of the United
States.
``(f) Commodity Credit Corporation.--The Secretary shall carry out
the program authorized by this section through the Commodity Credit
Corporation.
``(g) Period.--This section shall be effective only during the
period beginning January 1, 1996, and ending December 31, 2002.''.
(b) Milk Manufacturing Marketing Adjustment.--Section 102 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1446e-
1) is repealed.
SEC. 2. ESTABLISHMENT OF A CLASS IV ACCOUNT.
(a) Establishment of Class IV Account.--Notwithstanding any other
provision of law, effective January 1, 1996, the Secretary of
Agriculture shall establish a special milk marketing order to equalize
returns on all milk used in the 48 contiguous States of the United
States to produce Class IV final products (butter, nonfat dry milk, and
dry whole milk) among all milk marketed by producers for commercial use
in the 48 contiguous States.
(b) Class IV Price and Differential; Proration.--
(1) Price.--The Secretary shall determine a milk equivalent
value per hundredweight for Class IV final products each month
based on the average wholesale market prices during the month
for Class IV final products. Such milk equivalent value at 3.67
percent milkfat shall be the per hundredweight Class IV price
under the special Class IV account established under subsection
(a).
(2) Differential.--The Administrator of the special Class
IV account shall announce, on the first business day of each
month, the per hundredweight Class IV differential applicable
under the order to the preceding month. Such monthly Class IV
differential shall be the amount, if any, by which the support
rate for milk in effect under section 204 of the Agricultural
Act of 1949 exceeds the Class IV price established pursuant to
paragraph (1).
(3) Proration.--On or before the twentieth day after the
end of each month, the Administrator of the special Class IV
account shall--
(A) determine the amount of milk produced in the 48
contiguous States of the United States and marketed for
commercial use in making Class IV final products during
the preceding month;
(B) calculate the amount equal to the number of
hundredweights of milk used for Class IV final products
during the preceding month (as determined under
subparagraph (A)) multiplied by the Class IV
differential for the month established under paragraph
(2), and add to that amount the cost of administering
the special Class IV account during the current month;
and
(C) prorate the amount established under
subparagraph (B) among the total amount, in
hundredweights, of milk produced in the 48 contiguous
States and marketed for commercial use during such
preceding month.
(c) Account Obligations.--On or before the twenty-fifth day after
the end of each month--
(1) each person making payment to a producer for milk
produced in any of the 48 contiguous States of the United
States and marketed for commercial use shall collect from each
producer the amount determined by multiplying the quantity of
milk handled for the account of such producer during the
preceding month by the Class IV differential proration
established pursuant to subsection (b)(3)(C). Such amount shall
be remitted to the Administrator of the special Class IV
account; and
(2) any producer marketing milk of that producer's own
production in the form of milk or dairy products to consumers,
either directly or through retail or wholesale outlets, shall
remit to the Administrator of the special Class IV account the
amount determined by multiplying the quantity of such milk
marketed by such producer by the Class IV differential
proration established under subsection (b)(3)(C).
(d) Distribution of Account Proceeds.--On or before the thirtieth
day after the end of each month, the Administrator of the special Class
IV account shall pay to each person that used skim milk and butterfat
to produce Class IV final products during the preceding month a
proportionate share of the total special Class IV account proceeds for
such month. The proportion of the total proceeds payable to each person
shall be the same proportion that the skim milk and butterfat used by
such person to product Class IV final products during the preceding
month is of the total skim milk and butterfat used by all persons
during the preceding month to product Class IV final products.
(e) Effect on Blend Prices.--Producer blend prices under a milk
marketing order shall be adjusted to account for revenue distributions
required under subsections (c) and (d).
(f) Administration of Class IV Account.--The Secretary of
Agriculture shall appoint a person to serve as Administrator of the
Class IV account and shall delegate to that person such powers as are
needed to fulfill the duties of Administrator.
(g) Enforcement.--
(1) Collection.--The amounts specified in subsection (c)
shall be collected and remitted to the Administrator in the
manner prescribed by the Secretary of Agriculture.
(2) Penalties.--If any person fails to remit the amounts
required in subsection (c) or fails to comply with such
requirements for recordkeeping or otherwise as are required by
the Secretary to carry out this section, the person shall be
liable to the Secretary for a civil penalty up to an amount
determined by multiplying--
(A) the quantity of milk involved in the violation;
by
(B) the support rate for milk in effect under
section 204 of the Agricultural Act of 1949 for the
applicable calendar year.
(3) Enforcement.--The Secretary may enforce this section in
the courts of the United States.
(h) Issuance of Class IV Account.--The Secretary shall issue
regulations to effectuate the Class IV account without regard to the
notice and comment requirements in section 553 of title 5, United
States Code.
(i) Definition of Milk Marketing Order.--For purposes of this
section, the term ``milk marketing order'' means a milk marketing order
issued pursuant to section 8c of the Agricultural Adjustment Act, as
reenacted with amendments by the Agricultural Marketing Agreement Act
of 1937 (7 U.S.C. 608c), and any comparable State milk marketing order
or system.
(j) Class IV Designation.--Effective January 1, 1996, section
8c(5)(A) of the Agricultural Adjustment Act, as reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 608c(5)(A)), is amended by adding at the end the following new
sentence: ``Each marketing order issued pursuant to this section for
milk and its products shall include all skim milk and butterfat used to
produce butter, nonfat dry milk, and dry whole milk as a Class IV
classification.''.
SEC. 3. DAIRY EXPORT INCENTIVE PROGRAM.
(a) In General.--Section 153 of the Food Security Act of 1985 (15
U.S.C. 713a-14) is amended--
(1) in subsection (a), by--
(A) striking ``2001'' and inserting ``2002''; and
(B) striking ``an export incentive program'' and
inserting ``export incentive programs (the export bid
program and the price equalization program)'';
(2) in subsection (b), by--
(A) inserting ``exporter bid'' before ``program'';
and
(B) inserting ``of Agriculture'' after
``Secretary'' the first time it appears in the
subsection;
(3) in subsection (c), by inserting ``exporter bid'' before
``program'' the first time it appears in the subsection;
(4) in subsection (d), by inserting ``exporter bid'' before
``program'' the first time it appears in the subsection;
(5) in subsection (e), by inserting ``exporter bid'' before
``program''; and
(6) by adding at the end the following new subsection:
``(f)(1) The price equalization program established under this
section shall provide for the Corporation to make payments to the
Administrator of the Class IV account established under section 1202 of
the Agricultural Reconciliation Act of 1995, at the request of the
Administrator, as provided in this subsection. The Secretary shall have
the right to accept or reject any per-unit amount requested by the
Administrator under such criteria as the Secretary deems appropriate.
``(2) Under the price equalization program, the Administrator may
request, on a quarterly basis, price equalization payments on the milk
equivalent, total milk solids basis, of amounts of solids not fat and
butterfat exported from the United States during the preceding quarter.
The rate of payment per unit of milk equivalent exported shall be an
amount equal to the difference between the support rate for milk in
effect under section 204 of the Agricultural Act of 1949 for the
applicable quarter and the average Class IV price during such quarter,
as determined under criteria established by the Secretary.
``(3) The Corporation may not make any payments under the price
equalization program during the 12-month period beginning on July 1 of
each year that will be inconsistent with the obligations of the United
States under any trade agreement to which it is a party. For purposes
of this paragraph, any unit of milk equivalent on which a payment is
made under the export bid program authorized by this section shall only
be counted one time to determine consistency with any quantitative
trade obligation of the United States.
``(4) The price equalization program shall be operated under such
rules and regulations issued by the Secretary as the Secretary deems
necessary to ensure that--
``(A) first priority in funds and tonnage allocations
available for the operations of the programs under this section
is given to the export bid program; and
``(B) sufficient documentation is provided of the export of
the amounts of milk equivalent on which payments are made.''.
(b) Effective Date.--The amendments made by subsection (a) shall
become effective January 1, 1996.
SEC. 4. CONSOLIDATION AND REFORM OF FEDERAL MILK MARKETING ORDERS.
(a) Hearing by the Secretary and Follow-Up Action.--As soon as
practicable after the enactment of this Act, the Secretary of
Agriculture shall invite proposals to consolidate and reform Federal
milk marketing orders issued under section 8c of the Agricultural
Adjustment Act, reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 608c), and conduct one or more hearings
to consider such proposals. Any such hearing also shall consider how
all milk, including manufacturing grade milk, shall be regulated under
either a Federal or State order (with manufacturing grade producers
receiving pool proceeds from Class III and Class IV sales only).
(b) Expedited Process.--The hearing provided for in subsection (a)
shall be conducted under administrative hearing procedures, except that
the Secretary shall have 90 days after the public hearing to determine,
based on the hearing record, whether the consolidation of the orders
will tend to accomplish the purposes of the Agricultural Adjustment
Act, reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937, and shall announce the determination through publication
in the Federal Register by the end of such 90-day period. Such
consolidation of orders provided for under the Secretary's
determination shall be implemented within 2 years after the date of the
enactment of this Act.
(c) Sense of Congress Regarding Consolidation of Federal Orders.--
It is the sense of Congress that Federal milk marketing orders in
operation under the Agricultural Adjustment Act, reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937 should
be consolidated to between 8 and 14 orders.
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Amends the Agricultural Act of 1949 to establish milk price support provisions for calendar years 1996 through 2002.
Mandates establishment of a special milk marketing order to equalize returns on all milk used in the 48 contiguous States to produce Class IV final products (butter, nonfat dry milk, and dry whole milk) among all milk marketed by producers for commercial use in those States.
Amends the Food Security Act of 1985 to extend the termination date of the dairy products export incentive program (renaming it as the exporter bid program). Establishes a dairy products export incentive program (the price equalization program), requiring it to provide for payments by the Commodity Credit Corporation to the Administrator of the Class IV account established under the Agricultural Reconciliation Act of 1995.
Mandates inviting proposals and conducting expedited hearings on consolidating and reforming Federal milk marketing orders issued under specified provisions of the Agricultural Marketing Agreement Act of 1937, including considering how all milk shall be regulated under Federal or State order, with manufacturing grade producers receiving pool proceeds from Class III and Class IV sales only. Declares that it is the sense of the Congress that Federal milk marketing orders in operation under the Agricultural Adjustment Act should be consolidated to between 8 and 14 orders.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alzheimer's Breakthrough Act of
2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Alzheimer's disease is a disorder that destroys cells
in the brain. The disease is the leading cause of dementia, a
condition that involves gradual memory loss, decline in the
ability to perform routine tasks, disorientation, difficulty in
learning, loss of language skills, impairment of judgment, and
personality changes. As the disease progresses, people with
Alzheimer's disease become unable to care for themselves. The
loss of brain cells eventually leads to the failure of other
systems in the body.
(2) Alzheimer's disease is the sixth leading cause of death
in the United States and remains the only one of the top ten
causes of death without an identified way to prevent, cure, or
slow its progression.
(3) An estimated 5.4 million Americans have Alzheimer's
disease. With the aging of the baby boomers, the number of
Americans with Alzheimer's disease will likely reach 13.5
million in 2050--and could be as high as 16 million.
(4) An individual will live with the increasingly
devastating, debilitating, and destructive effects of
Alzheimer's disease for an average of 4 to 8 years after
diagnosis, and some live as long as 20 years.
(5) Alzheimer's disease does not just affect those with the
disease but takes an emotional, financial, and physical toll on
caregivers. In 2010, nearly 15 million Americans provided 17
billion hours of unpaid care to family members and friends with
Alzheimer's disease and other dementias at a total value of
over $202 billion.
(6) In 2011, Medicare is expected to spend $93 billion for
the care of individuals with Alzheimer's disease and other
dementias and this amount is projected to increase to $627
billion in 2050. Medicaid costs is expected to increase nearly
400 percent, from $37 billion in 2011 to $178 billion in 2050.
(7) In fiscal year 2010, the Federal Government spent $450
million on Alzheimer's disease research. For every $100 the
Federal Government spent on Alzheimer's disease research in
fiscal year 2010, Medicare and Medicaid spent more than $28,000
for care for people with Alzheimer's disease.
(8) Research leading to treatments that delay onset of
Alzheimer's disease by just five years would cut Federal
Government spending on the disease by 45 percent in 2050.
(9) In 2010, Congress passed the National Alzheimer's
Project Act, which instructs the Department of Health and Human
Services to develop a strategic plan (referred to in this
section as the ``National Alzheimer's Project plan'') to
address the rapidly escalating Alzheimer's disease crisis.
(10) The annually updated National Alzheimer's Project plan
must be transmitted to Congress each year and is to include
outcome-driven objectives, recommendations for priority
actions, and coordination of all federally funded programs in
Alzheimer's disease research, care, and services.
(11) It is expected that the National Alzheimer's Project
plan will include research priority actions to accelerate the
development of treatments that would prevent, cure, or slow the
progression of Alzheimer's disease.
(12) The medical and research communities have the ideas,
the technology, and the will, but need the Federal Government
to commit to an innovative research approach, to find
breakthroughs that will provide significant returns on
investment and will save millions of lives.
SEC. 3. REQUIRING A FEDERAL COMMITMENT TO ALZHEIMER'S DISEASE RESEARCH.
(a) In General.--Part A of title IV of the Public Health Service
Act (42 U.S.C. 281 et seq.) is amended by adding at the end the
following new section:
``SEC. 404I. REQUIRING A FEDERAL COMMITMENT TO ALZHEIMER'S DISEASE
RESEARCH.
``(a) Definition of Alzheimer's.--In this section, the term
`Alzheimer's' means Alzheimer's disease and related dementias.
``(b) Purpose.--The purpose of this section is to develop and
execute a scientific research plan to accelerate breakthroughs in
treatments that prevent, cure, or slow the progression of Alzheimer's
disease and reduce the financial burden of Alzheimer's on federally
funded programs and families.
``(c) Federal Commitment to Alzheimer's Disease Research.--For the
purpose described in subsection (b), the Director of NIH shall
coordinate and focus all Alzheimer's research activities of the
National Institutes of Health. Such activities shall include the
following:
``(1) The establishment of a strategic Alzheimer's research
plan--
``(A) to expedite therapeutic outcomes for
individuals with or at risk for Alzheimer's, using
scientifically based strategic planning, for the
conduct, coordination, and support of the Alzheimer's
research portfolio within the Office of the Director of
NIH and across all Institutes and Centers of the
National Institutes of Health; and
``(B) that, with respect to such Alzheimer's
research--
``(i) identifies research opportunities
relating to emerging science, knowledge gaps,
and priorities of the National Institutes of
Health and provides recommendations for
conducting such research;
``(ii) identifies opportunities to
incorporate Alzheimer's disease research in all
relevant aging, neuroscience, basic, clinical,
and translational science initiatives carried
out by the National Institutes of Health,
including initiatives that are trans-National
Institutes of Health, innovative, and
nontraditional initiatives;
``(iii) improves existing Alzheimer's
programs and initiatives at the National
Institutes of Health, including consolidation
or expansion of program activities, if such
consolidation or expansion would improve
program efficiencies and research outcomes;
``(iv) identifies gaps in the supporting
infrastructure and the coordination of the
Alzheimer's research portfolio across the
Institutes and Centers of the National
Institutes of Health, including the Alzheimer's
Disease Centers and Alzheimer's Disease
Research Centers and all intramural and
extramural Alzheimer's-related activities;
``(v) identifies public-private partnership
opportunities to expedite the development of
mechanisms for early diagnosis and therapies
and assistive technologies for Alzheimer's,
including such therapies and technologies that
demonstrate high promise of substantially
slowing, stopping, or reversing Alzheimer's and
reducing the amounts that the Federal
Government would spend on the future care
provided to individuals who develop
Alzheimer's;
``(vi) identifies opportunities to increase
research and improve clinical outcomes for
women and minority populations at high-risk of
developing Alzheimer's; and
``(vii) incorporates the research priority
actions identified by the Secretary and
Advisory Council on Alzheimer's Research, Care,
and Services in the report submitted by the
Secretary to Congress under section 2(g) of the
National Alzheimer's Project Act (42 U.S.C.
11225(g)).
``(2) The provision of budget estimates, without regard to
the probability that such amounts so estimated will be
appropriated, including--
``(A) budget estimates of the amounts required for
the Institutes and Centers of the National Institutes
of Health to carry out all Alzheimer's activities
identified in the strategic research plan developed
under paragraph (1);
``(B) budget estimates of the amounts required to
carry out all identified research priority actions
described in paragraph (1)(B)(vii); and
``(C) identification of funds in the existing
budget of the National Institutes of Health to
accomplish Alzheimer's activities identified by the
strategic research plan developed under paragraph (1).
``(d) Public-Private Partnerships.--In providing for Alzheimer's
research activities, the Director of NIH and the Directors of
Institutes and Centers of the National Institutes of Health conducting
Alzheimer's research, shall make available contracts, grants, or
cooperative agreements to facilitate partnerships between public and
private entities, which may include private or public research
institutions, institutions of higher education, medical centers,
biotechnology companies, pharmaceutical companies, disease advocacy
organizations, patient advocacy organizations, or academic research
institutions. Such partnerships may be established for, but not limited
to, any of the following purposes:
``(1) To execute the Alzheimer's research plan established
under subsection (c)(1).
``(2) To support the development of diagnostic technologies
and protocols to encourage early diagnosis of individuals at
risk for Alzheimer's and to permit the tracking of the
progression of Alzheimer's in asymptomatic or symptomatic
populations.
``(3) To develop and diffuse data sharing practices that
accelerate the advancement of knowledge and understanding of
the pathogenesis, progression, prevention, and treatment of
Alzheimer's.
``(e) Reporting.--
``(1) The Director of NIH shall annually report to the
Secretary, the Advisory Council on Alzheimer's Research, Care,
and Services, and the appropriate committees of jurisdiction in
Congress, on the strategic research plan and budget estimates
under subsection (c).
``(2) The Director of NIH shall, as part of its annual
request for appropriations to the Office of Management and
Budget, submit to the Office of Management and Budget and the
Committees on Appropriations of the House of Representatives
and the Senate a report which--
``(A) includes budget estimates developed under
subsection (c)(2);
``(B) subject to subparagraph (C), includes
requests for amounts to be appropriated for all
Alzheimer's activities identified in the strategic
research plan under subsection (c)(1);
``(C) includes, in the case a request is not made
under subparagraph (C) for an activity identified in
such strategic research plan, a full justification
explaining why such request was not made; and
``(D) analyzes the progress made toward
accelerating breakthroughs in treatments that would
prevent, cure, or slow the progression of Alzheimer's
and reducing spending on Alzheimer's care under
federally funded programs and families and identifies
any remaining hurdles to accelerating such
breakthroughs or reducing such financial burden.''.
(b) Alzheimer's Disease Centers.--Section 445(a)(1) of the Public
Health Service Act (42 U.S.C. 285e-2(a)(1)) is amended--
(1) by inserting ``, translational'' after ``basic''; and
(2) by inserting ``and of outcome measures, and disease
management'' after ``treatment methods''.
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Alzheimer's Breakthrough Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to coordinate and focus all Alzheimer's research activities of NIH, which shall include: (1) the establishment of a strategic Alzheimer's research plan to expedite therapeutic outcomes for individuals with or at risk for Alzheimer's; and (2) the provision of budget estimates, without regard to the probability that such amounts will be appropriated, of the amounts required to carry out the strategic plan.
Requires NIH to make available contracts, grants, or cooperative agreements to facilitate partnerships between public and private entities to execute the Alzheimer's research plan, support the development of diagnostic technologies and protocols, and develop and diffuse data sharing practices.
Expands the Alzheimer's Disease Center program to include translational research and research into outcome measures.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Explosives for Homeland
Security Act''.
SEC. 2. PREVENTION OF UNAUTHORIZED ACCESS TO EXPLOSIVE MATERIALS STORED
BY STATE OR LOCAL AGENCIES.
(a) Reports on Locations, Types, and Amounts of Stored Explosive
Materials.--
(1) Initial reports.--Within 6 months after the date of the
enactment of this Act, each State shall submit to the Attorney
General a written report that specifies each location at which
any agency operating under State law stores or keeps explosive
materials that have been shipped or transported in interstate
or foreign commerce, and the types and amounts of such
materials stored or kept at the location.
(2) Subsequent reports.--At such times as the Attorney
General shall provide in regulations, each State shall submit
to the Attorney General a written report that updates the most
recent report submitted by the agency pursuant to this
subsection.
(b) Regulations Governing Storage of Explosive Materials.--Within 6
months after the date of the enactment of this Act, the Attorney
General shall prescribe final regulations governing the storage and
keeping by State or local agencies of explosive materials that have
been shipped or transported in interstate or foreign commerce. The
regulations shall set forth the standards of public safety and security
against theft which any place at which explosive materials that have
been shipped or transported in interstate or foreign commerce are so
stored or kept shall meet, and shall, at a minimum, require any such
place to be subject to video surveillance or to have in operation an
alarm system capable of notifying the agency of unauthorized entry.
(c) Inspection Authority.--The Attorney General may enter during
business hours any place where a State or local agency stores or keeps
explosive materials that have been shipped or transported in interstate
or foreign commerce, for the purpose of inspecting the explosive
materials and determining whether the materials are being stored or
kept in compliance with the regulations prescribed under subsection
(b).
(d) Authority to Impose Penalty for Noncompliance.--
(1) Authority to reduce grants.--If a State or local agency
fails to comply with this section or any regulation prescribed
under this section, the Attorney General may reduce by 10
percent the funds that the agency would otherwise receive, or
would otherwise be allocated, under any grant program of the
Department of Justice.
(2) Reallocation of funds.--Any funds that are not
allocated to a State or local agency by reason of paragraph (1)
shall be reallocated to other State or local agencies whose
grants are not reduced by reason of paragraph (1).
SEC. 3. MATCHING GRANTS.
(a) Application.--A State or local agency may submit to the
Secretary of Homeland Security an application for a grant under this
section, which shall contain--
(1) a good faith estimate of the total amount the agency
will need to expend to comply with the regulations prescribed
under section 2(b); and
(2) a certification that the agency has obtained
commitments to receive from State or local sources sums
totalling not less than \1/2\ of the amount referred to in
paragraph (1), and will expend the sums to achieve such
compliance.
(b) Grant Authority.--The Secretary of Homeland Security may make a
grant under this section to an applicant therefor if--
(1) the application contains the information required by
subsection (a)(1) of this section; and
(2) the applicant has submitted to the Secretary of
Homeland Security all reports required from the applicant by or
under section 2(a).
(c) Amount of Grant.--The amount of the grant to be made to an
applicant under this section shall not exceed \1/2\ of the amount set
forth in the application pursuant to subsection (a)(1).
(d) Use of Grant.--An applicant who receives a grant under this
section shall use the grant only to cover the cost of complying with
the regulations prescribed under section 2(b).
(e) Limitations on Authorization of Appropriations.--For grants
under this section, there are authorized to be appropriated to the
Secretary of Homeland Security $10,000,000, without fiscal year
limitation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Explosive materials.--The term ``explosive materials''
has the meaning given in section 841(c) of title 18, United
States Code.
(2) Agency.--The term ``agency'' does not include any
component of the National Guard.
(3) State.--The term ``State'' includes the District of
Columbia.
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Safeguarding Explosives for Homeland Security Act - Requires each state to submit to the Attorney General a written report (and subsequent updates) that specifies each location at which any agency operating under state law stores or keeps explosive materials that have been transported in interstate or foreign commerce and the types and amounts of such materials. Directs the Attorney General to prescribe final regulations governing the storage of such materials by state or local agencies, including public safety and security standards and requirements for video surveillance or an alarm system.
Authorizes the Attorney General to enter during business hours any place where a state or local agency stores explosive materials that have been transported in interstate or foreign commerce, for the purpose of inspecting and determining whether they are stored in compliance with such regulations.
Authorizes the Attorney General to reduce by 10% the funds that an agency would otherwise receive under any Department of Justice grant program if it fails to comply.
Authorizes the Secretary of Homeland Security to make matching grants to state and local law enforcement agencies to cover the cost of complying with such regulations.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Postal Services Act''.
SEC. 2. MODIFIED PROCEDURES.
(a) In General.--Section 404(d) of title 39, United States Code, is
amended by striking the matter before paragraph (5) and inserting the
following:
``(d)(1) Before making any determination under subsection (a)(3) to
close or consolidate a postal facility, the Postal Service shall
conduct an investigation to assess the need for the proposed closure or
consolidation and shall provide appropriate notice to the persons
served by such postal facility to ensure that such persons will have an
opportunity to present their views. Such notice shall be made to each
person by mail, as well as by publication in newspapers of general
circulation in the area within which such persons reside.
``(2) In deciding whether or not to close or consolidate a postal
facility, the Postal Service--
``(A) shall consider--
``(i) the effect such closing or consolidation
would have on the community served by such postal
facility;
``(ii) the effect such closing or consolidation
would have on employees of the Postal Service employed
at such postal facility; and
``(iii) whether such closing or consolidation would
be consistent with the policy of the Government, as
stated in section 101(b), that the Postal Service shall
provide a maximum degree of effective and regular
postal services to rural areas, communities, and small
towns where post offices are not self-sustaining; and
``(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970.
``(3)(A) A decision to proceed with the proposal to close or
consolidate, following an investigation under paragraph (1), shall be
made in writing and shall include the findings of the Postal Service
with respect to each of the considerations specified in paragraph
(2)(A).
``(B) Notice of the decision and findings under subparagraph (A)
shall be posted prominently in each postal facility that would be
affected, and notice of the posting shall be sent by mail to all
persons served by such postal facility, at least 90 days before a final
determination is made, to ensure that such persons will have an
opportunity to submit comments.
``(C) Any posting under subparagraph (B) shall include--
``(i) a statement as follows: `This is notice of a proposal
to _____ this postal facility. A final determination will not
be made before the end of the 90-day period beginning on the
date on which this notice is first posted.', with the blank
space being filled in with `close' or `consolidate' (whichever
is appropriate), and with instructions for how any interested
person may submit comments;
``(ii) a brief summary of the findings of the Postal
Service with respect to the factors for consideration specified
in paragraph (2)(A); and
``(iii) the amount of cost savings the Postal Service
estimates it will realize from the closing or consolidation, in
the first year following the date of such closing or
consolidation, together with an explanation of the assumptions
and methodologies used in making those estimates.
``(4) A final determination to close or consolidate a postal
facility shall be made, in writing, after taking into consideration any
comments received in the course of the 90-day period referred to in
paragraph (3). The Postal Service shall take no action to close or
consolidate a postal facility before the end of the 60-day period
beginning on the date as of which the Postal Service--
``(A) posts a copy of its final determination in a
prominent location in each affected postal facility; and
``(B) sends to all persons served by such postal facility--
``(i) a notice of such determination; and
``(ii) notice of any appeal rights available with
respect to such determination.''.
(b) Suspension Pending Appeal.--Section 404(d)(5) of title 39,
United States Code, is amended in the next to last sentence by striking
``may suspend'' and inserting ``shall suspend''.
(c) Exception.--Section 404(d) of title 39, United States Code, is
amended by adding at the end the following:
``(7)(A) The preceding provisions of this subsection shall not
apply in the case of a closing or consolidation which occurs by reason
of an emergency suspension, as defined under regulations of the Postal
Service, subject to subparagraph (B).
``(B) For purposes of this paragraph, the term `emergency
suspension' shall not, in the case of a leased facility, include the
termination or cancellation of the lease by a party other than the
Postal Service.''.
SEC. 3. ACTUAL COST SAVINGS.
(a) In General.--Not later than 2 years after the date of the
closing or consolidation of any postal facility occurring after the
date of the enactment of this Act, the Inspector General of the United
States Postal Service shall determine, and submit to the Postmaster
General and each House of Congress its findings with respect to, the
amount of the cost savings realized by the United States Postal Service
from the closing or consolidation in the first year following such
closing or consolidation.
(b) Information To Be Included.--A submission under this section
shall include--
(1) the amount of the cost savings determined by the
Inspector General with respect to the closing or consolidation
involved, together with an explanation of the assumptions and
methodologies used;
(2) a comparison of the cost savings determined by the
Inspector General versus the estimates provided by the Postal
Service under section 404(d)(3)(C)(iii) of title 39, United
States Code (as amended by section 2(a)); and
(3) an explanation of the reasons for any differences
between the Inspector General's determination and the Postal
Service's estimates, together with recommendations for any
legislation or administrative action which the Inspector
General considers appropriate to provide for more accurate
estimates.
SEC. 4. DEFINITIONS.
Section 404 of title 39, United States Code, is amended by adding
at the end the following:
``(f) For purposes of subsection (d)--
``(1) the term `postal facility' includes an office,
branch, station, or other facility which--
``(A) is operated by the Postal Service; and
``(B) provides services to persons described in
paragraph (2); and
``(2) any reference to the persons served by a postal
facility shall include any postal patrons receiving mail
delivery service from such postal facility, residents within
any ZIP code served by such postal facility, postal patrons
having post office boxes at such postal facility, and the
relevant local government officials (as defined under
regulations of the Postal Service).''.
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Access to Postal Services Act - Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any postal facility, including: (1) requiring an assessment of the need for the closure or consolidation, (2) eliminating a requirement to consider the resulting Postal Service economic savings, (3) requiring posted notice in each affected postal facility and notice by mail to all persons served by such postal facility at least 90 days before the final decision is made, and (4) requiring (under current law, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Exempts emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service.
Requires such posted notice to include the cost savings the Postal Service estimates it will realize from the closing or consolidation, in the first year following the date of such closing or consolidation, with an explanation of the estimate assumptions and methodologies.
Directs the Inspector General of the Postal Service, within two years after the closing or consolidation of any postal facility after enactment of this Act, to submit to the Postmaster General and Congress its findings with respect to the actual cost savings realized by the Postal Service in the first year following such closing or consolidation.
Defines "postal facility," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service providing services to postal patrons served by the facility.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Protection Act of 1999''.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
law enforcement officer and who is carrying the identification required
by subsection (d) may carry a concealed firearm that has been shipped
or transported in interstate or foreign commerce, subject to subsection
(b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified law enforcement
officer' means an employee of a governmental agency who--
``(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
``(2) is authorized by the agency to carry a firearm at all
times;
``(3) is not the subject of any disciplinary action by the
agency; and
``(4) meets standards, if any, established by the agency
which require the employee to regularly qualify in the use of a
firearm.
``(d) The identification required by this subsection is the
official badge and photographic identification issued by the
governmental agency for which the individual is employed as a law
enforcement officer.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926A the
following:
``926B. Carrying of concealed firearms by qualified law enforcement
officers.''.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM
STATE LAWS PROHIBITING THE CARRYING OF CONCEALED
FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
further amended by inserting after section 926B the following:
``Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified retired law
enforcement officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons of
mental instability;
``(2) before such retirement, was authorized by law to
engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any
person for, any violation of law, and had statutory powers of
arrest;
``(3)(A) before such retirement, was regularly employed as
a law enforcement officer for an aggregate of 5 years or more;
or
``(B) retired from service with such agency, after
completing any applicable probationary period of such service,
due to a service-connected disability, as determined by such
agency;
``(4) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(5) during the most recent 12-month period or, if the
agency requires active duty officers to do so with lesser
frequency than every 12 months, during such most recent period
as the agency requires with respect to active duty officers,
has completed, at the expense of the individual, a program
approved by the State for training or qualification in the use
of firearms; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is
photographic identification issued by the State in which the agency for
which the individual was employed as a law enforcement officer is
located.''.
(b) Clerical Amendment.--The table of sections for such chapter is
further amended by inserting after the item relating to section 926B
the following:
``926C. Carrying of concealed firearms by qualified retired law
enforcement officers.''.
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Community Protection Act of 1999 - Amends the Federal criminal code to authorize qualified law enforcement officers carrying the official badge and photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer, notwithstanding State or local laws, to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce.
Specifies that this Act shall not be construed to supersede or limit the laws of any State that: (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
(Sec. 3) Sets forth similar provisions authorizing qualified retired law enforcement officers to carry concealed firearms notwithstanding State or local laws.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Lighthouse Center and
Museum Act''.
SEC. 2. NATIONAL LIGHTHOUSE CENTER AND MUSEUM.
Part B of subtitle II of title 36, United States Code, is amended
by inserting after chapter 1519 the following new chapter:
``CHAPTER 1520--NATIONAL LIGHTHOUSE CENTER AND MUSEUM
``Sec.
``152001. Organization.
``152002. Purposes.
``152003. Operation of museum.
``152004. Membership.
``152005. Governing body.
``152006. Powers.
``152007. Restrictions.
``152008. Duty to maintain corporate and tax-exempt status.
``152009. Records and inspection.
``152010. Service of process.
``152011. Liability for acts of officers and agents.
``152012. Annual report.
``152013. Definitions.
``Sec. 152001. Organization
``(a) Federal Charter.--The National Lighthouse Center and Museum,
incorporated in New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 152002. Purposes
``The purposes of the corporation are as provided in its
constitution and bylaws and include the following purposes:
``(1) To collect, preserve, and interpret objects related
to the history and technology of lighthouses located, in the
past or present, at sites throughout the United States.
``(2) To research, document, and disseminate information on
the history and technology of American lighthouses.
``(3) To create and maintain an archive of artifacts and
materials related to American lighthouses.
``(4) To foster research of American lighthouse history.
``(5) To serve as a contact point for public inquiry and
assistance with respect to American lighthouse history,
research, education, collections, and programs.
``(6) To celebrate America's lighthouse heritage through
educational programs, publications, films, festivals, living
history, lighthouse trails, conferences, and other such
offerings.
``(7) To support other existing and future lighthouse
museums, organizations, and sites.
``(8) To establish partnerships with other organizations to
attain the above goals.
``(9) To engage in any lawful act or activity necessary to
further the purposes of the corporation under this section.
``Sec. 152003. Operation of museum
``(a) In General.--The corporation shall operate a museum to be
known as the National Lighthouse Center and Museum at the site of the
former United States Lighthouse Depot located at what is now known as
St. George, Staten Island, New York.
``(b) Storage Facility.--The corporation shall operate a storage
facility located at or near the site described in subsection (a) for
the care, conservation, and maintenance of artifacts in the collection
of the corporation.
``(c) Support to Other Museums.--The corporation shall provide
support to other museums that interpret the history of aids to
navigation in the United States.
``(d) Designation of Collection.--The collection of artifacts of
the National Lighthouse Center and Museum shall be known as the
National Lighthouse Collection.
``(e) Exclusive Right.--The corporation shall have the sole and
exclusive right to use, in carrying out its purposes, the name
`National Lighthouse Center and Museum' and the sole and exclusive
right to the use of its corporate seal, emblems, and badges as adopted
by the corporation.
``Sec. 152004. Membership
``Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the constitution and bylaws of
the corporation.
``Sec. 152005. Governing body
``(a) Board of Trustees.--The board of trustees of the corporation
and the responsibilities of the board are as provided in the
constitution and bylaws of the corporation.
``(b) Officers.--The officers and the election of officers of the
corporation are as provided in the bylaws of the corporation.
``Sec. 152006. Powers
``The corporation has only the powers provided in its constitution,
bylaws, and charter as granted by the Board of Regents of the State of
New York and in the certificate of authority in any other State in
which the corporation is, or shall be, qualified to do business.
``Sec. 152007. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation or a trustee or
officer, acting as such trustee or officer, may not contribute to,
support, or participate in any political activity or in any manner
attempt to influence legislation.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a trustee, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the board of trustees.
``(d) Loans.--The corporation may not make a loan to a trustee,
officer, or employee.
``(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of
the United States Government for any of its activities.
``Sec. 152008. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its
corporate status as a corporation incorporated under the laws of the
State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 152009. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
trustees, and committees; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote, if any.
``(b) Inspection.--Any officer or trustee, or any member entitled
to vote (if any), or an agent or attorney of such officer, trustee, or
member, may inspect the records of the corporation for any proper
purpose at any reasonable time.
``Sec. 152010. Service of process
``The corporation shall comply with the law on service of process
of the State of New York and in each State in which it carries on
activities.
``Sec. 152011. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 152012. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
``Sec. 152013. Definitions
``For purposes of this chapter--
(1) the term `corporation' means the National Lighthouse
Center and Museum, Inc., incorporated in New York; and
(2) the term `State' includes the District of Columbia and
the territories and possessions of the United States.''.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended by inserting after the item relating to
chapter 1519 the following new item:
``1520. NATIONAL LIGHTHOUSE CENTER AND MUSEUM............... 152001''.
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National Lighthouse Center and Museum Act - Grants a Federal charter to the National Lighthouse Center and Museum, incorporated in New York.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Investments in Recruiting
and Employing American Military Veterans Act of 2017'' or the ``HIRE
Vets Act''.
SEC. 2. HIRE VETS MEDALLION AWARD PROGRAM.
(a) Program Established.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall establish, by rule,
a HIRE Vets Medallion Program to solicit voluntary information from
employers for purposes of recognizing, by means of an award to be
designated a ``HIRE Vets Medallion Award'', verified efforts by such
employers--
(1) to recruit, employ, and retain veterans; and
(2) to provide community and charitable services supporting
the veteran community.
(b) Application Process.--Beginning in the calendar year following
the calendar year in which the Secretary establishes the program, the
Secretary shall annually--
(1) solicit and accept voluntary applications from
employers in order to consider whether those employers should
receive a HIRE Vets Medallion Award;
(2) review applications received in each calendar year;
(3) notify such recipients of their awards; and
(4) at a time to coincide with the annual commemoration of
Veterans Day--
(A) announce the names of such recipients;
(B) recognize such recipients through publication
in the Federal Register; and
(C) issue to each such recipient--
(i) a HIRE Vets Medallion Award of the
level determined under section 3; and
(ii) a certificate stating that such
employer is entitled to display such HIRE Vets
Medallion Award.
(c) Timing.--
(1) Solicitation period.--The Secretary shall solicit
applications not later than January 31st of each calendar year
for the Awards to be awarded in November of that calendar year.
(2) End of acceptance period.--The Secretary shall stop
accepting applications not earlier than April 30th of each
calendar year for the Awards to be awarded in November of that
calendar year.
(3) Review period.--The Secretary shall finish reviewing
applications not later than August 31st of each calendar year
for the Awards to be awarded in November of that calendar year.
(4) Selection of recipients.--The Secretary shall select
the employers to receive HIRE Vets Medallion Awards not later
than September 30th of each calendar year for the Awards to be
awarded in November of that calendar year.
(5) Notice to recipients.--The Secretary shall notify
employers who will receive HIRE Vets Medallion Awards not later
than October 11th of each calendar year for the Awards to be
awarded in November of that calendar year.
(d) Limitation.--An employer who receives a HIRE Vets Medallion
Award for one calendar year is not eligible to receive a HIRE Vets
Medallion Award for the subsequent calendar year.
SEC. 3. SELECTION OF RECIPIENTS.
(a) Application Review Process.--
(1) In general.--The Secretary shall review all
applications received in a calendar year to determine whether
an employer should receive a HIRE Vets Medallion Award, and, if
so, of what level.
(2) Application contents.--The Secretary shall require that
all applications provide information on the programs and other
efforts of applicant employers during the calendar year prior
to that in which the medallion is to be awarded, including the
categories and activities governing the level of award for
which the applicant is eligible under subsection (b).
(3) Verification.--The Secretary shall verify all
information provided in the applications, to the extent that
such information is relevant in determining whether or not an
employer should receive a HIRE Vets Medallion Award or in
determining the appropriate level of HIRE Vets Medallion Award
for that employer to receive, including by requiring the chief
executive officer or the chief human relations officer of the
employer to attest under penalty of perjury that the employer
has met the criteria described in subsection (b) for a
particular level of Award.
(b) Awards.--
(1) Large employers.--
(A) In general.--The Secretary shall establish 2
levels of HIRE Vets Medallion Awards to be awarded to
employers employing 500 or more employees, to be
designated the ``Gold HIRE Vets Medallion Award'' and
the ``Platinum HIRE Vets Medallion Award''.
(B) Gold hire vets medallion award.--No employer
shall be eligible to receive a Gold HIRE Vets Medallion
Award in a given calendar year unless--
(i) veterans constitute not less than 7
percent of all employees hired by such employer
during the prior calendar year;
(ii) such employer has retained not less
than 75 percent of the veteran employees hired
during the calendar year preceding the
preceding calendar year for a period of at
least 12 months from the date on which the
employees were hired;
(iii) such employer has established an
employee veteran organization or resource group
to assist new veteran employees with
integration, including coaching and mentoring;
and
(iv) such employer has established programs
to enhance the leadership skills of veteran
employees during their employment.
(C) Platinum hire vets medallion award.--No
employer shall be eligible to receive a Platinum HIRE
Vets Medallion Award in a given calendar year unless--
(i) the employer meets all the requirements
for eligibility for a Gold HIRE Vets Medallion
Award under subparagraph (B);
(ii) veterans constitute not less than 10
percent of all employees hired by such employer
during the prior calendar year;
(iii) such employer has retained not less
than 85 percent of the veteran employees hired
during the calendar year preceding the
preceding calendar year for a period of at
least 12 months from the date on which the
employees were hired;
(iv) such employer employs dedicated human
resources professionals to support hiring and
retention of veteran employees, including
efforts focused on veteran hiring and training;
(v) such employer provides each of its
employees serving on active duty in the United
States National Guard or Reserve with
compensation sufficient, in combination with
the employee's active duty pay, to achieve a
combined level of income commensurate with the
employee's salary prior to undertaking active
duty; and
(vi) such employer has a tuition assistance
program to support veteran employees'
attendance in postsecondary education during
the term of their employment.
(D) Exemption for smaller employers.--An employer
shall be deemed to meet the requirements of
subparagraph (C)(iv) if such employer--
(i) employs 5,000 or fewer employees; and
(ii) employs at least one human resources
professional whose regular work duties include
those described under subparagraph (C)(iv).
(E) Additional criteria.--The Secretary may
provide, by rule, additional criteria with which to
determine qualifications for receipt of each level of
HIRE Vets Medallion Award.
(2) Small- and medium-sized employers.--The Secretary shall
establish similar awards in order to recognize achievements in
supporting veterans by--
(A) employers with 50 or fewer employees; and
(B) employers with more than 50 but fewer than 500
employees.
(c) Design by Secretary.--The Secretary shall establish the shape,
form, and design of each HIRE Vets Medallion Award, except that the
Award shall be in the form of a certificate and shall state the year
for which it was awarded.
SEC. 4. DISPLAY OF AWARD.
(a) In General.--The recipient of a HIRE Vets Medallion Award may--
(1) publicly display such Award through the end of the
calendar year following receipt of such Award; and
(2) publicly display the HIRE Vets Medallion Award
Certificate issued in conjunction with such Award.
(b) Unlawful Display Prohibited.--It is unlawful for any employer
to publicly display a HIRE Vets Medallion Award, in connection with, or
as a part of, any advertisement, solicitation, business activity, or
product--
(1) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the Award through the HIRE Vets Medallion Award
Program, if such employer did not receive such Award through
the HIRE Vets Medallion Award Program; or
(2) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the Award through the HIRE Vets Medallion Award
Program for a year for which such employer did not receive such
Award.
SEC. 5. APPLICATION FEE AND FUNDING.
(a) Fund Established.--There is established in the Treasury of the
United States a fund to be designated the ``HIRE Vets Medallion Award
Fund''. Amounts appropriated to the fund pursuant to subsection (c)
shall remain available until expended.
(b) Fee Authorized.--The Secretary may assess a reasonable fee on
employers that apply for receipt of a HIRE Vets Medallion Award and the
Secretary shall deposit such fees into the HIRE Vets Medallion Award
Fund. The Secretary shall establish the amount of the fee such that the
amounts collected as fees and deposited into the Fund are sufficient to
cover the costs associated with carrying out this Act.
(c) Use of Funds.--Amounts in the HIRE Vets Medallion Award Fund
shall be available, subject to appropriation, to the Secretary to carry
out the HIRE Vets Medallion Award Program.
SEC. 6. INITIAL IMPLEMENTATION.
The HIRE Vets Medallion Program shall begin to solicit applications
on January 31 of the year that is 2 fiscal years after the fiscal year
during which funds are first appropriated to carry out this Act.
SEC. 7. REPORT TO CONGRESS.
(a) Reports.--Beginning not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress annual
reports on--
(1) the fees collected from applicants for HIRE Vets
Medallion Awards in the prior year and any changes in fees to
be proposed in the present year;
(2) the cost of administering the HIRE Vets Medallion Award
Program in the prior year;
(3) the number of applications for HIRE Vets Medallion
Awards received in the prior year; and
(4) the HIRE Vets Medallion Awards awarded in the prior
year, including the name of each employer to whom a HIRE Vets
Medallion Award was awarded and the level of medallion awarded
to each such employer.
(b) Committees.--The Secretary shall provide the reports required
under subsection (a) to the Chairman and Ranking Member of--
(1) the Committees on Education and the Workforce and
Veterans' Affairs of the House of Representatives; and
(2) the Committees on Health, Education, Labor, and
Pensions and Veterans' Affairs of the Senate.
SEC. 8. DEFINITIONS.
In this Act:
(a) The term ``employer'' means any person, institution,
organization, or other entity that pays salary or wages for work
performed or that has control over employee opportunities, except that
such term does not include--
(1) the Federal Government; or
(2) any State government, as defined in such section.
(b) The term ``Secretary'' means the Secretary of Labor.
(c) The term ``veteran'' has the meaning given such term under
section 101 of title 38, United States Code.
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Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 or the HIRE Vets Act This bill directs the Department of Labor to establish a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing through a HIRE Vets Medallion Award verified efforts by these employers to: (1) recruit, employ, and retain veterans; and (2) provide community and charitable services supporting the veteran community. Labor shall annually: (1) solicit, verify, and review award applications from employers, (2) notify award recipients, and (3) issue awards at a time coinciding with Veterans Day. An employer who receives an award is not eligible for an award the following year. Labor shall establish two levels of awards for employers of 500 or more employees, to be designated the Gold HIRE Vets Medallion Award and the Platinum HIRE Vets Medallion Award. Criteria for such awards shall include the percentage of hired employees who are veterans, the percentage of veteran employees who are retained, the establishment of related veterans' assistance and training programs, the employment of dedicated human resources professionals for veterans, and income and tuition support for veterans. Labor shall establish similar awards to recognize achievements in supporting veterans by: (1) employers with 50 or fewer employees, and (2) employers with more than 50 but fewer than 500 employees. Labor shall establish the design of each award certificate. A recipient may publicly display the award and award certificate through the end of the calendar year in which it is awarded. The bill prohibits an employer from publicly displaying an award as a part of any advertisement or business activity in order to convey the false impression that the employer received such award for any other year. The bill establishes the HIRE Vets Medallion Award Fund. Labor may assess a reasonable application fee to carry out the award program and shall deposit such fees into the fund. The bill excludes from the definition of "employer" the federal government or any state government.
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Create a condensed overview of the following text: SECTION 1. BASELINE BASED ON PRIOR YEAR'S OUTLAYS.
(a) President's Budget.--Section 1105(a)(5) of title 31, United
States Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this
section--
``(A) estimated expenditures and proposed
appropriations for each function and subfunction in the
current fiscal year;
``(B) estimated expenditures and proposed
appropriations the President decides are necessary to
support the Government for each function and
subfunction in the fiscal year for which the budget is
submitted; and
``(C) a comparison of levels of estimated
expenditures and proposed appropriations for each
function and subfunction in the current fiscal year and
the fiscal year for which the budget is submitted,
along with the proposed increase or decrease of
spending in percentage terms for each function and
subfunction;''.
(b) Congressional Budget.--Section 301(e) of the Congressional
Budget Act of 1974 (2 U.S.C. 632(e)) is amended by--
(1) inserting after the second sentence the following:
``The starting point for any deliberations in the Committee on
the Budget of each House on the concurrent resolution on the
budget for the next fiscal year shall be the estimated level of
outlays for the current year in each function and subfunction.
Any increases or decreases in the congressional budget for the
next fiscal year shall be from those estimated levels.'';
(2) striking paragraphs (2) and (3) and inserting the
following:
``(2) a comparison of levels for the current fiscal year
with proposed spending for the subsequent fiscal years along
with the proposed increase or decrease of spending in
percentage terms for each function and subfunction;
``(3) information, data, and comparisons indicating the
manner in which and the basis on which the committee determined
each of the matters set forth in the concurrent resolution,
including information on outlays for the current fiscal year
and the decisions reached to set funding for the subsequent
fiscal years;'';
(3) striking paragraph (8);
(4) redesignating paragraph (9) as paragraph (8) and adding
``and'' at the end thereof; and
(5) redesignating paragraph (10) as paragraph (9).
(c) CBO Report to Committees.--The first sentence of section
202(f)(1) of the Congressional Budget Act of 1974 is amended to read as
follows: ``On or before February 15 of each year, the Director shall
submit to the Committees on the Budget of the House of Representatives
and the Senate a report, for the fiscal year commencing on October 1 of
that year, with respect to fiscal policy, including (A) estimated
budget outlays in all functions and subfunctions for appropriated
accounts for the current fiscal year and estimated budget outlays under
current law for all entitlement programs for the next fiscal year, (B)
alternative levels of total revenues, total new budget authority, and
total outlays (including related surpluses and deficits), and (C) the
levels of tax expenditures under existing law, taking into account
projected economic factors and any changes in such levels based on
proposals in the budget submitted by the President for such fiscal
year.''.
SEC. 2. SUNSETTING OF ENTITLEMENTS.
(a) Reauthorization of Discretionary Programs and Unearned
Entitlements.--
(1) Fiscal year 1994.--Effective October 1, 1993, spending
authority for each unearned entitlement and high-cost
discretionary spending program is terminated unless such
spending authority is reauthorized after the date of enactment
of this Act.
(2) Fiscal year 1995.--Effective October 1, 1994, spending
authority for each discretionary spending program (not
including high-cost discretionary spending programs) is
terminated unless such spending authority is reauthorized after
the date of enactment of this Act.
(3) Definitions.--For purposes of this section--
(A) the term ``unearned entitlement'' means an
entitlement not earned by service or paid for in total
or in part by assessments or contributions such as
Social Security, veterans' benefits, retirement
programs, and medicare; and
(B) the term ``high-cost discretionary program''
means the most expensive one-third of discretionary
program within each budget function account.
(b) Point of Order.--
(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, or conference report that includes any
provision that appropriates funds unless such appropriation has
been previously authorized by law.
(2) Waiver or suspension.--This section may be waived or
suspended in the House of Representatives or the Senate only by
the affirmative vote of two-thirds of the Members, duly chosen
and sworn.
(c) Decennial Sunsetting.--
(1) First decennial census year.--Effective on the first
day of the fiscal year beginning in the first decennial census
year after the year 2000 and each 10 years thereafter, the
spending authority described in subsection (a)(1) is terminated
unless such spending authority is reauthorized after the last
date the spending authority was required to be reauthorized
under this section.
(2) First decennial census year.--Effective on the first
day of the fiscal year beginning in the year after the first
decennial census year after the year 2000 and each 10 years
thereafter, the spending authority described in subsection
(a)(2) is terminated unless such spending authority is
reauthorized after the last date the spending authority was
required to be reauthorized under this section.
SEC. 3. ELIMINATION OF EMERGENCY SPENDING FOR PURPOSES OF DISCRETIONARY
CAPS.
Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is repealed.
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Amends Federal law to require both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline).
Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending.
Terminates spending authority, effective October 1, 1993, for unearned entitlements and high-cost discretionary spending programs unless such spending authority is reauthorized.
Terminates spending authority, effective October 1, 1994, for each discretionary spending program (not including high-cost discretionary spending programs) unless such spending authority is reauthorized.
Provides for terminating such spending authorities after the year 2000 unless appropriately reauthorized.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prostate Research, Imaging, and
Men's Education Act'' or the ``PRIME Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Prostate cancer has reached epidemic proportions,
particularly among African-American men, and strikes and kills
men in numbers comparable to the number of women who lose their
lives from breast cancer.
(2) Life-saving breakthroughs in screening, diagnosis, and
treatment of breast cancer resulted from the development of
advanced imaging technologies led by the Federal Government.
(3) Men should have accurate and affordable prostate cancer
screening exams and minimally-invasive treatment tools, similar
to what women have for breast cancer.
(4) While it is important for men to take advantage of
current prostate cancer screening techniques, a recent NCI-
funded study demonstrated that the most common available
methods of detecting prostate cancer (PSA blood test and
physical exams) are not foolproof, causing numerous false
alarms and false reassurances.
(5) The absence of advanced imaging technologies for
prostate cancer causes the lack of accurate information
critical for clinical decisions, resulting in missed cancers
and lost lives, as well as unnecessary and costly medical
procedures, with related complications.
(6) With prostate imaging tools, men and their families
would face less physical, psychological, financial and
emotional trauma and billions of dollars could be saved in
private and public health care systems.
SEC. 3. RESEARCH AND DEVELOPMENT OF PROSTATE CANCER IMAGING
TECHNOLOGIES.
(a) Expansion of Research.--The Secretary of Health and Human
Services (referred to in this Act as the ``Secretary''), acting through
the Director of the National Institutes of Health and in consultation
with the Secretary of Defense, shall carry out a program to expand and
intensify research to develop innovative advanced imaging technologies
for prostate cancer detection, diagnosis, and treatment comparable to
state-of-the-art mammography technologies.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $100,000,000 for each of fiscal
years 2008 through 2012.
SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN.
(a) National Campaign.--The Secretary shall carry out a national
campaign to increase the awareness and knowledge of Americans with
respect to the need for prostate cancer screening and for improved
detection technologies.
(b) Requirements.--The national campaign conducted under subsection
(a) shall include--
(1) roles for the Health Resources Services Administration,
the Office on Minority Health of the Department of Health and
Human Services, the Centers for Disease Control and Prevention,
and the Office of Minority Health of the Centers for Disease
Control and Prevention; and
(2) the development and distribution of written educational
materials, and the development and placing of public service
announcements, that are intended to encourage men to seek
prostate cancer screening and to create awareness of the need
for improved imaging technologies for prostate cancer detection
and minimally invasive treatment.
(c) Racial Disparities.--In developing the national campaign under
subsection (a), the Secretary shall recognize and address the racial
disparities in the incidences of prostate cancer and mortality rates
with respect to such disease.
(d) Grants.--The Secretary shall establish a program to award
grants to nonprofit private entities to enable such entities to test
alternative outreach and education strategies to increase the awareness
and knowledge of Americans with respect to the need for prostate cancer
screening and improved imaging technologies.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2008 through 2012.
SEC. 5. IMPROVING PROSTATE CANCER SCREENING BLOOD TESTS.
(a) In General.--The Secretary, in coordination with the Secretary
of Defense, shall carry out research to develop an improved prostate
cancer screening blood test using in-vitro detection.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000 for each of fiscal
years 2008 through 2012.
SEC. 6. REPORTING AND COMPLIANCE.
(a) Report and Strategy.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that details the strategy of the Secretary for implementing the
requirements of this Act and the status of such efforts.
(b) Full Compliance.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report that--
(1) contains assurances that the provisions of this Act are
fully implemented; and
(2) certifies such compliance, or in the case of a Federal
agency that has not complied, an explanation as to such failure
to comply.
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Prostate Research, Imaging, and Men's Education Act or the PRIME Act - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to expand and intensify research to develop advanced imaging technologies for prostate cancer detection, diagnosis, and treatment comparable to mammogram technology.
Directs the Secretary: (1) to carry out a national campaign to increase awareness and knowledge with respect to the need for prostate cancer screening and for improved detection technologies; (2) in developing such campaign, to recognize and address the racial disparities in the incidences of prostate cancer and mortality rates; (3) to establish a program to award grants to nonprofit private entities to test alternative outreach and education strategies; (4) to carry out research to develop an improved prostate cancer screening blood test using in-vitro detection; and (5) to certify compliance with this Act within one year.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosecution Drug Treatment
Alternative to Prison Act of 2000''.
SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY
STATE OR LOCAL PROSECUTORS.
(a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by adding at the end the following new
part:
``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2701. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to State or
local prosecutors for the purpose of developing, implementing, or
expanding drug treatment alternative to prison programs that comply
with the requirements of this part.
``(b) Use of Funds.--A State or local prosecutor who receives a
grant under this part shall use amounts provided under the grant to
develop, implement, or expand the drug treatment alternative to prison
program for which the grant was made, which may include payment of the
following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments to licensed substance abuse treatment
providers for providing treatment to offenders participating in
the program for which the grant was made, including aftercare
supervision, vocational training, education, and job placement.
``(3) Payments to public and nonprofit private entities for
providing treatment to offenders participating in the program
for which the grant was made.
``(c) Federal Share.--The Federal share of a grant under this part
shall not exceed 75 percent of the cost of the program.
``(d) Supplement and Not Supplant.--Grant amounts received under
this part shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for activities funded under
this part.
``SEC. 2702. PROGRAM REQUIREMENTS.
``A drug treatment alternative to prison program with respect to
which a grant is made under this part shall comply with the following
requirements:
``(1) A State or local prosecutor shall administer the
program.
``(2) An eligible offender may participate in the program
only with the consent of the State or local prosecutor.
``(3) Each eligible offender who participates in the
program shall, as an alternative to incarceration, be sentenced
to or placed with a long term, drug free residential substance
abuse treatment provider that is licensed under State or local
law.
``(4) Each eligible offender who participates in the
program shall serve a sentence of imprisonment with respect to
the underlying crime if that offender does not successfully
complete treatment with the residential substance abuse
provider.
``(5) Each residential substance abuse provider treating an
offender under the program shall--
``(A) make periodic reports of the progress of
treatment of that offender to the State or local
prosecutor carrying out the program and to the
appropriate court in which the defendant was convicted;
and
``(B) notify that prosecutor and that court if that
offender absconds from the facility of the treatment
provider or otherwise violates the terms and conditions
of the program.
``(6) The program shall have an enforcement unit comprised
of law enforcement officers under the supervision of the State
or local prosecutor carrying out the program, the duties of
which shall include verifying an offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an offender who has absconded from the facility of a
residential substance abuse treatment provider or otherwise
violated the terms and conditions of the program, and returning
such offender to court for sentence on the underlying crime.
``SEC. 2703. APPLICATIONS.
``(a) In General.--To request a grant under this part, a State or
local prosecutor shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
``(b) Certifications.--Each such application shall contain the
certification of the State or local prosecutor that the program for
which the grant is requested shall meet each of the requirements of
this part.
``SEC. 2704. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grant awards is equitable and includes
State or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, and urban jurisdictions.
``SEC. 2705. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that fiscal year shall submit to the Attorney General a report
regarding the effectiveness of activities carried out using that grant.
Each report shall include an evaluation in such form and containing
such information as the Attorney General may reasonably require. The
Attorney General shall specify the dates on which such reports shall be
submitted.
``SEC. 2706. DEFINITIONS.
``In this part:
``(1) Eligible offender.--The term `eligible offender'
means an individual who--
``(A) has been convicted of, or pled guilty to, or
admitted guilt with respect to a crime for which a
sentence of imprisonment is required and has not
completed such sentence;
``(B) has never been convicted of, or pled guilty
to, or admitted guilt with respect to, and is not
presently charged with, a felony crime of violence or a
major drug offense or a crime that is considered a
violent felony under State or local law; and
``(C) has been found by a professional substance
abuse screener to be in need of substance abuse
treatment because that offender has a history of
substance abuse that is a significant contributing
factor to that offender's criminal conduct.
``(2) Felony crime of violence.--The term `felony crime of
violence' has the meaning given such term in section 924(c)(3)
of title 18, United States Code.
``(3) Major drug offense.--The term `major drug offense'
has the meaning given such term in section 36(a) of title 18,
United States Code.
``(4) State or local prosecutor.--The term `State or local
prosecutor' means any district attorney, State attorney
general, county attorney, or corporation counsel who has
authority to prosecute criminal offenses under State or local
law.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(24) There are authorized to be appropriated to carry out
part AA--
``(A) $75,000,000 for fiscal year 2001;
``(B) $85,000,000 for fiscal year 2002;
``(C) $95,000,000 for fiscal year 2003;
``(D) $105,000,000 for fiscal year 2004; and
``(E) $125,000,000 for fiscal year 2005.''.
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Sets forth provisions regarding permissible uses of grant funds, the Federal cost share (75 percent), program and application requirements, geographic distribution of grant awards, reports, and evaluations.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victim Insurance Relief
Act of 1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During World War II, 6,000,000 victims of the Holocaust
lost their lives and property.
(2) In addition to the many atrocities that befell the
victims of the Nazi regime, many of the insurance claims that
rightfully should have been paid to the victims and their
families were not.
(3) In many instances, insurance company records are the
only proof of the existence of these insurance policies
belonging to Holocaust victims.
(4) Many Holocaust survivors and their descendants have
been fighting for 50 years to persuade insurance companies to
settle unpaid claims.
(5) Holocaust survivors and families of victims have asked
that insurance companies disclose any information they possess
that could show proof of insurance policies held by Holocaust
victims and survivors.
(6) Insurance companies doing business in the United States
have a responsibility to ensure that any involvement they or
their related companies may have had with insurance policies of
Holocaust victims are disclosed to the Federal Government and
to ensure the rapid resolution of these questions, eliminating
the further victimization of these policyholders and their
families.
(7) The international Jewish community is negotiating with
responsible insurance companies to establish an international
commission to resolve the issue of outstanding insurance
claims.
SEC. 3. ESTABLISHMENT OF HOLOCAUST INSURANCE REGISTRY.
The Secretary of the Treasury, Secretary of State, and Secretary of
Commerce shall jointly establish and maintain a central registry
containing records and information relating to insurance policies of
victims, living and deceased, of the Holocaust. The registry shall be
known as the Holocaust Insurance Registry and shall be accessible to
the public.
SEC. 4. FULL DISCLOSURE BY INSURANCE FIRMS.
Any insurer currently doing business in the United States that sold
life, property, liability, health, annuity, dowry, educational, or
casualty insurance policies, directly or through a related company, to
persons in Europe, which were in effect between 1920 and 1945, whether
the sale occurred before or after the insurer and the related company
became related, shall, within 180 days following the date of the
enactment of this Act, file or cause to be filed the following
information with the Departments of the Treasury, State, or Commerce to
be entered into the Holocaust Insurance Registry:
(1) The number of such insurance policies.
(2) The holder, beneficiary, and current status of such
policies.
(3) A comparison of the names of holders and beneficiaries
of such policies and the names of the victims of the Holocaust.
The names of victims of the Holocaust shall be provided by the
Department of State and may additionally be obtained from the Yad
Vashem repository in Israel.
SEC. 5. CERTIFICATION BY INSURANCE COMPANIES.
Each insurer subject to section 4 shall certify under penalty of
perjury to any of the following:
(1) The proceeds of the policies described in section 4
have been paid to the designated beneficiaries or their heirs
where that person or persons, after diligent search, could be
located and identified.
(2) The proceeds of the policies where the beneficiaries or
heirs could not, after diligent search, be located or
identified, have been distributed to Holocaust survivors or to
qualified charitable nonprofit organizations for the purpose of
assisting Holocaust survivors.
(3) A court of law has certified in a legal proceeding
resolving the rights of unpaid policyholders, their heirs, and
beneficiaries, a plan for the distribution of the proceeds.
(4) The proceeds have not been distributed and the amount
of those proceeds.
An insurer currently doing business in the United States that did not
sell any insurance policies in Europe prior to 1945, shall not be
subject to this section if a related company, whether or not authorized
and currently doing business in the United States, has made a filing
under this section.
SEC. 6. PENALTIES FOR FAILURE TO DISCLOSE INFORMATION.
(a) In General.--Any insurer that knowingly files information
required by this Act that is false shall be liable for a civil penalty
not to exceed $5,000 for each violation, which penalty is hereby
appropriated to the Departments of Treasury, State, and Commerce to be
used to aid in the resolution of Holocaust insurance claims.
(b) Suspension.--Any insurance company that fails to comply with
the requirements of this Act by the 210th day after the date of the
enactment of this Act, shall be suspended from practicing in the
insurance business until the time that the insurer complies with this
Act.
(c) Regulation.--The Secretary of the Treasury, Secretary of State,
and Secretary of Commerce shall jointly adopt regulations to implement
this Act.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that outstanding claims under insurance
policies held by Holocaust victims and survivors be resolved at the
earliest possible time.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ``Holocaust victim'' means any person who was
persecuted during the period of 1929 to 1945, inclusive, by
Nazi Germany, its allies, or sympathizers.
(2) The term ``related company'' means any parent,
subsidiary, reinsurer, successor in interest, managing general
agent, or affiliate company of the insurer.
(3) The term ``proceeds'' means the face value or other
payout value of insurance policies and annuities plus
reasonable interest to date of payment without diminution for
wartime or immediate postwar currency devaluation.
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Holocaust Victim Insurance Relief Act of 1998 - Directs the Secretary of the Treasury, the Secretary of State, and the Secretary of Commerce jointly to establish a central public registry containing records and information relating to insurance policies of living and deceased victims of the Holocaust, to be known as the Holocaust Insurance Registry.
Requires any insurer currently doing business in the United States that sold life, property, liability, health, annuity, dowry, educational, or casualty insurance policies, directly or through a related company, to persons in Europe, which were in effect between 1920 and 1945, to file with the Departments of the Treasury, State, or Commerce for entry into the Registry: (1) the number of such insurance policies; (2) the holder, beneficiary, and current status of such policies; and (3) a comparison of the names of holders and beneficiaries of such policies and the names of Holocaust victims.
Requires each such insurer to certify under penalty of perjury to any of the following: (1) the proceeds of the policies have been paid to the designated beneficiaries or their heirs where that person or persons could be located and identified; (2) the proceeds of the policies, where the beneficiaries or heirs could not be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors; (3) a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed and the amounts of those proceeds. Exempts from such filing requirement any insurer currently doing business in the United States that did not sell any insurance policies in Europe before 1945, if a related company, whether or not authorized and currently doing business in the United States, has made such a filing.
Makes any insurer that knowingly files false information liable for a civil penalty not to exceed $5,000 for each violation, which penalty is appropriated to the Departments of the Treasury, State, and Commerce to be used to aid in the resolution of Holocaust insurance claims. Declares that any insurance company that fails to comply with the requirements of this Act shall be suspended from practicing in the insurance business until the time that the insurer complies.
Expresses the sense of the Congress that outstanding claims under insurance policies held by Holocaust victims and survivors be resolved at the earliest possible time.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer and Environmental
Research Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Breast cancer is the second leading cause of cancer
deaths among American women.
(2) More women in the United States are living with breast
cancer than any other cancer (excluding skin cancer).
Approximately 3,000,000 women in the United States are living
with breast cancer, about 2,000,000 of which have been
diagnosed and an estimated 1,000,000 who do not yet know that
they have the disease.
(3) Breast cancer is the most commonly diagnosed cancer
among women in the United States and worldwide (excluding skin
cancer). In 2005, it is estimated that 269,730 new cases of
breast cancer will be diagnosed among women in the United
States, 211,240 invasive breast cancers and 58,490 cases of
ductal carcinoma in situ (DCIS).
(4) Approximately 40,410 women in the United States will
die from the disease in 2005. Breast cancer is the leading
cause of cancer death for women in the United States between
the ages of 20 and 59, and the leading cause of cancer death
for women worldwide.
(5) A woman who lives into her 80s in the United States has
a 1 in 7 chance of developing invasive breast cancer in her
lifetime. This risk was 1 in 11 in 1975. In 2005, a new case of
breast cancer will be diagnosed every 2 minutes and a woman
will die from breast cancer every 13 minutes.
(6) All women are at risk for breast cancer. About 90
percent of women who develop breast cancer do not have a family
history of the disease.
(7) The National Action Plan on Breast Cancer, a public
private partnership, has recognized the importance of expanding
the scope and breadth of biomedical, epidemiological, and
behavioral research activities related to the etiology of
breast cancer and the role of the environment.
(8) To date, there has been only a limited research
investment to expand the scope or coordinate efforts across
disciplines or work with the community to study the role of the
environment in the development of breast cancer.
(9) In 2003, the National Institute of Environmental Health
Sciences awarded grants to four research centers to begin to
study the prenatal-to-adult environmental exposures that may
predispose a woman to breast cancer. The currently funded
research is examining the mammary tissue in animals and young
girls and study the subjects' life exposures to environmental,
nutritional, and social factors that impact menarche. Early
menarche, beginning menstruation before the age of 12, has been
shown to increase breast cancer risk later in life.
(10) The National Cancer Institute and the National
Institute of Environmental Health Sciences have paired together
to make those four centers possible. The two institutes work
well together, combining their respective areas of expertise to
the best advantage of the research.
(11) In order to take full advantage of the tremendous
potential for avenues of prevention, the Federal investment in
the role of the environment and the development of breast
cancer should be expanded. The research conducted at the four
centers, while critically important, is one small facet of the
many issues that must be addressed in order to gauge the link
between environmental factors and breast cancer.
(12) In order to understand the effect of chemicals and
radiation on the development of cancer, multi-generational,
prospective studies are probably required.
SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR
DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING
ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285l et seq.) is amended by adding at the end the following
section:
``SEC. 463C. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED
TO BREAST CANCER.
``(a) In General.--The Director of the Institute, based on
recommendations from the Breast Cancer and Environmental Research Panel
established under subsection (b) (referred to in this section as the
`Panel'), shall make grants, after a process of peer review and
programmatic review, to public or nonprofit private entities for the
development and operation of not more than 8 centers for the purpose of
conducting multidisciplinary and multi-institutional research on
environmental factors that may be related to the etiology of breast
cancer. Each such center shall be known as a Breast Cancer and
Environmental Research Center of Excellence.
``(b) Breast Cancer and Environmental Research Panel.--
``(1) Establishment.--The Secretary shall establish in the
Institute of Environmental Health Sciences a Breast Cancer and
Environmental Research Panel.
``(2) Composition.--The Panel shall be composed of--
``(A) 9 members to be appointed by the Secretary,
of which--
``(i) six members shall be appointed from
among physicians, and other health
professionals, who--
``(I) are not officers or employees
of the United States;
``(II) represent multiple
disciplines, including clinical, basic,
and public health sciences;
``(III) represent different
geographical regions of the United
States;
``(IV) are from practice settings
or academia or other research settings;
and
``(V) are experienced in biomedical
review; and
``(ii) three members shall be appointed
from the general public who are representatives
of individuals who have had breast cancer and
who represent a constituency; and
``(B) such nonvoting, ex officio members as the
Secretary determines to be appropriate.
``(3) Chairperson.--The members of the Panel appointed
under paragraph (2)(A) shall select a chairperson from among
such members.
``(4) Meetings.--The Panel shall meet at the call of the
chairperson or upon the request of the Director, but in no case
less often than once each year.
``(5) Duties.--The Panel shall--
``(A) oversee the peer review process for the
awarding of grants under subsection (a) and conduct the
programmatic review under such subsection;
``(B) make recommendations with respect to the
funding criteria and mechanisms under which amounts
will be allocated under this section; and
``(C) make final programmatic recommendations with
respect to grants under this section.
``(c) Collaboration With Community.--Each center under subsection
(a) shall establish and maintain ongoing collaborations with community
organizations in the geographic area served by the center, including
those that represent women with breast cancer.
``(d) Coordination of Centers; Reports.--The Director of the
Institute shall, as appropriate, provide for the coordination of
information among centers under subsection (a) and ensure regular
communication between such centers, and may require the periodic
preparation of reports on the activities of the centers and the
submission of the reports to the Director.
``(e) Required Consortium.--Each center under subsection (a) shall
be formed from a consortium of cooperating institutions, meeting such
requirements as may be prescribed by the Director of the Institute.
Each center shall require collaboration among highly accomplished
scientists, other health professionals and advocates of diverse
backgrounds from various areas of expertise.
``(f) Duration of Support.--Support of a center under subsection
(a) may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5 years if
the operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director
of the Institute and if such group has recommended to the Director that
such period should be extended.
``(g) Geographic Distribution of Centers.--The Director of the
Institute shall, to the extent practicable, provide for an equitable
geographical distribution of centers under this section.
``(h) Innovative Approaches.--Each center under subsection (a)
shall use innovative approaches to study unexplored or under-explored
areas of the environment and breast cancer.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $30,000,000
for each of the fiscal years 2006 through 2011. Such authorization is
in addition to any other authorization of appropriations that is
available for such purpose.''.
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Breast Cancer and Environmental Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight centers to conduct multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Requires each such center to: (1) be known as a Breast Cancer and Environmental Research Center of Excellence; (2) establish ongoing collaborations with community organizations; (3) be formed from a consortium of cooperating institutions; (4) be supported under this Act for a period of not more than five years with additional periods allowed after review and recommendation; and (5) use innovative approaches to study unexplored areas of the environment and breast cancer.
Requires the Secretary of Health and Human Services to establish a Breast Cancer and Environmental Research Panel to make recommendations for and to review grants awarded under this Act.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prescription Drug Low-
Income Assistance Act of 2004''.
SEC. 2. ASSURANCE OF ASSISTANCE FOR LOW-INCOME BENEFICIARIES IN
MEDICARE SAVINGS PROGRAMS UNDER MEDICARE PRESCRIPTION
DRUG DISCOUNT CARD AND TRANSITIONAL ASSISTANCE PROGRAM.
(a) Automatic Enrollment.--
(1) In general.--Section 1860D-31(c)(1) of the Social
Security Act (42 U.S.C. 1395w-141(c)(1)) is amended by adding
at the end the following new subparagraph:
``(F) Automatic enrollment of certain low-income
beneficiaries in medicare savings programs.--
``(i) Notice of eligibility.--Not later
than 45 days after the date an individual
described in clause (ii) is first eligible to
enroll in an endorsed discount card program
under this section, each State or the Secretary
(at the option of each State) shall mail to
each individual described in clause (ii), a
notice stating the following:
``(I) Such individual is eligible
to enroll in an endorsed discount card
program and to receive transitional
assistance under subsection (g).
``(II) If such individual does not
enroll before 30 days after the date of
the notice, such individual will be
automatically enrolled in an endorsed
discount card program selected by the
Secretary unless the individual
notifies the Secretary that such
individual does not wish to be so
enrolled.
``(III) If such individual is
automatically enrolled in an endorsed
discount card program selected by the
Secretary, the individual may enroll in
another endorsed discount card program
selected by the individual during the
60-day period beginning on the date of
such automatic enrollment.
``(IV) If the individual is
enrolled in an endorsed discount card
program during 2004, the individual
will be permitted to change enrollment
under subsection (c)(1)(C)(ii) for
2005.
``(V) There is no obligation to use
the endorsed discount card program or
transitional assistance when purchasing
prescription drugs.
``(ii) Individuals benefiting from
automatic enrollment.--An individual described
in this clause is a discount card eligible
individual who--
``(I) is a recipient of
supplemental security income benefits
under title XVI, or is determined to be
eligible for medical assistance under
title XIX solely by reason of clause
(i), (iii), or (iv) of section
1902(a)(10)(E); and
``(II) has not enrolled in an
endorsed discount card program as of
the date that is 30 days after the date
the individual is first eligible to
enroll in such a program.
``(iii) Automatic enrollment.--The
Secretary shall enroll each individual
described in clause (ii), who has not enrolled
in an endorsed discount card program or
provided notice to the Secretary under clause
(iv) as of the end of the 30-day period
beginning on the date of the notice to the
individual under clause (i), in an endorsed
discount card program selected by the Secretary
that serves residents of the State in which the
individual resides.
``(iv) Opt-out.--Clause (iii) shall not
apply to an individual if the individual
notifies the Secretary before the end of the
30-day period described in such clause that the
individual does not wish to be automatically
enrolled under such clause.
``(v) 60-day grace period to change card
program.--The Secretary shall permit each
individual who is automatically enrolled under
clause (iii) to elect, during the 60-day period
that begins on the date the individual is so
enrolled, to enroll in a different endorsed
discount card program selected by such
individual. Such a change shall be treated as
an exceptional case for purposes of
subparagraph (C)(iii).''.
(b) Provision of Transitional Assistance.--
(1) In general.--Section 1860D-31(b) of such Act (42 U.S.C.
1395w-141(b)) is amended by adding at the end the following new
paragraph:
``(5) Special rule for certain low-income beneficiaries in
medicare savings programs.--
``(A) In general.--Except as provided in
subparagraph (C), individuals described in subsection
(c)(1)(F)(ii) shall be treated as transitional
assistance eligible individuals.
``(B) Special transitional assistance eligible
individuals.--Except as provided in subparagraph (C),
such individuals who are recipients of supplemental
security income benefits under title XVI or determined
to be eligible for medical assistance under title XIX
solely by reason of clause (i), (iii), or (iv) of
section 1902(a)(10)(E) shall be treated as special
transitional assistance eligible individuals.
``(C) Application of disqualification for
individuals with prescription drug coverage.--The
Secretary shall not apply subparagraphs (A) and (B) in
the case of an individual if the Secretary finds that
there is reason to believe that the individual is
described in paragraph (2)(B) (relating to individuals
with certain prescription drug coverage).''.
(2) Waiver of self-certification and verification.--Section
1860D-31(f) of such Act (42 U.S.C. 1395w-141(f)) is amended by
adding at the end the following new paragraph:
``(5) Special rule for certain low-income beneficiaries in
medicare savings programs.--The provisions of paragraphs (2)
and (3) shall not apply to individuals who are treated as
transitional assistance eligible individuals under subsection
(b)(5).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2071).
SEC. 3. ASSURANCE OF ASSISTANCE FOR LOW-INCOME BENEFICIARIES IN
MEDICARE SAVINGS PROGRAMS UNDER QUALIFIED PRESCRIPTION
DRUG COVERAGE.
(a) Automatic Enrollment.--Section 1860D-1(b)(1)(C) of the Social
Security Act (42 U.S.C. 1395w-101(b)(1)(C)) is amended--
(1) by designating the matter beginning with ``The process
established'' as a clause (i) with the heading ``In general.--
'' and an appropriate indentation;
(2) by striking ``a full-benefit dual eligible individual
(as defined in section 1935(c)(6)) who has failed to enroll in
a prescription drug plan or an MA-PD plan'' and inserting
``described in clause (ii)''; and
(3) by adding at the end the following new clauses:
``(ii) Individuals covered.--An individual
described in this clause is an individual who--
``(I) is a full-benefit dual
eligible individual (as defined in
section 1935(c)(6)), is a recipient of
supplemental security income benefits
under title XVI, or is determined to be
eligible for medical assistance under
title XIX solely by reason of clause
(i), (iii), or (iv) of section
1902(a)(10)(E); and
``(II) has failed to enroll in a
prescription drug plan or an MA-PD
plan.
``(iii) Application of notice, opt-out, and
grace period in change in enrollment
provisions.--In carrying out this subparagraph,
the Secretary shall provide for the application
of notice and change in enrollment provisions
with respect to enrollment in prescription drug
plans and MA-PD plans similar to those provided
under clauses (i), (iv), and (v) of section
1860D-31(c)(1)(F) with respect to enrollment in
endorsed discount card programs.''.
(b) Provision of Premium and Cost-Sharing Subsidies.--Section
1860D-14(a)(3)(B)(v) of such Act (42 U.S.C. 1395w-114(a)(3)(B)(v)) is
amended to read as follows:
``(v) Treatment of medicaid beneficiaries
and low-income beneficiaries in medicare
savings programs.--Subject to subparagraph (F),
the Secretary shall provide that the following
individuals who are part D eligible individuals
shall be treated as being determined to be
subsidy eligible individuals described in
paragraph (1):
``(I) Full-benefit dual eligible
individuals (as defined in section
1935(c)(6)).
``(II) Individuals who are
recipients of supplemental security
income benefits under title XVI.
``(III) Individuals who are
determined to be eligible for medical
assistance under title XIX solely by
reason of clause (i), (iii), or (iv) of
section 1902(a)(10)(E).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2071).
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Medicare Prescription Drug Low-Income Assistance Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the automatic enrollment of beneficiaries under SSA title XIX (Medicaid) in the interim prescription drug discount program and the transitional assistance program, making them eligible for the $600 per year in low-income discount card assistance without requiring a separate enrollment process. Provides for automatic enrollment for MSP beneficiaries under the permanent Medicare part D prescription drug coverage program.
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Condense the following text into a summary: .
(a) In General.--The Secretary shall, by regulation, develop
alternative dispute resolution methods for use by individuals, health
information trustees, and other persons in resolving claims under
section 161.
(b) Methods.--The methods under subsection (a) shall include at
least the following:
(1) Arbitration.--The use of arbitration.
(2) Mediation.--The use of mediation.
(3) Early offers of settlement.--The use of a process under
which parties make early offers of settlement.
(c) Standards for Establishing Methods.--In developing alternative
dispute resolution methods under subsection (a), the Secretary shall
ensure that the methods promote the resolution of claims in a manner
that--
(1) is affordable for the parties involved;
(2) provides for timely resolution of claims;
(3) provides for the consistent and fair resolution of
claims; and
(4) provides for reasonably convenient access to dispute
resolution for individuals.
SEC. 164. AMENDMENTS TO CRIMINAL LAW.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 89 the following:
``CHAPTER 90--PROTECTED HEALTH INFORMATION
``Sec.
``1831. Definitions.
``1832. Obtaining protected health information under false pretenses.
``1833. Monetary gain from obtaining protected health information under
false pretenses.
``1834. Knowing and unlawful obtaining of protected health information.
``1835. Monetary gain from knowing and unlawful obtaining of protected
health information.
``1836. Knowing and unlawful use or disclosure of protected health
information.
``1837. Monetary gain from knowing and unlawful sale, transfer, or use
of protected health information.
``Sec. 1831. Definitions
``As used in this chapter--
``(1) the term `health information trustee' has the meaning
given such term in section 3(b)(3) of the Fair Health
Information Practices Act of 1994; and
``(2) the term `protected health information has the
meaning given such term in section 3(a)(3) of such Act.
``Sec. 1832. Obtaining protected health information under false
pretenses
``Whoever under false pretenses--
``(1) requests or obtains protected health information from
a health information trustee; or
``(2) obtains from an individual an authorization for the
disclosure of protected health information about the individual
maintained by a health information trustee;
shall be fined under this title or imprisoned not more than 5 years, or
both.
``Sec. 1833. Monetary gain from obtaining protected health information
under false pretenses
``Whoever under false pretenses--
``(1) requests or obtains protected health information from
a health information trustee with the intent to sell, transfer,
or use such information for profit or monetary gain; or
``(2) obtains from an individual an authorization for the
disclosure of protected health information about the individual
maintained by a health information trustee with the intent to
sell, transfer, or use such authorization for profit or
monetary gain;
and knowingly sells, transfers, or uses such information or
authorization for profit or monetary gain shall be fined under this
title or imprisoned not more than 10 years, or both.
``Sec. 1834. Knowing and unlawful obtaining of protected health
information
``Whoever knowingly obtains protected health information from a
health information trustee in violation of the Fair Health Information
Practices Act of 1994, knowing that such obtaining is unlawful, shall
be fined under this title or imprisoned not more than 5 years, or both.
``Sec. 1835. Monetary gain from knowing and unlawful obtaining of
protected health information
``Whoever knowingly--
``(1) obtains protected health information from a health
information trustee in violation of the Fair Health Information
Practices Act of 1994, knowing that such obtaining is unlawful
and with the intent to sell, transfer, or use such information
for profit or monetary gain; and
``(2) knowingly sells, transfers, or uses such information
for profit or monetary gain;
shall be fined under this title or imprisoned not more than 10 years,
or both.
``Sec. 1836. Knowing and unlawful use or disclosure of protected health
information
``Whoever knowingly uses or discloses protected health information
in violation of the Fair Health Information Practices Act of 1994,
knowing that such use or disclosure is unlawful, shall be fined under
this title or imprisoned not more than 5 years, or both.
``Sec. 1837. Monetary gain from knowing and unlawful sale, transfer, or
use of protected health information
``Whoever knowingly sells, transfers, or uses protected health
information in violation of the Fair Health Information Practices Act
of 1994, knowing that such sale, transfer, or use is unlawful, shall be
fined under this title or imprisoned not more than 10 years, or
both.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 89 the following:
``90. Protected health information.......................... 1831''.
TITLE II--AMENDMENTS TO TITLE 5, UNITED STATES CODE
SEC. 201. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) New Subsection.--Section 552a of title 5, United States Code,
is amended by adding at the end the following:
``(w) Medical Exemptions.--The head of an agency that is a health
information trustee (as defined in section 3(b)(3) of the Fair Health
Information Practices Act of 1994) shall promulgate rules, in
accordance with the requirements (including general notice) of
subsections (b)(1), (b)(2), (b)(3), (c), and (e) of section 553 of this
title, to exempt a system of records within the agency, to the extent
that the system of records contains protected health information (as
defined in section 3(a)(3) of such Act), from all provisions of this
section except subsections (e)(1), (e)(2), subparagraphs (A) through
(C) and (E) through (I) of subsection (e)(4), and subsections (e)(5),
(e)(6), (e)(9), (e)(12), (l), (m), (n), (o), (p), (q), (r), and (u).''.
(b) Repeal.--Section 552a(f)(3) of title 5, United States Code, is
amended by striking ``pertaining to him,'' and all that follows through
the semicolon and inserting ``pertaining to the individual;''.
TITLE III--REGULATIONS; EFFECTIVE DATES; APPLICABILITY; AND
RELATIONSHIP TO OTHER LAWS
SEC. 301. REGULATIONS.
Not later than July 1, 1996, the Secretary shall prescribe
regulations to carry out this Act.
SEC. 302. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act,
and the amendments made by this Act, shall take effect on January 1,
1997.
(b) Provisions Effective Immediately.--Any provision of this Act
that imposes a duty on the Secretary shall take effect on the date of
the enactment of this Act.
SEC. 303. APPLICABILITY.
(a) Protected Health Information.--Except as provided in
subsections (b) and (c), the provisions of this Act shall apply to any
protected health information that exists in a State on or after January
1, 1997, regardless of whether the information existed or was disclosed
prior to such date.
(b) Special Purpose Trustees.--The provisions of this Act shall not
apply to any special purpose trustee, except with respect to protected
health information that is received by such a trustee on or after
January 1, 1997.
(c) Authorizations for Disclosures.--An authorization for the
disclosure of protected health information about an individual that is
executed by the individual before January 1, 1997, and is recognized
and valid under State law on December 31, 1996, shall remain valid and
shall not be subject to the requirements of section 122 until July 1,
1998, or the occurrence of the date or event (if any) specified in the
authorization upon which the authorization expires, whichever occurs
earlier.
SEC. 304. RELATIONSHIP TO OTHER LAWS.
(a) State Law.--Except as provided in subsections (b) and (c), this
Act shall prevent the establishment, continuing in effect, or
enforcement of State law to the extent such law is inconsistent with a
provision of this Act, but nothing in this Act shall be construed to
indicate an intent on the part of Congress to occupy the field in which
its provisions operate to the exclusion of the laws of any State on the
same subject matter.
(b) Privileges.--This Act does not preempt or modify State common
or statutory law to the extent such law concerns a privilege of a
witness or person in a court of the State. This Act does not supersede
or modify Federal common or statutory law to the extent such law
concerns a privilege of a witness or person in a court of the United
States.
(c) Certain Duties Under State or Federal Law.--This Act shall not
be construed to preempt, supersede, or modify the operation of--
(1) any law that provides for the reporting of vital
statistics such as birth or death information;
(2) any law requiring the reporting of abuse or neglect
information about any individual; or
(3) subpart II of part E of title XXVI of the Public Health
Service Act (relating to notifications of emergency response
employees of possible exposure to infectious diseases).
HR 4077 IH--2
HR 4077 IH--3
HR 4077 IH--4
HR 4077 IH--5
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TABLE OF CONTENTS:
Title I: Fair Information Practices for Protected
Health Information
Title II: Amendments to Title 5, United States Code
Title III: Regulations; Effective Dates; Applicability;
and Relationship to Other Laws
Fair Health Information Practices Act of 1994 -
Title I: Fair Information Practices for Protected Health Information
- Sets forth: (1) the rights of an individual with respect to health information about the individual that is created or maintained as part of the health treatment and payment process; (2) the rights and responsibilities of any individual who creates or maintains such information; and (3) enforcement mechanisms.
Title II: Amendments to Title 5, United States Code
- Amends provisions of title 5 (Government Organization and Employees) of the United States Code relating to agency records to provide that the provisions of this Act shall preempt the title V provisions regarding protected health information, except as specified.
Title III: Regulations; Effective Dates; Applicability; and Relationship to Other Laws
- Directs the Secretary of Health and Human Services to prescribe regulations to carry out this Act. Sets forth provisions concerning effective dates, applicability, and relationship to other laws.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Interrogation of
Unprivileged Enemy Belligerents Act''.
SEC. 2. PROCEDURES FOR INTERROGATION OF CERTAIN TERRORIST DETAINEES.
The Detainee Treatment Act of 2005 (title X of Public Law 109-148;
119 Stat. 2739) is amended by inserting after section 1005 the
following new section:
``SEC. 1005A. PROCEDURES FOR INTERROGATION OF CERTAIN TERRORIST
DETAINEES.
``(a) In General.--Not later than 90 days after the date of
enactment of the Effective Interrogation of Unprivileged Enemy
Belligerents Act, the Secretary of Defense, the Director of National
Intelligence, and the Attorney General, shall jointly submit to the
appropriate committees of Congress procedures for the interrogation of
unprivileged enemy belligerents who are suspected of possessing
significant information and who are under--
``(1) the control or custody of the United States; or
``(2) the control and custody of a foreign government,
entity, or law enforcement or intelligence agency that is
providing access to the United States for the purpose of
interrogation of such unprivileged enemy belligerents.
``(b) Elements of Procedures.--The procedures required by this
section shall--
``(1) provide for the creation of an entity composed of
representatives of the Federal Bureau of Investigation, the
Central Intelligence Agency, Defense Intelligence Agency, and
any other appropriate element of the intelligence community or
Department of Defense, that shall have primary responsibility
for the interrogation of unprivileged enemy belligerents who
are suspected of possessing significant information;
``(2) specify the criteria and process by which the
intelligence community determines, at any time prior to
initiating an interrogation under this section, that an
unprivileged enemy belligerent is suspected of possessing
significant information;
``(3) include a presumption that the entity created under
paragraph (1) shall interrogate unprivileged enemy belligerents
who are suspected of possessing significant information,
regardless of place of capture, unless a determination that
specific security, operational, or logistical concerns prevent
the deployment or use of such entity is made--
``(A) with respect to an unprivileged enemy
belligerent located inside the United States, by the
Director of the Federal Bureau of Investigation; or
``(B) with respect to an unprivileged enemy
belligerent located outside the United States, by the
Director of the Central Intelligence Agency, in
consultation with the Director of the Defense
Intelligence Agency;
``(4) include the process by which an individual in the
custody of a Federal, State, or local law enforcement agency or
a department or agency of the United States who is suspected of
possessing significant information may be designated at any
time as an unprivileged enemy belligerent and transferred
immediately to the custody of the Secretary of Defense for
interrogation consistent with the procedures established under
this section, including a process for the designation of
responsibilities for managing and coordinating the logistics of
detainee transport;
``(5) include the process by which the entity created under
paragraph (1)--
``(A) shall have full and complete access to an
unprivileged enemy belligerent subject to interrogation
under this section who is under the control or custody
of the United States, regardless of place of capture,
including procedures for the transfer, if necessary, of
such detainee to the custody of the Department of
Defense for purposes of interrogation; and
``(B) may request appropriate access to an
unprivileged enemy belligerent subject to interrogation
under this section who is under the control or custody
of a foreign government, entity, or law enforcement or
intelligence agency;
``(6) provide that obtaining timely and actionable
intelligence shall have priority over the interests of criminal
prosecution, including a strong presumption against providing
access to or allowing the presence of counsel during any
interrogation of an unprivileged enemy belligerent under this
section conducted for the purpose of intelligence collection;
``(7) provide that, upon conclusion of interrogation under
this section of an unprivileged enemy belligerent who is under
the control or custody of the United States, the Secretary of
Defense, in consultation with the Attorney General and the
Director of National Intelligence, shall determine the status
and disposition of such individual; and
``(8) provide that exceptions to the procedures required by
this section may only be authorized--
``(A) with respect to an unprivileged enemy
belligerent located inside the United States, by the
Director of the Federal Bureau of Investigation; or
``(B) with respect to an unprivileged enemy
belligerent located outside the United States, by the
Director of the Central Intelligence Agency, in
consultation with the Director of the Defense
Intelligence Agency.
``(c) Identification.--Not later than 180 days after the date of
enactment of the Effective Interrogation of Unprivileged Enemy
Belligerents Act, and every 180 days thereafter, the Director of
National Intelligence shall provide to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives the identities of any
unprivileged enemy belligerents who, during such period, have been--
``(1) interrogated pursuant to this section; or
``(2) determined by the intelligence community under
subsection (b)(2) to meet the requirements for interrogation
pursuant to this section.
``(d) Modification of Procedures.--
``(1) Submission to appropriate committees of congress.--
The Secretary of Defense, in coordination with the Director of
National Intelligence and the Attorney General, shall submit to
the appropriate committees of Congress any modification of the
procedures submitted under this section not later than 60 days
before the date on which such modification becomes effective.
``(2) Notification.--If during the course of, or prior to,
the conduct of an interrogation of an unprivileged enemy
belligerent, an exception to the procedures submitted under
this section is authorized under subsection (b), the Secretary
of Defense, in coordination with the Director of National
Intelligence and the Attorney General, shall notify the
appropriate committees of Congress within ten days of such
authorization.
``(e) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Armed Services, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate; and
``(B) the Committee on Armed Services, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
``(2) Intelligence community.--The term `intelligence
community' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
``(3) Interrogation.--The term `interrogation' includes
custodial debriefings of unprivileged enemy belligerents who
are suspected of possessing significant information conducted
for the purpose of intelligence collection.
``(4) Unprivileged enemy belligerent.--The term
`unprivileged enemy belligerent' has the meaning given that
term in section 2256(a) of title 28, United States Code.''.
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Effective Interrogation of Unprivileged Enemy Belligerents Act - Amends the Detainee Treatment Act of 2005 to require the Secretary of Defense (DOD), the Director of National Intelligence (DNI), and the Attorney General to jointly submit to Congress procedures for the interrogation of unprivileged enemy belligerents who are suspected of possessing significant information and who are under the control and custody of the United States or a foreign government, entity, or law enforcement or intelligence agency that is providing access to the United States for the purpose of interrogation. Requires such procedures to include the creation of an entity composed of representatives of the Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), Defense Intelligence Agency (DIA), and any other appropriate element of the intelligence community or DOD, which shall have primary responsibility for the interrogation of such belligerents. Requires the Secretary, upon conclusion of an interrogation, to determine the individual's status and disposition.
Requires the DNI to notify the congressional intelligence committees semiannually of the identities of any unprivileged enemy belligerents who have been interrogated or determined to meet the requirements for interrogation.
Directs the Secretary to notify Congress: (1) within 60 days after any modifications to the interrogation procedures, and (2) within ten days after the authorization of an exception to such procedures.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Certain Estate Tax Relief Act of
2009''.
SEC. 2. RETENTION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS.
(a) In General.--Subtitles A and E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the amendments
made by such subtitles, are hereby repealed; and the Internal Revenue
Code of 1986 shall be applied as if such subtitles, and amendments, had
never been enacted.
(b) Sunset Not To Apply.--Section 901 of the Economic Growth and
Tax Relief Reconciliation Act of 2001 shall not apply to title V of
such Act.
(c) Conforming Amendments.--Subsections (d) and (e) of section 511
of the Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subsections, are hereby repealed; and the
Internal Revenue Code of 1986 shall be applied as if such subsections,
and amendments, had never been enacted.
SEC. 3. MODIFICATIONS TO ESTATE TAX.
(a) $3,500,000 Exclusion Equivalent of 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 ``the
applicable exclusion amount'' and inserting ``. For purposes of the
preceding sentence, the applicable exclusion amount is $3,500,000.''.
(b) Freeze Maximum Estate Tax Rate at 45 Percent; Restoration of
Phaseout of Graduated Rates and Unified Credit.--
(1) Paragraph (1) of section 2001(c) of such Code is
amended by striking the last 2 items in the table and inserting
the following new item:
``Over $1,500,000............................ $555,800, plus 45 percent of the excess of such amount over
$1,500,000.''.
(2) Paragraph (2) of section 2001(c) of such Code is
amended to read as follows:
``(2) Phaseout of graduated rates and unified credit.--The
tentative tax determined under paragraph (1) shall be increased
by an amount equal to 5 percent of so much of the amount (with
respect to which the tentative tax is to be computed) as
exceeds $10,000,000. The amount of the increase under the
preceding sentence shall not exceed the sum of the applicable
credit amount under section 2010(c) and $119,200.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2009.
SEC. 4. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS;
LIMITATION ON MINORITY DISCOUNTS.
(a) In General.--Section 2031 of the Internal Revenue Code of 1986
(relating to definition of gross estate) is amended by redesignating
subsection (d) as subsection (f) and by inserting after subsection (c)
the following new subsections:
``(d) Valuation Rules for Certain Transfers of Nonbusiness
Assets.--For purposes of this chapter and chapter 12--
``(1) In general.--In the case of the transfer of any
interest in an entity other than an interest which is actively
traded (within the meaning of section 1092)--
``(A) the value of any nonbusiness assets held by
the entity shall be determined as if the transferor had
transferred such assets directly to the transferee (and
no valuation discount shall be allowed with respect to
such nonbusiness assets), and
``(B) the nonbusiness assets shall not be taken
into account in determining the value of the interest
in the entity.
``(2) Nonbusiness assets.--For purposes of this
subsection--
``(A) In general.--The term `nonbusiness asset'
means any asset which is not used in the active conduct
of 1 or more trades or businesses.
``(B) Exception for certain passive assets.--Except
as provided in subparagraph (C), a passive asset shall
not be treated for purposes of subparagraph (A) as used
in the active conduct of a trade or business unless--
``(i) the asset is property described in
paragraph (1) or (4) of section 1221(a) or is a
hedge with respect to such property, or
``(ii) the asset is real property used in
the active conduct of 1 or more real property
trades or businesses (within the meaning of
section 469(c)(7)(C)) in which the transferor
materially participates and with respect to
which the transferor meets the requirements of
section 469(c)(7)(B)(ii).
For purposes of clause (ii), material participation
shall be determined under the rules of section 469(h),
except that section 469(h)(3) shall be applied without
regard to the limitation to farming activity.
``(C) Exception for working capital.--Any asset
(including a passive asset) which is held as a part of
the reasonably required working capital needs of a
trade or business shall be treated as used in the
active conduct of a trade or business.
``(3) Passive asset.--For purposes of this subsection, the
term `passive asset' means any--
``(A) cash or cash equivalents,
``(B) except to the extent provided by the
Secretary, stock in a corporation or any other equity,
profits, or capital interest in any entity,
``(C) evidence of indebtedness, option, forward or
futures contract, notional principal contract, or
derivative,
``(D) asset described in clause (iii), (iv), or (v)
of section 351(e)(1)(B),
``(E) annuity,
``(F) real property used in 1 or more real property
trades or businesses (as defined in section
469(c)(7)(C)),
``(G) asset (other than a patent, trademark, or
copyright) which produces royalty income,
``(H) commodity,
``(I) collectible (within the meaning of section
401(m)), or
``(J) any other asset specified in regulations
prescribed by the Secretary.
``(4) Look-thru rules.--
``(A) In general.--If a nonbusiness asset of an
entity consists of a 10-percent interest in any other
entity, this subsection shall be applied by
disregarding the 10-percent interest and by treating
the entity as holding directly its ratable share of the
assets of the other entity. This subparagraph shall be
applied successively to any 10-percent interest of such
other entity in any other entity.
``(B) 10-percent interest.--The term `10-percent
interest' means--
``(i) in the case of an interest in a
corporation, ownership of at least 10 percent
(by vote or value) of the stock in such
corporation,
``(ii) in the case of an interest in a
partnership, ownership of at least 10 percent
of the capital or profits interest in the
partnership, and
``(iii) in any other case, ownership of at
least 10 percent of the beneficial interests in
the entity.
``(5) Coordination with subsection (b).--Subsection (b)
shall apply after the application of this subsection.
``(e) Limitation on Minority Discounts.--For purposes of this
chapter and chapter 12, in the case of the transfer of any interest in
an entity other than an interest which is actively traded (within the
meaning of section 1092), no discount shall be allowed by reason of the
fact that the transferee does not have control of such entity if the
transferee and members of the family (as defined in section
2032A(e)(2)) of the transferee have control of such entity.''.
(b) Effective Date.--The amendments made by this section shall
apply to transfers after the date of the enactment of this Act.
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Certain Estate Tax Relief Act of 2009 - Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) eliminating the tax on estates and generation-skipping transfers and the step-up in basis provisions for property acquired from a decedent for estates of decedents dying after 2009. Declares that the sunset provision (general terminating date of December 10, 2010) of EGTRRA shall not apply to title V of such Act ( Estate, Gift, and Generation-Skipping Transfer Tax Provisions).
Amends the Internal Revenue Code to: (1) provide for an increase to $3.5 million of the estate tax exclusion (eliminating the phase-in period); (2) impose a maximum estate tax rate of 45% ; (3) restore the phaseout of graduated estate tax rates and the unified credit against the estate tax; (4) set forth estate valuation rules for certain transfers of nonbusiness assets; and (5) limit estate tax discounts for certain individuals with minority interests in a business acquired from a decedent.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trash Reduction Act of 2015''.
SEC. 2. IMPOSITION OF TAX ON CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on each carryout bag.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be $0.10 per carryout bag.
``(c) Liability for Tax.--The retailer shall be liable for the tax
imposed by this section.
``(d) Definitions.--For purposes of this section--
``(1) Carryout bag.--
``(A) In general.--The term `carryout bag' means a
bag of any material, commonly plastic or kraft paper,
which is provided to a consumer at the point of sale to
carry or cover purchases, merchandise, or other items.
``(B) Exceptions.--Such term does not include--
``(i) any reusable bag that is distributed
to a customer without charge during a limited
duration promotional event,
``(ii) any bag manufactured for use by a
customer inside a store to package bulk items
such as fruit, vegetables, nuts, grains, candy,
or small hardware items, such as nails and
bolts,
``(iii) any bag that contains or wraps
frozen foods, prepared foods, or baked goods
when not prepackaged,
``(iv) any bag manufactured for use by a
pharmacist to contain prescription drugs, and
``(v) any bag manufactured to be sold at
retail in packages containing multiple bags
intended for use as garbage, pet waste, or yard
waste bags.
``(2) Reusable bag.--The term `reusable bag' means a bag
that is--
``(A)(i) made of cloth or other machine washable
fabric, or
``(ii) made of a durable plastic that is at least
2.25 millimeters thick, and
``(B) is specifically designed and manufactured for
multiple use.
``(3) Limited duration promotional event.--A limited
duration promotional event shall not be treated as including
any day in a calendar year if limited duration promotional
events taken into account under paragraph (1)(B)(i) have
occurred on 7 or more preceding days during such calendar year.
``(e) Special Rules.--
``(1) Pass through of tax.--The tax imposed by subsection
(a) shall be passed through to the customer and shall be
separately stated on the receipt of sale provided to the
customer.
``(2) 1st retail sale; use treated as sale.--For purposes
of this section, rules similar to the rules of subsections (a)
and (b) of section 4002 shall apply.''.
(b) Plastic Carryout Bag Recycling Program.--Subchapter B of
chapter 65 of such Code is amended by adding at the end the following
new section:
``SEC. 6433. QUALIFIED PLASTIC CARRYOUT BAG RECYCLING PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
carryout bag,
``(2) a retailer provides such bag to a customer in a point
of sale transaction,
``(3) in the case of a carryout bag made of paper, such
paper consists of not less than 40 percent post-consumer
recycled content,
``(4) such retailer has in effect at the time of such
transaction a qualified plastic carryout bag recycling program,
and
``(5) such retailer has kept and can produce records for
purposes of this section and section 4056 that include the
total number of carryout bags purchased and the amounts passed
through to the customer for such bags pursuant to section
4056(e),
the Secretary shall pay (without interest) to such retailer an amount
equal to the applicable amount for each such bag used by the retailer
in connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is $0.04.
``(c) Qualified Plastic Carryout Bag Recycling Program.--For
purposes of this section--
``(1) In general.--The term `qualified plastic carryout bag
recycling program' means a recycling program under which the
retailer--
``(A) to the extent the retailer provides carryout
bags (as defined in section 4056) made of plastic to
customers--
``(i) passes through the tax imposed by
section 4056 and tracks the total number of
bags purchased and amount of tax passed through
pursuant to section 6433(a),
``(ii) has printed or displayed on each
such bag, in a manner clearly visible to a
customer, the words `PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING',
``(iii) uses bags that are 100-percent
recyclable, and
``(iv) uses bags that are made of high-
density polyethylene film marked with the SPI
resin identification code 2 or low-density
polyethylene film marked with the SPI resin
identification code 4,
``(B) places at each place of business at which
retail operations are conducted one or more plastic
carryout bag collection bins which are visible, easily
accessible to the customer, and clearly marked as being
for the purpose of collecting and recycling plastic
carryout bags,
``(C) recycles the plastic carryout bags collected
pursuant to subparagraph (B),
``(D) maintains for not less than 3 years records
(which shall be available to the Secretary) describing
the collection, transport, and recycling of plastic
carryout bags collected,
``(E) makes available to customers within the
retail establishment reusable bags (as defined in
section 4056(c)(2)) which may be purchased and used in
lieu of using a single-use carryout bag, and
``(F) meets the definition of section 4056(d)(3).
``(2) Recycling program.--The term `recycling program'
means a program that processes used materials or waste
materials into new products to prevent waste of potentially
useful materials; reduce raw materials consumption; reduce
energy usage; reduce air, water, or other pollution; or reduce
the need for disposal.''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at the end
the following:
``SEC. 9512. CARRYOUT BAG TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Carryout Bag
Trust Fund' (referred to in this section as the `Trust Fund'),
consisting of such amounts as may be appropriated or credited to the
Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for making
payments under section 6433.
``(d) Transfer to Land and Water Conservation Fund.--
``(1) In general.--The Secretary shall pay from time to
time from the Trust Fund into the Land and Water Conservation
Fund provided for in title I of the Land and Water Conservation
Fund Act of 1965 amounts (as determined by the Secretary)
equivalent to the aggregate of the transactions on which tax is
imposed under section 4056 aggregate amounts determined on the
basis of $0.06.
``(2) Special rule regarding amounts transferred.--Amounts
transferred to the Land and Water Conservation Fund under
paragraph (1) shall not be taken into account for purposes of
determining amounts to be appropriated or credited to the fund
under section 2(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5(c)).''.
(d) Study.--Not later than December 31, 2017, the Comptroller
General of the United States shall conduct a study on the effectiveness
of the provisions of this Act at reducing the use of carryout bags and
encouraging recycling of such bags. The report shall address--
(1) measures that the Comptroller General determines may
increase the effectiveness of such provisions, including the
amount of tax imposed on each carryout bag, and
(2) any effects, both positive and negative, on any United
States businesses.
The Comptroller General shall submit a report of such study to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to subchapter C
the following new item:
``Subchapter D. Carryout bags.''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6433. Qualified plastic carryout bag recycling program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Carryout bag trust fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on July 1, 2016.
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Trash Reduction Act of 2015 This bill amends the Internal Revenue Code to require retailers to pay a $0.10 excise tax on each carryout bag provided to a consumer. A "carryout bag" means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. Reusable bags and certain other bags used for specified purposes are exempt from such tax. The bill allows retailers who establish a qualified plastic carryout bag recycling program a rebate for each recyclable bag used by the retailer. The bill establishes the Carryout Bag Trust Fund to hold tax revenues generated by this Act and directs the Department of the Treasury to make payments from such Trust Fund for the qualified plastic carryout bag recycling program and to the Land and Water Conservation Fund established by the Land and Water Conservation Fund Act of 1965. The Government Accountability Office must study and report to Congress on the effectiveness of this Act in reducing the use of carryout bags and encouraging recycling of such bags.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children First Child Support Reform
Act of 1999''.
SEC. 2. DISTRIBUTION AND TREATMENT OF CHILD SUPPORT COLLECTED BY THE
STATE.
(a) State Option to Pass All Child Support Collected Directly to
the Family.--
(1) In general.--Section 457 of the Social Security Act (42
U.S.C. 657) is amended--
(A) in subsection (a), by striking ``(e) and (f)''
and inserting ``(e), (f), and (g)''; and
(B) by adding at the end the following:
``(g) State Option to Pass Through All Support Collected to the
Family.--
``(1) In general.--At State option, subject to paragraph
(2), and subsections (a)(4), (b), (e), (d), and (f), this
section shall not apply to any amount collected on behalf of a
family as support by the State and any amount so collected
shall be distributed to the family.
``(2) Income protection requirement.--A State may not elect
the option described in paragraph (1) unless the State ensures
that any amount distributed to a family in accordance with that
paragraph is not included in the income of the family for
purposes of determining the eligibility of the family for, or
the amount of, assistance under the State program funded under
part A until the family has actually received the amount.
``(3) Option to pass through amounts collected pursuant to
a continued assignment.--At State option, any amount collected
pursuant to an assignment continued under subsection (b) may be
distributed to the family in accordance with paragraph (1).
``(4) Release of obligation to pay federal share.--If a
State that elects the option described in paragraph (1) also
elects to disregard under section 408(a)(12)(B) at least 50
percent (determined, at the option of the State, in the
aggregate or on a case-by-case basis) of the total amount
annually collected and distributed to all families in
accordance with paragraph (1) for purposes of determining the
amount of assistance for such families under the State program
funded under part A, the State is released from--
``(A) calculating the Federal share of the amounts
so distributed and disregarded; and
``(B) paying such share to the Federal
Government.''.
(2) Authority to claim passed through amount for purposes
of tanf maintenance
of effort requirements.--Section 409(a)(7)(B)(i)(I)(aa) of the
Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is
amended by inserting ``, and, in the case of a State that
elects under section 457(g) to distribute any amount so
collected directly to the family, any amount so distributed
(regardless of whether the State also disregards that amount
under section 408(a)(12) in determining the eligibility of the
family for, or the amount of, such assistance)'' before the
period.
(b) State Option to Disregard Child Support Collected for Purposes
of Determining Eligibility for, or Amount of, TANF Assistance.--Section
408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by
adding at the end the following:
``(12) State option to disregard child support in
determining eligibility for, or amount of, assistance.--
``(A) Option to disregard child support for
purposes of determining eligibility.--A State to which
a grant is made under section 403 may disregard any
part of any amount received by a family as a result of
a child support obligation in determining the family's
income for purposes of determining the family's
eligibility for assistance under the State program
funded under this part.
``(B) Option to disregard child support in
determining amount of assistance.--A State to which a
grant is made under section 403 may disregard any part
of any amount received by a family as a result of a
child support obligation in determining the amount of
assistance that the State will provide to the family
under the State program funded under this part.''.
(c) Maintenance of Effort Requirement.--Section 454 of the Social
Security Act (42 U.S.C. 654) is amended--
(1) in paragraph (32), by striking ``and'' at the end;
(2) in paragraph (33), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(34) provide that, if the State elects to distribute
support directly to a family in accordance with section 457(g),
the State share of expenditures under this part for a fiscal
year shall not be less than an amount equal to the highest
amount of such share expended for fiscal year 1995, 1996, 1997,
or 1998 (determined without regard to any amount expended that
was eligible for payment under section 455(a)(3)).''.
(d) Conforming Amendment.--Section 457(f) of the Social Security
Act (42 U.S.C. 657(f)) is amended by striking ``Notwithstanding'' and
inserting ``Amounts Collected On Behalf of Children in Foster Care.--
Notwithstanding''.
(e) Effective Date.--The amendments made by this section take
effect on October 1, 1999.
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Children First Child Support Reform Act of 1999 - Amends title IV, part D of the Social Security Act (Child Support and Establishment of Paternity) to prescribe guidelines for the States to exercise the option of: (1) distributing State-collected child support payments directly to a family receiving assistance under the temporary assistance to needy families program; and (2) disregarding any such payments when determining the family's eligibility for assistance under such program.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
and Government Accountability Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress has the power to regulate commerce among the
several States and Indian tribes;
(2) property rights are essential to interstate commerce,
ensuring that individuals make the best economic use of their
property;
(3) potential residents and businesses may avoid
communities that have a record of taking private property for
private economic development;
(4) public takings for private purposes are harmful to
communities and to interstate commerce;
(5) public taking of private property for economic
development is not a traditional nor sound function of State or
local government; and
(6) in order to promote and protect interstate commerce,
public takings for private purposes should be prohibited.
SEC. 3. PROHIBITION ON ECONOMIC DEVELOPMENT FUNDS.
Any State or political subdivision of a State that carries out a
public taking for any private purpose in or affecting interstate
commerce shall not be eligible to receive any Federal economic
development funds for a period of 10 fiscal years.
SEC. 4. INJUNCTIVE RELIEF AND RESTORATION TO OWNER.
(a) Cause of Action.--Any owner of private property that is subject
to a public taking described in section 3 may bring an action in the
appropriate Federal or State court to obtain injunctive and declaratory
relief.
(b) Attorney's Fee and Other Costs.--In any action or proceeding
under this section, the court shall allow a prevailing plaintiff a
reasonable attorney's fee as part of the costs, and include expert fees
as part of the attorney's fee.
SEC. 5. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Private purpose.--
(A) In general.--The term ``private purpose'', with
regard to property that has been acquired and conveyed
through a public taking, means the ownership, control,
or use of such property by a private party or parties
that advances the economic interests of the private
party or parties. Such term includes but is not limited
to the following:
(i) Any use of such property in an economic
development plan of which the benefit to the
public is increased tax revenue, increased
employment, or other indirect benefit.
(ii) The lease of such property to a
private party or parties for private
development, including commercial, industrial,
or residential development.
(iii) Any control of such property by a
private party that--
(I) excludes a general public use
or benefit; or
(II) primarily benefits the private
party or parties and benefits the
public indirectly.
(B) Exceptions.--Such term shall not include--
(i) conveying private property to public
ownership, such as for a road, hospital, or
prison, or to an entity, such as a common
carrier, that makes the property available for
use by the general public as of right, such as
a railroad, public utility, or public facility,
or for use as a right of way, aqueduct,
pipeline, or similar use;
(ii) acquiring property to eliminate
harmful uses of the property, provided such
uses present an imminent and substantial danger
to the public health;
(iii) leasing property to a private person
or entity that occupies an incidental part of
public property or a public facility, such as a
retail establishment on the ground floor of a
public building;
(iv) acquiring abandoned property; and
(v) clearing defective chains of title.
(2) Federal economic development funds.--The term ``Federal
economic development funds'' means any Federal funds--
(A) administered by the Secretary of Commerce, the
Secretary of Energy, or the Administrator of the
Environmental Protection Agency, and distributed to or
through States or political subdivisions of States, to
the extent such funds are not provided to assist States
or political subdivisions of States in complying with
any requirements of Federal law or regulation; or
(B) distributed to or through States or political
subdivisions of States under Federal laws and whose
purpose is to promote interstate commerce and improve
or increase the size of the economies of States or
political subdivisions of States.
(3) Public taking.--The term ``public taking'' means an
action by a State or political subdivision of a State or by any
person or entity to which such power has been delegated that
transfers all or part of the legal rights in property from a
private owner to another person or to public ownership without
the consent of the private owner.
SEC. 6. GENERAL AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF
COMMERCE.
There is authorized to be appropriated to the Secretary of Commerce
to carry out the functions of the Department--
(1) $8,919,000,000 for fiscal year 2009;
(2) $11,974,000,000 for fiscal year 2010;
(3) $6,953,000,000 for fiscal year 2011;
(4) $6,691,000,000 for fiscal year 2012; and
(5) $6,780,000,000 for fiscal year 2013.
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Private Property Rights Protection and Government Accountability Act - Makes any state or political subdivision thereof that carries out a public taking for any private purpose in or affecting interstate commerce ineligible for any federal economic development funds for ten fiscal years.
Entitles any owner of private property subject to such a taking to injunctive and declaratory relief.
Authorizes appropriations for the Department of Commerce for FY2009-FY2013.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Workforce
Enhancement Act''.
SEC. 2. ORTHOTICS AND PROSTHETICS EDUCATION IMPROVEMENT.
(a) Grants Required.--
(1) In general.--The Secretary of Veterans Affairs shall
award grants to eligible institutions to enable the eligible
institutions--
(A) to establish a master's degree or doctoral
degree program in orthotics and prosthetics; or
(B) to expand upon an existing master's degree
program in orthotics and prosthetics, including by
admitting more students, further training faculty,
expanding facilities, or increasing cooperation with
the Department of Veterans Affairs and the Department
of Defense.
(2) Priority.--The Secretary shall give priority in the
award of grants under this section to eligible institutions
that have entered into a partnership with a medical center or
clinic administered by the Department of Veterans Affairs or a
facility administered by the Department of Defense, including
by providing clinical rotations at such medical center, clinic,
or facility.
(3) Grant amounts.--Grants awarded under this section shall
be in amounts of not less than $1,000,000 and not more than
$1,500,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter for two
years, the Secretary shall issue a request for proposals from
eligible institutions for grants under this section.
(2) Proposals.--An eligible institution that seeks the
award of a grant under this section shall submit an application
therefor to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require,
including--
(A) demonstration of a willingness and ability to
participate in a partnership described in subsection
(a)(2); and
(B) a commitment, and demonstration of an ability,
to maintain an accredited orthotics and prosthetics
education program after the end of the grant period.
(c) Grant Uses.--
(1) In general.--An eligible institution awarded a grant
under this section shall use grant amounts to carry out any of
the following:
(A) Building new or expanding existing orthotics
and prosthetics master's or doctoral programs.
(B) Training doctoral candidates in fields related
to orthotics and prosthetics to prepare them to
instruct in orthotics and prosthetics programs.
(C) Training faculty in orthotics and prosthetics
education or related fields for the purpose of
instruction in orthotics and prosthetics programs.
(D) Salary supplementation for faculty in orthotics
and prosthetics education.
(E) Financial aid that allows eligible institutions
to admit additional students to study orthotics and
prosthetics.
(F) Funding faculty research projects or faculty
time to undertake research in the areas of orthotics
and prosthetics for the purpose of furthering their
teaching abilities.
(G) Renovation of buildings or minor construction
to house orthotics and prosthetics education programs.
(H) Purchasing equipment for orthotics and
prosthetics education.
(2) Limitation on construction.--An eligible institution
awarded a grant under this section may use not more than 50
percent of the grant amount to carry out paragraph (1)(G).
(3) Admissions preference.--An eligible institution awarded
a grant under this section shall give preference in admission
to the orthotics and prosthetics master's or doctoral programs
to veterans, to the extent practicable.
(4) Period of use of funds.--An eligible institution
awarded a grant under this section may use the grant funds for
a period of three years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means an educational
institution that offers an orthotics and prosthetics education
program that--
(A) is accredited by the National Commission on
Orthotic and Prosthetic Education in cooperation with
the Commission on Accreditation of Allied Health
Education Programs (referred to in this section as the
``National Commission''); or
(B) demonstrates an ability to meet the
accreditation requirements for orthotic and prosthetic
education from the National Commission if the
institution receives a grant under this section.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
fiscal year 2014 for the Department of Veterans Affairs,
$15,000,000 to carry out this section. The amount so authorized
to be appropriated shall remain available for obligation until
September 30, 2016.
(2) Unobligated amounts to be returned to the treasury.--
Any amounts authorized to be appropriated by paragraph (1) that
are not obligated by the Secretary as of September 30, 2016,
shall be returned to the Treasury of the United States.
SEC. 3. CENTER OF EXCELLENCE IN ORTHOTIC AND PROSTHETIC EDUCATION.
(a) Grant for Establishment of Center.--
(1) In general.--The Secretary of Veterans Affairs shall
award a grant to an eligible institution to enable the eligible
institution to--
(A) establish the Center of Excellence in Orthotic
and Prosthetic Education (hereafter in this section
referred to as the ``Center''); and
(B) enable the eligible institution to improve
orthotic and prosthetic outcomes for veterans, members
of the Armed Forces, and civilians by conducting
evidence-based research on--
(i) the knowledge, skills, and training
most needed by clinical professionals in the
field of orthotics and prosthetics; and
(ii) how to most effectively prepare
clinical professionals to provide effective,
high-quality orthotic and prosthetic care.
(2) Priority.--The Secretary shall give priority in the
award of a grant under this section to an eligible institution
that has in force, or demonstrates the willingness and ability
to enter into, a memoranda of understanding with the Department
of Veterans Affairs, Department of Defense, or other
appropriate Government agency, or a cooperative agreement with
an appropriate private sector entity, which memorandum of
understanding or cooperative agreement provides for either, or
both, of the following:
(A) The provision of resources, whether in cash or
in kind, to the Center.
(B) To assist the Center in research and the
dissemination of the results of such research.
(3) Grant amount.--The grant awarded under this section
shall be in the amount of $5,000,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall issue a request
for proposals from eligible institutions for a grant under this
section.
(2) Proposals.--An eligible institution that seeks the
award of the grant under this section shall submit an
application therefor to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require.
(c) Grant Uses.--
(1) In general.--The eligible institution awarded the grant
under this section shall use the grant amount for purposes as
follows:
(A) To develop an agenda for orthotics and
prosthetics education research.
(B) To fund research in the area of orthotics and
prosthetics education.
(C) To publish or otherwise disseminate research
findings relating to orthotics and prosthetics
education.
(2) Period of use of funds.--The eligible institution
awarded the grant under this section may use the grant amount
for a period of five years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means an educational
institution that--
(A) has a robust research program;
(B) offers an orthotics and prosthetics education
program that is accredited by the National Commission
on Orthotic and Prosthetic Education in cooperation
with the Commission on Accreditation of Allied Health
Education Programs;
(C) is well recognized in the field of orthotics
and prosthetics education; and
(D) has an established association with--
(i) a medical center or clinic of the
Department of Veterans Affairs; and
(ii) a local rehabilitation hospital.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2014 for the Department of Veterans
Affairs, $5,000,000 to carry out this section.
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Wounded Warrior Workforce Enhancement Act - Directs the Secretary of Veterans Affairs (VA) to award grants to eligible institutions to: (1) establish a master's or doctoral degree program in orthotics and prosthetics, or (2) expand upon an existing master's degree program in such area. Requires a grant priority for institutions in partnership with a medical center administered by the VA or a facility administered by the Department of Defense (DOD). Provides grant amounts of at least $1 million and up to $1.5 million. Defines as eligible institutions those either accredited by the National Commission on Orthotic and Prosthetic Education or demonstrating an ability to meet such accreditation requirements if receiving a grant. Requires the Secretary to award a grant to an institution with orthotic and prosthetic research and education experience to: (1) establish the Center of Excellence in Orthotic and Prosthetic Education; and (2) improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting orthotic and prosthetic-based research.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nicaraguan Investment Conditionality
Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 2006, Nicaragua, under President Enrique Bolanos,
entered into a $175,000,000, 5-year compact with the Millennium
Challenge Corporation (in this section referred to as the
``MCC'').
(2) After the 2008 municipal elections, the MCC stated that
there was a pattern of decline in political rights and civil
liberties in Nicaragua.
(3) In 2009, the MCC terminated the compact and reduced the
amount of MCC funds available to Nicaragua by $61,500,000,
which led to the compact ending in 2011.
(4) According to the law of Nicaragua, the National
Assembly is the only institution allowed to change the
constitution but in 2009, Daniel Ortega circumvented the
legislature and went to the Supreme Court, which he controls,
to rule in his favor that presidential term limits were
inapplicable.
(5) The Committee on Foreign Affairs of the House of
Representatives convened a congressional hearing on December 1,
2011, entitled ``Democracy Held Hostage in Nicaragua: Part 1''
where former United States Ambassador to Nicaragua Robert
Callahan testified, ``First, that Daniel Ortega's candidacy was
illegal, illegitimate, and unconstitutional; second, that the
period leading to the elections and the elections themselves
were marred by serious fraud; third, that Daniel Ortega and his
Sandinista party have systematically undermined the country's
fragile governmental institutions.''.
(6) From fiscal year 2012 until the date of the enactment
of this Act, the Department of State found that Nicaragua did
not meet international standards of fiscal transparency.
(7) On January 25, 2012, a press statement from Secretary
of State Hillary Clinton said: ``As noted by international
observers and Nicaraguan civil society groups, Nicaragua's
recent elections were not conducted in a transparent and
impartial manner, and the entire electoral process was marred
by significant irregularities. The elections marked a setback
to democracy in Nicaragua and undermined the ability of
Nicaraguans to hold their government accountable.''.
(8) According to the Department of State's 2015 Fiscal
Transparency Report: ``The government does not publicly account
for the expenditure of significant off-budget assistance from
Venezuela and this assistance is not subject to audit or
legislative oversight. Allocations to and earnings from state-
owned enterprises are included in the budget, but most state-
owned enterprises are not audited. The supreme audit
institution also does not audit the government's full financial
statements. Nicaragua's fiscal transparency would be improved
by including all off-budget revenue and expenditure in the
budget, auditing state-owned enterprises, and conducting a full
audit of the government's annual financial statements and
making audit reports publicly available within a reasonable
period of time.''.
(9) According to the Department of State's Country Reports
on Human Rights Practices for 2015: ``In 2011 the Supreme
Electoral Council (CSE) announced the re-election of President
Daniel Ortega Saavedra of the Sandinista National Liberation
Front (FSLN) in elections that international and domestic
observers characterized as seriously flawed. International and
domestic organizations raised concerns regarding the
constitutional legitimacy of Ortega's re-election. The 2011
elections also provided the ruling party with a supermajority
in the National Assembly, allowing for changes in the
constitution, including extending the reach of executive branch
power and the elimination of restrictions on re-election for
executive branch officials and mayors. Observers noted serious
flaws during the 2012 municipal elections and March 2014
regional elections.''.
(10) According to the Department of State's Country Reports
on Human Rights Practices for 2015 in Nicaragua: ``The
principal human rights abuses were restrictions on citizens'
right to vote; obstacles to freedom of speech and press,
including government intimidation and harassment of journalists
and independent media, as well as increased restriction of
access to public information, including national statistics
from public offices; and increased government harassment and
intimidation of nongovernmental organizations (NGOs) and civil
society organizations.''.
(11) The same 2015 report stated: ``Additional significant
human rights abuses included considerably biased policies to
promote single-party dominance; arbitrary police arrest and
detention of suspects, including abuse during detention; harsh
and life-threatening prison conditions with arbitrary and
lengthy pretrial detention; discrimination against ethnic
minorities and indigenous persons and communities.''.
(12) In February 2016, the Ortega regime detained and
expelled Freedom House's Latin America Director, Dr. Carlos
Ponce, from Nicaragua.
(13) On May 10, 2016, the Supreme Electoral Council
announced and published the electoral calendar that aims to
govern the electoral process.
(14) After receiving the electoral calendar for the 2016
presidential elections, the Nicaraguan political opposition
raised concerns and pointed to a number of anomalies such as
the electoral calendar failed to contemplate national and
international observations, failed to agree to publicly publish
the precincts results of each Junta Receptora de Voto, and
failed to purge the electoral registration rolls in a
transparent and open manner.
(15) Nicaragua's constitution mandates terms of 5 years for
municipal authorities, which would indicate that the next
municipal elections must occur in 2017.
(16) On June 3, 2016, the Nicaraguan Supreme Court, which
is controlled by Ortega, instructed the Supreme Electoral
Council not to swear in Nicaraguan opposition members to the
departmental and regional electoral councils.
(17) On June 5, 2016, regarding international observers for
the 2016 presidential elections, Daniel Ortega stated: ``Here,
the observation ends. Go observe other countries. . . . There
will be no observation, neither from the European Union, nor
the [Organization of American States] . . .''.
(18) On June 7, 2016, the Department of State's Bureau of
Democracy, Human Rights and Labor posted on social media:
``Disappointed government of Nicaragua said it will deny
electoral observers requested by Nicaraguan citizens, church,
and private sector. . . . We continue to encourage the
government of Nicaragua to allow electoral observers as
requested by Nicaraguans.''.
(19) On June 8, 2016, the Supreme Electoral Council, which
is controlled by Ortega, announced a ruling, which changed the
leadership structure of the opposition party and in practice
allegedly barred all existing opposition candidates from
running for office.
(20) On June 14, 2016, Daniel Ortega expelled 3 United
States Government officials (2 officials from U.S. Customs and
Border Protection and one professor from the National Defense
University) from Nicaragua.
(21) On June 22, 2016, a Global Fellow from the Woodrow
Wilson Center chose to leave Nicaragua because of fear.
According to a media report, the fellow stated, ``Police were
following me. I did not understand the reason why they were
following me, but it was clear to me what they were doing. . .
. Of course (I felt fear), I was surprised especially because
the research I am doing is completely academic, not
journalistic, and that made me wonder why they would be so
interested in something like that.''.
(22) On June 29, 2016, the Department of State issued a
Nicaragua Travel Alert which stated: ``The Department of State
alerts U.S. citizens about increased government scrutiny of
foreigners' activities, new requirements for volunteer groups,
and the potential for demonstrations during the upcoming
election season in Nicaragua. . . . Nicaraguan authorities have
denied entry to, detained, questioned, or expelled foreigners,
including U.S. government officials, academics, NGO workers,
and journalists, for discussions, written reports or articles,
photographs, and/or videos related to these topics. Authorities
may monitor and question private U.S. citizens concerning their
activities, including contact with Nicaraguan citizens.''.
(23) On June 30, 2016, the Human Rights Foundation issued a
press release stating: ``Daniel Ortega has used all sorts of
trickery to push for constitutional reforms and illegal court
rulings in order to extend his time in power indefinitely. . .
. If the opposition is not allowed to meaningfully compete, the
upcoming elections in Nicaragua cannot be considered free and
fair and the Inter-American Democratic Charter should be
applied to the Sandinista regime.''. The release continued,
stating, ``The principle of alternation of power is enshrined
in the Inter-American Democratic Charter (IADC) as an essential
element of democracy. Even though Ortega pushed through a
constitutional amendment allowing for indefinite re-election,
he did so by circumventing the separation of powers illegally.
An uncontested re-election of Ortega would clearly violate the
IADC, which was signed by Nicaragua in 2001. If that is the
case, Secretary General Almagro should activate the IADC and,
if necessary, call for the suspension of Nicaragua from the
[Organization of American States].''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and
electoral council in Nicaragua;
(2) independent pro-democracy organizations in Nicaragua;
and
(3) free, fair, and transparent elections under
international and domestic observers in Nicaragua in 2016 and
2017.
SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The President shall instruct the United States
Executive Director at each international financial institution to use
the voice, vote, and influence of the United States to oppose any loan
or other utilization of the funds of the institution for the benefit of
the Government of Nicaragua, other than to address basic human needs or
to promote democracy, unless the Secretary of State certifies and
reports to the appropriate congressional committees that the Government
of Nicaragua is taking effective steps to--
(1) hold free, fair, and transparent elections overseen by
credible domestic and international electoral observers;
(2) promote democracy, as well as an independent judiciary
system and electoral council;
(3) strengthen the rule of law; and
(4) respect the right to freedom of association and
expression.
(b) Termination.--This section shall terminate on the day after the
date on which the Secretary of State certifies and reports to the
appropriate congressional committees that the requirements of
subsection (a) are met.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives;
(B) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) International financial institution.--The term
``international financial institution'' means the International
Monetary Fund, the International Bank for Reconstruction and
Development, the European Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the African Development Bank, the African
Development Fund, the Asian Development Bank, the Inter-
American Development Bank, the Bank for Economic Cooperation
and Development in the Middle East and North Africa, and the
Inter-American Investment Corporation.
SEC. 5. ORGANIZATION OF AMERICAN STATES.
(a) Findings.--Congress finds that, according to the Organization
of American States (in this section referred to as the ``OAS'') report
on the 2011 presidential elections in Nicaragua entitled, ``Nicaragua:
Final Report, General Elections, OAS (2011)'', the OAS made the
following recommendations to the Government of Nicaragua:
(1) ``Prepare alternative procedures for updating the
electoral roll when a registered voter dies.''.
(2) ``Publish the electoral roll so that new additions,
changes of address and exclusions can be checked.''.
(3) ``Reform the mechanism for accreditation of poll
watchers using a formula that ensures that the political
parties will have greater autonomy to accredit their respective
poll watchers.''.
(4) ``Institute regulations to ensure that party poll
watchers are involved in all areas of the electoral structure,
including the departmental, regional and municipal electoral
councils and polling stations. Rules should be crafted to spell
out their authorities and functions and the means by which they
can exercise their authority and perform their functions.''.
(5) ``Redesign the [Supreme Electoral Council]
administrative structure at the central and field levels, while
standardizing technical and operational procedures, including
the design of control mechanisms from the time registration to
the delivery of the document to the citizens; the process of
issuing identity cards should be timed to the calendar and, to
avoid congestion within the process, be evenly spaced.''.
(b) Electoral Observation Mission.--The President shall direct the
United States Permanent Representative to the OAS to use the voice,
vote, and influence of the United States at the OAS to strongly
advocate for an Electoral Observation Mission to be sent to Nicaragua
in 2016 and 2017.
SEC. 6. STATEMENT OF POLICY.
The Department of State and the United States Agency for
International Development should prioritize foreign assistance to the
people of Nicaragua to assist civil society in democracy and governance
programs, including human rights documentation.
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Nicaraguan Investment Conditionality Act of 2016 This bill directs the President to instruct the U.S. Executive Director at each international financial institution to use U.S. influence to oppose any loan or other fund use for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: (1) hold elections overseen by credible domestic and international electoral observers, (2) promote democracy and an independent judiciary system and electoral council, (3) strengthen the rule of law, and (4) respect the right to freedom of association and expression. The President shall direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2016 and 2017.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Classroom Safety Act of 2001''.
SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) Placement in Alternative Educational Setting.--Section 615(k)
of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k))
is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following:
``(10) Discipline with regard to weapons.--
``(A) Authority of school personnel.--
Notwithstanding any other provision of this Act, school
personnel may discipline (including expel or suspend) a
child with a disability who--
``(i) carries or possesses a weapon to or
at a school, on school premises, or to or at a
school function, under the jurisdiction of a
State or a local educational agency, or
``(ii) possesses or uses illegal drugs, or
sells or solicits the sale of a controlled
substance while at a school, on school
premises, or to or at a school function, under
the jurisdiction of a State or a local
educational agency,
in the same manner in which such personnel may
discipline a child without a disability. Such personnel
may modify the disciplinary action on a case-by-case
basis.
``(B) Rule of construction.--Nothing in
subparagraph (A) shall be construed to prevent a child
with a disability who is disciplined pursuant to the
authority provided under subparagraph (A) from
asserting a defense that the carrying or possession of
the weapon, or the possession of an illegal drug or
sale or solicitation of the sale of a controlled
substance, was unintentional or innocent.
``(C) Free appropriate public education.--
``(i) Ceasing to provide education.--
Notwithstanding section 612(a)(1)(A), a child
expelled or suspended under subparagraph (A)
shall not be entitled to continue educational
services, including a free appropriate public
education, under this title, during the term of
such expulsion or suspension, if the State in
which the local educational agency responsible
for providing educational services to such
child does not require a child without a
disability to receive educational services
after being expelled or suspended.
``(ii) Providing education.--
Notwithstanding clause (i), the local
educational agency responsible for providing
educational services to a child with a
disability who is expelled or suspended under
subparagraph (A) may choose to continue to
provide educational services to such child. If
the local educational agency so chooses to
continue to provide the services--
``(I) nothing in this title shall
require the local educational agency to
provide such child with a free
appropriate public education, or any
particular level of service; and
``(II) the location where the local
educational agency provides the
services shall be left to the
discretion of the local educational
agency.
``(D) Relationship to other requirements.--
``(i) Plan requirements.--No agency shall
be considered to be in violation of section 612
or 613 because the agency has provided
discipline, services, or assistance in
accordance with this paragraph.
``(ii) Procedure.--Actions taken pursuant
to this paragraph shall not be subject to the
provisions of this section, other than this
paragraph.''.
(b) Conforming Amendments.--(1) Section 615(f)(1) of the
Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is
amended by striking ``Whenever'' and inserting the following: ``Except
as provided in section 615(k)(10), whenever''.
(2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities
Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter
preceding subclause (I) by inserting before ``to an appropriate interim
educational setting'' the following: ``except as provided in paragraph
(10),''.
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Classroom Safety Act of 2001 - Amends the Individuals with Disabilities Education Act (IDEA) to authorize school personnel to discipline (including expel or suspend), in the same manner in which such personnel may discipline a child without a disability, any child with a disability who commits specified school-related weapon or drug offenses. (Thus provides an exception to current IDEA procedural safeguards that require placement in an alternative educational setting.)Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently.Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child; but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service; and (2) has discretion as to the location where it provides the services.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Edward William Brooke III
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Edward William Brooke III was the first African American
elected by popular vote to the United States Senate and served with
distinction for 2 terms from January 3, 1967, to January 3, 1979.
(2) In 1960, Senator Brooke began his public career when
Governor John Volpe appointed him chairman of the Boston Finance
Commission, where the young lawyer established an outstanding
record of confronting and eliminating graft and corruption and
proposed groundbreaking legislation for consumer protection and
against housing discrimination and air pollution.
(3) At a time when few African Americans held State or Federal
office, Senator Brooke became an exceptional pioneer, beginning in
1962, when he made national and State history by being elected
Attorney General of Massachusetts, the first African American in
the Nation to serve as a State Attorney General, the second highest
office in the State, and the only Republican to win statewide in
the election that year, at a time when there were fewer than 1,000
African American officials in our nation.
(4) He won office as a Republican in a state that was strongly
Democratic.
(5) As Massachusetts Attorney General, Senator Brooke became
known for his fearless and honest execution of the laws of his
State and for his vigorous prosecution of organized crime.
(6) The pioneering accomplishments of Edward William Brooke III
in public service were achieved although he was raised in
Washington, DC at a time when the Nation's capital was a city where
schools, public accommodations, and other institutions were
segregated, and when the District of Columbia did not have its own
self-governing institutions or elected officials.
(7) Senator Brooke graduated from Paul Laurence Dunbar High
School and went on to graduate from Howard University in 1941.
(8) Senator Brooke's enduring advocacy for self-government and
congressional voting rights for the citizens of Washington, DC has
roots in his life and personal experience as a native
Washingtonian.
(9) Senator Brooke served for 5 years in the United States Army
in the segregated 366th Infantry Regiment during World War II in
the European theater of operations, attaining the rank of captain
and receiving a Bronze Star Medal for ``heroic or meritorious
achievement or service'' and the Distinguished Service Award.
(10) After the war, Senator Brooke attended Boston University
School of Law, where he served as editor of the school's Law
Review, graduating with an LL.B. in 1948 and an LL.M. in 1949, and
made Massachusetts his home.
(11) During his career in Congress, Senator Brooke was a leader
on some of the most critical issues of his time, including the war
in Vietnam, the struggle for civil rights, the shameful system of
apartheid in South Africa, the Cold War, and United States'
relations with the People's Republic of China.
(12) President Lyndon B. Johnson appointed Senator Brooke to
the President's Commission on Civil Disorders in 1967, where his
work on discrimination in housing would serve as the basis for the
1968 Civil Rights Act.
(13) Senator Brooke continued to champion open housing when he
left the Senate and became the head of the National Low-Income
Housing Coalition.
(14) Senator Brooke has been recognized with many high honors,
among them the Presidential Medal of Freedom in 2004, an honor that
recognizes ``an especially meritorious contribution to the security
or national interests of the United States, world peace, cultural
or other significant public or private endeavors''; the Grand Cross
of the Order of Merit from the Government of Italy; a State
courthouse dedicated in his honor by the Commonwealth of
Massachusetts, making him the first African American to have a
State courthouse named in his honor; the NAACP Spingarn Medal; and
the Charles Evans Hughes award from the National Conference of
Christians and Jews.
(15) Senator Brooke's biography, Bridging The Divide: My Life,
was published in 2006, and he is the author of The Challenge of
Change: Crisis in Our Two-Party System, published in 1966.
(16) Senator Brooke became a racial pioneer, but race was never
at the center of his political campaigns.
(17) He demonstrated to all that with commitment,
determination, and strength of character, even the barriers once
thought insurmountable can be overcome.
(18) He has devoted his life to the service of others, and made
enormous contributions to our society today.
(19) The life and accomplishments of Senator Brooke is
inspiring proof, as he says, that ``people can be elected on the
basis of their qualifications and not their race''.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Edward William
Brooke III in recognition of his unprecedented and enduring service to
our Nation.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Edward William Brooke III Congressional Gold Medal Act - Requires the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Edward William Brooke III, the first African American elected by popular vote to the U.S. Senate, in recognition of his unprecedented and enduring service to our Nation.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture Data Act of 2018''.
SEC. 2. DATA ON CONSERVATION PRACTICES.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended by adding at the end the following:
``SEC. 1247. DATA ON CONSERVATION PRACTICES.
``(a) Purpose.--The purpose of this section is to increase the
knowledge of how covered conservation practices or suites of covered
conservation practices impact farm and ranch profitability (such as
crop yields, soil health, and other risk-reducing factors) by using an
appropriate collection, review, and analysis of data.
``(b) Definitions.--In this section:
``(1) Covered conservation practice.--The term `covered
conservation practice' means a specific conservation practice
or enhancement that is designed to protect soil health, farm
and ranch productivity, or both (including the protection of
wildlife habitat) while maintaining or enhancing crop yields in
an economically sustainable manner (including such a
conservation practice or enhancement that is supported by the
Department or used independently by a producer), as determined
by the Secretary.
``(2) Department.--The term `Department' means the
Department of Agriculture.
``(c) Data Collection, Review, Analysis, and Technical
Assistance.--The Secretary, acting through the one or more applicable
Under Secretaries that head mission areas relating to farm and ranch
productivity and conservation, in coordination with the Chief Economist
and the Under Secretary for Research, Education, and Economics, shall
carry out the following activities:
``(1) Not less frequently than once each year, review, and
publish a summary of, existing research of the Department,
institutions of higher education, and other organizations
relating to the impacts of covered conservation practices on
enhancing crop yields, soil health, and otherwise reducing risk
and improving farm and ranch profitability.
``(2) Identify currently collected data relating to the
impacts of covered conservation practices on enhancing crop
yields, soil health, and otherwise reducing risk and improving
farm and ranch profitability generated or collected by the
Department, including the Farm Service Agency, the Risk
Management Agency, the Natural Resources Conservation Service,
the National Agricultural Statistics Service, the Economic
Research Service, the Forest Service, and any other relevant
agency, as determined by the Secretary.
``(3) Collect any additional producer data, baseline data,
or other data relating to the impacts of covered conservation
practices on enhancing crop yields, soil health, and otherwise
reducing risk and improving farm and ranch profitability
necessary to achieve the purpose described in subsection (a).
``(4) Ensure that producer data identified or collected
under paragraph (2) or (3), respectively, are collected in a
compatible format at the field- and farm-level and in a manner
that places the lowest practicable burden on producers and
improves the interoperability of the data collected by the
Department for the purposes of this section and optimizes the
interoperability to the extent practicable with conservation
practice-related data generated by other organizations and
other activities of the Department.
``(5) Establish procedures for producers to voluntarily
elect to be contacted to participate in or submit additional
research and to provide supplemental data that may be useful in
analyzing the impacts of covered conservation practices on
enhancing crop yields, soil health, and otherwise reducing risk
and improving farm and ranch profitability.
``(6) Integrate and analyze the data identified or
collected under this subsection to consider the impacts of
covered conservation practices on enhancing crop yields, soil
health, and otherwise improving farm and ranch profitability.
``(7) To the extent practicable, integrate, collate, and
link data identified in this subsection with other external
data sources that include crop yields, soil health, and
conservation practices.
``(8) Establish a conservation and farm productivity data
warehouse in order to make the results of the data collection
and analysis under this subsection available to academic
institutions and researchers determined appropriate by the
Secretary under subsection (d)(1).
``(9) Widely disseminate the research, analyzed data, and
other information obtained through carrying out this section
that demonstrates the impacts of covered conservation practices
on enhancing crop yields, soil health, and otherwise reducing
risk and improving farm and ranch profitability in a manner
that makes it easily used and implemented by producers and
other stakeholders.
``(d) Collaboration With Research Academic Institutions or
Researchers.--
``(1) In general.--To carry out this section, the Secretary
may enter into one or more agreements with one or more academic
institutions or researchers determined appropriate by the
Secretary--
``(A) to provide technical assistance, expertise,
and technology infrastructure, as needed, to develop
the data warehouse established under subsection (c)(8);
``(B) to provide to those academic institutions and
researchers access to data collected in carrying out
this section; and
``(C) to establish procedures for producers to
voluntarily elect to be contacted to participate in or
submit additional research and to provide supplemental
data that may be useful in analyzing the impacts of
covered conservation practices on enhancing crop
yields, soil health, and otherwise reducing risk and
improving farm and ranch profitability.
``(2) Procedures to protect integrity and
confidentiality.--
``(A) In general.--Before providing access to any
data under paragraph (1), the Secretary shall establish
procedures to protect the integrity and confidentiality
of proprietary producer data.
``(B) Requirements.--Procedures under subparagraph
(A) shall provide appropriate private protections to
the producer data, including--
``(i) prohibiting the sale of any
individual producer data; and
``(ii) requiring any published research to
release only aggregated data.
``(e) Producer Tools.--
``(1) In general.--Not later than 3 years after the date of
enactment of this section, the Secretary shall provide
technical assistance, including through internet-based tools,
based on the analysis conducted in carrying out this section
and other sources of relevant data, to assist producers in
improving sustainable production practices that increase yields
and enhance environmental outcomes.
``(2) Internet-based tools.--Internet-based tools described
in paragraph (1) shall provide to producers, to the maximum
extent practicable--
``(A) confidential data specific to each farm or
ranch of the producer; and
``(B) general data relating to the impacts of
covered conservation practices on enhancing crop
yields, soil health, and otherwise reducing risk and
improving farm and ranch profitability.
``(f) Effect on Privacy Protection Laws.--Nothing in this section
affects the applicability to this section of--
``(1) section 1770;
``(2) section 1619 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8791);
``(3) section 502(c) of the Federal Crop Insurance Act (7
U.S.C. 1502(c));
``(4) section 552a of title 5, United States Code; or
``(5) any other applicable privacy law that protects
personally identifiable information of producers.
``(g) Reporting.--Not later than 1 year after the date of enactment
of this section, and each year thereafter, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that includes--
``(1) a summary of the analysis conducted under this
section;
``(2) the number and regions of producers that voluntarily
submitted information under subsections (c)(5) and (d)(1)(C);
``(3) a description of any additional or new activities
planned to be conducted under this section in the next fiscal
year, including--
``(A) research relating to any additional
conservation practices;
``(B) any new types of data to be collected;
``(C) any improved or streamlined data collection
efforts associated with this section; and
``(D) any new research projects; and
``(4) in the case of the first two reports submitted under
this subsection, a description of the current status of the
implementation of activities under subsection (c).''.
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Agriculture Data Act of 2018 This bill amends the Food Security Act of 1985 to require the Department of Agriculture (USDA) to collect, review, analyze, and disseminate certain data on the impact of conservation practices on farm and ranch profitability, including the effect on crop yields, soil health, and other risk-reducing factors. The bill also requires USDA to establish a conservation and farm productivity data warehouse to make the results of the data collection and analysis available to academic institutions and researchers. USDA must also provide technical assistance, including through internet-based tools, based on the analysis conducted and other relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes.
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Make a summary of the following text: SECTION 1. PRIVACY AND DATA PROTECTION POLICIES OF FEDERAL AGENCIES.
(a) Short Title.--This Act may be cited as the ``Federal Privacy
and Data Protection Policy Act of 2002''.
(b) Definitions.--In this Act, the term ``agency'' has the meaning
given that term under section 551(1) of title 5, United States Code.
(c) Findings.--Congress finds that--
(1) in the wake of the attacks on the United States on
September 11, 2001, Federal agencies are collecting an
increasing amount of personal information from and on
individuals as part of the expanded war on terrorism;
(2) the worthwhile goals of those data collection
initiatives are to help ensure homeland security and protect
the people of the United States from future acts of terrorism;
(3) protecting homeland security and fighting terrorism
requires not only seeking to protect lives and property in the
United States, but also ensuring that individual rights and
essential liberties are safeguarded;
(4) in order to achieve these goals, it is essential that
agencies properly manage, maintain, and secure personal
information on people in the United States from inappropriate
use, disclosure, or dissemination to third parties;
(5) because of the leading role of the Federal Government
in the expanded war on terrorism, the Federal Government should
serve as a role model for State and local government, and the
private sector, by establishing effective safeguards and
procedures to protect personal data of people in the United
States;
(6) in order to ensure that people in the United States
understand and have confidence in the proper use and safety of
personal information, it is essential for agencies to implement
effective privacy policies and procedures and to state those
privacy policies, both online and offline; and
(7) an essential part of ensuring that the people in the
United States have full confidence in the privacy and security
of personal information is to--
(A) have agencies confirm adherence by those
agencies to the stated policies; and
(B) have independent, third party review, and
confirmation of adherence.
(d) Purpose.--The purpose of this Act is to provide a framework for
ensuring effective data and privacy management by Federal agencies to--
(1) ensure public confidence and trust in how agencies
collect, maintain, and use personal information;
(2) ensure continued adherence to data protection and
privacy policies and procedures;
(3) ensure that individual rights and essential liberties
are protected; and
(4) provide for effective oversight of the collection and
use of individual information.
(e) Privacy Manager.--
(1) In general.--Each agency shall designate an employee of
that agency as the agency privacy manager to--
(A) be responsible for effective data protection
and management within that agency; and
(B) ensure compliance with the privacy and data
security policies.
(2) Additional responsibilities.--Each privacy manager
shall be responsible for--
(A) training and education for employees to promote
awareness of and compliance with the privacy and data
security policies; and
(B) developing recommended practices and procedures
to ensure compliance with the privacy and data security
policies.
(f) Benchmark Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, each agency shall conduct a detailed
benchmark assessment of the privacy and data protection
policies and practices of that agency with regard to the
collection, use, sharing, disclosure, transfer, and security of
personally identifiable information relating to the agency
employees and the public. Such practices shall be accurately
and clearly stated in written policies governing the data
collection and use practices of the agency, both online and
offline.
(2) Content.--At a minimum, each benchmark assessment shall
determine and state--
(A) the personally identifiable information the
agency collects on--
(i) employees of the agency; and
(ii) members of the public;
(B) any purpose for which the personally
identifiable information is collected;
(C) any notice given to individuals regarding the
collection and use of personal information, relating to
that individual;
(D) any access given to individuals to review,
amend, correct, supplement, or delete personal
information relating to that individual;
(E) whether or not consent is obtained from an
individual before personally identifiable information
is collected, used, transferred, or disclosed and any
method used to obtain consent;
(F) the policies and practices of the agency for
the security of personally identifiable information;
(G) the policies and practices of the agency for
the proper use of personally identifiable information;
(H) the training and education procedures of the
agency to adequately train personnel on agency policies
and procedures for privacy and data protection;
(I) the policies and procedures of the agency for
monitoring and reporting violations of privacy and data
protection policies; and
(J) the policies and procedures of the agency for
assessing the impact of technologies on the stated
privacy and security policies.
(g) Recording.--A written report of each benchmark assessment shall
be prepared and recorded with the Inspector General of the agency to
serve as a benchmark for the data protection and privacy practices and
policies of the agency. Each benchmark assessment shall be signed by
the agency privacy manager, verifying that the agency is in good faith
compliance with the policies and practices stated in the benchmark
assessment.
(h) Independent, Third-Party Review.--
(1) In general.--At least every 3 years, each agency shall
have performed an independent, third-party review of the
privacy and data protection practices of the agency to--
(A) determine the effectiveness of the privacy and
data protection policies, practices, and procedures;
and
(B) ensure compliance with the stated privacy
policy of the agency.
(2) Purposes.--The purposes of reviews under this
subsection are to--
(A) measure privacy and data protection practices
against the original benchmark assessment of the
agency;
(B) ensure compliance and consistency with both
online and offline stated privacy policies; and
(C) provide agencies with ongoing awareness and
recommendations regarding privacy and data protection
practices.
(3) Requirements of review.--The Inspector General of each
agency shall contract with an independent, third party that is
a recognized leader in privacy consulting, privacy technology,
and data collection and use management to--
(A) evaluate the privacy and data protection
practices of the agency; and
(B) recommend strategies and specific steps to
improve privacy and data protection management.
(4) Content.--Each review under this subsection shall
include--
(A) a review of the original benchmark assessment
concerning the privacy and data protection practices of
the agency with regard to the collection, use, sharing,
disclosure, transfer, and security of personally
identifiable information relating to agency employees
and the public;
(B) a detailed review of the current offline
privacy and data protection practices of the agency
with regard to the collection, use, sharing,
disclosure, transfer, and security of personally
identifiable information of the employees of the agency
and the public to check for compliance with the
original benchmark assessment, especially concerning
whether those practices are accurately reflected in the
written policies of the agency; and
(C) a detailed electronic scan of any website of
the agency with a technology product that alerts an
agency to the privacy vulnerabilities on that web page,
including--
(i) possible noncompliance with the
benchmark assessment;
(ii) whether the privacy and data
protection practices of the agency comply to
the written privacy policy of the agency; and
(iii) whether there are any risks for
inadvertent release of personally identifiable
information from the website of the agency.
(5) Restrictions to avoid conflict of interest.--An
independent contractor that has substantial business with an
agency may not perform a review under this subsection for that
agency.
(6) Report.--Upon completion of a review, the Inspector
General of an agency shall submit to the head of that agency a
detailed report on the review, including recommendations for
improvements or enhancements to privacy and data protection
practices of the agency.
(i) Internet Availability.--Each agency shall make each agency
benchmark assessment, each independent third party review, and each
report of the Inspector General relating to that review available to
the public on the website of the agency.
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Federal Privacy and Data Protection Policy Act of 2002 - Requires each Federal agency to designate an employee as privacy manager to: (1) be responsible for data protection and management within that agency; (2) ensure compliance with the privacy and data security policies; and (3) be responsible for training and educating employees about such policies and developing practices and procedures to ensure compliance.Requires each agency to conduct and record with its Inspector General a benchmark assessment of privacy and data protection policies and practices for the collection, use, sharing, disclosure, transfer, and security of personally identifiable information relating to employees and the public.Requires each agency to perform an independent, third-party review of privacy and data protection practices every three years to: (1) determine the effectiveness of policies, practices, and procedures; and (2) ensure compliance with its stated privacy policy.Requires each Inspector General to: (1) contract with an independent, third party to evaluate privacy and data protection policies and recommend strategies and steps to improve privacy and data protection management; and (2) report to the head of the agency on such review.Requires agencies to make such assessments, reviews, and Inspector General reports available to the public on their websites.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting
the beaches in World War II in the Pacific and Europe, to the
cold and difficult terrain in Korea, the steamy jungles of
Vietnam, and the desert sands of the Middle East.
(2) All Americans should commemorate those who come home
having survived the ordeal of war, and solemnly honor those who
made the ultimate sacrifice in giving their lives for their
country.
(3) All Americans should honor the millions of living
disabled veterans who carry the scars of war every day, and who
have made enormous personal sacrifices defending the principles
of our democracy.
(4) In 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial.
(5) The United States should pay tribute to the Nation's
living disabled veterans by minting and issuing a commemorative
silver dollar coin.
(6) The surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of disabled American
veterans, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Disabled
Veterans' LIFE Memorial Foundation for the American Veterans
Disabled for Life Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of American Veterans' Disabled for Life
Memorial in Washington, D.C.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
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American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins in commemoration of disabled American veterans and emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial.
Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York.
Limits the period for coin issuance to calendar year 2010.
Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C.
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Make a summary of the following text: SECTION 1. EXTENSION OF AUTHORITY.
Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is
amended by striking ``1997'' and inserting ``2001''.
SEC. 2. TIED AID CREDIT FUND AUTHORITY.
(a) Section 10(c)(2) of the Export-Import Bank Act of 1945 (12
U.S.C. 635i-3(c)(2)) is amended by striking ``through September 30,
1997''.
(b) Section 10(e) of such Act (12 U.S.C. 635i-3(e)) is amended by
striking the first sentence and inserting the following: ``There are
authorized to be appropriated to the Fund such sums as may be necessary
to carry out the purposes of this section.''.
SEC. 3. EXTENSION OF AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT OF
NONLETHAL DEFENSE ARTICLES OR SERVICES THE PRIMARY END
USE OF WHICH WILL BE FOR CIVILIAN PURPOSES.
Section 1(c) of Public Law 103-428 (12 U.S.C. 635 note; 108 Stat.
4376) is amended by striking ``1997'' and inserting ``2001''.
SEC. 4. CLARIFICATION OF PROCEDURES FOR DENYING CREDIT BASED ON THE
NATIONAL INTEREST.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended--
(1) in the last sentence, by inserting ``, after
consultation with the Committee on Banking and Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate,'' after
``President''; and
(2) by adding at the end the following: ``Each such
determination shall be delivered in writing to the President of
the Bank, shall state that the determination is made pursuant
to this section, and shall specify the applications or
categories of applications for credit which should be denied by
the Bank in furtherance of the national interest.''.
SEC. 5. ADMINISTRATIVE COUNSEL.
Section 3(e) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(e)) is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following:
``(2) The General Counsel of the Bank shall ensure that the
directors, officers, and employees of the Bank have available
appropriate legal counsel for advice on, and oversight of, issues
relating to ethics, conflicts of interest, personnel matters, and other
administrative law matters by designating an attorney to serve as
Assistant General Counsel for Administration, whose duties, under the
supervision of the General Counsel, shall be concerned solely or
primarily with such issues.''.
SEC. 6. ADVISORY COMMITTEE FOR SUB-SAHARAN AFRICA.
(a) In General.--Section 2(b) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)) is amended by inserting after paragraph (8) the
following:
``(9)(A) The Board of Directors of the Bank shall take prompt
measures, consistent with the credit standards otherwise required by
law, to promote the expansion of the Bank's financial commitments in
sub-Saharan Africa under the loan, guarantee, and insurance programs of
the Bank.
``(B)(i) The Board of Directors shall establish and use an advisory
committee to advise the Board of Directors on the development and
implementation of policies and programs designed to support the
expansion described in subparagraph (A).
``(ii) The advisory committee shall make recommendations to the
Board of Directors on how the Bank can facilitate greater support by
United States commercial banks for trade with sub-Saharan Africa.
``(iii) The advisory committee shall terminate 4 years after the
date of the enactment of this subparagraph.''.
(b) Reports to the Congress.--Within 6 months after the date of the
enactment of this Act, and annually for each of the 4 years thereafter,
the Board of Directors of the Export-Import Bank of the United States
submit to the Congress a report on the steps that the Board has taken
to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945
and any recommendations of the advisory committee established pursuant
to such section.
SEC. 7. INCREASE IN LABOR REPRESENTATION ON THE ADVISORY COMMITTEE OF
THE EXPORT-IMPORT BANK.
Section 3(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(d)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding after and below the end the following:
``(B) Not less than 2 members appointed to the Advisory Committee
shall be representative of the labor community.''.
SEC. 8. OUTREACH TO COMPANIES.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(I) The Chairman of the Bank shall design and implement a program
to provide information about Bank programs to companies which have not
participated in Bank programs. Not later than 1 year after the date of
the enactment of this subparagraph, the Chairman of the Bank shall
submit to the Congress a report on the activities undertaken pursuant
to this subparagraph.''.
SEC. 9. FIRMS THAT HAVE SHOWN A COMMITMENT TO REINVESTMENT AND JOB
CREATION IN THE UNITED STATES TO BE GIVEN PREFERENCE IN
FINANCIAL ASSISTANCE DETERMINATIONS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)), as amended by section 8 of this Act, is amended by adding
at the end the following:
``(J) The Board of Directors of the Bank shall prescribe such
regulations and the Bank shall implement such procedures as may be
appropriate to ensure that, in selecting from among firms to which to
provide financial assistance, preference be given to any firm that has
shown a commitment to reinvestment and job creation in the United
States.''.
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Amends the Export-Import Bank Act of 1945 to extend the authority of the Export-Import Bank of the United States through FY 2001. Reauthorizes the Bank's tied aid credit program. (Sec. 3) Extends, through FY 2001, the Bank's authority to extend credit for the sale to a foreign country of nonlethal defense articles or services the primary end use of which will be for civilian purposes. (Sec. 4) Revises Bank procedures governing the denial of the extension of credit to foreign countries based on the national interest to: (1) require the President to consult with specified congressional committees before determining that such a denial is in the U.S. national interest; and (2) require written notification to the President of the Bank of such determination, including the applications or categories of applications for credit which should be denied. (Sec. 5) Directs the General Counsel of the Bank to designate an attorney to serve as Assistant General Counsel for Administration, whose duties shall include oversight of and advice to Bank directors, officers, and employees on ethics, conflicts of interest, personnel, and other administrative matters. (Sec. 6) Requires the Board of Directors of the Bank to: (1) take prompt measures to promote the expansion of its loan, guarantee, and insurance programs in sub-Saharan Africa; (2) establish an advisory committee to advise it on the implementation of policies and programs to support such expansion; and (3) report annually to the Congress on steps it has taken to implement such policies and programs and any advisory committee recommendations. (Sec. 7) Revises the composition of the Advisory Committee of the Bank to include the appointment of not less than two members from the labor community. (Sec. 8) Directs the Chairman of the Bank to: (1) implement a program to provide information about its programs to companies which have not previously participated in them; and (2) report to the Congress on such activities within one year of enactment of this Act. (Sec. 9) Directs the Board of Directors of the Bank to implement procedures to ensure that, in selecting firms to which to provide financial assistance, preference is given to those that have shown a commitment to reinvestment and job creation in the United States. (Sec. 10) Directs the Board of Directors of the Bank to give preference to entities that adhere to certain environmental and fair employment principles under a corporate code of conduct when determining whether to guarantee, insure, or extend credit to an entity (except a small business) with respect to the export of any good or service to China. Directs the Bank to work with the Clearinghouse on Corporate Responsibility that is being developed by the Department of Commerce to ensure that recipients of such assistance are made aware of, and have access to, resources and organizations that can assist them in developing and monitoring global codes of corporate conduct. (Sec. 11) Changes the name of the Export-Import Bank of the United States to the United States Export Bank. (Sec. 12) Requires the President to notify the Bank of any transfer by Russia of an SS-N-22 or SS-N-26 missile system to China. Directs the Bank, upon notification, to deny any guarantee, insurance, or extension of credit in connection with the export of any good or service to Russia. (Sec. 13) Prohibits the Bank from guaranteeing, insuring, or extending credit with respect to the export of any good or service to an entity that: (1) employs children in violation of U.S. law regarding child labor; or (2) has not made a binding commitment to not employ children in such manner.
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Change the following text into a summary: SECTION. 1. EXTENSIONS OF DEADLINES FOR HYDRO-POWER PROJECTS.
(a) In General.--Notwithstanding the time limitations of section 13
of the Federal Power Act (16 U.S.C. 806), the Federal Energy Regulatory
Commission, upon the request of the licensees for FERC Projects No.
3701, 3943, 3944, 4204, 4474, 4660, 4659, 4797, 6901, 6902, 9423, and
10228 (and after reasonable notice), is authorized, in accordance with
the good faith, due diligence, and public interest requirements of such
section 13 and the Commission's procedures under such section, to
extend the time required for commencement of construction for each such
project for a maximum of 2 years. This section shall take effect for
each such project upon the expiration of the extension (issued by the
Commission under such section 13 or by Act of Congress) of the period
required for commencement of construction of such project.
(b) Termination.--The authorization for issuing extensions under
this section shall terminate 3 years after the date of enactment of
this section. To facilitate requests for extensions, the Commission may
consolidate the requests. The Commission shall, in the case of any
project referenced in subsection (a) that has had more than 2
extensions under the Federal Power Act or any other provision of law,
shall examine and, at the time of granting extensions under this Act,
report to the Congress the reasons for delay in construction by each
licensee and the Commission's views on the ability of the licensee to
comply with the construction requirements of the Federal Power Act
before the end of such extension.
SEC. 2. REINSTATEMENT
(a) In General.--The Federal Energy Regulatory Commission
authorized and directed to reinstate effective May 23, 1993, in
accordance with the good faith, due diligence, and public interest
requirements of section 13 of the Federal Power Act (16 U.S.C. 806) and
the Commission's procedures under such section, the hydroelectric
license previously issued for Project No. 7829. Commencement of
construction within the meaning of section 13 of the Federal Power Act
shall commence within 4 years of such date.
(b) Termination.--The authorization under this section shall
terminate 3 years after the date of enactment of this section.
SEC. 3. EXEMPTION OF PORTION OF EL VADO HYDROELECTRIC PROJECT FROM
LICENSING REQUIREMENT OF PART I OF THE FEDERAL POWER ACT.
(a) Exemption.--The Federal Energy Regulatory Commission shall
provide that the 69 KV transmission line, including the right-of-way,
which originates in the switchyard of the El Vado Hydroelectric
Project, New Mexico (FERC project numbered 5226) and extends north to
the Spills Switching Station operated by the Northern Rio Arriba
Electric Cooperative, Inc. (``NORA''), located in Rio Arriba County,
New Mexico may be exempt for the term of the applicable license from so
much of part I of the Federal Power Act as the Commission deems
necessary to permit NORA to effectively and prudently utilize its
system in conjunction with, and in furtherance of, the license unless
the Commission finds after reasonable notice that such exemption is not
in the public interest. The Commission shall initiate this action upon
application of the licensee made within 120 days after the enactment of
this Act, and the Commission shall provide such exemption without
delay.
SEC. 4. CERTAIN PROJECTS UNDER THE FEDERAL POWER ACT IN ALASKA.
(a) Amendment to Section 2407(a).--Section 2407(a) of the Energy
Policy Act of 1992 is amended by striking ``may'' and inserting
``shall, in the case of the projects referenced in paragraphs (1) and
(3) of this subsection and may, in the case of the project in paragraph
(2) of this subsection.''.
(b) Amendment to Section 2407(f).--Section 2407(f) of such Act is
amended by adding the following new sentence at the end thereof: ``The
Commission shall, on its own motion, provide such exemption at any time
after the enactment of this sentence, taking into consideration any
application filed with the Commission prior to such enactment. The
Commission shall report to the Congress the actions taken under this
section and if the Commission fails to grant any such exemption in
paragraphs (1) and (3) of subsection (a), shall explain the reasons for
such failure.''.
SEC. 5. HAWAII LEGISLATIVE REPORT.
The Federal Energy Regulatory Commission, taking into consideration
the Commission's Study, April 13, 1994, of Hydroelectric Licensing in
the State o Hawaii, shall initiate a proceeding for the purpose of
making recommendations to the Congress in the first session of the
104th Congress for legislation to provide for the transfer to the State
of Hawaii of all or part of the Commission's authority under the
Federal Power Act for the licensing of new hydroelectric projects in
the State of Hawaii without affecting the applicability of other
Federal environmental laws and regulations to such projects, without
transferring such authority to the State in the case of any such
projects that could conflict with the management and operation of any
National Wildlife Refuge or National Park in Hawaii, and without, to
the greatest extent possible, establishing a precedent with respect to
other States, Guam, the Virgin Islands, and the Commonwealth of Puerto
Rico. The Commission shall obtain the views of the State of Hawaii and
other Federal environmental agencies on any proposed legislative
recommendation and shall include such views in the report of the
Commission transferring the Commission's recommendations to the
Congress. The Commission shall include its views and recommendations
and those of any individual member of the Commission.
SEC. 6. SIZE LIMITATIONS OF ELIGIBLE FACILITIES UNDER PURPA.
Section 3(17)(E) of the Federal Power Act (16 U.S.C. 791a and
following) is amended by striking ``1994'' and inserting ``1996''.
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Authorizes the Federal Energy Regulatory Commission (FERC), upon the request of certain licensees, to extend the time required for commencement of construction of specified hydropower projects for a maximum of two years. Terminates such authorization three years after enactment of this Act.
Authorizes FERC to reinstate, effective May 23, 1993, a certain previously issued hydroelectric license. Terminates such authority three years after enactment of this Act.
Directs FERC to exempt a specified portion of the El Vado Hydroelectric Project in New Mexico from certain Federal Power Act licensing requirements.
Amends the Energy Policy Act of 1992 to: (1) change from discretionary to mandatory the authority of FERC to exempt certain hydropower projects in Alaska from certain Federal Power Act licensing requirements; and (2) report to the Congress its reasons for any failure to grant such exemptions.
Directs FERC to initiate a proceeding for the purpose of making recommendations to the Congress for legislation to transfer to the State of Hawaii all or part of its licensing authority for new hydroelectric projects in Hawaii.
Amends the Federal Power Act to extend from 1994 to 1996 the deadline for certain small solar, wind, waste, or geothermal power production facilities to submit the requisite applications for certification as qualifying facilities.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flat Tax Act''.
SEC. 2. THE FLAT TAX.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after part VII the following new
part:
``PART VIII--THE FLAT TAX
``Sec. 60. Irrevocable election to be subject to flat tax.
``Sec. 60A. Tax imposed on individuals.
``Sec. 60B. Tax imposed on business activities.
``Sec. 60C. Tax on noncash compensation provided to employees not
engaged in business activity.
``SEC. 60. IRREVOCABLE ELECTION TO BE SUBJECT TO FLAT TAX.
``(a) Individual.--
``(1) In general.--Except as provided in paragraph (2), in
lieu of the tax imposed by sections 1 (relating to tax imposed)
and 55 (relating to alternative minimum tax imposed), under
regulations prescribed by the Secretary, an individual may make
an irrevocable election to be subject to the tax imposed by
this part.
``(2) Innocent spouse exception.--An individual who has
made an election under paragraph (1) and who subsequently
obtains relief of liability for tax under section 6015(b) may,
not later than 1 year after the date such relief is granted,
revoke the election made under paragraph (1).
``(b) Person Engaged in Business Activity.--In lieu of the tax
imposed by sections 11 (relating to tax imposed) and 55 (relating to
alternative minimum tax imposed), under regulations prescribed by the
Secretary, a person engaged in business activity may make an
irrevocable election to be subject to the tax imposed by this part.
``(c) Disallowance of Credits.--No credit shall be allowed under
this chapter for any taxable year to any person with respect to whom an
election under subsection (a) or (b) is in effect.
``SEC. 60A. TAX IMPOSED ON INDIVIDUALS.
``(a) In General.--There is hereby imposed on the taxable income of
every individual who makes an election to be subject to this part a tax
equal to--
``(1) 19 percent of the taxable income of such individual
for such taxable year in the case of the first 2 taxable years
of the individual beginning with the taxable year for which the
election is made, and
``(2) 17 percent of the taxable income of such individual
for such taxable year in the case of all taxable years
subsequent to the taxable years described in paragraph (1).
``(b) Taxable Income.--For purposes of this part, the term `taxable
income' means the excess of--
``(1) the sum of--
``(A) wages (as defined in section 3121(a) without
regard to paragraph (1) thereof) which are paid in cash
and which are received during the taxable year for
services performed in the United States,
``(B) retirement distributions which are includible
in gross income for such taxable year, plus
``(C) amounts received under any law of the United
States or of any State which is in the nature of
unemployment compensation, over
``(2) the standard deduction.
``(c) Standard Deduction.--For purposes of this part--
``(1) In general.--The term `standard deduction' means the
sum of--
``(A) the basic standard deduction, plus
``(B) the additional standard deduction.
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) $32,496 in the case of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)),
``(B) $20,739 in the case of a head of household
(as defined in section 2(b)), and
``(C) $16,248 in the case of an individual--
``(i) who is not married and who is not a
surviving spouse or head of household, or
``(ii) who is a married individual filing a
separate return.
``(3) Additional standard deduction.--For purposes of
paragraph (1), the additional standard deduction is $6,998 for
each dependent (as defined in section 152) who is a qualifying
child (as defined in section 152(c)(1)) for the taxable year
and who is not required to file a return for such taxable year.
``(d) Retirement Distributions.--For purposes of this section, the
term `retirement distribution' means any distribution from--
``(1) a plan described in section 401(a) which includes a
trust exempt from tax under section 501(a),
``(2) an annuity plan described in section 403(a),
``(3) an annuity contract described in section 403(b),
``(4) an individual retirement account described in section
408(a),
``(5) an individual retirement annuity described in section
408(b),
``(6) an eligible deferred compensation plan (as defined in
section 457),
``(7) a governmental plan (as defined in section 414(d)),
or
``(8) a trust described in section 501(c)(18).
Such term includes any plan, contract, account, annuity, or trust
which, at any time, has been determined by the Secretary to be such a
plan, contract, account, annuity, or trust.
``(e) Income of Certain Children.--For purposes of this part--
``(1) an individual's taxable income shall include the
taxable income of each dependent child of such individual who
has not attained age 14 as of the close of such taxable year,
and
``(2) such dependent child shall have no liability for tax
imposed by this section with respect to such income and shall
not be required to file a return for such taxable year.
``(f) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2013, each dollar amount
contained in subsection (c) shall be increased by an amount
determined by the Secretary to be equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment for such
calendar year.
``(2) Cost-of-living adjustment.--For purposes of paragraph
(1), the cost-of-living adjustment for any calendar year is the
percentage (if any) by which--
``(A) the CPI for the preceding calendar year,
exceeds
``(B) the CPI for the calendar year 2012.
``(3) CPI for any calendar year.--For purposes of paragraph
(2), the CPI for any calendar year is the average of the
Consumer Price Index as of the close of the 12-month period
ending on August 31 of such calendar year.
``(4) Consumer price index.--For purposes of paragraph (3),
the term `Consumer Price Index' means the last Consumer Price
Index for all-urban consumers published by the Department of
Labor. For purposes of the preceding sentence, the revision of
the Consumer Price Index which is most consistent with the
Consumer Price Index for calendar year 1986 shall be used.
``(5) Rounding.--If any increase determined under paragraph
(1) is not a multiple of $10, such increase shall be rounded to
the next highest multiple of $10.
``(g) Marital Status.--For purposes of this section, marital status
shall be determined under section 7703.
``SEC. 60B. TAX IMPOSED ON BUSINESS ACTIVITIES.
``(a) Tax Imposed.--There is hereby imposed on every person engaged
in a business activity who makes an election to be taxed under this
part a tax equal to--
``(1) 19 percent of the business taxable income of such
person for such taxable year in the case of the first 2 taxable
years of the person beginning with the taxable year for which
the election is made, and
``(2) 17 percent of the business taxable income of such
person for such taxable year in the case of all taxable years
subsequent to the taxable years described in paragraph (1).
``(b) Liability for Tax.--The tax imposed by this section shall be
paid by the person engaged in the business activity, whether such
person is an individual, partnership, corporation, or otherwise.
``(c) Business Taxable Income.--For purposes of this section--
``(1) In general.--The term `business taxable income' means
gross active income reduced by the deductions specified in
subsection (d).
``(2) Gross active income.--
``(A) In general.--For purposes of paragraph (1),
the term `gross active income' means gross receipts
from--
``(i) the sale or exchange of property or
services in the United States by any person in
connection with a business activity, and
``(ii) the export of property or services
from the United States in connection with a
business activity.
``(B) Exchanges.--For purposes of this section, the
amount treated as gross receipts from the exchange of
property or services is the fair market value of the
property or services received, plus any money received.
``(C) Coordination with special rules for financial
services, etc.--Except as provided in subsection (e)--
``(i) the term `property' does not include
money or any financial instrument, and
``(ii) the term `services' does not include
financial services.
``(3) Exemption from tax for activities of governmental
entities and tax-exempt organizations.--For purposes of this
section, the term `business activity' does not include any
activity of a governmental entity or of any other organization
which is exempt from tax under this chapter.
``(d) Deductions.--
``(1) In general.--The deductions specified in this
subsection are--
``(A) the cost of business inputs for the business
activity,
``(B) wages (as defined in section 3121(a) without
regard to paragraph (1) thereof) which are paid in cash
for services performed in the United States as an
employee, and
``(C) retirement contributions to or under any plan
or arrangement which makes retirement distributions (as
defined in section 60A(d)) for the benefit of such
employees to the extent such contributions are allowed
as a deduction under section 404.
``(2) Business inputs.--
``(A) In general.--For purposes of paragraph (1),
the term `cost of business inputs' means--
``(i) the amount paid for property sold or
used in connection with a business activity,
``(ii) the amount paid for services (other
than for the services of employees, including
fringe benefits paid by reason of such
services) in connection with a business
activity, and
``(iii) any excise tax, sales tax, customs
duty, or other separately stated levy imposed
by a Federal, State, or local government on the
purchase of property or services which are for
use in connection with a business activity.
Such term shall not include any tax imposed by chapter
2 or 21.
``(B) Exceptions.--Such term shall not include--
``(i) items described in subparagraphs (B)
and (C) of paragraph (1), and
``(ii) items for personal use not in
connection with any business activity.
``(C) Exchanges.--For purposes of this section, the
amount treated as paid in connection with the exchange
of property or services is the fair market value of the
property or services exchanged, plus any money paid.
``(e) Special Rules for Financial Intermediation Service
Activities.--In the case of the business activity of providing
financial intermediation services, the taxable income from such
activity shall be equal to the value of the intermediation services
provided in such activity.
``(f) Exception for Services Performed as Employee.--For purposes
of this section, the term `business activity' does not include the
performance of services by an employee for the employee's employer.
``(g) Carryover of Credit-Equivalent of Excess Deductions.--
``(1) In general.--If the aggregate deductions for any
taxable year exceed the gross active income for such taxable
year, the credit-equivalent of such excess shall be allowed as
a credit against the tax imposed by this section for the
following taxable year.
``(2) Credit-equivalent of excess deductions.--For purposes
of paragraph (1), the credit-equivalent of the excess described
in paragraph (1) for any taxable year is an amount equal to--
``(A) the sum of--
``(i) such excess, plus
``(ii) the product of such excess and the
3-month Treasury rate for the last month of
such taxable year, multiplied by
``(B) the rate of the tax imposed by subsection (a)
for such taxable year.
``(3) Carryover of unused credit.--If the credit allowable
for any taxable year by reason of this subsection exceeds the
tax imposed by this section for such year, then (in lieu of
treating such excess as an overpayment) the sum of--
``(A) such excess, plus
``(B) the product of such excess and the 3-month
Treasury rate for the last month of such taxable year,
shall be allowed as a credit against the tax imposed by this
section for the following taxable year.
``(4) 3-month treasury rate.--For purposes of this
subsection, the 3-month Treasury rate is the rate determined by
the Secretary based on the average market yield (during any 1-
month period selected by the Secretary and ending in the
calendar month in which the determination is made) on
outstanding marketable obligations of the United States with
remaining periods to maturity of 3 months or less.
``SEC. 60C. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT
ENGAGED IN BUSINESS ACTIVITY.
``(a) Imposition of Tax.--There is hereby imposed on every employer
of an employee to whom this section applies and who makes an election
to be taxed under this part a tax equal to--
``(1) 19 percent of the value of excludable compensation
provided during the calendar year by the employer for the
benefit of employees to whom this section applies in the case
of the first 2 calendar years beginning with the calendar year
for which the election under section 60 is made, and
``(2) 17 percent of such excludable compensation during the
calendar year in the case of all calendar years subsequent to
the calendar years described in paragraph (1).
``(b) Liability for Tax.--The tax imposed by this section shall be
paid by the employer.
``(c) Excludable Compensation.--For purposes of subsection (a), the
term `excludable compensation' means any remuneration for services
performed as an employee other than--
``(1) wages (as defined in section 3121(a) without regard
to paragraph (1) thereof) which are paid in cash,
``(2) remuneration for services performed outside the
United States, and
``(3) retirement contributions to or under any plan or
arrangement which makes retirement distributions (as defined in
section 60A(d)).
``(d) Employees to Whom Section Applies.--This section shall apply
to an employee who is employed in any activity by--
``(1) any organization which is exempt from taxation under
this chapter, or
``(2) any agency or instrumentality of the United States,
any State or political subdivision of a State, or the District
of Columbia.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. The Flat Tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 3. REPEAL OF ESTATE AND GIFT TAXES.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986 is
hereby repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to the estates of decedents dying, and gifts and generation-skipping
transfers made, after December 31, 2013.
(c) Cross Reference.--See section 102 of the Internal Revenue Code
of 1986 for exclusion of gifts and inheritances from gross income.
SEC. 4. SUPERMAJORITY REQUIRED TO CONSIDER REVENUE MEASURE.
A bill, joint resolution, amendment to a bill or joint resolution,
or conference report that--
(1) includes an increase in the rates of tax specified in
section 60A(a) or 60B(a) of the Internal Revenue Code of 1986
(as amended by this Act), or
(2) reduces the standard deduction, as defined in section
60A(c) of such Code (as so amended), or the deductions
specified in section 60B(d) of such Code (as so amended),
may not be considered as passed or agreed to by the House of
Representatives or the Senate unless so determined by a vote of not
less than two-thirds of the Members of the House of Representatives or
the Senate (as the case may be) voting, a quorum being present.
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Flat Tax Act - Amends the Internal Revenue Code to authorize an individual or a person engaged in business activity to make an irrevocable election to be subject to a flat tax (in lieu of the existing income tax provisions) of 19% for the first two years after an election is made, and 17% thereafter. Calculates taxable income for individual taxpayers by subtracting a basic standard deduction and an additional standard deduction for each dependent from the total of wages, retirement distributions, and unemployment compensation. Defines "business taxable income" to mean gross active income reduced by the cost of certain business inputs. Imposes an employer tax on the value of excludable compensation provided to employees not engaged in business activity of 19% for the first two years after an election is made under this Act and 17% thereafter. Repeals the estate, gift, and generation-skipping transfer taxes. Requires a two-thirds vote of the House of Representatives or the Senate to increase the flat tax rate proposed by this Act or to reduce the amount of the standard deduction or business-related deductions allowed by this Act.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighters Affordable Housing
Act''.
SEC. 2. MORTGAGE ASSISTANCE FOR VOLUNTEER FIREFIGHTERS.
(a) In General.--The Secretary of Housing and Urban Development may
make mortgage assistance payments under this section on behalf of
volunteer firefighters to reduce the interest rates on eligible
mortgage loans under subsection (b) for such firefighters.
(b) Eligible Mortgages.--Assistance may be provided under this
section only for a mortgage loan that meets the following requirements:
(1) Firefighter mortgagor.--The mortgagor under the loan is
a volunteer firefighter.
(2) Principal residence.--The residence subject to the
mortgage is a single family residence that is the principal
residence of the mortgagor.
(3) Maximum mortgage amount.--The principal obligation of
the mortgage loan does not exceed the principal amount eligible
for insurance with respect to the property under the National
Housing Act.
(4) Responsible mortgagee.--The mortgage has been made to,
and is held by, a mortgagee that is federally insured or that
is otherwise approved by the Secretary as responsible and able
to service the mortgage properly.
(c) Interest Rate Buydowns.--Mortgage assistance under this section
shall be provided only in the form of a payment or payments to the
mortgagee in amounts sufficient to decrease by 2 percent the annual
rate of interest payable on the mortgage by the eligible volunteer
firefighter who is the mortgagor. Such payments may be made on an up-
front basis or an ongoing monthly basis, as the Secretary considers
appropriate.
(d) Terms of Assistance.--
(1) Termination.--The Secretary shall establish limitations
on mortgage assistance payments under this section to ensure
that a mortgagor may not receive the benefit of a reduced
mortgage interest from such payments for any portion of the
term of a mortgage remaining after the occurrence of either of
the following:
(A) Failure to use as principal residence.--The
mortgagor ceases to comply with the requirement under
subsection (b)(2).
(B) Termination of duties as firefighter.--During
the 10-year period beginning upon the execution of the
mortgage, the mortgagor ceases to comply with the
requirement under subsection (b)(1).
The Secretary may carry out his paragraph by terminating any
ongoing assistance payments under this section or by
recapturing from the mortgagor the amount of any assistance
payment made on an up-front basis that the Secretary determines
is attributable to reducing the interest rate for the portion
of the mortgage term remaining after an occurrence described in
subparagraph (A) or (B).
(2) One-time assistance.--The Secretary may make assistance
payments under this subsection with respect only to a single
mortgage loan of an eligible volunteer firefighter.
(e) Applications.--The Secretary shall provide for volunteer
firefighters to submit applications for mortgage assistance under this
section and for review of such applications to determine eligibility
for such assistance. Assistance shall be made available on a first-
come, first-served basis for applications eligible for such assistance.
(f) Report.--The Secretary shall submit to the Congress, not later
than 2 years after the date of the enactment of this Act, a report
containing a description of the activities of the Secretary under the
mortgage assistance program under this section and an analysis of the
effectiveness of such program in assisting home buyers that are
eligible volunteer firefighters.
(g) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Public agency.--The term ``public agency'' means the
United States, any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the Virgin Islands,
American Samoa, and any other territory or possession of the
United States, or any unit of general local government,
department, agency, or instrumentality of any entity referred
to in this paragraph.
(2) Public fire service.--The term ``public fire service''
means a public agency consisting of personnel, apparatus, and
equipment which has as its primary purpose the provision of
services to protect property and maintaining the safety and
welfare of the public from the dangers of fire, regardless of
whether the personnel of any such organization include paid
employees. Such term includes a public agency that also
provides ambulance services or rescue services.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) Single family residence.--The term ``single family
residence'' means a 1- to 4-family residence. Such term
includes a unit in a cooperative.
(5) Volunteer firefighter.--
(A) In general.--The term ``volunteer firefighter''
means an individual who--
(i)(I) carries out duties for a public fire
service that consist primarily of work directly
connected with--
(aa) the control and extinguishment
of fires or the maintenance and use of
firefighting apparatus and equipment;
or
(bb) if the public fire service for
which the individual carries out duties
provides ambulance or rescue services,
the provision of ambulance or rescue
services or the maintenance of
ambulance or rescue apparatus or
equipment; and
(II) does not receive any remuneration in
the form of pay, salary, or wages for
conducting the duties referred to in subclause
(I); or
(ii) otherwise serves on a volunteer basis
as a firefighter, as determined by the
Secretary.
(B) Allowable benefits.--An individual described in
subparagraph (A) shall not be excluded from treatment
under this section as a volunteer firefighter because
such individual is provided, in connection with the
duties referred to in subparagraph (A)--
(i) reimbursement or allowance for expenses
actually incurred;
(ii) insurance coverage for injuries
proximately caused by such duties;
(iii) food and lodging while on service for
such duties; or
(iv) any other benefits that the Secretary
determines are appropriate for purposes of this
section.
(h) Regulations.--The Secretary shall issue any regulations
necessary to carry out this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated for assistance payments under this section $20,000,000 for
each of fiscal years 2002, 2003, 2004, 2005, and 2006.
SEC. 3. REDUCED FHA DOWNPAYMENT REQUIREMENTS FOR LOANS FOR PROFESSIONAL
FIREFIGHTERS.
(a) In General.--Section 203(b) of the National Housing Act (12
U.S.C. 1709(b)) is amended by adding at the end the following new
paragraph:
``(11) Reduced downpayment requirements for professional
firefighters.--
``(A) In general.--Notwithstanding paragraph (2),
in the case of a mortgage described in subparagraph
(B)--
``(i) the mortgage shall involve a
principal obligation in an amount that does not
exceed the sum of 99 percent of the appraised
value of the property and the total amount of
initial service charges, appraisal, inspection,
and other fees (as the Secretary shall approve)
paid in connection with the mortgage;
``(ii) no other provision of this
subsection limiting the principal obligation of
the mortgage based upon a percentage of the
appraised value of the property subject to the
mortgage shall apply; and
``(iii) the matter in paragraph (9) that
precedes the first proviso shall not apply and
the mortgage shall be executed by a mortgagor who shall have paid on
account of the property at least 1 percent of the cost of acquisition
(as determined by the Secretary) in cash or its equivalent.
``(B) Mortgages covered.--A mortgage described in
this subparagraph is a mortgage--
``(i) under which the mortgagor--
``(I) is a firefighter; and
``(II) has not, during the 12-month
period ending upon the insurance of the
mortgage, had any present ownership
interest in a principal residence
located in the jurisdiction described
in clause (ii); and
``(ii) made for a property that is located
within the jurisdiction served by the public
fire service or rescue or ambulance agency that
employs the mortgagor.
``(C) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Firefighter.--The term `firefighter'
means an individual--
``(I) who is employed on a full-
time basis by a public fire service or
a private firefighting brigade; and
``(II) the duties of whose position
are primarily to perform work directly
connected with (aa) the control and
extinguishment of fires or the
maintenance and use of firefighting
apparatus and equipment, or (bb) if the
public fire service or private
firefighting brigade employing the
individual provides ambulance or rescue
services, the provision of ambulance or
rescue services or the maintenance of
ambulance or rescue apparatus or
equipment.
``(ii) Public agency.--The term `public
agency' means the United States, any State of
the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and
any other territory or possession of the United
States, or any unit of general local
government, department, agency, or
instrumentality of any entity referred to in
this subparagraph.
``(iii) Public fire service.--The term
`public fire service' means a public agency
consisting of personnel, apparatus, and
equipment which has as its primary purpose the
provision of services to protect property and
maintaining the safety and welfare of the
public from the dangers of fire. Such term
includes a public agency that also provides
ambulance service or rescue services.''.
(b) Deferral and Reduction of Up-Front Premium.--Section 203(c) of
the National Housing Act (12 U.S.C. 1709(c)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Notwithstanding'' and inserting ``Except as
provided in paragraph (3) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(3) Deferral and reduction of up-front premium.--In the case of
any mortgage described in subsection (b)(11)(B):
``(A) Paragraph (2)(A) of this subsection (relating to
collection of up-front premium payments) shall not apply.
``(B) If, at any time during the 5-year period beginning on
the date of the insurance of the mortgage, the mortgagor ceases
to be a firefighter (as such term is defined in subsection
(b)(11)(C)) or pays the principal obligation of the mortgage in
full, the Secretary shall at such time collect a single premium
payment in an amount equal to the amount of the single premium
payment that, but for this paragraph, would have been required
under paragraph (2)(A) of this subsection with respect to the
mortgage, as reduced by 20 percent of such amount for each
successive 12-month period completed during such 5-year period
before such cessation or prepayment occurs.''.
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Firefighters Affordable Housing Act - Authorizes the Secretary of Housing and Urban Development to provide mortgage assistance to qualified volunteer firefighters. Ends such assistance upon termination of: (1) use as primary residence; or (2) firefighter duties within ten years of the mortgage's execution.Amends the National Housing Act to provide for one percent downpayments (and deferral and reduction of up-front premium) for Federal Housing Administration mortgage loans for qualified professional firefighters to purchase homes within the jurisdictions of their employing public fire service or rescue or ambulance agency. (Requires the mortgagor to not have had an ownership interest in a principal residence within such jurisdiction during the 12-month period ending upon the mortgage's insurance.)
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Lands Reclamation
Reform Act of 2001''.
SEC. 2. AMENDMENTS TO SURFACE MINING ACT.
(a) Section 401 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231) is amended as follows:
(1) In subsection (c) strike paragraphs (2) and (6) and
renumber the paragraphs accordingly.
(2) In subsection (e), insert before the period in the
third sentence the following: ``for the purpose of the transfer
provided by section 402(h).''.
(b) Section 402 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232) is amended as follows:
(1) In subsection (b) by striking ``2004'' and inserting
``2011''.
(2) In subsection (g)(1)(D) strike ``(2), (3), (4), or''.
(3) Subsection (g)(2) is amended to read as follows:
``(2) In making the grants referred to in paragraph (1)(C)
and the grants referred to in paragraph (5), the Secretary
shall insure strict compliance by the States and Indian tribes
with the priorities set forth in section 403(a) until a
certification is made under section 411(a).''.
(4) In subsection (g)(3)--
(A) strike ``paragraphs (2) and'' and insert
``paragraph''; and
(B) strike ``11'' and insert ``9''.
(5) Subsection (g)(4) is amended to read as follows:
``(4)(A) Amounts available in the fund to the Secretary for
the purposes set forth under paragraph (3)(C) or to a State or
an Indian tribe under paragraphs (1) and (5) are authorized to
be expended for the reclamation or drainage abatement of lands
and waters which were mined for coal or which were affected by
such mining, wastebanks, coal processing or other coal mining
processes and left in an inadequate reclamation status if the
surface coal mining operation occurred during the period
beginning on August 4, 1977, and ending on or before the date
on which the Secretary approved a State program pursuant to
section 503 for a State in which the site is located, and that
any funds for reclamation or abatement which are available
pursuant to a bond or other form of financial guarantee or from
any other source are not sufficient to provide for adequate
reclamation or abatement at the site.
``(B) In determining which sites to reclaim pursuant to
this paragraph, the Secretary, a State or Indian tribe, as the
case may be, shall follow the priorities set forth under
section 403(a). The Secretary, the State or Indian tribe, as
the case may be, shall ensure that priority is given to those
sites which are in the immediate vicinity of a residential area
or which have an adverse economic impact upon a local
community.''.
(6) In subsection (g)(5)--
(A) strike ``40'' and insert ``60''; and
(B) strike ``Funds allocated or expended by the
Secretary under paragraphs (2), (3), or (4),'' and
insert ``Funds made available under paragraph (3) or
(4)''.
(7) Subsection (g)(6) is amended to read as follows:
``(6)(A) Any State with an approved abandoned mine
reclamation program pursuant to section 405 may retain, with
regard to the 3-year limitation referred to in paragraph
(1)(D), up to 10 percent of the total of the grants made
annually to such State under paragraphs (1) and (5) if such
amounts are deposited into an acid mine drainage abatement and
treatment fund established under State law, from which amounts
(together with all interest earned on such amounts) are expended by the
State for the abatement of the causes and the treatment of the effects
of acid mine drainage in a comprehensive manner within qualified
hydrologic units affected by coal mining practices.
``(B) For the purposes of this paragraph, the term
`qualified hydrologic unit' means a hydrologic unit--
``(i) in which the water quality has been
significantly affected by acid mine drainage from coal
mining practices in a manner which adversely impacts
biological resources; and
``(ii) which contains lands and waters which are--
``(I) eligible pursuant to section 404 and
include any of the priorities set forth in
section 403(a), or notwithstanding the
certification referred to in section 411(a),
the priority set forth in section 411(c)(1);
and
``(II) the subject of expenditures by the
State from the forfeiture of bonds required
under section 509 or from other States sources
to abate and treat acid mine drainage.''.
(8) Subsection (g)(7) is amended to read as follows:
``(7) In complying with the priorities set forth in section
403(a), any State or Indian tribe may use amounts available in
grants made annually to such State or tribe under paragraphs
(1) and (5) for the reclamation of eligible lands and waters
set forth in section 411(c)(1), notwithstanding the
certification referred to in section 411(a), only if the
expenditure of funds for such reclamation is done in
conjunction with the expenditure of funds to address the
priorities set forth in section 403(a), or in association with
a surface coal mining operation on lands eligible for remining
under this Act.''.
(9) In subsection (g)(8) insert ``or for the reclamation of
eligible lands and waters set forth in section 411(c)(1)''
after ``section 403(a)''.
(10) In subsection (h)(2)--
(A) strike ``sum of--'' and all that follows
through ``$70,000,000'' and insert ``sum of the amount
of interest which the Secretary estimates will be
earned and paid to the fund during the fiscal year with
such amount used, notwithstanding any other provision
of law, to pay the amount of any deficit in net assets
in the Combined Fund''; and
(B) strike subparagraphs (A) and (B).
(11) Strike paragraphs (3) and (4) of subsection (h).
(c) Section 403 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1233(a)) is amended as follows:
(1) In subsection (a)--
(A) In paragraph (1) strike ``general welfare,''
and insert ``and'' after the semicolon.
(B) In paragraph (2) strike ``health, safety, and
general welfare'' and insert ``health and safety'' and
insert a period in lieu of the semicolon at the end.
(C) Strike paragraphs (3), (4) and (5).
(2) In subsection (b)--
(A) Strike ``UTILITIES AND OTHER FACILITIES'' and
insert ``WATER SUPPLY RESTORATION''.
(B) Strike ``(B)'' each place it appears in
paragraph (2).
(3) In subsection (c) insert ``, subject to the approval of
the Secretary,'' after ``amendments''.
(d) Section 404 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1234) is amended by striking ``section 403(b)(1)''
and inserting ``section 403(b)''.
(e) Section 406(i) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1236(i)) is amended to read as follows:
``(i) There is authorized to be
appropriated to the Secretary of Agriculture
such sums as may be necessary from amounts
other than those made available under this
title to carry out provisions of this
section.''.
(f) Section 408(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1238) is amended by striking ``who owned the
surface prior to May 2, 1977, and''.
(g) Section 409 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1239) is amended as follows:
(1) In subsection (a) strike ``at the request of the
Governor of any State, or the governing body of an Indian
tribe'' and insert ``a State or Indian tribe, as the case may
be''.
(2) In subsection (b) strike ``paragraphs (1) and (5) of
section 402(g)'' and insert ``section 402(g)(1)''.
(3) Subsection (c) is amended to read as follows:
``(c)(1) In the case of a State or Indian tribe, expenditures to
carry out the purposes of this section may only be made after making a
request to, and receiving approval from, the Secretary. Only those
reclamation projects which meet the priorities set forth in section
403(a)(1) for lands and waters referenced under section 404 shall be
eligible under this section, except that for the purposes of this
section the references to coal in section 403(a)(1) and section 404
shall not apply.
``(2) No expenditures shall be made under this section in those
States and tribes certified under section 411(a) except in those States
and tribes which have not completed the reclamation of eligible lands
and waters set forth in section 411(c)(1).''.
(h) Section 411 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1240a) is amended to read as follows:
``SEC. 411. CERTIFICATION.
``(a) Certification of Completion of High Priority Coal Reclamation
Projects.--(1) Pursuant to the procedures set forth in this subsection,
the Governor of a State or the head of a governing body of an Indian
tribe with an approved abandoned mine reclamation project under section
405, the Secretary, or the person referred to in paragraph (4) may seek
to certify the completion of all reclamation projects relating to the
priorities set forth in section 403(a) for eligible lands and water
pursuant to section 404 in such State or tribe.
``(2) In the case of a Governor of a State or the head of a
governing body of an Indian tribe referred to in paragraph (1), the
certification shall be made to the Secretary who, after notice in the
Federal Register and opportunity for public comment, shall concur with
such certification if the Secretary determines that such certification
is correct.
``(3) The Secretary may, on his or her own volition, cause the
certification referred to in paragraph (1) to be made in any State or
tribe referred to in such paragraph if on the basis of the inventory
referred to in section 403(c) all reclamation projects relating to the
priorities set forth in section 403(a) for eligible lands and water
pursuant to section 404 in such State or tribe have been completed. The
Secretary shall only make such certification after notice in the
Federal Register and opportunity for public comment.
``(4) Any person who resides in a State or tribe referred to in
paragraph (1) may petition the Secretary to make the certification
referred to in paragraph (1). In filing such a petition, such person
shall at a minimum provide evidence that all reclamation projects
relating to the priorities set forth in section 403(a) for eligible
lands and waters pursuant to section 404 have been completed. Upon
receipt of a petition under this paragraph, the Secretary shall publish
a notice in the Federal Register describing the nature of the petition
and if, after notice and opportunity for public comment, the Secretary
determines there is sufficient reason to make the certification
referred to in paragraph (1) the Secretary shall make such
certification.
``(b) Eligible Lands, Waters, and Facilities.--After a
certification has been made under subsection (a), for the purposes of
determining the eligibility of lands and waters for annual grants under
section 402(g)(1), eligible lands and waters shall be--
``(1) those eligible under section 404 but not otherwise
eligible under the priorities set forth in section 403(a); and
``(2) upon the completion of all projects eligible under
paragraph (1), notwithstanding section 404, eligible lands and
waters which were mined or processed for minerals or which were
affected by such mining or processing, and abandoned or left in
an inadequate reclamation status prior to August 3, 1977, and
for which there is no continuing reclamation responsibility
under State or other Federal laws, except that in determining
the eligibility under this paragraph of lands and waters under
the administrative jurisdiction of the Forest Service or Bureau
of Land Management, in lieu of August 3, 1977, the applicable
date shall be August 28, 1974, and November 26, 1980,
respectively.''.
``(c) Priorities.--Expenditures of moneys for lands and waters
referred to in subsection (b) shall reflect the following objectives
and priorities in the order stated--
``(1) For the purpose of subsection (b)(1), the restoration
of land and water resources and the environment previously
degraded by adverse effects of coal mining practices.
``(2) For the purpose of subsection (b)(2)--
``(A) the protection of public health, safety, and
property from extreme danger of adverse effects of
mineral mining and processing practices;
``(B) the protection of public health and safety
from adverse effects of mineral mining and processing
practices; and
``(C) the restoration of land and water resources
and the environment previously degraded by the adverse
effects of mineral mining and processing practices.
``(d) Specific Sites and Areas Not Eligible.--Sites and areas
designated for remedial action pursuant to the Uranium Mill Tailings
Radiation Control Act of 1978 (42 U.S.C. 7901 and following) or which
have been listed for remedial action pursuant to the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (42
U.S.C. 9601 and following) shall not be eligible for expenditures from
the Fund under this section.
``(e) Water Supply Restoration.--Reclamation projects involving the
protection, repair, replacement, construction, or enhancement of
facilities relating to water supply, including water distribution
facilities and treatment plants, to replace water supplies adversely
affected by past mineral mining and processing practices, may be
undertaken as they relate to eligible lands and waters under subsection
(b)(2).
``(f) Public Facilities.--Notwithstanding subsections (c) and (e),
where the Governor of a State or the head of a governing body of an
Indian tribe certified under subsection (a) determines there is a need
for the: (1) construction of public facilities related to the coal or
minerals industry in States or tribe impacted by coal or minerals
development, or (2) the protection, repair, replacement, construction,
or enhancement of public facilities such as recreation and conservation
facilities adversely affected by past coal or minerals mining and
processing practices, and the Secretary concurs with such need, then
the State or tribe, as the case may be, may use annual grants made
available under section 402(g)(1) to carry out such activities or
construction.
``(g) Application of Other Provisions.--All provisions of this
title shall apply to this section, as they may be applicable, except
that for purposes of subsection (b)(2), subsection (c) and subsection
(e) the references to `coal' in this title shall be deemed to be
references to `minerals' or `mineral'.''.
(i) Section 413 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1242) is amended by striking subsection (d) and
redesignating subsection (e) as subsection (d).
SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT.
(a) Reallocations.--(1) Amounts allocated under section 401(g)(2)
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)(2)) (excluding interest) but not appropriated prior to the date
of enactment of this Act for the program set forth under section 406
shall be available for the purpose described in section 402(g)(5) of
such Act.
(2) Notwithstanding any other provision of law, interest credited
to the fund established by section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) not transferred to the
Combined Fund identified in section 402(h)(2) of such Act prior to the
date of enactment of this Act shall be transferred to such Combined
Fund within 30 days after the enactment of this Act for the purpose set
forth in section 402(h)(2) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)) as amended by this Act.
(b) Inventory.--(1) Within one year after the date of enactment of
this Act, the Secretary shall complete a review of all amendments made
by States and Indians tribes since December 31, 1998, to the inventory
referred to in section 403(c) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(c)) to insure that such
additions reflect eligible lands and waters pursuant to section 404 of
such Act meeting the priorities set forth in section 403(a) of such
Act, and are correctly identified pursuant to such priorities. In
conducting such review, any projects found to be included in the
inventory pursuant to the general welfare standard set forth in section
403(a) of such Act prior to the date of enactment of this Act shall be
deemed as no longer being eligible under section 403(a) of such Act as
amended by this Act and may only be carried out under section 411(c)(1)
of such Act.
(2) The Inspector General of the Department of the Interior shall
evaluate the review undertaken by the Secretary under paragraph (1),
and together with the Secretary, report the results of the review to
the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the United States House of
Representatives within 60 days after the completion of the review.
(3) On an annual basis, the Inspector General of the Department of
the Interior shall review any amendments made to the inventory referred
to in section 403(c) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1233(c)) to insure such amendments meet the
priorities set forth in section 403(a) of such Act.
(c) Savings Clause.--Nothing in this Act shall be deemed as
superseding, amending, modifying or repealing any certification made
pursuant to section 411 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1240a) prior to the date of enactment of this
Act.
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Abandoned Mine Lands Reclamation Reform Act of 2001 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal authorization for the use of moneys in the Abandoned Mine Reclamation Fund ( Fund) earmarked for: (1) the Secretary of Agriculture for rural land reclamation; and (2) studies, research, and demonstration projects by the Department of the Interior.Designates for transfer to the United Mine Workers of America Combined Benefit Fund the interest earned on unexpended Fund amounts.Extends the sunset date for the current rate of reclamation fees from 2004 to 2011.Revises requirements governing: (1) allocation of reclamation fees for certain reclamation purposes; and (2) the transfer of liquidated sums to the United Mine Workers of America Combined Benefit Fund.Repeals priorities for the expenditure of funds for the general welfare and for: (1) restoration of land and water resources and environment previously degraded by the adverse effects of coal mining practices; (2) protection, repair, construction, or enhancement of utilities, roads, and recreation and conservation facilities adversely affected by such practices; and (3) development for recreation, conservation, reclamation, and open space purposes of publicly owned land also adversely affected by such practices.Removes the proscription against the filing of reclamation fee liens against certain property owners who owned the surface prior to May 2, 1977.Authorizes a State or Indian tribe, subject to certain expenditure limitations, to fill voids and seal tunnels resulting from mining operations.Revises requirements pertaining to: (1) certification of completion of high priority coal reclamation projects; and (2) lands, waters, and public facilities eligible for annual grants (including certain water supply restoration and public facilities).
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Washington National
Heritage Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the National Heritage Area designated by section 3(d).
(2) Management plan.--The term ``management plan'' means
the management plan for the National Heritage Area required
under section 4.
(3) Map.--The term ``map'' means the map entitled
``Maritime Washington National Heritage Area Proposed
Boundary'', numbered 584/125,484, and dated August 2014.
(4) National heritage area.--The term ``National Heritage
Area'' means the Maritime Washington National Heritage Area
established by section 3(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Washington.
SEC. 3. MARITIME WASHINGTON NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the Maritime
Washington National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of land located in the counties of Whatcom, Skagit, Snohomish,
San Juan, Island, King, Pierce, Thurston, Mason, Kitsap,
Jefferson, Clallam, and Grays Harbor in the State that is at
least partially located within the area that is \1/4\-mile
landward of the shoreline, as generally depicted on the map.
(2) Revision.--The boundaries of the National Heritage Area
established under paragraph (1) may be revised if the revision
is--
(A) proposed in the management plan;
(B) approved by the Secretary in accordance with
section 4; and
(C) placed on file in accordance with subsection
(c).
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of--
(1) the National Park Service; and
(2) the local coordinating entity.
(d) Local Coordinating Entity.--The Washington Trust for Historic
Preservation shall be the local coordinating entity for the National
Heritage Area.
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the National
Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historical, scenic, and recreational resources of the
National Heritage Area;
(2) take into consideration State and local plans;
(3) include--
(A) an inventory of--
(i) the resources located in the National
Heritage Area; and
(ii) any other property in the National
Heritage Area that--
(I) is related to the themes of the
National Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(B) comprehensive policies, strategies and
recommendations for the conservation, funding,
management, and development of the National Heritage
Area;
(C) a description of actions that governments,
private organizations, and individuals have agreed to
take to protect the natural, cultural, and historical
resources of the National Heritage Area;
(D) a program of implementation for the management
plan by the local coordinating entity that includes a
description of--
(i) actions to facilitate ongoing
collaboration among partners to promote plans
for resource protection, restoration, and
construction; and
(ii) specific commitments for
implementation that have been made by the local
coordinating entity or any government,
organization, or individual for the first 5
years of operation of the National Heritage
Area;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
Federal, State, and local programs may best be
coordinated to carry out this section, including a
description of the role of the National Park Service in
the National Heritage Area; and
(G) an interpretive plan for the National Heritage
Area; and
(4) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the natural, cultural, historical,
scenic, recreational, and educational resources of the National
Heritage Area.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of enactment
of this Act, the local coordinating entity shall be ineligible to
receive additional funding under this Act until the date on which the
Secretary receives and approves the management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the National Heritage Area,
including governments, natural and historical resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has afforded
adequate opportunity, including public hearings, for
public and governmental involvement in the preparation
of the management plan; and
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
cultural, and historical resources of the National
Heritage Area.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 180 days after the receipt of
any proposed revision of the management plan from the
local coordinating entity, approve or disapprove the
proposed revision.
(4) Amendments.--
(A) In general.--The Secretary shall approve or
disapprove each amendment to the management plan that
makes a substantial change to the management plan, as
determined by the Secretary.
(B) Use of funds.--The local coordinating entity
shall not use Federal funds authorized by this section
to carry out any amendments to the management plan
until the date on which the Secretary has approved the
amendments.
SEC. 5. ADMINISTRATION.
(a) Authorities.--For purposes of implementing the management plan,
the Secretary, acting through the local coordinating entity, may use
amounts made available under section 9--
(1) to make grants to the State or a political subdivision
of the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(3) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection and heritage programming;
(4) to obtain money or services from any source, including
any money or services that are provided under any other Federal
law or program;
(5) to contract for goods or services; and
(6) to undertake to be a catalyst for any other activity
that--
(A) furthers the purposes of the National Heritage
Area; and
(B) is consistent with the approved management
plan.
(b) Duties.--The local coordinating entity shall--
(1) in accordance with section 4, prepare and submit a
management plan to the Secretary;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the National Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the National Heritage Area;
(C) developing recreational and educational
opportunities in the National Heritage Area;
(D) increasing public awareness of, and
appreciation for, natural, cultural, historical, and
scenic resources of the National Heritage Area;
(E) identifying and restoring historic sites and
buildings in the National Heritage Area that are
consistent with National Heritage Area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
National Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the National Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the National
Heritage Area in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan;
(5) for any year for which Federal funds have been received
under this section--
(A) submit to the Secretary an annual report that
describes the activities, expenses, and income of the
local coordinating entity (including grants from the
local coordinating entity to any other entities during
the year that the report is made);
(B) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the organizations receiving the
funds make available to the Secretary for audit all
records concerning the expenditure of the funds; and
(6) encourage, by appropriate means, economic viability
that is consistent with the National Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds made available under
section 9 to acquire real property or any interest in real property.
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the National
Heritage Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity, to the maximum
extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
National Heritage Area;
(2) requires any property owner--
(A) to permit public access (including access by
Federal, State, or local agencies) to the property of
the property owner; or
(B) to modify public access or use of property of
the property owner under any other Federal, State, or
local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency;
(4) conveys any land use or other regulatory authority to
the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) alters, modifies, diminishes, or extinguishes the
treaty rights of any Indian tribe within the National Heritage
Area;
(7) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(8) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 8. EVALUATION AND REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the National Heritage
Area, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the National
Heritage Area; and
(B) achieving the goals and objectives of the
management plan;
(2) analyze the investments of Federal, State, tribal, and
local government and private entities in the National Heritage
Area to determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that includes recommendations
for the future role of the National Park Service with respect to the
National Heritage Area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be made
available in any fiscal year.
(b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
(c) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity carried out under this Act shall be not more than 50
percent.
(2) Form.--The non-Federal share of the total cost of any
activity carried out under this Act may be in the form of in-
kind contributions of goods or services fairly valued.
(d) Termination of Authority.--The authority of the Secretary to
provide assistance under this Act terminates on the date that is 15
years after the date of enactment of this Act.
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Maritime Washington National Heritage Area Act This bill establishes the Maritime Washington National Heritage Area in the state of Washington. The Washington Trust for Historic Preservation shall be the local coordinating entity for the area and shall prepare and submit a management plan for it.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Even Start Quality Improvement
Act''.
SEC. 2. RESERVATION FOR SPECIAL TRAINING AND TECHNICAL ASSISTANCE.
(a) In General.--Section 1232(b) of Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6381a(b)) is amended by adding at the
end the following:
``(3) Special Training and Technical Assistance.--
``(A) In general.--For the first fiscal year after
fiscal year 2002 for which the amount appropriated
under section 1002(b)(3) exceeds the amount
appropriated under such section for the preceding
fiscal year by $8,000,000 or more, the Secretary shall
reserve from such excess amount $5,000,000. The
Secretary shall use such reserved amount to provide
special training, technical assistance, and
professional development to eligible entities
implementing Even Start programs, and to the staff of
such programs, in order to improve the quality of
services for eligible participants, and to assist
personnel in meeting the professional development
requirements described in section 1235(5).
``(B) Grant or contract.--The Secretary shall carry
out subparagraph (A) by entering into a grant or
contract with not less than 2 eligible organizations
with experience and expertise in the provision of
training, technical assistance, and professional
development to family literacy providers, particularly
eligible organizations with experience in the provision
of such services to Even Start programs. Such entities
may include the National Even Start Association, the
National Center for Family Literacy, and the William F.
Goodling Institute for Research in Family Literacy. In
awarding grants or contracts under this subparagraph,
the Secretary shall give priority to eligible
organizations that work cooperatively with other
eligible organizations.
``(C) Activities.--Activities carried out with
amounts reserved under this paragraph shall include--
``(i) training and technical assistance;
``(ii) assistance to personnel in meeting
the professional development requirements
described in section 1235(5); and
``(iii) training and the development of
materials to ensure that instructional programs
are based on scientifically based reading
research.
``(D) Identification of programs.--States shall
identify, based on the indicators of program quality
developed by the State under section 1240 and other
information available to the State, a list of the Even
Start programs in the State that are in need of
training, technical assistance, and professional
development.
``(E) Application for assistance.--Even Start
programs identified under subparagraph (D) may submit
an application for assistance under this paragraph to
the Secretary. Based on need and the quality of the
application, the Secretary shall select the programs to
be assisted and refer each approved application to an
eligible organization described in subparagraph (B)
that has expertise and experience in providing the type
of assistance required by such Even Start programs.
``(F) Consultation.--In providing services under
this paragraph, eligible organizations shall consult
with the National Institute of Child Health and Human
Development and the National Institute for Literacy for
guidance in identifying--
``(i) literacy and reading instructional
approaches and practices that are based on
scientifically based reading research; and
``(ii) best practices for serving adult
learners.''.
(b) Eligible Organization Defined.--Section 1232(e)(2) of
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381a(e)(2))
is amended by inserting ``the National Even Start Association,'' after
``Center for Family Literacy,''.
SEC. 3. STUDY OF EVEN START PARTICIPANTS.
(a) In General.--The Secretary shall contract with a qualified
entity (such as a private organization, governmental agency, or
institution of higher education) with experience and expertise in
family literacy services (as defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) to conduct a
study of--
(1) children who participated in the program known as the
``William F. Goodling Even Start Family Literacy Program''
(authorized, on the date of the enactment of this Act, under
subpart 3 of part B of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6381-6381k)) and are in the
3rd or 4th grade during the study;
(2) the parents of such children; and
(3) other adults who participated with such children in
such program.
(b) Assessing Results of Children's Participation.--
(1) In general.--The study shall assess the impact of
participation by such children in such program with respect
to--
(A) whether or not such children are reading on
grade level and otherwise performing on a level equal
to or better than their peers;
(B) school attendance; and
(C) whether or not such children have been retained
for more than 1 year in any grade and the reasons for
such retention, if applicable.
(2) Parental consent.--The consent of a child's parent (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)) shall be obtained prior
to commencing any effort to obtain data under paragraph (1)
with respect to the child.
(c) Assessing Results of Adults' Participation.--
(1) In general.--The study shall also assess the long-term
impact of participation by parents (or other adults) in such
program, through methods such as--
(A) personal interviews; and
(B) testing of such individuals for retained or
improved literacy skills (but only in cases in which
there are baseline test results for an individual
available for comparison that were obtained just prior
to the individual's commencing or ceasing participation
in such program).
(2) Information included.--The study shall gather
information regarding adult participants' current educational
and employment endeavors and the perceived impact of
participation in such program on the adult's ability to
participate in their child's education.
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Even Start Quality Improvement Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to reserve certain funds for grants and contracts to eligible organizations to provide special training, technical assistance, and professional development to eligible entities implementing Even Start programs and to the staff of such programs.Directs the Secretary to contract with a qualified entity with experience and expertise in family literacy services to conduct a study and assess the impact of the William F. Goodling Even Start Family Literacy Program on children who participated in it and who are in the third or fourth grade during the study, and on their parents and other adults who participated with them.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Consumer Right to Know
Act'' or the ``e-KNOW Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) improving consumers' understanding of and access to the
electric energy usage information of the consumers will help
consumers more effectively manage usage;
(2) consumers have a right of access to the electric energy
usage information of the consumers;
(3) the right of access to electric energy usage
information should be based on the need to have access to the
information rather than on a specific type of smart metering
technology and, as a result, all usage information platforms
can compete and innovation will be fostered;
(4) utilities should provide electric energy usage
information based on the best capabilities of the metering
technology currently deployed in the respective service areas
or, on upgrade, based on standards recognized by the National
Institute of Standards and Technology;
(5) consumers should have the ability to access unaudited
usage information directly from the electric meters of the
consumers or from sources independent of the electric meters,
and from sources independent of the utilities of the consumers;
(6) consumers should retain the right to the privacy and
security of electric energy usage information of the consumers
created through usage;
(7) consumers should have the right to control the electric
energy usage information of the consumers and the right to
privacy for the information when third party aggregators of
data are involved in creation, management, or collection of the
information; and
(8) consumers should have the right to know how the
authorized third-party data manager of the consumers will
manage the retail electric energy information of the consumers
once the manager has accessed the information.
SEC. 3. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY INFORMATION.
(a) In General.--Title II of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 824 et seq.) is amended by adding at the end the
following:
``SEC. 215. ELECTRIC CONSUMER RIGHT TO ACCESS ELECTRIC ENERGY
INFORMATION.
``(a) Definitions.--In this section:
``(1) Retail electric energy information.--The term `retail
electric energy information' means--
``(A) the electric energy consumption of an
electric consumer over a defined time period;
``(B) the retail electric energy prices or rates
applied to the electricity usage for the defined time
period described in subparagraph (A) for the electric
consumer;
``(C) the cost of usage by the consumer, including
(if smart meter usage information is available) the
estimated cost of usage since the last billing cycle of
the consumer; and
``(D) in the case of nonresidential electric
meters, any other electrical information that the meter
is programmed to record (such as demand measured in
kilowatts, voltage, frequency, current, and power
factor).
``(2) Smart meter.--Except as provided in subsection (e),
the term `smart meter' means the device used by an electric
utility that--
``(A)(i) measures electric energy consumption by an
electric consumer at the home or facility of the
electric consumer in intervals of 1 hour or less; and
``(ii) is capable of sending electric energy usage
information through a communications network to the
electric utility; or
``(B) meets the guidelines issued under subsection
(h).
``(b) Consumer Rights.--
``(1) In general.--Each electric consumer in the United
States shall have the right to access (and to authorize 1 or
more third parties to access) retail electric energy
information of the electric consumer in--
``(A) an electronic form, free of charge, in
conformity with nationally recognized open standards
developed by a nationally recognized standards
organization; and
``(B) a manner that is timely and convenient and
provides adequate protections for the security of the
information and the privacy of the electric consumer.
``(2) Smart meters.--In the case of an electric consumer
that is served by a smart meter that can also communicate
energy usage information to a device or network of an electric
consumer or a device or network of a third party authorized by
the consumer, the consumer shall, at a minimum, have the right
to access (and to authorize 1 or more third parties to access)
usage information in read-only format directly from the smart
meter.
``(3) Provider of information.--The information required
under this subsection shall be provided by the electric utility
of the consumer or such other entity as may be designated by
the applicable electric retail regulatory authority.
``(c) Information.--The right to access retail electric energy
information under subsection (b) includes, at a minimum--
``(1)(A) in the case of an electric consumer that is served
by a smart meter, the right to access retail electric energy
information--
``(i) in machine readable form, not more than 48
hours after consumption has occurred; or
``(ii) in accordance with the guidelines issued
under subsection (h); or
``(B) in the case of an electric consumer that is not
served by a smart meter, the right to access retail electric
energy information in machine readable form as expeditiously
after the time of receipt in a data center (including
information provided by third party services) as is reasonably
practicable and as prescribed by the applicable electric retail
regulatory authority; and
``(2) except as otherwise provided in subsection (d)--
``(A) in the case of an electric consumer that is
served by a smart meter, data at a granularity that
is--
``(i) not less granular than the intervals
at which the data is recorded and stored by the
billing meter in use at the premise of the
electric consumer; or
``(ii) in accordance with the guidelines
issued under subsection (h); and
``(B) in the case of an electric consumer that is
not served by a smart meter, data at granularity equal
to the data used for billing the electric consumer, or
more precise granularity, as prescribed by the
applicable electric retail regulatory authority.
``(d) Electric Energy Information Retention.--An electric consumer
shall have the right to access the retail electric energy information
of the consumer, through the website of the electric utility or other
electronic access authorized by the electric consumer, for a period of
at least 13 months after the date on which the usage occurred, unless a
different period is prescribed by the applicable electric retail
regulatory authority.
``(e) Data Security.--Access described in subsection (d) shall not
interfere with or compromise the integrity, security, or privacy of the
operations of a utility and the electric consumer, in accordance with
the guidelines issued by the Commission under subsection (h).
``(f) Cost Recovery.--An electric utility providing retail electric
energy information in accordance with otherwise applicable regulation
of rates for the retail sale and delivery of electricity may recover in
rates the cost of providing the information, if the cost is determined
reasonable and prudent by the applicable electric retail regulatory
authority.
``(g) Additional Available Information.--The right to access
electric energy information shall extend to usage information generated
by devices in or on the property of the consumer that is transmitted to
the electric utility.
``(h) Guidelines for Electric Consumer Access.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Commission shall (after
consultation with State and local regulatory authorities,
including the National Association of Regulatory Utility
Commissioners, the Secretary of Energy, other appropriate
Federal agencies, including the National Institute of Standards
and Technology, consumer advocacy groups, utilities, and other
appropriate entities, and after notice and opportunity for
comment) issue guidelines that establish minimum national
standards for implementation of the electric consumer right to
access retail electric energy information under subsection (b).
``(2) State and local regulatory action.--In issuing the
guidelines, the Commission shall, to the maximum extent
practicable, be guided by actions taken by State and local
regulatory authorities to ensure electric consumer access to
retail electric energy information, including actions taken
after consideration of the standard under section 111(d)(17).
``(3) Content.--The guidelines shall provide guidance on
issues necessary to carry out this section, including--
``(A) the timeliness and granularity of retail
electric energy information;
``(B) appropriate nationally recognized open
standards for data;
``(C) a definition of the term `smart meters'; and
``(D) protection of data security and electric
consumer privacy, including consumer consent
requirements.
``(4) Revisions.--The Commission shall periodically review
and, as necessary, revise the guidelines to reflect changes in
technology and the market for electric energy and services.
``(i) Enforcement.--
``(1) Enforcement by state attorneys general.--If the
attorney general of a State, or another official or agency of a
State with competent authority under State law, has reason to
believe that any electric utility that delivers electric energy
at retail in the applicable State is not complying with the
minimum standards established by the guidelines under
subsection (h), the attorney general, official, or agency of
the State, as parens patriae, may bring a civil action against
the electric utility, on behalf of the electric consumers
receiving retail service from the electric utility, in a
district court of the United States of appropriate
jurisdiction, to compel compliance with the standards.
``(2) Safe harbor.--
``(A) In general.--No civil action may be brought
against an electric utility under paragraph (1) if the
Commission has, during the 2-year period ending on the
date of the determination, determined that the electric
utility adopted policies, requirements, and measures,
as necessary, that comply with the standards
established by the guidelines under subsection (h).
``(B) Procedures.--The Commission shall establish
procedures to review the policies, requirements, and
measures of electric utilities to assess, and issue
determinations with regard to, compliance with the
standards.
``(3) Effective date.--This subsection takes effect on the
date that is 2 years after the date the guidelines under
subsection (h) are issued.''.
(b) Conforming Amendment.--The table of contents for the Public
Utility Regulatory Policies Act of 1978 is amended by adding at the end
of the items relating to title II the following:
``Sec. 215. Electric consumer right to access electric energy
information.''.
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Electric Consumer Right to Know Act or e-KNOW Act - Amends the Public Utility Regulatory Policies Act of 1978 to grant an electric consumer the right to access the consumer's retail electric energy information in an electronic form, free of charge, in conformity with nationally recognized open standards developed by a nationally recognized standards organization, and in a manner that is timely and convenient and that provides adequate protections for the security of the information and the privacy of the electric consumer.
Requires such information to be provided by the consumer's retail electricity provider (or such other entity as may be designated by the authority responsible for regulating the retail sale and delivery of electricity to the consumer).
Identifies the type of retail electric energy information which the consumer has the right to access, including: (1) the consumer's electric energy consumption over a defined time period, and (2) the prices or rates applied to the consumer's electricity usage for such time period.
Prohibits such access from interfering with or compromising the integrity, security, or privacy of the operations of a utility and the electric consumer, in accordance with the guidelines issued by the Federal Energy Regulatory Commission (FERC).
Permits a utility providing retail electric energy information to recover in rates the cost of providing the information, if the cost is determined reasonable and prudent by the entity with jurisdiction over metering and retail electric service for the consumer.
Directs FERC to: (1) issue guidelines that establish minimum national standards for implementation of the electric consumer right to access retail electric energy information, and (2) be guided by actions taken by state and local regulatory authorities to ensure electric consumer access to such information.
Empowers the attorney general, official, or agency of the state, as parens patriae, to bring a civil action in federal district court to compel compliance with such standards.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Security Through Transparency
Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is in the interest of the United States to promote
good governance in the extractive industries sector because
good governance strengthens the national security and foreign
policy of the United States, contributes to a better investment
climate for businesses in the United States, increases the
reliability of commodity supplies upon which businesses and
people in the United States rely, and promotes greater energy
security.
(2) Developing countries that derive a significant portion
of revenues from natural resource extraction tend to have
higher poverty rates, weaker governance, higher rates of
conflict, and poorer development records than countries that do
not rely on resource revenues. The consequences of what is
known as the ``resource curse'' including the erosion of civil
society, a rise in internal conflicts and regional violence,
and the proliferation of terrorism are likely to pose a long-
term threat to the national security, foreign policy, and
economic interests of the United States.
(3) Transparency in revenue payments to governments enables
citizens to hold their leaders more accountable.
(4) There is a growing consensus among oil, gas, and mining
companies that transparency in revenue payments is good for
business, since it improves the business climate in which they
work and fosters good governance and accountability.
(5) Transparency in revenue payments benefits shareholders
of corporations that make such payments because such
shareholders have a desire to know the amount of such payments
in order to assess financial risk, compare payments from
country to country, and assess whether such payments help to
create a more stable investment climate. Undisclosed payments
may be perceived as corrupt and as decreasing the value of the
corporation.
SEC. 3. SENSE OF CONGRESS RELATING TO TRANSPARENCY FOR EXTRACTIVE
INDUSTRIES.
It is the sense of Congress that--
(1) the President should work with foreign governments,
including members of the Group of 8 and the Group of 20, to
establish domestic requirements that companies under the
jurisdiction of each government publicly disclose any payments
made to a government relating to the commercial development of
oil, natural gas, and minerals; and
(2) the United States Government should commit to global
leadership of transparency in extractive industries by
supporting--
(A) multilateral pro-transparency efforts, such as
the Extractive Industries Transparency Initiative, in
revenue collection, budgeting, expenditure, and wealth
management;
(B) bilateral efforts to promote good governance in
the extractive industries through United States
missions and activities abroad;
(C) the implementation of extractive industries
reporting requirements for companies under the
jurisdiction of the United States similar to the
requirements established under section 6 of this Act;
and
(D) efforts to persuade other members of the
Organization for Economic Cooperation and Development
and Asia-Pacific Economic Cooperation to adopt uniform
legislation to ensure a coordinated regulatory
approach.
SEC. 4. SENSE OF CONGRESS RELATING TO THE EXTRACTIVE INDUSTRY
TRANSPARENCY INITIATIVE.
It is the sense of Congress that the President should commit the
United States to become a Candidate Country of the Extractive Industry
Transparency Initiative.
SEC. 5. DISCLOSURE OF PAYMENTS TO THE UNITED STATES.
The Secretary of the Interior shall disclose to the public any
payment (as that term is defined in section 13(m) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(m)), as added by section 6 of this
Act) relating to the commercial development of oil, natural gas, and
minerals on Federal land made by any person to the Federal Government.
SEC. 6. DISCLOSURE OF PAYMENTS BY RESOURCE EXTRACTION ISSUERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(m) Disclosure of Payment by Resource Extraction Issuers.--
``(1) Definitions.--In this subsection--
``(A) the term `commercial development of oil,
natural gas, or minerals' includes the acquisition of a
license, exploration, extraction, processing, export,
and other significant actions relating to oil, natural
gas, or minerals, as determined by the Commission;
``(B) the term `foreign government' means a foreign
government, an officer or employee of a foreign
government, an agent of a foreign government, a company
owned by a foreign government, or a person who will
provide a personal benefit to an officer of a
government if that person receives a payment, as
determined by the Commission;
``(C) the term `payment'--
``(i) means a payment that is--
``(I) made to further the
commercial development of oil, natural
gas, or minerals; and
``(II) not de minimis; and
``(ii) includes taxes, royalties, fees,
licenses, production entitlements, bonuses, and
other material benefits, as determined by the
Commission; and
``(D) the term `resource extraction issuer' means
an issuer that--
``(i) is required to file an annual report
with the Commission; and
``(ii) engages in the commercial
development of oil, natural gas, or minerals.
``(2) Disclosure.--
``(A) Information required.--Not later than 270
days after the date of enactment of the Energy Security
Through Transparency Act of 2009, the Commission shall
issue final rules that require each resource extraction
issuer to include in the annual report of the resource
extraction issuer information relating to any payment
made by the resource extraction issuer, a subsidiary or
partner of the resource extraction issuer, or an entity
under the control of the resource extraction issuer to
a foreign government for the purpose of the commercial
development of oil, natural gas, or minerals,
including--
``(i) the type and total amount of such
payments made for each project of the resource
extraction issuer relating to the commercial
development of oil, natural gas, or minerals;
and
``(ii) the type and total amount of such
payments made to each foreign government.
``(B) International transparency efforts.--To the
extent practicable, the rules issued under subparagraph
(A) shall support the commitment of the United States
Government to international transparency promotion
efforts relating to the commercial development of oil,
natural gas, or minerals.
``(C) Effective date.--With respect to each
resource extraction issuer, the final rules issued
under subparagraph (A) shall take effect on the date on
which the resource extraction issuer is required to
submit an annual report relating to the fiscal year of
the resource extraction issuer that ends not earlier
than 1 year after the date on which the Commission
issues final rules under subparagraph (A).
``(3) Public availability of information.--
``(A) In general.--To the extent practicable, the
Commission shall make available online, to the public,
a compilation of the information required to be
submitted under the rules issued under paragraph
(2)(A).
``(B) Other information.--Nothing in this paragraph
shall require the Commission to make available online
information other than the information required to be
submitted under the rules issued under paragraph
(2)(A).
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Commission such sums as
may be necessary to carry out this subsection.''.
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Energy Security Through Transparency Act of 2009 - Expresses the sense of Congress with respect to: (1) the establishment by foreign governments of requirements that companies under their jurisdiction publicly disclose any payments made to a government relating to the commercial development of oil, natural gas, and minerals; (2) the U.S. commitment to global leadership of transparency in extractive industries by supporting multilateral pro-transparency efforts, bilateral good governance efforts through U.S. missions and activities abroad, implementation of extractive industries reporting requirements for companies under U.S. jurisdiction, and efforts to persuade members of the Organization for Economic Cooperation and Development (OECD) and Asia-Pacific Economic Cooperation (APEC) to adopt uniform legislation to ensure a coordinated regulatory approach; and (3) the need for the President to commit the United States to become a Candidate Country of the Extractive Industry Transparency Initiative.
Requires the Secretary of the Interior to disclose to the public any payment relating to the commercial development of oil, natural gas, and minerals on federal land made by any person to the government. Includes as a "payment" taxes, royalties, fees, licenses, production entitlements, bonuses, and other material benefits, as determined by the Securities and Exchange Commission (SEC).
Amends the Securities Exchange Act of 1934 to require the SEC to issue rules requiring each resource extraction issuer (an issuer that engages in the commercial development of oil, natural gas, or minerals) to include in its annual report information relating to any payment made by the issuer, a subsidiary or partner, or an entity under its control to a foreign government for the purpose of such commercial development. Requires such rules, to the extent practicable, to support the U.S. commitment to international transparency promotion efforts relating to such commercial development.
Requires the SEC, to the extent practicable, to make publicly available online a compilation of the information required to be submitted under the disclosure rules issued pursuant to this Act.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emigrant Wilderness Preservation Act
of 1999''.
SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT
STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS
NATIONAL FOREST, CALIFORNIA.
(a) Cooperative Agreement For Maintenance and Operation.--The
Secretary of Agriculture shall enter into a cooperative agreement with
a non-Federal entity described in subsection (c), under which the
entity will retain, maintain, and operate at private expense the water
impoundment structures specified in subsection (b) that are located
within the boundaries of the Emigrant Wilderness in the Stanislaus
National Forest, California, as designated by section 2(b) of Public
Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(b) Covered Water Impoundment Structures.--The cooperative
agreement required by subsection (a) shall cover the water impoundment
structures located at the following:
(1) Cow Meadow Lake.
(2) Y-Meadow Lake.
(3) Huckleberry Lake.
(4) Long Lake.
(5) Lower Buck Lake.
(6) Leighton Lake.
(7) High Emigrant Lake.
(8) Emigrant Meadow Lake.
(9) Middle Emigrant Lake.
(10) Emigrant Lake.
(11) Snow Lake.
(12) Bigelow Lake.
(c) Eligible Entity.--The following non-Federal entities are
eligible to enter into the cooperative agreement under subsection (a):
(1) A non-profit organization as defined in section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).
(2) The State of California or a political subdivision of
the State.
(3) A private individual, organization, corporation, or
other legal entity.
(d) Responsibilities of the Secretary.--
(1) Map.--The Secretary of Agriculture shall prepare a map
identifying the location, size, and type of each water
impoundment structure covered by the cooperative agreement
under subsection (a).
(2) Terms and conditions of agreement.--The Secretary shall
prescribe the terms and conditions of the cooperative
agreement, which shall set forth the rights and obligations of
the Secretary and the non-Federal entity. At a minimum, the
cooperative agreement shall--
(A) require the non-Federal entity to operate and
maintain the water impoundment structures covered by
the agreement in accordance with a plan of operations
approved by the Secretary;
(B) require approval by the Secretary of all
operation and maintenance activities to be conducted by
the non-Federal entity;
(C) require the non-Federal entity to comply with
all applicable State and Federal environmental, public
health, and safety requirements; and
(D) establish enforcement standards, including
termination of the cooperative agreement for
noncompliance by the non-Federal entity with the terms
and conditions.
(3) Compliance.--The Secretary shall ensure that the non-
Federal entity remains in compliance with the terms and
conditions of this section and the cooperative agreement.
(e) Responsibilities of the Non-Federal Entity.--The non-Federal
entity shall be responsible for--
(1) carrying out its operation and maintenance activities
with respect to the water impoundment structures covered by the
cooperative agreement under subsection (a) in conformance with
this section and the cooperative agreement; and
(2) the costs associated with the maintenance and operation
of the structures.
(f) Prohibition on Use of Mechanized Transport and Motorized
Equipment.--The non-Federal entity may not use mechanized transport or
motorized equipment--
(1) to operate or maintain the water impoundment structures
covered by the cooperative agreement under subsection (a); or
(2) to otherwise conduct activities in the Emigrant
Wilderness pursuant to the cooperative agreement.
(g) Expansion of Agreement to Cover Additional Structures.--In the
case of the six water impoundment structures located within the
boundaries of the Emigrant Wilderness, but not specified in subsection
(b), the Secretary of Agriculture may expand the scope of the
cooperative agreement under subsection (a), with the consent of the
State of California and the other party to the agreement, to include
one or more of these structures, subject to the same terms and
conditions as apply to the structures specified in subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $20,000 to cover
administrative costs incurred by the Secretary to comply with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in carrying out this section.
Passed the House of Representatives November 8, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
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Emigrant Wilderness Preservation Act of 1999 - Directs the Secretary of Agriculture, with respect to the Emigrant Wilderness in the Stanislaus National Forest, California, to enter into an agreement with a qualifying non-Federal entity to retain, maintain, and operate at private expense 12 specified water impoundment structures. Authorizes the Secretary to include an additional six water impoundment structures located within the boundaries of the Emigrant Wilderness.
Sets forth responsibilities of the Secretary and the non-Federal entity.
Prohibits the use of mechanized and motorized transport or equipment to maintain the structures or perform related activities.
Authorizes appropriations.
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Create a condensed overview of the following text: SECTION 1. REGISTRATION OF CANADIAN PESTICIDES BY STATES.
(a) In General.--Section 24 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the
following:
``(d) Registration of Canadian Pesticides by States.--
``(1) Definitions.--In this subsection:
``(A) Canadian pesticide.--The term `Canadian
pesticide' means a pesticide that--
``(i) is registered for use as a pesticide
in Canada;
``(ii) is identical or substantially
similar in its composition to any pesticide
registered under section 3; and
``(iii) is registered by the registrant of
a comparable domestic pesticide or an
affiliated entity of the registrant.
``(B) Comparable domestic pesticide.--The term
`comparable domestic pesticide' means a pesticide
that--
``(i) is registered under section 3;
``(ii) is not subject to a notice of intent
to cancel or suspend or an enforcement action
under section 12, based on the labeling or
composition of the pesticide;
``(iii) is used as the basis for comparison
for the determinations required under paragraph
(3); and
``(iv) is labeled for use on the site or
crop for which registration is sought under
this subsection on the basis of a use that is
not the subject of a pending interim
administrative review under section 3(c)(8).
``(2) Authority to register canadian pesticides.--
``(A) In general.--A State may register a Canadian
pesticide for distribution and use in the State if the
registration is consistent with this subsection and
other provisions of this Act and is approved by the
Administrator.
``(B) Effect of registration.--
``(i) In general.--Except as provided in
clause (ii), on approval by the Administrator,
the registration of a Canadian pesticide by a
State shall be considered a registration of the
pesticide under section 3.
``(ii) Distribution to other states.--A
Canadian pesticide that is registered by a
State under this subsection and distributed to
a person in that State shall not be transported
to, or used by, a person in another State
unless the distribution and use is consistent
with the registration by the original State.
``(C) Registrant.--A State that registers a
Canadian pesticide under this subsection shall be
considered the registrant of the Canadian pesticide
under this Act.
``(3) State requirements for registration.--To register a
Canadian pesticide under this subsection, a State shall--
``(A)(i) determine whether the Canadian pesticide
is identical or substantially similar in its
composition to a comparable domestic pesticide; and
``(ii) submit the proposed registration to the
Administrator only if the State determines that the
Canadian pesticide is identical or substantially
similar in its composition to a comparable domestic
pesticide;
``(B) for each food or feed use authorized by the
registration--
``(i) determine whether there exists a
tolerance or exemption under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
that permits the residues of the pesticide on
the food or feed; and
``(ii) identify the tolerances or
exemptions in the submission made under
subparagraph (D);
``(C) require that the pesticide bear a label
that--
``(i) specifies the information that is
required to comply with section 3(c)(5);
``(ii) identifies itself as the only valid
label;
``(iii) identifies the State in which the
product may be used;
``(iv) identifies the approved use and
includes directions for use, use restrictions,
and precautions that are identical or
substantial similar to the directions for use,
use restrictions, and precautions that are on
the approved label of the comparable domestic
pesticide; and
``(v) includes a statement indicating that
it is unlawful to distribute or use the
Canadian pesticide in the State in a manner
that is inconsistent with the registration of
the pesticide by the State; and
``(D) submit to the Administrator a description of
the proposed registration of the Canadian pesticide
that includes a statement of the determinations made
under this paragraph, the proposed labeling for the
Canadian pesticide, and related supporting
documentation.
``(4) Approval of registration by administrator.--
``(A) In general.--The Administrator shall approve
the proposed registration of a Canadian pesticide by a
State submitted under paragraph (3)(D) if the
Administrator determines that the proposed registration
of the Canadian pesticide by the State is consistent
with this subsection and other provisions of this Act.
``(B) Notice of approval.--No registration of a
Canadian pesticide by a State under this subsection
shall be considered approved, or be effective, until
the Administrator provides notice of approval of the
registration in writing to the State.
``(5) Labeling of canadian pesticides.--
``(A) Distribution.--After a notice of the approval
of a Canadian pesticide by a State is received by the
State, the State shall make labels approved by the
State and the Administrator available to persons
seeking to distribute the Canadian pesticide in the
State.
``(B) Use.--A Canadian pesticide that is registered
by a State under this subsection may be used within the
State only if the Canadian pesticide bears the approved
label for use in the State.
``(C) Containers.--Each container containing a
Canadian pesticide registered by a State shall, before
the transportation of the Canadian pesticide into the
State and at all times the Canadian pesticide is
distributed or used in the State, bear a label that is
approved by the State and the Administrator.
``(D) Report.--A person seeking to distribute a
Canadian pesticide registered by a State shall provide
to the State a report that--
``(i) identifies the person that will
receive and use the Canadian pesticide in the
State; and
``(ii) states the quantity of the Canadian
pesticide that will be transported into the
State.
``(E) Affixing labels.--The act of affixing a label
to a Canadian pesticide under this subsection shall not
be considered production for the purposes of this Act.
``(6) Annual reports.--
``(A) Preparation.--A State registering 1 or more
Canadian pesticides under this subsection shall prepare
an annual report that--
``(i) identifies the Canadian pesticides
that are registered by the State;
``(ii) identifies the users of Canadian
pesticides used in the State; and
``(iii) states the quantity of Canadian
pesticides used in the State.
``(B) Availability.--On the request of the
Administrator, the State shall provide a copy of the
annual report to the Administrator.
``(7) Recalls.--If the Administrator determines that it is
necessary under this Act to terminate the distribution or use
of a Canadian pesticide in a State, on the request of the
Administrator, the State shall recall the Canadian pesticide.
``(8) Suspension of state authority to register canadian
pesticides.--
``(A) In general.--If the Administrator finds that
a State that has registered 1 or more Canadian
pesticides under this subsection is not capable of
exercising adequate controls to ensure that
registration under this subsection is consistent with
this subsection and other provisions of this Act or has
failed to exercise adequate control of 1 or more
Canadian pesticides, the Administrator may suspend the
authority of the State to register Canadian pesticides
under this subsection until such time as the
Administrator determines that the State can and will
exercise adequate control of the Canadian pesticides.
``(B) Notice and opportunity to respond.--Before
suspending the authority of a State to register a
Canadian pesticide, the Administrator shall--
``(i) advise the State that the
Administrator proposes to suspend the authority
and the reasons for the proposed suspension;
and
``(ii) provide the State with an
opportunity time to respond to the proposal to
suspend.
``(9) Disclosure of information by administrator to the
state.--The Administrator may disclose to a State that is
seeking to register a Canadian pesticide in the State
information that is necessary for the State to make the
determinations required by paragraph (3) if the State certifies
to the Administrator that the State can and will maintain the
confidentiality of any trade secrets or commercial or financial
information that was marked under section 10(a) provided by the
Administrator to the State under this subsection to the same
extent as is required under section 10.
``(10) Provision of information by registrants of
comparable domestic pesticides.--If a State registers a
Canadian pesticide, and a registrant of a comparable domestic
pesticide that is (directly or through an affiliate) a foreign
registrant fails to provide to the State the information
possessed by the registrant that is necessary to make the
determinations required by paragraph (3), the Administrator may
suspend without a hearing all pesticide registrations issued to
the registrant under this Act.
``(11) Patents.--Title 35, United States Code, shall not
apply to a Canadian pesticide registered by a State under this
subsection that is transported into the United States or to any
person that takes an action with respect to the Canadian
pesticide in accordance with this subsection.
``(12) Submissions.--A submission by a State under this
section shall not be considered an application under section
3(c)(1)(F).''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by adding at the end of the items relating to section
24 the following:
``(d) Registration of Canadian pesticides by
States.
``(1) Definitions.
``(2) Authority to register Canadian
pesticides.
``(3) State requirements for registration.
``(4) Approval of registration by
Administrator.
``(5) Labeling of Canadian pesticides.
``(6) Annual reports.
``(7) Recalls.
``(8) Suspension of State authority to register
Canadian pesticides.
``(9) Disclosure of information by
Administrator to the State.
``(10) Provision of information by registrants
of comparable domestic pesticides.
``(11) Patents.
``(12) Submissions.''.
(c) Effective Date.--This section and the amendments made by this
section take effect 180 days after the date of enactment of this Act.
|
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to permit State registration of a Canadian pesticide for distribution and use within such State.
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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 ``Restoring Local Control of Airports
Act of 2016''.
SEC. 2. PASSENGER FACILITY CHARGES.
(a) General Authority.--Section 40117(b) of title 49, United States
Code, is amended--
(1) in paragraph (1) by striking ``$1, $2, or $3'' and
inserting ``any amount'';
(2) by striking paragraph (4);
(3) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively;
(4) in paragraph (5) (as so redesignated)--
(A) by striking ``paragraphs (1) and (4)'' and
inserting ``paragraph (1)''; and
(B) by striking ``paragraph (1) or (4)'' and
inserting ``paragraph (1)''; and
(5) in paragraph (6)(A) (as so redesignated)--
(A) by striking ``paragraphs (1), (4), and (6)''
and inserting ``paragraphs (1) and (5)''; and
(B) by striking ``paragraph (1) or (4)'' and
inserting ``paragraph (1)''.
(b) Determination of Reasonableness of Passenger Facility Charge.--
Section 40117 of title 49, United States Code, is amended by adding at
the end the following:
``(n) Determination of Reasonableness of Passenger Facility
Charge.--
``(1) In general.--The Secretary shall issue a
determination as to whether a passenger facility charge is
reasonable, if a written complaint for such determination is
filed with the Secretary by an affected passenger not later
than 120 days after the charge is paid by the passenger.
``(2) Secretary's determination.--In determining under
paragraph (1) whether a passenger facility charge is
reasonable, the Secretary may only determine whether the charge
is reasonable pursuant to paragraph (4).
``(3) Procedural regulations.--Not later than 360 days
after the date of enactment of this subsection, the Secretary
shall publish in the Federal Register final regulations, policy
statements, or guidelines establishing the procedures for
acting upon written complaints filed under paragraph (1).
``(4) Determination of reasonableness.--In determining
under paragraph (1) whether a passenger facility charge is
reasonable, the Secretary shall determine if the passenger
facility charge is--
``(A) excessive in relation to the benefits
conferred; or
``(B) used for a purpose other than the purpose for
which the charge was originally authorized.
``(5) Decisions by secretary.--The final regulations,
policy statements, or guidelines required under paragraph (3)
shall provide for the following:
``(A) Directions regarding an appropriate refund or
credit of a passenger facility charge to a passenger
who has filed with the Secretary a written complaint
relating to a passenger facility charge.
``(B) Not later than 270 days after a complaint
relating to a passenger facility charge is filed with
the Secretary, the Secretary shall issue a written
determination as to whether the passenger facility
charge is reasonable.
``(C) Not later than 90 days after a complaint
relating to a passenger facility charge is filed with
the Secretary, the Secretary shall dismiss the
complaint if no significant dispute exists or shall
assign the matter to an administrative law judge.
Thereafter, the matter shall be handled in accordance
with part 302 of title 14, Code of Federal Regulations,
or as modified by the Secretary, to ensure an orderly
disposition of the matter within the 270-day period and
any specifically applicable provisions of this
subsection.
``(D) The administrative law judge shall issue a
recommended decision within 90 days after the complaint
is assigned.
``(E) If the Secretary, upon the expiration of the
270-day period, has not issued a final order, the
decision of the administrative law judge shall be
deemed to be the final order of the Secretary.''.
SEC. 3. AIRPORT IMPROVEMENT PROGRAM.
(a) Funding.--Section 48103(a) of title 49, United States Code, is
amended by striking ``$3,350,000,000'' and all that follows before the
period at the end and inserting ``$2,950,000,000 for each of fiscal
years 2016 through 2021''.
(b) Apportionments.--Section 47114 of title 49, United States Code,
is amended--
(1) by striking ``$3,200,000,000'' each place it appears
and inserting ``$2,950,000,000''; and
(2) in subsection (f)--
(A) in paragraph (1) by striking ``paragraph (3)''
and inserting ``paragraph (4)'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) In general.--Subject to paragraph (4), and in lieu of
the reduction under paragraph (1), an amount that would be
apportioned under this section (other than amounts apportioned
under subsection (c)(2)) in a fiscal year to the sponsor of an
airport having at least 1.0 percent of the total number of
boardings each year in the United States and for which a charge
of more than $4.50 is imposed in the fiscal year under section
40117 shall be reduced by an amount equal to--
``(A) except as provided in subparagraph (B), 100
percent of the projected revenues from the charge in
the fiscal year but not by more than 100 percent of the
amount that otherwise would be apportioned under this
section; or
``(B) with respect to an airport in Hawaii, 100
percent of the projected revenues from the charge in
the fiscal year but not by more than 100 percent of the
excess of--
``(i) the amount that otherwise would be
apportioned under this section; over
``(ii) the amount equal to the amount
specified in clause (i) multiplied by the
percentage of the total passenger boardings at
the applicable airport that are comprised of
interisland passengers.'';
(D) in paragraph (3) (as so redesignated) by
striking ``paragraph (1)'' and inserting ``paragraph
(1) or (2)''; and
(E) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)--
(I) by striking ``.25 percent'' and
inserting ``1.0 percent''; and
(II) by striking ``paragraph (1)''
and inserting ``paragraph (2)''; and
(ii) in subparagraph (B) by striking
``fiscal year 2004'' and inserting ``fiscal
year 2017 and each fiscal year thereafter''.
(c) Use of Apportioned Amounts.--Section 47117(e)(1)(C) of title
49, United States Code, is amended by striking ``$3,200,000,000'' and
inserting ``$2,950,000,000''.
SEC. 4. REDUCTION IN AIRLINE TICKET TAX.
(a) In General.--Section 4261(a) of the Internal Revenue Code of
1986 is amended by striking ``7.5 percent'' and inserting ``7.0
percent''.
(b) Effective Date.--The amendment made by this section shall apply
to transportation beginning after September 30, 2016, but not for
amounts paid on or before such date.
|
Restoring Local Control of Airports Act of 2016 This bill reauthorizes through FY2021 and revises the Airport Improvement Program. Specifically, the bill: (1) eliminates the federal cap on passenger facility charges (local user fees) of $4.50 per enplanement; and (2) with respect to airports that increase such charges beyond $4.50 per enplanement, provides for corresponding reductions in program grant funding. In addition, the bill amends the Internal Revenue Code to reduce the federal airline ticket tax.
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billsum_train
|
Create a summary of the following text: SYSTEM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury shall modify the
Employee Plans Compliance Resolution System (as described in Revenue
Procedure 2013-12) to achieve the results specified in the succeeding
subsections of this section and to further facilitate corrections and
compliance in such other means as the Secretary deems appropriate.
(b) Loan Error.--
(1) In the case of plan loan errors for which corrections
are specified under the voluntary compliance program, self-
correction shall be made available by methods applicable to
such loans through the voluntary compliance program.
(2) The Secretary of Labor shall treat any loan error
corrected pursuant to paragraph (1) as meeting the requirements
of the Voluntary Fiduciary Correction Program of the Department
of Labor.
(c) 457(b) Plan Correction.--The Secretary of the Treasury shall
update the Employee Plans Compliance Resolution System to provide the
same type of comprehensive correction program that is available under
such system to retirement plans qualified under section 401(a) of the
Internal Revenue Code of 1986 to plans maintained pursuant to section
457(b) of such Code by an employer described in section 457(e)(1)(A) of
such Code.
(d) EPCRS for IRAs.--The Secretary of the Treasury shall expand the
Employee Plans Compliance Resolution System to allow custodians of
individual retirement plans to address inadvertent errors for which the
owner of an individual retirement plan was not at fault, including (but
not limited to)--
(1) waivers of the excise tax that would otherwise apply
under section 4974 of the Internal Revenue Code of 1986,
(2) under the self-correction component of the Employee
Plans Compliance Resolution System, waivers of the 60-day
deadline for a rollover where the deadline is missed for
reasons beyond the reasonable control of the account owner, and
(3) rules permitting a nonspouse beneficiary to return
distributions to an inherited individual retirement plan
described in section 408(d)(3)(C) of the Internal Revenue Code
of 1986 in a case where, due to an inadvertent error by a
service provider, the beneficiary had reason to believe that
the distribution could be rolled over without inclusion in
income of any part of the distributed amount.
(e) Required Minimum Distribution Corrections.--The Secretary of
the Treasury shall expand the Employee Plans Compliance Resolution
System to allow plans to which such system applies and custodians of
individual retirement plans to self-correct, without an excise tax, any
inadvertent errors pursuant to which a distribution is made no more
than 180 days after it was required to be made.
(f) Automatic Feature Error Correction.--In order to promote the
adoption of automatic enrollment and automatic escalation, the
Secretary of the Treasury shall modify the Employee Plans Compliance
Resolution System to establish specific correction methods for errors
in implementing automatic enrollment and automatic escalation features.
Subtitle D--Modifications to the Employee Retirement Income Security
Act of 1974
SEC. 241. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
(a) Amendment to Employee Retirement Income Security Act of 1974.--
Part 1 of subtitle B of title 1 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by adding at
the end the following new section:
``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
``Any document that is required or permitted under this title to be
furnished to a plan participant, beneficiary, or other individual with
respect to a pension plan may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in access to the
document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual, and
``(B) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits;
``(2) the participant or beneficiary has not elected to
receive a paper version of such document;
``(3) notice is provided to each participant or
beneficiary, in electronic or non-electronic form, before a
document is furnished electronically, that apprises the
individual of the right to elect to receive a paper version of
such document; and
``(4) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document; and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this section, the term `document' includes reports,
statements, notices, notifications, and other information.''.
(b) Amendment to Internal Revenue Code of 1986.--Section 414 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(y) Electronic Communication of Pension Plan Information.--Any
document that is required or permitted under this title to be furnished
to a plan participant, beneficiary, or other individual with respect to
a pension plan may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in access to the
document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual, and
``(B) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits;
``(2) the participant or beneficiary has not elected to
receive a paper version of such document;
``(3) notice is provided to each participant or
beneficiary, in electronic or non-electronic form, before a
document is furnished electronically, that apprises the
individual of the right to elect to receive a paper version of
such document; and
``(4) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document; and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this subsection, the term `document' includes reports,
statements, notices, notifications, and other information.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to documents furnished with respect to plan years
beginning after December 31, 2013.
SEC. 242. MODIFICATION OF DEADLINES FOR SUMMARY PLAN DESCRIPTION
UPDATES.
(a) In General.--Paragraph (1) of section 104(b) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1)) is
amended to read as follows:
``(1)(A) The administrator shall furnish to each participant, and
each beneficiary receiving benefits under the plan, a copy of the
summary plan description, and all modifications and changes referred to
in section 102(a)--
``(i) within 90 days after becoming a participant, or in
the case of a beneficiary, within 90 days after first receiving
benefits, or
``(ii) if later, within 120 days after the plan becomes
subject to this part.
``(B)(i) Except as provided in clause (ii), the administrator shall
furnish to each participant, and each beneficiary receiving benefits
under the plan, every fifth year after the plan becomes subject to this
part an updated summary plan description described in section 102 which
integrates all plan amendments made within such five-year period,
except that in a case where no amendments have been made to a plan
during such five-year period, this sentence shall not apply.
Notwithstanding the foregoing, the administrator shall furnish to each
participant, and to each beneficiary receiving benefits under the plan,
the summary plan description described in section 102 every tenth year
after the plan becomes subject to this part.
``(ii) In the case of a pension plan, the administrator shall
furnish to each participant, and each beneficiary receiving benefits
under the plan, 210 days after the end of each remedial plan review
period, an updated summary plan description described in section 102
which integrates all plan amendments made during such period, except
that if no amendments have been made to a plan during such period, an
updated summary plan description shall be furnished not later than 210
days after the end of the subsequent remedial plan review period
(without regard to whether plan amendments were made during such
subsequent period).
``(C)(i) If there is a modification or change described in section
102(a) (other than a material reduction in covered services or benefits
provided in the case of a group health plan (as defined in section
733(a)(1))), a summary description of such modification or change shall
be furnished not later than 210 days after the end of the plan year in
which the change is adopted to each participant, and to each
beneficiary who is receiving benefits under the plan.
``(ii) For purposes of clause (i), any amendment to a pension plan
adopted during a remedial plan review period shall be treated as
adopted in the plan year in which the amendment took effect.
``(D) If there is a modification or change described in section
102(a) that is a material reduction in covered services or benefits
provided under a group health plan (as defined in section 733(a)(1)), a
summary description of such modification or change shall be furnished
to participants and beneficiaries not later than 60 days after the date
of the adoption of the modification or change. In the alternative, the
plan sponsors may provide such description at regular intervals of not
more than 90 days.
``(E) In this paragraph, the term `remedial plan review period'
means, with respect to any pension plan, the period established by the
Secretary of the Treasury under the authority of subsection (b) of
section 401 of the Internal Revenue Code of 1986 as the regular cycle
of review by the Secretary of the Treasury for determining whether the
pension plan continues to meet the requirements of such Code for
treatment as a qualified plan under subsection (a) of such section
401.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to summary plan descriptions furnished under section
104(b) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1024(b)), and modifications or changes described in section
102(a) of such Act (29 U.S.C. 1022(a)), with respect to plan years
beginning after December 31, 2013.
SEC. 243. MODIFICATION OF SMALL PLAN SIMPLIFIED REPORTING REQUIREMENTS.
(a) In General.--Section 104(a)(2) of the Employee Retirement
Income Security Act of 1974, as amended by section 201(c) of this Act,
is amended by striking ``100 participants'' and inserting ``100
participants who have an accrued benefit under the plan''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2013.
SEC. 244. FIDUCIARY REQUIREMENT REGARDING SELECTION OF ANNUITY PROVIDER
AND ANNUITY CONTRACT.
(a) In General.--Section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end
the following:
``(e) Ability of Annuity Providers To Make Payments.--In the case
of the selection of an annuity provider and annuity contract in
connection with the payment of benefits under a defined contribution
plan, the fiduciary requirement under subsection (a)(1)(B) is deemed
satisfied with respect to determining the ability of the annuity
provider to make all payments due under the contract to the extent that
such payments are guaranteed by a State guaranty association under
applicable State law in effect as of the date of issuance of the
contract.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to annuity contracts purchased after the date of enactment of
this Act.
TITLE III--INDIVIDUAL RETIREMENT INVESTMENT ADVICE REFORM
SEC. 301. TRANSFER TO SECRETARY OF THE TREASURY OF AUTHORITIES
REGARDING INDIVIDUAL RETIREMENT PLANS.
(a) In General.--Section 102 of Reorganization Plan No. 4 of 1978
(ratified and affirmed as law by Public Law 98-532 (98 Stat. 2705)) is
amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of clause (ii),
(B) by striking ``and'' at the end of clause (iii),
and
(C) by inserting ``(iv) regulations, rulings,
opinions, and exemptions relating to individual
retirement accounts described in section 408(a) of the
Code and individual retirement annuities described in
section 408(b) of the Code, including simplified
employee pensions under section 408(k) of the Code and
simple retirement accounts under section 408(p) of the
Code; and (v) regulations described in section 103(b)
of this Plan; and'' at the end of clause (iii) (as
amended by subparagraph (B)), and
(2) by adding at the end the following new flush sentence:
``The Secretary of the Treasury shall consult with the Securities and
Exchange Commission in prescribing regulations, rulings, opinions, and
exemptions under subsection (a)(iv) that provide guidance of general
application as to the professional standards of care (whether involving
fiduciary, suitability, or other standards) owed by brokers and
investment advisors to owners and account holders of accounts and
annuities described in such subsection.''.
(b) Joint Authority.--Section 103 of such Plan is amended--
(1) by striking ``In the case of'' and inserting:
``(a) In the case of''; and
(2) by adding at the end:
``(b)(1) The Secretary of the Treasury and the Secretary of Labor
shall have joint authority to issue regulations described in this
subsection, and any such regulations shall be issued jointly by such
Secretaries.
``(2) A regulation is described in this subsection if (i) the
regulation is not described in clause (i), (ii), (iii), or (iv) of
section 102(a) of this Plan and (ii) defines or interprets a term or
requirement that is included in section 4975 of the Code or section 406
of ERISA. The determination of whether any regulation is described in
this subsection shall be made without regard to whether any such term
or requirement is also used or defined in any other provision of the
Code or ERISA.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to regulations, rulings, opinions, and exemptions which
have not been finalized as of July 8, 2013.
(2) Transition.--Any final regulation, ruling, opinion, or
exemption described in section 102(a)(iv) or 103(b) of
Reorganization Plan No. 4 of 1978 (as added by the amendments
made by this section) which was issued by the Secretary of
Labor before July 9, 2013, shall apply until such time as such
regulation, ruling, opinion, or exemption is revoked or
modified pursuant to such amendments.
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Secure Annuities for Employee Retirement Act of 2013 or the SAFE Retirement Act of 2013 - Title I: Public Pension Reform - Amends the Internal Revenue Code to provide for annuity accumulation retirement plans for state and local government employees beginning after 2014. Directs the Comptroller General (GOA) to conduct a study of federal employee pension plans. Title II: Private Pension Reform - Subtitle A: Enhanced Pension Plan Coverage - Amends the Internal Revenue Code, with respect to 401(k) plans, to allow employers who do not maintain a qualified retirement plan to establish a starter 401(k) deferral-only arrangement. Allows contributions to such arrangements of up to $8,000 per year and catch-up contributions for individuals age 50 and older. Increases from $500 to $5,000 the cap on the tax credit for the pension start-up costs of small employers. Allows employers to replace certain pension plans with safe harbor 401(k) plans. Eliminates the 10% cap on contributions to automatic 401(k) plans. Revises rules relating to the election of safe harbor 401(k) status and multiple employer defined contributions. Subtitle B: Pension Plan and Retirement Savings Simplification - Revises rules relating to pension plan amendments, discrimination testing, restrictions on hardship distributions, rollovers, forfeitures, notice requirements for new plan participants, and plan terminations. Terminates rules relating to top-heavy pension plans (plans that have a higher concentration of accrued benefits for key employees) for plan years beginning after December 31, 2013. Allows a new tax credit for contributions to a secure deferral arrangement. Subtitle C: Longevity Reforms - Modifies minimum distribution requirements to allow 25% of the account balance for the purchase of a deferred joint and survivor life annuity. Requires the annuity to be purchased on or before the date of the plan participant's initial required minimum distributions. Prohibits any deferral period from extending beyond the date the participant attains age 85. Requires the Secretary of the Treasury to update or provide new mortality tables for purposes of determining a plan participant's minimum required distribution. Requires a new update every five years. Allows plan participants to convert their required minimum distribution into a Roth individual retirement account (Roth IRA). Allows a plan sponsor to transfer responsibility for the administration of the joint and survivor annuity rules to the annuity provider. Requires the Secretary to modify the Employee Plans Compliance Resolution System to allow for the correction of loan errors and inadvertent errors in retirement plans, IRAs, and required minimum distribution requirements. Subtitle D: Modifications to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement and Income Security Act of 1974 (ERISA) and the Internal Revenue Code to: (1) authorize all documents required or permitted to be furnished to a plan participant to be furnished in electronic form unless the plan participant has elected to receive paper documents; (2) modify the deadline for summary plan description updates; (3) make the annual audit requirement applicable to 100 participants who have an accrued benefit under the plan (currently, 100 participants); and (4) deem the fiduciary duty in selecting an annuity provider and annuity contract in connection with the payment of benefits under a defined contribution plan satisfied to the extent that the contracts are guaranteed by a state guaranty association. Title III: Individual Retirement Investment Advice Reform - Transfers authority to the Secretary of the Treasury for the enforcement of prohibited transaction rules for individual retirement accounts (IRAs). Requires the Secretary to consult with the Securities and Exchange Commission (SEC) in prescribing rules relating to the professional standards of care owed by brokers and investment advisors to holders of IRA accounts and annuities. Provides for the joint issuance of regulations for prohibited transaction rules applicable to employer-sponsored retirement plans by the Secretary of the Treasury and the Secretary of Labor.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work Incentives Amendments of
1993''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--ACCESS TO SSI WORK INCENTIVES
Sec. 101. Access to work incentives under SSI for SSDI-only recipients
who lose eligibility for SSDI benefits
because of working.
TITLE II--WORK INCENTIVES WAIVER AUTHORITY
Sec. 201. Eligibility of certain individuals with disabilities for
coverage under Medicaid home and community-
based care waivers.
Sec. 202. Waiver authority.
TITLE III--AMENDMENTS TO WORK INCENTIVES PROVISIONS
Sec. 301. Disregard deemed income of eligible spouse when determining
continued Medicaid eligibiity under section
1619(b).
Sec. 302. Continuation of Medicaid for the aged who lose SSI due to
excessive earnings.
Sec. 303. Self-support plans not disapproved within 30 days to be
deemed approved.
Sec. 304. Regulations regarding completion of self-support plans.
Sec. 305. Exclusion of income and resources under self-support plans in
determining Medicaid eligibility in
``section 209(b)'' States.
Sec. 306. Expansion of self-support plans to include housing goals.
Sec. 307. Self-support plans for the aged.
Sec. 308. Additional State supplementation requirement.
Sec. 309. Treatment of unemployment compensation, worker's
compensation, and sick pay as earned income
for SSI purposes.
Sec. 310. Treatment of certain grant, scholarship, or fellowship income
as earned income for SSI purposes.
Sec. 311. SSI eligibility for students temporarily abroad.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I--ACCESS TO SSI WORK INCENTIVES
SEC. 101. ACCESS TO WORK INCENTIVES UNDER SSI FOR SSDI-ONLY RECIPIENTS
WHO LOSE ELIGIBILITY FOR SSDI BENEFITS BECAUSE OF
WORKING.
(a) In General.--Section 1619 of the Social Security Act (42 U.S.C.
1382h) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Notwithstanding paragraph (1) of this subsection, a qualified
individual shall not be required to have been eligible to receive
benefits under section 1611 (or a State supplementary payment) for a
month in order to qualify for a monthly benefit under this
subsection.'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``(or, in the
case of a qualified individual, because of his or her
resources)''; and
(B) by adding at the end the following:
``(4)(A) The requirement in paragraph (1) of this subsection, that
an individual have been eligible to receive a benefit under section
1611 or any federally administered State supplementary payment for a
month, shall not apply to any qualified individual.
``(B) In applying paragraph (1) of this subsection to a qualified
individual, the Secretary shall, for 12-month period beginning 3 months
after the end of the individual's period of trial work (as defined in
section 222(c)), disregard that portion of the resources of the
individual, as of the beginning of such 12-month period, that exceeds
the amount which would otherwise result in the ineligibility of the
individual for benefits under this title.''; and
(3) by adding at the end the following:
``(e) As used in this section, the term `qualified individual'
means an individual--
``(1) who has been entitled to benefits under subsection
(d), (e), or (f) of section 202 based on disability, or
disability insurance benefits under section 223;
``(2) whose termination month (as defined in section
223(a)(1)) has not commenced; and
``(3) who files an application for benefits under this
title during the 3-month period immediately following the
individual's period of trial work (as defined in 222(c)).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to periods of trial work (as defined in 222(c) of the
Social Security Act) ending on or after the date that is 3 months
before such date of enactment.
TITLE II--WORK INCENTIVES WAIVER AUTHORITY
SEC. 201. ELIGIBILITY OF CERTAIN INDIVIDUALS WITH DISABILITIES FOR
COVERAGE UNDER MEDICAID HOME AND COMMUNITY-BASED CARE
WAIVERS.
(a) In General.--Section 1915(c) of the Social Security Act (42
U.S.C. 1396n(c)) is amended by adding at the end the following new
paragraph:
``(11)(A) At the request of a State, the State plan may provide
services under a waiver under this subsection to any individual
described as follows (but only if such individual would otherwise be
entitled to services under the waiver):
``(i) An individual who receives benefits under subsection
(d), (e), or (f) of section 202 based on disability, or
disability insurance benefits under section 223.
``(ii) An individual who would be entitled to benefits
under subsection (d), (e), or (f) of section 202 based on
disability, disability insurance benefits under section 223, or
benefits under section 1611 through the application of section
1619, if the individual's earnings did not exceed the
applicable criteria used by the Secretary to determine whether
an individual has demonstrated an ability to engage in
substantial gainful activity.
``(B) In the case of an individual described in subparagraph
(A)(ii), a waiver under this subsection may also include a waiver of
the provisions of section 1903(f)(4)(C) requiring the Secretary to
disregard subsection (b) of section 1612 in determining whether the
individual's income exceeds 300 percent of the supplemental security
income benefit rate established by section 1611(b)(1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to waivers under section 1915(c) of the Social Security Act for
quarters beginning 90 or more days after the date of the enactment of
this Act.
SEC. 202. WAIVER AUTHORITY.
Part A of title XVI of the Social Security Act (42 U.S.C. 1381-
1382j)) is amended by adding at the end the following:
``SEC. 1622. WORK INCENTIVES.
``(a) Request.--For the purpose of enabling individuals who are
aged, blind, or disabled individuals to work, any State may request the
Secretary to apply subsection (c) with respect to the residents of the
State.
``(b) Provision of Work Incentives.--The Secretary shall apply
subsection (c) with respect to the residents of a State that has
submitted a request under subsection (a) if the Secretary finds that
doing so would be cost-effective and efficient and not inconsistent
with the purposes of this title, and would encourage work by
individuals with severe disabilities.
``(c) Nature of Work Incentives.--In determining whether any
resident of the State is eligible for benefits under this title and, if
so, the amount of such benefits--
``(1) section 1612(b)(4) shall be applied--
``(A) by substituting `not more than $2,400 (as
agreed upon by the Secretary and the State in which the
individual resides)' for `$780' each place such term
appears; and
``(B) by substituting `one-third' for `one-half'
each place such term appears; and
``(2) earned income shall be excluded under section 1612(b)
only pursuant to paragraphs (1), (2)(A), and (4) of such
section.''.
TITLE III--AMENDMENTS TO WORK INCENTIVES PROVISIONS
SEC. 301. DISREGARD DEEMED INCOME OF INELIGIBLE SPOUSE WHEN DETERMINING
CONTINUED MEDICAID ELIGIBIITY UNDER SECTION 1619(b).
Section 1614(f)(1) of the Social Security Act (42 U.S.C.
1382c(f)(1)) is amended by inserting ``(other than under section
1619(b))'' after ``benefits''.
SEC. 302. CONTINUATION OF MEDICAID FOR THE AGED WHO LOSE SSI DUE TO
EXCESSIVE EARNINGS.
Section 1619 of the Social Security Act (42 U.S.C. 1382h) is
amended by adding at the end the following:
``(e) For purposes of title XIX, any individual who was determined
to be an eligible individual (or eligible spouse) by reason of age and
was eligible to receive benefits under section 1611 (or a federally
administered State supplementary payment) for a month, and who becomes
ineligible to receive such benefits for a subsequent month solely due
to excessive income shall, neverthelesss, be considered to be receiving
supplemental security income benefits for so long as the individual
continues to be otherwise eligible for benefits under this title.''.
SEC. 303. SELF-SUPPORT PLANS NOT DISAPPROVED WITHIN 30 DAYS TO BE
DEEMED APPROVED.
(a) Amendments to Income Exclusion Rules.--Section 1612(b)(4) of
the Social Security Act (42 U.S.C. 1382a(b)(4)(A)) is amended in each
of subparagraphs (A) and (B) by inserting ``and, for purposes of this
clause, a plan for self-support which is not disapproved by the
Secretary within 30 days after the date of submission shall be deemed
to be approved by the Secretary until subsequently disapproved by the
Secretary,'' after ``plan,''.
(b) Amendment to Resource Exclusion Rule.--Section 1613(a)(4) of
such Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``and, for
purposes of this paragraph, a plan for self-support which is not
disapproved by the Secretary within 30 days after the date of
submission shall be deemed to be approved by the Secretary until
subsequently disapproved by the Secretary,'' after ``such plan''.
SEC. 304. REGULATIONS REGARDING COMPLETION OF SELF-SUPPORT PLANS.
Section 1633 of the Social Security Act (42 U.S.C. 1383b) is
amended by adding at the end the following:
``(d) The Secretary shall establish a time limit by which
activities under a plan for achieving self-support must be completed,
using criteria that take into account the difficulty of achieving self-
support based on the needs of the individual and the goals of the
plan.''.
SEC. 305. EXCLUSION OF INCOME AND RESOURCES UNDER SELF-SUPPORT PLANS IN
DETERMINING MEDICAID ELIGIBILITY IN ``SECTION 209(b)''
STATES.
(a) In General.--
(1) Determination of income.--The first sentence of section
1902(f) of the Social Security Act (42 U.S.C. 1396a(f)) is
amended--
(A) by striking ``and incurred expenses'' and
inserting ``incurred expenses''; and
(B) by striking ``thereof)'' and inserting the
following: ``thereof, and any income of an individual
with a plan for achieving self-support approved by the
Secretary under section 1612(b)(4))''.
(2) Determination of resources.--The first sentence of such
section is amended by striking ``is not'' and inserting the
following: ``and the resources of any such individual
(excluding any resources excluded under a plan for achieving
self-support approved by the Secretary under section
1613(a)(4)) are not''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to quarters beginning on or after the expiration of the 90-day
period that begins on the date of the enactment of this Act.
SEC. 306. EXPANSION OF SELF-SUPPORT PLANS TO INCLUDE HOUSING GOALS.
Section 1612(b)(4) of the Social Security Act (42 U.S.C.
1382a(b)(4)) is amended in each of subparagraphs (A)(iii) and (B)(iv),
by inserting ``, containing a career or housing goal, that has been''
before ``approved'' and Section 1613(a)(4) of the Social Security Act
(42 U.S.C. 1382b(a)(4)) is amended by inserting ``, containing a career
or housing goal, that has been'' before ``approved''.
SEC. 307. SELF-SUPPORT PLANS FOR THE AGED.
(a) Income Exclusion.--Section 1612(b)(4) of the Social Security
Act (42 U.S.C. 1382a(b)(4) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting ``; or''
(2) in subparagraph (B)--
(A) by striking ``(and has not'' and all that
follows through ``age 65),'' and inserting ``, or has
attained age 65'';
(B) in clause (ii), by inserting ``in the case of
such a disabled individual (or spouse),'' after
``(ii)''; and
(C) in clause (iv), by striking ``, or'' and
inserting a semicolon; and
(3) by striking subparagraph (C).
(b) Resource Exclusion.--Section 1613(a)(4) of such Act (42 U.S.C.
1382b(a)(4)) is amended by striking ``who is blind or disabled and''.
SEC. 308. ADDITIONAL STATE SUPPLEMENTATION REQUIREMENT.
Section 1616 of the Social Security Act (42 U.S.C. 1382e) is
amended--
(1) in subsection (b)(1), by inserting ``(or, by reason of
section 1619, are considered to be)'' before ``receiving''; and
(2) in subsection (c), by striking paragraph (3).
SEC. 309. TREATMENT OF UNEMPLOYMENT COMPENSATION, WORKER'S
COMPENSATION, AND SICK PAY AS EARNED INCOME FOR SSI
PURPOSES.
Section 1612(a)(1) of the Social Security Act (42 U.S.C.
1382a(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (D); and
(2) by adding at the end the following:
``(F) unemployment compensation benefits and
worker's compensation benefits paid under any Federal
or State law, and benefits paid to an individual as
compensation for sick leave not taken by the
individual; and''.
SEC. 310. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP, OR FELLOWSHIP INCOME
AS EARNED INCOME FOR SSI PURPOSES.
Section 1612(a)(1) of the Social Security Act (42 U.S.C.
1382a(a)(1)), as amended by section 309 of this Act, is amended--
(1) by striking ``and'' at the end of subparagraph (E); and
(2) by adding at the end the following:
``(G) any grant, scholarship, or fellowship
described in section 1612(b)(7) to the extent not
excluded from income pursuant to such section.''.
SEC. 311. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD.
Section 1611(f) of the Social Security Act (42 U.S.C. 1382(f)) is
amended by adding at the end the following: ``The 1st sentence of this
subsection shall not apply to any individual who demonstrates to the
satisfaction of the Secretary that the absence of the individual from
the United States will be temporary and for the purpose of conducting
studies as part of an educational program related to an educational
institution in the United States.''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall take effect on the 1st day of the 1st calendar month
that begins 90 or more days after the date of the enactment of this
Act.
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TABLE OF CONTENTS
Title I: Access to SSI Work Incentives
Title II: Work Incentives Waiver Authority
Title III: Amendments to Work Incentives Provisions
Title IV: Effective Date
Work Incentives Amendments of 1993 -
Title I: Access to SSI Work Incentives
- Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act with respect to access to work incentives under SSI for SSI disability benefits (SSDI)-only recipients who lose eligibility for SSDI benefits because of working.
Title II: Work Incentives Waiver Authority
- Amends titles XIX (Medicaid) and XVI of the Social Security Act with respect to: (1) the eligibility of certain individuals with disabilities for coverage under Medicaid and community-based care waivers; and (2) work incentives waiver authority.
Title III: Amendments to Work Incentives Provisions
- Amends SSI title XVI: (1) to disregard the deemed income of an ineligible spouse when determining continued Medicaid eligibility for certain individuals; (2) to provide for continuation of Medicaid for the aged who lose SSI due to excessive earnings; (3) to deem approved self-support plans not disapproved within 30 days; (4) to require the Secretary of Health and Human Services to establish a time limit by which activities under a plan for achieving self-support must be completed; (5) to provide for the expansion of self-support plans to include housing goals; and (6) with regard to self-support plans for the aged, additional State supplementation requirements, treatment of unemployment compensation, workers' compensation, and sick pay as earned income for SSI purposes, treatment of certain grant, scholarship, or fellowship income as earned income for SSI purposes, and SSI eligibility for students temporarily abroad.
Amends SSA title XIX to provide for the exclusion of income and resources under self-support plans in determining Medicaid eligibility in certain States.
Title IV: Effective Date
- Sets forth the effective date of this Act.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability in Deferred
Prosecution Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``deferred prosecution agreement'' means an
agreement between a Federal prosecutor and an organization to
conditionally defer prosecution of that organization in a
criminal case in which charges are filed;
(2) the term ``nonprosecution agreement'' means an
agreement between a Federal prosecutor and an organization to
conditionally decide not to file criminal charges against the
organization;
(3) the term ``organization'' means a person or entity
other than an individual; and
(4) the term ``independent monitor'' means a person or
entity outside the Department of Justice that is selected to
oversee the implementation of a deferred prosecution agreement
or nonprosecution agreement.
SEC. 3. LEGAL EQUIVALENCE OF NONPROSECUTION AGREEMENT AND DEFERRED
PROSECUTION AGREEMENT.
A nonprosecution agreement shall be subject to all the requirements
this Act and other law imposes on deferred prosecution agreements.
SEC. 4. ADMINISTRATIVE GUIDELINES ON AGREEMENTS.
(a) In General.--In order to promote uniformity and to assist
prosecutors and organizations as they negotiate and implement deferred
prosecution agreements and nonprosecution agreements, the Attorney
General shall, not later than 90 days after the date of the enactment
of this Act, issue public written guidelines for deferred prosecution
agreements and nonprosecution agreements.
(b) Matters Guidelines To Cover.--The guidelines issued under this
section shall provide direction in the following areas:
(1) The circumstances in which an independent monitor is
warranted for the agreement, the duties and authority of such a
monitor, and to whom the monitor owes those duties.
(2) What terms and conditions are appropriate in the
agreement, including when, whether, and the degree to which
Federal prosecutors should seek monetary penalties,
restitution, civil settlements, and post-monitoring conditions.
(3) Whether the agreement should include some or all of the
requirements of section 8B2.1 of the United States Sentencing
Guidelines for compliance and ethics programs.
(4) The process by which the Department of Justice decides
that the organization has successfully satisfied the terms of
the agreement.
(5) The manner and method for determining a breach of the
agreement.
(6) The extent of joint involvement of regulatory agencies
in connection with the agreement and the division of
responsibilities with those agencies.
(7) The period during which the agreement should remain in
effect.
(8) What constitutes the cooperation, if any, required by
the agreement from the organization and its employees with
respect to any ongoing criminal investigations, including the
length of the obligation to cooperate.
(9) When and why it would be appropriate for Federal
prosecutors to enter into a nonprosecution agreement rather
than a deferred prosecution agreement.
SEC. 5. SELECTION AND COMPENSATION OF INDEPENDENT MONITORS OF
AGREEMENTS.
(a) Rules for Selection of Monitors.--The Attorney General shall
establish rules for the selection of independent monitors in connection
with deferred prosecution agreements.
(b) National List of Possible Monitors.--Such rules shall provide
for the creation of a national list of organizations and individuals
who have the expertise and specialized skills necessary to serve as
independent monitors. The Attorney General shall place the list on the
public website of the Department of Justice.
(c) Open Selection Process.--Such rules shall also provide for an
open, public, and competitive process for the selection of such
monitors. The Department of Justice shall, subject to the approval of
the court, appoint the independent monitor from the national list
created under this section.
(d) Compensation.--The Attorney General shall establish a fee
schedule for the compensation of independent monitors and their support
staff, and place that fee schedule on the public website of the
Department of Justice. Before a deferred prosecution agreement that
entails monitoring is entered into, this schedule shall also be
provided to each organization that is to be monitored pursuant to that
agreement.
SEC. 6. RESTRICTIONS RELATING TO AGREEMENTS.
(a) Payments to Unrelated Third Parties.--A deferred prosecution
agreement shall not require an organization to pay money to a third
party, other than a monitor or the monitor's staff, if the payment is
unrelated to the harm caused by the defendant's conduct that is the
basis for the agreement.
(b) Impartiality in Selection of Independent Monitors.--Attorneys
who are or might participate in the prosecution of the case against an
organization to be monitored shall have no role in the selection of the
independent monitor, other than suggesting qualifications for the
monitor.
(c) Treatment of Violations as Conflicts of Interest.--The Attorney
General shall take appropriate steps to treat a violation of this
section as a conflict of interest and to remedy any such conflicts of
interest.
SEC. 7. JUDICIAL OVERSIGHT OF AGREEMENTS.
(a) Court Approval of Agreement.--The Government shall file each
deferred prosecution agreement in an appropriate United States district
court. The court shall approve the agreement if the court determines
the agreement is consistent with the guidelines for such agreements and
is in the interests of justice. The agreement shall take effect on the
approval of the court.
(b) Quarterly Reports.--Each party to the agreement and any
independent monitor required under the agreement shall submit to the
court in which the agreement is filed quarterly reports on the progress
made toward the completion of the agreement, and describing any concern
the filer has about the implementation of the agreement. In the final
quarterly report, the independent monitor shall include a full and
itemized statement of the work done and the compensation earned for
that work.
(c) Court Review.--The court shall, on motion of any party or the
independent monitor if there is one, review the implementation or
termination of the agreement, and take any appropriate action, to
assure that the implementation or termination is consistent with the
interests of justice.
SEC. 8. PUBLIC DISCLOSURE RELATING TO DEFERRED PROSECUTION AGREEMENTS.
(a) Disclosure on Department of Justice Website.--Upon the taking
effect of a deferred prosecution agreement, the Attorney General shall
place the text of the agreement on the public website of the Department
of Justice, together with all the terms and conditions of any agreement
or understanding between an independent monitor appointed pursuant to
that agreement and the organization monitored.
(b) Exceptions Approved by Court.--Subject to the limitation in
subsection (c), the court may, upon petition of any interested party,
approve an exception to the requirements of this section for good cause
shown. Good cause includes that the information proposed to be excepted
from the requirements is proprietary, confidential, or a trade secret.
(c) Minimum Disclosure.--The court may not approve an exception
from the requirements of this section for the fact that the deferred
prosecution agreement has been filed with the court, the name of the
organization to which it pertains, or the identity and financial terms
agreed upon with respect to any independent monitor chosen in
connection with the agreement.
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Accountability in Deferred Prosecution Act of 2008 - Requires the Attorney General to: (1) issue public written guidelines for deferred prosecution agreements and nonprosecution agreements; (2) establish rules for the selection of independent monitors for deferred prosecution agreements; and (3) place the text of deferred prosecution agreements on the public website of the Department of Justice (DOJ). Defines "deferred prosecution agreement" as an agreement between a federal prosecutor and an organization to conditionally defer criminal prosecution of that organization. Defines "nonprosecution agreement" as an agreement between a federal prosecutor and an organization to conditionally decide not to file criminal charges against the organization.
Requires a deferred prosecution agreement to be filed in an appropriate U.S. district court. Requires such court to approve an agreement if it is consistent with the guidelines for such agreements and is in the interests of justice.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Succession Act of
2005''.
SEC. 2. PRESIDENTIAL SUCCESSION.
(a) In General.--Section 19(d) of title 3, United States Code, is
amended--
(1) in paragraph (1), by inserting ``, Secretary of
Homeland Security, Ambassador to the United Nations, Ambassador
to Great Britain, Ambassador to Russia, Ambassador to China,
Ambassador to France'' after ``Secretary of Veterans Affairs'';
(2) in paragraph (2)--
(A) by striking ``acting as'' and inserting
``serving as acting''; and
(B) by striking ``but not'' and all that follows
through the period and inserting ``or until the
disability of the President or Vice President is
removed.'';
(3) in paragraph (3)--
(A) by striking ``be held to constitute'' and
inserting ``not require'';
(B) by striking ``act as President'' and inserting
``serve as acting President''; and
(C) by adding at the end the following: ``Such
individual shall not receive compensation from holding
that office during the period that the individual
serves as acting President or Vice President under this
section, and shall be compensated for that period as
provided under subsection (c).''; and
(4) by adding at the end the following:
``(4) This subsection shall apply only to such officers that are--
``(A) eligible to the office of President under the
Constitution;
``(B) appointed to an office listed under paragraph (1), by
and with the advice and consent of the Senate, prior to the
time the powers and duties of the President devolve to such
officer under paragraph (1); and
``(C) not under impeachment by the House of Representatives
at the time the powers and duties of the office of President
devolve upon them.''.
(b) Conforming Amendments.--Section 19 of such title is amended as
follows:
(1) In subsection (a)--
(A) in paragraph (1), by striking ``act as
President'' and inserting ``serve as acting
President''; and
(B) in paragraph (2), by striking ``acting as
President'' and inserting ``serving as acting
President''.
(2) In subsection (b), by striking ``act as President'' and
inserting ``serve as acting President''.
(3) In subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``acting as President'' and
inserting ``serving as acting President'', and
(ii) by striking ``continue to act'' and
inserting ``continue to serve''; and
(B) in paragraphs (1) and (2), by striking ``shall
act'' each place it appears and inserting ``shall
serve''.
(4) In subsection (e)--
(A) in the first sentence, by striking ``(a), (b),
and (d)'' and inserting ``(a) and (b)''; and
(B) by striking the second sentence.
(5) In subsection (f), by striking ``acts as President''
and inserting ``serves as acting President''.
SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR
INCAPACITY OF NOMINEES.
It is the sense of Congress that--
(1) during a Presidential election year, the nominees of
each political party for the office of President and Vice
President should jointly announce and designate on or before
the final day of the convention (or related event) at which
they are nominated the individuals for whom the electors of
President and Vice President who are pledged to vote for such
nominees should give their votes for such offices in the event
that such nominees are deceased or permanently incapacitated
prior to the date of the meeting of the electors of each State
under section 7 of title 3, United States Code;
(2) in the event a nominee for President is deceased or
permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for Vice President of the same
political party is not deceased or permanently incapacitated),
the electors of President who are pledged to vote for the
nominee should give their votes to the nominee of the same
political party for the office of Vice President, and the
electors of Vice President who are pledged to vote for the
nominee for Vice President should give their votes to the
individual designated for such office by the nominees under
paragraph (1);
(3) in the event a nominee for Vice President is deceased
or permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for President of the same
political party is not deceased or permanently incapacitated),
the electors of Vice President who are pledged to vote for such
nominee should give their votes to the individual designated
for such office by the nominees under paragraph (1);
(4) in the event that both the nominee for President and
the nominee for Vice President of the same political party are
deceased or permanently incapacitated prior to the date
referred to in paragraph (1), the electors of President and
Vice President who are pledged to vote for such nominees should
vote for the individuals designated for each such office by the
nominees under paragraph (1); and
(5) political parties should establish rules and procedures
consistent with the procedures described in the preceding
paragraphs, including procedures to obtain written pledges from
electors to vote in the manner described in such paragraphs.
SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE
SMOOTH TRANSITION OF EXECUTIVE POWER.
(a) Findings.--Congress finds that--
(1) members of the Senate, regardless of political party
affiliation, agree that the American people deserve a
Government that is failsafe and foolproof, and that terrorists
should never have the ability to disrupt the operations of the
Government;
(2) continuity of governmental operations in the wake of a
catastrophic terrorist attack remains a pressing issue of
national importance before the United States Congress;
(3) at a minimum, terrorists should never have the ability,
by launching a terrorist attack, to change the political party
that is in control of the Government, regardless of which party
is in power;
(4) whenever control of the White House shall change from
one political party to another, the outgoing President and the
incoming President should work together, and with the Senate to
the extent determined appropriate by the Senate, to ensure a
smooth transition of executive power, in the interest of the
American people;
(5) under the current presidential succession statute in
section 19 of title 3, United States Code, the members of the
cabinet, defined as the heads of the statutory executive
departments under section 101 of title 5, United States Code,
fall within the line of succession to the presidency;
(6) during previous presidential transition periods, the
incoming President has had to serve with cabinet members from
the prior administration, including subcabinet officials from
the prior administration acting as cabinet members, for at
least some period of time;
(7) the Constitution vests the appointment power of
executive branch officials in the President, by and with the
advice and consent of the Senate, and nothing in this
resolution is intended to alter either the constitutional power
of the President or the constitutional function of the Senate
with regard to the confirmation of presidential nominees;
(8) an incoming President cannot exercise the
constitutional powers of the President, in order to ensure a
smooth transition of Government, until noon on the 20th day of
January, pursuant to the terms of the twentieth amendment to
the Constitution;
(9) cooperation between the incoming and the outgoing
President is therefore the only way to ensure a smooth
transition of Government;
(10) Congress throughout history has acted consistently and
in a bipartisan fashion to encourage measures to ensure the
smooth transition of executive power from one President to
another, such as through the enactment of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277)
and subsequent amendments;
(11) Congress has previously concluded that ``[t]he
national interest requires'' that ``the orderly transfer of the
executive power in connection with the expiration of the term
of office of a President and the inauguration of a new
President . . . be accomplished so as to assure continuity in
the faithful execution of the laws and in the conduct of the
affairs of the Federal Government, both domestic and foreign''
under the Presidential Transition Act of 1963 (3 U.S.C. 102
note; Public Law 88-277);
(12) Congress has further concluded that ``[a]ny disruption
occasioned by the transfer of the executive power could produce
results detrimental to the safety and well-being of the United
States and its people'' under the Presidential Transition Act
of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(13) Congress has previously expressed its intent ``that
appropriate actions be authorized and taken to avoid or
minimize any disruption'' and ``that all officers of the
Government so conduct the affairs of the Government for which
they exercise responsibility and authority as (1) to be mindful
of problems occasioned by transitions in the office of the
President, (2) to take appropriate lawful steps to avoid or
minimize disruptions that might be occasioned by the transfer
of the executive power, and (3) otherwise to promote orderly
transitions in the office of President'' under the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(14) the National Commission on Terrorist Attacks Upon the
United States established under title VI of the Intelligence
Authorization Act for Fiscal Year 2003 (6 U.S.C. 101 note;
Public Law 107-306) expressly recognized the need to ``Improve
the Transitions between Administrations'' in its final report;
(15) the Commission specifically recommended that,
``[s]ince a catastrophic attack could occur with little or no
notice, we should minimize as much as possible the disruption
of national security policymaking during the change of
administrations by accelerating the process for national
security appointments'' and that ``the process could be
improved significantly so transitions can work more effectively
and allow new officials to assume their new responsibilities as
quickly as possible'';
(16) the Commission suggested that ``[a] president-elect
should submit lists of possible candidates for national
security positions to begin obtaining security clearances
immediately after the election, so that their background
investigations can be complete before January 20'', that ``[a]
president-elect should submit the nominations of the entire new
national security team, through the level of under secretary of
cabinet departments, not later than January 20'', that ``[t]he
Senate, in return, should adopt special rules requiring
hearings and votes to confirm or reject national security
nominees within 30 days of their submission'', and that an
outgoing Administration should work cooperatively with an
incoming President to ensure a smooth transition, in the
interest of national security; and
(17) there is no more important national security position
than the office of President, and thus it is essential to
national security that any new administration establish its own
clear and stable line of succession to the presidency as
quickly as possible.
(b) Sense of Congress.--It is the sense of the Senate that during
the period preceding the end of a term of office in which a President
will not be serving a succeeding term--
(1) that President should consider submitting the
nominations of individuals to the Senate who are selected by
the President-elect for offices that fall within the line of
succession;
(2) the Senate should consider conducting confirmation
proceedings and votes on the nominations described under
paragraph (1), to the extent determined appropriate by the
Senate, between January 3 and January 20 before the
Inauguration; and
(3) that President should consider agreeing to sign and
deliver commissions for all approved nominations on January 20
before the Inauguration to ensure continuity of Government.
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Presidential Succession Act of 2005 - Modifies the presidential succession list to include, following the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France.
Revises the provision specifying how long an acting President shall serve to provide that an acting President shall continue to serve as such until the expiration of the then current Presidential term or until the disability of the President or Vice-President is removed.
Expresses the sense of Congress with respect to: (1) votes by electors after the death or incapacity of nominees; and (2) the continuity of government and the transition of executive power.
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billsum_train
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Provide a summary of the following text: -S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.
-T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-E-a-s-t
-S-a-i-n-t -L-o-u-i-s -J-e-f-f-e-r-s-o-n -N-a-t-i-o-n-a-l
-E-x-p-a-n-s-i-o-n -M-e-m-o-r-i-a-l -A-r-c-h-i-t-e-c-t-u-r-a-l
-D-e-s-i-g-n -C-o-m-p-e-t-i-t-i-o-n -A-c-t-'-'-.
-S-E-C-. -2-. -A-R-C-H-I-T-E-C-T-U-R-A-L -D-E-S-I-G-N
-C-O-M-P-E-T-I-T-I-O-N-.
-(-a-) -C-o-m-m-i-s-s-i-o-n-.---
-(-1-) -E-s-t-a-b-l-i-s-h-m-e-n-t-.----T-h-e-r-e -i-s
-e-s-t-a-b-l-i-s-h-e-d -a -c-o-m-m-i-s-s-i-o-n -t-o -b-e
-c-o-m-p-o-s-e-d -o-f -7 -m-e-m-b-e-r-s -a-p-p-o-i-n-t-e-d -b-y
-t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r-, -o-f
-w-h-o-m---
-(-A-) -t-w-o -s-h-a-l-l -b-e -s-e-l-e-c-t-e-d
-f-r-o-m -a-m-o-n-g -p-e-r-s-o-n-s -w-h-o
-r-e-p-r-e-s-e-n-t -t-h-e -S-a-i-n-t -L-o-u-i-s-,
-M-i-s-s-o-u-r-i-, -c-o-m-m-u-n-i-t-y-;
-(-B-) -t-w-o -s-h-a-l-l -b-e -s-e-l-e-c-t-e-d
-f-r-o-m -a-m-o-n-g -p-e-r-s-o-n-s -w-h-o
-r-e-p-r-e-s-e-n-t -t-h-e -E-a-s-t -S-a-i-n-t
-L-o-u-i-s-, -I-l-l-i-n-o-i-s-, -c-o-m-m-u-n-i-t-y-;
-(-C-) -t-w-o -s-h-a-l-l -b-e -s-e-l-e-c-t-e-d
-f-r-o-m -a-m-o-n-g -p-e-r-s-o-n-s -w-h-o
-r-e-p-r-e-s-e-n-t -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f
-t-h-e -I-n-t-e-r-i-o-r-; -a-n-d
-(-D-) -o-n-e -s-h-a-l-l -b-e -s-e-l-e-c-t-e-d
-f-r-o-m -a-m-o-n-g -d-i-s-i-n-t-e-r-e-s-t-e-d
-p-e-r-s-o-n-s -w-h-o -a-r-e -e-x-p-e-r-t-s -i-n -t-h-e
-a-r-e-a -o-f -a-r-c-h-i-t-e-c-t-u-r-a-l -d-e-s-i-g-n-,
-a-n-d -w-h-o -s-h-a-l-l -s-e-r-v-e -a-s -t-h-e
-p-r-o-f-e-s-s-i-o-n-a-l -a-d-v-i-s-o-r -t-o -t-h-e
-C-o-m-m-i-s-s-i-o-n-.
-(-2-) -A-p-p-o-i-n-t-m-e-n-t -o-f -m-e-m-b-e-r-s-.---
-T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -a-p-p-o-i-n-t -t-h-e
-m-e-m-b-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n -n-o-t
-l-a-t-e-r -t-h-a-n -9-0 -d-a-y-s -a-f-t-e-r -t-h-e -d-a-t-e
-o-f -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-.
-(-3-) -T-e-r-m-s-.----M-e-m-b-e-r-s -s-h-a-l-l -b-e
-a-p-p-o-i-n-t-e-d -f-o-r -t-h-e -l-i-f-e -o-f -t-h-e
-c-o-m-m-i-s-s-i-o-n-.
-(-4-) -V-a-c-a-n-c-i-e-s-.----A-n-y -v-a-c-a-n-c-y -i-n
-t-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -n-o-t -a-f-f-e-c-t
-i-t-s -p-o-w-e-r-s-, -b-u-t -s-h-a-l-l -b-e -f-i-l-l-e-d -i-n
-t-h-e -s-a-m-e -m-a-n-n-e-r -a-s -t-h-e -o-r-i-g-i-n-a-l
-a-p-p-o-i-n-t-m-e-n-t-.
-(-5-) -C-h-a-i-r-p-e-r-s-o-n -a-n-d -v-i-c-e
-c-h-a-i-r-p-e-r-s-o-n-.----T-h-e -c-o-m-m-i-s-s-i-o-n
-s-h-a-l-l -s-e-l-e-c-t -a -C-h-a-i-r-p-e-r-s-o-n -a-n-d
-V-i-c-e -C-h-a-i-r-p-e-r-s-o-n -f-r-o-m -a-m-o-n-g -t-h-e
-m-e-m-b-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n-.
-(-6-) -M-e-e-t-i-n-g-s-.---
-(-A-) -I-n-i-t-i-a-l -m-e-e-t-i-n-g-.----T-h-e
-S-e-c-r-e-t-a-r-y -s-h-a-l-l -s-c-h-e-d-u-l-e -a-n-d
-c-a-l-l -t-h-e -f-i-r-s-t -m-e-e-t-i-n-g -n-o-t
-l-a-t-e-r -t-h-a-n -3-0 -d-a-y-s -a-f-t-e-r -t-h-e
-d-a-t-e -o-n -w-h-i-c-h -a-l-l -m-e-m-b-e-r-s -o-f
-t-h-e -c-o-m-m-i-s-s-i-o-n -h-a-v-e -b-e-e-n
-a-p-p-o-i-n-t-e-d-.
-(-B-) -S-u-b-s-e-q-u-e-n-t -m-e-e-t-i-n-g-s-.---
-T-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -m-e-e-t -a-t
-t-h-e -c-a-l-l -o-f -t-h-e -C-h-a-i-r-p-e-r-s-o-n-.
-(-7-) -C-o-m-p-e-n-s-a-t-i-o-n -o-f -m-e-m-b-e-r-s-.---
-M-e-m-b-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l
-s-e-r-v-e -w-i-t-h-o-u-t -c-o-m-p-e-n-s-a-t-i-o-n-,
-e-x-c-e-p-t -t-h-a-t -m-e-m-b-e-r-s -s-h-a-l-l -b-e
-a-l-l-o-w-e-d -t-r-a-v-e-l -e-x-p-e-n-s-e-s-,
-i-n-c-l-u-d-i-n-g -p-e-r -d-i-e-m -i-n -l-i-e-u -o-f
-s-u-b-s-i-s-t-e-n-c-e-, -a-t -r-a-t-e-s -a-u-t-h-o-r-i-z-e-d
-f-o-r -e-m-p-l-o-y-e-e-s -o-f -a-g-e-n-c-i-e-s -u-n-d-e-r
-s-u-b-c-h-a-p-t-e-r -I -o-f -c-h-a-p-t-e-r -5-7 -o-f
-t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -w-h-i-l-e
-a-w-a-y -f-r-o-m -t-h-e-i-r -h-o-m-e-s -o-r -r-e-g-u-l-a-r
-p-l-a-c-e-s -o-f -b-u-s-i-n-e-s-s -i-n -t-h-e
-p-e-r-f-o-r-m-a-n-c-e -o-f -s-e-r-v-i-c-e-s -f-o-r -t-h-e
-c-o-m-m-i-s-s-i-o-n-.
-(-8-) -S-t-a-f-f-.--
-(-A-) -I-n -g-e-n-e-r-a-l-.---T-h-e
-C-h-a-i-r-p-e-r-s-o-n -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n
-m-a-y-, -w-i-t-h-o-u-t -r-e-g-a-r-d -t-o -t-h-e
-c-i-v-i-l -s-e-r-v-i-c-e -l-a-w-s -a-n-d
-r-e-g-u-l-a-t-i-o-n-s-, -a-p-p-o-i-n-t -a-n-d
-t-e-r-m-i-n-a-t-e -a-n -e-x-e-c-u-t-i-v-e
-d-i-r-e-c-t-o-r -a-n-d -s-u-c-h -o-t-h-e-r
-a-d-d-i-t-i-o-n-a-l -p-e-r-s-o-n-n-e-l -a-s -m-a-y
-b-e -n-e-c-e-s-s-a-r-y -t-o -e-n-a-b-l-e -t-h-e
-c-o-m-m-i-s-s-i-o-n -t-o -p-e-r-f-o-r-m -i-t-s
-d-u-t-i-e-s-. -T-h-e -e-m-p-l-o-y-m-e-n-t -o-f -a-n
-e-x-e-c-u-t-i-v-e -d-i-r-e-c-t-o-r -s-h-a-l-l -b-e
-s-u-b-j-e-c-t -t-o -c-o-n-f-i-r-m-a-t-i-o-n -b-y
-t-h-e -c-o-m-m-i-s-s-i-o-n-.
-(-B-) -C-o-m-p-e-n-s-a-t-i-o-n-.---T-h-e
-C-h-a-i-r-p-e-r-s-o-n -m-a-y -f-i-x -t-h-e
-c-o-m-p-e-n-s-a-t-i-o-n -o-f -t-h-e -e-x-e-c-u-t-i-v-e
-d-i-r-e-c-t-o-r -a-n-d -o-t-h-e-r -p-e-r-s-o-n-n-e-l
-w-i-t-h-o-u-t -r-e-g-a-r-d -t-o -t-h-e
-p-r-o-v-i-s-i-o-n-s -o-f -c-h-a-p-t-e-r -5-1 -a-n-d
-s-u-b-c-h-a-p-t-e-r -I-I-I -o-f -c-h-a-p-t-e-r -5-3
-o-f -t-i-t-l-e -5-, -U-n-i-t-e-d -S-t-a-t-e-s
-C-o-d-e-, -r-e-l-a-t-i-n-g -t-o
-c-l-a-s-s-i-f-i-c-a-t-i-o-n -o-f -p-o-s-i-t-i-o-n-s
-a-n-d -G-e-n-e-r-a-l -S-c-h-e-d-u-l-e -p-a-y
-r-a-t-e-s-, -e-x-c-e-p-t -t-h-a-t -t-h-e -r-a-t-e -o-f
-p-a-y -f-o-r -t-h-e -e-x-e-c-u-t-i-v-e
-d-i-r-e-c-t-o-r -a-n-d -o-t-h-e-r -p-e-r-s-o-n-n-e-l
-m-a-y -n-o-t -e-x-c-e-e-d -t-h-e -r-a-t-e
-p-a-y-a-b-l-e -f-o-r -l-e-v-e-l -V -o-f -t-h-e
-E-x-e-c-u-t-i-v-e -S-c-h-e-d-u-l-e -u-n-d-e-r
-s-e-c-t-i-o-n -5-3-1-6 -o-f -s-u-c-h -t-i-t-l-e-.
-(-9-) -D-e-t-a-i-l -o-f -g-o-v-e-r-n-m-e-n-t
-e-m-p-l-o-y-e-e-s-.---A-n-y -F-e-d-e-r-a-l
-G-o-v-e-r-n-m-e-n-t -e-m-p-l-o-y-e-e -m-a-y -b-e
-d-e-t-a-i-l-e-d -t-o -t-h-e -c-o-m-m-i-s-s-i-o-n
-w-i-t-h-o-u-t -r-e-i-m-b-u-r-s-e-m-e-n-t-, -a-n-d -s-u-c-h
-d-e-t-a-i-l -s-h-a-l-l -b-e -w-i-t-h-o-u-t
-i-n-t-e-r-r-u-p-t-i-o-n -o-r -l-o-s-s -o-f -c-i-v-i-l
-s-e-r-v-i-c-e -s-t-a-t-u-s -o-r -p-r-i-v-i-l-e-g-e-.
-(-1-0-) -P-r-o-c-u-r-e-m-e-n-t -o-f -t-e-m-p-o-r-a-r-y
-a-n-d -i-n-t-e-r-m-i-t-t-e-n-t -s-e-r-v-i-c-e-s-.---T-h-e
-C-h-a-i-r-p-e-r-s-o-n -m-a-y -p-r-o-c-u-r-e -t-e-m-p-o-r-a-r-y
-a-n-d -i-n-t-e-r-m-i-t-t-e-n-t -s-e-r-v-i-c-e-s -u-n-d-e-r
-s-e-c-t-i-o-n -3-1-0-9-(-b-) -o-f -t-i-t-l-e -5-, -U-n-i-t-e-d
-S-t-a-t-e-s -C-o-d-e-, -a-t -r-a-t-e-s -f-o-r
-i-n-d-i-v-i-d-u-a-l-s -w-h-i-c-h -d-o -n-o-t -e-x-c-e-e-d
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-l-e-v-e-l -V -o-f -t-h-e -E-x-e-c-u-t-i-v-e -S-c-h-e-d-u-l-e
-u-n-d-e-r -s-e-c-t-i-o-n -5-3-1-6 -o-f -s-u-c-h -t-i-t-l-e-.
-(-1-1-) -P-o-w-e-r-s -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n-.---
-(-A-) -I-n-f-o-r-m-a-t-i-o-n -f-r-o-m
-f-e-d-e-r-a-l -a-g-e-n-c-i-e-s-.---T-h-e
-c-o-m-m-i-s-s-i-o-n -m-a-y -s-e-c-u-r-e
-d-i-r-e-c-t-l-y -f-r-o-m -a-n-y -F-e-d-e-r-a-l
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-o-u-t -t-h-i-s -A-c-t-. -U-p-o-n -r-e-q-u-e-s-t -o-f
-t-h-e -C-h-a-i-r-p-e-r-s-o-n-, -t-h-e -h-e-a-d -o-f
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-i-n-f-o-r-m-a-t-i-o-n -t-o -t-h-e
-c-o-m-m-i-s-s-i-o-n-.
-(-B-) -P-o-s-t-a-l -s-e-r-v-i-c-e-s-.----T-h-e
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-S-t-a-t-e-s -m-a-i-l-s -i-n -t-h-e -s-a-m-e
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-t-h-e -F-e-d-e-r-a-l -G-o-v-e-r-n-m-e-n-t-.
-(-C-) -G-i-f-t-s-.----T-h-e -c-o-m-m-i-s-s-i-o-n
-m-a-y -a-c-c-e-p-t-, -u-s-e-, -a-n-d -d-i-s-p-o-s-e
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-s-e-r-v-i-c-e-s -o-r -p-r-o-p-e-r-t-y-.
-(-b-) -A-r-c-h-i-t-e-c-t-u-r-a-l -C-o-m-p-e-t-i-t-i-o-n-.----T-h-e
-c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -c-o-n-d-u-c-t -a-n
-a-r-c-h-i-t-e-c-t-u-r-a-l -c-o-m-p-e-t-i-t-i-o-n -t-o -s-o-l-i-c-i-t
-d-e-s-i-g-n -p-r-o-p-o-s-a-l-s -f-o-r -a -m-u-s-e-u-m -t-o -b-e
-b-u-i-l-t -o-n -t-h-e -E-a-s-t -S-a-i-n-t -L-o-u-i-s -p-o-r-t-i-o-n
-o-f -t-h-e -J-e-f-f-e-r-s-o-n -N-a-t-i-o-n-a-l -E-x-p-a-n-s-i-o-n
-M-e-m-o-r-i-a-l-. -T-h-e -m-e-m-b-e-r -o-f -t-h-e -C-o-m-m-i-s-s-i-o-n
-a-p-p-o-i-n-t-e-d -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n
-(-a-)-(-1-)-(-D-) -s-h-a-l-l -o-r-g-a-n-i-z-e-, -m-a-n-a-g-e-, -a-n-d
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-w-i-t-h -t-h-e -a-p-p-r-o-v-a-l -o-f -t-h-e -c-o-m-m-i-s-s-i-o-n-.
-(-c-) -S-t-u-d-y-.----T-h-e -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l
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-(-d-) -R-e-p-o-r-t-.----N-o-t -l-a-t-e-r -t-h-a-n -1-8
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-s-h-a-l-l -c-o-n-t-a-i-n -a -d-e-t-a-i-l-e-d -s-t-a-t-e-m-e-n-t -o-f
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-a-n-d -p-o-s-s-i-b-l-e -f-u-n-d-i-n-g -m-e-c-h-a-n-i-s-m-s-.
-S-E-C-. -3-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F
-A-P-P-R-O-P-R-I-A-T-I-O-N-S-.
-T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e
-a-p-p-r-o-p-r-i-a-t-e-d -$-3-0-0-,-0-0-0 -t-o -c-a-r-r-y -o-u-t
-t-h-i-s -A-c-t-.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``East Saint Louis Jefferson National
Expansion Memorial Architectural Design Competition Act of 1994''.
SEC. 2. ARCHITECTURAL COMPETITION.
(a) Cooperative Agreement.--As soon as practicable after the date
of enactment of this Act, the Secretary of the Interior, (hereinafter
referred to as the ``Secretary''), acting through the Director of the
National Park Service, is authorized to enter into a cooperative
agreement with the National Endowment for the Arts to conduct an
architectural competition to solicit design proposals for a museum
commemorating the role of ethnic diversity in the development of the
United States, to be constructed on the East Saint Louis portion of the
Jefferson National Expansion Memorial.
(b) Funding.--The Secretary is authorized to conduct a study to
identify possible funding sources for the development, construction,
and maintenance of the museum.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not to exceed $500,000 to
carry out this Act.
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East Saint Louis Jefferson National Expansion Memorial Architectural Design Competition Act of 1994 - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to enter into a cooperative agreement with the National Endowment for the Arts to conduct an architectural competition to solicit design proposals for a museum to be constructed on the East Saint Louis portion of the Jefferson National Expansion Memorial, commemorating the role of ethnic diversity in the development of the United States. Authorizes the Secretary to identify possible funding sources for the development, construction, and maintenance of the museum.
Authorizes appropriations.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Aging Act of 2002''.
SEC. 2. FINDINGS; STATEMENT OF PURPOSE.
(a) Findings.--The Congress finds that--
(1) although, on average, \1/4\ of all patients seen in
primary care settings have a mental illness, primary care
practitioners identify such illness in only about half of these
cases;
(2) four mental disorders are among the 10 leading causes
of disability in the United States;
(3) among the elderly, 10 percent have dementia and as many
as one quarter have significant clinical depression;
(4) access to mental health services by the elderly is
compromised by health benefits coverage limits, gaps in the
mental health services delivery system, and shortages of
geriatric mental health practitioners;
(5) the integration of medical and mental health treatment
provides an effective means of coordinating care, improving
mental health outcomes, and saving health care dollars; and
(6) the treatment of mental illness in elderly patients,
particularly those with other chronic diseases, can improve
health outcomes and the quality of life for these patients.
(b) Statement of Purpose.--In order to address the emerging crisis
in the identification and treatment of mental illness among the
elderly, it is the purpose of this Act to--
(1) promote models of care that integrate mental health
services and medical care within primary care settings; and
(2) improve access by geriatric patients to mental health
services in community-based settings.
TITLE I--ENHANCING ACCESS TO MENTAL HEALTH SERVICES FOR THE ELDERLY
SEC. 101. SERVICES IMPLEMENTATION PROJECTS TO SUPPORT INTEGRATION OF
MENTAL HEALTH SERVICES IN PRIMARY CARE SETTINGS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended--
(1) in section 520(b)--
(A) in paragraph (14), by striking ``and'' at the
end;
(B) in paragraph (15), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following paragraph:
``(16) conduct the demonstration projects specified in
section 520K.''; and
(2) by adding at the end the following section:
``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL HEALTH
SERVICES IN PRIMARY CARE SETTINGS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall make grants to public and
private nonprofit entities for evidence-based projects to demonstrate
ways of integrating mental health services for geriatric patients into
primary care settings, such as health centers receiving a grant under
section 330 (or determined by the Secretary to meet the requirements
for receiving such a grant), other Federally qualified health centers,
primary care clinics, and private practice sites.
``(b) Requirements.--In order to qualify for a grant under this
section, a project shall--
``(1) provide for collaborative care within a primary care
setting, including screening services by a mental health
professional with at least a masters degree in an appropriate
field of training, supported by psychiatrists with appropriate
training and experience in the treatment of geriatric patients;
``(2) make available to such patients referrals for
necessary follow-up care, consultations, and care planning
oversight; and
``(3) adopt and implement evidence-based protocols, to the
extent available, for prevalent mental health disorders,
including depression, anxiety, behavioral and psychological symptoms of
dementia, psychosis, and misuse of, or dependence on, alcohol or
medication.
``(c) Considerations in Awarding Grants.--To the extent feasible,
the Secretary shall assure that--
``(1) grants under this section are awarded to projects in
a variety of geographic areas, including urban and rural areas;
and
``(2) that the needs of ethnically diverse at-risk
populations are addressed.
``(d) Duration.--A project may receive funding pursuant to a grant
under this section for a period of up to 3 years, with an extension
period of two additional years at the discretion of the Secretary.
``(e) Application.--In order to receive a grant under this section,
a public or private nonprofit entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, at such time as the Secretary may
specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Evaluation.--Not later than 6 months after the close of a
calendar year, the Secretary shall submit to the Congress a report
evaluating the projects receiving awards under this section for such
year.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2003 and each fiscal year thereafter such
sums as may be necessary to carry out this section.''.
SEC. 102. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT OUTREACH
TEAMS.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 101 of this Act, is further amended by adding at the
end the following section:
``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT
OUTREACH TEAMS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall make grants to public or
private nonprofit entities that are community-based providers of
geriatric mental health services, to support the establishment and
maintenance by such entities of multi-disciplinary geriatric mental
health outreach teams in community settings where elderly persons
reside or receive social services. Entities eligible for such grants
include (but are not limited to)--
``(1) mental health service providers of a State or local
government;
``(2) outpatient programs of private, nonprofit hospitals;
and
``(3) community mental health centers meeting the criteria
specified in section 1913(c).
``(b) Requirements.--In order to qualify for a grant under this
section, an entity shall--
``(1) adopt and implement, for use by its mental health
outreach team, evidence-based intervention and treatment
protocols (to the extent such protocols are available) for
mental disorders prevalent in geriatric patients, relying to
the greatest extent feasible on protocols that have been
developed--
``(A) by or under the auspices of the Secretary; or
``(B) by geriatric mental health programs based at
academic medical centers;
``(2) provide screening for mental disorders, diagnostic
services, referrals for treatment, and case management and
coordination through such teams; and
``(3) coordinate and integrate the services provided by
such team with the services of social service and medical
providers at the site or sites where the team is based in order
to--
``(A) improve patient outcomes; and
``(B) to assure, to the maximum extent feasible,
the continuing independence of geriatric patients who
are residing in the community.
``(c) Cooperative Arrangements With Sites Serving as Bases for
Outreach Teams.--An entity receiving a grant under this section may
enter into an agreement with a person operating a site at which a
geriatric mental health outreach team of the entity is based, including
(but not limited to)--
``(1) senior centers,
``(2) adult day care programs,
``(3) assisted living facilities, and
``(4) recipients of grants to provide services to senior
citizens under the Older Americans Act, under which such person
provides (and is reimbursed by the entity, out of funds
received under the grant, for) any supportive services, such as
transportation and administrative support, that such person
provides to an outreach team of such entity.
``(d) Considerations in Awarding Grants.--To the extent feasible,
the Secretary shall assure that--
``(1) grants under this section are awarded to projects in
a variety of geographic areas, including urban and rural areas;
and
``(2) that the needs of ethnically diverse at-risk
populations are addressed.
``(e) Application.--In order to receive a grant under this section,
an entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, at such time as the Secretary may
specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Evaluation.--Not later than 6 months after the close of a
calendar year, the Secretary shall submit to the Congress a report
evaluating the programs receiving a grant under this section for such
year.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2003 and each fiscal year thereafter such
sums as may be necessary to carry out this section.''.
TITLE II--ADMINISTRATIVE CHANGES TO STRENGTHEN PROGRAMS FOR GERIATRIC
MENTAL HEALTH SERVICES
SEC. 201. DESIGNATION OF DEPUTY DIRECTOR FOR GERIATRIC MENTAL HEALTH
SERVICES IN CENTER FOR MENTAL HEALTH SERVICES.
Section 520 of the Public Health Service Act (42 U.S.C. 290bb-31)
is amended by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Deputy Director for Geriatric Mental Health Services.--The
Director, after consultation with the Administrator, shall designate a
Deputy Director for Geriatric Mental Health Services, who shall be
responsible for the development and implementation of initiatives of
the Center to address the mental health needs of older adults. Such
initiatives shall include (but are not limited to)--
``(1) research on prevention and identification of mental
disorders in the geriatric population;
``(2) innovative demonstration projects for the delivery of
community-based mental health services for older Americans;
``(3) support for the development and dissemination of
evidence-based practice models, including models to address
dependence on, and misuse of, alcohol and medication in
geriatric patients; and
``(4) development of model training programs for mental
health professionals and care givers serving geriatric
patients.''.
SEC. 202. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR MENTAL
HEALTH SERVICES.
Section 502(b)(3) of the Public Health service Act (42 U.S.C.
269aa-1(b)(3)) is amended by adding at the end the following:
``(C) In the case of the advisory council for the
Center for Mental Health Services, the members
appointed pursuant to subparagraphs (A) and (B) shall
include representatives of older Americans, their
families, and geriatric mental health specialists,
including at least one physician with board
certification in geriatric psychiatry.''.
SEC. 203. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING SUBSTANCE ABUSE
IN GERIATRIC PATIENTS.
Section 509(b)(2) of the Public Health Service Act (42 U.S.C.
290bb-2(b)(2)) is amended by inserting before the period the following:
``, and to providing treatment for geriatric patients with alcohol or
substance abuse or addiction, including medication misuse or
dependence''.
SEC. 204. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL HEALTH
SERVICES BLOCK GRANTS.
(a) In General.--Section 1912(b) of the Public Health Service Act
(42 U.S.C. 300x-2(b)) is amended by inserting after paragraph (5) the
following:
``(6) Goals and initiatives for improving access to
services for geriatric patients.--The plan--
``(A) specifies goals for improving access by older
Americans to community-based mental health services;
``(B) includes a plan identifying and addressing
the unmet needs of such individuals for mental health
services; and
``(C) includes an inventory of the services,
personnel, and treatment sites available to improve the
delivery of mental health services to such
individuals.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to State plans submitted under section 1912 of the Public Health
Service Act on or after the date that is 180 days after the date of the
enactment of this Act.
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Positive Aging Act of 2002 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Center for Mental Health Services, to make grants for evidence-based demonstration projects to integrate mental health services for geriatric patients into primary care settings. Requires the inclusion of collaborative care, screening services, referrals, and protocols for prevalent mental health disorders, such as depression, anxiety, dementia, and substance abuse.Requires the Director to make grants to community-based providers of geriatric mental health services for multi-disciplinary health outreach teams. Authorizes cooperative agreements with senior centers, adult day care programs, assisted living facilities, and other places providing services to senior citizens under the Older Americans Act.Requires the Director to designate a Deputy Director for Geriatric Mental Health Services to develop and implement research programs, demonstration projects, models, and model training programs.Revises the membership of the Advisory Council for the Center for Mental Health Services to include representatives of older Americans, their families, and geriatric mental health specialists.Revises the criteria for State plans under Community Mental Health Services Block Grants to include goals and initiatives for improving access to services for geriatric patients.
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Make a brief summary of the following text: SECTION 1. FINDINGS.
The Congress finds the following:
(1) The United Nations Convention against Torture or Other
Cruel, Inhuman or Degrading Treatment or Punishment (in this
section referred to as the ``Convention against Torture'' )
defines torture as ``any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or a third
person information or a confession. . . .'', and that it may be
``inflicted by or at the instigation of or acquiescence of a
public official or other person acting in an official
capacity.''.
(2) The Universal Declaration of Human Rights states that
``No one shall be subjected to torture or to cruel, inhuman, or
degrading treatment or punishment.''.
(3) The prohibition on torture and other ill-treatment has
been incorporated into the numerous international and regional
human rights treaties, including--
(A) Article 7 of the International Covenant on
Civil and Political Rights (ICCPR), ratified by 153
countries, including the United States in 1992;
(B) the Convention against Torture, ratified by 136
countries, including the United States in 1994;
(C) the European Convention for the Protection of
Human Rights and Fundamental Freedoms;
(D) the African Charter on Human and Peoples'
Rights; and
(E) the American Convention on Human Rights.
(4) The prohibition against torture is also fundamental to
the laws governing the conduct of parties in armed conflicts,
which establish a duty to protect the life, health, and safety
of civilians and other noncombatants, including soldiers who
are captured or who have laid down their arms, including the
Geneva Conventions which prohibit ``violence of life and
person, in particular murder of all kinds, mutilation, cruel
treatment, and torture'', ``outrages upon personal dignity, in
particular humiliating, and degrading treatment'', and the use
of force to obtain information, stipulating that ``No physical
or moral coercion shall be exercised against protected persons,
in particular to obtain information from them or from third
parties.''.
(5) The United States Government informed the United
Nations in 1999 that in the United States, the use of torture
``is categorically denounced as a matter of policy and as a
tool of state authority . . . No official of the government,
Federal, State, or local, civilian, or military, is authorized
to commit or to instruct anyone else to commit torture. Nor may
any official condone or tolerate torture in any form . . .
Every act of torture within the meaning of the [Convention
against Torture] is illegal under existing Federal and State
law, and any individual who commits such an act is subject to
penal sanctions as specified in criminal statutes.''.
(6) The practice of torture violates numerous provisions of
the United States Constitution and its Bill of Rights,
including the right under the Fourth Amendment to be free of
unreasonable search or seizure, which encompasses the right to
not be abused by the police, the right under the Fifth
Amendment against self-incrimination, which encompasses the
right to remain silent during interrogations, the guarantees of
due process under the Fifth and the Fourteenth Amendments,
which ensure fundamental fairness in criminal justice system,
and the right under the Eighth Amendment to be free of cruel or
unusual punishment.
(7) In numerous cases, the United States Supreme Court has
condemned the use of force amounting to torture or other forms
of ill treatment during interrogations, including such
practices as whipping, slapping, depriving a prisoner of food,
water, or sleep, keeping a prisoner naked or in a small cell
for prolonged periods, holding a gun to a prisoner's head, or
threatening a prisoner with mob violence.
(8) Article 4 of the Convention against Torture obligates
State parties to ensure that all acts of torture are criminal
offenses under domestic legislation, and the United States has
insisted that existing Federal and State laws render illegal
any act falling within the definition of torture under the
Convention against Torture.
(9) Article 3 of the Convention against Torture expressly
prohibits sending a person to another State ``where there are
substantial grounds for believing that he would be in danger of
being subjected to torture.''.
(10) Section 2242(a) of the Foreign Affairs Reform and
Restructuring Act of 1998, as contained in Public Law 105-277
(8 U.S.C. 1231 note) states that ``It shall be the policy of
the United States not to expel, extradite, or otherwise effect
the involuntary return of any person to a country in which
there are substantial grounds for believing the person would be
in danger of being subjected to torture, regardless of whether
the person is physically present in the United States.''.
(11) Transferring, rendering, returning, or extraditing
persons in the custody of the United States to any other
country where torture or cruel, inhuman, or degrading treatment
is commonly used by the government in interrogation and
detention is inconsistent with international human rights law,
the Constitutional protections against torture or inhuman
treatment, and the values and principles upon which the United
States was founded.
SEC. 2. TRANSFER OF PERSONS IN CUSTODY.
(a) Reports to Congress.--Beginning 6 months after the date of the
enactment of this Act and every 6 months thereafter, the Secretary of
State shall submit to the appropriate congressional committees a list
of each country where torture or cruel, inhuman, or degrading treatment
is commonly used by the government of that country in interrogation and
detention.
(b) Prohibition on Transferring Persons.--No person in the custody
of a United States Government department, agency, or official may be
transferred, rendered, or returned to the custody of the government of
a country included on the most recent list submitted under subsection
(a) for the purpose of detention, interrogation, or trial.
(c) Waivers.--
(1) Authority.--The Secretary of State may waive the
prohibition contained in subsection (b) with respect to the
government of a country if the Secretary certifies to the
appropriate congressional committees that--
(A) that government has made significant,
verifiable progress in eliminating the acts of torture
or cruel, inhuman, or degrading treatment that were the
basis for the inclusion of that country on the list; or
(B) there is in place a mechanism that assures the
United States in a verifiable manner that a person
transferred, rendered, or returned will not be tortured
or subjected to cruel, inhuman, or degrading treatment
in that country, including, at a minimum, immediate,
unfettered, and continuing access, from the point of
return, to each such person by an independent
humanitarian organization.
(2) Assurances insufficient.--Written or verbal assurances
made to the United States by the government of a country that
persons in its custody will not be tortured or subjected to
cruel, inhuman, or degrading treatment, are not sufficient to
meet the requirements of paragraph (1)(B).
(d) Treaty-Based Extradition Exemption.--The prohibition contained
in subsection (b) shall not be construed to apply to the legal
extradition of a person under a bilateral or multilateral extradition
treaty if, prior to such extradition, that person has recourse to a
court in the United States of competent jurisdiction to challenge the
extradition on the basis that there are substantial grounds for
believing that the person would be in danger of being subjected to
torture or cruel, inhuman, or degrading treatment in the country
requesting such extradition.
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Directs the Secretary of State to submit to the appropriate congressional committees, every six months, a list of each country where torture or degrading treatment is commonly used in interrogation and detention. Prohibits, with specified waiver authority, the transfer of a person in U.S. custody to such a country.
States that such prohibition shall not be construed to apply to the legal extradition of a person under a bilateral or multilateral extradition treaty if, prior to extradition, that person has recourse to a U.S. court to challenge the extradition on the basis that there are substantial grounds for believing that the person would be in danger of being subjected to torture or degrading treatment in the requesting country.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Information Act of 2008''.
SEC. 2. OFFICE OF INSURANCE INFORMATION.
(a) Duties of Secretary.--Section 321(a) of title 31, United States
Code, is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8)(C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) advise the President and the Congress on domestic and
international policy issues in connection with all lines of
insurance except health insurance.''.
(b) Establishment of Office.--Subchapter I of chapter 3 of title
31, United States Code, is amended--
(1) by transferring and inserting section 312 after section
313;
(2) by redesignating sections 313 and 312 (as so
transferred) as sections 312 and 314, respectively; and
(3) by inserting after section 312 (as so redesignated) the
following new section:
``SEC. 313. OFFICE OF INSURANCE INFORMATION.
``(a) Establishment.--There is established within the Department of
the Treasury the Office of Insurance Information (in this section
referred to as the `Office').
``(b) Leadership.--The Office shall be headed by a Deputy Assistant
Secretary, who shall be appointed by the Secretary of the Treasury. The
position of such Deputy Assistant Secretary shall be a career reserved
position in the Senior Executive Service.
``(c) Functions.--The Deputy Assistant Secretary who is the head of
the Office shall have the authority--
``(1) pursuant to the direction of the Secretary--
``(A) to receive, analyze, collect, and disseminate
publicly available data and information and issue
reports regarding all lines of insurance except health
insurance; and
``(B) to establish Federal policy on international
insurance matters and ensure that State insurance laws
are consistent with agreements relating to such Federal
policy entered into by the United States or on its
behalf by a designated representative (including the
Secretary of the Treasury and the United States Trade
Representative) with a foreign government or regulatory
entity; and
``(2) to advise the Secretary on major domestic and
international insurance policy issues, including matters that
affect consumers and insurers, such as bond insurance and other
financial guarantee insurance, private mortgage insurance,
catastrophe insurance, and reinsurance collateral requirements.
``(d) Scope.--The authority of the Office and the Deputy Assistant
Secretary with respect to insurance shall extend to all lines of
insurance except health insurance.
``(e) Preemption of State Law.--
``(1) Standard.--Any law or regulation of any State is
preempted to the extent that such law or regulation is
inconsistent with Federal policy on international insurance
matters set forth in an agreement entered into by the United
States or on its behalf by a designated representative
(including the Secretary of the Treasury and the United States
Trade Representative) with a foreign government or regulatory
entity.
``(2) Determination.--Pursuant to the direction of the
Secretary, the Deputy Assistant Secretary is authorized to
determine whether inconsistencies referred to in paragraph (1)
exist and, in the case of any such determination, shall notify
the appropriate State of such determination.
``(3) Administrative review.--The State shall have the
right to appeal any determination of inconsistency pursuant to
paragraph (2) to the Secretary.
``(4) Limitation.--No State may enforce any insurance law
or regulation that has been preempted pursuant to this
subsection.
``(f) Reports to Congress.--The Deputy Assistant Secretary who is
the head of the Office shall submit a report during each Congress to
the Committee on Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate on
the financial state of the insurance industry, meaningful trends in the
industry, any actions taken by the Office pursuant to subsection (e)
(regarding preemption of inconsistent State laws), and any other
information as deemed relevant by the Deputy Assistant Secretary or as
requested by such Committees.
``(g) Use of Existing Resources.--The Office may employ personnel,
facilities, and other Department of the Treasury resources available to
the Secretary on the date of enactment of the Insurance Information Act
of 2008 in carrying out this section, except as otherwise prohibited by
law.
``(h) Retention of Existing Regulatory Authority.--Except to the
extent necessary to satisfy the requirements, obligations, and powers
granted under this section and the Insurance Information Act of 2008,
nothing in this section may be construed to establish any general
supervisory or regulatory authority of the Office or the Department of
the Treasury over any insurer.
``(i) Advisory Group.--
``(1) Establishment.--There is hereby established the
Advisory Group to the Office of Insurance Information.
``(2) Membership.--The Advisory Group shall consist of no
more than 9 members who shall be appointed by the Secretary,
and shall include representatives of the National Association
of Insurance Commissioners, the Department of Commerce, and the
Office of the United States Trade Representative, and such
representatives of the insurance industry, consumer groups, and
other organizations as the Secretary determines are
appropriate.
``(3) Duties.--The Advisory Group shall make
recommendations to the Secretary and the Deputy Assistant
Secretary who is the head of the Office regarding the function
of the Office under subsection (c)(1)(B) and determinations
pursuant to subsection (e)(2).
``(j) Authorization of Appropriations.--There are authorized to be
appropriated for the Office such sums as may be necessary for each
fiscal year.''.
(c) Independence in Congressional Testimony and Recommendations.--
Section 111 of Public Law 93-495 (12 U.S.C. 250) is amended by
inserting ``the Deputy Assistant Secretary of the Treasury who is the
head of the Office of Insurance Information of the Department of the
Treasury,'' after ``Office of Thrift Supervision,''.
(d) Clerical Amendment.--The table of sections for subchapter I of
chapter 3 of title 31, United States Code, is amended by striking the
item relating to section 312 and inserting the following new items:
``Sec. 312. Terrorism and Financial Intelligence.
``Sec. 313. Office of Insurance Information.
``Sec. 314. Continuing in office.''.
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Insurance Information Act of 2008 - Directs the Secretary of the Treasury to advise the President and Congress on domestic and international policy issues regarding all lines of insurance except health insurance.
Establishes within the Department of the Treasury the Office of Insurance Information, headed by a Deputy Assistant Secretary, to: (1) collect, analyze, and disseminate information and issue reports regarding all lines of insurance except health insurance; (2) establish federal policy on international insurance matters and ensure that state insurance laws are consistent with agreements between the United States and a foreign government or regulatory entity; and (3) advise the Secretary on major domestic and international insurance policy issues.
Extends the authority of the Office to all lines of insurance except health insurance.
Preempts inconsistent state law.
Requires the head of the Office to report to specified congressional committees on the financial state and meaningful trends of the insurance industry.
Establishes the Advisory Group to the Office of Insurance Information.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Museum and Library Services
Technical and Conforming Amendments of 1997''.
SEC. 2. APPOINTMENT OF EMPLOYEES.
Section 206 of the Museum and Library Services Act (20 U.S.C. 9105
et seq.) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Appointment and Compensation of Technical and Professional
Employees.--
``(1) In general.--Subject to paragraph (2), the Director may
appoint without regard to the provisions of title 5, United States
Code, governing the appointment in the competitive service and may
compensate without regard to the provisions of chapter 51 or
subchapter III of chapter 53 of such title (relating to the
classification and General Schedule pay rates), such technical and
professional employees as the Director determines to be necessary
to carry out the duties of the Institute.
``(2) Number and compensation.--The number of employees
appointed and compensated under paragraph (1) shall not exceed \1/
5\ of the number of full-time regular or professional employees of
the Institute. The rate of basic compensation for the employees
appointed and compensated under paragraph (1) may not exceed the
rate prescribed for level GS-15 of the General Schedule under
section 5332 of title 5.''.
SEC. 3. SPECIAL LIBRARIES.
Section 213(2)(E) of the Museum and Library Services Act (20 U.S.C.
9122(2)(E)) is amended--
(1) by inserting ``or other special library'' after ``a private
library''; and
(2) by inserting ``or special'' after ``such private''.
SEC. 4. RESERVATIONS.
Section 221(a)(1) of the Museum and Library Services Act (20 U.S.C.
9131(a)(1)) is amended--
(1) in subparagraph (A), by striking ``1\1/2\ percent'' and
inserting ``1.75 percent''; and
(2) in subparagraph (B), by striking ``4 percent'' and
inserting ``3.75 percent''.
SEC. 5. MAINTENANCE OF EFFORT.
The second sentence of section 223(c)(1)(A)(i) of the Museum and
Library Services Act (20 U.S.C. 9133(c)(1)(A)(i)) is amended to read as
follows: ``The amount of the reduction in the allotment for any fiscal
year shall be equal to the allotment multiplied by a fraction--
``(I) the numerator of which is the result obtained
by subtracting the level of such State expenditures for
the fiscal year for which the determination is made,
from the average of the total level of such State
expenditures for the 3 fiscal years preceding the
fiscal year for which the determination is made; and
``(II) the denominator of which is the average of
the total level of such State expenditures for the 3
fiscal years preceding the fiscal year for which the
determination is made.''.
SEC. 6. SERVICE TO INDIAN TRIBES.
Section 261 of the Museum and Library Services Act (20 U.S.C. 9161)
is amended--
(1) in the section heading, by striking ``INDIAN TRIBES'' and
inserting ``NATIVE AMERICANS''; and
(2) by striking ``to organizations'' and all that follows
through ``such organizations'' and inserting ``to Indian tribes and
to organizations that primarily serve and represent Native
Hawaiians (as the term is defined in section 9212 of the Native
Hawaiian Education Act (20 U.S.C. 7912) to enable such tribes and
organizations''.
SEC. 7. NATIONAL LEADERSHIP GRANTS OR CONTRACTS.
Section 262 of the Museum and Library Services Act (20 U.S.C. 9162)
is amended--
(1) in the section heading, by striking ``NATIONAL LEADERSHIP
GRANTS OR CONTRACTS'' and inserting ``NATIONAL LEADERSHIP GRANTS,
CONTRACTS, OR COOPERATIVE AGREEMENTS'';
(2) in subsection (a)--
(A) by striking ``program awarding national leadership
grants or contracts'' and inserting ``program of awarding
grants or entering into contracts or cooperative agreements'';
and
(B) by striking ``Such grants or contracts'' and inserting
``Such grants, contracts, and cooperative agreements'';
(3) in subsection (b)--
(A) in the section heading, by striking ``(b) Grants or
Contracts'' and inserting ``(b) Grants, Contracts, or
Cooperative Agreements''; and
(B) in paragraph (1), by inserting ``or cooperative
agreements,'' after ``contracts''; and
(C) in paragraph (2), by striking ``Grants and contracts''
and inserting ``Grants, contracts, and cooperative
agreements''.
SEC. 8. CORRECTION OF TYPOGRAPHICAL ERROR.
Section 262(a)(3) of the Museum and Library Services Act (20 U.S.C.
9162(a)(3)) is amended by striking ``preservation of digitization'' and
inserting ``preserving or digitization''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Museum and Library Services Technical and Conforming Amendments of 1997 - Amends the Museum and Library Services Act to authorize the Director of the Institute of Museum and Library Services to appoint and compensate technical and professional Institute employees without regard to Federal civil service law, provided that the number of such employees does not exceed one-fifth of the number of the Institute's full-time regular or professional employees and their compensation does not exceed a specified level.
Covers special libraries under the Act, if the States in which they are located determine they should be considered libraries.
Revises provisions, including the formula for reservation of funds, for: (1) grants for services to Indian tribes; and (2) national leadership grants or contracts.
Revises the formula for maintenance of effort by States.
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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 ``Guam World War II
Loyalty Recognition Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 3. Payments for Guam World War II claims.
Sec. 4. Adjudication.
Sec. 5. Grants program to memorialize the occupation of Guam during
World War II.
Sec. 6. Authorization of appropriations.
SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World
War II, by being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam for
their steadfast loyalty to the United States of America, as
demonstrated by the countless acts of courage they performed despite
the threat of death or great bodily harm they faced at the hands of the
Imperial Japanese military forces that occupied Guam during World War
II.
SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--Subject to section 6(a), after receipt of
certification pursuant to section 4(b)(8) and in accordance with the
provisions of this Act, the Secretary of the Treasury shall make
payments as follows:
(1) Residents injured.--The Secretary shall pay compensable
Guam victims who are not deceased before any payments are made
to individuals described in paragraphs (2) and (3) as follows:
(A) If the victim has suffered an injury described
in subsection (c)(2)(A), $15,000.
(B) If the victim is not described in subparagraph
(A) but has suffered an injury described in subsection
(c)(2)(B), $12,000.
(C) If the victim is not described in subparagraph
(A) or (B) but has suffered an injury described in
subsection (c)(2)(C), $10,000.
(2) Survivors of residents who died in war.--In the case of
a compensable Guam decedent, the Secretary shall pay $25,000
for distribution to eligible survivors of the decedent as
specified in subsection (b). The Secretary shall make payments
under this paragraph after payments are made under paragraph
(1) and before payments are made under paragraph (3).
(3) Survivors of deceased injured residents.--In the case
of a compensable Guam victim who is deceased, the Secretary
shall pay $7,000 for distribution to eligible survivors of the
victim as specified in subsection (b). The Secretary shall make
payments under this paragraph after payments are made under
paragraphs (1) and (2).
(b) Distribution of Survivor Payments.--Payments under paragraph
(2) or (3) of subsection (a) to eligible survivors of an individual who
is a compensable Guam decedent or a compensable Guam victim who is
deceased shall be made as follows:
(1) If there is living a spouse of the individual, but no
child of the individual, all of the payment shall be made to
such spouse.
(2) If there is living a spouse of the individual and one
or more children of the individual, one-half of the payment
shall be made to the spouse and the other half to the child (or
to the children in equal shares).
(3) If there is no living spouse of the individual, but
there are one or more children of the individual alive, all of
the payment shall be made to such child (or to such children in
equal shares).
(4) If there is no living spouse or child of the individual
but there is a living parent (or parents) of the individual,
all of the payment shall be made to the parents (or to the
parents in equal shares).
(5) If there is no such living spouse, child, or parent, no
payment shall be made.
(c) Definitions.--For purposes of this Act:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 4(a)(1)
to have been a resident of Guam who died or was killed as a
result of the attack and occupation of Guam by Imperial
Japanese military forces during World War II, or incident to
the liberation of Guam by United States military forces, and
whose death would have been compensable under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224) if a timely
claim had been filed under the terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual determined under section 4(a)(1)
to have suffered, as a result of the attack and occupation of
Guam by Imperial Japanese military forces during World War II,
or incident to the liberation of Guam by United States military
forces, any of the following:
(A) Rape or severe personal injury (such as loss of
a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or
burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--The Foreign Claims Settlement Commission shall
promulgate regulations to specify injuries that constitute a
severe personal injury or a personal injury for purposes of
subparagraphs (A) and (B), respectively, of paragraph (2).
SEC. 4. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
is authorized to adjudicate claims and determine eligibility
for payments under section 3.
(2) Rules and regulations.--The chairman of the Foreign
Claims Settlement Commission shall prescribe such rules and
regulations as may be necessary to enable it to carry out its
functions under this Act. Such rules and regulations shall be
published in the Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 3 unless the individual submits to the
Commission a claim in such manner and form and containing such
information as the Commission specifies.
(2) Filing period for claims and notice.--All claims for a
payment under section 3 shall be filed within one year after
the Foreign Claims Settlement Commission publishes public
notice of the filing period in the Federal Register. The
Foreign Claims Settlement Commission shall provide for the
notice required under the previous sentence not later than 180
days after the date of the enactment of this Act. In addition,
the Commission shall cause to be publicized the public notice
of the deadline for filing claims in newspaper, radio, and
television media on Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim shall be by majority
vote, shall be in writing, and shall state the reasons for the
approval or denial of the claim. If approved, the decision
shall also state the amount of the payment awarded and the
distribution, if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from potential payments, amounts
previously paid under the Guam Meritorious Claims Act of 1945
(Public Law 79-224).
(5) Interest.--No interest shall be paid on payments
awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on account of
representational services rendered on behalf of any claimant in
connection with any claim filed with the Foreign Claims
Settlement Commission under this Act shall exceed one percent
of the total amount paid pursuant to any payment certified
under the provisions of this Act on account of such claim. Any
agreement to the contrary shall be unlawful and void. Whoever
demands or receives, on account of services so rendered, any
remuneration in excess of the maximum permitted by this section
shall be fined not more than $5,000 or imprisoned not more than
12 months, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall be
to the Commission, and upon rehearing, the decision in each
claim shall be final, and not subject to further review by any
court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the chairman of the Foreign Claims
Settlement Commission shall certify it to the Secretary of the
Treasury for authorization of a payment under section 3.
(9) Treatment of affidavits.--For purposes of section 3 and
subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the material
facts required for establishing eligibility of such individual
for payment under such section as establishing a prima facie
case of the individual's eligibility for such payment without
the need for further documentation, except as the Commission
may otherwise require. Such material facts shall include, with
respect to a claim under paragraph (2) or (3) of section 3(a),
a detailed description of the injury or other circumstance
supporting the claim involved, including the level of payment
sought.
(10) Release of related claims.--Acceptance of payment
under section 3 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall be
in full satisfaction of all claims related to such decedent or
victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant thereto, or this Act.
(11) Penalty for false claims.--The provisions of section
1001 of title 18 of the United States Code (relating to
criminal penalties for false statements) apply to claims
submitted under this subsection.
SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to section 6(b) and in accordance with
this section, the Secretary of the Interior shall establish a grants
program under which the Secretary shall award grants for research,
educational, and media activities that memorialize the events
surrounding the occupation of Guam during World War II, honor the
loyalty of the people of Guam during such occupation, or both, for
purposes of appropriately illuminating and interpreting the causes and
circumstances of such occupation and other similar occupations during a
war.
(b) Eligibility.--The Secretary of the Interior may not award to a
person a grant under subsection (a) unless such person submits an
application to the Secretary for such grant, in such time, manner, and
form and containing such information as the Secretary specifies.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For
purposes of carrying out sections 3 and 4, there are authorized to be
appropriated $126,000,000, to remain available for obligation until
September 30, 2013, to the Foreign Claims Settlement Commission. Not
more than 5 percent of funds made available under this subsection shall
be used for administrative costs.
(b) Guam World War II Grants Program.--For purposes of carrying out
section 5, there are authorized to be appropriated $5,000,000, to
remain available for obligation until September 30, 2013.
Passed the House of Representatives February 23, 2009.
Attest:
LORRAINE C. MILLER,
Clerk.
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Guam World War II Loyalty Recognition Act - (Sec. 2) Recognizes the suffering and the loyalty of the people of Guam during the Japanese occupation of Guam in World War II.
(Sec. 3) Directs the Secretary of the Treasury to make specified payments to: (1) living Guam residents who were raped, injured, interned, or subjected to forced labor or marches resulting from, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war and survivors of compensable injured residents (such payments to be made after payments have been made to surviving Guam residents).
Defines "compensable Guam decedent" as a Guam resident who died or was killed as a result of the attack and occupation of Guam by Japanese military forces during World War II, or incident to Guam's liberation by U.S. military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 if a timely claim had been filed.
Defines "compensable Guam victim" as an individual who, as a result of the attack and occupation of Guam by Japanese military forces during World War II or incident to the liberation of Guam by U.S. military forces, suffered any of the following: (1) rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis); (2) forced labor or personal injury (such as disfigurement, scarring, or burns); or (3) forced march, internment, or hiding to evade internment.
(Sec. 4) Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury. Authorizes the Commission to adjudicate claims and determine payment eligibility.
Requires: (1) claims to be filed within one year after the Commission publishes public notice of the filing period in the Federal Register; and (2) the Commission to make filing period information available to the public through the media in Guam.
Subjects false claims to criminal penalties.
(Sec. 5) Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the World War II occupation of Guam or honor the loyalty of the people of Guam during the occupation, or both.
(Sec. 6) Authorizes appropriations, which shall remain available for obligation until September 30, 2013, for: (1) Guam World War II claims payments and adjudication; and (2) the Guam World War II memorial grant program.
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