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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Prices Reduced with Increased
Competition and Efficient Development of Drugs Act'' or the ``Lower
PRICED Drugs Act''.
SEC. 2. GENERIC DRUG USE CERTIFICATION.
(a) In General.--Section 505(j)(2)(A) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended--
(1) in clause (vii), by striking ``; and'' and inserting a
semicolon;
(2) in clause (viii), by striking the period and inserting
``; and'';
(3) by inserting after clause (viii) the following:
``(ix) if with respect to a listed drug product referred to
in clause (i) that contains an antibiotic drug and the
antibiotic drug was the subject of any application for
marketing received by the Secretary under section 507 (as in
effect before the date of enactment of the Food and Drug
Administration Modernization Act of 1997) before November 20,
1997, the approved labeling includes a method of use which, in
the opinion of the applicant, is claimed by any patent, a
statement that--
``(I) identifies the relevant patent and the
approved use covered by the patent; and
``(II) the applicant is not seeking approval of
such use under this subsection.''; and
(4) in the last sentence, by striking ``clauses (i) through
(viii)'' and inserting ``clauses (i) through (ix)''.
(b) Effective Date.--The amendments made by this section shall
apply to any abbreviated new drug application under section 505(j) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that is
submitted on, before, or after the date of enactment of this Act.
SEC. 3. PREVENTING ABUSE OF THE THIRTY-MONTH STAY-OF-EFFECTIVENESS
PERIOD.
(a) In General.--Section 505(j)(5)(B)(iii) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iii)) is amended--
(1) in the second sentence by striking ``may order'' and
inserting ``shall order''; and
(2) by adding at the end the following: ``In determining
whether to shorten the thirty-month period under this clause,
the court shall consider the totality of the circumstances,
including whether the plaintiff sought to extend the discovery
schedule, delayed producing discovery, or otherwise acted in a
dilatory manner, and the public interest.''.
(b) Effective Date.--The amendments made by this section shall
apply to any stay of effectiveness period under section
505(j)(5)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(B)(iii)) pending or filed on or after the date of
enactment of this Act.
SEC. 4. ENSURING PROPER USE OF PEDIATRIC EXCLUSIVITY.
(a) Drug Product.--Section 505A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355a) is amended by striking ``drug'' each
place it appears and inserting ``drug product''.
(b) Market Exclusivity for New Drugs.--Section 505A(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(b)) is amended--
(1) in the matter preceding paragraph (1), by--
(A) striking ``health'' and inserting
``therapeutically meaningful'';
(B) striking ``and'' after ``(which shall include a
timeframe for completing such studies),''; and
(C) inserting ``, and based on the results of such
studies the Secretary approves labeling for the new
drug product that provides specific, therapeutically
meaningful information about the use of the drug
product in pediatric patients'' after ``in accordance
with subsection (d)(3)'';
(2) in paragraph (1)(A)--
(A) in clause (i), by--
(i) striking ``the period'' and inserting
``any period''; and
(ii) inserting ``that is applicable to the
drug product at the time of initial approval''
after ``in subsection (j)(5)(F)(ii) of such
section''; and
(B) in clause (ii), by--
(i) striking ``the period'' and inserting
``any period''; and
(ii) inserting ``that is applicable to the
drug product at the time of initial approval''
after ``of subsection (j)(5)(F) of such
section''; and
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``a listed
patent'' and inserting ``a patent that was
either listed when the pediatric study was
submitted to the Food and Drug Administration
or listed as a result of the approval by the
Food and Drug Administration of new pediatric
labeling that is claimed by the patent, and'';
and
(ii) in clause (ii) by striking ``a listed
patent'' and inserting ``a patent that was
either listed when the pediatric study was
submitted to the Food and Drug Administration
or listed as a result of the approval by the
Food and Drug Administration of new pediatric
labeling that is claimed by the patent, and'';
and
(B) in subparagraph (B), by striking ``a listed
patent'' and inserting ``a patent that was either
listed when the pediatric study was submitted to the
Food and Drug Administration or listed as a result of
the approval by the Food and Drug Administration of new
pediatric labeling that is claimed by the patent,
and''.
(c) Market Exclusivity for Already-Marketed Drugs.--Section 505A(c)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(c)) is
amended--
(1) in the matter preceding paragraph (1), by--
(A) striking ``health'' and inserting
``therapeutically meaningful'';
(B) striking ``and'' after ``the studies are
completed within any such timeframe,''; and
(C) inserting ``, and based on the results of such
studies the Secretary approves labeling for the
approved drug product that provides specific,
therapeutically meaningful information about the use of
the drug product in pediatric patients'' after ``in
accordance with subsection (d)(3)'';
(2) in paragraph (1)(A)--
(A) in clause (i)--
(i) by striking ``the period'' and
inserting ``any period''; and
(ii) by inserting ``that is applicable to
the drug product at the time of initial
approval'' after ``in subsection (j)(5)(F)(ii)
of such section''; and
(B) in clause (ii)--
(i) by striking ``the period'' and
inserting ``any period''; and
(ii) by inserting ``that is applicable to
the drug product at the time of initial
approval'' after ``of subsection (j)(5)(F) of
such section''; and
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``a listed
patent'' and inserting ``a patent that was
either listed when the pediatric study was
submitted to the Food and Drug Administration
or listed as a result of the approval by the
Food and Drug Administration of new pediatric
labeling that is claimed by the patent, and'';
and
(ii) in clause (ii), by striking ``a listed
patent'' and inserting ``a patent that was
either listed when the pediatric study was
submitted to the Food and Drug Administration
or listed as a result of the approval by the
Food and Drug Administration of new pediatric
labeling that is claimed by the patent, and'';
and
(B) in subparagraph (B), by striking ``a listed
patent'' and by inserting ``a patent that was either
listed when the pediatric study was submitted to the
Food and Drug Administration or listed as a result of
the approval by the Food and Drug Administration of new
pediatric labeling that is claimed by the patent,
and''.
(d) Three-Month Exclusivity.--Section 505A of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355a) is amended by--
(1) by striking ``six months'' each place it appears and
inserting ``three months'';
(2) by striking ``six-month'' each place it appears and
inserting ``three-month'';
(3) by striking ``6-month'' each place it appears and
inserting ``three-month'';
(4) in subsection (b)(1)(A)(i), by striking ``four and one-
half years, fifty-four months, and eight years, respectively''
and inserting ``four years and three months, fifty-one months,
and seven years and nine months, respectively''; and
(5) in subsection (c)(1)(A)(i), by striking ``four and one-
half years, fifty-four months, and eight years, respectively''
and inserting ``four years and three months, fifty-one months,
and seven years and nine months, respectively''.
(e) Definition.--Section 505A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355a) is amended by adding at the end the
following:
``(o) Drug Product.--
``(1) In general.--For purposes of this section, the term
`drug product' has the same meaning given such term in section
314.3(b) of title 21, Code of Federal Regulations (or any
successor regulation).
``(2) Separate drug products.--For purposes of this
section, each dosage form of a drug product shall constitute a
different drug product.''.
(f) Technical Corrections.--Section 505A of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355a) is amended--
(1) by striking ``subsection (c)(3)(D)'' each place it
appears and inserting ``subsection (c)(3)(E)''; and
(2) in subsection (n), by striking ``under subsection (a)
or (c)'' and inserting ``under subsection (b) or (c)''.
(g) Effective Date.--The amendments made by this section shall
apply to requests by the Secretary of Health and Human Services for
pediatric studies under section 505A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355a) after the date of enactment of this Act.
SEC. 5. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION.
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) is amended by adding at the end the following:
``(o) Citizens Petitions and Petitions for Stay of Agency Action.--
With respect to any petition that seeks to have the Secretary take, or
refrain from taking, any form of action relating to the approval of an
application submitted under subsection (b)(2) or (j), the following
shall apply:
``(1) No delay of approval.--The Secretary shall not delay
approval of an application submitted under subsection (b)(2) or
(j) while a petition is reviewed and considered. Consideration
of a petition shall be separate and apart from the review and
approval of an application submitted under either such
subsection.
``(2) Timing of final agency action.--The Secretary shall
take final agency action with respect to a petition within six
months of receipt of that petition. The Secretary shall not
extend such six-month review period, even with consent of the
petitioner, for any reason, including based upon the submission
of comments relating to a petition or supplemental information
supplied by the petitioner. If the Secretary has not taken
final agency action on a petition by the date that is six
months after the date of receipt of the petition, such petition
shall be deemed to have been denied on such date.
``(3) Verification.--The Secretary shall not accept for
review a petition unless it is signed and contains the
following verification: `I certify that, to my best knowledge
and belief: (a) this petition includes all information and
views upon which the petition relies; (b) this petition
includes representative data and/or information known to the
petitioner which are unfavorable to the petition; and (c) I
have taken reasonable steps to ensure that any representative
data and/or information which are unfavorable to the petition
were disclosed to me. I further certify that the information
upon which I have based the action requested herein first
became known to the party on whose behalf this petition is
filed on or about __________. I verify under penalty of perjury
that the foregoing is true and correct.', with the date of the
filing of such petition inserted in the blank space.
``(4) Extension of period.--The thirty-month period
referred to in subsection (j)(5)(D)(i)(IV) shall automatically
be extended by the amount of time that lapses from the date
that the Secretary receives a petition and the date of final
agency action on that petition, without regard to whether the
Secretary grants, in whole or in part, or denies, in whole or
in part, that petition.''.
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Lower Prices Reduced with Increased Competition and Efficient Development of Drugs Act or the Lower PRICED Drugs Act - Amends the Federal Food, Drug, and Cosmetic Act to require an abbreviated application for a new drug containing certain antibiotics, the approved labeling for which includes a method of use that is claimed by a patent, to include a statement: (1) that identifies the relevant patent and the approved use covered by the patent; and (2) that the applicant is not seeking approval of such use.
Requires the court to consider the totality of circumstances and the public interest in deciding whether to shorten the 30-month period that delays the approval of an abbreviated drug application when a patent infringement case is filed against the applicant.
Limits market exclusivity provided for conducting pediatric studies of new drugs to only those new drugs for which the Secretary of Health and Human Services approves labeling that contains specific, therapeutically meaningful information about the use of the drug product in pediatric patients.
Prohibits the Secretary from delaying the approval of a new drug application while a petition is reviewed and considered. Requires the Secretary to take final agency action on a petition within six months of receipt, with no extensions allowed. Extends the 30-month period that the Secretary has to approve or disapprove an abbreviated application for a new drug by the amount of time that lapses from the date the Secretary receives a petition and the date of the final agency action on the petition, without regard to whether the Secretary grants or denies the petition.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer's Defense Act''.
SEC. 2. MANDATORY CONGRESSIONAL REVIEW.
Chapter 8 of title 5, United States Code, is amended by inserting
after section 808 the following:
``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES
``Sec. 815. Rules Subject to Mandatory Congressional Review
``A rule that establishes or increases a tax, however denominated,
shall not take effect before the date of the enactment of a bill
described in section 816 and is not subject to review under subchapter
I. This section does not apply to a rule promulgated under the Internal
Revenue Code of 1986. For purposes of this section, the term `tax'
means a non-penal, mandatory payment of money or its equivalent to the
extent such payment does not compensate the Federal Government or other
payee for a specific benefit conferred directly on the payer.
``Sec. 816. Agency Submission
``Whenever an agency promulgates a rule subject to section 815, the
agency shall submit to each House of Congress a report containing the
text of only the part of the rule that causes the rule to be subject to
section 815 and an explanation of it. An agency shall submit such a
report separately for each such rule it promulgates. The explanation
shall consist of the concise general statement of the rule's basis and
purpose required by section 553 and such explanatory documents as are
mandated by other statutory requirements.
``Sec. 817. Approval Bill
``(a) Introduction and Referral.--
``(1) Introduction.--Not later than 3 legislative days
after the date on which an agency submits a report under
section 816, the Majority Leader of each House of Congress
shall introduce (by request) a bill the matter after the
enacting clause of which is as follows: ``The following agency
rule may take effect:''. The text submitted under section 816
shall be set forth after the colon. If such a bill is not
introduced in a House of Congress as provided in the first
sentence of this subsection, any Member of that House may
introduce such a bill not later than 7 legislative days after
the period for introduction by the Majority Leader.
``(2) Referral.--A bill introduced under paragraph (1)
shall be referred to the Committees in each House of Congress
with jurisdiction over the subject matter of the rule involved.
``(b) Procedure.--
``(1) Consideration in the house of representatives.--
``(A) Committee or member action.--Any committee of
the House of Representatives to which a bill is
referred shall report it without amendment, and with or
without recommendation, not later than the 30th
calendar day of session after the date of its
introduction. If any committee fails to report the bill
within that period, it is in order to move that the
House discharge the committee from further
consideration of the bill. A motion to discharge may be
made only by a Member favoring the bill (but only at a
time designated by the Speaker on the legislative day
after the calendar day on which the Member offering the
motion announces to the House his intention to do so
and the form of the motion). The motion is highly
privileged. Debate thereon shall be limited to not more
than one hour, the time to be divided in the House
equally between the proponent and an opponent. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. A
motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order.
``(B) House action.--After a bill is reported or a
committee has been discharged from further
consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the
State of the Union for consideration of the bill. If
reported and the report has been available for at least
one calendar day, all points of order against the bill
and against consideration of the bill are waived. If
discharged, all points of order against the bill and
against consideration of the bill are waived. The
motion is highly privileged. A motion to reconsider the
vote by which the motion is agreed to or disagreed to
shall not be in order. During consideration of the bill
in the Committee of the Whole, the first reading of the
bill shall be dispensed with. General debate shall
proceed, shall be confined to the bill, and shall not
exceed one hour equally divided and controlled by a
proponent and an opponent of the bill. After general
debate, the bill shall be considered as read for
amendment under the five-minute rule. At the conclusion
of the consideration of the bill, the Committee shall
rise and report the bill to the House without
intervening motion. The previous question shall be
considered as ordered on the bill to final passage
without intervening motion. A motion to reconsider the
vote on passage of the bill shall not be in order.
``(C) Appeals.--Appeals from decisions of the Chair
regarding application of the rules of the House of
Representatives to the procedure relating to a bill
shall be decided without debate.
``(2) Consideration in the senate.--
``(A) Referral and reporting.--Any bill introduced
in the Senate shall be referred to the appropriate
committee or committees. A committee to which a bill
has been referred shall report the bill without
amendment not later than the 30th day of session
following the date of introduction of that bill. If any
committee fails to report the bill within that period,
that committee shall be automatically discharged from
further consideration of the bill and the bill shall be
placed on the Calendar.
``(B) Bill from house.--When the Senate receives
from the House of Representatives a bill, such bill
shall not be referred to committee and shall be placed
on the Calendar.
``(C) Motion nondebatable.--A motion to proceed to
consideration of a bill under this subsection shall not
be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was
adopted or rejected, although subsequent motions to
proceed may be made under this paragraph.
``(D) Limit on consideration.--
``(i) Vote.--After no more than 10 hours of
consideration of a bill, the Senate shall
proceed, without intervening action or debate
(except as permitted under subparagraph (F)),
to vote on the final disposition thereof to the
exclusion of all motions, except a motion to
reconsider or to table.
``(ii) Motion to extend.--A single motion
to extend the time for consideration under
clause (i) for no more than an additional 5
hours is in order before the expiration of such
time and shall be decided without debate.
``(iii) Time for debate.--The time for
debate on the disapproval bill shall be equally
divided between the Majority Leader and the
Minority Leader or their designees.
``(E) No motion to recommit.--A motion to recommit
a bill shall not be in order.
``(F) Disposition of senate bill.--If the Senate
has read for the third time a bill that originated in
the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a
bill for the same special message received from the
House of Representatives and placed on the Calendar
pursuant to subparagraph (B), strike all after the
enacting clause, substitute the text of the Senate
bill, agree to the Senate amendment, and vote on final
disposition of the House bill, all without any
intervening action or debate.
``(G) Consideration of house message.--
Consideration in the Senate of all motions, amendments,
or appeals necessary to dispose of a message from the
House of Representatives on a bill shall be limited to
not more than 4 hours. Debate on each motion or
amendment shall be limited to 30 minutes. Debate on any
appeal or point of order that is submitted in
connection with the disposition of the House message
shall be limited to 20 minutes. Any time for debate
shall be equally divided and controlled by the
proponent and the majority manager, unless the majority
manager is a proponent of the motion, amendment,
appeal, or point of order, in which case the minority
manager shall be in control of the time in
opposition.''.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Heading.--Chapter 8 of title 5, United States Code, is amended
by inserting before section 801 the following:
``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.
(b) Reference.--Section 804 of title 5, United States Code, is
amended by striking ``this chapter'' and inserting ``this subchapter''.
(c) Table of Sections.--The table of sections for chapter 8 of
title 5, United States Code, is amended by inserting before the
reference to section 801 the following:
``subchapter i--discretionary congressional review''
and by inserting after the reference to section 808 the following:
``subchapter ii--mandatory review of certain rules
``815. Rules subject to mandatory Congressional review.
``816. Agency submission.
``817. Approval bill.''.
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Requires an agency promulgating such a rule to submit to each House of Congress a report containing the text of the part of the rule that establishes or increases a tax, and an explanation of the rule.
Outlines procedures for House and Senate consideration of the bill authorizing the rule to take effect.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as ``Women, Children, and Infant Tsunami
Victim Relief Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 150,000 people were killed as a result of the
December 26, 2004, tsunami in Southeast Asia and more than
5,000,000 have been directly affected.
(2) Approximately 150,000 women in the three most affected
countries in the region are pregnant, and many are facing
complications related to their pregnancies, including trauma-
induced miscarriage and the need for urgent medical and
nutritional support.
(3) The Indonesian Midwife's Association estimates that 30
percent of its 5,500 members died in the tsunami. Under normal
conditions, approximately 15 percent of pregnancies in
Indonesia require urgent assistance from midwives or doctors to
ensure the health and survival of the babies and mothers.
(4) In disaster situations, health care systems crumble
when they are most needed, especially by pregnant women.
Emergency relief tends to focus on providing food and shelter,
clearing roads, and maintaining security, to the exclusion of
helping women in labor find a safe, clean place to deliver
their babies, or on meeting the special nutrition and care
needs of such women.
(5) Maternity hospitals, women's health clinics, and other
infrastructure for providing health services to women,
including infrastructure related to providing maternal health
assistance, ensuring safe delivery of babies, providing
contraceptives and emergency obstetric care, and preventing
sexually transmitted diseases, have been destroyed by the
tsunami. In Sri Lanka, four of eight maternity clinics on the
east coast were destroyed and the other four were greatly
damaged. The Galle Teaching Hospital in Galle, Sri Lanka,
relocated its 379 patients to another facility on higher
ground. Although the hospital lost only one infant in the
transition, the new facility has only 70 beds compared with the
415 beds the hospital had.
(6) Even before the tsunami, one woman died every minute
somewhere in the world from complications related to pregnancy.
Too often during disaster situations safe blood supplies,
equipment for anesthesia, transfusions and caesarean sections,
and trained personnel to save those women's lives are
unavailable. In disaster situations, the death toll rises
steadily until such supplies and personnel can be located and
brought in to the affected area.
(7) Violence against women, including rape, gang rape,
molestation and physical abuse during rescue operations and in
temporary shelters has been reported.
(8) The Women and Media Collective Group in Sri Lanka has
issued a written appeal for public attention to ``serious
issues concerning the safety and well-being of women which have
not been addressed so far in relief efforts''.
(9) The United Nations Population Fund (UNFPA) has
extensive experience and existing programs dedicated to
delivering maternal and child health care, ensuring safe
delivery of babies, ensuring adequate reproductive health,
providing contraceptive supplies and services, and providing
other critically needed types of assistance in Indonesia, the
Maldives, and Sri Lanka.
(10) The UNFPA has extensive experience and the requisite
capacity to address the needs and alleviate the suffering of
victims of natural and man-made disasters.
(11) In 2001, the Bush Administration provided $600,000 in
additional humanitarian relief support to the UNFPA to address
the immediate need for emergency reproductive health needs of
Afghan women refugees who were fleeing Afghanistan. This
support was used to improve maternal and child health services,
including providing hygiene kits, safe delivery kits, and cribs
for newborns.
(12) The UNFPA has a long and proven track record in
responding quickly and effectively in providing the necessary
supplies and technical support to address reproductive health
needs in humanitarian crises including in Sudan, Eritrea,
Kosovo, and Sierra Leone.
(13) The UNFPA has made an urgent appeal to donor countries
to raise $28,000,000 to provide relief to women in Indonesia,
the Maldives, and Sri Lanka.
SEC. 3. ASSISTANCE TO TSUNAMI VICTIMS.
(a) Authorization of Assistance.--Pursuant to the authorization of
appropriations under subsection (b), the Secretary of State shall make
available funding to the United Nations Population Fund (UNFPA) to
provide assistance to tsunami victims in Indonesia, the Maldives, and
Sri Lanka. Funding provided to the UNFPA shall be used to--
(1) provide and distribute equipment, including safe
delivery kits and hygiene kits, medicines, and supplies,
including soap and sanitary napkins, to ensure safe childbirth
and emergency obstetric care and to prevent the transmission of
HIV/AIDS;
(2) reestablish maternal health services in areas where
medical infrastructure and such services have been destroyed by
the tsunami;
(3) prevent and treat cases of violence against women and
youth;
(4) offer psychological support and counseling to women and
youth; and
(5) promote the access of unaccompanied women and other
vulnerable people to vital services, including access to water,
sanitation facilities, food, and health care.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State $3,000,000 to provide the
assistance described in subsection (a).
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Women, Children, and Infant Tsunami Victim Relief Act of 2005 - Directs the Secretary of State to make funding available to the United Nations Population Fund (UNFPA) for tsunami victims in Indonesia, the Maldives, and Sri Lanka.
States that such assistance shall be used to: (1) ensure safe childbirth and emergency obstetric care and to prevent HIV/AIDS transmission; (2) reestablish maternal health services; (3) prevent and treat cases of violence against women and youth; (4) offer psychological support and counseling to women and youth; and (5) promote access of unaccompanied women and other vulnerable people to vital services.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``D'Oench Duhme Reform Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) in D'Oench Duhme & Co. v. Federal Deposit Insurance
Corporation, 315 U.S. 447 (1942), the Supreme Court determined
that secret side agreements that were not recorded in the
records of an insured depository institution should not be
enforceable against Federal banking agencies when those
agencies acquired assets following the failure of the
institution;
(2) the Supreme Court based its holding (hereafter in this
section referred to as the ``D'Oench doctrine'') on its power
to develop Federal common law;
(3) in 1950, the Congress supplemented the D'Oench doctrine
by amending section 13(e) of the Federal Deposit Insurance Act
to invalidate agreements relating to assets acquired by Federal
banking agencies that were not recorded in official depository
institution records;
(4) Federal and State courts have expanded the scope of the
D'Oench doctrine and section 13(e) of the Federal Deposit
Insurance Act by interpreting them to bar tort claims based on
oral representations, claims that do not relate to assets
acquired by Federal banking agencies, and numerous other claims
and defenses beyond the original scope and intent of those two
lines of authority;
(5) the Federal banking agencies' aggressive use of the
D'Oench doctrine and section 13(e) of the Federal Deposit
Insurance Act in the administrative claims process and
litigation, combined with the expansive interpretation of those
authorities by the Supreme Court, have led to fundamentally
unfair results; and
(6) many individuals have been barred from asserting
potentially valid claims and defenses once an insured
depository institution has been declared insolvent and taken
over by a Federal banking agency.
(b) Purposes.--The purposes of this Act are--
(1) to unify the lines of authority developed under the
Federal common law and referred to in subsection (a) and
section 13(e) of the Federal Deposit Insurance Act, so that all
cases relating to agreements against the interest of the
Federal Deposit Insurance Corporation are decided pursuant to
Federal statutory law; and
(2) to return the D'Oench doctrine to its original purpose
by continuing to bar the enforcement of unrecorded agreements,
but allowing certain potentially valid intentional tort and
other claims and defenses to be adjudicated on their merits.
SEC. 3. CLARIFICATION.
Section 13(e) of the Federal Deposit Insurance Act (12 U.S.C.
1823(e)) is amended to read as follows:
``(e) Agreements Against Interests of the Corporation.--
``(1) In general.--No agreement which tends to diminish or
defeat the interest of the Corporation in any asset acquired by
the Corporation under this section or under section 11, by
purchase or assumption, or in its capacity as receiver of any
insured depository institution, shall be enforceable against
the Corporation unless that agreement is in writing and was
executed in the ordinary course of business by an insured
depository institution through an officer or other employee or
representative of the institution having the authority to
execute such an agreement on behalf of the institution.
``(2) Claims against the corporation.--Notwithstanding
paragraph (1), no court may bar, estop, or otherwise prohibit
the adjudication against the Corporation, in its corporate
capacity and as receiver of an insured depository institution,
of--
``(A) a claim or defense that does not relate to
specific assets acquired by the Corporation;
``(B) a claim or defense that does relate to
transactions that would not, in the normal course of
business, be reflected in the transaction records of
the institution;
``(C) a claim or defense in litigation commenced
before the date of the appointment of the Corporation
as receiver or conservator for the insured depository
institution;
``(D) a claim or defense, filed at any time, based
on alleged intentional torts or alleged violation of
State or Federal law, if--
``(i) the party asserting the claim or
defense demonstrates that the party did not--
``(I) participate in a scheme to
defraud the subject insured depository
institution; or
``(II) knowingly lend itself to a
scheme to mislead bank examiners by
misrepresenting the value of the assets
of the institution; and
``(ii) any oral representations relied upon
are not in conflict with a written agreement
contained in the records of the institution.
``(3) Status as holder in due course.--Except as otherwise
provided in paragraph (1), any other provision of Federal
statutory law, or applicable State law, the Corporation may not
defeat a claim related to an asset by demonstrating that the
asset was acquired in good faith, for value, and without actual
knowledge of the claim, unless the Corporation also
demonstrates that the asset was not acquired by the Corporation
upon its appointment as conservator or receiver or as part of a
purchase and assumption transaction.
``(4) Exception for vendor agreements.--Subsection (e)(1)
does not apply to an agreement for the sale or purchase of
goods or services actually received by or delivered to an
insured depository institution before the date of appointment
of a receiver for that institution.''.
SEC. 4. REPEAL.
Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C.
1821(d)) is amended--
(1) by striking paragraph (9); and
(2) by redesignating paragraphs (10) through (19) as
paragraphs (9) through (18), respectively.
SEC. 5. CONFORMING AMENDMENTS.
Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is
amended--
(1) in subsection (e)--
(A) in paragraph (8)(A), by striking ``subsection
(d)(9) of this section and'';
(B) in paragraph (8)(B), by striking ``(12)'' and
inserting ``(11)''; and
(C) in paragraph (8)(E), by striking ``subsection
(d)(9) of this section,''; and
(2) in subsection (g)(4), by striking ``(d)(11)'' and
inserting ``(d)(10)''.
SEC. 6. APPLICABILITY.
Section 13(e) of the Federal Deposit Insurance Act, as amended by
this Act, shall apply to administrative claims brought or pending, and
any litigation filed, in progress, or on appeal, on or after October
19, 1993.
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D'Oench Duhme Reform Act - Amends the Federal Deposit Insurance Corporation Act to revise its D'Oench Duhme provisions which render unenforceable against the Federal Deposit Insurance Corporation (FDIC) in its capacity as receiver of an insured depository institution any secret side agreements not recorded in the institution's records. Declares that an agreement against the interests of the FDIC in its capacity as receiver is not enforceable against it unless the agreement is in writing and was executed by the insured depository institution in the ordinary course of business.
Declares that no court may prohibit the adjudication of specified types of claims and defenses against the FDIC in its capacity as receiver of an insured depository institution, including certain intentional tort claims and other claims that do not relate to specific assets acquired by the FDIC.
Declares that, except as otherwise provided by Federal or State law, the FDIC may not defeat a claim related to an asset by demonstrating that it acquired the asset as a holder in due course without actual knowledge of the claim, unless it also demonstrates that the asset was not acquired upon its appointment as conservator or receiver or as part of a purchase and assumption transaction. Excepts from this provision vendor agreements for the sale or purchase of goods or services delivered to an insured depository institution before the appointment of a receiver for such institution.
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Create a summary of the following text: SECTION 1. RURAL EDUCATION.
Part J of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8271 et seq.) is amended to read as follows:
``PART J--RURAL EDUCATION INITIATIVE
``SEC. 10951. SHORT TITLE.
``This part may be cited as the `Rural Education Initiative Act of
2001'.
``SEC. 10952. FINDINGS.
``Congress finds the following:
``(1) The National Center for Educational Statistics
reports that 46 percent of our Nation's public schools serve
rural areas.
``(2) While there are rural education initiatives
identified at the State and local level, no Federal education
policy focuses on the specific and unique needs of rural school
districts and schools.
``(3) Small school districts often cannot use Federal grant
funds distributed by formula because the formula allocation
does not provide enough revenue to carry out the program the
grant is intended to fund.
``(4) Rural schools often cannot compete for Federal
funding distributed by competitive grants because the schools
lack the personnel needed to prepare grant applications and the
resources to hire specialists in the writing of Federal grant
proposals.
``(5) A critical problem for rural school districts
involves the hiring and retention of qualified administrators
and certified teachers (especially in reading, science, and
mathematics). As a result, teachers in rural schools are almost
twice as likely to provide instruction in three or more subject
areas than teachers in urban schools. Rural schools also face
other tough challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
``Subpart 1--Small and Rural School Program
``SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED.
``(a) Alternative Uses.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible local educational agency may use the
applicable funding, that the agency is eligible to receive from
the State educational agency for a fiscal year, to support
local or statewide education reform efforts intended to improve
the academic achievement of elementary school and secondary
school students and the quality of instruction provided for the
students.
``(2) Notification.--An eligible local educational agency
shall notify the State educational agency of the local
educational agency's intention to use the applicable funding in
accordance with paragraph (1) not later than a date that is
established by the State educational agency for the
notification.
``(b) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is less than 600; and
``(ii) all of the schools served by the local
educational agency are located in a community with a
Rural-Urban Continuum Code of 6, 7, 8, or 9, as
determined by the Secretary of Agriculture; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
or not to waive the criteria described in paragraph (1)(A)(ii)
based on certification provided by the local educational
agency, or the State educational agency on behalf of the local
educational agency, that the local educational agency is
located in an area defined as rural by a governmental agency of
the State.
``(c) Applicable Funding.--In this section, the term `applicable
funding' means funds provided under each of titles II, IV, and VI,
parts A and C of title VII, and part I of title X.
``(d) Disbursal.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the applicable
funding to local educational agencies for alternative uses under this
section for the fiscal year at the same time that the State educational
agency disburses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such alternative
uses for the fiscal year.
``(e) Supplement Not Supplant.--Funds used under this section shall
be used to supplement and not supplant any other Federal, State, or
local education funds that would otherwise be available for the purpose
of this subpart.
``(f) Special Rule.--References in Federal law to funds for the
provisions of law set forth in subsection (c) may be considered to be
references to funds for this section.
``SEC. 10962. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible local educational agencies to enable the local educational
agencies to support local or statewide education reform efforts
intended to improve the academic achievement of elementary school and
secondary school students and the quality of instruction provided for
the students.
``(b) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to receive a grant under this section if--
``(A)(i) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is less than 600; and
``(ii) all of the schools served by the local
educational agency are located in a community with a
Rural-Urban Continuum Code of 6, 7, 8, or 9, as
determined by the Secretary of Agriculture; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
or not to waive the criteria described in paragraph (1)(A)(ii)
based on certification provided by the local educational
agency, or the State educational agency on behalf of the local
educational agency, that the local educational agency is
located in an area defined as rural by a governmental agency of
the State.
``(c) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant to an eligible local educational
agency for a fiscal year in an amount equal to the initial
amount determined under paragraph (2) for the fiscal year minus
the total amount received under the provisions of law described
under section 10961(c) for the preceding fiscal year.
``(2) Determination of the initial amount.--The initial
amount referred to in paragraph (1) is equal to $100 multiplied
by the total number of students, over 50 students, in average
daily attendance in such eligible agency plus $20,000, except
that the initial amount may not exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available for
this subpart for any fiscal year is not sufficient to
pay in full the amounts that local educational agencies
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such amounts
for such year.
``(B) Additional amounts.--If additional funds
become available for making payments under paragraph
(1) for such fiscal year, payments that were reduced
under subparagraph (A) shall be increased on the same
basis as such payments were reduced.
``(5) Census determination.--
``(A) In general.--Each local educational agency
desiring a grant under this section shall conduct a
census not later than December 1 of each year to
determine the number of kindergarten through grade 12
students in average daily attendance at the schools
served by the local educational agency.
``(B) Submission.--Each local educational agency
shall submit the number described in subparagraph (A)
to the Secretary not later than March 1 of each year.
``(d) Disbursal.--The Secretary shall disburse the funds awarded to
a local educational agency under this section for a fiscal year not
later than July 1 of that year.
``(e) Special Rule.--A local educational agency that is eligible to
receive a grant under this subpart for a fiscal year shall be
ineligible to receive funds for such fiscal year under subpart 2.
``(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other Federal,
State or local education funds.
``SEC. 10963. ACCOUNTABILITY.
``(a) Academic Achievement.--
``(1) In general.--Each local educational agency that uses
or receives funds under section 10961 or 10962 for a fiscal
year shall administer an assessment consistent with section
1111.
``(2) Special rule.--Each local educational agency that
uses or receives funds under section 10961 or 10962 shall use
the same assessment described in paragraph (1) for each year of
participation in the program under such section.
``(b) State Educational Agency Determination Regarding Continuing
Participation.--Each State educational agency that receives funding
under the provisions of law described in section 10961(c) shall--
``(1) after the second year that a local educational agency
participates in a program under section 10961 or 10962 and on
the basis of the results of the assessments described in
subsection (a), determine whether the students served by the
local educational agency participating in the program performed
in accordance with section 1111; and
``(2) only permit those local educational agencies that so
participated and met the requirements of section 1111(b)(2) to
continue to so participate.
``Subpart 2--Low-Income And Rural School Program
``SEC. 10971. PROGRAM AUTHORIZED.
``(a) Reservations.--From amounts appropriated under section 10982
for this subpart for a fiscal year, the Secretary shall reserve \1/2\
of 1 percent to make awards to elementary or secondary schools operated
or supported by the Bureau of Indian Affairs to carry out the purpose
of this subpart.
``(b) Grants to States.--
``(1) In general.--From amounts appropriated under section
10982 for this subpart that are not reserved under subsection
(a), the Secretary shall award grants for a fiscal year to
State educational agencies that have applications approved
under section 10973 to enable the State educational agencies to
award subgrants to eligible local educational agencies for
local authorized activities described in subsection (c)(2).
``(2) Allocation.--From amounts appropriated for this
subpart, the Secretary shall allocate to each State educational
agency for a fiscal year an amount that bears the same ratio to
the amount of funds appropriated under section 10982 for this
subpart that are not reserved under subsection (a) as the
number of students in average daily attendance served by
eligible local educational agencies in the State bears to the
number of all such students served by eligible local
educational agencies in all States for that fiscal year.
``(3) Direct awards to specially qualified agencies.--
``(A) Nonparticipating state.--If a State
educational agency elects not to participate in the
program under this subpart or does not have an
application approved under section 10973 a specially
qualified agency in such State desiring a grant under
this subpart shall apply directly to the Secretary to
receive an award under this subpart.
``(B) Direct awards to specially qualified
agencies.--The Secretary may award, on a competitive
basis, the amount the State educational agency is
eligible to receive under paragraph (2) directly to
specially qualified agencies in the State.
``(c) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this subpart if--
``(A) 20 percent or more of the children aged 5 to
17, inclusive, served by the local educational agency
are from families with incomes below the poverty line;
and
``(B) all of the schools served by the agency are
located in a community with a Rural-Urban Continuum
Code of 6, 7, 8, or 9, as determined by the Secretary
of Agriculture.
``(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under this
subpart shall be used for--
``(A) educational technology, including software
and hardware;
``(B) professional development;
``(C) technical assistance;
``(D) teacher recruitment and retention;
``(E) parental involvement activities; or
``(F) academic enrichment programs.
``SEC. 10972. STATE DISTRIBUTION OF FUNDS.
``(a) Award Basis.--A State educational agency shall award grants
to eligible local educational agencies--
``(1) on a competitive basis; or
``(2) according to a formula based on the number of
students in average daily attendance served by the eligible
local educational agencies or schools (as appropriate) in the
State, as determined by the State.
``(b) Administrative Costs.--A State educational agency receiving a
grant under this subpart may not use more than 5 percent of the amount
of the grant for State administrative costs.
``SEC. 10973. APPLICATIONS.
``Each State educational agency and specially qualified agency
desiring to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require. Such
application shall include specific measurable goals and objectives to
be achieved which may include specific educational goals and objectives
relating to increased student academic achievement, decreased student
drop-out rates, or such other factors that the State educational agency
or specially qualified agency may choose to measure.
``SEC. 10974. REPORTS.
``(a) State Reports.--Each State educational agency that receives a
grant under this subpart shall provide an annual report to the
Secretary. The report shall describe--
``(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this subpart;
``(2) how local educational agencies and schools used funds
provided under this subpart; and
``(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 10973.
``(b) Specially Qualified Agency Report.--Each specially qualified
agency that receives a grant under this subpart shall provide an annual
report to the Secretary. Such report shall describe--
``(1) how such agency uses funds provided under this
subpart; and
``(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 10971(b)(3)(A).
``(c) Report to Congress.--The Secretary shall prepare and submit
to the Committee on Education and the Workforce for the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions for the Senate an annual report. The report shall describe--
``(1) the methods the State educational agency used to
award grants to eligible local educational agencies and to
provide assistance to schools under this subpart;
``(2) how eligible local educational agencies and schools
used funds provided under this subpart; and
``(3) progress made in meeting specific measurable
educational goals and objectives.
``SEC. 10975. DEFINITIONS.
``For the purposes of this subpart--
``(1) The term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(2) The term `specially qualified agency' means an
eligible local educational agency, located in a State that does
not participate in a program under this subpart in a fiscal
year, that may apply directly to the Secretary for a grant in
such year in accordance with section 10971(b)(3).
``Subpart 3--General Provisions
``SEC. 10981. DEFINITION.
``For the purposes of this part, the term `State' means each of the
50 States, the District of Columbia, and the Commonwealth of Puerto
Rico.
``SEC. 10982. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$125,000,000 for fiscal year 2002 and such sums as may be necessary for
each of four succeeding fiscal years to be distributed equally between
subparts 1 and 2.''.
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Rural Education Initiative Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Rural Education Initiative, including various grants by the Secretary of Education to State and local educational agencies under: (1) a Small and Rural School Program; and (2) a Low-Income and Rural School Program.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospitals Education and
Research Act of 1999''.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) Payments.--The Secretary shall make two payments under this
section to each children's hospital for each of fiscal years 2000 and
2001, one for the direct expenses and the other for indirect expenses
associated with operating approved graduate medical residency training
programs.
(b) Amount of Payments.--
(1) In general.--Subject to paragraph (2), the amounts
payable under this section to a children's hospital for an
approved graduate medical residency training program for a
fiscal year are each of the following amounts:
(A) Direct expense amount.--The amount determined
under subsection (c) for direct expenses associated
with operating approved graduate medical residency
training programs.
(B) Indirect expense amount.--The amount determined
under subsection (d) for indirect expenses associated
with the treatment of more severely ill patients and
the additional costs relating to teaching residents in
such programs.
(2) Capped amount.--
(A) In general.--The total of the payments made to
children's hospitals under paragraph (1)(A) or
paragraph (1)(B) in a fiscal year shall not exceed the
funds appropriated under paragraph (1) or (2),
respectively, of subsection (f) for such payments for
that fiscal year.
(B) Pro rata reductions of payments for direct
expenses.--If the Secretary determines that the amount
of funds appropriated under subsection (f)(1) for a
fiscal year is insufficient to provide the total amount
of payments otherwise due for such periods under
paragraph (1)(A), the Secretary shall reduce the
amounts so payable on a pro rata basis to reflect such
shortfall.
(c) Amount of Payment for Direct Graduate Medical Education.--
(1) In general.--The amount determined under this
subsection for payments to a children's hospital for direct
graduate expenses relating to approved graduate medical
residency training programs for a fiscal year is equal to the
product of--
(A) the updated per resident amount for direct
graduate medical education, as determined under
paragraph (2)); and
(B) the average number of full-time equivalent
residents in the hospital's graduate approved medical
residency training programs (as determined under
section 1886(h)(4) of the Social Security Act (42
U.S.C. 1395ww(h)(4))) during the fiscal year.
(2) Updated per resident amount for direct graduate medical
education.--The updated per resident amount for direct graduate
medical education for a hospital for a fiscal year is an amount
determined as follows:
(A) Determination of hospital single per resident
amount.--The Secretary shall compute for each hospital
operating an approved graduate medical education
program (regardless of whether or not it is a
children's hospital) a single per resident amount equal
to the average (weighted by number of full-time
equivalent residents) of the primary care per resident
amount and the non-primary care per resident amount
computed under section 1886(h)(2) of the Social
Security Act for cost reporting periods ending during
fiscal year 1997.
(B) Determination of wage and non-wage-related
proportion of the single per resident amount.--The
Secretary shall estimate the average proportion of the
single per resident amounts computed under subparagraph
(A) that is attributable to wages and wage-related
costs.
(C) Standardizing per resident amounts.--The
Secretary shall establish a standardized per resident
amount for each such hospital--
(i) by dividing the single per resident
amount computed under subparagraph (A) into a
wage-related portion and a non-wage-related
portion by applying the proportion determined
under subparagraph (B);
(ii) by dividing the wage-related portion
by the factor applied under section
1886(d)(3)(E) of the Social Security Act (42
U.S.C. 1395ww(d)(3)(E)) for discharges
occurring during fiscal year 1999 for the
hospital's area; and
(iii) by adding the non-wage-related
portion to the amount computed under clause
(ii).
(D) Determination of national average.--The
Secretary shall compute a national average per resident
amount equal to the average of the standardized per
resident amounts computed under subparagraph (C) for
such hospitals, with the amount for each hospital
weighted by the average number of full-time equivalent
residents at such hospital.
(E) Application to individual hospitals.--The
Secretary shall compute for each such hospital that is
a children's hospital a per resident amount--
(i) by dividing the national average per
resident amount computed under subparagraph (D)
into a wage-related portion and a non-wage-
related portion by applying the proportion
determined under subparagraph (B);
(ii) by multiplying the wage-related
portion by the factor described in subparagraph
(C)(ii) for the hospital's area; and
(iii) by adding the non-wage-related
portion to the amount computed under clause
(ii).
(F) Updating rate.--The Secretary shall update such
per resident amount for each such children's hospital
by the estimated percentage increase in the consumer
price index for all urban consumers during the period
beginning October 1997 and ending with the midpoint of
the hospital's cost reporting period that begins during
fiscal year 2000.
(d) Amount of Payment for Indirect Medical Education.--
(1) In general.--The amount determined under this
subsection for payments to a children's hospital for indirect
expenses associated with the treatment of more severely ill
patients and the additional costs related to the teaching of
residents for a fiscal year is equal to an amount determined
appropriate by the Secretary.
(2) Factors.--In determining the amount under paragraph
(1), the Secretary shall--
(A) take into account variations in case mix among
children's hospitals and the number of full-time
equivalent residents in the hospitals' approved
graduate medical residency training programs; and
(B) assure that the aggregate of the payments for
indirect expenses associated with the treatment of more
severely ill patients and the additional costs related
to the teaching of residents under this section in a
fiscal year are equal to the amount appropriated for
such expenses for the fiscal year involved under
subsection (f)(2).
(e) Making of Payments.--
(1) Interim payments.--The Secretary shall determine,
before the beginning of each fiscal year involved for which
payments may be made for a hospital under this section, the
amounts of the payments for direct graduate medical education
and indirect medical education for such fiscal year and shall
(subject to paragraph (2)) make the payments of such amounts in
26 equal interim installments during such period.
(2) Withholding.--The Secretary shall withhold up to 25
percent from each interim installment for direct graduate
medical education paid under paragraph (1).
(3) Reconciliation.--At the end of each fiscal year for
which payments may be made under this section, the hospital
shall submit to the Secretary such information as the Secretary
determines to be necessary to determine the percent (if any) of
the total amount withheld under paragraph (2) that is due under
this section for the hospital for the fiscal year. Based on
such determination, the Secretary shall recoup any overpayments
made, or pay any balance due. The amount so determined shall be
considered a final intermediary determination for purposes of
applying section 1878 of the Social Security Act (42 U.S.C.
1395oo) and shall be subject to review under that section in
the same manner as the amount of payment under section 1886(d)
of such Act (42 U.S.C. 1395ww(d)) is subject to review under
such section.
(f) Authorization of Appropriations.--
(1) Direct graduate medical education.--
(A) In general.--There are hereby authorized to be
appropriated, out of any money in the Treasury not
otherwise appropriated, for payments under subsection
(b)(1)(A) --
(i) for fiscal year 2000, $90,000,000; and
(ii) for fiscal year 2001, $95,000,000.
(B) Carryover of excess.--The amounts appropriated
under subparagraph (A) for fiscal year 2000 shall
remain available for obligation through the end of
fiscal year 2001.
(2) Indirect medical education.--There are hereby
authorized to be appropriated, out of any money in the Treasury
not otherwise appropriated, for payments under subsection
(b)(1)(A) --
(A) for fiscal year 2000, $190,000,000; and
(B) for fiscal year 2001, $190,000,000.
(f) Relation to Medicare and Medicaid Payments.--Notwithstanding
any other provision of law, payments under this section to a hospital
for fiscal years 2000 and 2001--
(1) are in lieu of any amounts otherwise payable to the
hospital under section 1886(h) or 1886(d)(5)(B) of the Social
Security Act (42 U.S.C. 1395ww(h); 1395ww(d)(5)B)) for portions
of cost reporting periods occurring during such fiscal years;
but
(2) shall not affect the amounts otherwise payable to such
hospitals under a State medicaid plan under title XIX of such
Act (42 U.S.C. 1396 et seq.).
(g) Definitions.--In this section:
(1) Approved graduate medical residency training program.--
The term ``approved graduate medical residency training
program'' has the meaning given the term ``approved medical
residency training program'' in section 1886(h)(5)(A) of the
Social Security Act (42 U.S.C. 1395ww(h)(5)(A)).
(2) Children's hospital.--The term ``children's hospital''
means a hospital described in section 1886(d)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)).
(3) Direct graduate medical education costs.--The term
``direct graduate medical education costs'' has the meaning
given such term in section 1886(h)(5)(C) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(C)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
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Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) for FY 2000 and 2001 for the direct and indirect expenses associated with operating approved medical residency training programs.
Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan.
Authorizes appropriations.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulations Endanger Democracy Act
of 2015'' or the ``RED Tape Act of 2015''.
SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE.
(a) Definitions.--In this section--
(1) the term ``agency'' has the meaning given that term in
section 551 of title 5, United States Code;
(2) the term ``covered rule'' means a rule of an agency
that causes a new financial or administrative burden on
businesses in the United States or on the people of the United
States, as determined by the head of the agency;
(3) the term ``rule''--
(A) has the meaning given that term in section 551
of title 5, United States Code; and
(B) includes--
(i) any rule issued by an agency pursuant
to an Executive order or Presidential
memorandum; and
(ii) any rule issued by an agency due to
the issuance of a memorandum, guidance
document, bulletin, or press release issued by
an agency; and
(4) the term ``Unified Agenda'' means the Unified Agenda of
Federal Regulatory and Deregulatory Actions.
(b) Prohibition on Issuance of Certain Rules.--
(1) In general.--An agency may not--
(A) issue a covered rule that does not amend or
modify an existing rule of the agency, unless--
(i) the agency has repealed 1 or more
existing covered rules of the agency; and
(ii) the cost of the covered rule to be
issued is less than or equal to the cost of the
covered rules repealed under clause (i), as
determined and certified by the head of the
agency; or
(B) issue a covered rule that amends or modifies an
existing rule of the agency, unless--
(i) the agency has repealed or amended 1 or
more existing covered rules of the agency; and
(ii) the cost of the covered rule to be
issued is less than or equal to the cost of the
covered rules repealed or amended under clause
(i), as determined and certified by the head of
the agency.
(2) Penalty for failure to repeal or amend rules.--During
the period beginning on the date of failure to comply by an
agency with paragraph (1) in issuing a covered rule, and ending
on the date on which the agency complies with paragraph (1)
with respect to that covered rule, no statutory pay adjustment
(as defined in section 147(b) of the Continuing Appropriations
Act, 2011 (5 U.S.C. 5303 note)) shall take effect with respect
to any employee of the agency.
(3) Application.--Paragraph (1) shall not apply to the
issuance of a covered rule by an agency that--
(A) relates to the internal policy or practice of
the agency or procurement by the agency; or
(B) is being revised to be less burdensome to
decrease requirements imposed by the covered rule or
the cost of compliance with the covered rule.
(c) Considerations for Repealing Rules.--In determining whether to
repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection
(b)(1), the head of the agency that issued the covered rule shall
consider--
(1) whether the covered rule achieved, or has been
ineffective in achieving, the original purpose of the covered
rule;
(2) any adverse effects that could materialize if the
covered rule is repealed, in particular if those adverse
effects are the reason the covered rule was originally issued;
(3) whether the costs of the covered rule outweigh any
benefits of the covered rule to the United States;
(4) whether the covered rule has become obsolete due to
changes in technology, economic conditions, market practices,
or any other factors; and
(5) whether the covered rule overlaps with a covered rule
to be issued by the agency.
(d) Publication of Covered Rules in Unified Agenda.--
(1) Requirements.--Each agency shall, on a semiannual
basis, submit jointly and without delay to the Office of
Information and Regulatory Affairs for publication in the
Unified Agenda a list containing--
(A) each covered rule that the agency intends to
issue during the 6-month period following the date of
submission;
(B) each covered rule that the agency intends to
repeal or amend in accordance with subsection (b)
during the 6-month period following the date of
submission; and
(C) the cost of each covered rule described in
subparagraphs (A) and (B).
(2) Prohibition.--An agency may not issue a covered rule
unless the agency complies with the requirements under
paragraph (1).
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Regulations Endanger Democracy Act of 2015 or the RED Tape Act of 2015 Prohibits a federal agency from issuing a covered rule (a rule that causes a new financial or administrative burden on businesses or people in the United States) that either amends or modifies an existing agency rule or does not amend or modify an existing rule unless the agency has repealed one or more existing covered rules and the cost of the rule to be issued is less than or equal to that of the covered rules repealed. Exempts a covered rule that: (1) relates to the internal policy or practice of, or procurement by, the agency; or (2) is being revised to be less burdensome by decreasing requirements imposed by, or compliance costs of, the rule. Prohibits any statutory pay adjustment from taking effect for any employee of an agency during any period during which the agency is not in compliance with such requirement. Directs an agency, in determining whether to repeal a covered rule, to consider: (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a covered rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh it benefits. Requires each agency, semiannually, to submit to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing each covered rule the agency intends to issue, repeal, or amend during the following six months and the cost of each such rule.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal HUD-VASH Act of 2017''.
SEC. 2. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(D) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given those terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary shall use not less than 5 percent of
the amounts made available for rental
assistance under this paragraph to carry out a
rental assistance and supported housing
program, to be known as the `Tribal HUD-VASH
program', in conjunction with the Secretary of
Veterans Affairs, by awarding grants for the
benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded
under the Program shall be administered in
accordance with the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.), except that
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made
available for tenant-based rental
assistance under this subsection and
without regard to the amounts used for
new grants under clause (ii), such
amounts as may be necessary to award
renewal grants to eligible recipients
that received a grant under the Program
in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1
year after the date of enactment of the
Tribal HUD-VASH Act of 2017, and every
5 years thereafter, the Secretary, in
coordination with the Secretary of
Veterans Affairs and the Director of
the Indian Health Service, shall--
``(aa) conduct a review of
the implementation of the
Program, including any factors
that may have limited its
success; and
``(bb) submit a report
describing the results of the
review under item (aa) to--
``(AA) the
Committee on Indian
Affairs, the Committee
on Banking, Housing,
and Urban Affairs, the
Committee on Veterans'
Affairs, and the
Committee on
Appropriations of the
Senate; and
``(BB) the
Subcommittee on Indian,
Insular and Alaska
Native Affairs of the
Committee on Natural
Resources, the
Committee on Financial
Services, the Committee
on Veterans' Affairs,
and the Committee on
Appropriations of the
House of
Representatives.
``(II) Analysis of housing stock
limitation.--The Secretary shall
include in the initial report submitted
under subclause (I) a description of--
``(aa) any regulations
governing the use of formula
current assisted stock (as
defined in section 1000.314 of
title 24, Code of Federal
Regulations (or any successor
regulation)) within the
Program;
``(bb) the number of
recipients of grants under the
Program that have reported the
regulations described in item
(aa) as a barrier to
implementation of the Program;
and
``(cc) proposed alternative
legislation or regulations
developed by the Secretary in
consultation with recipients of
grants under the Program to
allow the use of formula
current assisted stock within
the Program.''.
Passed the Senate May 23, 2018.
Attest:
JULIE E. ADAMS,
Secretary.
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Tribal HUD-VASH Act of 2017 (Sec. 2) This bill provides statutory authority for the Tribal HUD-VASH program, which provides rental assistance and supportive services to Indian veterans who are homeless or at risk of homelessness and living in or near an Indian area. The United States Housing Act of 1937 is amended to direct the Department of Housing and Urban Development (HUD) to use at least 5% of rental assistance amounts under the HUD-VASH program, which provides housing assistance to homeless veterans, for the Tribal HUD-VASH program. The Tribal HUD-VASH program shall be carried out in conjunction with the Department of Veterans Affairs (VA). HUD and the VA: (1) shall consult with tribal organizations regarding the program's design, and (2) may make program modifications after consulting with tribal organizations. Program grants shall be made to entities eligible for Native American housing assistance block grants. HUD may make renewal grants to entities that have received prior program grants.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ultrasound Informed Consent Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXX--INFORMED CONSENT
``SEC. 3001. DEFINITIONS.
``In this title:
``(1) Abortion.--The term `abortion' means the intentional
use or prescription of any instrument, medicine, drug, or any
other substance or device or method to terminate the life of an
unborn child, or to terminate the pregnancy of a woman known to
be pregnant with an intention other than--
``(A) to produce a live birth and preserve the life
and health of the child after live birth; or
``(B) to remove an ectopic pregnancy, or to remove
a dead unborn child who died as the result of a
spontaneous abortion, accidental trauma, or a criminal
assault on the pregnant female or her unborn child.
``(2) Abortion provider.--The term `abortion provider'
means any person legally qualified to perform an abortion under
applicable Federal and State laws.
``(3) Unborn child.--The term `unborn child' means a member
of the species homo sapiens, at any stage of development prior
to birth.
``(4) Woman.--The term `woman' means a female human being
whether or not she has reached the age of majority.
``(5) Unemancipated minor.--The term `unemancipated minor'
means a minor who is subject to the control, authority, and
supervision of his or her parents or guardians, as determined
under State law.
``SEC. 3002. REQUIREMENT OF INFORMED CONSENT.
``(a) Requirement of Compliance by Providers.--Any abortion
provider in or affecting interstate or foreign commerce, who knowingly
performs any abortion, shall comply with the requirements of this
title.
``(b) Performance and Review of Ultrasound.--Prior to a woman
giving informed consent to having any part of an abortion performed,
the abortion provider who is to perform the abortion, or certified
technician working in conjunction with the provider, shall--
``(1) perform an obstetric ultrasound on the pregnant
woman;
``(2) provide an explanation of the results of the
ultrasound;
``(3) display the ultrasound images so that the pregnant
woman may view them; and
``(4) provide a medical description of the ultrasound
images, which shall include the dimensions of the embryo or
fetus, cardiac activity if present and viable, and the presence
of external members and internal organs, if present and
viewable.
``(c) No Requirement To View Ultrasound Images.--Nothing in this
section shall be construed to require a woman to view the ultrasound
images. Neither the abortion provider nor the woman shall be subject to
any penalty if she refuses to look at the presented ultrasound images.
``SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES.
``(a) Exception.--The provisions of section 3002 shall not apply to
an abortion provider in the case that the abortion is necessary to save
the life of a mother whose life is endangered by a physical disorder,
physical illness, or physical injury, including a life-endangering
physical condition caused by or arising from the pregnancy itself.
``(b) Certification.--
``(1) In general.--Upon a determination by an abortion
provider under subsection (a) that an abortion is necessary to
save the life of a mother, such provider shall certify the
specific medical conditions that support such determination and
include such certification in the medical file of the pregnant
woman.
``(2) False statements.--An abortion provider who willfully
falsifies a certification under paragraph (1) shall be subject
to all the penalties provided for under section 3004 for
failure to comply with this title.
``SEC. 3004. PENALTIES FOR FAILURE TO COMPLY.
``(a) In General.--An abortion provider who willfully fails to
comply with the provisions of this title shall be subject to civil
penalties in accordance with this section in an appropriate Federal
court.
``(b) Commencement of Action.--The Attorney General may commence a
civil action under this section.
``(c) First Offense.--Upon a finding by a court that a respondent
in an action commenced under this section has knowingly violated a
provision of this title, the court shall notify the appropriate State
medical licensing authority and shall assess a civil penalty against
the respondent in an amount not to exceed $100,000.
``(d) Second and Subsequent Offenses.--Upon a finding by a court
that the respondent in an action commenced under this section has
knowingly violated a provision of this title and the respondent has
been found to have knowingly violated a provision of this title on a
prior occasion, the court shall notify the appropriate State medical
licensing authority and shall assess a civil penalty against the
respondent in an amount not to exceed $250,000.
``(e) Private Right of Action.--A pregnant woman upon whom an
abortion has been performed in violation of this title, or the parent
or legal guardian of such a woman if she is an unemancipated minor, may
commence a civil action against the abortion provider for any willful
violation of this title for actual and punitive damages.''.
SEC. 3. PREEMPTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any provision of State law to the extent that such
State law establishes, implements, or continues in effect greater
disclosure requirements regarding abortion than those provided under
this Act and the amendments made by this Act.
SEC. 4. SEVERABILITY.
The provisions of this Act shall be severable. If any provision of
this Act, or any application thereof, is found unconstitutional, that
finding shall not affect any provision or application of the Act not so
adjudicated.
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Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, explain the results, display the ultrasound images so the woman may view them, and provide a medical description of the ultrasound images, including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. Provides for: (1) civil penalties for willful failure to comply; and (2) a medical emergency exception.
Prohibits construing this Act to require a woman to view the images or penalizing the physician or the woman if she refuses to look at the images.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable and Distributed Energy Net
Metering Act''.
SEC. 2. FINDINGS.
The Congress finds that it is in the public interest to:
(1) Enable small businesses, residences, schools, churches,
farms, and other retail electric customers who generate
electric energy to reduce their electric bills.
(2) Encourage private investment in renewable and
unconventional energy resources.
(3) Enhance the diversity of the Nation's electric supply
by increasing reliance on a wide range of renewable and other
environmentally sound distributed generation technologies.
(4) Reduce price volatility and enhance reliability by
reducing peak load on centrally generated power supplies.
(5) Protect the environment by promoting clean energy
sources.
SEC. 3. NET METERING.
Part II of the Federal Power Act is amended by adding the following
new section at the end thereof:
``SEC. 215. STATE NET METERING PROGRAMS.
``(a) Definitions.--As used in this section--
``(1) The term `customer generator' means the owner or
operator of an electric generation unit qualified for net
metering under this section.
``(2) The term `net metering' means measuring the
difference between the electricity supplied to a customer-
generator and the electricity generated by a customer-generator
that is delivered to a local distribution system at the same
point of interconnection during an applicable billing period
and providing a credit to the customer-generator for the net
amount, if any, by which the electricity generated by the
customer-generator exceeds the electricity supplied to the
customer generator during that billing period.
``(3) The terms `electric generation unit qualified for net
metering' and `qualified generation unit' mean an electric
energy generation unit that meets the requirements of
subsection (b)(1) of this section.
``(4) The term `retail electric supplier' means any person
that sells electric energy to the ultimate consumer thereof.
``(5) The term `local distribution system' means any system
for the distribution of electric energy to the ultimate
consumer thereof, whether or not the owner or operator of such
system is also a retail electric supplier.
``(b) Net Metering Requirement.--Each State, electric utility not
regulated by a State, and Federal power marketing agency shall consider
establishing a net metering program, or modifying an existing program,
to meet the minimum Federal standards set forth in subsection (c) of
this section. If the Commission determines that a State, electric
utility not regulated by a State, or Federal power marketing agency has
not established a net metering program that meets such minimum
standards within 2 years after the enactment of this Act, the
Commission shall establish a program (in such State or in the service
territory of such electric utility or Federal power marketing agency)
consistent with such standards.
``(c) Minimum Federal Standards for State and Other Net Metering
Programs.--
``(1) Qualified generation unit.--A generation unit that
meets the following requirements qualifies for net metering
under this section:
``(A) The unit is a fuel cell or uses as its energy
source either solar, wind, or biomass.
``(B) The unit has a generating capacity of up to
200 kilowatts.
``(C) The unit is located on premises that are
owned, operated, leased, or otherwise controlled by the
customer-generator.
``(D) The unit operates in parallel with the retail
electric supplier.
``(E) The unit is used primarily to offset part or
all of the customer-generator's requirements for
electric energy.
``(F) The unit is not intended to offset or provide
credits for electric consumption at another location of
the customer or for any other customer.
``(2) Metering and costs.--The retail electric supplier
shall make available upon request net metering service to any
customer-generator that the supplier serves if the retail
customer-generator pays any incremental costs, including those
incurred by suppliers and local distribution systems for
equipment or services for safety or performance that are
necessary to meet the standards referred to in this section. If
a State, nonregulated utility, or Federal power marketing
agency determines that the use of a real-time net meter or
interval net meter will advance the purposes of this section
for such units, a customer-generator in that State (or, in the
case of a nonregulated utility or Federal power marketing
agency, the relevant service territory) may be required to use
the appropriate meter and pay the reasonable incremental costs
for such meter and its installation.
``(3) Rates.--Rates and charges for retail electric service
to customer-generators, including the amount of a net metering
credit, shall be established by the appropriate State
regulatory authority and nonpublic utilities. To the extent
that a State regulatory authority, nonregulated utility, or
Federal power marketing agency does not establish such rates
and charges, such rates and charges shall be established by the
Commission. The rates and charges established pursuant to this
section shall be just and reasonable.
``(4) Safety and performance standards.--A qualified
generation unit and net metering system used by a customer-
generator shall meet all applicable safety and performance and
reliability standards established by the national electrical
code, the Institute of Electrical and Electronic Engineers,
Underwriters Laboratories, or the American National Standards
Institute, except that a State may adopt additional or
different standards provided that such standard is consistent
with the purposes of this section and does not impose an unjust
or unreasonable burden on a customer-generator that seeks to
participate in the State's net metering program.
``(5) State authority to establish additional
requirements.--Consistent with the limits of its jurisdiction
under this part, nothing in this section shall preclude a State
from establishing or imposing--
``(A) requirements or incentives to encourage
qualified generation and net metering that are in
addition to or in excess of the minimum standards
established in this section (including but not limited
to additional eligible fuels, higher capacity limits,
and credit amounts that vary by fuel or capacity);
``(B) limits on the State-wide aggregate amount of
generating capacity of customer-generators with
qualified generation facilities and net metering
systems, provided that such limits are not unduly
discriminatory and are consistent with the purposes of
this section; or
``(C) administrative and enforcement procedures and
requirements such State deems necessary or appropriate
to implement a net metering program under this section,
if such procedures and requirements are consistent with
the purposes of this section and does not impose an
unjust or unreasonable burden on a customer-generator
that seeks to participate in the State's net metering
program.
``(6) Not a wholesale sale.--A net metering credit under a
net metering program established under this section shall not
be considered a sale for resale for the purposes of Federal or
State law.''.
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Renewable and Distributed Energy Net Metering Act - Mandates that each State, electric utility not regulated by a State, and Federal power marketing agency consider establishing a net metering program, or modifying an existing program, to meet certain minimum Federal standards. Instructs the Federal Energy Regulatory Commission to establish such standards for each such entity that has not established a net metering program conforming to such standards within two years after enactment of this Act.Sets forth minimum Federal standards for State and other net metering programs including: (1) metering and costs; (2) rates; and (3) safety and performance criteria.Authorizes States to establish additional requirements.Provides that a net metering credit under the net metering program shall not be considered a wholesale transaction for purposes of Federal or State law.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Regenerative
Medicine Promotion Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Report on ongoing Federal programs and activities regarding
regenerative medicine.
Sec. 4. Establishment of Regenerative Medicine Coordinating Council.
Sec. 5. Grants for basic or preclinical research into regenerative
medicine.
Sec. 6. Grants for development of drugs, biological products, medical
devices, and biomaterials for use in
regenerative medicine.
Sec. 7. Supporting innovation in regenerative medicine through Cures
Acceleration Network.
Sec. 8. Funding for Food and Drug Administration Research.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Regenerative medicine has the potential to treat many
chronic diseases and promote economic growth in the United
States.
(2) Regenerative medicine has the potential to provide
cures, treatments and diagnostics for a range of diseases and
disabilities including diabetes, spinal cord injury, heart
disease, stroke, and various forms of cancer.
(3) The Department of Defense has stated that regenerative
medicine has the potential to treat many battlefield injuries
such as burns, that it has the potential to heal wounds without
scarring, and that it has the potential to be used for
craniofacial reconstruction, limb reconstruction, regeneration,
and transplantation.
(4) The Department of Health and Human Services and the
Multi-Agency Tissue Engineering Science Interagency Working
Group have endorsed a national initiative to support research
and product development in regenerative medicine.
(5) The Department of Health and Human Services has said
the potential benefits of regenerative medicine in improved
health care and economic savings are enormous. States that have
invested in regenerative medicine have experienced economic
growth and see future growth potential, including an increase
in biotech employment, payroll increases, and proportional
impacts on tax receipts.
SEC. 3. REPORT ON ONGOING FEDERAL PROGRAMS AND ACTIVITIES REGARDING
REGENERATIVE MEDICINE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Health and Human Services shall provide for the
completion, and submission to the Congress, of a report identifying all
ongoing Federal programs and activities regarding regenerative
medicine.
SEC. 4. ESTABLISHMENT OF REGENERATIVE MEDICINE COORDINATING COUNCIL.
(a) Establishment.--The Secretary of Health and Human Services
shall establish, in the Office of the Secretary, a Regenerative
Medicine Coordinating Council (in this section referred to as the
``Council'').
(b) Composition.--The Council shall be composed of the following:
(1) The Secretary of Commerce.
(2) The Secretary of Defense.
(3) The Secretary of Health and Human Services.
(4) The Secretary of the Treasury.
(5) The Secretary of Veterans Affairs.
(6) The Administrator of the Agency for Healthcare Research
and Quality.
(7) The Administrator of the Centers for Medicare &
Medicaid Services.
(8) The Commissioner of Food and Drugs.
(9) The Director of the National Institutes of Health.
(10) The Director of the National Institutes of Standards
and Technology.
(11) Such other members as may be appointed by the
Secretary.
(c) Chair.--The Secretary of Health and Human Services shall be the
Chair of the Council.
(d) Members Appointed by Secretary.--The members of the Council
appointed by the Secretary under subsection (b)(11) shall include
insurers, persons from academic institutions, patient advocates,
persons with expertise in drug discovery, persons with expertise in
drug development, persons with expertise in basic research, persons
with expertise in translational research, persons with expertise in
medical device development, persons with expertise in biomaterials, and
person with expertise in clinical research.
(e) Functions.--The Council shall--
(1) consult with and provide information to the Secretary
of Health and Human Services for purposes of preparing the
report required by section 3;
(2) prepare, and keep up-to-date, a national strategy for
the promotion of research into regenerative medicine and the
development of drugs, biological products, medical devices, and
biomaterials for use in regenerative medicine;
(3) prepare a plan specifying priorities for research into
regenerative medicine;
(4) not later than 120 days after the date of the enactment
of this Act, establish priorities for the award of grants under
sections 5 and 6 (relating to grants for basic or preclinical
research into regenerative medicine and for development of
drugs, biological products, medical devices, and biomaterials
for use in regenerative medicine, respectively);
(5) identify sources of funding for research into
regenerative medicine;
(6) identify areas where such funding is inadequate;
(7) make recommendations regarding Federal regulatory,
reimbursement, and other policies that will support development
and marketing of regenerative medicine products;
(8) develop consensus standards regarding scientific issues
critical to regulatory approval of regenerative medicine
products; and
(9) determine the need for establishing centers of
excellence or consortia to further advance regenerative
medicine.
(f) Transparency; Reporting Requirements.--
(1) Transparency.--The Council shall adopt procedures to
ensure the receipt of public input, such as holding public
stakeholder meetings or creating advisory boards.
(2) Annual reports.--The Council shall submit an annual
report on its activities to the Congress, the Director of the
National Institutes of Health, and the Commissioner of Food and
Drugs. Each such report shall--
(A) provide details on progress in meeting goals
identified by the Council for regenerative medicine;
(B) identify regenerative medicine products
currently on the market and those in development;
(C) identify regenerative medicine research and
technological advances and discoveries that occurred in
the previous year; and
(D) assess the impact of regenerative medicine on
the Nation's economy, including with respect to--
(i) the number of people employed in
companies or research institutions working in
regenerative medicine;
(ii) the number of companies pursuing
regenerative medicine products; and
(iii) increases in tax revenues.
SEC. 5. GRANTS FOR BASIC OR PRECLINICAL RESEARCH INTO REGENERATIVE
MEDICINE.
(a) Grants for Basic or Preclinical Research.--The Secretary may
make grants to eligible entities for the purpose of funding basic or
preclinical research into regenerative medicine.
(b) Conditions.--The Secretary may make a grant under this section
for research only if--
(1) the research is carried out directly by the grant
recipient;
(2) the research is partly funded by one or more private
entities; and
(3) the amount of the grant does not exceed the total
amount provided for the research by private entities (other
than the grant recipient itself).
(c) Terms and Conditions.--A grant under this section may be made
on such terms and conditions as the Secretary determines appropriate.
(d) Priority.--In awarding grants under this section, the Secretary
shall take into consideration the priorities established by the
Regenerative Medicine Coordinating Council under section 4(e).
(e) Definitions.--In this section:
(1) The term ``eligible entity'' means a nonprofit entity
or an institution of higher education.
(2) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(3) The term ``nonprofit entity'' means an entity that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3));
and
(B) is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(a)).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Director of the National
Institutes of Health.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000 for the period of
fiscal years 2011 though 2016.
SEC. 6. GRANTS FOR DEVELOPMENT OF DRUGS, BIOLOGICAL PRODUCTS, MEDICAL
DEVICES, AND BIOMATERIALS FOR USE IN REGENERATIVE
MEDICINE.
(a) Grants for Drug Development.--The Secretary may make grants to
eligible entities for the purpose of funding projects that have as
their aim--
(1) the research and development of drugs, biological
products, medical devices, and biomaterials for use in
regenerative medicine; and
(2) the making of an investigational new drug application
with respect to such drugs or biological products, or the
making of an investigational device exemption application with
respect to such devices, by not later than the end of the 4-
year period beginning on the date on which such grant is made.
(b) Terms and Conditions.--A grant under this section may be made
on such terms and conditions as the Secretary determines appropriate.
(c) Priority.--In awarding grants under this section, the Secretary
shall take into consideration the priorities established by the
Regenerative Medicine Coordinating Council under section 4(e).
(d) Definitions.--In this section:
(1) The term ``biological product'' has the meaning given
the term in section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)).
(2) The terms ``drug'' and ``medical device'' have the
meanings given to the terms ``drug'' and ``device'',
respectively, in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(3) The term ``eligible entity'' means a collaborative
partnership including--
(A) a qualified nonprofit entity or an institution
of higher education; and
(B) a for-profit entity.
(4) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(5) The term ``investigational new drug application'' means
an investigational new drug application that is made to the
Food and Drug Administration under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 505(i)).
(6) The term ``investigational device exemption
application'' means an application for an investigational
device exemption that is made to the Food and Drug
Administration under section 520(g) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360j(g)).
(7) The term ``qualified nonprofit entity'' means an entity
that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3));
and
(B) is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(a)).
(8) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Director of the National
Institutes of Health.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000 for the period of
fiscal years 2011 though 2016.
SEC. 7. SUPPORTING INNOVATION IN REGENERATIVE MEDICINE THROUGH CURES
ACCELERATION NETWORK.
Section 402C of the Public Health Service Act (42 U.S.C. 282d) is
amended--
(1) in subsection (d), by adding at the end the following:
``(7) Collaboration.--With respect to activities of the
Board relating to medical products and behavioral therapies for
use in regenerative medicine, the Board shall collaborate with
the Regenerative Medicine Coordinating Council.'';
(2) in subsection (e)(3), by adding at the end the
following:
``(D) The cures acceleration awards with respect to
products and therapies for use in regenerative
medicine.--The Director of NIH may, without regard to
subparagraphs (A), (B), and (C), provide assistance
under paragraph (1) with respect to medical products
and behavioral therapies for use in regenerative
medicine, including assistance--
``(i) to perform clinical trials under a
protocol approved by the Commissioner of Food
and Drugs or studies which use good
manufacturing practice or good laboratory
practice procedures and the data from which are
intended for inclusion in an investigational
new drug application or an investigational
device exemption application; or
``(ii) to perform basic research or
preclinical studies in regenerative medicine
the data from which are not intended for
inclusion in an investigational new drug
application or an investigational device
exemption application.''; and
(3) in subsection (g)--
(A) in paragraph (2), by striking ``paragraph (1)''
and inserting ``paragraph (1) or (2)'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) Regenerative medicine.--For providing assistance
under subsection (e)(1) with respect to medical products and
behavioral therapies for use in regenerative medicine, in
addition to amounts authorized to be appropriated by paragraph
(1), there are authorized to be appropriated $100,000,000 for
each of fiscal years 2011 through 2015.''.
SEC. 8. FUNDING FOR FOOD AND DRUG ADMINISTRATION RESEARCH.
(a) Grants.--The Secretary may--
(1) conduct, support, or collaborate in regulatory research
for the purpose of assisting the Food and Drug Administration
to perform its functions with respect to regenerative medicine;
or
(2) make grants to fund regulatory research for such
purpose.
(b) Definitions.--In this section:
(1) The term ``regulatory research'' means research
regarding development, evaluation, and availability of new or
improved tools, methods, standards, and applied science that
support a better understanding and improved evaluation of
product safety, quality, effectiveness, and manufacturing
throughout the product life cycle.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Commissioner of Food and
Drugs.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $25,000,000 for fiscal year
2011 and $125,000,000 for the period of fiscal years 2012 though 2016.
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Regenerative Medicine Promotion Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to: (1) submit to Congress a report identifying all ongoing federal programs and activities regarding regenerative medicine; and (2) establish a Regenerative Medicine Coordinating Council in the Office of the Secretary. Includes among the duties of the Council: (1) preparing a national strategy for the promotion of research into regenerative medicine and the development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; (2) identifying sources of funding for research into regenerative medicine and areas where such funding is inadequate; and (3) making recommendations regarding federal policies to support development and marketing of regenerative medicine products.
Authorizes the Secretary, acting through the Director of the National Institutes of Health (NIH), to make grants for: (1) basic or preclinical research into regenerative medicine; (2) research and development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; and (3) the making of an investigational new drug application or an investigational device exemption application within four years of receiving such grant.
Amends the Public Health Service Act to authorize the Director of NIH to award grants, contracts, or cooperative agreements to accelerate the development of high need cures through the development of medical products and behavioral therapies for use in regenerative medicine.
Authorizes the Secretary, acting through the Commissioner of Food and Drugs, to: (1) conduct, support, or collaborate in regulatory research to assist the Food and Drug Administration (FDA) in performing its functions with respect to regenerative medicine; or (2) make grants to fund regulatory research for such purpose.
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Condense the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Election
Infrastructure and Security Promotion Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ELECTION INFRASTRUCTURE AND SECURITY
Sec. 101. Definition of critical infrastructure.
Sec. 102. Designation of voting systems as critical infrastructure.
Sec. 103. Voting system threat and research and development.
TITLE II--NATIONAL STANDARDS FOR VOTING SYSTEM SECURITY
Sec. 201. Development of standards.
Sec. 202. Requiring States to comply with standards in administration
of elections for Federal office.
Sec. 203. Incorporation of standards into certification and testing of
voting systems.
TITLE III--NATIONAL STANDARDS FOR TRANSPARENCY AND VERIFICATION OF
BALLOT COUNTING
Sec. 301. Development of standards.
Sec. 302. Requiring States to comply with standards in administration
of elections for Federal office.
TITLE IV--RESEARCH AND DEVELOPMENT
Sec. 401. Innovative election technology research and development.
TITLE I--ELECTION INFRASTRUCTURE AND SECURITY
SEC. 101. DEFINITION OF CRITICAL INFRASTRUCTURE.
In this title, the term ``critical infrastructure'' has the meaning
given such term in section 1016 of the Critical Infrastructure
Protection Act of 2001 (42 U.S.C. 5195c(e)).
SEC. 102. DESIGNATION OF VOTING SYSTEMS AS CRITICAL INFRASTRUCTURE.
The Secretary of Homeland Security, acting through the Assistant
Secretary of the National Protection and Programs Directorate, shall--
(1) designate voting systems used in the United States as
critical infrastructure;
(2) include threats of compromise, disruption, or
destruction of voting systems in national planning scenarios;
and
(3) conduct a campaign to proactively educate local
election officials about the designation of voting systems as
critical infrastructure and election officials at all levels of
government of voting system threats.
SEC. 103. VOTING SYSTEM THREAT AND RESEARCH AND DEVELOPMENT.
(a) In General.--In furtherance of local election official
preparedness and response, the Secretary of Homeland Security, acting
through the Under Secretary for Science and Technology, and in
consultation with other relevant agencies and departments of the
Federal Government and relevant State and local election official
operators of election infrastructure, shall conduct research and
development to mitigate the consequences of voting systems threats.
(b) Scope.--The scope of the research and development under
subsection (a) shall include the following:
(1) An objective scientific analysis of the risks to
critical election infrastructures from a range of threats.
(2) Determination of the voting system assets and
infrastructures that are at risk from intrusion, compromise,
disruption or destruction.
(3) An evaluation of emergency planning and response
technologies that would address the findings and
recommendations of experts, including those of a Commission to
Assess the Threat to the United States from election
administration or voting system attack.
(4) An analysis of technology options that are available to
improve the resiliency of critical infrastructure to voting
system threats.
(5) The restoration and recovery capabilities of critical
infrastructure under differing levels of damage and disruption.
(c) Comprehensive Plan.--
(1) In general.--The Secretary of Homeland Security shall
prepare and submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a comprehensive plan to
protect and prepare the critical infrastructure of the voting
systems used in the United States against threats, including
from acts of terrorism.
(2) Plan requirements.--The comprehensive plan shall--
(A) be based on findings of the research and
development conducted under subsection (a);
(B) be developed in consultation with the relevant
Federal sector-specific agencies (as defined under
Homeland Security Presidential Directive for critical
infrastructures); and
(C) be developed in consultation with State and
local election officials.
(3) Updates.--The Secretary shall update the plan required
under this subsection biennially.
TITLE II--NATIONAL STANDARDS FOR VOTING SYSTEM SECURITY
SEC. 201. DEVELOPMENT OF STANDARDS.
(a) Development.--The Director of the National Institute of
Standards and Technology shall develop standards for ensuring the
operational security of the voting systems used in elections for
Federal office, including the physical and cybersecurity of such
systems and security requirements for the personnel who operate such
systems.
(b) Contents of Standards.--In developing standards under this
title, the Director shall ensure the following:
(1) The standards shall set forth specific, evidence-based
security requirements for the operation of each individual
component of voting systems, including components for marking
ballots, scanning ballots, aggregating vote tallies from vote
counters, and electronic poll books.
(2) The standards shall set forth specific, evidence-based
requirements for the interoperability of the components, based
on data standards established by the National Institute of
Standards and Technology.
(3) No system or device upon which ballots or votes are
cast or tabulated shall be connected to the Internet at any
time through any publicly accessible network.
(4) No system or device upon which ballots or votes are
cast or tabulated shall contain, use, or be accessible by any
wireless, power-line, or concealed communication device.
(c) Deadline; Updates.--
(1) Deadline for initial standards.--The Director shall
develop the standards under this title not later than 1 year
after the date of the enactment of this Act.
(2) Updates.--The Director may update the standards under
this title at such times as the Director considers appropriate.
SEC. 202. REQUIRING STATES TO COMPLY WITH STANDARDS IN ADMINISTRATION
OF ELECTIONS FOR FEDERAL OFFICE.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)) is amended by adding at the end the following new paragraph:
``(7) Compliance with security standards.--In operating the
voting system, the State shall comply with the applicable
standards developed by the Director of the National Institute
of Standards and Technology under title II of the Election
Infrastructure and Security Promotion Act of 2016 for ensuring
the operational security of voting systems.''.
SEC. 203. INCORPORATION OF STANDARDS INTO CERTIFICATION AND TESTING OF
VOTING SYSTEMS.
Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C.
20971(a)) is amended by adding at the end the following new paragraph:
``(3) Ensuring compliance with operational security
standards.--The testing and certification of voting system
hardware and software carried out under this subtitle shall
test whether voting systems are in compliance with the
applicable standards developed by the Director of the National
Institute of Standards and Technology under title II of the
Election Infrastructure and Security Promotion Act of 2016 for
ensuring the operational security of voting systems, including
testing whether the components of voting systems meet the
component-specific security requirements and the system
interoperability requirements under such standards.''.
TITLE III--NATIONAL STANDARDS FOR TRANSPARENCY AND VERIFICATION OF
BALLOT COUNTING
SEC. 301. DEVELOPMENT OF STANDARDS.
(a) Development.--The Director of the National Institute of
Standards and Technology shall develop standards for ensuring that the
process by which ballots are counted in elections for Federal office is
transparent and permits voters to verify that votes in such elections
are counted correctly.
(b) Contents of Standards.--In developing standards under this
title, the Director shall ensure the following:
(1) Election officials will provide the public with
sufficient evidence to verify the results of an election for
Federal office, including through the establishment of tracking
procedures that permit members of the public to track the
ballots counted in the election, so long as such procedures
ensure the anonymity of the individuals who cast the ballots.
(2) All of the data used or produced by the relevant
components of a voting system used in an election for Federal
office.
(3) Election officials shall make all of the relevant
components of a voting system used in an election for Federal
office available to other parties (such as other officials of
the State, research organizations, and institutions of higher
education) to duplicate the testing procedures used to certify
the use of the system for use in such elections.
(c) Deadline; Updates.--
(1) Deadline for initial standards.--The Director shall
develop the standards under this title not later than 1 year
after the date of the enactment of this Act.
(2) Updates.--The Director may update the standards under
this title at such times as the Director considers appropriate.
(d) Relevant Components Defined.--In this section, the term
``relevant components'' means, with respect to a voting system, each
component of the system which is involved with counting ballots and
producing a tally of the ballots cast, including the source code, build
tools, build procedure documentation, test plans, test fixtures, and
software and hardware specifications.
SEC. 302. REQUIRING STATES TO COMPLY WITH STANDARDS IN ADMINISTRATION
OF ELECTIONS FOR FEDERAL OFFICE.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by section 202, is amended by adding at the end
the following new paragraph:
``(8) Compliance with transparency and ballot verification
standards.--In operating the voting system, the State shall
comply with the applicable standards developed by the Director
of the National Institute of Standards and Technology under
title III of the Election Infrastructure and Security Promotion
Act of 2016 for ensuring that the process by which ballots are
counted in elections for Federal office is transparent and
permits voters to verify that votes in such elections are
counted correctly.''.
TITLE IV--RESEARCH AND DEVELOPMENT
SEC. 401. INNOVATIVE ELECTION TECHNOLOGY RESEARCH AND DEVELOPMENT.
(a) In General.--The National Science Foundation, in cooperation
with the Defense Advanced Research Projects Agency, shall establish an
election technology innovation research and development program. Such
program--
(1) shall support the development of hardware and software
technologies and systems for marking ballots, scanning ballots,
aggregating tallies from counters, and electronic poll books;
and
(2) may also support research and development on other
elements of technology for voting, election administration,
auditing, and other election-critical operations.
(b) Requirements.--The National Science Foundation shall, to the
extent practicable and in consultation with the Election Assistance
Commission and the National Institute of Standards and Technology,
ensure that technologies developed through assistance provided under
this section--
(1) conform to any applicable standards and guidelines for
design and for data interoperability established by the
National Institute of Standards and Technology; and
(2) are made available for use by Federal, State, and local
governments at no cost.
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Election Infrastructure and Security Promotion Act of 2016 This bill directs the Department of Homeland Security (DHS) to: (1) designate voting systems used in the United States as critical infrastructure; (2) include threats of compromise, disruption, or destruction of voting systems in national planning scenarios; and (3) conduct a campaign to proactively educate local election officials about the designation of voting systems as critical infrastructure and election officials at all levels of government of voting system threats. In furtherance of local election official preparedness and response, DHS shall conduct research and development to mitigate the consequences of voting systems threats. DHS shall prepare and submit to Congress a comprehensive plan to protect and prepare the critical infrastructure of the voting systems used in the United States against threats, including from acts of terrorism. The National Institute of Standards and Technology (NIST) shall develop standards for ensuring the operational security of the voting systems used in elections for federal office. This bill amends the Help America Vote Act of 2002 to require a state, in operating the voting system, to comply with applicable standards for ensuring the operational security of voting systems. The testing and certification of voting systems hardware and software shall test whether voting systems are in compliance with applicable standards developed by NIST for ensuring the operational security of voting systems. NIST shall develop standards for ensuring that the process by which ballots are counted in elections for federal office is transparent and permits voters to verify that votes in such elections are counted correctly. States shall comply with applicable standards, in operating the voting system, for ensuring that the process by which ballots are counted in elections for federal office is transparent and permits voters to verify that votes in such elections are counted correctly. The National Science Foundation shall establish an election technology innovation research and development program.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rite of Passage Community Service
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The teenage years are a pivotal time of life, when
young people are making choices that will affect them for the
rest of their lives.
(2) The ways in which young people spend their time during
their teenage years may set them on a course of active
citizenship and engaged learning, or down a path of risky
behavior with the likelihood of failure.
(3) Research suggests that when young people see that they
are able to improve the lives of others they feel that they are
able to control and improve their own lives.
(4) If properly trained, organized, and supervised,
teenagers are a resource that can make a significant
contribution to their communities.
(5) Opportunities for volunteer service during the teenage
years could become a rite of passage for future generations.
(6) The National Academy of Sciences Report on Youth
Development concluded that ``the future well-being of the
country depends on raising generations of skilled, competent,
and responsible adults''.
(b) Purpose.--It is the purpose of this Act to--
(1) create a national network of service programs for
middle school students to serve in their communities after
school and during the summer;
(2) provide students with opportunities to serve in their
communities and participate in other programs such as workshops
in leadership development, public speaking, conflict
resolution, team-building, and other character-building
programs;
(3) provide young people an experience that reinforces
their connection to the community, enriches their education,
and strengthens their personal and civic values; and
(4) instill an ethic of service in young people which will
stay with them throughout their lifetimes.
SEC. 3. RITE OF PASSAGE COMMUNITY SERVICE PROGRAM.
(a) Establishment.--Section 122(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12572(a)) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following:
``(15) A community-based Rite of Passage after school and
summer service corps program that would offer young people--
``(A) the opportunity to perform service in their
communities;
``(B) the opportunity to participate in activities
that would provide training in leadership development,
public speaking, conflict resolution, team building,
and other critical skills;
``(C) service-learning curricula linked to academic
goals; and
``(D) the opportunity to work with older AmeriCorps
members who can organize service projects and act as
mentors.''.
(b) Eligibility.--Section 137 of such Act (42 U.S.C. 12591) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Special Rules for Rite of Passage Program.--An individual
shall be considered to be a participant in a Rite of Passage community-
based after school or summer service corps program described in section
122(a)(15) (42 U.S.C. 12591) that is carried out with assistance
provided under section 121(a) (42 U.S.C. 12571) if the individual--
``(1) satisfies the requirements of paragraphs (1), (2),
and (6) of subsection (a); and
``(2) is between the ages of 12 and 16, inclusive, at the
time the individual begins the term of service.''.
(c) Terms of Service.--Section 139(b) of such Act (42 U.S.C.
12593(b)) is amended by adding at the end the following:
``(4) Special rule for rite of passage program.--An
individual participating in a Rite of Passage community-based
after school or summer service corps program described in
section 122(a)(15) shall agree to participate in the program
for not less than 150 hours during a period of not less than 2
months and not more than 1 year.''.
(D) National Service Educational Award.--
(1) Special rule for rite of passage program.--Section 141
of such Act (42 U.S.C. 12595) is amended by adding at the end
the following:
``(c) Special Rule for Rite of Passage Program.--An individual
participating in a Rite of Passage community-based after school or
summer service corps program described in section 122(a)(15), upon
completion of the required 150 hours of service shall receive an
education award of $500.''.
(2) Eligible individuals.--Section 146 is amended--
(A) in subsection (a)(2) by striking ``or a program
described in section 122(a)(9);'' and inserting ``, a
program described in section 122(a)(9), or a program
described in section 122(a)(15);''; and
(B) in subsection (d)(2)--
(i) in subparagraph (A), by striking
``or'';
(ii) in subparagraph (B), by striking
``period.'' and inserting ``period; or''; and
(iii) by adding at the end the following:
``(C) participated in a program described in
section 12572(a).''.
SEC. 4. REPORT.
Not later than March 1 of each of the first 3 years following the
date of enactment of this Act, the Corporation for National and
Community Service shall transmit to the Congress a report and
evaluation of the program authorized by this Act.
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Rite of Passage Community Service Act - Amends the National and Community Service Act of 1990 to establish a Rite of Passage Community Service Program.
Requires such program to be a community-based after-school and summer service corps for eligible young people who are between the ages of 12 and 16, inclusive, at the time they begin such service. Requires such program to offer participants service-learning curricula linked to academic goals, as well as opportunities for: (1) service in their communities; (2) activities that train in certain critical skills; and (3) working with older AmeriCorps members who can organize service projects and act as mentors.
Requires each individual program participant to: (1) agree to participate in such after-school or summer program for at least 150 hours during a period of at least two months and not more than one year; and (2) receive a $500 education award upon completion of such required hours of service.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia House Voting
Rights Act of 2007''.
SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) In General.--Notwithstanding any other provision of law, the
District of Columbia shall be considered a Congressional district for
purposes of representation in the House of Representatives.
(b) Conforming Amendments Relating to Apportionment of Members of
House of Representatives.--
(1) Inclusion of single district of columbia member in
reapportionment of members among states.--Section 22 of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929 (2 U.S.C.
2a), is amended by adding at the end the following new
subsection:
``(d) This section shall apply with respect to the District of
Columbia in the same manner as this section applies to a State, except
that the District of Columbia may not receive more than one Member
under any reapportionment of Members.''.
(2) Clarification of determination of number of
presidential electors on basis of 23rd amendment.--Section 3 of
title 3, United States Code, is amended by striking ``come into
office;'' and inserting the following: ``come into office
(subject to the twenty-third article of amendment to the
Constitution of the United States in the case of the District
of Columbia);''.
SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Permanent Increase in Number of Members.--Effective with
respect to the One Hundred Tenth Congress and each succeeding Congress,
the House of Representatives shall be composed of 437 Members,
including any Members representing the District of Columbia pursuant to
section 2(a).
(b) Reapportionment of Members Resulting From Increase.--
(1) In general.--Section 22(a) of the Act entitled ``An Act
to provide for the fifteenth and subsequent decennial censuses
and to provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended
by striking ``the then existing number of Representatives'' and
inserting ``the number of Representatives established with
respect to the One Hundred Tenth Congress''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regular decennial census
conducted for 2010 and each subsequent regular decennial
census.
(c) Special Rules for Period Prior to 2012 Reapportionment.--
(1) Transmittal of revised statement of apportionment by
president.--Not later than 30 days after the date of the
enactment of this Act, the President shall transmit to Congress
a revised version of the most recent statement of apportionment
submitted under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and
to provide for apportionment of Representatives in Congress'',
approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account
this Act and the amendments made by this Act.
(2) Report by clerk.--Not later than 15 calendar days after
receiving the revised version of the statement of apportionment
under paragraph (1), the Clerk of the House of Representatives,
in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)),
shall send to the executive of each State a certificate of the
number of Representatives to which such State is entitled under
section 22 of such Act, and shall submit a report to the
Speaker of the House of Representatives identifying the State
(other than the District of Columbia) which is entitled to one
additional Representative pursuant to this section.
(3) Requirements for election of additional member.--During
the One Hundred Tenth Congress, the One Hundred Eleventh
Congress, and the One Hundred Twelfth Congress--
(A) notwithstanding the final undesignated
paragraph of the Act entitled ``An Act for the relief
of Doctor Ricardo Vallejo Samala and to provide for
congressional redistricting'', approved December 14,
1967 (2 U.S.C. 2c), the additional Representative to
which the State identified by the Clerk of the House of
Representatives in the report submitted under paragraph
(2) is entitled shall be elected from the State at
large; and
(B) the other Representatives to which such State
is entitled shall be elected on the basis of the
Congressional districts in effect in the State for the
One Hundred Ninth Congress.
SEC. 4. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act, or any amendment made by this Act, is
declared or held invalid or unenforceable, the remaining provisions of
this Act and any amendment made by this Act shall be treated and deemed
invalid and shall have no force or effect of law.
SEC. 5. ADJUSTMENT OF ESTIMATED TAX PAYMENT SAFE HARBOR FOR INDIVIDUAL
TAXPAYERS WITH ADJUSTED GROSS INCOME GREATER THAN $5
MILLION.
(a) In General.--Subparagraph (C) of section 6654(d)(1) of the
Internal Revenue Code of 1986 (relating to limitation on use of
preceding year's tax) is amended by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and by inserting after
clause (i) the following new clause:
``(ii) Individual adjusted gross income
greater than $5,000,000.--If the adjusted gross
income shown on the return of the individual
for such preceding taxable year exceeds
$5,000,000, clause (i) shall be applied by
substituting `110.1' for `110' in the last row
of the table therein.''.
(b) Separate Returns.--Clause (iii) of section 6654(d)(1)(C) of
such Code, as redesignated by subsection (a), is amended by inserting
``and clause (ii) shall be applied by substituting `$2,500,000' for
`$5,000,000''' before the period at the end.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
Passed the House of Representatives April 19, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
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District of Columbia House Voting Rights Act of 2007 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives.
Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members.
Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District.
Increases membership of the House from 435 to 437 Members beginning with the 110th Congress and each succeeding Congress.
Provides for a reapportionment of Members resulting from such increase.
Prescribes a procedure for identifying the additional Representative to which a state other than the District of Columbia shall be entitled under this Act. Requires election at large of such additional Representative.
Amends the Internal Revenue Code to increase (from 110% to 110.1%) the estimated tax payment safe harbor percentage for determining the amount of estimated tax payable by individual taxpayers whose adjusted gross income for the preceding taxable year exceeds $5 million.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Competition Preservation Act
of 2001''.
SEC. 2. OVERSIGHT OF AIR CARRIER PRICING.
(a) In General.--Chapter 415 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41512. Oversight of air carrier pricing
``(a) Effective Date.--
``(1) In general.--This section shall take effect
immediately upon a determination by the Secretary of
Transportation that 3 or fewer air carriers account for 70
percent or more of the scheduled revenue passenger miles in
interstate air transportation as a result of--
``(A) the consolidation or merger of the properties
(or a substantial portion of the properties) of 2 or
more of the 7 air carriers that account for the highest
number of scheduled revenue passenger miles in
interstate air transportation into a single entity that
owns or operates the properties previously in separate
ownership; or
``(B) the acquisition (by purchase, lease, or
contract to operate) of the properties (or a
substantial portion of the properties) of 1 or more of
the 7 air carriers described in subparagraph (A) by
another of such carriers.
``(2) Use of data.--For the purpose of determining the
number of scheduled revenue passenger miles under paragraph
(1), the Secretary shall use data from the latest year for
which complete data is available.
``(3) Determination of air carrier concentration.--In
making a determination under paragraph (1), the Secretary shall
attribute to an air carrier those scheduled revenue passenger
miles in interstate air transportation of the air carrier that
is consolidated, merged, or acquired that are associated with
routes adopted by the remaining carrier.
``(b) Fares of Air Carriers.--
``(1) In general.--On the initiative of the Secretary or on
a complaint filed with the Secretary, the Secretary may
undertake an investigation to determine whether an air carrier
is charging a fare or an average fare for interstate air
transportation on a route that is unreasonably high.
``(2) Considerations.--In determining whether a fare or an
average fare of an air carrier for interstate air
transportation on a route is unreasonably high, the Secretary
shall consider, among other factors, whether--
``(A) the fare or average fare is higher than the
fare or average fare charged by the carrier on other
routes in interstate air transportation of comparable
distances;
``(B) the fare or average fare has increased by a
significant amount in excess of any increase in the
cost to operate flights on the route; and
``(C) the range of fares specified on the route or
the carrier's entire fare system offers a reasonable
balance and a fair allocation of costs between
passengers who are primarily price sensitive and
passengers who are primarily time sensitive.
``(3) Actions in response to unreasonable fares.--If the
Secretary determines that an air carrier is charging a fare or
an average fare for interstate air transportation on a route
that is unreasonably high, the Secretary, after providing the
carrier an opportunity for a hearing, may order the carrier--
``(A) to reduce the fare;
``(B) to offer the reduced fare for a specific
number of seats on the route; and
``(C) to offer rebates to individuals who have been
charged the fare.
``(4) Period of effectiveness of order.--An order issued by
the Secretary under this subsection shall remain in effect for
a period to be determined by the Secretary.
``(c) Actions of Dominant Air Carriers in Response to New
Entrants.--If, with respect to a route in interstate air transportation
to or from a hub airport, a dominant air carrier at the airport--
``(1) institutes or changes its fares for air
transportation on the route in a manner that results in fares
that are lower than or comparable to the fares offered by a new
entrant air carrier for such air transportation; and
``(2) increases the passenger capacity at which such fares
are offered on the route to a level which is--
``(A) 2 or more times the capacity previously
offered by the carrier at such fares on the route; and
``(B) 2 or more times the total capacity offered by
the new entrant air carrier on the route, the dominant
air carrier, in the 2-year period beginning on the date that such fares
and additional capacity are instituted, shall continue to offer such
fares with respect to not less than 80 percent of the highest number of
seats per week for which the dominant air carrier has offered the
fares.
``(d) Ensuring Competition at Hub Airports.--
``(1) In general.--On the initiative of the Secretary or on
a complaint filed with the Secretary, the Secretary may
undertake an investigation to determine whether a dominant air
carrier at a hub airport is charging higher than average fares
at the airport.
``(2) Higher than average fares.--For purposes of paragraph
(1), the Secretary may determine that a dominant air carrier is
charging higher than average fares at a hub airport if the
carrier is charging, with respect to 20 percent or more of its
routes in interstate air transportation that begin or end at
the airport, an average fare that is at least 5 percent higher
than the average fare being charged by all air carriers on
routes in interstate air transportation of comparable distances
and density, after adjustments for costs that are carrier or
airport specific, such as passenger facility charges or
employee compensation.
``(3) Actions in response to unfair competition.--If the
Secretary determines under paragraph (1) that a dominant air
carrier is charging higher than average fares at a hub airport,
the Secretary, after providing the carrier an opportunity for a
hearing, may order the carrier to take actions to increase
opportunities for competition at the hub airport, including--
``(A) requiring the carrier to make gates, slots,
and other airport facilities available to other air
carriers on reasonable and competitive terms;
``(B) requiring adjustments in the commissions paid
by the carrier to travel agents;
``(C) requiring adjustments in the carrier's
frequent flyer program; and
``(D) requiring adjustments in the carrier's
corporate discount arrangements and comparable
corporate arrangements.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Dominant air carrier.--The term `dominant air
carrier', with respect to a hub airport, means an air carrier
that accounts for more than 50 percent of the total annual
boardings at the airport in the preceding 2-year period or a
shorter period specified in paragraph (3).
``(2) Hub airport.--The term `hub airport' means an airport
that each year has at least .25 percent of the total annual
boardings in the United States.
``(3) Interstate air transportation.--The term `interstate
air transportation' includes intrastate air transportation.
``(4) New entrant air carrier.--The term `new entrant air
carrier', with respect to a hub airport, means an air carrier
that accounts for less than 5 percent of the total annual
boardings at the airport in the preceding 2-year period or in a
shorter period specified by the Secretary if the carrier has
operated at the airport less than 2 years.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``41512. Oversight of air carrier pricing.''.
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Airline Competition Preservation Act of 2001 - Amends Federal transportation law to authorize the Secretary of Transportation, on his own initiative or on a complaint, to: (1) investigate whether an air carrier is charging an unreasonably high fare or an average fare for interstate air transportation on a route; and (2) upon an affirmative finding, order the carrier to reduce the fare, offer the reduced fare for a specific number of seats on the route, and offer rebates to individuals who have been charged the fare.Prescribes fare offering requirements for a dominant air carrier (which accounts for more than 50 percent of total annual boardings) that institutes or changes its fares with respect to a route in interstate air transportation to or from a hub airport in a manner that: (1) results in fares lower than or comparable to fares offered by a new entrant air carrier; and (2) increases the passenger capacity at which such fares are offered on the route to a level two or more times the capacity previously offered by the air carrier at such fares on the route, and two or more times the total capacity offered by the new entrant air carrier on the route. Requires such a dominant air carrier to continue (in the two-year period beginning on the date that such fares and additional capacity are instituted) to offer such fares with respect to not less than 80 percent of the highest number of seats per week for which the dominant air carrier has offered them.Authorizes the Secretary, on his own initiative or on complaint, to: (1) investigate whether a dominant air carrier at a hub airport is charging higher than average fares at the airport; and (2) upon an affirmative finding, order the carrier to take specified actions to increase opportunities for competition at the hub airport.Makes this Act effective immediately upon the Secretary's determination that three or fewer air carriers account for 70 percent or more of the scheduled revenue passenger miles in interstate air transportation as a result of specified consolidations, mergers, or acquisitions.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuels for Energy Security
Act of 2001''.
SEC. 2. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.
(a) Definitions.--In this section:
(1) Biodiesel.--The term ``biodiesel'' means mono alkyl
esters of long chain fatty acids derived from renewable liquid
sources such as vegetable oils or animal fats, for use in
compression-ignition (diesel) engines.
(2) Biogas.--The term ``biogas'' means gas produced from a
biogas source.
(3) Biogas source.--The term ``biogas source'' means--
(A) a landfill;
(B) a sewage waste treatment plant;
(C) a feedlot; and
(D) any other accumulation of decaying organic
material.
(4) Biomass.--
(A) In general.--The term ``biomass'' means
lignocellulosic or hemicellulosic matter that is
available on a renewable basis.
(B) Inclusions.--The term ``biomass'' includes--
(i) dedicated energy crops and trees;
(ii) wood and wood residues;
(iii) plants;
(iv) grasses;
(v) agricultural commodities and residues;
(vi) fibers; and
(vii) animal waste, municipal solid waste,
and other waste.
(5) Biomass ethanol.--The term ``biomass ethanol'' means
ethanol derived from biomass.
(6) Renewable fuel.--The term ``renewable fuel'' means fuel
that--
(A) is--
(i) biodiesel;
(ii) ethanol or any other liquid fuel
produced from biomass; or
(iii) biogas; and
(B) is used to reduce the quantity of fossil fuel
present in a fuel mixture used to operate a motor
vehicle.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Renewable Fuel Program.--
(1) Program requirements.--The motor vehicle fuel sold or
introduced into commerce in the United States in calendar year
2002 or any calendar year thereafter by a refiner, blender, or
importer shall, on a 6-month average basis, be comprised of a
quantity of renewable fuel, measured in gasoline-equivalent
gallons (as determined by the Secretary), that is not less than
the applicable percentage by volume for the 6-month period.
(2) Applicable percentage.--
(A) In general.--For the purposes of paragraph (1),
the applicable percentage for a 6-month period of a
calendar year shall be determined in accordance with
the following table, unless modified under subparagraph
(B):
Calendar year: Applicable percentage of renewable
fuel:
2002.......................................... .8
2003.......................................... .9
2004.......................................... 1.1
2005.......................................... 1.3
2006.......................................... 1.5
2007.......................................... 1.7
2008.......................................... 2.0
2009.......................................... 2.3
2010.......................................... 2.6
2011.......................................... 3.0
2012.......................................... 3.42
2013.......................................... 3.84
2014.......................................... 4.24
2015.......................................... 4.63
2016 and thereafter........................... 5.00.
(B) Adjustments to applicable percentage.--On
petition by a State, the Secretary, in consultation
with the Secretary of Agriculture, may lower the
applicable percentage specified in subparagraph (A) for
a period of 1 calendar year with respect to motor
vehicle fuel sold or introduced into commerce in the
State, based on a determination by the Secretary, after
public notice and opportunity for comment, that during
the calendar year there is likely to be an inadequate
domestic supply or distribution capacity in the State
to meet the applicable percentage specified in
subparagraph (A) for the calendar year.
(C) Petitions for adjustment.--
(i) Submission.--A State shall submit a
petition under subparagraph (B) not later than
September 1 of the year preceding the calendar
year for which the adjustment is sought.
(ii) Action on petitions.--The Secretary,
in consultation with the Secretary of
Agriculture, shall approve or deny a State
petition before the beginning of the calendar
year.
(c) Credit Program.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations providing for the generation of an appropriate
amount of credits by a person that refines, blends, or imports
motor vehicle fuel that contains, on a 6-month average basis, a
quantity of renewable fuel that is greater than the quantity
required for that 6-month period under subsection (b).
(2) Use of credits.--A person that generates credits under
paragraph (1) may use the credits, hold the credits for later
use, or transfer all or a portion of the credits to another
person, for the purpose of complying with subsection (b).
(3) Expiration of credits.--A credit generated under this
subsection shall expire 2 years after the date on which the
credit was generated.
(4) Inability to purchase sufficient credits.--The
regulations under paragraph (1) shall include provisions
allowing a refiner, blender, or importer that is unable to
purchase sufficient credits to meet the requirements of
subsection (b) to enter into an enforceable agreement to
generate or purchase sufficient credits to make up for any
deficiency within a period of time specified in the agreement.
(5) Testing; reports.--The regulations under paragraph (1)
may include provisions requiring a refiner, blender, or
importer--
(A) to conduct tests to ascertain the composition
of fuels for the purpose of compliance with subsection
(b); and
(B) to submit to the Secretary periodic reports on
the composition of the fuels refined, blended, or
imported.
(d) Civil Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--The Secretary may impose against a
person that fails to comply with subsection (b) or with
a regulation under subsection (c) a civil penalty in
the amount of--
(i) not more than $25,000 for each day of
the failure to comply; plus
(ii) the amount of economic benefit
realized by the person as a result of the
failure to comply.
(B) Averaging period.--Any failure to comply with
respect to a regulation under subsection (c) that
establishes a regulatory requirement based on an
averaging period shall constitute a separate day of
failure of compliance for each day of the averaging
period.
(2) Enforcement.--The Secretary may bring a civil action in
United States district court for--
(A) an order enjoining a failure to comply with
subsection (b) or with a regulation under subsection
(c); and
(B) other appropriate relief.
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Renewable Fuels for Energy Security Act of 2001 - Sets forth requirements for a renewable fuel program under which the motor vehicle fuel placed into commerce by a refiner, blender, or importer shall be composed of renewable fuel measured according to a statutory formula for specified calendar years.Establishes civil penalties for non-compliance with such program.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Travel Act of 1995''.
SEC. 2. TRAVEL TO FOREIGN COUNTRIES.
(a) Freedom of Travel for United States Citizens and Legal
Residents.--The President shall not restrict travel abroad by United
States citizens or legal residents, except to countries with which the
United States is at war, where armed hostilities are in progress, or
where there is imminent danger to the public health or the physical
safety of United States travelers.
(b) International Emergency Economic Powers Act.--Section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is
amended--
(1) by striking ``or'' at the end of paragraphs (2) and
(3); and
(2) by amending paragraph (4) to read as follows:
``(4) any of the following transactions incident to travel
by individuals who are citizens or residents of the United
States:
``(A) any transactions ordinarily incident to
travel to or from any country, including the
importation into a country or the United States of
accompanied baggage for personal use only;
``(B) any transactions ordinarily incident to
travel or maintenance within any country, including the
payment of living expenses and the acquisition of goods
or services for personal use;
``(C) any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to,
from, or within a country;
``(D) any transactions incident to nonscheduled
air, sea, or land voyages, except that this
subparagraph does not authorize the carriage of
articles into a country except accompanied baggage; and
``(E) normal banking transactions incident to the
activities described in the preceding provisions of
this paragraph, including the issuance, clearing,
processing, or payment of checks, drafts, travelers
checks, credit or debit card instruments, or similar
instruments;
except that this paragraph does not authorize the importation
into the United States of any goods for personal consumption
acquired in another country other than those items described in
paragraphs (1) and (3); or''.
(c) Amendments to Trading With the Enemy Act.--Section 5(b) of the
Trading With the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding
at the end the following new paragraph:
``(5) The authority granted by the President in this section does
not include the authority to regulate or prohibit, directly or
indirectly, any of the following transactions incident to travel by
individuals who are citizens or residents of the United States:
``(A) Any transactions ordinarily incident to travel to or
from any country, including importation into a country or the
United States of accompanied baggage for personal use only.
``(B) Any transactions ordinarily incident to travel or
maintenance within any country, including the payment of living
expenses and the acquisition of goods or services for personal
use.
``(C) Any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to, from, or
within a country.
``(D) Any transactions incident to nonscheduled air, sea,
or land voyages, except that this subparagraph does not
authorize the carriage of articles into a country except
accompanied baggage.
``(E) Normal banking transactions incident to the
activities described in the preceding provisions of this
paragraph, including the issuance, clearing, processing, or
payment of checks, drafts, travelers checks, credit or debit
card instruments, negotiable instruments, or similar
instruments.
This paragraph does not authorize the importation into the United
States of any goods for personal consumption acquired in another
country other than those items described in paragraph (4).''.
SEC. 3. EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES AND EXCHANGES.
(a) International Emergency Economic Powers Act.--Section 203(b) of
the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) is
amended by adding after paragraph (4) the following new paragraph:
``(5) financial or other transactions, or travel, incident
to--
``(A) activities of scholars;
``(B) other educational or academic activities;
``(C) exchanges in furtherance of any such
activities;
``(D) cultural activities and exchanges; or
``(E) public exhibitions or performances by the
nationals of one country in another country,
to the extent that any such activities, exchanges, exhibitions,
or performances are not otherwise controlled for export under
section 5 of the Export Administration Act of 1979 and to the
extent that, with respect to such activities, exchanges,
exhibitions, or performances, no acts are prohibited by chapter
37 of title 18, United States Code.''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading With
the Enemy Act (50 U.S.C. App. 5(b)) is amended by adding at the end the
following new paragraph:
``(6) The authority granted to the President in this subsection
does not include the authority to regulate or prohibit, directly or
indirectly, financial or other transactions, or travel, incident to--
``(A) activities of scholars;
``(B) other educational or academic activities;
``(C) exchanges in furtherance of any such activities;
``(D) cultural activities and exchanges; or
``(E) public exhibitions or performances by the nationals
of one country in another country,
to the extent that any such activities, exchanges, exhibitions, or
performances are not otherwise controlled for export under section 5 of
the Export Administration Act of 1979 and to the extent that, with
respect to such activities, exchanges, exhibitions, or performances, no
acts are prohibited by chapter 37 of title 18, United States Code.''.
SEC. 4. FOREIGN ASSISTANCE ACT OF 1961.
Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)) is amended by adding at the end thereof the following:
``(3) Notwithstanding paragraph (1), the authority granted to the
President in such paragraph does not include the authority to regulate
or prohibit, directly or indirectly, any activities or transactions
which may not be regulated or prohibited under paragraph (5) or (6) of
section 5(b) of the Trading With the Enemy Act.''.
SEC. 5. APPLICABILITY.
(a) International Economic Emergency Powers Act.--The amendments
made by sections 2(a) and 3(a) apply to actions taken by the President
under section 203 of the International Emergency Economic Powers Act
before the date of the enactment of this Act which are in effect on
such date of enactment, and to actions taken under such section on or
after such date.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act, which were
being exercised with respect to a country on July 1, 1977, as a result
of a national emergency declared by the President before such date, and
are being exercised on the date of the enactment of this Act, do not
include the authority to regulate or prohibit, directly or indirectly,
any activity which under section 5(b)(5) or (6) of the Trading With the
Enemy Act (as added by this Act) may not be regulated or prohibited.
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Freedom to Travel Act of 1995 - Prohibits the President from restricting U.S. citizens or legal residents from traveling abroad, except to countries with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or physical safety of U.S. travelers.
Revises the areas which the President is expressly denied authority to regulate or prohibit under the International Emergency Economic Powers Act. Adds to such areas specifically excluded from Presidential regulatory authority: (1) normal banking transactions incident to specified travel activities, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments; and (2) financial or other transactions, or travel, incident to activities of scholars, educational or academic activities, exchanges, cultural activities, and public exhibitions or performances by the nationals of one country in another country, with exceptions.
Adds similar provisions restricting presidential authority to regulate or prohibit transactions incident to travel by U.S. citizens or residents under the Trading With the Enemy Act.
Amends the Foreign Assistance Act of 1961 to state the Presidential authority under such Act does not include authority to regulate activities which may not be regulated under specified provisions of the Trading With the Enemy Act.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cost of Services and Translations
Act'' or the ``COST Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to create a new appendix within each agency's annual
performance and accountability report detailing any cost
associated with providing multilingual services, such as
verbal, written, or other services in languages other than
English;
(2) to end speculation on the current cost of providing
multilingual services;
(3) to provide for more transparency in the Federal
Government's accounting practices, and to determine the
effectiveness of agency programs, policies, and procedures; and
(4) to provide for more accountability with the use of
taxpayer money.
SEC. 3. MULTILINGUAL SERVICES ACCOUNTING INFORMATION REQUIREMENT.
(a) Multilingual Services Accounting Information.--Chapter 9 of
title 31, United States Code, is amended--
(1) in section 902(a)(6)--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) effective for each of the fiscal years
beginning on or after October 1, 2015, the multilingual
services accounting information of the agency for such
fiscal year in accordance with the guidance issued
under section 3517 of this title and the procedures of
OMB Circular No. A-11, part 6 (as in effect on the date
of the enactment of this subparagraph) and OMB Circular
No. A-136 (as in effect on the date of the enactment of
this subparagraph); and''; and
(2) by adding at the end the following:
``Sec. 904. Definitions.
``In this chapter:
``(1) Multilingual services.--The term `multilingual
services' includes--
``(A) the services provided by interpreters hired
by an agency;
``(B) the services provided by an agency associated
with assisting agency employees or contractors learn a
language other than English that result in additional
expenses, wages, or salaries, or changes to expenses,
wages, or salaries, for the agency or agency employees
or contractors;
``(C) agency preparation, translation, printing, or
recordation of documents, records, Web sites,
brochures, pamphlets, flyers, or other materials in a
language other than English;
``(D) the services provided or performed for the
Federal Government by agency employees or contractors
that require speaking a language other than English
that result in wage differentials or benefits provided
by the agency; and
``(E) any other services provided or performed by
an agency which utilize languages other than English
and that incur additional costs to the agency.
``(2) Multilingual services accounting information.--The
term `multilingual services accounting information' means any
accounting information related to multilingual services.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 9 of title 31, United States Code, is amended by adding
after the item relating to section 903 the following:
``904. Definitions.''.
SEC. 4. MULTILINGUAL SERVICES EXPENSES REPORT.
(a) Multilingual Services Expenses Report.--Subchapter II of
chapter 35 of title 31, United States Code is amended--
(1) in section 3512(a)(2)--
(A) by striking ``and'' at the end of subparagraph
(E);
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) effective for the first full calendar year
beginning after December 31, 2015, and for each
calendar year thereafter, a Multilingual Services
Expenses Report, which shall include--
``(i) a summary and analysis of the
multilingual services accounting information
(as defined in section 904 of this title)
prepared by each agency Chief Financial Officer
under section 902(a)(6)(E) of this title;
``(ii) a description of any changes to the
existing financial management structure of the
Federal Government needed to establish an
integrated individual agency accounting of all
multilingual services (as defined in section
904 of this title) conducted by each agency;
and
``(iii) any other information the Director
considers appropriate to fully inform the
Congress and the agency Chief Financial
Officers regarding the accounting of all
multilingual services provided by the Federal
Government; and''; and
(2) by adding at the end the following:
``Sec. 3517. Multilingual Services Accounting Guidelines.
``Not later than 180 days after the date of the enactment of this
section, the Director of the Office of Management and Budget shall
issue guidance that each agency Chief Financial Officer shall follow in
compiling the multilingual services accounting information required
under section 902(a)(6)(E) of this title.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 35 of title 31, United States Code, is amended by adding
after the item relating to section 3516 the following:
``3517. Multilingual Services Accounting Guidelines.''.
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Cost of Services and Translations Act or the COST Act Requires federal agency Chief Financial Officers to include multilingual services accounting information in their mandatory annual reports to the agency head and to the Office of Management and Budget (OMB). Defines multilingual services to include: (1) services provided by interpreters hired by an agency; (2) services resulting in additional expenses which an agency provides to assist its employees or contractors to learn a non-English language; (3) agency preparation, translation, printing, or recordation of materials in a language other than English; and (4) services provided or performed for the federal government by agency employees or contractors that require speaking a non-English language that result in wage differentials or benefits provided by the agency. Requires the annual financial management status report of the OMB to certain congressional committees to contain a Multilingual Services Expenses Report that includes: (1) a summary and analysis of the multilingual services accounting information prepared by each agency Chief Financial Officer, and (2) a description of any changes to the existing financial management structure of the federal government needed to establish an integrated individual agency accounting of all multilingual services conducted by each agency. Requires the OMB to issue guidance that an agency Chief Financial Officer must follow in compiling multilingual services accounting information.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Firefighters Fairness Act of
2017''.
SEC. 2. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE OF
DISABILITY OR DEATH FOR FEDERAL EMPLOYEES IN FIRE
PROTECTION ACTIVITIES.
(a) Definition.--Section 8101 of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (19);
(2) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(3) by adding at the end the following:
``(21) `employee in fire protection activities' means a
firefighter, paramedic, emergency medical technician, rescue
worker, ambulance personnel, or hazardous material worker,
who--
``(A) is trained in fire suppression;
``(B) has the legal authority and responsibility to
engage in fire suppression;
``(C) is engaged in the prevention, control, and
extinguishment of fires or response to emergency
situations where life, property, or the environment is
at risk; and
``(D) performs such activities as a primary
responsibility of his or her job.''.
(b) Presumption Relating to Employees in Fire Protection
Activities.--Section 8102 of title 5, United States Code, is amended by
adding at the end the following:
``(c)(1) With regard to an employee in fire protection activities,
a disease specified in paragraph (3) shall be presumed to be
proximately caused by the employment of such employee, subject to the
length of service requirements specified. The disability or death of an
employee in fire protection activities due to such a disease shall be
presumed to result from personal injury sustained while in the
performance of such employee's duty. Such presumptions may be rebutted
by a preponderance of the evidence.
``(2) Such presumptions apply only if the employee in fire
protection activities is diagnosed with the disease for which
presumption is sought within 10 years of the last active date of
employment as an employee in fire protection activities.
``(3) The following diseases shall be presumed to be proximately
caused by the employment of the employee in fire protection activities:
``(A) If the employee has been employed for a minimum of 5
years in aggregate as an employee in fire protection
activities:
``(i) Heart disease.
``(ii) Lung disease.
``(iii) The following cancers:
``(I) Brain cancer.
``(II) Cancer of the blood or lymphatic
systems.
``(III) Leukemia.
``(IV) Lymphoma (except Hodgkin's disease).
``(V) Multiple myeloma.
``(VI) Bladder cancer.
``(VII) Kidney cancer.
``(VIII) Testicular cancer.
``(IX) Cancer of the digestive system.
``(X) Colon cancer.
``(XI) Liver cancer.
``(XII) Skin cancer.
``(XIII) Lung cancer.
``(iv) Any other cancer the contraction of which
the Secretary of Labor through regulations determines
to be related to the hazards to which an employee in
fire protection activities may be subject.
``(B) Regardless of the length of time an employee in fire
protection activities has been employed, any uncommon
infectious disease, including but not limited to tuberculosis,
hepatitis A, B, or C, the human immunodeficiency virus (HIV),
and any other uncommon infectious disease the contraction of
which the Secretary of Labor through regulations determines to
be related to the hazards to which an employee in fire
protection activities may be subject.''.
(c) Report.--Not later than 5 years after the date of enactment of
this Act, the National Institute of Occupational Safety and Health in
the Centers for Disease Control and Prevention shall examine the
implementation of this Act and appropriate scientific and medical data
related to the health risks associated with firefighting and submit to
Congress a report which shall include--
(1) an analysis of the injury claims made under this Act;
(2) an analysis of the available research related to the
health risks associated with firefighting; and
(3) recommendations for any administrative or legislative
actions necessary to ensure that those diseases most associated
with firefighting are included in the presumption created by
this Act.
(d) Effective Date.--The amendment made by this section applies to
an injury that is first diagnosed or a death that occurs, on or after
the date of enactment of this Act.
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Federal Firefighters Fairness Act of 2017 This bill provides that: (1) heart disease, lung disease, and specified cancers of federal employees employed in fire protection activities for a minimum of 5 years shall be presumed to be proximately caused by such employment if an employee is diagnosed with any such disease within 10 years of the last active date of employment in fire protection activities; (2) the disability or death of such an employee due to any such disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. These presumptions shall also apply to fire protection employees who contract any uncommon infectious disease, including but not limited to tuberculosis, hepatitis A, B, or C, or the human immunodeficiency virus (HIV), regardless of length of employment. The bill defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility. The National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention must examine the implementation of this bill and appropriate scientific and medical data related to the health risks associated with firefighting.
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Give a brief overview of the following text: 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), 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''; and
(B) by adding at the end the following: ``Such
individual shall not receive compensation from holding
that office during the period that the individual acts
as 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 title 3, United States
Code, is amended--
(1) in subsection (b), by striking ``as Acting President''
and inserting ``to act as President''; and
(2) 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.
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.
It is the sense of Congress 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.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Fiscal
Operations Improvement Act of 2000''.
TITLE I--LIBRARY OF CONGRESS REVOLVING FUNDS
SEC. 101. REVOLVING FUND FOR AUDIO AND VIDEO DUPLICATION SERVICES
ASSOCIATED WITH AUDIOVISUAL CONSERVATION CENTER.
(a) Establishment.--There is hereby established in the Treasury a
revolving fund for audio and video duplication and delivery services
provided by the Librarian of Congress (hereafter in this Act referred
to as the ``Librarian'') which are associated with the national
audiovisual conservation center established under the Act entitled ``An
Act to authorize acquisition of certain real property for the Library
of Congress, and for other purposes'', approved December 15, 1997
(Public Law 105-144; 2 U.S.C. 141 note).
(b) Fees for Services.--The Librarian may charge a fee for
providing services described in subsection (a), and shall deposit any
such fees charged into the revolving fund under this section.
(c) Contents of Fund.--
(1) In general.--The revolving fund under this section shall
consist of the following amounts:
(A) Amounts deposited by the Librarian under subsection
(b).
(B) Any other amounts received by the Librarian which are
attributable to the services described in subsection (a).
(C) Amounts deposited by the Librarian under paragraph (2).
(D) Such other amounts as may be appropriated under law.
(2) Deposit of funds during transition.--The Librarian shall
transfer to the revolving fund under this section the following:
(A) Any obligated, unexpended balances existing as of the
date of the transfer which are attributable to the services
described in subsection (a).
(B) An amount equal to the difference as of such date
between--
(i) the total value of the supplies, inventories,
equipment, gift fund balances, and other assets
attributable to such services; and
(ii) the total value of the liabilities attributable to
such services.
(d) Use of Amounts in Fund.--Amounts in the revolving fund under
this section shall be available to the Librarian, in amounts specified
in appropriations Acts and without fiscal year limitation, to carry out
the services described in subsection (a).
SEC. 102. REVOLVING FUND FOR GIFT SHOP, DECIMAL CLASSIFICATION, PHOTO
DUPLICATION, AND RELATED SERVICES.
(a) Establishment.--There is hereby established in the Treasury a
revolving fund for the following programs and activities of the
Librarian:
(1) Decimal classification development.
(2) The operation of a gift shop or other sales of items
associated with collections, exhibits, performances, and special
events of the Library of Congress.
(3) Document reproduction and microfilming services.
(b) Individual Accounting Requirement.--A separate account shall be
maintained in the revolving fund under this section with respect to the
programs and activities described in each of the paragraphs of
subsection (a).
(c) Fees for Services.--The Librarian may charge a fee for services
under any of the programs and activities described in subsection (a),
and shall deposit any such fees charged into the account of the
revolving fund under this section for such program or activity.
(d) Contents of Accounts in Fund.--
(1) In general.--Each account of the revolving fund under this
section shall consist of the following amounts:
(A) Amounts deposited by the Librarian under subsection
(c).
(B) Any other amounts received by the Librarian which are
attributable to the programs and activities covered by such
account.
(C) Amounts deposited by the Librarian under paragraph (2).
(D) Such other amounts as may be appropriated under law.
(2) Deposit of funds during transition.--The Librarian shall
transfer to each account of the revolving fund under this section
the following:
(A) Any obligated, unexpended balances existing as of the
date of the transfer which are attributable to the programs and
activities covered by such account.
(B) An amount equal to the difference as of such date
between--
(i) the total value of the supplies, inventories,
equipment, gift fund balances, and other assets
attributable to such programs and activities; and
(ii) the total value of the liabilities attributable to
such programs and activities.
(e) Use of Amounts.--Amounts in the accounts of the revolving fund
under this section shall be available to the Librarian, in amounts
specified in appropriations Acts and without fiscal year limitation, to
carry out the programs and activities covered by such accounts.
SEC. 103. REVOLVING FUND FOR FEDLINK PROGRAM AND FEDERAL RESEARCH
PROGRAM.
(a) Establishment.--There is hereby established in the Treasury a
revolving fund for the Federal Library and Information Network program
(hereafter in this Act referred to as the ``FEDLINK program'') of the
Library of Congress (as described in subsection (f)(1)) and the Federal
Research program of the Library of Congress (as described in subsection
(f)(2)).
(b) Individual Accounting Requirement.--A separate account shall be
maintained in the revolving fund under this section with respect to the
programs described in subsection (a).
(c) Fees for Services.--
(1) In general.--The Librarian may charge a fee for services
under the FEDLINK program and the Federal Research program, and
shall deposit any such fees charged into the account of the
revolving fund under this section for such program.
(2) Advances of funds.--Participants in the FEDLINK program and
the Federal Research program shall pay for products and services of
the program by advance of funds--
(A) if the Librarian determines that amounts in the
Revolving Fund are otherwise insufficient to cover the costs of
providing such products and services; or
(B) upon agreement between participants and the Librarian.
(d) Contents of Fund.--
(1) In general.--Each account of the revolving fund under this
section shall consist of the following amounts:
(A) Amounts deposited by the Librarian under subsection
(c).
(B) Any other amounts received by the Librarian which are
attributable to the program covered by such account.
(C) Amounts deposited by the Librarian under paragraph (2).
(D) Such other amounts as may be appropriated under law.
(2) Deposit of funds during transition.--Notwithstanding
section 1535(d) of title 31, United States Code, the Librarian
shall transfer to the appropriate account of the revolving fund
under this section the following:
(A) Any obligated, unexpended balances existing as of the
date of the transfer which are attributable to the FEDLINK
program or the Federal Research program.
(B) An amount equal to the difference as of such date
between--
(i) the total value of the supplies, inventories,
equipment, gift fund balances, and other assets
attributable to such program; and
(ii) the total value of the liabilities attributable to
such program.
(e) Use of Amounts in Fund.--Amounts in the accounts of the
revolving fund under this section shall be available to the Librarian,
in amounts specified in appropriations Acts and without fiscal year
limitation, to carry out the program covered by each such account.
(f) Programs Described.--
(1) FEDLINK.--In this section, the ``FEDLINK program'' is the
program of the Library of Congress under which the Librarian
provides the following services on behalf of participating Federal
libraries, Federal information centers, other entities of the
Federal Government, and the District of Columbia:
(A) The procurement of commercial information services,
publications in any format, and library support services.
(B) Related accounting services.
(C) Related education, information, and support services.
(2) Federal research program.--In this section, the ``Federal
Research program'' is the program of the Library of Congress under
which the Librarian provides research reports, translations, and
analytical studies for entities of the Federal Government and the
District of Columbia (other than any program of the Congressional
Research Service).
SEC. 104. AUDITS BY COMPTROLLER GENERAL.
Each of the revolving funds established under this title shall be
subject to audit by the Comptroller General at the Comptroller
General's discretion.
SEC. 105. EFFECTIVE DATE.
The provisions of this title shall apply with respect to fiscal
year 2002 and each succeeding fiscal year.
TITLE II--LIBRARY OF CONGRESS TRUST FUND BOARD
SEC. 201. REVISIONS TO MEMBERSHIP AND OPERATION OF LIBRARY OF CONGRESS
TRUST FUND BOARD.
(a) Addition of Vice Chair of Joint Committee on the Library as
Board Member.--Section 1 of the Act entitled ``An Act to create a
Library of Congress Trust Fund Board, and for other purposes'',
approved March 3, 1925 (2 U.S.C. 154), is amended in the first sentence
of the first paragraph by inserting ``and the vice chair'' after
``chairman''.
(b) Quorum Requirement.--Section 1 of such Act (2 U.S.C. 154) is
amended in the second sentence of the first paragraph by striking
``Nine'' and inserting ``Seven''.
(c) Temporary Extension of Board Member Term.--Section 1 of such
Act (2 U.S.C. 154) is amended in the first paragraph by inserting after
the first sentence the following: ``Upon request of the chair of the
Board, any member whose term has expired may continue to serve on the
Trust Fund Board until the earlier of the date on which such member's
successor is appointed or the expiration of the 1-year period which
begins on the date such member's term expires.''.
SEC. 202. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of
the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Title II: Library of Congress Trust Fund Board
- Revises the composition of the Library of Congress Trust Fund Board to include the vice chair of the Joint Committee on the Library. Decreases from nine to seven members the Board's quorum for the transaction of business. Provides for a temporary extension of Board members' terms.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Donald J. Trump Wealth Tax Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1999, then Presidential candidate Donald J. Trump
said the following on Good Morning America regarding his wealth
tax plan, ``If I were president, it would be passed. I think if
somebody else is president, it probably can't be. . . . This is
a tax paid by 1 percent, but the 1 percent will be very big
beneficiaries with what's going to happen and the positive
forces that would take place in the economy.''.
(2) In an interview with Sean Hannity on Fox News in 2015,
then Presidential candidate Trump described his 1999 wealth tax
plan as ``a very conservative thing to do.''.
(3) The proposed tax plan, according to then Presidential
candidate Trump, was expected to raise $5.7 trillion and pay
off the national debt in its entirety at the time.
(4) Many prominent conservatives have argued reducing the
national debt is crucial for our economic health and
prosperity, including the following:
(A) According to a 2011 Heritage Foundation Report,
Saving the American Dream, ``Our national debt now is
nearly 70 percent of GDP and on track to hit 185
percent within 25 years. Lower debt will remove the
threat of financial crisis and restore the confidence
of investors and lenders. It will also sharply reduce
the debt burden on future generations, relieve the
pressure on interest rates, and help to secure our
prosperity.''.
(B) Republican National Committee Chairman, now
White House Chief of Staff, Reince Priebus in his 2014
Statement on the National Debt Increase stated,
``Spending more money than we have is immoral; it hurts
future generations who will be left to pay off the
bills. Taking care of this generation shouldn't require
robbing the next. This is why Republicans have fought
for fiscal responsibility in Congress.''.
(C) As the Cato Institute wrote in 2016, ``The debt
matters. Not only is it remarkably unfair to our
children and grandchildren, it is imposing costs today.
Our economic growth is slower and our wages lower than
they would be if it were smaller. Other political and
economic priorities are being squeezed out. Interest on
the debt was projected to reach $261 billion this year,
and exceed $500 billion by 2020 even before factoring
in the recent budget-busting deals.''.
(D) In August of 2016, President of the Committee
for a Responsible Federal Budget, Maya MacGuineas,
said, ``The evidence is clear: Reducing our projected
long-term debt will promote economic growth; increasing
debt will slow that growth.''.
(E) According to the GOP Platform in 2016, ``Our
national debt is a burden on our economy and families.
The huge increase in the national debt demanded by and
incurred during the current Administration has placed a
significant burden on future generations. We must
impose firm caps on future debt, accelerate the
repayment of the trillions we now owe in order to
reaffirm our principles of responsible and limited
government, and remove the burdens we are placing on
future generations. A strong economy is one key to debt
reduction, but spending restraint is a necessary
component that must be vigorously pursued.''.
(5) Since the beginning of the Global War on Terror, the
Overseas Operations in Iraq, Afghanistan, and other War on
Terror-related activities have added an estimated $1.7 trillion
to the national debt (according to figures by the Congressional
Research Service and the Congressional Budget Office).
(6) Several academic and media reports project total
spending and future obligations for the Overseas Operations in
Iraq, Afghanistan, and other War on Terror-related activities
to cost between $4 trillion and $6 trillion (a recent report by
the Cost of War project at Brown University estimates the costs
through 2053 as $4.792 trillion).
(7) If the Donald J. Trump Wealth Tax raises the $5.7
trillion that President Trump expected it would in 1999, it
would cover all current and future obligations incurred by the
Global War on Terror and reduce the debt to GDP ratio from 77
percent to 46 percent.
(8) On February 28, 2017, President Trump declared in his
speech before Congress that, ``Democrats and Republicans should
get together and unite for the good of our country and for the
good of the American people.''.
(9) In the spirit of bipartisanship, we introduce the
Donald J. Trump Wealth Tax to fulfill his promise to the
American people and substantially reduce our national debt.
SEC. 3. DONALD J. TRUMP WEALTH TAX.
(a) Tax Imposed.--There is hereby imposed a tax equal to 14.25
percent of so much of the net worth of any individual who is a citizen
or resident of the United States, or any applicable trust, as exceeds
$10,000,000.
(b) Valuation.--For purposes of this section, net worth shall be
determined as of the date of the enactment of this Act under rules
similar to the rules for determining the taxable estate of a decedent
under chapter 11 of the Internal Revenue Code of 1986, except that in
the case of any married individuals, the tax imposed by this section
shall be determined jointly.
(c) Trusts.--For purposes of this section--
(1) Applicable trust.--The term ``applicable trust'' means
any trust which is not treated as a grantor trust under such
Code and which is--
(A) a domestic trust; or
(B) any portion of a foreign trust which is
allocable, under such rules as the Secretary of the
Treasury may prescribe, to one or more beneficiaries
who are citizens or residents of the United States.
(2) Grantor trust.--The net worth of any grantor trust
shall be taken into account by the grantor in determining the
tax imposed by this section.
(d) Exclusion of Principal Residence and Its Indebtedness.--The
value of any principal residence (within the meaning section 121 of
such Code), and any acquisition indebtedness (as defined in section
163(h)(3)(B) of such Code) with respect thereto, shall not be taken
into account under subsection (a).
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Donald J. Trump Wealth Tax Act of 2017 This bill imposes a 14.25% tax on any U.S. citizen, resident, or applicable trust with a net worth that exceeds $10 million. The tax applies to the portion of the net worth that exceeds $10 million, excluding the value of any principal residence and its indebtedness.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Minimum Reform Act of
2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Mandatory minimum sentences are statutorily prescribed
terms of imprisonment that automatically attach upon conviction
of certain criminal conduct, usually pertaining to drug or
firearm offenses. Absent very narrow criteria for relief, a
sentencing judge is powerless to mandate a term of imprisonment
below the mandatory minimum. Mandatory minimum sentences for
drug offenses rely solely upon the weight of the substance as a
proxy for the degree of involvement of a defendant's role.
(2) In the Anti-Drug Abuse Act of 1986, and at the height
of the public outcry over crack cocaine, Congress acted
hastily, without sufficient hearings, and enacted hard line
penalties that targeted low-level drug offenders. These
penalties included new, long mandatory minimum sentences for
such offenders.
(3) According to the Bureau of Prisons, in 1986, when the
new drug law containing lengthy mandatory minimum sentences
passed, the prison population was 36,000. Today, the Federal
prison population is over 210,000 prisoners, up almost 600
percent in 29 years.
(4) According to the Bureau of Prisons, the average cost to
keep one prisoner in Federal prison for one year is
approximately $29,000.
(5) According to the Office of Management and Budget,
annual spending on the Federal prison system rose 595 percent,
from $970,000,000 to more than $6.7 billion in inflation-
adjusted dollars, between 1980 and 2013.
(6) According to the U.S. Sentencing Commission, between
1995 and 2010, over 400,000 drug offenders were sentenced under
Federal law; of these, almost 250,000 (61 percent) received
mandatory minimum sentences.
(7) According to the U.S. Sentencing Commission, drug
offenders released from prison in 1986 who had been sentenced
before the adoption of mandatory sentences and sentencing
guidelines had served an average of 22 months in prison. In
2013, almost two-thirds of all drug offenders received a
mandatory sentence, with most receiving a 10-year minimum. Most
of these offenders are nonviolent or lower-level offenders with
little or no criminal history: in 2013, 49.6 percent had few or
no prior convictions, 83.8 percent did not have weapons
involved in their offense, and only 7 percent were considered
leaders, managers, or supervisors of drug operations.
(8) Mandatory minimum sentences have consistently been
shown to have a disproportionate impact on African-Americans.
The United States Sentencing Commission, in a 15-year overview
of the Federal sentencing system, concluded that ``mandatory
penalty statutes are used inconsistently'' and
disproportionately affect African-American defendants. African-
American drug defendants are 20 percent more likely to be
sentenced to prison than White drug defendants.
(9) According to the U.S. Sentencing Commission, between
1994 and 2003, the average time served by African-Americans for
a drug offense increased by 62 percent, compared to a 17
percent increase among White drug defendants.
(10) According to the Substance Abuse and Mental Health
Services Administration, Government surveys document that drug
use is roughly consistent across racial and ethnic groups.
While there is less data available regarding drug sellers,
research from the Office of National Drug Control Policy and
the National Institute of Justice has found that drug users
generally buy drugs from someone of their own racial or ethnic
background. But, according to the U.S. Sentencing Commission,
over 70 percent of all Federal narcotics offenders sentenced
each year are African-Americans and Hispanic-Americans, many of
whom are low-level offenders.
(11) As a result of Federal prosecutors' focus on low-level
drug offenders, the overwhelming majority of individuals
subject to the heightened crack cocaine penalties are African-
American. According to the U.S. Sentencing Commission's 2007
Report to Congress on crack cocaine, only 8.8 percent of
Federal crack cocaine convictions were imposed on White
Americans, while 81.8 percent and 8.4 percent were imposed on
African-American and Hispanics, respectively.
(12) According to the U.S. Census, African-Americans
comprise 12 percent of the U.S. population and, according to
the Substance Abuse and Mental Health Services Administration,
about 10 percent of all drug users, but almost 26.5 percent of
all Federal drug convictions according to the U.S. Sentencing
Commission.
(13) According to the U.S. Sentencing Commission, African-
Americans, on average, now serve almost as much time in Federal
prison for a drug offense (58.7 months) as Whites do for a
violent offense (61.7 months).
(14) According to the U.S. Sentencing Commission, in 2013,
almost 34 percent of women entering Federal prison did so for a
drug offense. Linking drug quantity with punishment severity
has had a particularly profound impact on women, who are more
likely to play peripheral roles in a drug enterprise than men.
However, because prosecutors can attach drug quantities to an
individual regardless of the level of a defendant's
participation in the charged offense, women have been exposed
to increasingly punitive sentences to incarceration.
(15) Low-level and mid-level drug offenders can be
adequately prosecuted by the States and punished or supervised
in treatment as appropriate.
(16) The Departments of Justice, the Treasury, and Homeland
Security are the agencies with the greatest capacity to
investigate, prosecute and dismantle the highest level of drug
trafficking organizations. Low-level drug offender
investigations and prosecutions divert Federal personnel and
resources from prosecuting high-level traffickers.
(17) Congress must have the most current information on the
number of prosecutions of high-level and low-level drug
offenders in order to properly reauthorize Federal drug
enforcement programs.
(18) Congress has an obligation to taxpayers to use
sentencing policies that are cost-effective and increase public
safety, in addition to establishing a criminal justice system
that is fair, efficient, and provides just sentences for
offenders. Mandatory sentences have not been conclusively shown
to reduce recidivism or deter crime.
(19) Prisons are important and expensive; the limited
resources in the Federal criminal justice system should be used
to protect society by incapacitating dangerous and violent
offenders who pose a threat to public safety. The Federal
judiciary has the expertise and is in the best position to
sentence each offender and determine who should be sent to
Federal prisons and the amount of time each offender should
serve.
SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.
A Federal prosecution for an offense under the Controlled
Substances Act, the Controlled Substances Import and Export Act, or for
any conspiracy to commit such an offense, where the offense involves
the illegal distribution or possession of a controlled substance in an
amount less than that amount specified as a minimum for an offense
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or, in the case of any substance containing cocaine or
cocaine base, in an amount less than 500 grams, shall not be commenced
without the prior written approval of the Attorney General.
SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS.
(a) Section 404.--Section 404(a) of the Controlled Substances Act
(21 U.S.C. 844(a)) is amended--
(1) by striking ``not less than 15 days but'';
(2) by striking ``not less than 90 days but''; and
(3) by striking the sentence beginning ``The imposition or
execution of a minimum sentence''.
(b) Section 401.--Section 401(b) of the Controlled Substances Act
(21 U.S.C. 841(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which may not be less than 10
years and or more than'' and inserting ``for any term
of years or for'';
(B) by striking ``and if death or serious bodily
injury results from the use of such substance shall not
be less than 20 years or more than life'';
(C) by striking ``which may not be less than 20
years and not more than life imprisonment and if death
or serious bodily injury results from the use of such
substance shall be sentenced to imprisonment for any
term of years or for life imprisonment'' and inserting
``for any term of years or for life'';
(D) by striking the sentence beginning ``If any
person commits a violation of this subparagraph''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced'';
(2) in paragraph (1)(B)--
(A) by striking ``which may not be less than 5
years and'' and inserting ``for'';
(B) by striking ``not less than 20 years or more
than,'' and inserting ``for any term or years or for'';
(C) by striking ``which may not be less than 10
years and not more than'' and inserting ``for any term
of years or for'';
(D) by inserting ``imprisonment for any term of
years or for'' after ``if death or serious bodily
injury results from the use of such substance shall be
sentenced to''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced''; and
(3) in paragraph (1)(C), by striking ``of not less than
twenty years or more than life'' and inserting ``for any term
of years or to life imprisonment''.
(c) Section 1010.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years and not
more than life'' the first place it appears;
(C) by striking ``of not less than 20 years and not
more than life imprisonment'' and inserting ``for any
term of years or for life'';
(D) by striking ``and if death or serious bodily
injury results from the use of such substance shall be
sentenced to life imprisonment''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced'';
(2) in paragraph (2)--
(A) by striking ``not less than 5 years and'';
(B) by striking ``of not less than twenty years and
not more than'' and inserting ``for any term of years
or for'';
(C) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
to'';
(D) by striking ``and if death or serious bodily
injury results from the use of such substance shall be
sentenced to life imprisonment''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced''; and
(3) in paragraph (3), by striking ``of not less than twenty
years and not more than life'' and inserting ``for any term or
years or for life''.
(d) Section 418.--Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(e) Section 419.--Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended--
(1) by striking the sentence beginning ``Except to the
extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''; and
(2) by striking subsection (d).
(f) Section 420.--Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended--
(1) in each of subsections (b) and (c), by striking the
sentence beginning ``Except to the extent'';
(2) by striking subsection (e); and
(3) in subsection (f), by striking ``, (c), and (e)'' and
inserting ``and (c)''.
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Mandatory Minimum Reform Act of 2015 This bill amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate most drug offense mandatory minimum prison terms imposed on a defendant who imports, exports, manufactures, distributes, or possesses with intent to distribute a controlled substance. Additionally, it eliminates drug offense mandatory minimum prison terms for simple possession, distribution to an individual under age 21 by an individual at least age 18, distribution or manufacture in a school zone, and use of an individual under age 18 to distribute. Finally, the bill requires prior written approval of the Attorney General to prosecute a defendant for certain drug offenses that involve low-level drug quantities (e.g., less than one kilogram of heroin or less than 500 grams of cocaine-based substances).
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Create a summary of the following text: SECTION 1. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR CERTAIN
BUSINESS ASSETS.
(a) Extension of 100 Percent Bonus Depreciation.--
(1) In general.--Paragraph (5) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2012'' each place it
appears and inserting ``January 1, 2013'', and
(B) by striking ``January 1, 2013'' and inserting
``January 1, 2014''.
(2) Conforming amendments.--
(A) The heading for paragraph (5) of section 168(k)
of such Code is amended by striking ``Pre-2012
periods'' and inserting ``Pre-2013 periods''.
(B) Clause (ii) of section 460(c)(6)(B) of such
Code is amended to read as follows:
``(ii) is placed in service--
``(I) after December 31, 2009, and
before January 1, 2011 (January 1,
2012, in the case of property described
in section 168(k)(2)(B)), or
``(II) after December 31, 2011, and
before January 1, 2013 (January 1,
2014, in the case of property described
in section 168(k)(2)(B)).''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2011.
(b) Expansion of Election To Accelerate AMT Credits in Lieu of
Bonus Depreciation.--
(1) In general.--Paragraph (4) of section 168(k) of such
Code is amended to read as follows:
``(4) Election to accelerate amt credits in lieu of bonus
depreciation.--
``(A) In general.--If a corporation elects to have
this paragraph apply for any taxable year--
``(i) paragraph (1) shall not apply to any
eligible qualified property placed in service
by the taxpayer in such taxable year,
``(ii) the applicable depreciation method
used under this section with respect to such
property shall be the straight line method, and
``(iii) the limitation imposed by section
53(c) for such taxable year shall be increased
by the bonus depreciation amount which is
determined for such taxable year under
subparagraph (B).
``(B) Bonus depreciation amount.--For purposes of
this paragraph--
``(i) In general.--The bonus depreciation
amount for any taxable year is an amount equal
to 20 percent of the excess (if any) of--
``(I) the aggregate amount of
depreciation which would be allowed
under this section for eligible
qualified property placed in service by
the taxpayer during such taxable year
if paragraph (1) applied to all such
property, over
``(II) the aggregate amount of
depreciation which would be allowed
under this section for eligible
qualified property placed in service by
the taxpayer during such taxable year
if paragraph (1) did not apply to any
such property.
The aggregate amounts determined under
subclauses (I) and (II) shall be determined
without regard to any election made under
subsection (b)(2)(D), (b)(3)(D), or (g)(7) and
without regard to subparagraph (A)(ii).
``(ii) Limitation.--The bonus depreciation
amount for any taxable year shall not exceed
the lesser of--
``(I) 50 percent of the minimum tax
credit under section 53(b) for the
first taxable year ending after
December 31, 2011, or
``(II) the minimum tax credit under
section 53(b) for such taxable year
determined by taking into account only
the adjusted minimum tax for taxable
years ending before January 1, 2012
(determined by treating credits as
allowed on a first-in, first-out
basis).
``(iii) Aggregation rule.--All corporations
which are treated as a single employer under
section 52(a) shall be treated--
``(I) as 1 taxpayer for purposes of
this paragraph, and
``(II) as having elected the
application of this paragraph if any
such corporation so elects.
``(C) Eligible qualified property.--For purposes of
this paragraph, the term `eligible qualified property'
means qualified property under paragraph (2), except
that in applying paragraph (2) for purposes of this
paragraph--
``(i) `March 31, 2008' shall be substituted
for `December 31, 2007' each place it appears
in subparagraph (A) and clauses (i) and (ii) of
subparagraph (E) thereof,
``(ii) `April 1, 2008' shall be substituted
for `January 1, 2008' in subparagraph
(A)(iii)(I) thereof, and
``(iii) only adjusted basis attributable to
manufacture, construction, or production--
``(I) after March 31, 2008, and
before January 1, 2010, and
``(II) after December 31, 2010, and
before January 1, 2013, shall be taken
into account under subparagraph (B)(ii)
thereof.
``(D) Credit refundable.--For purposes of section
6401(b), the aggregate increase in the credits
allowable under part IV of subchapter A for any taxable
year resulting from the application of this paragraph
shall be treated as allowed under subpart C of such
part (and not any other subpart).
``(E) Other rules.--
``(i) Election.--Any election under this
paragraph may be revoked only with the consent
of the Secretary.
``(ii) Partnerships with electing
partners.--In the case of a corporation making
an election under subparagraph (A) and which is
a partner in a partnership, for purposes of
determining such corporation's distributive
share of partnership items under section 702--
``(I) paragraph (1) shall not apply
to any eligible qualified property, and
``(II) the applicable depreciation
method used under this section with
respect to such property shall be the
straight line method.
``(iii) Certain partnerships.--In the case
of a partnership in which more than 50 percent
of the capital and profits interests are owned
(directly or indirectly) at all times during
the taxable year by one corporation (or by
corporations treated as 1 taxpayer under
subparagraph (B)(iii)), for purposes of
subparagraph (B), each partner shall take into
account its distributive share of the amounts
determined by the partnership under subclauses
(I) and (II) of clause (i) of such subparagraph
for the taxable year of the partnership ending
with or within the taxable year of the partner.
The preceding sentence shall apply only to
amounts determined with respect to property
placed in service after December 31, 2011.
``(iv) Special rule for passenger
aircraft.--In the case of any passenger
aircraft, the written binding contract
limitation under paragraph (2)(A)(iii)(I) shall
not apply for purposes of subparagraphs
(B)(i)(I) and (C).''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years ending after December 31, 2011.
(3) Transitional rule.--In the case of a taxable year
beginning before January 1, 2012, and ending after December 31,
2011, the bonus depreciation amount determined under paragraph
(4) of section 168(k) of the Internal Revenue Code of 1986 for
such year shall be the sum of--
(A) such amount determined under such paragraph as
in effect on the date before the date of enactment of
this Act--
(i) taking into account only property
placed in service before January 1, 2012, and
(ii) multiplying the limitation under
subparagraph (C)(ii) of such paragraph (as so
in effect) by a fraction the numerator of which
is the number of days in the taxable year
before January 1, 2012, and the denominator of
which is the number of days in the taxable
year, and
(B) such amount determined under such paragraph as
amended by this Act--
(i) taking into account only property
placed in service after December 31, 2011, and
(ii) multiplying the limitation under
subparagraph (B)(ii) of such paragraph (as so
in effect) by a fraction the numerator of which
is the number of days in the taxable year after
December 31, 2011, and the denominator of which
is the number of days in the taxable year.
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Amends the Internal Revenue Code to: (1) extend for one year the 100% bonus depreciation allowance for business assets, and (2) increase the amount of alternative minimum tax (AMT) credits that corporate taxpayers may elect to accelerate in a taxable year in lieu of claiming bonus depreciation.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Investment Tax Relief Act of
2004''.
SEC. 2. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED
COMPANIES.
(a) In General.--Part 1 of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by inserting after section 1202 the following new section:
``SEC. 1203. EXCLUSION FOR GAIN FROM STOCK OF SMALL, PUBLICLY TRADED
COMPANIES.
``(a) General Rule.--In the case of a taxpayer other than a
corporation, gross income shall not include any gain from the sale or
exchange of section 1203 stock held for more than 1 year.
``(b) Limitation.--The amount excluded under subsection (a) for a
taxable year may not exceed $100,000 ($50,000 in the case of a separate
return by a married individual).
``(c) 1203 Stock.--For purposes of subsection (a), the term `1203
stock' means any stock--
``(1) in a C corporation which is acquired after the date
of the enactment of this section if--
``(A) as of the date of acquisition, such
corporation is a qualified small business, and
``(B) except as provided in subsection (e), such
stock is acquired--
``(i) in exchange for money or other
property, or
``(ii) as compensation for services
provided to such corporation (other than
services performed as an underwriter of such
stock), and
``(2) which, at the time of sale or exchange giving rise to
gain to be excluded under subsection (a), is publicly traded on
any established domestic national or regional stock exchange or
stock market, the Over the Counter Bulletin Board, or the
National Quotation Bureau.
For purposes of the preceding sentence, rules similar to the rules of
section 1202(c)(3) shall apply.
``(d) Qualified Small Business.--For purposes of this section--
``(1) In general.--The term `qualified small business'
means any domestic corporation which is a C corporation if the
market capitalization of such corporation (or any predecessor
thereof), determined with respect to the date of acquisition of
stock, is not more than $150,000,000.
``(2) Determination of market capitalization.--For purposes
of paragraph (1), market capitalization, with respect to the
date of acquisition of stock, shall be--
``(A) the amount equal to--
``(i) the closing price of a share of stock
in the corporation as of the end of the
reporting period ending immediately before such
date of acquisition, multiplied by
``(ii) the number of outstanding shares of
such stock in the corporation as of the end of
such period, or
``(B) in the case that subparagraph (A) does not
apply, determined (by taking into account all facts and
circumstances) on the basis of the most recent amounts
paid for each class of stock in the corporation
outstanding on the date of the acquisition of the 1203
stock.
``(3) Reporting period.--For purposes of paragraph (2), the
term `reporting period' means the period for which the most
recent annual or quarterly report is required to be filed with
the Securities and Exchange Commission under section 13(a)(2)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)(2),
78o(d)) or periodic information required under section 15(d) of
such Act (15 U.S.C. 78o(d)), as the case may be.
``(4) Aggregation rules.--For purposes of paragraph (1),
rules similar to the rules of section 1202(d)(3) shall apply.
``(e) Additional Rules.--
``(1) In general.--For purposes of this section, rules
similar to the rules of subsections (f), (g), (h), (i), (j),
and (k) of section 1202 shall apply, except that subsection
(j)(1)(A) of section 1202 shall be applied by substituting `1
year' for `5 years'.
``(2) Qualified small business stock.--Sales and exchanges
taken into account under section 1202 shall not be taken into
account under this section.''.
(b) Conforming Amendments.--
(1) The first sentence of section 642(c)(4) of such Code is
amended--
(A) by inserting ``or 1203(a)'' after ``1202(a)'',
and
(B) by inserting ``or 1203, as the case may be''
before the period at the end.
(2) Section 643(a)(3) of such Code is amended by striking
``section 1202'' and inserting ``sections 1202 and 1203''.
(3) Section 691(c)(4) of such Code is amended by inserting
``1203,'' after ``1202,''.
(4) Section 871(a)(2) of such Code is amended by striking
``section 1202'' and inserting ``sections 1202 and 1203''.
(5) The second sentence of section 1044(d) of such Code is
amended by inserting ``or 1203'' before the period at the end.
(6) Section 1202(b) of such Code is amended by inserting at
the end the following new subsection:
``(4) Section 1203 stock.--Sales and exchanges taken into
account under section 1203 shall not be taken into account
under this section.''.
(c) Clerical Amendment.--The table of sections for part 1 of
subchapter P of chapter 1 of such Code is amended by inserting after
the item relating to section 1202 the following new item:
``Sec. 1203. Exclusion for gain from
stock of small, publicly traded
companies.''.
(d) Effective Date.--The amendments made by this section shall
apply to securities acquired after the date of the enactment of this
Act.
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Small Investment Tax Relief Act of 2004 - Amends the Internal Revenue Code to allow a noncorporate taxpayer a tax exclusion for up to $100,000 of the gain from the sale of exchange of certain publicly traded small business stock held for more than one year.
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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 ``Universal National
Service Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL SERVICE
Sec. 101. Definitions.
Sec. 102. National service obligation.
Sec. 103. Induction to perform national service.
Sec. 104. Two-year period of national service.
Sec. 105. Implementation by the President.
Sec. 106. Examination and classification of persons.
Sec. 107. Deferments and postponements.
Sec. 108. Induction exemptions.
Sec. 109. Conscientious objection.
Sec. 110. Discharge following national service.
Sec. 111. Registration of females under the Military Selective Service
Act.
Sec. 112. Relation of title to registration and induction authority of
Military Selective Service Act.
TITLE II--FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX
CREDIT MADE PERMANENT
Sec. 201. Favorable treatment of combat pay under earned income tax
credit made permanent.
TITLE I--NATIONAL SERVICE
SEC. 101. DEFINITIONS.
In this title:
(1) The term ``contingency operation'' has the meaning
given that term in section 101(a)(13) of title 10, United
States Code.
(2) The term ``military service'' means service performed
as a member of an active or reserve component of the uniformed
services.
(3) The term ``national service'' means military service or
service in a civilian capacity that, as determined by the
President, promotes the national defense, including national or
community service and service related to homeland security.
(4) The term ``Secretary concerned'' means the Secretary of
Defense with respect to the Army, Navy, Air Force, and Marine
Corps, the Secretary of Homeland Security with respect to the
Coast Guard, the Secretary of Commerce, with respect to the
National Oceanic and Atmospheric Administration, and the
Secretary of Health and Human Services, with respect to the
Public Health Service.
(5) The term ``United States'', when used in a geographical
sense, means the several States, the District of Columbia,
Puerto Rico, the Virgin Islands, and Guam.
(6) The term ``uniformed services'' means the Army, Navy,
Air Force, Marine Corps, Coast Guard, commissioned corps of the
National Oceanic and Atmospheric Administration, and
commissioned corps of the Public Health Service.
SEC. 102. NATIONAL SERVICE OBLIGATION.
(a) Obligation for Service.--It is the obligation of every citizen
of the United States, and every other person residing in the United
States, who is between the ages of 18 and 42 to perform a period of
national service as prescribed in this title unless exempted under the
provisions of this title.
(b) Forms of National Service.--The national service obligation
under this title shall be performed either--
(1) as a member of an active or reserve component of the
uniformed services; or
(2) in a civilian capacity that, as determined by the
President, promotes the national defense, including national or
community service and service related to homeland security.
(c) Age Limits.--A person may be inducted under this title only if
the person has attained the age of 18 and has not attained the age of
42.
SEC. 103. INDUCTION TO PERFORM NATIONAL SERVICE.
(a) Induction Requirements.--The President shall provide for the
induction of persons described in section 102(a) to perform their
national service obligation.
(b) Limitation on Induction for Military Service.--Persons
described in section 102(a) may be inducted to perform military service
only if--
(1) a declaration of war is in effect;
(2) the President declares a national emergency, which the
President determines necessitates the induction of persons to
perform military service, and immediately informs Congress of
the reasons for the declaration and the need to induct persons
for military service; or
(3) members of the Army, Navy, Air Force, or Marine Corps
are engaged in a contingency operation pursuant to a
congressional authorization for the use of military force.
(c) Limitation on Number of Persons Inducted for Military
Service.--When the induction of persons for military service is
authorized by subsection (b), the President shall determine the number
of persons described in section 102(a) whose national service
obligation is to be satisfied through military service based on--
(1) the authorized end strengths of the uniformed services;
and
(2) the feasibility of the uniformed services to recruit
sufficient volunteers to achieve such end-strength levels.
(3) provide a mechanism for the random selection of persons
to be inducted to perform military service.
(d) Selection for Induction.--
(1) Random selection for military service.--When the
induction of persons for military service is authorized by
subsection (b), the President shall utilize a mechanism for the
random selection of persons to be inducted to perform military
service.
(2) Civilian service.--Persons described in section 102(a)
who do not volunteer to perform military service or are not
inducted for military service shall perform their national
service obligation in a civilian capacity pursuant to section
102(b)(2).
(e) Voluntary Service.--A person subject to induction under this
title may--
(1) volunteer to perform national service in lieu of being
inducted; or
(2) request permission to be inducted at a time other than
the time at which the person is otherwise called for induction.
SEC. 104. TWO-YEAR PERIOD OF NATIONAL SERVICE.
(a) General Rule.--Except as otherwise provided in this section,
the period of national service performed by a person under this title
shall be two years.
(b) Grounds for Extension.--At the discretion of the President, the
period of military service for a member of the uniformed services under
this title may be extended--
(1) with the consent of the member, for the purpose of
furnishing hospitalization, medical, or surgical care for
injury or illness incurred in line of duty; or
(2) for the purpose of requiring the member to compensate
for any time lost to training for any cause.
(c) Early Termination.--The period of national service for a person
under this title shall be terminated before the end of such period
under the following circumstances:
(1) The voluntary enlistment and active service of the
person in an active or reserve component of the uniformed
services for a period of at least two years, in which case the
period of basic military training and education actually served
by the person shall be counted toward the term of enlistment.
(2) The admission and service of the person as a cadet or
midshipman at the United States Military Academy, the United
States Naval Academy, the United States Air Force Academy, the
Coast Guard Academy, or the United States Merchant Marine
Academy.
(3) The enrollment and service of the person in an officer
candidate program, if the person has signed an agreement to
accept a Reserve commission in the appropriate service with an
obligation to serve on active duty if such a commission is
offered upon completion of the program.
(4) Such other grounds as the President may establish.
SEC. 105. IMPLEMENTATION BY THE PRESIDENT.
(a) In General.--The President shall prescribe such regulations as
are necessary to carry out this title.
(b) Matter to Be Covered by Regulations.--Such regulations shall
include specification of the following:
(1) The types of civilian service that may be performed in
order for a person to satisfy the person's national service
obligation under this title.
(2) Standards for satisfactory performance of civilian
service and of penalties for failure to perform civilian
service satisfactorily.
(3) The manner in which persons shall be selected for
induction under this title, including the manner in which those
selected will be notified of such selection.
(4) All other administrative matters in connection with the
induction of persons under this title and the registration,
examination, and classification of such persons.
(5) A means to determine questions or claims with respect
to inclusion for, or exemption or deferment from induction
under this title, including questions of conscientious
objection.
(6) Standards for compensation and benefits for persons
performing their national service obligation under this title
through civilian service.
(7) Such other matters as the President determines
necessary to carry out this title.
(c) Use of Prior Act.--To the extent determined appropriate by the
President, the President may use for purposes of this title the
procedures provided in the Military Selective Service Act (50 U.S.C.
App. 451 et seq.), including procedures for registration, selection,
and induction.
SEC. 106. EXAMINATION AND CLASSIFICATION OF PERSONS.
(a) Examination.--Every person subject to induction under this
title shall, before induction, be physically and mentally examined and
shall be classified as to fitness to perform national service.
(b) Different Classification Standards.--The President may apply
different classification standards for fitness for military service and
fitness for civilian service.
SEC. 107. DEFERMENTS AND POSTPONEMENTS.
(a) High School Students.--A person who is pursuing a standard
course of study, on a full-time basis, in a secondary school or similar
institution of learning shall be entitled to have induction under this
title postponed until the person--
(1) obtains a high school diploma;
(2) ceases to pursue satisfactorily such course of study;
or
(3) attains the age of 20.
(b) Hardship and Disability.--Deferments from national service
under this title may be made for--
(1) extreme hardship; or
(2) physical or mental disability.
(c) Training Capacity.--The President may postpone or suspend the
induction of persons for military service under this title as necessary
to limit the number of persons receiving basic military training and
education to the maximum number that can be adequately trained.
(d) Termination.--No deferment or postponement of induction under
this title shall continue after the cause of such deferment or
postponement ceases.
SEC. 108. INDUCTION EXEMPTIONS.
(a) Qualifications.--No person may be inducted for military service
under this title unless the person is acceptable to the Secretary
concerned for training and meets the same health and physical
qualifications applicable under section 505 of title 10, United States
Code, to persons seeking original enlistment in a regular component of
the Armed Forces.
(b) Other Military Service.--No person shall be liable for
induction under this title who--
(1) is serving, or has served honorably for at least six
months, in any component of the uniformed services on active
duty; or
(2) is or becomes a cadet or midshipman at the United
States Military Academy, the United States Naval Academy, the
United States Air Force Academy, the Coast Guard Academy, the
United States Merchant Marine Academy, a midshipman of a Navy
accredited State maritime academy, a member of the Senior
Reserve Officers' Training Corps, or the naval aviation college
program, so long as that person satisfactorily continues in and
completes at least two years training therein.
SEC. 109. CONSCIENTIOUS OBJECTION.
(a) Claims as Conscientious Objector.--Nothing in this title shall
be construed to require a person to be subject to combatant training
and service in the uniformed services, if that person, by reason of
sincerely held moral, ethical, or religious beliefs, is conscientiously
opposed to participation in war in any form.
(b) Alternative Noncombatant or Civilian Service.--A person who
claims exemption from combatant training and service under subsection
(a) and whose claim is sustained by the local board shall--
(1) be assigned to noncombatant service (as defined by the
President), if the person is inducted into the uniformed
services; or
(2) be ordered by the local board, if found to be
conscientiously opposed to participation in such noncombatant
service, to perform national civilian service for the period
specified in section 104(a) and subject to such regulations as
the President may prescribe.
SEC. 110. DISCHARGE FOLLOWING NATIONAL SERVICE.
(a) Discharge.--Upon completion or termination of the obligation to
perform national service under this title, a person shall be discharged
from the uniformed services or from civilian service, as the case may
be, and shall not be subject to any further service under this title.
(b) Coordination With Other Authorities.--Nothing in this section
shall limit or prohibit the call to active service in the uniformed
services of any person who is a member of a regular or reserve
component of the uniformed services.
SEC. 111. REGISTRATION OF FEMALES UNDER THE MILITARY SELECTIVE SERVICE
ACT.
(a) Registration Required.--Section 3(a) of the Military Selective
Service Act (50 U.S.C. 453(a)) is amended--
(1) by striking ``male'' both places it appears;
(2) by inserting ``or herself'' after ``himself''; and
(3) by striking ``he'' and inserting ``the person''.
(b) Conforming Amendment.--Section 16(a) of the Military Selective
Service Act (50 U.S.C. App. 466(a)) is amended by striking ``men'' and
inserting ``persons''.
SEC. 112. RELATION OF TITLE TO REGISTRATION AND INDUCTION AUTHORITY OF
MILITARY SELECTIVE SERVICE ACT.
(a) Registration.--Section 4 of the Military Selective Service Act
(50 U.S.C. App. 454) is amended by inserting after subsection (g) the
following new subsection:
``(h) This section does not apply with respect to the induction of
persons into the Armed Forces pursuant to the Universal National
Service Act of 2007.''.
(b) Induction.--Section 17(c) of the Military Selective Service Act
(50 U.S.C. App. 467(c)) is amended by striking ``now or hereafter'' and
all that follows through the period at the end and inserting ``inducted
pursuant to the Universal National Service Act of 2007.''.
TITLE II--FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX
CREDIT MADE PERMANENT
SEC. 201. FAVORABLE TREATMENT OF COMBAT PAY UNDER EARNED INCOME TAX
CREDIT MADE PERMANENT.
(a) In General.--Clause (vi) of section 32(c)(2)(B) of the Internal
Revenue Code of 1986 (defining earned income) is amended to read as
follows:
``(vi) a taxpayer may elect for any taxable
year to treat amounts excluded from gross
income by reason of section 112 as earned
income.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years ending after December 31, 2006.
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Universal National Service Act of 2007 - Declares that it is the obligation of every U.S. citizen, and every other person residing in the United States, between the ages of 18 and 42 to perform a two-year period of national service, unless exempted, either as a member of an active or reserve component of the armed forces or in a civilian capacity that promotes national defense. Requires induction into national service by the President. Allows persons to be inducted only: (1) under a declaration of war or national emergency; or (2) when members of the Armed Forces are engaged in a contingency operation. Requires each person, before induction, to be examined physically and mentally for classification for fitness to perform. Sets forth provisions governing: (1) induction deferments, postponements, and exemptions, including exemption of a conscientious objector from combatant training and military service; and (2) discharge following national service.
Amends the Military Selective Service Act to authorize the military registration of females.
Amends the Internal Revenue Code to permit combat pay otherwise excluded from gross income to be treated as earned income for purposes of the earned income tax credit.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arabia Mountain National Heritage
Area Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources and
active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland,
and pine and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park, is a
rare example of a pristine granite outcrop.
(5) The archeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this Act are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and
other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and interpret
the significant resources within the heritage area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
4.
(2) Management entity.--The term ``management entity''
means the Arabia Mountain Heritage Area Alliance or a successor
of the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means
the management plan for the heritage area developed under
section 6.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``The Preferred Concept''
contained in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.
SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall
develop and submit to the Secretary the management
plan.
(B) Considerations.--In developing and implementing
the management plan, the management entity shall
consider the interests of diverse governmental,
business, and nonprofit groups within the heritage
area.
(2) Priorities.--The management entity shall give priority
to implementing actions described in the management plan,
including the following:
(A) Assisting units of government and nonprofit
organizations in preserving resources within the
heritage area.
(B) Encouraging local governments to adopt land use
policies consistent with the management of the heritage
area and the goals of the management plan.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of the
management plan.
(4) Annual report.--For any year in which Federal funds
have been made available under this Act, the management entity
shall submit to the Secretary an annual report that describes--
(A) the accomplishments of the management entity;
and
(B) the expenses and income of the management
entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all
records relating to the expenditure of Federal funds
and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds made available under this Act to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds made available under
other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) An inventory of the resources in the heritage area,
including the following:
(A) A list of property in the heritage area that--
(i) relates to the purposes of the heritage
area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property.
(B) An assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with
the purposes of this Act.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes the following:
(A) Actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the heritage
area.
(B) The identification of existing and potential
sources of funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity shall submit the
management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until such date as a management plan for
the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management plan submitted under paragraph (1), the
Secretary shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of 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 by the Secretary, the recommendations of the
management entity for any revisions to the management
plan that the management entity considers to be
appropriate.
(2) Expenditure of funds.--No funds made available under
this Act shall be used to implement any revision proposed by
the management entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate the following:
(1) The conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area.
(2) The provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.-- There is authorized to be appropriated to carry
out this Act $10,000,000, to remain available until expended, of which
not more than $1,000,000 may be used in any fiscal year.
(b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this Act shall
not exceed 50 percent.
SEC. 9. TERMINATION OF AUTHORITY.
The authority of the Secretary to make any grant or provide any
assistance under this Act terminates on September 30, 2016.
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Arabia Mountain National Heritage Area Act of 2001 - Establishes the Arabia Mountain National Heritage Area in Georgia.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peaceful Learning Act of 2014''.
SEC. 2. DEFINITIONS.
(a) In General.--Except as otherwise specifically provided, in this
Act the definitions in section 5302 of title 49, United States Code,
shall apply.
(b) Additional Definitions.--In this Act, the following additional
definitions apply:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given that term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Rail operator.--The term ``rail operator'' means an
owner or operator of a fixed rail public transportation
facility.
(3) Railway noise.--The term ``railway noise'' means noise
caused by a fixed rail public transportation facility.
(4) School.--The term ``school'' means an elementary school
or a secondary school (as those terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
SEC. 3. RAILWAY NOISE STUDY.
(a) In General.--The Secretary of Transportation shall enter into
an agreement with the National Academy of Sciences to conduct a study
on railway noise in the United States.
(b) Contents of Study.--In conducting the study, the National
Academy of Sciences shall examine--
(1) the threshold of railway noise at which health begins
to be affected;
(2) the effectiveness of noise abatement programs for
railway noise on the property of a school;
(3) the impacts of railway noise on schools; and
(4) the noise assessment practices of the Department of
Transportation and whether such practices fairly and accurately
reflect the burden of noise on communities.
(c) Report.--Not later than 12 months after the date of the
agreement entered into under subsection (a), the National Academy of
Sciences shall transmit to the Secretary a report on the results of the
study. Upon receipt of the report, the Secretary shall transmit a copy
of the report to the appropriate committees of Congress.
SEC. 4. NOISE MEASUREMENT AND EXPOSURE SYSTEMS.
Not later than 12 months after the date of submission of the report
under section 3, in consultation with the Administrator of the
Environmental Protection Agency and Government, State, and interstate
agencies that the Secretary of Transportation considers appropriate,
the Secretary shall by regulation--
(1) establish a single system of measuring railway noise
that--
(A) has a highly reliable relationship between
projected railway noise exposure and surveyed reactions
of individuals to noise; and
(B) is applied uniformly in measuring railway noise
near urbanized areas;
(2) establish a single system for determining the exposure
of individuals to railway noise in urbanized areas, including
noise intensity, duration, frequency, and time of occurrence;
and
(3) based on the findings of the report required under
section 3, determine minimum standards for railway noise levels
on the property of a school located in an urbanized area.
SEC. 5. NOISE EXPOSURE MAPS.
(a) Submission and Preparation.--Not later than 12 months after the
date of issuance of regulations under section 4, each rail operator
shall submit to the Secretary of Transportation a noise exposure map
showing any areas of nonconforming railway noise levels (based on the
standards developed under section 4) that--
(1) adversely impact a school located in an urbanized area;
and
(2) are caused by operations of the rail operator.
(b) Revised Maps.--If a change in the rail operations of a rail
operator described in subsection (a) establishes a substantial new
nonconforming noise level on the property of a school located in an
urbanized area, or significantly reduces nonconforming noise levels on
the property of such a school, that is not reflected in the noise
exposure map, the rail operator shall submit a revised noise exposure
map to the Secretary showing the new nonconforming noise levels or
noise level reduction.
SEC. 6. NOISE COMPATIBILITY PROGRAMS.
(a) Program Submission.--A rail operator that submitted a noise
exposure map under section 5 may submit a noise compatibility program
to the Secretary of Transportation after--
(1) consulting with public agencies and planning
authorities in the area covered by the map; and
(2) notice and an opportunity for a public hearing.
(b) Contents of Program.--A program submitted under subsection (a)
shall state the measures the rail operator has taken or proposes to
take to reduce existing nonconforming noise levels on the property of a
school and prevent creating additional nonconforming noise levels in
the area covered by the map. The measures may include constructing
barriers or acoustical shielding and soundproofing of schools subject
to a nonconforming noise level.
(c) Approvals.--The Secretary shall approve or disapprove a program
submitted under subsection (a) of this section not later than 180 days
after receiving it. The Secretary shall approve the program if the
program--
(1) is reasonably consistent with achieving the goal of
reducing nonconforming noise levels on the property of a school
and preventing the introduction of additional nonconforming
noise levels on the property of a school; and
(2) provides for necessary revisions because of a revised
map submitted under section 5.
(d) Grants.--The Secretary may incur obligations to make grants
from amounts available under section 8 to carry out a project under a
part of a noise compatibility program approved under subsection (c). A
grant may be made to a rail operator submitting the program to carry
out the program directly or in cooperation with--
(1) a local educational agency of a school that is subject
to nonconforming noise levels; or
(2) a unit of local government in the area surrounding the
school that has nonconforming noise levels.
(e) Federal Share.--The Federal share of a project for which a
grant is made under subsection (d) is 80 percent of the cost of the
project.
SEC. 7. NONADMISSIBILITY OF NOISE EXPOSURE MAP AND RELATED INFORMATION
AS EVIDENCE.
No part of a noise exposure map or related information described in
section 5 that is submitted to, or prepared by, the Secretary of
Transportation and no part of a list of land uses the Secretary
identifies as normally compatible with various exposures of individuals
to noise may be admitted into evidence or used for any other purpose in
a civil action asking for relief for noise resulting from the operation
of a fixed rail public transportation facility.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated from the Mass Transit
Account of the Highway Trust Fund under section 5338 of title 49,
United States Code, such funds as may be necessary to carry out this
Act.
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Peaceful Learning Act of 2014 - Directs the Secretary of Transportation (DOT) to enter into an agreement with the National Academy of Sciences to study railway noise in the United States. Requires the Secretary, by regulation, to: establish a single system of measuring railway noise that: (1) has a highly reliable relationship between projected railway noise exposure and surveyed reactions of individuals to noise, and (2) is applied uniformly in measuring railway noise near urbanized areas; establish a single system for determining the exposure of individuals to railway noise in urbanized areas; and determine, based on the study findings, minimum standards for railway noise levels on the property of a school located in an urbanized area. Requires each rail operator to submit to DOT a noise exposure map showing any areas of nonconforming railway noise levels (based on such standards) that: (1) adversely impact a school located in an urbanized area, and (2) are caused by operations of the rail operator. Authorizes a rail operator that submitted a noise exposure map to DOT also to submit a noise compatibility program. Authorizes the Secretary to incur obligations to make grants to specified entities for up to 80% of the costs of carrying out a project under an approved noise compatibility program. Bars admission of a noise exposure map and related information into evidence, or their use for any other purpose, in a civil action asking for relief for noise resulting from the operation of a fixed rail public transportation facility.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Breast and Cervical Cancer
Early Detection Program Reauthorization Act of 2006''.
SEC. 2. NATIONAL BREAST AND CERVICAL CANCER EARLY DETECTION PROGRAM.
Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.)
is amended--
(1) in section 1501(d)--
(A) in the heading, by striking ``2000'' and
inserting ``2020''; and
(B) by striking ``by the year 2000'' and inserting
``by the year 2020'';
(2) in section 1503, by adding at the end the following:
``(d) Waiver of Services Requirement on Division of Funds.--
``(1) In general.--The Secretary shall establish a
demonstration project under which the Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
may waive the requirements of paragraphs (1) and (4) of
subsection (a) for not more than 5 States, if--
``(A)(i) the State involved will use the waiver to
leverage private funds to supplement each of the
services or activities described in paragraphs (1) and
(2) of section 1501(a); or
``(ii) the application of such requirement would
result in a barrier to the enrollment of qualifying
women;
``(B) the State involved provides assurances that
the State will, on an annual basis, demonstrate to the
Secretary the manner in which the State will use such
waiver to maintain or expand the level of screening and
follow-up services provided immediately prior to the
waiver, and provide documentation of compliance with
such maintenance or expansion requirement;
``(C) the State involved submits to the Secretary a
plan for maintaining the level of activities carried
out under the waiver after the expiration of the
waiver;
``(D) the Secretary finds that granting such a
waiver to a State will not reduce the number of women
in the State that receive each of the services or
activities described in paragraphs (1) and (2) of
section 1501(a), including making available screening
procedures for both breast and cervical cancers; and
``(E) the Secretary finds that granting such a
waiver to a State will not adversely affect the quality
of each of the services or activities described in
paragraphs (1) and (2) of section 1501(a).
``(2) Duration of waiver.--
``(A) In general.--In granting waivers under
paragraph (1), the Secretary--
``(i) shall grant such waivers for a period
of 2 years; and
``(ii) upon request of a State, may extend
a waiver for an additional 2-year period in
accordance with subparagraph (B).
``(B) Additional period.--The Secretary, upon the
request of a State that has received a waiver under
paragraph (1), shall, at the end of the 2-year waiver
period described in subparagraph (A), review
performance under the waiver and may extend the waiver
for an additional 2-year period if the Secretary
determines that--
``(i)(I) without an extension of the
waiver, there will be a barrier to the
enrollment of qualifying women; or
``(II) the State requesting such extended
waiver will use the waiver to leverage private
funds to supplement the services or activities
described in paragraphs (1) and (2) of section
1501(a);
``(ii) the waiver has not, and will not,
reduce the number of women in the State that
receive the services or activities described in
paragraphs (1) and (2) of section 1501(a);
``(iii) the waiver has not, and will not,
result in lower quality in the State of the
services or activities described in paragraphs
(1) and (2) of section 1501(a); and
``(iv) the State has maintained the average
annual level of State fiscal expenditures for
the services and activities described in
paragraphs (1) and (2) of section 1501(a) for
the 2 years for which the waiver was granted at
a level that is not less than the level of the
State fiscal expenditures for such services and
activities for the year preceding the first
year for which the waiver is granted.
``(3) Reporting requirements.--The Secretary shall include
as part of the evaluations and reports required under section
1508, the following:
``(A) A description of the total amount of dollars
leveraged annually from private entities in States
receiving a waiver under paragraph (1) and how these
amounts were used.
``(B) With respect to States receiving a waiver
under paragraph (1), a description of the percentage of
the grant that is expended on providing each of the
services or activities described in--
``(i) paragraphs (1) and (2) of section
1501(a); and
``(ii) paragraphs (3) through (6) of
section 1501(a).
``(C) A description of the number of States
receiving waivers under paragraph (1) annually.
``(D) With respect to States receiving a waiver
under paragraph (1), a description of--
``(i) the number of women receiving
services under paragraphs (1), (2), and (3) of
section 1501(a) in programs before and after
the granting of such waiver; and
``(ii) the average annual level of State
fiscal expenditures for the services and
activities described in paragraphs (1) and (2)
of section 1501(a) for the year preceding the
first year for which the waiver was granted.
``(4) Limitation.--Amounts to which a waiver applies under
this subsection shall not be used to increase the number of
salaried employees.
``(5) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian tribe' has
the meaning given the term in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603).
``(B) Tribal organization.--The term `tribal
organization' has the meaning given the term in section
4 of the Indian Health Care Improvement Act.
``(C) State.--The term `State' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, the Republic of Palau,
an Indian tribe, and a tribal organization.'';
(3) in section 1508--
(A) in subsection (a), by striking ``evaluations of
the extent to which'' and all that follows through the
period and inserting: ``evaluations of--
``(1) the extent to which States carrying out such programs
are in compliance with section 1501(a)(2) and with section
1504(c); and
``(2) the extent to which each State receiving a grant
under this title is in compliance with section 1502, including
identification of--
``(A) the amount of the non-Federal contributions
by the State for the preceding fiscal year,
disaggregated according to the source of the
contributions; and
``(B) the proportion of such amount of non-Federal
contributions relative to the amount of Federal funds
provided through the grant to the State for the
preceding fiscal year.''; and
(B) in subsection (b), by striking ``not later than
1 year after the date on which amounts are first
appropriated pursuant to section 1509(a), and annually
thereafter'' and inserting ``not later than 1 year
after the date of the enactment of the National Breast
and Cervical Cancer Early Detection Program
Reauthorization of 2006, and annually thereafter''; and
(4) in section 1510(a)--
(A) by striking ``and'' after ``$150,000,000 for
fiscal year 1994,''; and
(B) by inserting ``, $225,000,000 for fiscal year
2007, $245,000,000 for fiscal year 2008, $250,000,000
for fiscal year 2009, $255,000,000 for fiscal year
2010, and $275,000,000 for fiscal year 2011'' before
the period at the end.
Passed the House of Representatives December 9 (legislative
day, December 8), 2006.
Attest:
KAREN L. HAAS,
Clerk.
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National Breast and Cervical Cancer Early Detection Program Reauthorization Act of 2006 - Amends the Public Health Service Act to change from 2000 to 2020 the target year for achieving the objectives established by the Secretary of Health and Human Services for reductions in the rate of mortality from breast and cervical cancer in the United States for the committee coordinating Public Health Service activities.
Directs the Secretary to establish a demonstration project which allows the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to waive requirements for awarding breast and cervical cancer grants that require 60% of grant funds to be spent on screening and referrals for medical treatments and no more than 40% to be spent on other activities for not more than five states, if: (1) the state involved will use the waiver to leverage private funds to supplement screening and referral services or the application of such requirements would result in a barrier to the enrollment of women; (2) the state involved provides assurance that the state will annually demonstrate how it will use the waiver to maintain or expand the level of screening and follow-up services provided; (3) the state involved submits to the Secretary a plan for maintaining the level of activities carried out under the waiver after the expiration of the waiver; (4) the Secretary finds that granting such a waiver to a state will not reduce the number of women in the state who receive such services, including screening for both breast and cervical cancers; and (5) the Secretary finds that granting such a waiver to a state will not adversely affect the quality of such services. Requires the Secretary to grant such waivers for a period of two years. Allows the Secretary to extend a waiver, upon request of a state, for additional two-year periods if the Secretary reviews performance under the waiver and finds that the waiver requirements are and have been met.
Requires the Secretary to include as part of the evaluations of the activities carried out pursuant to breast and cervical cancer grants: (1) the total amount of dollars leveraged annually from private entities in states receiving a waiver and how these amounts were used; (2) for states receiving a waiver, the percentages of the grant expended on screening and referral services and on other services or activities; (3) the number of states receiving waivers annually; (4) the number of women receiving screening and referral services in programs before and after the granting of a waiver; (5) the average annual level of state fiscal expenditures for such services for the year preceding the grant of the waiver; and (6) the amount of non-federal contributions by the state according to source and the proportion of non-federal funds to federal funds. Prohibits the use of amounts to which a waiver applies to increase the number of salaried employees.
Authorizes appropriations for breast and cervical cancer grants from FY2007-FY2011.
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Summarize the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Countering
Terrorist Radicalization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR
Sec. 101. Countering violent extremism training.
Sec. 102. Countering violent extremism assessment.
Sec. 103. Department-sponsored clearances.
Sec. 104. Definitions.
TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS
Sec. 201. Directive.
TITLE III--COUNTERTERRORISM ADVISORY BOARD
Sec. 301. Department of Homeland Security Counterterrorism Advisory
Board.
TITLE IV--PROHIBITION ON NEW FUNDING
Sec. 401. Prohibition on new funding.
TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR
SEC. 101. COUNTERING VIOLENT EXTREMISM TRAINING.
(a) Authorization of Training.--The Secretary of Homeland Security
is authorized to provide training for personnel, including Department
of Homeland Security personnel, State, local, tribal, and territorial
representatives at State and major urban area fusion centers for the
purpose of administering community awareness briefings and related
activities in furtherance of the Department's efforts to counter
violent extremism, identify and report suspicious activities, and
increase awareness of and more quickly identify terrorism threats,
including the travel or attempted travel of individuals from the United
States to support a foreign terrorist organization (as such term is
described in section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)) abroad.
(b) Coordination.--To the extent practicable, in providing the
training under subsection (a), the Secretary shall coordinate with the
heads of other Federal agencies engaged in community outreach related
to countering violent extremism and shall also coordinate with such
agencies in the administration of related activities, including
community awareness briefings.
SEC. 102. COUNTERING VIOLENT EXTREMISM ASSESSMENT.
(a) Assessment Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with appropriate State, local, tribal, and territorial
representatives, shall assess the efforts of the Department of Homeland
Security to support countering violent extremism at the State, local,
tribal, and territorial levels. Such assessment shall include each of
the following:
(1) A cataloging of departmental efforts to assist State,
local, tribal, and territorial governments in countering
violent extremism.
(2) A review of cooperative agreements between the
Department and such governments relating to countering violent
extremism.
(3) An evaluation of departmental plans and any potential
opportunities to better support such governments that are in
furtherance of the Department's countering violent extremism
objectives and are consistent with all relevant constitutional,
legal, and privacy protections.
(b) Submission to Congress.--Not later than 150 days after the date
of enactment of this Act and consistent with the protection of
classified information, the Secretary of Homeland Security shall submit
to the appropriate congressional committees the findings of the
assessment required under subsection (a) together with any related
information regarding best practices for countering violent extremism
at the State, local, tribal, and territorial levels.
SEC. 103. DEPARTMENT-SPONSORED CLEARANCES.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Homeland Security shall notify the appropriate
congressional committees of the number of employees of State, local,
tribal, and territorial governments with security clearances sponsored
by the Department of Homeland Security. Such notification shall include
a detailed list of the agencies that employ such employees, the level
of clearance held by such employees, and whether such employees are
assigned as representatives to State and major urban area fusion
centers.
SEC. 104. DEFINITIONS.
In this title:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate.
(2) The term ``violent extremism'' means ideologically
motivated international terrorism or domestic terrorism, as
such terms are defined in section 2331 of title 18, United
States Code.
TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS
SEC. 201. DIRECTIVE.
(a) In General.--The Secretary of Homeland Security shall
incorporate, to the extent practicable, into Department of Homeland
Security efforts to combat terrorist recruitment and communications the
public testimonials of former violent extremists or their associates,
including friends and family. Such efforts may include the following:
(1) Countermessaging of foreign terrorist organization
communications and narratives.
(2) Related community engagement and public education
efforts.
(b) Coordination.--The Secretary of Homeland Security shall, where
appropriate, coordinate the efforts described in subsection (a) with
the heads of other Federal departments and agencies, as appropriate,
and, to the extent practicable, engage nongovernmental and
international partners in the identification and use of testimonials
described in such subsection.
(c) Rule of Construction.--Nothing in this section may be construed
to require the Secretary of Homeland Security to collect testimonials
directly from former violent extremists or their associates, including
friends and family.
TITLE III--COUNTERTERRORISM ADVISORY BOARD
SEC. 301. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY
BOARD.
(a) In General.--At the end of subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), add the
following:
``SEC. 210G. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.
``(a) Establishment.--There is in the Department a board to be
composed of senior representatives of departmental operational
components and headquarters elements. The purpose of the board shall be
to coordinate and integrate departmental intelligence, activities, and
policy related to the counterterrorism mission and functions of the
Department.
``(b) Charter.--There shall be a charter to govern the structure
and mission of the board. Such charter shall direct the board to focus
on the current threat environment and the importance of aligning
departmental counterterrorism activities under the Secretary's
guidance. The charter shall be reviewed and updated every four years,
as appropriate.
``(c) Members.--
``(1) Chair.--The Secretary shall appoint a Coordinator for
Counterterrorism within the Department who will serve as the
chair of the board.
``(2) Additional members.--The Secretary shall appoint
additional members of the board from among the following:
``(A) The Transportation Security Administration.
``(B) United States Customs and Border Protection.
``(C) United States Immigration and Customs
Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The Coast Guard.
``(F) United States Citizenship and Immigration
Services.
``(G) The United States Secret Service.
``(H) The National Protection and Programs
Directorate.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Policy.
``(M) The Science and Technology Directorate.
``(N) Other departmental offices and programs as
determined appropriate by the Secretary.
``(d) Meetings.--The board shall meet on a regular basis to discuss
intelligence and coordinate ongoing threat mitigation efforts and
departmental activities, including coordination with other Federal,
State, local, tribal, territorial, and private sector partners, and
shall make recommendations to the Secretary.
``(e) Terrorism Alerts.--The board shall advise the Secretary on
the issuance of terrorism alerts pursuant to section 203.
``(f) Prohibition on Additional Funds.--No additional funds are
authorized to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 210F the following:
``Sec. 210G. Departmental coordination on counterterrorism.''.
(c) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security, acting through the
Coordinator for Counterterrorism, shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the status and activities of the board established under section 210G
of the Homeland Security Act of 2002, as added by subsection (a).
TITLE IV--PROHIBITION ON NEW FUNDING
SEC. 401. PROHIBITION ON NEW FUNDING.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act.
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Countering Terrorist Radicalization Act This bill authorizes the Department of Homeland Security (DHS) to provide training for administering community awareness briefings and related activities in furtherance of its efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel of individuals from the United States to support a foreign terrorist organization abroad. DHS shall: (1) assess its efforts to support countering violent extremism at the state, local, tribal, and territorial levels; (2) notify Congress of the number of employees of state, local, tribal, and territorial governments with security clearances sponsored by DHS; and (3) incorporate the public testimonials of former extremists into its efforts to combat terrorist recruitment. The bill amends the Homeland Security Act of 2002 to establish in DHS a board to coordinate and integrate DHS's intelligence, activities, and policy related to its counterterrorism mission and functions. The board shall advise DHS on the issuance of terrorism alerts. DHS shall appoint a Coordinator for Counterterrorism to serve as the chair of the board.
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Provide a summary of the following text: SECTION 1. RESTORATION 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.--
(1) Subsection (a) of section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``this Act'' and all that follows and inserting ``this
Act (other than title V) shall not apply to taxable, plan, or
limitation years beginning after December 31, 2010.''.
(2) Subsection (b) of such section 901 is amended by
striking ``, estates, gifts, and transfers''.
(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. 2. ESTATE AND GIFT TAX RATES REDUCED TO 15 PERCENT OR, IF LOWER,
THE GENERALLY APPLICABLE CAPITAL GAINS RATE FOR
INDIVIDUALS.
(a) Estate Tax.--
(1) In general.--Section 2001 of the Internal Revenue Code
of 1986 (relating to estate tax) is amended by striking
subsections (b) and (c) and by inserting after subsection (a)
the following new subsection:
``(b) Computation of Tax.--
``(1) In general.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(A) the applicable percentage of the sum of--
``(i) the amount of the taxable estate, and
``(ii) the amount of the adjusted taxable
gifts, over
``(B) the aggregate amount of tax paid under
chapter 12 with respect to gifts made by the decedent
after December 31, 1976.
For purposes of subparagraph (A)(ii), the term `adjusted
taxable gifts' means the total amount of the taxable gifts
(within the meaning of section 2503) made by the decedent after
December 31, 1976, other than gifts which are includible in the
gross estate of the decedent.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means the lesser of 15
percent or the rate contained in section 1(h)(1)(C).''
(2) Conforming amendments.--
(A) Subsection (c) of section 2010 of such Code is
amended by striking ``the applicable credit amount''
and all that follows through ``the applicable exclusion
amount'' and inserting ``the applicable credit amount
shall be the applicable percentage (as defined in
section 2001(b)(2)) of the applicable exclusion
amount''.
(B) Subsection (b) of section 2101 of such Code is
amended to read as follows:
``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(1) the applicable percentage (as defined in section
2001(b)(2)) of the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.''
(C) Subsection (c) of section 2102 of such Code, as
in effect prior to its redesignation by section
532(c)(7)(B) of the Economic Growth and Tax Relief
Reconciliation Act of 2001, is amended--
(i) by striking ``$13,000'' each place it
appears and inserting ``$12,000'', and
(ii) by striking ``$46,800'' and inserting
``$35,000''.
(D) Subsection (a) of section 2201 of such Code is
amended by striking ``rate schedule set forth in
section 2001(c)'' and inserting ``applicable percentage
(as defined in section 2001(b)(2)''.
(b) Gift Tax.--
(1) In general.--Section 2502 of such Code is amended to
read as follows:
``SEC. 2502. RATE OF TAX.
``(a) General Rule.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the applicable percentage (as
defined in section 2001(b)(2)) of the sum of the taxable gifts for such
calendar year.
``(b) Tax to Be Paid by Donor.--The tax imposed by section 2501
shall be paid by the donor.''
(2) Conforming amendments.--
(A) Subchapter A of chapter 12 of such Code is
amended by striking section 2504.
(B) The table of sections for such subchapter is
amended by striking the item relating to section 2504.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2003.
SEC. 3. $5,000,000 EXEMPTION FROM ESTATE AND GIFT TAXES.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount), as amended
by section 2, is amended by striking ``the applicable exclusion
amount'' and all that follows and inserting ``$5,000,000.''.
(b) Gift Tax.--Paragraph (1) of section 2505(a) of such Code
(relating to general rule) is amended by striking ``(determined as if
the applicable exclusion amount were $1,000,000)''.
(c) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after December 31, 2003.
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Repeals subtitles A (Repeal of Estate and Generation-Skipping Transfer Taxes) and E (Carryover Basis at Death; Other Changes Taking Effect With Repeal) of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions) of the Economic Growth and Tax Relief Reconciliation Act of 2001. Makes the sunset provisions of such Act inapplicable to the remainder of title V.
Reduces estate and gift tax rates to the lesser of 15 percent or the applicable capital gains rate.
Sets a unified estate and gift tax credit of $5 million.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Law Enforcement Act of
2005''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Federal officials do not have sufficient manpower or
resources to prevent criminals, terrorists, and foreign
nationals who have entered the United States illegally from
engaging in criminal activity. Local and State law enforcement
officials are being overwhelmed by growing lawlessness along
our southern international border.
(2) There is a rapidly growing number of armed and
dangerous criminals, violent gang members, drug smugglers, and
potential terrorists entering the United States illegally over
our southern international border. These criminals are becoming
increasingly well organized, trained and equipped, and in
recent months a trend is developing which indicates that the
level of violence and the volume of criminal activity along the
Rio Grande is rapidly escalating to the level of open warfare
between law enforcement officials and organized criminal narco-
terrorists.
(3) Federal and State law enforcement officials have
identified an alarming increase in the number of foreign
nationals from countries with known connections to terrorist
organizations who are hiding among an immense and rapidly
growing number of foreign nationals who are entering the United
States illegally.
(4) The United States is at war with terrorist criminal
organizations and with individuals from foreign nations who are
fanatically committed to the destruction of the United States,
who have repeatedly demonstrated their ability and willingness
to hide their true identities and their evil purposes, and who
may enter and move about the United States illegally and use
sneak attacks and any criminal means or method available to
them to cause the mass destruction of human life in the United
States.
(5) The peace, security, and well being of the people of
the United States are being placed at grave risk by the
inability or unwillingness of Federal officials to protect our
international borders and prevent individuals from entering and
remaining in the United States illegally during our war on
terrorists. The lawlessness along our southern international
border is unacceptable, and presents a clear and present danger
to the nation.
SEC. 3. DESIGNATED COUNTY LAW ENFORCEMENT ASSISTANCE PROGRAM.
(a) Authority and Statements of Policy.--
(1) The Congress recognizes that elected State and local
law enforcement officials are directly accountable to State and
local voters. Therefore, by passage of this Act, Congress
reaffirms the residual full sovereign authority of the States
to protect the lives, safety, and property of the people within
their jurisdiction by preventing and punishing criminal
activity, subject only to judicial enforcement of minimum
Federal standards of due process and equal protection under the
14th Amendment.
(2) This Act authorizes the Sheriffs in designated counties
adjacent to the southern international border area, who are the
highest locally elected law enforcement authority in those
areas, to coordinate law enforcement operations in support of
personnel of United States Customs and Border Protection and
Immigration and Customs Enforcement, to conduct law enforcement
operations in the interior areas in their counties, including
the areas on and adjacent to the international border, to
ensure, as determined by Federal law enforcement officials,
that individuals detained or taken into custody by the Sheriff
are lawfully present in the United States, and to otherwise
authorize Sheriffs to assume full and final sovereign authority
to enforce criminal laws and to protect the peace, safety, and
security of all persons and property in their counties.
(3) The Congress finds that the rapidly escalating
lawlessness on our Nation's southern international border and
interior areas adjacent to the international border, and the
inability of Federal officials to control this lawlessness,
make the provisions of this Act reaffirming full sovereign
power to enforce criminal law in State and local officials
necessary ``to execute the Laws of the Union'' and ``to insure
domestic Tranquility, provide for the common defense'' and to
``promote the general Welfare''. Federal officials are directed
to implement, enforce, and carry out vigorously and promptly
the intent of Congress as expressed in this Act.
(b) Establishment of Program.--
(1) In general.--A Designated County Law Enforcement
Assistance program is hereby established jointly within the
Department of Justice and the Department of Homeland Security
in order to provide immediate and long term financial
assistance and authorization for the law enforcement operations
of Sheriffs in counties adjacent to the southern international
border of the United States.
(2) Designated counties adjacent to the southern border of
the united states defined.--In this Act, the term ``designated
counties adjacent to the southern international border of the
United States'' includes a county any part of which is within
25 miles of the southern international border of the United
States.
(c) Authority.--
(1) In general.--Any Sheriff or coalition or group of
Sheriffs from designated counties adjacent to the southern
international border of the United States is authorized to
perform the following duties or functions, and shall be
promptly paid for the costs of performing such duties or
functions by the Attorney General or the Secretary of Homeland
Security for any local or State funds previously expended or
proposed to be spent by that Sheriff or coalition or group of
Sheriffs.
(A) To conduct law enforcement operations in the
interior areas of their counties on and adjacent to the
southern international border of the United States in
order to enforce criminal laws, prevent and punish
criminal activity, and protect the lives, property, and
security of the people within the jurisdiction of the
Sheriff.
(B) To transfer aliens detained or in the custody
of the Sheriff who are not lawfully present in the
United States to appropriate Federal law enforcement
officials.
(C) To enforce State and Federal laws relating to
controlled substance trafficking and enforce other
State and Federal criminal laws (other than Federal
immigration laws, except as provided pursuant to a
written agreement entered into with the Secretary of
Homeland Security relating to the investigation,
apprehension, or detention of aliens in the United
States (including the transportation of such aliens
across State lines to detention centers) under section
287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g))) in interior areas of their counties on and
adjacent to the southern international border of the
United States.
(2) Payment of costs.--Payment of costs under paragraph (1)
shall include payment--
(A) for costs of equipping, training, and otherwise
controlling the operation and deployment of Sheriffs,
deputy Sheriffs, reserve deputy Sheriffs, officers, and
corrections officers, as well as the costs of paying
overtime to such officials engaged in duties relating
to activities authorized by this Act or necessary to
protect the lives, safety, and property of persons in
their counties; and
(B) for costs of detaining, housing, and
transporting aliens who are not lawfully present in the
United States or who have unlawfully entered the United
States at a location other than a port of entry and who
are taken into custody by the Sheriff.
(3) Limitation to future costs.--In no case shall payment
be made under this section for costs incurred before the date
of the enactment of this Act.
(4) Advance payment of costs.--The Attorney General shall
make an advance payment under this section upon a certification
of anticipated costs for which payment may be made under this
section, but in no case shall such an advance payment cover a
period of costs of longer than 3 months.
(d) Designated County Law Enforcement Account.--
(1) Separate account.--Reimbursement or pre-payment under
subsection (c) shall be made promptly from funds deposited into
a separate account in the Treasury of the United States to be
entitled the ``Designated County Law Enforcement Account''.
(2) Availability of funds.--All deposits into the
Designated County Law Enforcement Account shall remain
available until expended to the Attorney General to carry out
the provisions of this Act.
(3) Promptly defined.--For purposes of this Act, the term
``promptly'' means within 60 days.
(e) Funds for the Designated County Law Enforcement Account.--Only
funds designated, authorized, or appropriated by Congress may be
deposited or transferred to the Designated County Law Enforcement
Account. The Designated County Law Enforcement Account is authorized to
receive up to $100 million per year.
(f) Use of Funds.--
(1) In general.--Funds provided under this section shall be
payable directly to participating Sheriff's offices and may be
used for the duties and functions described in subsection
(c)(1), including the costs of personnel (such as overtime pay
and costs for reserve deputies), costs of training of such
personnel, equipment, and, subject to paragraph (2), the
construction, maintenance, and operation of detention
facilities to detain aliens who are unlawfully present in the
United States. For purposes of this Act, an alien who is
unlawfully present in the United States shall be deemed to be a
Federal prisoner beginning upon determination by Federal law
enforcement officials that such alien is unlawfully present in
the United States, and such alien shall, upon such
determination, be deemed to be in Federal custody. In order for
costs to be eligible for payment, the Sheriff making such
application shall personally certify under oath that all costs
submitted in the application for reimbursement or advance
payment meet the requirements of this section and are
reasonable and necessary, and such certification shall be
subject to all State and Federal laws governing statements made
under oath, including the penalties of perjury, removal from
office, and prosecution under State and Federal law.
(2) Limitation.--Not more than 20 percent of the amount of
funds provided under this section may be used for the
construction or renovation of detention or similar facilities.
(g) Disposition and Delivery of Detained Aliens.--All aliens
detained or taken into custody by a Sheriff under this Act and with
respect to whom Federal law enforcement officials determine are
unlawfully present in the United States, shall be immediately delivered
to Federal law enforcement officials. In accordance with subsection
(f)(1), an alien who is in the custody of a Sheriff shall be deemed to
be a Federal prisoner and in Federal custody.
SEC. 4. REGULATIONS; EFFECTIVE DATE; AUDIT; SUPPLEMENTAL FUNDING.
(a) Regulations.--The Attorney General and the Secretary of
Homeland Security shall jointly issue, on an interim final basis,
regulations not later than 60 days after the date of the enactment of
this Act--
(1) governing the distribution of funds under this Act for
all reasonable and necessary costs and other expenses incurred
or proposed to be incurred by a Sheriff or coalition or group
of Sheriffs under this Act; and
(2) providing uniform standards that all other Federal law
enforcement officials shall follow to cooperate with such
Sheriffs and to otherwise implement the requirements of this
Act.
(b) Effective Date.--The provisions of this Act shall take effect
on its enactment. The promulgation of any regulations under subsection
(a) is not a necessary precondition to the immediate deployment or work
of Sheriffs personnel or corrections officers as authorized by this
Act. Any reasonable and necessary expenses or costs authorized by this
Act and incurred by such Sheriffs after the date of the enactment of
this Act but prior to the date of the promulgation of such regulations
are eligible for reimbursement under the terms and conditions of this
Act.
(c) Audit.--All funds paid out under this Act are subject to audit
by the Inspector General of the Department of Justice and abuse or
misuse of such funds shall be vigorously investigated and prosecuted to
the full extent of Federal law.
(d) Supplemental Funding.--All funds paid out under this Act must
supplement, and may not supplant, State or local funds used for the
same or similar purposes.
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Border Law Enforcement Act of 2005 - Establishes a Designated County Law Enforcement Assistance program jointly within the Department of Justice and the Department of Homeland Security (DHS) to provide financial assistance and authorization for the law enforcement operations of sheriffs in counties adjacent to the southern U.S. border. Authorizes the sheriffs in these counties to: (1) coordinate law enforcement operations in support of U.S. Customs and Border Protection and Immigration and Customs Enforcement; (2) conduct law enforcement operations in their counties in order to enforce criminal laws and protect lives, property, and security; (3) transfer aliens detained or taken into custody who are not lawfully present in the United States to appropriate federal law enforcement officials; (4) enforce state and federal laws relating to controlled substance trafficking and other criminal laws other than immigration laws (except as provided in an agreement with DHS); and (5) be paid for the costs of performing such duties or functions by the Attorney General or the Secretary of Homeland Security.
Creates the Designated County Law Enforcement Account in the Treasury. Requires the Attorney General and the Secretary to jointly issue regulations that govern the distribution of funds under this Act and provide uniform standards that all other federal law enforcement officials shall follow to cooperate with such sheriffs.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Can You Hear Me Now Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) After two terrorist attacks it is time to fix the
communications system for the New York City Fire Department.
(2) During its response to the 1993 bombing of the World
Trade Center in New York City, the New York City Fire
Department's radios did not work in the twin towers of the
World Trade Center. The resulting lack of communication
complicated operations but did not result in the death of any
firefighter.
(3) Eight years later, on September 11, 2001, the World
Trade Center was attacked again and the fire department's radio
system failed again.
(4) Soon before the collapse of Tower One of the World
Trade Center, fire department officials tried in vain to radio
firefighters to evacuate the building.
(5) The firefighters' radio system failed the firefighters
in Tower One and as a result many were not able to receive this
warning. The failure of the radio system was largely
responsible for the death of many of the 343 firefighters who
died in the collapse of the World Trade Center twin towers.
(6) Since September 11, 2001, the fire department has taken
steps to improve the communications system that failed them.
However, many tall buildings in New York City have not
installed repeaters that are needed to boost signals, and the
signals are often lost in high-rise buildings and underground.
(7) In August 2003, New York City experienced a blackout.
During the blackout the fire department's radio system was
again found not to work reliably during emergency situations or
in high buildings.
(8) The dispatch system currently used by the New York City
Fire Department was acquired in the early 1970s and hampers the
ability of the department to fully communicate with its
firefighters and provide appropriate detailed information about
the buildings and locations to which they respond.
(9) Since the terrorist attacks of September 11, 2001,
executive branch officials have repeatedly warned that future
terror attacks are not a matter of if, but when. The Secretary
of Homeland Security has identified New York City as one of the
main terrorist targets.
(10) With New York City remaining a top terrorist target,
such communications system should be a national priority.
(11) A new state-of-the-art communications system and
upgrades to the critical information dispatch system for the
New York City Fire Department should be--
(A) seamless from the receipt of a 911 call to the
dispatch of the firefighter; and
(B) interoperable with other public safety offices
within the City of New York.
SEC. 3. REQUIREMENT TO PROCURE COMMUNICATIONS SYSTEM FOR NEW YORK CITY
FIRE DEPARTMENT.
(a) In General.--The Secretary of Homeland Security shall, by not
later than 1 year after the date of the enactment of this Act, procure
development and provision of a communications system for the New York
City Fire Department, including appropriate radios for the entire
department and upgrades to the critical information dispatch system of
the department.
(b) Requirements.--
(1) Radios.--Radios procured pursuant to this section must
be capable of operating in all locations, and under all
conditions, in which firefighters can reasonably be expected to
work in responding to an emergency in New York City.
(2) Supplemental communication device.--Any communications
system procured pursuant to this section must include provision
to each firefighter of a supplemental radio communication
device that--
(A) allows the firefighter to transmit audio and
radio emergency notification warning signals to other
firefighters whenever the firefighter is in distress
and in immediate need of assistance; and
(B) has the capability to operate automatically in
a passive mode by transmitting audio and radio messages
that will relay the firefighter's identification and
location if the firefighter--
(i) becomes incapacitated and motionless;
and
(ii) is unable to physically transmit a
call for help.
(3) Dispatch system.--Upgrades to the critical information
dispatch system procured pursuant to this section must--
(A) allow the fire department to communicate with
firefighters in all locations, and under all
conditions, in which firefighters can reasonably be
expected to work in responding to an emergency in New
York City, including all high-rise buildings and
subways;
(B) provide useful, detailed data concerning all
likely terrorist target locations in the City of New
York; and
(C) be capable of providing to responding
firefighters, instantaneously, details about particular
buildings and other locations to assist them in making
decisions about how to mitigate a terrorist attack and
save lives and property.
(c) Testing.--Radios, any dispatch system upgrades, and
supplemental communication devices procured pursuant to this section
must have been tested to ensure they will operate in all locations and
under all conditions in which firefighters can reasonably be expected
to work in responding to an emergency in New York City.
(d) Coordination.--In carrying out this section the Secretary shall
coordinate with the City of New York to ensure that the communications
system procured under this section is--
(1) compatible with the plans of the City of New York to
upgrade its 911 system; and
(2) interoperable with other public safety communications
systems.
(e) Progress Report.--The Secretary shall submit to the Congress a
report on progress made in carrying out this section, on--
(1) February 26, 2008; and
(2) September 11, 2008.
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9/11 Can You Hear Me Now Act - Directs the Secretary of Homeland Security to procure development and provision of a communications system for the New York City Fire Department, including appropriate radios and upgrades to the Department's critical information dispatch system that allow communication in all locations and under all conditions in which firefighters can reasonably be expected to work, including all high-rise buildings and subways.
Directs that any communications system procured include provision to each firefighter of a supplemental radio communication device that: (1) allows the firefighter to transmit emergency notification warning signals to other firefighters; and (2) has the capability to operate automatically by transmitting messages that will relay an incapacitated firefighter's identification and location.
Requires that upgrades procured: (1) provide useful, detailed data concerning all likely terrorist target locations in the city; and (2) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist in making decisions about how to mitigate a terrorist attack.
Requires that: (1) radios, any dispatch system upgrades, and supplemental communication devices procured be tested; and (2) the Secretary coordinate with the city to ensure that the communications system procured is compatible with city plans to upgrade its 911 system and interoperable with other public safety communications systems.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Completion Challenge Grant
Act of 2000''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided in this Act, 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 Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 3. SUMMER PROGRAMS AND SUPPLEMENTARY GRANTS.
(a) Duration of Grants.--The matter preceding subparagraph (A) of
section 402A(b)(2) (20 U.S.C. 1070a-11(b)(2)) is amended by inserting
``, except grants made under section 402D(d),'' before ``shall''.
(b) Minimum Grants.--Section 402A(b)(3)(A) (20 U.S.C. 1070a-
11(b)(3)(A)) is amended by striking ``sections 402D'' and inserting
``sections 402D(a)''.
(c) College Completion Challenge Grants.--Section 402D (20 U.S.C.
1070a-14) is amended by adding at the end the following:
``(d) College Completion Challenge Grants.--
``(1) Reservation.--For any fiscal year, the Secretary may
reserve not more than 20 percent of the funds made available
under this section for College Completion Challenge Grants in
accordance with this subsection.
``(2) Eligible entities.--The following entities may apply
for a College Completion Challenge Grant:
``(A) A recipient of a grant under subsection (a).
``(B) Any entity described in section 402A(b)(1)
that demonstrates, to the satisfaction of the
Secretary, that it is providing services described in
subsection (a).
``(C) Subject to paragraph (5), any entity that is
seeking a grant under subsection (a).
``(3) Uses of funds; requirements.--(A) Subject to
paragraph (4)(B), a recipient of a grant under this subsection
may use those funds to provide grant aid under subparagraph (B)
or a summer program under subparagraph (C).
``(B)(i) Except as provided in subparagraphs (C)(i) and
(D), a recipient of a grant under this subsection may use those
funds to provide grants to students who are in their first 2
years of postsecondary education and who are receiving Federal
Pell Grants under subpart 1.
``(ii)(I) The Secretary may, by regulation, establish
minimum award levels for grants to students under clause (i),
taking into account such factors as the different costs of
attendance associated with public and private institutions.
``(II) If the Secretary does not establish minimum award
levels under subclause (I), or if an institution wishes to
provide grants under clause (i) in an amount less than the
minimum set by the Secretary, the institution shall demonstrate
in its application, to the satisfaction of the Secretary, that
the size of the grants it will provide to students is
appropriate and likely to have a significant effect on student
retention at that institution.
``(iii) A grant provided to a student under clause (i)
shall not be considered in determining that student's need for
grant or work assistance under this title, except that in no
case shall the total amount of student financial assistance
awarded to a student under this title exceed that student's
cost of attendance, as defined in section 472.
``(C)(i) A recipient of a grant under this subsection may
use those funds to establish an intensive summer program for
incoming first-year students (or students entering their second
or third year of postsecondary education if the institution can
demonstrate, to the satisfaction of the Secretary, that it is
addressing the needs of first-year students and that a summer
program may help retention of second- or third-year students at
risk of dropping out of school).
``(ii) A summer program under this subparagraph shall--
``(I) be no shorter than 6 weeks;
``(II) include room, board, and the cost of the
program, at no cost to the student; and
``(III) include a stipend.
``(D) A recipient of funds under this subsection may serve
students who have completed their first 2 years of
postsecondary education if it demonstrates in its application,
to the satisfaction of the Secretary, that--
``(i) these students are at high risk of dropping
out of school; and
``(ii) it will first meet the needs of all its
eligible first- and second-year students for services
under this subsection.
``(4) Applications.--(A) Each eligible applicant that
desires a grant under this subsection shall submit to the
Secretary an application for that grant at such time and
containing such information as the Secretary may prescribe.
``(B) Each eligible applicant that submits to the Secretary
an application that does not propose to use funds under this
subsection for both grants under paragraph (3)(B) and a summer
program under paragraph (3)(C) shall demonstrate, to the
satisfaction of the Secretary, how it will otherwise provide
both grants under paragraph (3)(B) and a summer program under
paragraph (3)(C).
``(C) Each eligible applicant for a grant under this
subsection whose grant under subsection (a) will end prior to
its grant under this subsection shall describe, in its
application for a grant under this subsection, how it will
continue to carry out the services and activities it carried
out under subsection (a) during the duration of its grant under
subsection (a).
``(D) Each eligible applicant for a grant under this
subsection that is not receiving funds under subsection (a)
shall describe in its application, to the satisfaction of the
Secretary, the services described under subsection (a) that it
is providing using funds other than funds provided under
subsection (a).
``(5) Special rule.-- Any eligible applicant that is
applying for grants under both subsection (a) and this
subsection that does not provide the services described under
subsection (a) at the time of application through funding
sources other than subsection (a) may not receive a grant under
this subsection unless it also receives a grant under
subsection (a).
``(6) Matching funds.--(A) Except as provided in
subparagraph (B), a recipient of a grant under this subsection
shall provide, from non-Federal funds, not less than 33 percent
of the total cost, in cash, of its program under this
subsection.
``(B) Subparagraph (A) shall not apply to any institution
of higher education that is eligible to receive funds under
part A or B of title III, or under title V.
``(7) Duration of grants.--Grants under this subsection
shall be awarded for a period of 4 years.''.
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Authorizes the Secretary of Education to reserve specified funds to make such grants to certain entities. Requires grantees to use such funds to provide: (1) additional grant aid to students in their first two years of postsecondary education who are receiving Federal Pell Grants; or (2) intensive summer programs for incoming first-year students (and, under certain conditions, second- or third-year students). Allows grantees to use such funds to serve students who have completed their first two years of postsecondary education if they are at high risk of dropping out of school and if the grantee will first meet the needs of all its eligible first- and second-year students for services under this Act.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Title VII Fairness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Filing limitations periods serve important functions.
They ensure that all claims are promptly raised and
investigated, and, when remediation is warranted, that the
violations involved are promptly remediated.
(2) Limitations periods are particularly important in
employment situations, where unresolved grievances have a
singularly corrosive and disruptive effect.
(3) Limitations periods are also particularly important for
a statutory process that favors the voluntary resolution of
claims through mediation and conciliation. Promptly raised
issues are invariably more susceptible to such forms of
voluntary resolution.
(4) In instances in which that voluntary resolution is not
possible, a limitations period ensures that claims will be
adjudicated on the basis of evidence that is available,
reliable, and from a date that is proximate in time to the
adjudication.
(5) Limitations periods, however, should not be construed
to foreclose the filing of a claim by a reasonable person who
exercises due diligence regarding the person's rights but who
did not have, and should not have been expected to have, a
reasonable suspicion that the person was the object of unlawful
discrimination. Such a person should be afforded the full
applicable limitation period to commence a claim from the time
the person has, or should be expected to have, a reasonable
suspicion of discrimination.
SEC. 3. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL EMPLOYMENT
PRACTICES.
Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(e)) is amended by adding at the end the following:
``(3)(A) This paragraph shall apply to a charge if--
``(i) the charge alleges an unlawful employment practice
involving discrimination in violation of this title; and
``(ii) the person aggrieved demonstrates that the person
did not have, and should not have been expected to have, enough
information to support a reasonable suspicion of such
discrimination, on the date on which the alleged unlawful
employment practice occurred.
``(B) In the case of such a charge, the applicable 180-day or 300-
day filing period described in paragraph (1) shall commence on the date
when the person aggrieved has, or should be expected to have, enough
information to support a reasonable suspicion of such discrimination.
``(C) Nothing in this paragraph shall be construed to change or
modify the provisions of subsection (g)(1).
``(D) Nothing in this paragraph shall be construed to apply to a
charge alleging an unlawful employment practice relating to the
provision of a pension or a pension benefit.''.
SEC. 4. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL PRACTICES BASED ON
AGE.
Section 7(d) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 626(d)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``(d)'' and inserting ``(d)(1)'';
(3) in the third sentence, by striking ``Upon'' and
inserting the following:
``(2) Upon''; and
(4) by adding at the end the following:
``(3)(A) This paragraph shall apply to a charge if--
``(i) the charge alleges an unlawful practice involving
discrimination in violation of this Act; and
``(ii) the person aggrieved demonstrates that the person
did not have, and should not have been expected to have, enough
information to support a reasonable suspicion of such
discrimination, on the date on which the alleged unlawful
practice occurred.
``(B) In the case of such a charge, the applicable 180-day or 300-
day filing period described in paragraph (1) shall commence on the date
when the person aggrieved has, or should be expected to have, enough
information to support a reasonable suspicion of such discrimination.
``(C) Nothing in this paragraph shall be construed to change or
modify any remedial provision of this Act.
``(D) Nothing in this paragraph shall be construed to apply to a
charge alleging an unlawful practice relating to the provision of a
pension or a pension benefit.''.
SEC. 5. APPLICATION TO OTHER LAWS.
(a) Americans With Disabilities Act of 1990.--Section 706(e)(3) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(e)(3)) shall apply (in
the same manner as such section applies to a charge described in
subparagraph (A)(i) of such section) to claims of discrimination
brought under title I and section 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to
section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the
powers, remedies, and procedures set forth in section 706 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-5).
(b) Conforming Amendments.--
(1) Civil rights act of 1964.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at
the end the following:
``(f)(1) Subject to paragraph (2), section 706(e)(3) shall apply
(in the same manner as such section applies to a charge described in
subparagraph (A)(i) of such section) to complaints of discrimination
under this section.
``(2) For purposes of applying section 706(e)(3) to a complaint
under this section, a reference in section 706(e)(3)(B) to a filing
period shall be considered to be a reference to the applicable filing
period under this section.''.
(2) Age discrimination in employment act of 1967.--
(A) In general.--Section 15(f) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
633a(f)) is amended by striking ``of section'' and
inserting ``of sections 7(d)(3) and''.
(B) Application.--For purposes of applying section
7(d)(3) of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 626(d)(3)) to a complaint under section
15 of that Act (29 U.S.C. 633a), a reference in section
7(d)(3)(B) of that Act to a filing period shall be
considered to be a reference to the applicable filing
period under section 15 of that Act.
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Title VII Fairness Act - Amends the Americans With Disabilities Act of 1990 and title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to delay the start of the time period for filing charges of employment discrimination until the aggrieved person has, or should be expected to have, enough information to support a reasonable suspicion of the discrimination, provided the aggrieved person demonstrates that the person did not have, and should not have been expected to have, enough information to support a reasonable suspicion of such discrimination on the date on which the alleged discrimination occurred. Prohibits applying these amendments to alleged discrimination relating to pensions or pension benefits.
Applies the above Civil Rights Act of 1964 amendment to discrimination claims brought under: (1) specified provisions of the Americans with Disabilities Act of 1990; and (2) provisions of the Civil Rights Act of 1964 relating to employment by the federal government.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Treatment Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Advertising claims.--The term ``advertising claims''
means any representations made or suggested by statement, word,
design, device, sound, or any combination thereof with respect
to a medical treatment.
(2) Danger.--The term ``danger'' means any negative
reaction that--
(A) causes serious harm;
(B) occurred as a result of a method of medical
treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments for the same medical
condition or conditions.
(3) Device.--The term ``device'' has the same meaning given
such term in section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the same meaning given
such term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1)).
(5) Food.--The term ``food''--
(A) has the same meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care
practitioner'' means a physician or another person who is
legally authorized to provide health professional services in
the State in which the services are provided.
(7) Label.--The term ``label'' has the same meaning given
such term in section 201(k) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(k)).
(8) Labeling.--The term ``labeling'' has the same meaning
given such term in section 201(m) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(m)).
(9) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under State law.
(10) Medical treatment.--The term ``medical treatment''
means any food, drug, device, or procedure that is used and
intended as a cure, mitigation, treatment, or prevention of
disease.
(11) Seller.--The term ``seller'' means a person, company,
or organization that receives payment related to a medical
treatment of a patient of a health practitioner, except that
this term does not apply to a health care practitioner who
receives payment from an individual or representative of such
individual for the administration of a medical treatment to
such individual.
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall have the
right to be treated by a health care practitioner with any medical
treatment (including a medical treatment that is not approved,
certified, or licensed by the Secretary of Health and Human Services)
that such individual desires or the legal representative of such
individual authorizes if--
(1) such practitioner has personally examined such
individual and agrees to treat such individual; and
(2) the administration of such treatment does not violate
licensing laws.
(b) Medical Treatment Requirements.--A health care practitioner may
provide any medical treatment to an individual described in subsection
(a) if--
(1) there is no reasonable basis to conclude that the
medical treatment itself, when used as directed, poses an
unreasonable and significant risk of danger to such individual;
(2) in the case of an individual whose treatment is the
administration of a food, drug, or device that has to be
approved, certified, or licensed by the Secretary of Health and
Human Services, but has not been approved, certified, or
licensed by the Secretary of Health and Human Services--
(A) such individual has been informed in writing
that such food, drug, or device has not yet been
approved, certified, or licensed by the Secretary of
Health and Human Services for use as a medical
treatment of the medical condition of such individual;
and
(B) prior to the administration of such treatment,
the practitioner has provided the patient a written
statement that states the following:
``WARNING: This food, drug, or device has
not been declared to be safe and effective by
the Federal Government and any individual who
uses such food, drug, or device, does so at his
or her own risk.'';
(3) such individual has been informed in writing of the
nature of the medical treatment, including--
(A) the contents and methods of such treatment;
(B) the anticipated benefits of such treatment;
(C) any reasonably foreseeable side effects that
may result from such treatment;
(D) the results of past applications of such
treatment by the health care practitioner and others;
and
(E) any other information necessary to fully meet
the requirements for informed consent of human subjects
prescribed by regulations issued by the Food and Drug
Administration;
(4) except as provided in subsection (c), there have been
no advertising claims made with respect to the efficacy of the
medical treatment by the practitioner;
(5) the label or labeling of a food, drug, or device that
is a medical treatment is not false or misleading; and
(6) such individual--
(A) has been provided a written statement that such
individual has been fully informed with respect to the
information described in paragraphs (1) through (4);
(B) desires such treatment; and
(C) signs such statement.
(c) Claim Exceptions.--
(1) Reporting by a practitioner.--Subsection (b)(4) shall
not apply to an accurate and truthful reporting by a health
care practitioner of the results of the practitioner's
administration of a medical treatment in recognized journals,
at seminars, conventions, or similar meetings, or to others, so
long as the reporting practitioner has no direct or indirect
financial interest in the reporting of the material and has
received no financial benefits of any kind from the
manufacturer, distributor, or other seller for such reporting.
Such reporting may not be used by a manufacturer, distributor,
or other seller to advance the sale of such treatment.
(2) Statements by a practitioner to a patient.--Subsection
(b)(4) shall not apply to any statement made in person by a
health care practitioner to an individual patient or an
individual prospective patient.
(3) Dietary supplements statements.--Subsection (b)(4)
shall not apply to statements or claims permitted under
sections 403B and 403(r)(6) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself
was a danger to the individual receiving such treatment, the
practitioner shall immediately report to the Secretary of Health and
Human Services the nature of such treatment, the results of such
treatment, the complete protocol of such treatment, and the source from
which such treatment or any part thereof was obtained.
(b) Secretary.--Upon confirmation that a medical treatment has
proven dangerous to an individual, the Secretary of Health and Human
Services shall properly disseminate information with respect to the
danger of the medical treatment.
SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
If a health care practitioner, after administering a medical
treatment that is not a conventional medical treatment for a life-
threatening medical condition or conditions, discovers that such
medical treatment has positive effects on such condition or conditions
that are significantly greater than the positive effects that are
expected from a conventional medical treatment for the same condition
or conditions, the practitioner shall immediately make a reporting,
which is accurate and truthful, to the Office of Alternative Medicine
of--
(1) the nature of such medical treatment (which is not a
conventional medical treatment);
(2) the results of such treatment; and
(3) the protocol of such treatment.
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
Notwithstanding any other provision of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 201 et seq.), a person may--
(1) introduce or deliver into interstate commerce a food,
drug, device, or any other equipment; and
(2) produce a food, drug, device, or any other equipment,
solely for use in accordance with this Act if there have been no
advertising claims by the manufacturer, distributor, or seller.
SEC. 7. VIOLATION OF THE CONTROLLED SUBSTANCES ACT.
A health care practitioner, manufacturer, distributor, or other
seller may not violate any provision of the Controlled Substances Act
(21 U.S.C. 801 et seq.) in the provision of medical treatment in
accordance with this Act.
SEC. 8. PENALTY.
A health care practitioner who knowingly violates any provisions
under this Act shall not be covered by the protections under this Act
and shall be subject to all other applicable laws and regulations.
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Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires, or that is authorized by the legal representative of the individual, if: 1) the practitioner agrees to treat the individual; and 2) the administration of such treatment does not violate licensing laws.
Authorizes health care practitioners to provide any method of treatment to such an individual: 1) if there is no evidence that the treatment is a danger to the individual; and 2) if the treatment has not been approved, the individual has been informed that the treatment has not been approved and the food, drug, or device contains a warning to that effect.
Requires a practitioner, after administering such treatment and discovering it to be a danger to an individual, to submit a report to the Secretary of Health and Human Services. Requires the Secretary to properly disseminate information with respect to the danger of the medical treatment.
Requires a practitioner to immediately report to the Office of Alternative Medicine the positive effects of an unconventional medical treatment for a life-threatening medical condition including: 1) the nature of such treatment; 2) the results of such treatment; and 3) the protocol of such treatment.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Fighting Enforcement Act''.
SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER ANIMAL
WELFARE ACT.
Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
(1) in subsection (e), by striking ``1 year'' and inserting
``2 years'';
(2) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively;
(3) by inserting after subsection (b) the following new
subsection:
``(c) It shall be unlawful for any person to knowingly sell, buy,
transport, or deliver in interstate or foreign commerce a knife or gaff
or any other sharp instrument attached or designed or intended to be
attached to a bird's leg for use in an animal fighting venture.''; and
(4) by striking subsection (g) (as so redesignated) and
inserting the following new subsection:
``(g)(1) The Secretary or any other person authorized by him shall
make such investigations as the Secretary deems necessary to determine
whether any person has violated or is violating any provision of this
section, and the Secretary may obtain the assistance of the Federal
Bureau of Investigation, the Department of the Treasury, or other law
enforcement agencies of the United States, and State and local
governmental agencies, in the conduct of such investigations, under
cooperative agreements with such agencies.
``(2) A warrant to search for and seize any animal, paraphernalia,
instruments, or other property or things which there is probable cause
to believe were involved, about to be involved, or intended to be
involved in any violation of this section shall be issued by any judge
of the United States or State court of record or by a United States
magistrate judge within the district where the animal sought is
located. Any United States marshal or any person authorized under this
section to conduct investigations may apply for and execute any such
warrant, and any animal, paraphernalia, instruments, or other property
or things seized under such a warrant shall be held by the United
States marshal or other authorized person pending disposition thereof
by a court in accordance with this subsection.
``(3) All animals seized shall, at the discretion of the United
States marshal or other authorized person, be taken promptly to an
animal housing facility in which the animals may be stored humanely. If
such an animal storage facility is not available, the United States
marshal or other authorized person may cause the animals involved,
about to be involved, or intended to be involved in any violation of
this section to remain at the location at which they were found, in
which case the United States marshal or other authorized person shall--
``(A) seize a representative sample of animals for
evidentiary purposes to be transported to an animal storage
facility in which the animals may be stored humanely; and
``(B) cause all animals used in committing the alleged
offenses to be banded, tagged, or marked by microchip, and
photographed or videotaped for evidentiary purposes.
``(4) Necessary care, including but not limited to housing,
feeding, and veterinary treatment, shall be provided while the animals
are so held in custody. Any animal, paraphernalia, instruments, or
other property or things involved in any violation of this section
shall be liable to be proceeded against and forfeited to the United
States at any time on complaint filed in any United States district
court or other court of the United States for any jurisdiction in which
the animal, paraphernalia, instruments, or other property or things are
found and upon a judgment of forfeiture shall be disposed of by humane
means, as the court may direct. Costs incurred by the United States for
care of animals seized and forfeited under this section shall be
recoverable from the owner of the animals if he or she appears in such
forfeiture proceeding or in a separate civil action brought in the
jurisdiction in which the owner is found, resides, or transacts
business.
``(5) The owner, custodian, or other person claiming an interest in
an animal seized may prevent disposition of the animal by posting, or
may be ordered by any United States district court or other court of
the United States for any jurisdiction in which the animal is found to
post, not later than 10 days after the animal has been seized, a bond
with the court in an amount sufficient to provide for the animal's care
(including but not limited to housing, feeding, and veterinary
treatment) for not less than 30 days, beginning from the date the
animal was seized. The owner may renew a bond, or be ordered to renew a
bond, by posting a new bond, in an amount sufficient to provide for the
animal's care and keeping for at least an additional 30 days, not later
than 10 days after the expiration of the period for which a previous
bond was posted. If a bond expires and is not renewed, the animal may
be disposed of as provided in paragraph (4).
``(6) Notwithstanding paragraphs (1) through (5), the animal may be
humanely euthanized if a veterinarian determines that the animal is
suffering extreme pain.''.
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Animal Fighting Enforcement Act - Amends the Animal Welfare Act to increase the imprisonment penalty for animal fighting violations from one year to two years. Makes it unlawful to ship in interstate commerce a knife, gaff, or other sharp instrument used in cockfighting.Revises enforcement provisions.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women Veterans
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to better integrate the medical,
housing, mental health, and other benefits provided by the Department
of Veterans Affairs (in this Act referred to as the ``Department'')
with existing community-based domestic violence and sexual assault
services--
(1) to provide a more efficient and coordinated network of
support for veterans experiencing domestic violence or sexual
assault; and
(2) to better understand the impact of domestic violence
and sexual assault on veterans, particularly female veterans.
SEC. 3. PROGRAM TO ASSIST VETERANS WHO EXPERIENCE DOMESTIC VIOLENCE OR
SEXUAL ASSAULT.
(a) Program Required.--The Secretary of Veterans Affairs (in this
Act referred to as the ``Secretary'') shall carry out a program to
assist veterans that have experienced or are experiencing domestic
violence or sexual assault in accessing benefits from the Department,
including coordinating access to medical treatment centers, housing
assistance, and other benefits from the Department.
(b) Partnership.--The Secretary shall carry out the program under
subsection (a) in partnership with--
(1) domestic violence shelters and programs;
(2) rape crisis centers;
(3) State domestic violence and sexual assault coalitions;
and
(4) such other health care or other service providers that
serve domestic violence or sexual assault victims as determined
by the Secretary, particularly those providing emergency
services or housing assistance.
(c) Authorized Activities.--In carrying out the program under
subsection (a), the Secretary may conduct the following activities:
(1) Training for community-based domestic violence or
sexual assault service providers on--
(A) identifying veterans who have been victims of
domestic violence or sexual assault;
(B) coordinating with local service providers of
the Department; and
(C) connecting veterans with appropriate housing,
mental health, medical, and other financial assistance
or benefits from the Department.
(2) Assistance to service providers to ensure access of
veterans to domestic violence and sexual assault emergency
services, particularly in underserved areas, including services
for members of Indian tribes.
(3) Such other outreach and assistance as the Secretary
determines necessary for the provision of assistance under
subsection (a).
(d) Domestic Violence and Sexual Assault Outreach Coordinators.--
(1) In general.--In order to effectively assist veterans
who have experienced domestic violence or sexual assault, the
Secretary may establish local coordinators to provide outreach
under the program required by subsection (a).
(2) Local coordinator knowledge.--The Secretary shall
ensure that each coordinator established under paragraph (1) is
knowledgeable about--
(A) the dynamics of domestic violence and sexual
assault, including safety concerns, legal protections,
and the need for the provision of confidential
services;
(B) veteran eligibility for Department services and
benefits relevant to recovery from domestic violence
and sexual assault, particularly emergency housing
assistance, mental health care, other health care, and
disability benefits; and
(C) local community resources addressing domestic
violence and sexual assault.
(3) Local coordinator assistance.--Each coordinator
established under paragraph (1) shall assist domestic violence
shelters and rape crisis centers in providing services to
veterans.
SEC. 4. NATIONAL TASK FORCE ON VETERANS EXPERIENCING DOMESTIC VIOLENCE
OR SEXUAL ASSAULT.
(a) In General.--The Secretary of Veterans Affairs, in consultation
with the Attorney General and the Secretary of Health and Human
Services, shall establish a national task force (in this section
referred to as the ``Task Force'') to develop a comprehensive national
program, including by integrating facilities, services, and benefits of
the Department into existing networks of community-based domestic
violence and sexual assault services, to address domestic violence and
sexual assault among veterans.
(b) Consultation With Stakeholders.--In carrying out this section,
the Task Force shall consult with--
(1) representatives from not fewer than 3 national
organizations and State coalitions with demonstrated expertise
in domestic violence prevention, response, or advocacy; and
(2) representatives from not fewer than 3 national
organizations and State coalitions, particularly those
representing underserved or ethnic minority communities, with
demonstrated expertise in sexual assault prevention, response,
or advocacy.
(c) Duties.--The duties of the Task Force shall include the
following:
(1) To review existing services and policies of the
Department and develop a comprehensive national program to
address domestic violence and sexual assault prevention,
response, and treatment.
(2) To review the feasibility and advisability of
establishing an expedited process to secure emergency,
temporary benefits, including housing or other benefits, for
veterans who are experiencing domestic violence or sexual
assault.
(3) To review and make recommendations regarding the
feasibility and advisability of establishing dedicated,
temporary housing assistance for veterans experiencing domestic
violence or sexual assault.
(4) To identify any requirements regarding domestic
violence assistance or sexual assault response and services
that are not being met by the Department and make
recommendations on how the Department can meet such
requirements.
(5) To review and make recommendations regarding the
feasibility and advisability of providing direct services or
contracting for community-based services for veterans in
response to a sexual assault, including through the use of
sexual assault nurse examiners, particularly in underserved or
remote areas, including services for members of Indian tribes.
(6) To review the availability of counseling services
provided by the Department and through peer network support,
and to provide recommendations for the enhancement of such
services, to address--
(A) the perpetration of domestic violence and
sexual assault; and
(B) the recovery of veterans, particularly female
veterans, from domestic violence and sexual assault.
(7) To review and make recommendations to expand services
available for veterans at risk of perpetrating domestic
violence.
(d) Report.--Not later than one year after the date of the
enactment of this Act, and not less frequently than annually
thereafter, the Task Force shall submit to the Secretary and Congress a
report on the activities of the Task Force, including any
recommendations for legislative or administrative action.
SEC. 5. NATIONAL BASELINE STUDY ON PROBLEM OF DOMESTIC VIOLENCE AND
SEXUAL ASSAULT AMONG VETERANS AND SPOUSES OF VETERANS.
The Secretary, in consultation with the Attorney General, shall
conduct a national baseline study to examine the scope of the problem
of domestic violence and sexual assault among veterans and spouses of
veterans.
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Violence Against Women Veterans Act This bill requires the Department of Veterans Affairs (VA) to carry out a program to assist veterans who have experienced or are experiencing domestic violence or sexual assault in accessing benefits from the VA, including by coordinating access to medical treatment centers, housing assistance, and other benefits. The VA shall carry out the program in partnership with specified health care or other service providers that serve domestic violence or sexual assault victims. The VA may: (1) conduct training for community-based domestic violence or sexual assault service providers on identifying veterans who have been victims, coordinating with local VA service providers, and connecting veterans with appropriate VA housing, mental health, medical, and other financial assistance or benefits; and (2) provide assistance to service providers to ensure veterans access to domestic violence and sexual assault emergency services. The VA may establish local coordinators to provide outreach under such program and ensure that each coordinator is knowledgeable about: the dynamics of domestic violence and sexual assault, including safety concerns, legal protections, and the need for confidential services; veteran eligibility for VA services and benefits relevant to recovery from domestic violence and sexual assault; and local community resources addressing domestic violence and sexual assault. Each coordinator shall assist domestic violence shelters and rape crisis centers in providing services to veterans. The VA shall: (1) establish a national task force to develop a comprehensive national program to address domestic violence and sexual assault among veterans, and (2) conduct a national baseline study to examine the scope of the problem of domestic violence and sexual assault among veterans and spouses of veterans.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Business Protection Act of
1995''.
SEC. 2. FAMILY-OWNED BUSINESS EXCLUSION.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the lesser of--
``(1) the adjusted value of the qualified family-owned
business interests of the decedent otherwise includible in the
estate, or
``(2) the sum of--
``(A) $1,500,000, plus
``(B) 50 percent of the excess (if any) of the
adjusted value of such interests over $1,500,000.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States,
``(2) the sum of--
``(A) the adjusted value of the qualified family-
owned business interests which--
``(i) are included in determining the value
of the gross estate (without regard to this
section), and
``(ii) are acquired by a qualified heir
from, or passed to a qualified heir from, the
decedent (within the meaning of section
2032A(e)(9)), plus
``(B) the amount of the adjusted taxable gifts of
such interests from the decedent to members of the
decedent's family taken into account under subsection
2001(b)(1)(B),
exceeds 50 percent of the adjusted gross estate, and
``(3) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) such interests were owned by the decedent or
a member of the decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of the
business to which such interests relate.
``(c) Adjusted Gross Estate.--For purposes of this section, the
term `adjusted gross estate' means the value of the gross estate
(determined without regard to this section)--
``(1) reduced by any amount deductible under section
2053(a)(4), and
``(2) increased by the sum of--
``(A) the amount taken into account under
subsection (b)(2)(B), plus
``(B) the amount of other gifts from the decedent
to the decedent's spouse (at the time of the gift)
within 10 years of the date of the decedent's death,
plus
``(C) the amount of other gifts (not included under
subparagraph (A) or (B)) from the decedent within 3
years of such date.
``(d) Adjusted Value of the Qualified Family-Owned Business
Interests.--For purposes of this section, the adjusted value of any
qualified family-owned business interest is the value of such interest
for purposes of this chapter (determined without regard to this
section), reduced by the excess of--
``(1) any amount deductible under section 2053(a)(4), over
``(2) the sum of--
``(A) any indebtedness on any qualified residence
of the decedent the interest on which is deductible
under section 163(h)(3), plus
``(B) any indebtedness to the extent the taxpayer
establishes that the proceeds of such indebtedness were
used for the payment of educational and medical
expenses of the decedent, the decedent's spouse, or the
decedent's dependents (within the meaning of section
152), plus
``(C) any indebtedness not described in
subparagraph (A) or (B), to the extent such
indebtedness does not exceed $10,000.
``(e) Qualified Family-Owned Business Interest.--
``(1) In general.--For purposes of this section, the term
`qualified family-owned business interest' means--
``(A) an interest as a proprietor in a trade or
business carried on as a proprietorship, or
``(B) an interest as a partner in a partnership, or
stock in a corporation, carrying on a trade or
business, if--
``(i) at least--
``(I) 50 percent of such
partnership or corporation is owned
(directly or indirectly) by the
decedent or members of the decedent's
family,
``(II) 70 percent of such
partnership or corporation is so owned
by 2 families (including the decedent's
family), or
``(III) 90 percent of such
partnership or corporation is so owned
by 3 families (including the decedent's
family), and
``(ii) at least 30 percent of such
partnership or corporation is so owned by each
family described in subclause (II) or (III) of
clause (i).
``(2) Limitation.--Such term shall not include--
``(A) any interest in a trade or business the
principal place of business of which is not located in
the United States,
``(B) any interest in--
``(i) an entity which had, or
``(ii) an entity which is a member of a
controlled group (as defined in section
267(f)(1)) which had,
readily tradable stock or debt on an established
securities market or secondary market (as defined by
the Secretary) within 3 years of the date of the
decedent's death,
``(C) any interest in a trade or business not
described in section 542(c)(2), if more than 35 percent
of the adjusted ordinary gross income of such trade or
business for the taxable year which includes the date
of the decedent's death would qualify as personal
holding company income (as defined in section 543(a)),
and
``(D) that portion of an interest in a trade or
business that is attributable to cash or marketable
securities, or both, in excess of the reasonably
expected day-to-day working capital needs of such trade
or business.
``(3) Ownership rules.--
``(A) Indirect ownership.--For purposes of
determining indirect ownership under paragraph (1),
rules similar to the rules of paragraphs (2) and (3) of
section 447(e) shall apply.
``(B) Tiered entities.--For purposes of this
section, if--
``(i) a qualified family-owned business
holds an interest in another trade or business,
and
``(ii) such interest would be a qualified
family-owned business interest if held directly
by the family (or families) holding interests
in the qualified family-owned business meeting
the requirements of paragraph (1)(B),
then the value of the qualified family-owned business
shall include the portion attributable to the interest
in the other trade or business.
``(f) Tax Treatment of Failure To Materially Participate in
Business or Dispositions of Interests.--
``(1) In general.--There is imposed an additional estate
tax if, within 10 years after the date of the decedent's death
and before the date of the qualified heir's death--
``(A) the qualified heir ceases to use for the
qualified use (within the meaning of section
2032A(c)(6)(B)) the qualified family-owned business
interest which was acquired (or passed) from the
decedent, or
``(B) the qualified heir disposes of any portion of
a qualified family-owned business interest (other than
by a disposition to a member of the qualified heir's
family or through a qualified conservation contribution
under section 170(h)).
``(2) Additional estate tax.--The amount of the additional
estate tax imposed by paragraph (1) shall be equal to--
``(A) the applicable percentage of adjusted tax
difference attributable to the qualified family-owned
business interest (as determined under rules similar to
the rules of section 2032A(c)(2)(B)), plus
``(B) interest on the amount determined under
subparagraph (A) at the annual rate of 4 percent for
the period beginning on the date the estate tax
liability was due under this chapter and ending on the
date such additional estate tax is due.
``(3) Applicable percentage.--For purposes of paragraph
(2), the term `applicable percentage' means the percentage
determined in accordance with the following table for the year
(in the 10-year period referred to in paragraph (1)) in which
the recapture event occurs:
In the case of the:
The applicable percentage is:
First 5 such years....................... 100 percent
6th such year............................ 50 percent
7th such year............................ 40 percent
8th such year............................ 30 percent
9th such year............................ 20 percent
10th such year........................... 10 percent.
``(g) Other Definitions and Applicable Rules.--For purposes of this
section--
``(1) Qualified heir.--The term `qualified heir'--
``(A) has the meaning given to such term by section
2032A(e)(1), and
``(B) includes any active employee of the trade or
business to which the qualified family-owned business
interest relates if such employee has been employed by
such trade or business for a period of at least 10
years before the date of the decedent's death.
``(2) Member of the family.--The term `member of the
family' has the meaning given to such term by section
2032A(e)(2).
``(3) Inflation adjustment.--In the case of estates of
decedents dying in a calendar year after 1996, the $1,500,000
amount contained in subsection (a) shall be increased each
place it appears by an amount equal to--
``(A) $1,500,000, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 1995' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.
``(4) Applicable rules.--Rules similar to the following
rules shall apply:
``(A) Section 2032A(b)(4) (relating to decedents
who are retired or disabled).
``(B) Section 2032A(b)(5) (relating to special
rules for surviving spouses).
``(C) Section 2032A(c)(2)(D) (relating to partial
dispositions).
``(D) Section 2032A(c)(3) (relating to only 1
additional tax imposed with respect to any 1 portion).
``(E) Section 2032A(c)(4) (relating to due date).
``(F) Section 2032A(c)(5) (relating to liability
for tax; furnishing of bond).
``(G) Section 2032A(c)(7) (relating to no tax if
use begins within 2 years; active management by
eligible qualified heir treatment as material
participation).
``(H) Section 2032A(e)(10) (relating to community
property).
``(I) Section 2032A(e)(14) (relating to treatment
of replacement property acquired in section 1031 or
1033 transactions).
``(J) Section 2032A(f) (relating to statute of
limitations).
``(K) Section 6166(b)(3) (relating to farmhouses
and certain other structures taken into account).
``(L) Subparagraphs (B), (C), and (D) of section
6166(g)(1) (relating to acceleration of payment).''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 2033 the
following new item:
``Sec. 2033A. Family-owned business
exclusion.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 1995.
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Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children of Fallen Heroes
Scholarship Act''.
SEC. 2. CALCULATION OF ELIGIBILITY.
Section 473(b) of the Higher Education Act of 1965 (20 U.S.C.
1087mm(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``(in the case of a student who meets the
requirement of subparagraph (B)(i)), or academic year
2015-2016 (in the case of a student who meets the
requirement of subparagraph (B)(ii)),'' after
``academic year 2009-2010''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) whose parent or guardian was--
``(i) a member of the Armed Forces of the
United States and died as a result of
performing military service in Iraq or
Afghanistan after September 11, 2001; or
``(ii) actively serving as a public safety
officer and died in the line of duty while
performing as a public safety officer; and'';
(2) in paragraph (3)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(A) Armed forces.--Notwithstanding'';
(B) by striking ``paragraph (2)'' and inserting
``subparagraphs (A), (B)(i), and (C) of paragraph
(2)''; and
(C) by adding at the end the following:
``(B) Public safety officers.--Notwithstanding any
other provision of law, unless the Secretary
establishes an alternate method to adjust the expected
family contribution, for each student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
paragraph (2), a financial aid administrator shall--
``(i) verify with the student that the
student is eligible for the adjustment;
``(ii) adjust the expected family
contribution in accordance with this
subsection; and
``(iii) notify the Secretary of the
adjustment and the student's eligibility for
the adjustment.''; and
(3) by adding at the end the following:
``(4) Treatment of pell amount.--Notwithstanding section
1212 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796d-1), in the case of a student who receives an
increased Federal Pell Grant amount under this section, the
total amount of such Federal Pell Grant, including the increase
under this subsection, shall not be considered in calculating
that student's educational assistance benefits under the Public
Safety Officers' Benefits program under subpart 2 of part L of
title I of such Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
``(A) a public safety officer, as defined in
section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b); or
``(B) a fire police officer, defined as an
individual who--
``(i) is serving in accordance with State
or local law as an officially recognized or
designated member of a legally organized public
safety agency;
``(ii) is not a law enforcement officer, a
firefighter, a chaplain, or a member of a
rescue squad or ambulance crew; and
``(iii) provides scene security or directs
traffic--
``(I) in response to any fire
drill, fire call, or other fire,
rescue, or police emergency; or
``(II) at a planned special
event.''.
SEC. 3. CALCULATION OF PELL GRANT AMOUNT.
Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended--
(1) by striking the matter preceding clause (i) of
subparagraph (A) and inserting the following:
``(2)(A) Subject to subparagraph (C), the amount of the
Federal Pell Grant for a student eligible under this part shall
be--''; and
(2) by adding at the end the following new subparagraph:
``(C) In the case of a student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
section 473(b)(2)--
``(i) clause (ii) of subparagraph (A) of
this paragraph shall be applied by substituting
`from the amounts appropriated in the last
enacted appropriation Act applicable to that
award year, an amount equal to the amount of
the increase calculated under paragraph (7)(B)
for that year' for `the amount of the increase
calculated under paragraph (7)(B) for that
year'; and
``(ii) such student--
``(I) shall be provided an amount
under clause (i) of this subparagraph
only to the extent that funds are
specifically provided in advance in an
appropriation Act to such students for
that award year; and
``(II) shall not be eligible for
the amounts made available pursuant to
clauses (i) through (iii) of paragraph
(7)(A).''.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
July 1, 2017.
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Children of Fallen Heroes Scholarship Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to eliminate the expected family contribution (EFC) used to determine financial need in the case of a Pell Grant-eligible student whose parent or guardian died in the line of duty as a police officer, firefighter, or other public safety officer. Such student is eligible to receive an automatic zero EFC and qualify for the maximum Pell Grant award if the student was less than 24 years old or enrolled at an institution of higher education at the time of the parent or guardian's death.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education for the 21st Century (E-
21) Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to enable America's schools to use
their computer hardware to increase student achievement and prepare
students for the 21st century workplace.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Establishing computer literacy programs for students
will help ensure that our children are receiving the skills
needed for advanced education and for securing employment in
the 21st century.
(2) Computer literacy skills, such as information
gathering, critical analysis and communication with the latest
technology, build upon the necessary basics of reading,
writing, mathematics, and other core subject areas.
(3) According to a study conducted by the Educational
Testing Service (ETS), eighth grade mathematics students whose
teachers used computers for simulations and applications
outperformed students whose teachers did not use such
educational technology.
(4) Although an ever increasing amount of schools are
obtaining the latest computer hardware, schools will not be
able to take advantage of the benefits of computer-based
learning unless teachers are effectively trained in the latest
educational software applications.
(5) The Educational Testing Service (ETS) study showed that
students whose teachers received training in computers
performed better than other students. The study also found that
schools that provide teachers with professional development in
computers enjoyed higher staff morale and lower absenteeism
rates.
(6) Some of the most exciting applications in educational
technology are being developed not only by commercial software
companies, but also by secondary school and college students.
The fruit of this academic talent should be channeled more
effectively to benefit our Nation's elementary and secondary
schools.
SEC. 4. COMPUTER LITERACY CHALLENGE.
(a) Grants Authorized.--
(1) In general.--The Secretary of Education is authorized
to award grants to States that integrate into the State
curriculum the goal of making all middle school graduates in
the State technology literate.
(2) Priority.--The Secretary shall give preference in
awarding grants under this section to States which place a
priority on training middle school teachers.
(b) Uses.--Grants awarded under this section shall be used for
teacher training in technology, with an emphasis on programs that
prepare 1 or more teachers in each elementary, middle, and secondary
school in the State to become technology leaders who then serve as
experts and train other teachers.
(c) Matching Funds.--Each State shall encourage schools that
receive assistance under this section to provide matching funds, with
respect to the cost of teacher training in technology to be assisted
under this section, in order to enhance the impact of the teacher
training and to help ensure that all middle school graduates in the
State are computer literate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for each of the
fiscal years 2000 through 2004.
SEC. 5. HIGH-QUALITY EDUCATIONAL SOFTWARE FOR ALL SCHOOLS.
(a) Competition Authorized.--The Secretary of Education is
authorized to award grants, on a competitive basis, to secondary school
and college students working with university faculty, software
developers, and experts in educational technology for the development
of high-quality educational software and Internet web sites by such
students, faculty, developers, and experts.
(b) Recognition.--
(1) In general.--The Secretary of Education shall recognize
outstanding educational software and Internet web sites
developed with assistance provided under this section.
(2) Certificates.--The President is requested to, and the
Secretary shall, issue an official certificate signed by the
President and Secretary, to each student and faculty member who
develops outstanding educational software or an Internet web
site recognized under this section.
(c) Focus.--The educational software or Internet web sites that are
recognized under this section shall focus on core curriculum areas.
(d) Priority.--
(1) First year.--For the first year that the Secretary
awards grants under this section, the Secretary shall give
priority to awarding grants for the development of educational
software or Internet web sites in the areas of mathematics,
science, and reading.
(2) Second and third years.--For the second and third years
that the Secretary awards grants under this section, the
Secretary shall give priority to awarding grants for the
development of educational software or Internet web sites in
the areas described in paragraph (1) and in social studies, the
humanities, and the arts.
(e) Judges.--The Secretary shall designate official judges to
recognize outstanding educational software or Internet web sites
assisted under this section.
(f) Downloading.--Educational software recognized under this
section shall be made available to local educational agencies for free
downloading from the Department of Education's Internet web site.
Internet web sites recognized under this section shall be accessible to
any user of the World Wide Web.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2000 through 2004.
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Education for the 21st Century (E-21) Act - Establishes assistance programs for middle school computer literacy and for high-quality educational software for all schools.
(Sec. 4) Authorizes the Secretary of Education to award grants to States that integrate into the State curriculum the goal of making all middle school graduates in the State technology literate. Requires preference to be given to States which place a priority on training middle school teachers.
Requires such grants to be used for teacher training in technology, with an emphasis on programs that prepare one or more teachers in each middle school in the State to become technology leaders who then serve as experts and train other teachers.
Directs States to encourage schools that receive such assistance to provide matching funds.
Authorizes appropriations.
(Sec. 5) Authorizes the Secretary to award competitive grants to secondary school and college students working with university faculty, software developers, and experts in educational technology for the development of high-quality educational software and Internet web sites by such students, faculty, developers, and experts.
Directs the Secretary to: (1) recognize outstanding educational software and Internet web sites developed with such assistance that focus on core curriculum areas; and (2) issue certificates to each student and faculty member who develops such recognized software or sites. Requires grant award priority to be given for developing such software or sites in the following core curriculum areas: (1) for the first year of awards, in mathematics, science, and reading; and (2) for the second and third years of awards, again in mathematics, science, and reading, but also in social studies, the humanities, and the arts. Requires: (1) such recognized educational software to be made available to local educational agencies for free downloading from the Department of Education's Internet web site; and (2) such recognized Internet web sites to be accessible to any World Wide Web user.
Authorizes appropriations.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tiffany Joslyn Juvenile
Accountability Block Grant Program Reauthorization Act of 2017''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796ee et seq.) is amended--
(1) in section 1801(b)--
(A) in paragraph (1), by striking ``graduated
sanctions'' and inserting ``graduated sanctions and
incentives'';
(B) in paragraph (3), by striking ``hiring juvenile
court judges, probation officers, and court-appointed
defenders and special advocates, and'';
(C) by striking paragraphs (4) and (7), and
redesignating paragraphs (5) through (17) as paragraphs
(4) through (15), respectively; and
(D) in paragraph (11), as so redesignated, by
striking ``research-based bullying, cyberbullying, and
gang prevention programs'' and inserting
``interventions such as researched-based anti-bullying,
anti-cyberbullying, and gang prevention programs, as
well as mental health services and trauma-informed
practices'';
(2) in section 1802--
(A) in subsection (d)(3), by inserting after
``individualized sanctions'' the following: ``,
incentives,'';
(B) in subsection (e)(1)(B), by striking
``graduated sanctions'' and inserting ``graduated
sanctions and incentives''; and
(C) in subsection (f)--
(i) in paragraph (2)--
(I) by inserting after ``A sanction
may include'' the following: ``a range
of court-approved interventions, such
as''; and
(II) by inserting after ``a fine,''
the following: ``a restorative justice
program,''; and
(ii) by inserting after paragraph (2) the
following:
``(3) Incentives.--The term `incentives' means
individualized, goal-oriented, and graduated responses to a
juvenile offender's compliance with court orders and case
disposition terms designed to reinforce or modify the skills
and behaviors of the juvenile offender. An incentive may
include a certificate of achievement, a letter of
recommendation, a family or program activity, a meeting or
special outing with a community leader, a reduction in
community service hours, a reduced curfew or home restriction,
a decrease in required court appearances, or a decrease in the
term of court-ordered supervision.'';
(3) in section 1810(a), by striking ``$350,000,000 for each
of fiscal years 2006 through 2009'' and inserting ``$30,000,000
for fiscal year 2020''; and
(4) by adding at the end the following:
``SEC. 1811. GRANT ACCOUNTABILITY.
``(a) Definition of Applicable Committees.--In this section, the
term `applicable committees' means--
``(1) the Committee on the Judiciary of the Senate; and
``(2) the Committee on the Judiciary of the House of
Representatives.
``(b) Accountability.--All grants awarded by the Attorney General
under this part shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months after the date on which the final audit
report is issued.
``(B) Audit.--Beginning in the first fiscal year
beginning after the date of enactment of this section,
and in each fiscal year thereafter, the Inspector
General of the Department of Justice shall conduct
audits of recipients of grants awarded by the Attorney
General under this part to prevent waste, fraud, and
abuse of funds by grantees. The Inspector General shall
determine the appropriate number of grantees to be
audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this part that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this part during the first 2
fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
part, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this part.
``(E) Reimbursement.--If an entity is awarded grant
funds under this part during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this section, the
Attorney General shall submit to the applicable committees an
annual certification--
``(A) indicating whether--
``(i) all audits issued by the Inspector
General of the Department of Justice under
paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General
or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney General
shall compare potential grant awards with other grants awarded
under this part by the Attorney General to determine if
duplicate grant awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants under this part to the same applicant for the same
purpose, the Attorney General shall submit to the applicable
committees a report that includes--
``(A) a list of all duplicate grants awarded under
this part, including the total dollar amount of any
duplicate grants awarded; and
``(B) the reason the Attorney General awarded the
duplicate grants.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the use of best practices is
encouraged for all activities for which grants under part R of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 may be used.
SEC. 4. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609Y(a) of the Justice Assistance Act of 1984 (34 U.S.C.
50112(a)) is amended by striking ``September 30, 2021'' and inserting
``September 30, 2023''.
Passed the House of Representatives September 28, 2018.
Attest:
KAREN L. HAAS,
Clerk.
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Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2017 (Sec. 2) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize for FY2020 the Juvenile Accountability Block Grant (JABG) Program. It subjects JABG grants to accountability measures. The Office of Inspector General in the Department of Justice (DOJ) must conduct annual audits of selected grant recipients. DOJ must submit an annual certification to Congress and identify and report on duplicative grant awards. (Sec. 3) The bill expresses the sense of Congress that the use of best practices is encouraged for activities carried out with JABG funds. (Sec. 4) It amends the Justice Assistance Act of 1984 to eliminate existing authority for DOJ to award grants under the Emergency Federal Law Enforcement Assistance Program through FY2023.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Restoration Act''.
SEC. 2. AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.
(a) In General.--Section 173(a) of the Workforce Investment Act of
1998 (29 U.S.C. 2918(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to provide assistance to the Governor of any State
within the boundaries of an area that is the subject of a
Presidential determination that additional resources are
necessary to respond to an incident related to a spill of
national significance declared under the National Contingency
Plan provided for under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9605) (`covered incident') by providing oil spill
relief employment in the area in accordance with subsection
(h).''.
(b) Oil Spill Relief Employment Assistance Requirements.--Section
173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended
by adding at the end the following:
``(h) Oil Spill Relief Employment Assistance Requirements.--
``(1) In general.--Funds made available under subsection
(a)(5)--
``(A) shall be used to provide oil spill relief
employment on projects with respect to cleaning,
restoration, renovation, repair, and reconstruction
(including the construction of infrastructure to
facilitate ecosystem and habitat restoration,
protection, creation, enhancement and species
repopulation) of lands, marshes, waters, structures,
and facilities, located within an area of a covered
incident, as well as offshore areas related to such
incident, and projects that provide food, clothing,
shelter, and other humanitarian assistance to
individuals harmed by the covered incident;
``(B) shall be used to establish general cleanup
standards approved by the Secretary for the selection
of remedial actions for an area of a covered incident
(including offshore areas related to such incident);
``(C) may be expended through public and private
agencies and organizations engaged in projects
described in subparagraph (A);
``(D) may be expended to provide employment and
training activities;
``(E) may be expended to provide personal
protective equipment to workers engaged in oil spill
relief employment described in subparagraph (A);
``(F) may be used to increase the capacity of
States to make available the full range of services
authorized under this title and provide information (in
languages appropriate to the individuals served) about,
and access to, the variety of public and private
services available to individuals adversely affected by
the covered incident at one-stop centers described in
section 134(c) and other access points (including other
public facilities, mobile service delivery units, and
social services offices); and
``(G) may be used to provide temporary employment
by public sector entities, in addition to the oil spill
relief employment described in subparagraph (A).
``(2) Priority.--An individual shall be given priority
consideration for the oil spill relief employment described in
subsection (a)(5) if such individual--
``(A) is temporarily or permanently laid off as a
consequence of a covered incident with respect to which
such employment is being provided;
``(B) is a dislocated worker;
``(C) has been an unemployed individual for a
prolonged period; or
``(D) meets such other criteria as the Secretary
may establish.
``(3) Prevailing wages.--The Secretary shall require that
each State receiving support under subsection (a)(5) provide
reasonable assurance that all employees and contractors
employed in the performance of a project for which the support
is provided will be paid wages at rates not less than those
prevailing on similar work in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of part A of subtitle II of title 40, United States Code
(commonly referred to as the `Davis-Bacon Act').
``(4) Limitations on oil spill relief employment
assistance.--An individual shall be employed under subsection
(a)(5) in oil spill relief employment with respect to a covered
incident for a period of 6 months. Such period of employment
may be subject to an extension for a period determined by the
Secretary.
``(5) Reimbursement.--Each party responsible for a covered
incident under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) shall, upon the demand of the Secretary of the Treasury,
reimburse the general fund of the Treasury for the costs
incurred by the United States under subsection (a)(5) with
respect to such incident, as well as the costs of the United
States in administering its responsibilities under subsection
(a)(5) with respect to such incident. If a responsible party
fails to pay a demand of the Secretary of the Treasury pursuant
to subsection (a)(5), the Secretary shall request the Attorney
General to bring a civil action against the responsible party
or a guarantor in an appropriate district court to recover the
amount of the demand, plus all costs incurred in obtaining
payment, including prejudgment interest, attorneys fees, and
any other administrative and adjudicative costs involved. Such
reimbursement shall be without regard to limits of liability
under the section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704).
``(6) Use of available funds.--Funds appropriated for
fiscal years 2009 and 2010 and remaining available for
obligation by the Secretary to provide any assistance
authorized under this section shall be available to assist
workers affected by a covered incident, including workers who
have relocated from areas in which a covered incident has been
declared. Under such conditions as the Secretary may approve,
any State may use funds that remain available for expenditure
under any grants awarded to the State under this section to
provide any assistance authorized under subsection (a)(5).
Funds used pursuant to the authority provided under this
paragraph shall be subject to the reimbursement requirements
described in paragraph (5).
``(7) Requirements for grant applications.--In order to
receive funds under subsection (a)(5), a State shall submit an
application at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include a detailed description of--
``(A) how the State will ensure the capacity of
one-stop centers described in section 134(c) and other
access points to--
``(i) provide affected individuals with
information, in languages appropriate to the
individuals served, about the range of
available services; and
``(ii) provide affected individuals with
access to the range of needed services;
``(B) how the State will prioritize individuals who
are temporarily or permanently laid off as a
consequence of the covered incident in the assignment
of temporary employment positions; and
``(C) any other supporting information the
Secretary may require.''.
(c) Effective Date.--The amendments made by this section shall take
effect immediately upon the date of the enactment of this section and
shall apply to all responsible parties under the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.), including any party determined to be
liable under such Act for any incident that occurred prior to the date
of the enactment of the amendments made by this section.
SEC. 3. GULF COAST COMMUNITY CONSERVATION CORPS.
(a) Authority.--From the amounts appropriated to carry out this
section, the Corporation for National and Community Service (in this
section referred to as the ``Corporation''), pursuant to section 126(b)
and subtitle E of title I of the National and Community Service Act of
1990 (42 U.S.C. 12576(b)), shall carry out the activities authorized
under this section.
(b) Establishment.--
(1) In general.--There is established a Gulf Coast
Community Conservation Corps (in this section referred to as
the ``Gulf Coast CCC''), to be administered by the Corporation
directly, or by grant or contract, to carry out full- or part-
time service national service programs that provide oil spill
relief in accordance with subsection (d) in areas that are the
subjects of a Presidential determination that additional
resources are necessary to respond to a covered incident.
(2) Existing grants or contracts.--A grant or contract
awarded under paragraph (1) may be awarded to an entity with
which the Corporation has an existing grant or contract.
(c) Participants.--
(1) Eligibility.--To be eligible to participate in a
national service program carried out by the Gulf Coast CCC, an
individual--
(A) shall be participating in a national service
program under the national service laws; or
(B) shall be determined to be eligible in a manner
that is consistent with the determination of
eligibility under the national service laws.
(2) Benefits.--An individual selected to participate in a
national service program carried out by the Gulf Coast CCC
shall be eligible for any living allowances, educational
awards, and other support that are authorized for a participant
under the national service laws.
(3) Priority.--In selecting participants under paragraph
(1), priority shall be given to unemployed individuals between
the ages of 18 through 24.
(4) Training.--Training for participants serving in the
Gulf Coast CCC shall include an environmental education
component.
(d) Programs.--National service programs carried out by the Gulf
Coast CCC shall--
(1) include programs--
(A) involving the cleaning, restoration,
renovation, repair, and reconstruction (including the
construction of infrastructure to facilitate ecosystem
and habitat restoration, protection, creation,
enhancement and species repopulation), of lands,
marshes, waters, structures, and facilities located
within the area of the covered incident, as well as
offshore areas related to such incident; and
(B) providing food, clothing, shelter, and other
assistance to communities and individuals harmed by the
covered incident; and
(2) comply with the nonduplication and nondisplacement
provisions of section 177 of the National and Community Service
Act of 1990 (42 U.S.C. 12637).
(e) Educational Assistance.--From funds appropriated to carry out
this section, the Corporation may transfer funds to the National
Service Trust established under section 145 of the National and
Community Service Act of 1990 (42 U.S.C. 12601) to provide in-service
or post-service benefits to, or funds to otherwise support, individuals
participating in a national service program carried out by the Gulf
Coast CCC.
(f) Reimbursement.--Each party responsible for a covered incident
under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) shall,
upon the demand of the Secretary of the Treasury, reimburse the general
fund of the Treasury for the costs incurred by the United States under
this section with respect to such incident, as well as the costs of the
United States in administering its responsibilities under this section
with respect to such incident. If a responsible party fails to pay a
demand of the Secretary of the Treasury pursuant to this section, the
Secretary shall request the Attorney General to bring a civil action
against the responsible party or a guarantor in an appropriate district
court to recover the amount of the demand, plus all costs incurred in
obtaining payment, including prejudgment interest, attorneys fees, and
any other administrative and adjudicative costs involved. Such
reimbursement shall be without regard to limits of liability under the
section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704).
(g) Definitions.--In this section:
(1) In general.--The term ``national service laws'' has the
meaning given such term in section 101 of the National and
Community Service Act of 1990 (42 U.S.C. 12511).
(2) Covered incident.--The term ``covered incident'' means
an incident related to a spill of national significance
declared under the National Contingency Plan provided for under
section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(3) Unemployed individual.--The term ``unemployed
individual'' has the meaning given such term in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801).
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Gulf Coast Restoration Act - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to award national emergency grants to a state to provide oil spill relief employment assistance for an area of the state that has been affected by an oil or hazardous substances spill of national significance (covered incident).
Makes assistance available to: (1) provide oil spill relief employment of unemployed or dislocated workers on projects to clean, restore, or reconstruct lands, marshes, waters, and structures located within an area of a covered incident, as well as for food, clothing, shelter and other humanitarian assistance to affected individuals; (2) establish cleanup standards; (3) provide employment and training of, and protective equipment to, workers; (4) increase a state's capacity to provide information about public and private services at one-stop centers and other access points to individuals adversely affected by a covered incident; and (5) provide temporary employment by public sector entities.
Requires the Secretary to require states receiving oil spill relief employment assistance to provide assurance that Davis-Bacon Act (locality pay) wages are paid to all employees and contractors who work on such projects.
Limits an individual's oil spill employment to six months, subject to extension for a period determined by the Secretary.
Establishes a Gulf Coast Community Conservation Corps (Gulf Coast CCC), administered by the Corporation for National and Community Service, to carry out national service programs that provide a covered incident area with oil spill relief specified in this Act.
Authorizes the Corporation to transfer funds from the National Service Trust Fund to provide in-service or post-service national service educational benefits to individuals participating in a Gulf Coast CCC national service program.
Requires parties responsible for a covered incident to reimburse the federal government for costs incurred in carrying out the activities authorized under this Act.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Safety Act of 1996''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Railroad Administration.
(2) Passenger cab car.--The term ``passenger cab car''
means the leading cab car on a passenger train that does not
have a locomotive or safety locomotive at the front of the
train.
(3) Safety locomotive.--The term ``safety locomotive''
means a cab-car locomotive (whether operational or not) that is
used at the front of a rail passenger train to promote
passenger safety.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Train employee.--The term ``train employee'' has the
same meaning as in section 21101(5) of title 49, United States
Code.
SEC. 3. HOURS OF SERVICE.
(a) In General.--
(1) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall promulgate regulations concerning
limitations on duty hours of train employees that contain--
(A) requirements concerning hours of work for train
employees and interim periods available for rest that
are no less stringent than the applicable requirements
under section 21103 of title 49, United States Code, as
in effect on the day before the effective date of
subsection (b); and
(B) any other related requirements that the
Secretary determines to be necessary to protect public
safety.
(2) Negotiated rulemaking.--
(A) In general.--In promulgating regulations under
this subsection, the Secretary shall use negotiated
rulemaking, unless the Secretary determines that the
use of that process is not appropriate.
(B) Procedures for negotiated rulemaking.--If the
Secretary determines under subparagraph (A) that
negotiated rulemaking is appropriate, the Secretary, in
consultation with the Administrator, shall carry out
the negotiated rulemaking in accordance with the
procedures under subchapter III of chapter 5 of title
5, United States Code.
(b) Repeal.--
(1) In general.--Section 21103 of title 49, United States
Code, is repealed.
(2) Effective date.--This subsection shall take effect on
the date on which the Secretary promulgates final regulations
under subsection (a).
SEC. 4. SATELLITE-BASED TRAIN CONTROL SYSTEMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Administrator, shall
conduct a study to determine the feasibility of requiring satellite-
based train control systems to provide positive train control for
railroad systems in the United States by January 1, 2001.
(b) Time Frame for Operation; Automated Train Control Systems.--
(1) Regulations to cover impracticability of satellite-
based train control systems.--Subject to paragraph (3), if,
upon completion of the study conducted under subsection (a),
the Secretary, acting through the Administrator, determines
that the installation of an effective satellite-based train
control system referred to in subsection (a) could not be
accomplished practicably by January 1, 2001, the Secretary
shall promulgate regulations to require, as soon as practicable
after the date of promulgation of the regulations, the use of
automated train control technology that is available on that
date.
(2) Regulations to cover practicability of satellite-based
train control systems.--
(A) In general.--Subject to paragraph (3), if upon
completion of the study conducted under subsection (a),
the Secretary, acting through the Administrator,
determines that the installation of an effective
satellite-based train control system referred to in
subsection (a) could be accomplished practicably by
January 1, 2001, the Secretary, in consultation with
the Administrator, shall promulgate regulations to
require, as soon as practicable after the date of
promulgation of the regulations, the use of automated
train control technology that is available on that
date.
(B) Waivers.--If the appropriate official of a
railroad system establishes, to the satisfaction of the
Secretary, and in a manner specified by the Secretary,
that the railroad system will have in operation a
satellite-based train control system by January 1,
2001, the Secretary shall issue a waiver for that
railroad system to waive the application of the
regulations promulgated under subparagraph (A) for that
railroad system, subject to terms and conditions
established by the Secretary.
(3) Conditions.--In promulgating regulations under this
subsection, the Secretary, in consultation with the
Administrator, shall provide for any exceptions or conditions
that the Secretary, in consultation with the Administrator,
determines to be necessary.
(4) Monitoring.--
(A) In general.--If the Secretary issues a waiver
for a railroad system under paragraph (2)(B), the
railroad system shall, during the period that the
waiver is in effect, provide such information to the
Secretary as the Secretary, acting through the
Administrator, determines to be necessary to monitor
the compliance of the railroad system with the
conditions of the waiver, including information
concerning the progress of the railroad system in
achieving an operational satellite-based train control
system.
(B) Revocation of waivers.--If, at any time during
the period that a waiver issued under paragraph (2)(B)
is in effect, the Secretary determines that the
railroad system issued the waiver is not meeting the
terms or conditions of the waiver, or is not likely to
have in operation a satellite-based train control
system by January 1, 2001, the Secretary shall revoke
the waiver.
SEC. 5. AUTOMATIC TRAIN ESCAPE DEVICE STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary, acting through the Administrator, shall
conduct a study of the technical, structural, and economic feasibility
of automatic train escape devices.
(b) Report.--Upon completion of the study conducted under this
section, the Secretary, acting through the Administrator, shall--
(1) prepare a report that contains the findings of the
study; and
(2) submit a copy of the report to the appropriate
committees of the Congress.
(c) Regulations.--If, by the date specified in subsection (a), the
Secretary makes a determination (on the basis of the findings of the
study) that automatic train escape devices should be required on rail
passenger trains, the Secretary, in consultation with the
Administrator, shall, not later than 180 days after such date,
promulgate regulations to require automatic train escape devices on
rail passenger trains as soon as practicable after the date of
promulgation of the regulations.
SEC. 6. LOCOMOTIVE FUEL TANKS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall establish, by regulation, minimum safety standards
for fuel tanks of locomotives of rail passenger trains that take into
consideration environmental protection and public safety.
(b) Applicability.--The Secretary, in consultation with the
Administrator, may limit the applicability of the regulations
promulgated under subsection (a) to new locomotives (as defined by the
Secretary, in consultation with the Administrator) if the Secretary
determines that the limitation is appropriate.
SEC. 7. PASSENGER CAR CRASH-WORTHINESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Administrator,
shall determine whether to promulgate regulations, for the purpose of
protecting public safety, to--
(1) require crash posts at the corners of rail passenger
cars;
(2) require safety locomotives on rail passenger trains;
(3) establish minimum crash-worthiness standards for
passenger cab cars; or
(4) carry out any combination of paragraphs (1) through
(3).
(b) Regulations.--If, the Secretary, acting through the
Administrator, determines that promulgating any of the regulations
referred to in subsection (a) are necessary to protect public safety,
the Secretary, in consultation with the Administrator, shall, not later
than 180 days after such date, promulgate such regulations in final
form, to take effect as soon as practicable after the date of
promulgation of the regulations.
(c) Report.--If the Secretary determines under subsection (a) that
taking any action referred to in paragraphs (1) through (3) of such
subsection is not necessary to protect public safety, not later than
the date of the determination, the Secretary shall submit a report to
the appropriate committees of the Congress that provides the reasons
for the determination.
SEC. 8. SIGNAL PLACEMENT.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary, acting through the Administrator, shall
conduct a study of the placement of rail signals along railways. In
conducting the study, the Secretary, acting through the Administrator,
shall determine whether regulations should be promulgated to require--
(1) that a signal be placed along a railway at each exit of
a rail station; and
(2) if practicable, that a signal be placed so that it is
visible only to the train employee of a train that the signal
is designed to influence.
(b) Regulations.--If, upon completion of the study conducted under
subsection (a), the Secretary determines that the regulations referred
to in that subsection are necessary for the protection of public
safety, the Secretary shall, not later than 180 days after the
completion of the study, promulgate those regulations.
(c) Report.--If, upon completion of the study conducted under
subsection (a), the Secretary determines that promulgating any of the
regulations referred to in subsection (a) is not necessary for the
protection of public safety, not later than the date of completion of
the study, the Secretary shall submit a report to the appropriate
committees of the Congress that provides the reasons for that
determination.
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Rail Safety Act of 1996 - Directs the Secretary of Transportation to promulgate regulations concerning limitations on the duty hours of train employees that are no less stringent than similar duty hour requirements under specified existing Federal transportation law, which are hereby repealed.
Directs the Secretary to study: (1) the feasibility of requiring satellite-based train control systems to provide positive train control for railroad systems in the United States by January 1, 2001; and (2) the technical, structural, and economic feasibility of automatic train escape devices. Directs the Secretary, to the extent feasibility is determined, to promulgate regulations requiring installation of such control systems and train escape devices by specified dates.
Directs the Secretary to establish, by regulation, minimum safety standards for fuel tanks of locomotives of rail passenger trains that take into consideration environmental protection and public safety.
Directs the Secretary to determine, and report to the appropriate congressional committees, whether to promulgate regulations for public safety purposes to: (1) require crash posts at the corners of rail passenger cars; (2) require safety locomotives on rail passenger trains; (3) establish minimum crash-worthiness standards for passenger cab cars; or (4) carry out any combination of the above.
Directs the Secretary to: (1) study whether to promulgate regulations requiring placement of rail signals along railways in specified positions; and (2) promulgate such regulations if the requirement is determined necessary. Requires a report to the Congress if such placement is determined unnecessary.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel Industry National Historic
Site Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
steel industry of the United States.
(2) Certain buildings and other structures in the
Commonwealth of Pennsylvania are nationally significant
historical resources, including the United States Steel
Homestead Works, the Carrie Furnace complex, and the Hot Metal
Bridge.
(3) Despite substantial efforts for cultural preservation
and historical interpretation by the Commonwealth of
Pennsylvania and by individuals and public and private entities
in the Commonwealth, these buildings and other structures may
be lost without the assistance of the Federal Government.
(b) Purposes.--The purposes of this Act are to ensure the
preservation, interpretation, visitor enjoyment, and maintenance of the
nationally significant historical and cultural sites and structures
described in subsection (a) for the benefit and inspiration of present
and future generations.
SEC. 3. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA.
(a) Establishment.--The Steel Industry National Historic Site is
hereby established as a unit of the National Park System in the
Commonwealth of Pennsylvania.
(b) Description.--
(1) Inclusion of certain property.--Subject to paragraph
(2), the historic site shall consist of the following
properties, each of which relate to the former United States
Steel Homestead Works, as depicted on the map entitled ``Steel
Industry National Historic Site'', dated November 2003, and
numbered 80,000:
(A) The historic location of the Battle of
Homestead site in the borough of Munhall, Pennsylvania,
consisting of approximately 3 acres of land, including
the pumphouse and water tower and related structures,
within the property bounded by the Monongahela River,
the CSX railroad, Waterfront Drive, and the Damascus-
Marcegaglia Steel Mill.
(B) The historic location of the Carrie Furnace
complex in the boroughs of Swissvale and Rankin,
Pennsylvania, consisting of approximately 35 acres of
land, including blast furnaces 6 and 7, the ore yard,
the cast house, the blowing engine house, the AC power
house, and related structures, within the property
bounded by the proposed southwesterly right-of-way line
needed to accommodate the Mon/Fayette Expressway and
the relocated CSX railroad right-of-way, the
Monongahela River, and a property line drawn northeast
to southwest approximately 100 yards east of the AC
power house.
(C) The historic location of the Hot Metal Bridge,
consisting of the Union railroad bridge and its
approaches, spanning the Monongahela River and
connecting the mill sites in the boroughs of Rankin and
Munhall, Pennsylvania.
(2) Availability of map.--The map referred to in paragraph
(1) shall be available for public inspection in an appropriate
office of the National Park Service.
(c) Acquisition of Property.--To further the purposes of this
section, the Secretary of the Interior may acquire, only by donation,
property for inclusion in the historic site as follows:
(1) Any land or interest in land with respect to the
property identified in subsection (b)(1).
(2) Up to 10 acres of land adjacent to or in the general
proximity of the property identified in such subsection, for
the development of visitor, administrative, museum, curatorial,
and maintenance facilities.
(3) Personal property associated with, and appropriate for,
the interpretation of the historic site.
(d) Private Property Protections.--Nothing in this Act shall be
construed--
(1) to require any private property owner to permit public
access (including Federal, State, or local government access)
to the private property; or
(2) to modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(e) Administration.--The Secretary of the Interior shall administer
the historic site in accordance with this Act and the provisions of law
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August
21, 1935 (16 U.S.C. 461 et seq.).
(f) Cooperative Agreements.--
(1) In general.--Until such time as the Secretary of the
Interior has acquired the property identified in subsection
(b)(1), as depicted on the map referred to in such subsection,
the Secretary may enter into a cooperative agreement with any
interested individual, public or private agency, organization,
or institution to further the purposes of the historic site.
(2) Contrary purposes.--Any payment made by the Secretary
pursuant to a cooperative agreement under this subsection shall
be subject to an agreement that conversion, use, or disposal of
the project so assisted for purposes contrary to the purpose of
the historic site, as determined by the Secretary, shall result
in a right of the United States to reimbursement of all funds
made available to such a project or the proportion of the
increased value of the project attributable to such funds as
determined at the time of such conversion, use, or disposal,
whichever is greater.
(g) Technical Assistance.--The Secretary of the Interior may
provide technical assistance to any person for--
(1) the preservation of historic structures within the
historic site; and
(2) the maintenance of the natural and cultural landscape
of the historic site.
(h) General Management Plan.--
(1) Preparation.--Not later than three years after the date
on which funds are first made available to carry out this Act,
the Secretary of the Interior shall prepare a general
management plan for the historic site that will incorporate or
otherwise address substantive comments made during the
consultation required by paragraph (2).
(2) Consultation.--The Secretary shall prepare the general
management plan in consultation with--
(A) an appropriate official of each appropriate
political subdivision of the Commonwealth of
Pennsylvania that has jurisdiction over all or a
portion of the lands included in the historic site;
(B) an appropriate official of the Steel Industry
Heritage Corporation; and
(C) private property owners in the vicinity of the
historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Natural Resources of the United
States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate.
(i) Authorization of Appropriations.--There is authorized to be
appropriated not more than $30,000,000 for development of the historic
site.
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Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System.
Includes within such Historic Site the following lands: (1) the location of the Battle of Homestead in Munhall, Pennsylvania; (2) the location of the Carrie Furnace complex in Swissvale and Rankin, Pennsylvania; and (3) the location of the Hot Metal Bridge in Rankin and Munhall, Pennsylvania.
Authorizes the Secretary of the Interior to: (1) acquire, by donation only, certain property for inclusion in the Historic Site; (2) enter into a cooperative agreement to further the purposes of the Historic Site; and (3) provide technical assistance for preservation and maintenance of historic structures and the natural and cultural landscape in the Historic Site. Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Grants private property owners protections from public access to private property in the Historic Site. Authorizes appropriations.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Vessel Emissions Reduction
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) emissions of air pollutants from marine vessels
contribute significantly to dangerous air pollution in many
areas in the United States;
(2) current levels of control on those emissions are not
adequate to protect air quality and public health;
(3) to protect air quality and public health, efforts by
State and local governments to control emissions from marine
vessels must be augmented by the Federal Government;
(4) although the Environmental Protection Agency may
require additional controls on domestic and international
marine vessels entering United States ports, significant
emission reductions must be achieved in the near future; and
(5) it is urgent and necessary to require the Administrator
of the Environmental Protection Agency to establish standards
to reduce emissions of air pollutants from marine vessels in a
sufficient period of time to allow all areas in the United
States to meet air quality standards in accordance with
applicable deadlines.
SEC. 3. MARINE VESSEL FUEL SULFUR.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended--
(1) by redesignating the first subsection (r) (relating to
fuel and fuel additive importers and importation) as subsection
(u) and moving that subsection so as to appear at the end of
the section; and
(2) by inserting after subsection (o) the following:
``(p) Marine Vessel Fuel Sulfur.--
``(1) In general.--Subject to paragraph (3), not later than
December 15, 2008, the Administrator shall promulgate
regulations that, effective beginning on December 31, 2010,
require marine vessels described in paragraph (2) to use fuel
that contains not more than 1,000 parts per million of sulfur
in the main and auxiliary engines of the vessels.
``(2) Applicability.--The regulations promulgated pursuant
to paragraph (1) shall apply to all marine vessels, including
any vessel flagged in a country other than the United States,
at any time at which the vessels are, on entering or leaving a
port or offshore terminal of the United States--
``(A) within 200 miles of the west coast of the
continental United States; and
``(B) within such distance of the east coast or
Gulf coast of the United States, or the shoreline of
the Great Lakes or St. Lawrence Seaway, as the
Administrator determines to be appropriate for the
purpose of protecting public health and the
environment.
``(3) Interim requirement.--
``(A) In general.--Notwithstanding the requirement
of paragraph (1), the Administrator may promulgate
regulations under that paragraph that permit marine
vessel fuel sulfur content in excess of 1,000 parts per
million if the Administrator determines that compliance
with the requirement of paragraph (1) is not
technically feasible by December 31, 2010.
``(B) Regulations.--If the Administrator makes a
determination described in subparagraph (A), the
Administrator shall promulgate regulations that require
marine vessels--
``(i) beginning on December 31, 2010, to
use fuel that contains--
``(I) the lowest quantity of sulfur
that is technically feasible by that
date; and
``(II) in no event a quantity of
sulfur in excess of 2,000 parts per
million; and
``(ii) to achieve compliance with the
requirement of paragraph (1) on the earliest
practicable date by which compliance is
technically feasible.
``(4) Alternative compliance mechanism.--The Administrator
may provide for an alternative mechanism of compliance under
this subsection for a marine vessel if the Administrator
determines that--
``(A) the vessel employs a control technology that
reduces emissions from the vessel of sulfur oxides and
particulate matter to at least the same degree as the
reduction that would be achieved by the vessel through
compliance with the applicable fuel sulfur content
limitation under this subsection; and
``(B) the emission reductions achieved as described
in subparagraph (A) are in addition to any reductions
required to achieve compliance with an applicable
engine emission standard issued by the Administrator or
the head of another Federal agency.
``(5) No effect on other authority.--Nothing in this
subsection limits or otherwise affects any authority of the
Administrator to regulate fuels or fuel additives for use in
marine vessels or any other nonroad vehicle or engine under
this Act or any other provision of law.''.
SEC. 4. ADVANCED MARINE VESSEL EMISSION CONTROLS.
Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Advanced Marine Vessel Emission Controls.--
``(1) Standards for oceangoing vessels.--
``(A) In general.--Not later than December 15,
2008, the Administrator shall promulgate, and from time
to time revise, regulations that establish standards
for emissions of oxides of nitrogen, particulate
matter, hydrocarbons, and carbon monoxide from newly-
manufactured and in-use main and auxiliary engines in
oceangoing marine vessels that enter or leave a port or
offshore terminal of the United States.
``(B) Requirement.--The standards under
subparagraph (A) shall require, effective beginning on
January 1, 2012, that the engines described in that
subparagraph achieve the greatest degree of emission
reduction achievable through the application of
technology that the Administrator determines, in
accordance with this paragraph, will be available for
the affected engines.
``(C) Additional factors for consideration.--
``(i) In general.--In promulgating a
standard under this paragraph, the
Administrator shall take into consideration--
``(I) whether the engine is newly-
manufactured or in-use (and, if the
engine is in-use, the age of the
engine);
``(II) the cost of applying an
emission reduction technology in a
period of time sufficient to achieve
compliance with the standard;
``(III) noise, energy, and safety
factors associated with the application
of the technology; and
``(IV) the feasibility, benefits,
and costs of requiring--
``(aa) the maximum level of
control required by regulations
applicable to on-road, nonroad,
and stationary engines; and
``(bb) the maximum level of
control achieved by sources
from which control technologies
may be transferred, including
sources that use advanced
aftertreatment technologies.
``(ii) Determination.--
``(I) In general.--If the
Administrator determines, after
consideration of the factors described
in clause (i), that a maximum level of
control described in clause (i)(IV)
will not be technically achievable by
January 1, 2012, the Administrator
shall promulgate standards under
subparagraph (A) that require the
maximum level of control that the
Administrator determines will be
technically achievable by that date.
``(II) Additional standards.--If
the Administrator makes a determination
under subclause (I), the Administrator
shall promulgate additional standards
under subparagraph (A) that require,
effective beginning on January 1,
2016--
``(aa) the maximum level of
control described in clause
(i)(IV); or
``(bb) if the Administrator
determines, after consideration
of the factors described in
clause (i), that a maximum
level of control described in
subclause (IV) of that clause
is not technically achievable
by January 1, 2016, the maximum
level of control that the
Administrator determines will
be technically achievable by
that date.
``(2) Applicability.--Standards applicable to marine
engines and marine vessels promulgated under this section shall
be applicable to vessels that enter or leave a port or offshore
terminal of the United States, including vessels flagged in any
country other than the United States.
``(3) Enforcement.--
``(A) In general.--The standards established under
this subsection shall be enforced in accordance with
subsection (f).
``(B) Enforcement against certain persons.--At the
discretion of the Administrator, any standard
established under this subsection relating to in-use
engines may be enforced against--
``(i) the owner or operator of an in-use
engine;
``(ii) any person that rebuilds or
maintains an in-use engine; or
``(iii) such other person as the
Administrator determines to be appropriate.
``(4) No effect on other authority.--Nothing in this
subsection limits or otherwise affects any authority of the
Administrator to regulate emissions of engines in marine
vessels under this Act or any other provision of law.''.
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Marine Vessel Emissions Reduction Act of 2007 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations that, effective beginning on December 31, 2010, require specified marine vessels to use fuel that contains not more than 1,000 parts per million of sulfur in their main and auxiliary engines. Authorizes the Administrator to promulgate interim regulations upon determining that compliance with such requirement is not technically feasible by such date.
Authorizes the Administrator to provide for an alternative mechanism of compliance for a marine vessel if: (1) the vessel employs a control technology that reduces emissions of sulfur oxides and particulate matter to at least the same degree as the reduction that would be achieved through compliance with the applicable fuel sulfur content limitation; and (2) the emission reductions achieved are in addition to any reductions required to achieve compliance with an applicable engine emission standard.
Requires: (1) the Administrator, no later than December 15, 2008, to establish and periodically revise standards for emissions of oxides of nitrogen, particulate matter, hydrocarbons, and carbon monoxide from newly-manufactured and in-use main and auxiliary engines in oceangoing marine vessels that enter or leave a U.S. port or offshore terminal; and (2) such standards to require, beginning January 1, 2012, that the engines achieve the greatest degree of emission reduction achievable through the application of available technology.
Directs the Administrator, upon determining that the maximum level of control required by regulations applicable to on-road, nonroad, and stationary engines or achieved by sources from which control technologies may be transferred, including sources that use advanced aftertreatment technologies, will not be technically achievable by January 1, 2012, to promulgate: (1) standards that require the level of control that will be technically achievable by that date; and (2) additional standards that require either such maximum level of control or the level that will be technically achievable beginning January 1, 2016.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Tax Equity
Preservation Act of 1999''.
(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. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS.
(a) In General.--Subsection (a) of section 55 (relating to
alternative minimum tax imposed) is amended by adding at the end the
following new flush sentence:
``Except in the case of a corporation, no tax shall be imposed by this
section for any taxable year beginning after December 31, 1998, and the
tentative minimum tax of any taxpayer other than a corporation shall be
zero for purposes of this title.''
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 1(g)(7) is amended by
adding ``and'' at the end of clause (i), by striking ``, and''
at the end of clause (ii) and inserting a period, and by
striking clause (iii).
(2) Section 2(d) is amended by striking ``sections 1 and
55'' and inserting ``section 1''
(3) Section 5(a) is amended by striking paragraph (4).
(4) Subsection (d) of section 24 is amended by striking
paragraph (2) and by redesignating paragraph (3) as paragraph
(2).
(5) Subsection (c) of section 26 is amended by inserting
before the period ``; except that such amount shall be treated
as being zero in the case of a taxpayer other than a
corporation.''
(6) Paragraph (6) of section 29(b) is amended to read as
follows:
``(6) Application with other credits.--The credit allowed
by subsection (a) for any taxable year shall not exceed the
regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and section 27. In the case
of a corporation, the limitation under the preceding sentence
shall be reduced (but not below zero) by the tentative minimum
tax for the taxable year.''.
(7) Paragraph (3) of section 30(b) is amended to read as
follows:
``(3) Application with other credits.--The credit allowed
by subsection (a) for any taxable year shall not exceed the
regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and sections 27 and 29. In
the case of a corporation, the limitation under the preceding
sentence shall be reduced (but not below zero) by the tentative
minimum tax for the taxable year.''.
(8) Section 32 is amended by striking subsection (h).
(9) Subsection (d) of section 53(d) is amended to read as
follows:
``(d) Definitions.--For purposes of this section--
``(1) Net minimum tax.--The term `net minimum tax' means
the tax imposed by section 55 increased by the amount of the
credit not allowed under section 29 (relating to credit for
producing fuel from a nonconventional source) solely by reason
of the application of the last sentence of section 29(b)(6), or
not allowed under section 30 solely by reason of the
application of the last sentence of section 30(b)(3).
``(2) Tentative minimum tax.--The term `tentative minimum
tax' has the meaning given to such term by section 55(b);
except that such tax shall be treated as being zero in the case
of a taxpayer other than a corporation.''.
(10)(A) Subsection (b) of section 55 (relating to
alternative minimum tax imposed) is amended to read as follows:
``(b) Tentative Minimum Tax.--For purposes of this part--
``(1) Amount of tentative tax.--The tentative minimum tax
for the taxable year is--
``(A) 20 percent of so much of the alternative
minimum taxable income for the taxable year as exceeds
the exemption amount, reduced by
``(B) the alternative minimum tax foreign tax
credit for the taxable year.
``(2) Alternative minimum taxable income.--The term
`alternative minimum taxable income' means the taxable income
of the taxpayer for the taxable year--
``(A) determined with the adjustments provided in
section 56, and
``(B) increased by the amount of the items of tax
preference described in section 57.
If a taxpayer is subject to the regular tax, such taxpayer
shall be subject to the tax imposed by this section (and, if
the regular tax is determined by reference to an amount other
than taxable income, such amount shall be treated as the
taxable income of such taxpayer for purposes of the preceding
sentence).''.
(B) Subsection (d) of section 55 is amended to read as
follows:
``(d) Exemption Amount.--For purposes of this section--
``(1) In general.--The term `exemption amount' means
$40,000.
``(2) Phase-out of exemption amount.--The exemption amount
of any taxpayer shall be reduced (but not below zero) by an
amount equal to 25 percent of the amount by which the
alternative minimum taxable income of the taxpayer exceeds
$150,000.''.
(11)(A) Paragraph (6) of section 56(a) is amended to read
as follows:
``(6) Adjusted basis.--The adjusted basis of any property
to which paragraph (1) or (5) applies (or with respect to which
there are any expenditures to which paragraph (2) applies)
shall be determined on the basis of the treatment prescribed in
paragraph (1), (2), or (5), whichever applies.''.
(B) Section 56 is amended by striking subsection (b).
(C) Subsection (c) of section 56 is amended by striking so
much of the subsection as precedes paragraph (1), by
redesignating paragraphs (1), (2), and (3) as paragraphs (8),
(9), and (10), respectively, and moving them to the end of
subsection (a).
(D) Paragraph (8) of section 56(a), as redesignated by
subparagraph (C), is amended by striking ``subsection (g)'' and
inserting ``subsection (c)''.
(E) Section 56 is amended by striking subsection (e) and by
redesignating subsections (d) and (g) as subsections (b) and
(c), respectively.
(12)(A) Section 58 is hereby repealed.
(B) Clause (i) of section 56(b)(2)(A) (as redesignated by
paragraph (11)(E)), is amended by inserting ``, in the case of
taxable years beginning before January 1, 1999,'' before
``section 58''.
(C) Subsection (h) of section 59 is amended--
(i) by striking ``, 465, and 1366(d)'' and
inserting ``and 465'', and
(ii) by striking ``56, 57, and 58'' and inserting
``56 and 57''.
(13)(A) Subparagraph (C) of section 59(a)(1) is amended by
striking ``subparagraph (A)(i) or (B)(i) of section 55(b)(1)
(whichever applies)'' and inserting ``section 55(b)(1)(A)''.
(B) Paragraph (3) of section 59(a) is amended to read as
follows:
``(3) Pre-credit tentative minimum tax.--For purposes of
this subsection, the term `pre-credit tentative minimum tax'
means the amount determined under section 55(b)(1)(A).''.
(C) Section 59 is amended by striking subsection (c).
(D) Section 59 is amended by striking subsection (j).
(14) Paragraph (7) of section 382(l) is amended by striking
``section 56(d)'' and inserting ``section 56(b)''.
(15) Paragraph (2) of section 641(c) is amended by striking
subparagraph (B) and by redesignating subparagraphs (C) and (D)
as subparagraphs (B) and (C), respectively.
(16) Subsections (b) and (c) of section 666 are each
amended by striking ``(other than the tax imposed by section
55)''.
(17) Subsections (c)(5) and (d)(3)(B) of section 772 are
each amended by striking ``56, 57, and 58'' and inserting ``56
and 57''.
(18) Sections 847 and 848(i) are each amended by striking
``section 56(g)'' and inserting ``section 56(c)''.
(19) Sections 871(b)(1) and 877(b) are each amended by
striking ``or 55''.
(20) Subsection (a) of section 897 is amended to read as
follows:
``(a) General Rule.--For purposes of this title, gain or loss of a
nonresident alien individual or a foreign corporation from the
disposition of a United States real property interest shall be taken
into account--
``(1) in the case of a nonresident alien individual, under
section 871(b)(1), or
``(2) in the case of a foreign corporation, under section
882(a)(1),
as if the taxpayer were engaged in a trade or business within the
United States during the taxable year and as if such gain or loss were
effectively connected with such trade or business.''.
(21) Paragraph (1) of section 962(a) is amended by striking
``sections 1 and 55'' and inserting ``section 1''.
(22) Paragraph (1) of section 1397E(c) is amended to read
as follows:
``(1) the regular tax liability (as defined in section
26(b), over''
(23) The last sentence of section 1563(a) is amended by
striking ``section 55(d)(3)'' and inserting ``section
55(d)(2)''.
(24) Subparagraph (B) of section 6015(d)(2) is amended by
striking ``or 55''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
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Tax Equity Preservation Act of 1999 - Amends the Internal Revenue Code to repeal the alternative minimum tax on individuals as of December 31, 1998. (Retains the alternative minimum tax on corporations.)
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Evacuees Assistance Act of 2008''.
SEC. 2. CREDIT FOR EVACUATION EXPENSES IN MANDATORY EVACUATION.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. EVACUATION EXPENSES IN MANDATORY EVACUATION.
``(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 evacuation
expenses paid or incurred by the taxpayer during the taxable year, but
only to the extent not otherwise compensated for by insurance or
otherwise.
``(b) Dollar Limitation.--The aggregate amount of qualified
evacuation expenses which may be taken into account under subsection
(a) for a taxable year shall not exceed $2,000.
``(c) Qualified Evacuation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified evacuation expenses'
means the sum of all travel expenses (including meals and
lodging) paid or incurred by the taxpayer during the taxable
year by reason of a qualified evacuation.
``(2) Qualified evacuation.--With respect to an individual,
the term `qualified evacuation' means a mandatory evacuation of
an area in which such individual resides on the date of a
qualified disaster (as defined in section 139(c)) in any
portion of such area.
``(d) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to an
individual under subpart C shall be increased by the lesser
of--
``(A) the credit which would be allowed under this
section without regard to this subsection, or
``(B) the amount by which the aggregate amount of
credits allowed by this subpart (determined without
regard to this subsection) would increase if the
limitation imposed by section 26(a) were increased by
the individual's social security taxes for the taxable
year.
The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and shall
reduce the amount of credit otherwise allowable under
subsection (a).
``(2) Social security taxes.--For purposes of paragraph
(1)--
``(A) In general.--The term `social security taxes'
means, with respect to any taxpayer for any taxable
year--
``(i) the amount of the taxes imposed by
section 3101 and 3201(a) on amounts received by
the taxpayer during the calendar year in which
the taxable year begins,
``(ii) 50 percent of the taxes imposed by
section 1401 on the self-employment income of
the taxpayer for the taxable year, and
``(iii) 50 percent of the taxes imposed by
section 3211(a)(1) on amounts received by the
taxpayer during the calendar year in which the
taxable year begins.
``(B) Coordination with special refund of social
security taxes.--The term `social security taxes' shall
not include any taxes to the extent the taxpayer is
entitled to a special refund of such taxes under
section 6413(c).
``(C) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A)(i) shall be
treated as taxes referred to in such paragraph.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which an exclusion, deduction, or
credit is allowed under any other provision of this chapter.
``(f) Election Not to Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the qualified evacuation
expenses of the taxpayer for any taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Evacuation expenses in mandatory evacuation.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after August 29, 2008.
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Evacuees Assistance Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers a tax credit, up to $2,000, for uncompensated travel expenses (including meals and lodging) incurred due to a mandatory evacuation of a disaster area.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
The Act may be cited as the ``Community Action Opioid Response Act
of 2018''.
SEC. 2. ESTABLISHMENT OF THE COMMUNITY ACTION OPIOID RESPONSE GRANT
PROGRAM.
(a) Authorization of Grant Program.--The Secretary of Health and
Human Services, acting through the Office of Community Services
established under section 678 of the Community Services Block Grant Act
(42 U.S.C. 9912), shall, subject to the subsequent provisions of this
section, establish a grant program to enable Community Action Agencies
to respond to the needs of communities and low-income families and
individuals in crisis resulting from the opioid addiction epidemic.
(b) Goals.--The goals of the grant program under this section are
to expand and support effective community efforts to identify and
respond to causes and consequences of opioid misuse and addiction
experienced by low-income individuals, families, and communities.
(c) Eligibility.--Any Community Action Agency, as defined in
subsection (i), is eligible to apply for a grant under this section by
submitting an application in such form and manner as specified by the
Secretary, in accordance with subsection (g)(1).
(d) Allowable Uses of Funds.--A grant awarded to a Community Action
Agency under this section may be used to support one or more of the
following activities, which may be conducted in coordination or
partnership with other community organizations:
(1) Enhanced public education to improve individual and
community awareness, with respect to opioid misuse or
addiction, including for children and youth.
(2) Outreach and identification of individuals at risk of
or experiencing opioid misuse or addiction, and referral of
such individuals to appropriate treatment, recovery, or other
resources in the community.
(3) Direct services to prevent, treat, or recover from
opioid addiction.
(4) Services to stabilize the education, employment,
housing, transportation, or other needs of addicted or at-risk
individuals and their family members.
(5) Services to address and mitigate the impact of opioid
addiction on children in the household.
(6) Support and assistance to children, and their
caregivers, who are in foster care or at-risk of placement in
foster care because of the opioid addiction of their parents.
(7) Development of partnerships with entities such as local
healthcare providers, substance abuse treatment organizations,
schools, child welfare agencies, social service organizations,
police departments, prosecutors, courts, prisons, local
governments, businesses, and religious institutions, in order
to coordinate or expand resources available to addicted or at-
risk individuals and their family members.
(8) Training for agency personnel in issues related to
opioid addiction, including early identification of at-risk
individuals and administration of overdose prevention
medications.
(e) Grant Funding Limitations.--
(1) Amount of grant.--A grant awarded under this section
shall be in an amount that is not more than $1,000,000 per year
and not less than $50,000 per year.
(2) Duration.--A grant awarded under this section shall be
for not more than three years in duration unless otherwise
approved by the Secretary based on outcome data or extenuating
circumstances.
(f) Reporting.--Each Community Action Agency receiving a grant
under this section shall submit an annual report to the Secretary
detailing goals, interventions, outcomes, and expenditures, with
respect to the program of such agency that is funded by such grant, and
make each such report so submitted by the Community Action Agency
available on the public website of the Community Action Agency. The
Secretary shall make each such report public on the public website of
the Department of Health and Human Services. For each year of the grant
program under this section, the Secretary shall compile all of such
reports so submitted to the Secretary for such year and submit to
Congress the compilation with an annual summary.
(g) Expedited Grant Application, Review, and Award Process.--
(1) Application process and criteria.--Not later than 60
days after the date of the enactment of this section, the
Secretary shall publish in the Federal Register the application
process and criteria for grants under this section. Such
criteria shall require each application submitted for a grant
under this section to include--
(A) a description of the objectives of the program
and activities to be funded by the grant and how the
grant will be used to achieve these objectives,
including specific activities and services to be
conducted, and specific populations or areas to be
served (including targeted subgroups such as
incarcerated or homeless individuals);
(B) a description of innovative approaches to be
used and evidence of likely success;
(C) a plan for measuring progress in achieving such
objectives specified in subparagraph (A), including a
strategy to collect data that can be used to measure
the project's effectiveness;
(D) identification of relevant community or other
organizations with which the applicant will coordinate
or partner and a description of the proposed
coordination or partnership;
(E) assurances satisfactory to the Secretary that
the applicant has conducted an assessment of community
needs related to opioid misuse and addiction among low-
income individuals and families, and that the proposed
uses of the grant funds will address unmet needs
identified by the assessment;
(F) assurances satisfactory to the Secretary that
funds awarded through the grant will not supplant other
programs or resources in the community with similar
objectives; and
(G) assurances satisfactory to the Secretary that
evidence-based approaches will be used to the maximum
extent practicable.
(2) Community action opioid response grant application
review panel.--
(A) In general.--Not later than 90 days after the
date of the enactment of this section, the Secretary
shall establish a Community Action Opioid Response
Grant Application Review Panel of not less than 15
individuals, including not more than 5 employees from
the Department of Health and Human Services and other
Federal agencies, with expert knowledge of the opioid
epidemic, drug treatment, community responses to
poverty prevention, child protection, or post-recovery
employment and training.
(B) Duties.--Such review panel shall review and
evaluate applications for grants under this section and
recommend to the Secretary which of such applications
should be awarded a grant under this section.
(C) Grant selection priorities.--In reviewing and
recommending applications for a grant, such review
panel shall consider and give priority to applications
that demonstrate one or more of the following:
(i) Evidence of coordination and
partnership with agencies or entities with
experience or expertise in addressing opioid-
related issues.
(ii) Evidence of leveraging non-Federal
funds or in-kind resources to extend the reach
or duration (or both) of the program proposed
by the application.
(iii) Quality of methodology proposed to
monitor the outcomes of the program proposed by
the application and effectiveness in achieving
goals of the program and mitigating the harmful
health and socioeconomic impacts of opioid
addiction.
(iv) Evidence of capacity-building and
strengthening of community responses to the
opioid crisis.
(v) Efforts to minimize the trauma and
negative impact of foster care on children of
addicted individuals.
(vi) The applicant has a demonstrated
knowledge of opioid-related needs in the target
community.
(vii) Use of innovative or evidence-based
approaches to address unmet opioid-related
needs, including to promote self-sufficiency
and well-being for families with children
impacted by opioid addiction.
(D) Funding.--The Secretary may use amounts
appropriated to the Office of the Secretary of Health
and Human Services to pay for all expenses associated
with the Community Action Opioid Response Grant
Application Review Panel.
(3) Timing for awarding grants.--With respect to a year for
which amounts are appropriated to carry out this section
pursuant to subsection (h), not later than 120 days after such
amounts are made available for such year, the Secretary shall
award all such amounts for grants under this section for such
year.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
grants under this section $50,000,000 for each of fiscal years
2018 through 2022.
(2) Tribal set aside.--Of the amount appropriated for a
year pursuant to paragraph (1) to carry out this section, not
more than 7 percent shall be designated for such year for
grants to Indian tribes or tribal organizations that receive
direct payments under section 677 of the Community Services
Block Grant Act (42 U.S.C. 9911).
(i) Definitions.--As used in this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(2) Community action agency.--The term ``Community Action
Agency'' has the same meaning given the term ``eligible
entity'' under section 673(1)(A) of the Community Services
Block Grant Act (42 U.S.C. 9902).
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Community Action Opioid Response Act of 2018 This bill requires the Office of Community Services within the Department of Health and Human Services to establish a grant program that helps low-income individuals, families, and communities affected by the national opioid epidemic. Grants must be awarded to Community Action Agencies (local organizations that work to reduce poverty in low-income communities) for specified activities relating to opioid misuse and abuse, including education, outreach, prevention, and treatment services.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Export Facilitation Act
of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The export sector of United States agriculture makes an
important positive contribution to this country's trade
balance.
(2) According to the United States Department of
Agriculture, Foreign Agricultural Service, the total value of
United States exports of agricultural products shipped to Cuba
since 2000 when such sales were first authorized by Congress is
approximately $1,426,300,000, excluding transportation, port
fees, and insurance costs beyond the port of exportation. In
December 2001, Cuba purchased approximately $4,600,000 in food
and agricultural products. In 2002, Cuba purchased
approximately $139,800,000 in food and agricultural products.
In 2003, Cuba purchased approximately $247,600,000 in food and
agricultural products. In 2004, Cuba purchased approximately
$383,900,000 in food and agricultural products. In 2005, Cuba
purchased approximately $346,000,000 in food and agricultural
products. Cuba is therefore an important source of revenue for
United States agriculture and its affiliated industries, such
as manufacturers and distributors of value-added food products.
(3) To be competitive in sales to Cuban purchasers, United
States exporters of agricultural products and their
representatives, including representatives of United States air
or sea carriers, ports, and shippers, must have ready and
reliable physical access to Cuba. Such access is currently
uncertain because, under existing regulations, United States
exporters and their representatives must apply for and receive
special Department of the Treasury licenses to travel to Cuba
to engage in sales-related activities. The issuance of such
licenses is subject to both administrative delays and periodic
denials. A blanket statutory authorization for sales and
transport-related travel to Cuba by United States exporters
will remove the current bureaucratic impediment to agricultural
product sales endorsed by Congress when it passed the Trade
Sanctions Reform and Export Enhancement Act of 2000.
(4) On many occasions visas to enter the United States have
been delayed and often denied to prospective Cuban purchasers
of products authorized under the Trade Sanctions Reform and
Export Enhancement Act of 2000. The result has been that family
farmers and other small producers and distributors of
agricultural products who lack the resources to fund sales
delegations to Cuba have been denied access to potential
purchasers in that country. A simple solution is to issue visas
to Cuban nationals who demonstrate an itinerary of meetings
with prospective United States exporters of products authorized
under the Trade Sanctions Reform and Export Enhancement Act of
2000. In addition, visas should be issued to Cuban
phytosanitary inspectors who require entry into the United
States to conduct on-premise inspections of production and
processing facilities and the products of potential United
States exporters.
(5) The Trade Sanctions Reform and Export Enhancement Act
of 2000 requires ``payment of cash in advance'' for United
States agricultural exports to Cuba. Some Federal agencies
responsible for the implementation of the Trade Sanctions
Reform and Export Enhancement Act of 2000 have expressed the
view that ``cash in advance'' requires that payment be received
by a United States exporter in advance of shipment of goods to
Cuba. Indeed, in late 2004 payments due United States exporters
from purchasers in Cuba were frozen in United States banks
while the terms of those payments were reviewed unnecessarily.
This action by the Department of the Treasury has created a
climate of commercial uncertainty that has inhibited
agricultural sales to Cuba under the Trade Sanctions Reform and
Export Enhancement Act of 2000.
(6) There is nothing in either the Trade Sanctions Reform
and Export Enhancement Act of 2000 itself or its legislative
history to support the view that Congress intended payment to
be made in advance of the shipment of goods from the United
States to Cuba. It was and is the intent of Congress that a
seller of a product authorized under the Trade Sanctions Reform
and Export Enhancement Act of 2000 receive payment only before
a Cuban purchaser takes physical possession of that product.
(7) At present it is the policy of the United States
Government to prohibit direct payment between Cuban and United
States financial institutions. As a result, Cuban purchasers of
products authorized under the Trade Sanctions Reform and Export
Enhancement Act of 2000 must route their payments through third
country banks that charge a fee for this service. Allowing
direct payments between Cuban and United States financial
institutions will permit the United States exporters to receive
payment directly to their financial institutions within hours
instead of days and will eliminate an unnecessary transactional
fee, thereby allowing Cuban purchasers to purchase more United
States origin agricultural products.
(b) Purpose.--The purpose of this Act is to restate the intent of
Congress with respect to the Trade Sanctions Reform and Export
Enhancement Act of 2000, to remove impediments to present and future
sales of United States agricultural products to Cuba under such Act,
and to otherwise facilitate such sales.
SEC. 3. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES ACTIVITIES
UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT
ACT OF 2000.
Section 910 of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7209) is amended by adding at the end the
following:
``(c) General License Authority for Travel-Related Expenditures in
Cuba by Persons Engaging in Sales and Marketing Activities and
Transportation Activities.--
``(1) In general.--The Secretary of the Treasury shall
authorize under a general license the travel-related
transactions listed in subsection (c) of section 515.560 of
title 31, Code of Federal Regulations, for travel to, from, or
within Cuba in connection with--
``(A) sales and marketing activities of products
pursuant to this Act, including the organization and
participation in product exhibitions; and
``(B) transportation by sea or air of products
pursuant to this Act.
``(2) Sales and marketing activities defined.--
``(A) In general.--In paragraph (1), the term
`sales and marketing activities' means any activity
with respect to travel to, from, or within Cuba that is
undertaken by a United States person in order to
explore the market in that country for the sale of
products pursuant to this Act or to engage in sales
activities with respect to such products.
``(B) Other definitions.--In subparagraph (A)--
``(i) the term `sales activities' includes
exhibiting, negotiating, marketing, surveying
the market, and delivering and servicing
products pursuant to this Act; and
``(ii) the term `United States person'
includes a full-time employee, executive, sales
agent or consultant of a producer,
manufacturer, distributor, shipper, United
States air or seaport, or a carrier of products
authorized for sale pursuant to this Act, as
well as an exhibitor, representative, or member
of a national or State trade organization that
promotes the interests of a producer,
manufacturer, or distributor of such products.
``(3) Regulations.--The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to carry
out the provisions of this subsection.''.
SEC. 4. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN ACCORDANCE WITH THE
TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF
2000.
(a) Issuance of Visas.--Notwithstanding any other provision of law,
in the case of a Cuban national whose itinerary documents an intent to
conduct activities, including phytosanitary inspections, related to
purchasing United States agricultural goods under the provisions of the
Trade Sanctions Reform and Export Enhancement Act of 2000, a consular
officer (as defined in section 101(a)(9) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(9))) may issue a nonimmigrant visa
under section 101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to
the national, if the national is not inadmissible to the United States
under section 212 of such Act (8 U.S.C. 1182).
(b) Periodic Reports.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act and every 3 months thereafter the
Secretary of State shall submit to the Committees on Finance,
Agriculture, Nutrition, and Forestry, and Foreign Relations of
the Senate and the Committees on Agriculture, Ways and Means,
and Foreign Affairs of the House of Representatives a report on
the issuance of visas described in subsection (a).
(2) Content of reports.--Each report shall contain a full
description of each application received from a Cuban national
to travel to the United States to engage in purchasing
activities pursuant to the Trade Sanctions Reform and Export
Enhancement Act of 2000 and shall describe the disposition of
each such application.
SEC. 5. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM
AND EXPORT ENHANCEMENT ACT OF 2000.
Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) the term `payment of cash in advance' means,
notwithstanding any other provision of law, the payment
by the purchaser of an agricultural commodity or
product and the receipt of such payment by the seller
prior to--
``(i) the transfer of title of such
commodity or product to the purchaser; and
``(ii) the release of control of such
commodity or product to the purchaser.''.
SEC. 6. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
STATES FINANCIAL INSTITUTIONS UNDER THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT OF 2000.
Notwithstanding any other provision of law, the President may not
restrict direct transfers from a Cuban financial institution to a
United States financial institution executed in payment for a product
authorized for sale under the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
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Agricultural Export Facilitation Act of 2007 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA of 2000) to require the Secretary of the Treasury to authorize, under a general license, certain travel-related transactions for travel to, from, or within Cuba in connection with: (1) sales and marketing activities, including organization and participation in product exhibitions; and (2) sea or air transportation of products.
Authorizes a consular official to issue a temporary tourist/business visa for a Cuban national (who is not otherwise inadmissible) whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of TSREEA of 2000.
Defines "payment in cash" with respect to certain prohibitions on financing of U.S. agricultural sales to Cuba.
Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under TSREEA of 2000.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudden Oak Death Syndrome Control
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) tan oak, coast live oak, Shreve's oak, and black oak
trees are among the most beloved features of the topography of
California and the Pacific Northwest and efforts should be made
to protect those trees from disease;
(2) the die-off of those trees, as a result of the exotic
Phytophthora fungus, is approaching epidemic proportions;
(3) very little is known about the new species of
Phytophthora, and scientists are struggling to understand the
causes of sudden oak death syndrome, the methods of
transmittal, and how sudden oak death syndrome can best be
treated;
(4) the Phytophthora fungus has been found on--
(A) Rhododendron plants in nurseries in California;
and
(B) wild huckleberry plants, potentially
endangering the commercial blueberry and cranberry
industries;
(5) sudden oak death syndrome threatens to create major
economic and environmental problems in California, the Pacific
Northwest, and other regions, including--
(A) the increased threat of fire and fallen trees;
(B) the cost of tree removal and a reduction in
property values; and
(C) loss of revenue due to--
(i) restrictions on imports of oak products
and nursery stock; and
(ii) the impact on the commercial
rhododendron, blueberry, and cranberry
industries; and
(6) Oregon and Canada have imposed an emergency quarantine
on the importation of oak trees, oak products, and certain
nursery plants from California.
SEC. 3. RESEARCH, MONITORING, AND TREATMENT OF SUDDEN OAK DEATH
SYNDROME.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall carry out a sudden oak death syndrome
research, monitoring, and treatment program to develop methods to
control, manage, or eradicate sudden oak death syndrome from oak trees
on both public and private land.
(b) Research, Monitoring, and Treatment Activities.--In carrying
out the program under subsection (a), the Secretary may--
(1) conduct open space, roadside, and aerial surveys;
(2) provide monitoring technique workshops;
(3) develop baseline information on the distribution,
condition, and mortality rates of oaks in California and the
Pacific Northwest;
(4) maintain a geographic information system database;
(5) conduct research activities, including research on
forest pathology, Phytophthora ecology, forest insects
associated with oak decline, urban forestry, arboriculture,
forest ecology, fire management, silviculture, landscape
ecology, and epidemiology;
(6) evaluate the susceptibility of oaks and other
vulnerable species throughout the United States; and
(7) develop and apply treatments.
SEC. 4. MANAGEMENT, REGULATION, AND FIRE PREVENTION.
(a) In General.--The Secretary shall conduct sudden oak death
syndrome management, regulation, and fire prevention activities to
reduce the threat of fire and fallen trees killed by sudden oak death
syndrome.
(b) Management, Regulation, and Fire Prevention Activities.--In
carrying out subsection (a), the Secretary may--
(1) conduct hazard tree assessments;
(2) provide grants to local units of government for hazard
tree removal, disposal and recycling, assessment and management
of restoration and mitigation projects, green waste treatment
facilities, reforestation, resistant tree breeding, and exotic
weed control;
(3) increase and improve firefighting and emergency
response capabilities in areas where fire hazard has increased
due to oak die-off;
(4) treat vegetation to prevent fire, and assessment of
fire risk, in areas heavily infected with sudden oak death
syndrome;
(5) conduct national surveys and inspections of--
(A) commercial rhododendron and blueberry
nurseries; and
(B) native rhododendron and huckleberry plants;
(6) provide for monitoring of oaks and other vulnerable
species throughout the United States to ensure early detection;
and
(7) provide diagnostic services.
SEC. 5. EDUCATION AND OUTREACH.
(a) In General.--The Secretary shall conduct education and outreach
activities to make information available to the public on sudden death
oak syndrome.
(b) Education and Outreach Activities.--In carrying out subsection
(a), the Secretary may--
(1) develop and distribute educational materials for
homeowners, arborists, urban foresters, park managers, public
works personnel, recreationists, nursery workers, landscapers,
naturists, firefighting personnel, and other individuals, as
the Secretary determines appropriate;
(2) design and maintain a website to provide information on
sudden oak death syndrome; and
(3) provide financial and technical support to States,
local governments, and nonprofit organizations providing
information on sudden oak death syndrome.
SEC. 6. SUDDEN OAK DEATH SYNDROME ADVISORY COMMITTEE.
(a) Establishment.--
(1) In general.--The Secretary shall establish a Sudden Oak
Death Syndrome Advisory Committee (referred to in this section
as the ``Committee'') to assist the Secretary in carrying out
this Act.
(2) Membership.--
(A) Composition.--The Committee shall consist of--
(i) 1 representative of the Animal and
Plant Health Inspection Service, to be
appointed by the Administrator of the Animal
and Plant Health Inspection Service;
(ii) 1 representative of the Forest
Service, to be appointed by the Chief of the
Forest Service;
(iii) 2 individuals appointed by the
Secretary from each of the States affected by
sudden oak death syndrome; and
(iv) any individual, to be appointed by the
Secretary, in consultation with the Governors
of the affected States, that the Secretary
determines--
(I) has an interest or expertise in
sudden oak death syndrome; and
(II) would contribute to the
Committee.
(B) Date of appointments.--The appointment of a
member of the Committee shall be made not later than 90
days after the enactment of this Act.
(3) Initial meeting.--Not later than 30 days after the date
on which all members of the Committee have been appointed, the
Committee shall hold the initial meeting of the Committee.
(b) Duties.--
(1) Implementation plan.--The Committee shall prepare a
comprehensive implementation plan to address the management,
control, and eradication of sudden oak death syndrome.
(2) Reports.--
(A) Interim report.--Not later than 1 year after
the date of enactment of this Act, the Committee shall
submit to Congress the implementation plan prepared
under paragraph (1).
(B) Final report.--Not later than 3 years after the
date of enactment of this Act, the Committee shall
submit to Congress a report that contains--
(i) a summary of the activities of the
Committee;
(ii) an accounting of funds received and
expended by the Committee; and
(iii) findings and recommendations of the
Committee.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2002 through 2007--
(1) to carry out section 3, $7,500,000, of which up to
$1,500,000 shall be used for treatment;
(2) to carry out section 4, $6,000,000;
(3) to carry out section 5, $500,000; and
(4) to carry out section 6, $250,000.
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Sudden Oak Death Syndrome Control Act of 2001 - Directs the Secretary of Agriculture to conduct sudden oak death syndrome programs of: (1) research, monitoring, and treatment; (2) management and fire prevention; and (3) outreach and education.Directs the Secretary to establish a Sudden Oak Death Syndrome Advisory Committee.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Preservation Act of
1996''.
SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST
FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND.
(a) In General.--Section 201(d) of the Social Security Act (42
U.S.C. 401(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``Such investments may be made only'' and
inserting the following: ``Except as provided in paragraph (2),
such investments may be made only'';
(3) by striking the last sentence; and
(4) by adding at the end the following new paragraph:
``(2)(A) The Managing Trustee shall determine the annual surplus
(as defined in subparagraph (B)) for each of the Trust Funds as of the
end of each fiscal year. The Managing Trustee shall ensure that such
annual surplus is invested, throughout the next following fiscal year,
in--
``(i) marketable interest-bearing obligations of the United
States or obligations guaranteed as to both principal and
interest by the United States, purchased on original issue or
at the market price, or
``(ii) certificates of deposit in insured depository
institutions (as defined in section 3(c)(2) of the Federal
Deposit Insurance Act).
``(B) For purposes of this paragraph, the `annual surplus' for
either of the Trust Funds as of the end of a fiscal year is the excess
(if any) of--
``(i) the sum of--
``(I) in the case of the Federal Old-Age and
Survivors Insurance Trust Fund, the amounts
appropriated to such Trust Fund under paragraphs (3)
and (4) of subsection (a) for the fiscal year,
``(II) in the case of the Federal Disability
Insurance Trust Fund, the amounts appropriated to such
Trust Fund under paragraphs (1) and (2) of subsection
(b) for the fiscal year, and
``(III) in either case, the amount appropriated to
such Trust Fund under section 121(e) of the Social
Security Amendments of 1983 for the fiscal year, and
any amounts otherwise credited to or deposited in such
Trust Fund under this title for the fiscal year, over
``(ii) the amounts paid or transferred from such Trust Fund
during the fiscal year.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to annual surpluses as of the end of fiscal years
beginning on or after October 1, 1996.
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS FROM THE PUBLIC
DEBT LIMIT.
(a) Protection of Trust Funds.--Notwithstanding any other provision
of law--
(1) no officer or employee of the United States may--
(A) delay the deposit of any amount into (or delay
the credit of any amount to) the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund or otherwise vary from
the normal terms, procedures, or timing for making such
deposits or credits, or
(B) refrain from the investment in public debt
obligations of amounts in either of such Trust Funds,
if a purpose of such action or inaction is to not increase the
amount of outstanding public debt obligations, and
(2) no officer or employee of the United States may
disinvest amounts in either of such Trust Funds which are
invested in public debt obligations if a purpose of the
disinvestment is to reduce the amount of outstanding public
debt obligations.
(b) Protection of Benefits and Expenditures for Administrative
Expenses.--
(1) In general.--Notwithstanding subsection (a), during any
period for which cash benefits or administrative expenses would
not otherwise be payable from the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability Insurance Trust
Fund by reason of an inability to issue further public debt
obligations because of the applicable public debt limit, public
debt obligations held by such Trush Fund shall be sold or
redeemed only for the purpose of making payment of such
benefits or administrative expenses and only to the extent cash
assets of such Trust Fund are not available from month to month
for making payment of such benefits or administrative expenses.
(2) Issuance of corresponding debt.--For purposes of
undertaking the sale or redemption of public debt obligations
held by the Federal Old-Age and Survivors Insurance Trust Fund
or the Federal Disability Insurance Trust Fund pursuant to
paragraph (1), the Secretary of the Treasury may issue
corresponding public debt obligations to the public, in order
to obtain the cash necessary for payment of benefits or
administrative expenses from such Trust Fund, notwithstanding
the public debt limit.
(3) Advance notice of sale or redemption.--Not less than 3
days prior to the date on which, by reason of the public debt
limit, the Secretary of the Treasury expects to undertake a
sale or redemption authorized under paragraph (1), the
Secretary of the Treasury shall report to each House of the
Congress and to the Comptroller General of the United States
regarding the expected sale or redemption. Upon receipt of such
report, the Comptroller General shall review the extent of
compliance with subsection (a) and paragraphs (1) and (2) of
this subsection and shall issue such findings and
recommendations to each House of the Congress as the
Comptroller General considers necessary and appropriate.
(c) Public Debt Obligation.--For purposes of this section, the term
``public debt obligation'' means any obligation subject to the public
debt limit established under section 3101 of title 31, United States
Code.
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Social Security Preservation Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds.
Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of OASDI cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Employment Areas
Improvement Act''.
SEC. 2. TARGETED EMPLOYMENT AREAS.
Section 203(b)(5)(B) (8 U.S.C. 1153(b)(5)(B)) is amended to read as
follows:
``(B) Set aside for targeted employment areas.--
``(i) In general.--Not fewer than 5,000 of
the visas made available under this paragraph
in each fiscal year shall be reserved for
qualified immigrants who invest in a new
commercial enterprise described in subparagraph
(A) that--
``(I) is investing such capital in
a targeted employment area; and
``(II) will create employment in
such targeted employment area.
``(ii) Duration of targeted employment area
designation.--
``(I) In general.--A designation of
a high unemployment area as a targeted
employment area--
``(aa) shall be valid for 5
years; and
``(bb) may be renewed for
additional 5-year periods if
the area continues to meet the
definition of high unemployment
area under clause (iii).
``(II) Effect of designation
expiration.--An investor who makes the
required investment under this
paragraph in a targeted employment area
shall not be required to increase the
amount of such investment upon the
expiration of such designation.
``(iii) Definitions.--In this subparagraph:
``(I) High unemployment area.--The
term `high unemployment area' means an
area that--
``(aa) consists of a census
tract, or a group of census
tracts that are economically
integrated in light of commuter
flow patterns based on Federal
data sets, with an unemployment
rate that is at least 150
percent of the national average
unemployment rate; or
``(bb) is within the
boundaries established for
purposes of--
``(AA) a Federal or
State economic
development incentive
program, including any
area designated by the
Federal Government or a
State as an enterprise
zone, a renewal
community, a promise
zone, or an empowerment
zone; or
``(BB) any Federal
or State program
designed to create
jobs, start small
businesses, or
revitalize
neighborhoods.
``(II) Rural area.--The term `rural
area' means--
``(aa) any area other than
an area within a metropolitan
statistical area unless it is a
town on the outer boundary of a
metropolitan statistical area
with a population of 20,000 or
fewer residents (based on the
most recent decennial census of
the United States);
``(bb) any city or town
having a population of fewer
than 20,000 residents (based on
the most recent decennial
census of the United States)
that is located within a State
having a population of fewer
than 1,500,000 residents (based
on such census); or
``(cc) any area located in
a census tract of a
metropolitan statistical area
if the census tract has a
population density of fewer
than 500 people per square mile
(based on such census).
``(III) Targeted employment area.--
The term `targeted employment area'
means a rural area, any community
adversely affected by a recommendation
by the Defense Base Closure and
Realignment Commission, or a high
unemployment area.''.
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Targeted Employment Areas Improvement Act This bill amends the Immigration and Nationality Act to increase the number of fiscal year EB-5 (employment creation) visas for qualified immigrants who invest in a new commercial enterprise which, in addition to creating jobs in a targeted employment area, will invest the required capital in such area. Designation of a high unemployment area as a targeted employment area shall be valid for renewable five-year periods.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trickett Wendler, Frank Mongiello,
Jordan McLinn, and Matthew Bellina Right to Try Act of 2017''.
SEC. 2. USE OF UNAPPROVED INVESTIGATIONAL DRUGS BY PATIENTS DIAGNOSED
WITH A TERMINAL ILLNESS.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 561A (21 U.S.C. 360bbb-0) the
following:
``SEC. 561B. INVESTIGATIONAL DRUGS FOR USE BY ELIGIBLE PATIENTS.
``(a) Definitions.--For purposes of this section--
``(1) the term `eligible patient' means a patient--
``(A) who has been diagnosed with a life-threatening
disease or condition (as defined in section 312.81 of title 21,
Code of Federal Regulations (or any successor regulations));
``(B) who has exhausted approved treatment options and is
unable to participate in a clinical trial involving the
eligible investigational drug, as certified by a physician,
who--
``(i) is in good standing with the physician's
licensing organization or board; and
``(ii) will not be compensated directly by the
manufacturer for so certifying; and
``(C) who has provided to the treating physician written
informed consent regarding the eligible investigational drug,
or, as applicable, on whose behalf a legally authorized
representative of the patient has provided such consent;
``(2) the term `eligible investigational drug' means an
investigational drug (as such term is used in section 561)--
``(A) for which a Phase 1 clinical trial has been
completed;
``(B) that has not been approved or licensed for any use
under section 505 of this Act or section 351 of the Public
Health Service Act;
``(C)(i) for which an application has been filed under
section 505(b) of this Act or section 351(a) of the Public
Health Service Act; or
``(ii) that is under investigation in a clinical trial
that--
``(I) is intended to form the primary basis of a claim
of effectiveness in support of approval or licensure under
section 505 of this Act or section 351 of the Public Health
Service Act; and
``(II) is the subject of an active investigational new
drug application under section 505(i) of this Act or
section 351(a)(3) of the Public Health Service Act, as
applicable; and
``(D) the active development or production of which is
ongoing and has not been discontinued by the manufacturer or
placed on clinical hold under section 505(i); and
``(3) the term `phase 1 trial' means a phase 1 clinical
investigation of a drug as described in section 312.21 of title 21,
Code of Federal Regulations (or any successor regulations).
``(b) Exemptions.--Eligible investigational drugs provided to
eligible patients in compliance with this section are exempt from
sections 502(f), 503(b)(4), 505(a), and 505(i) of this Act, section
351(a) of the Public Health Service Act, and parts 50, 56, and 312 of
title 21, Code of Federal Regulations (or any successor regulations),
provided that the sponsor of such eligible investigational drug or any
person who manufactures, distributes, prescribes, dispenses, introduces
or delivers for introduction into interstate commerce, or provides to
an eligible patient an eligible investigational drug pursuant to this
section is in compliance with the applicable requirements set forth in
sections 312.6, 312.7, and 312.8(d)(1) of title 21, Code of Federal
Regulations (or any successor regulations) that apply to
investigational drugs.
``(c) Use of Clinical Outcomes.--
``(1) In general.--Notwithstanding any other provision of this
Act, the Public Health Service Act, or any other provision of
Federal law, the Secretary may not use a clinical outcome
associated with the use of an eligible investigational drug
pursuant to this section to delay or adversely affect the review or
approval of such drug under section 505 of this Act or section 351
of the Public Health Service Act unless--
``(A) the Secretary makes a determination, in accordance
with paragraph (2), that use of such clinical outcome is
critical to determining the safety of the eligible
investigational drug; or
``(B) the sponsor requests use of such outcomes.
``(2) Limitation.--If the Secretary makes a determination under
paragraph (1)(A), the Secretary shall provide written notice of
such determination to the sponsor, including a public health
justification for such determination, and such notice shall be made
part of the administrative record. Such determination shall not be
delegated below the director of the agency center that is charged
with the premarket review of the eligible investigational drug.
``(d) Reporting.--
``(1) In general.--The manufacturer or sponsor of an eligible
investigational drug shall submit to the Secretary an annual
summary of any use of such drug under this section. The summary
shall include the number of doses supplied, the number of patients
treated, the uses for which the drug was made available, and any
known serious adverse events. The Secretary shall specify by
regulation the deadline of submission of such annual summary and
may amend section 312.33 of title 21, Code of Federal Regulations
(or any successor regulations) to require the submission of such
annual summary in conjunction with the annual report for an
applicable investigational new drug application for such drug.
``(2) Posting of information.--The Secretary shall post an
annual summary report of the use of this section on the internet
website of the Food and Drug Administration, including the number
of drugs for which clinical outcomes associated with the use of an
eligible investigational drug pursuant to this section was--
``(A) used in accordance with subsection (c)(1)(A);
``(B) used in accordance with subsection (c)(1)(B); and
``(C) not used in the review of an application under
section 505 of this Act or section 351 of the Public Health
Service Act.''.
(b) No Liability.--
(1) Alleged acts or omissions.--With respect to any alleged act
or omission with respect to an eligible investigational drug
provided to an eligible patient pursuant to section 561B of the
Federal Food, Drug, and Cosmetic Act and in compliance with such
section, no liability in a cause of action shall lie against--
(A) a sponsor or manufacturer; or
(B) a prescriber, dispenser, or other individual entity
(other than a sponsor or manufacturer), unless the relevant
conduct constitutes reckless or willful misconduct, gross
negligence, or an intentional tort under any applicable State
law.
(2) Determination not to provide drug.--No liability shall lie
against a sponsor manufacturer, prescriber, dispenser or other
individual entity for its determination not to provide access to an
eligible investigational drug under section 561B of the Federal
Food, Drug, and Cosmetic Act.
(3) Limitation.--Except as set forth in paragraphs (1) and (2),
nothing in this section shall be construed to modify or otherwise
affect the right of any person to bring a private action under any
State or Federal product liability, tort, consumer protection, or
warranty law.
SEC. 3. SENSE OF THE SENATE.
It is the sense of the Senate that section 561B of the Federal
Food, Drug, and Cosmetic Act, as added by section 2--
(1) does not establish a new entitlement or modify an existing
entitlement, or otherwise establish a positive right to any party
or individual;
(2) does not establish any new mandates, directives, or
additional regulations;
(3) only expands the scope of individual liberty and agency
among patients, in limited circumstances;
(4) is consistent with, and will act as an alternative pathway
alongside, existing expanded access policies of the Food and Drug
Administration;
(5) will not, and cannot, create a cure or effective therapy
where none exists;
(6) recognizes that the eligible terminally ill patient
population often consists of those patients with the highest risk
of mortality, and use of experimental treatments under the criteria
and procedure described in such section 561A involves an informed
assumption of risk; and
(7) establishes national standards and rules by which
investigational drugs may be provided to terminally ill patients.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017 (Sec.2)This bill amends the Federal Food, Drug, and Cosmetic Act to exempt, from specified requirements and restrictions under that Act and other laws, the provision of certain unapproved, investigational drugs to a terminally ill patient who has exhausted approved treatment options and is unable to participate in a clinical trial involving the drugs. The manufacturer or sponsor of an eligible investigational drug must report annually to the Food and Drug Administration (FDA) on any use of the drug in accordance with these provisions. The FDA shall post an annual summary report of such use on its website. The bill limits the liability of a sponsor, manufacturer, prescriber, or dispenser that provides, or declines to provide, an eligible investigational drug to an eligible patient in accordance with the bill.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``NATO Enlargement Facilitation Act of
1996''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Organization
(NATO) has played an essential role in guaranteeing the
security, freedom, and prosperity of the United States and its
partners in the Alliance.
(2) The NATO Alliance is, and has been since its inception,
purely defensive in character, and it poses no threat to any
nation. The enlargement of the NATO Alliance to include as full
and equal members emerging democracies in Central and Eastern
Europe will serve to reinforce stability and security in Europe
by fostering their integration into the structures which have
created and sustained peace in Europe since 1945. Their
admission to NATO will not threaten any nation. America's
security, freedom, and prosperity remain linked to the security
of the countries of Europe.
(3) The sustained commitment of the member countries of
NATO to a mutual defense has made possible the democratic
transformation of Central and Eastern Europe. Members of the
Alliance can and should play a critical role in addressing the
security challenges of the post-Cold War era and in creating
the stable environment needed for those emerging democracies in
Central and Eastern Europe to successfully complete political
and economic transformation.
(4) The United States continues to regard the political
independence and territorial integrity of all emerging
democracies in Central and Eastern Europe as vital to European
peace and security.
(5) NATO has enlarged its membership on 3 different
occasions since 1949.
(6) Congress has sought to facilitate the further
enlargement of NATO at an early date by enacting the NATO
Participation Act of 1994 (title II of Public Law 103-447; 22
U.S.C. 1928 note) and the NATO Participation Act Amendments of
1995 (section 585 of Public Law 104-107).
(7) The Partnership for Peace, created in 1994 under
American leadership, has fostered cooperation between NATO and
the countries of Central and Eastern Europe, and offers a path
to future membership in the Alliance and a permanent security
relationship between participants in the Partnership for Peace
and members of NATO.
(8) As new members of NATO assume the responsibilities of
Alliance membership, the costs of maintaining stability in
Europe will be shared more widely. The concurrent assumption of
greater responsibility and development of greater capabilities
by the European members of NATO in pursuit of a European
security and defense identity will further reinforce
burdensharing. Facilitation of the enlargement process will
require current members of NATO, and the United States in
particular, to demonstrate the political will needed to build
on successful ongoing programs such as the Warsaw Initiative
and the Partnership for Peace by making available the resources
necessary to supplement efforts prospective new members are
themselves undertaking.
(9) New members will be full members of the Alliance,
enjoying all rights and assuming all the obligations under the
Washington Treaty.
(10) In order to assist emerging democracies in Central and
Eastern Europe that have expressed interest in joining NATO to
be prepared to assume the responsibilities of NATO membership,
the United States should encourage and support efforts by such
countries to develop force structures and force modernization
priorities that will enable such countries to contribute to the
full range of NATO missions, including, most importantly,
territorial defense of the Alliance.
(11) Cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern Europe
that have expressed interest in joining NATO, such as the
Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint
Peacekeeping Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to European peace and
security and international peacekeeping efforts, can assist
those countries preparing to assume the responsibilities of
possible NATO membership, and accordingly should receive
appropriate support from the United States.
(12) NATO remains the only multilateral security
organization capable of conducting effective military
operations and preserving security and stability of the Euro-
Atlantic region.
(13) NATO is an important diplomatic forum and has played a
positive role in defusing tensions between members of the
Alliance and, as a result, no military action has occurred
between two Alliance member states since the inception of NATO
in 1949.
(14) The process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should be a
continuing process and progress toward the admission of
additional emerging democracies in Central and Eastern Europe
will depend on the degree to which these countries meet the
criteria set forth in section 203(d)(3) of the NATO
Participation Act of 1994.
(15) Protection and promotion of fundamental freedoms and
human rights is an integral aspect of genuine security, and in
evaluating requests for membership in NATO, the human rights
records of the emerging democracies in Central and Eastern
Europe should be evaluated in light of the obligations and
commitments of these countries under the Charter of the United
Nations, the Universal Declaration of Human Rights, and the
Helsinki Final Act.
(16) A number of Central and Eastern European countries
have expressed interest in NATO membership, and have taken
concrete steps to demonstrate this commitment; including their
participation in Partnership for Peace activities.
(17) Democratic civilian control of defense forces is an
essential element in the process of preparation for those
states interested in possible NATO membership.
(18) The security and economic stability of the Caucasus
region is important to the United States, and the countries of
the Caucasus region should not be precluded from future
membership in NATO. The United States should continue to
promote policies that encourage economic and fiscal reforms,
private sector growth, and political reforms in the Caucasus
region.
(19) In recognition that not all countries which have
requested membership in NATO will necessarily qualify at the
same pace, the accession date for each new member may vary.
(20) The process of NATO enlargement entails the consensus
agreement of the governments of all 16 NATO members and
ratification in accordance with their constitutional
procedures.
(21) The provision of additional NATO transition assistance
should include those emerging democracies most ready for closer
ties with NATO and should be designed to assist other countries
meeting specified criteria of eligibility to move forward
toward eventual NATO membership.
(22) Lasting security and stability in Europe requires not
only the military integration of emerging democracies of
Central and Eastern Europe into existing European structures,
but also the eventual economic and political integration of
these countries into existing European structures.
(23) The Congress of the United States finds that Poland,
Hungary, and the Czech Republic have made the most progress
toward achieving the stated criteria and should be eligible for
the additional assistance described in this bill.
(24) The evaluation of future membership in NATO for
emerging democracies in Central and Eastern Europe should be
based on the progress of those nations in meeting criteria for
NATO membership, which require enhancement of NATO's security
and the approval of all NATO members.
SEC. 3. UNITED STATES POLICY.
It should be the policy of the United States--
(1) to join with the NATO allies of the United States to
adapt the role of the NATO Alliance to the post-Cold War world;
(2) to actively assist the emerging democracies in Central
and Eastern Europe in their transition so that such countries
may eventually qualify for NATO membership;
(3) to ensure that all countries in Central and Eastern
Europe are fully aware of the costs and responsibilities of
NATO membership, including the obligation set forth in Article
X of the North Atlantic Treaty that new members be able to
contribute to the security of the North Atlantic area, and
further to ensure that all countries admitted to NATO are
capable of assuming those costs and responsibilities; and
(4) to work to define a constructive and cooperative
political and security relationship between an enlarged NATO
and the Russian Federation.
SEC. 4. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to promote economic
stability and security in Slovakia, Estonia, Latvia, Lithuania,
Slovenia, Bulgaria, Romania, Albania, Moldova, and Ukraine--
(1) the United States should continue to support the full
and active participation of these countries in activities
appropriate for qualifying for NATO membership;
(2) the United States Government should continue to use all
diplomatic means available to press the European Union to admit
as soon as possible any country which qualifies for membership;
and
(3) the United States Government and the North Atlantic
Treaty Organization should continue to support military
exercises and peacekeeping initiatives between and among these
nations and members of the North Atlantic Treaty Organization.
SEC. 5. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA, AND LITHUANIA.
In view of the forcible incorporation of Estonia, Latvia, and
Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop
Pact and the refusal of the United States and other countries to
recognize that incorporation for over 50 years, it is the sense of the
Congress that--
(1) Estonia, Latvia, and Lithuania have valid historical
security concerns that must be taken into account by the United
States; and
(2) Estonia, Latvia, and Lithuania should not be
disadvantaged in seeking to join NATO by virtue of their
forcible incorporation into the Soviet Union.
SEC. 6. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--The following countries are designated as eligible
to receive assistance under the program established under section
203(a) of the NATO Participation Act of 1994 and shall be deemed to
have been so designated pursuant to section 203(d) of such Act: Poland,
Hungary, and the Czech Republic.
(b) Authority to Designate Other Countries Not Precluded.--The
process of enlarging NATO to include emerging democracies in Central
and Eastern Europe should not stop with the admission of Poland,
Hungary, and the Czech Republic as full members of the NATO Alliance.
Accordingly, the designation of countries pursuant to subsection (a)
shall not be deemed to preclude the designation by the President of
other Central and Eastern European countries pursuant to section 203(d)
of the NATO Participation Act of 1994 as eligible to receive assistance
under the program established under section 203(a) of such Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT
ASSISTANCE.
(a) In General.--There are authorized to be appropriated
$60,000,000 for fiscal year 1997 for the program established under
section 203(a) of the NATO Participation Act of 1994.
(b) Availability.--Of the funds authorized to be appropriated by
subsection (a)--
(1) not less than $20,000,000 shall be available for the
subsidy cost, as defined in section 502(5) of the Credit Reform
Act of 1990, of direct loans pursuant to the authority of
section 203(c)(4) of the NATO Participation Act of 1994
(relating to the ``Foreign Military Financing Program'');
(2) not less than $30,000,000 shall be available for
assistance on a grant basis pursuant to the authority of
section 203(c)(4) of the NATO Participation Act of 1994
(relating to the ``Foreign Military Financing Program''); and
(3) not more than $10,000,000 shall be available for
assistance pursuant to the authority of section 203(c)(3) of
the NATO Participation Act of 1994 (relating to international
military education and training).
(c) Rule of Construction.--Amounts authorized to be appropriated
under this section are authorized to be appropriated in addition to
such amounts as otherwise may be available for such purposes.
SEC. 8. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE
INFORMATION MANAGEMENT SYSTEM.
(a) In General.--Funds described in subsection (b) are authorized
to be made available to support the implementation of the Regional
Airspace Initiative and the Partnership for Peace Information
Management System, including--
(1) the procurement of items in support of these programs;
and
(2) the transfer of such items to countries participating
in these programs, which may include Poland, Hungary, the Czech
Republic, Slovakia, Estonia, Latvia, Lithuania, Romania,
Slovenia, Albania, Ukraine, and Bulgaria.
(b) Funds Described.--Funds described in this subsection are funds
that are available--
(1) during any fiscal year under the NATO Participation Act
of 1994 with respect to countries eligible for assistance under
that Act; or
(2) during fiscal year 1997 under any Act to carry out the
Warsaw Initiative.
SEC. 9. EXCESS DEFENSE ARTICLES.
(a) Priority Delivery.--Notwithstanding any other provision of law,
the delivery of excess defense articles under the authority of section
203(c) (1) and (2) of the NATO Participation Act of 1994 and section
516 of the Foreign Assistance Act of 1961 shall be given priority to
the maximum extent feasible over the delivery of such excess defense
articles to all other countries except those countries referred to in
section 541 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1640).
(b) Cooperative Regional Peacekeeping Initiatives.--The Congress
encourages the President to provide excess defense articles and other
appropriate assistance to cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern Europe that have
expressed an interest in joining NATO in order to enhance their ability
to contribute to European peace and security and international
peacekeeping efforts.
SEC. 10. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United States to modernize the
defense capability of Poland, Hungary, the Czech Republic, and any
other countries designed by the President pursuant to section 203(d) of
the NATO Participation Act of 1994, by exploring with such countries
options for the sale or lease to such countries of weapons systems
compatible with those used by NATO members, including air defense
systems, advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 11. TERMINATION OF ELIGIBILITY.
(a) Termination of Eligibility.--The eligibility of a country
designated pursuant to section 6(a) or pursuant to section 203(d) of
the NATO Participation Act of 1994 may be terminated upon determination
by the President that such country no longer meets the criteria set
forth in section 203(d)(3) of the NATO Participation Act of 1994.
(b) Notification.--At least 15 days before terminating the
eligibility of any country pursuant to subsection (a), the President
shall notify the congressional committees specified in section 634A of
the Foreign Assistance Act of 1961 in accordance with the procedures
applicable to reprogramming notifications under that section.
Passed the House of Representatives July 23, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
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NATO Enlargement Facilitation Act of 1996 - Declares that it should be the policy of the United States to: (1) assist the transition to full membership in the North Atlantic Treaty Organization (NATO) of emerging democracies in Central and Eastern Europe; (2) ensure that such countries are aware of the costs and responsibilities of such membership; and (3) work to construct a political and security relationship between an enlarged NATO and the Russian Federation.
Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine: (1) the United States should continue to support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should continue to press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should continue to support military and peacekeeping initiatives between and among such countries and NATO countries.
Expresses the sense of the Congress that Estonia, Latvia, and Lithuania have valid historical security concerns and should not be disadvantaged in seeking to join NATO by virtue of their forcible incorporation into the Soviet Union.
Designates Poland, Hungary, and the Czech Republic as eligible to receive certain assistance for transition to full membership in NATO. Declares that such designation shall not preclude the designation by the President of other Central and Eastern Europe countries.
Authorizes appropriations for FY 1997 for NATO enlargement assistance.
Authorizes the availability of certain funds for implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System.
Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries on NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995.
Declares that the Congress endorses U.S. efforts to modernize the defense capability of Poland, Hungary, the Czech Republic, and any other countries the President designates under the NATO Participation Act of 1994, by exploring options for the sale or lease to such countries of weapons systems compatible with those used by NATO members, including air defense systems, advanced fighter aircraft, and telecommunications infrastructure.
Provides for the termination of the eligibility of a country for Partnership of Peace assistance.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Research in the Public
Interest Act of 2006''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to promote global public
health and America's national security by ensuring that innovations
developed at federally-funded institutions are available in eligible
developing countries at the lowest possible cost.
(b) Findings.--Congress finds the following:
(1) It is in the national interest of the United States
that people around the world live healthier lives, and that
they perceive the United States in a more favorable light.
(2) The United States Government funds a major portion of
all academic research.
(3) Congress funds universities and Federal research
laboratories as institutions dedicated to the creation and
dissemination of knowledge in the public interest.
(4) The Federal Government's investment in science and
technology fuels a thriving pharmaceutical industry and rising
longevity and quality of life in the United States. In 2000, a
Senate Joint Economic Committee Report found that public
research was instrumental in developing 15 of the 21 drugs
considered by experts to have had the highest therapeutic
impact on society.
(5) Millions of people with HIV/AIDS in developing
countries need antiretroviral drugs. More than 40,000,000
people worldwide have HIV and 95 percent of them live in
developing countries. Malaria, tuberculosis, and other
infectious diseases kill millions of people a year in
developing nations.
(6) The World Health Organization (``WHO'') has estimated
that \1/3\ of the world's population lacks regular access to
essential medicines, including antiretroviral drugs. The WHO
reported that just by improving access to existing medicines
roughly 10,000,000 lives could be saved around the world every
year.
(7) To help address the access to medicines crisis, the
World Health Organization's 2006 Commission on Intellectual
Property Rights, Innovation, and Public Health recommended that
universities adopt licensing practices designed to increase
access to medicines in developing countries.
(8) The Department of State has reported to Congress under
the President's Emergency Plan for AIDS Relief that, ``[I]n
every case generics prices present an opportunity for cost
savings; in some cases, the branded price per pack of a drug is
up to 11 times the cost of the approved generic version.''.
(9) Since sales of the patented, brand-name versions of
such medicines are minimal or non-existent in many impoverished
regions of the world, allowing generic versions of those
medicines will have minimal impact on the sales of brand-name,
patented versions in such regions, or the licensing revenues of
publicly funded research institutions, while saving an untold
number of lives.
SEC. 3. DEFINITIONS.
In this Act:
(1) Associated medical product.--The term ``associated
medical product'', when used in relation to a subject
invention, means any medical product of which the manufacture,
use, sale, offering for sale, import, or export relies upon or
is covered by the rights guaranteed by title in that invention.
(2) Associated rights.--The term ``associated rights,''
when used in relation to a subject invention, means--
(A) all patent and marketing rights, possessed by a
current or former holder of title in that invention, or
licensee of rights guaranteed by such title, that are
reasonably necessary to make, use, sell, offer to sell,
import, export, or test any associated medical product
ever made, used, sold, offered for sale, imported, or
exported by that party; and
(B) the right to rely on biological, chemical,
biochemical, toxicological, pharmacological, metabolic,
formulation, clinical, analytical, stability, and other
information and data for purposes of regulatory
approval of any associated medical product.
(3) Drug.--The term ``drug'' has the meaning given such
term in section 201 of the Federal Food, Drug and Cosmetic Act
(21 U.S.C. 321).
(4) Eligible country.--The term ``eligible country'' means
any country of which the economy is classified by the World
Bank as ``low-income'', or ``lower-middle-income''.
(5) Fair royalty.--The term ``fair royalty'', when used in
relation to a subject invention, means--
(A) for a country classified by the World Bank as
``low-income'' at the time of the sales on which
royalties are due, 2 percent of a licensee's net sales
of associated medical products in such country; and
(B) for a country classified by the World Bank as
``lower-middle-income'' at the time of sales on which
royalties are due, 5 percent of a licensee's net sales
of associated medical products in such country.
(6) Invention.--The term ``invention'' means any invention
or discovery which is or may be patentable or otherwise
protectable under title 35, United States Code, or any novel
variety of plant which is or may be protectable under the Plant
Variety Protection Act (7 U.S.C. 2321 et seq.).
(7) Medical device.--The term ``medical device'' means a
device, as defined in section 201(h) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(h)), and includes any device
component of any combination product, as that term is used in
section 503(g) of such Act (21 U.S.C. 353(g)).
(8) Medical product.--The term ``medical product'' means
any drug, treatment, prophylaxis, vaccine, or medical device.
(9) Neglected research.--The term ``neglected research''
means any use of a subjected invention or the associated rights
in an effort to develop medical products for a rare disease or
condition, as defined in section 526(a)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bb(a)(2)).
(10) Subject institution.--The term ``subject institution''
means any institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)) or research that receives federal financial
assistance, including Federal laboratories as defined in
section 12(d) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(d)).
(11) Subject invention.--The term ``subject invention''
means any invention--
(A) conceived or first actually reduced to practice
by a subject institution, or its employees in the
course of their employment, on or after the effective
date of this Act; or
(B) in which a subject institution holds title,
provided the invention was first conceived or reduced
to practice on or after the effective date of this Act.
SEC. 4. ACCESS TO LIFESAVING MEDICINES DEVELOPED AT GOVERNMENT FUNDED
INSTITUTIONS.
(a) Grant of License.--
(1) In general.--As a condition of receiving Federal
assistance, any subject institution that conceives, reduced to
practice, or holds title in a subject invention shall be
required to grant irrevocable, perpetual, nonexclusive licenses
to the invention and any associated rights the institution may
own or ever acquire, to any party requesting such a license
pursuant to subsection (g).
(2) Purpose of license.--The licenses described under
paragraph (1) shall be for the sole purpose of--
(A) supplying medical products in accordance with
subsection (e); or
(B) conducting neglected research anywhere in the
world, royalty-free.
(b) Incorporation Into Title.--The open-licensing requirement
created by subsection (a) and all licenses granted thereunder shall be
part of the subject institution's title in a subject invention. No
transfer or license may be interpreted in any manner inconsistent with
making any grant under subsection (a) effective, or in any manner that
prevents or frees the holder of title in the invention from granting
licenses.
(c) Subsequent Licenses.--
(1) In general.--If a subject institution licenses or
grants rights in a subject invention to any other party, as a
condition of such grant the licensee or grantee, and any future
sublicensees or subsequent grantees, ad infinitum, shall also
be required in perpetuity, to grant irrevocable, perpetual,
nonexclusive licenses on any associated rights which the
licensee or grantee may own or later acquire, to any party
requesting such a license pursuant to subsection (g).
(2) Purpose of license.--The licenses shall be for the sole
purposes described in subsection (a)(2).
(3) Application of this subsection.--This subsection
applies to licenses for a subject invention acquired under
subsection (a).
(d) Construction.--No grant or licensee of any subject invention
may be interpreted in any manner that prevents or frees the grantee or
licensee from granting licenses for associated rights under subsection
(c).
(e) License for Supply of Medical Products.--
(1) In general.--A license under subsection (a)(2)(A) shall
be a license for the sole purpose of permitting the making,
using, selling, offering to sell, importing, exporting, and
testing of medical products in eligible countries and the
making and exporting of medical products worldwide for the sole
purpose of supplying medical products to eligible countries.
(2) Labeling.--If the recipient of a license under
subsection (a) exercises its right to make and export a medical
product in any country other than an eligible country for the
sole purpose of export to an eligible country, then the
licensee shall use reasonable efforts to visibly distinguish
the medical product it manufactures from any similar medical
product sold by others in the country of manufacture, provided
that such reasonable efforts do not require the licensee to
expend significant expense.
(3) Royalties.--
(A) License of subject invention.--A license of a
subject invention under subsection (a)(2)(A) shall be
irrevocable and perpetual so long as the licensee
submits to the licensor payment of a fair royalty on
sales of any associated medical product within 90 days
of such sales. Failure or refusal of the licensor to
accept the fair royalty shall not terminate or affect
in any way the license.
(B) License of associated rights.--A license of
associated rights to a subject invention under
subsection (a)(2)(A) shall be royalty free.
(f) Transfer.--In accordance with subsections (a) through (d), any
license or other transfer of a subject invention by a subject
institution or the licensee or grantee of such institution for a
subject invention, shall be invalid unless--
(1) the license or grant includes a clause, ``This grant or
license is subject to the provisions of the Public Research in
the Public Interest Act of 2006.'';
(2) the licensor or grantor complies with the notification
requirements of subsection (h); and
(3) the license or grant does not include any terms that
contradict any requirement of this Act.
(g) Procedures for Acquisition of Licenses.--
(1) In general.--Any party, upon providing to the Food and
Drug Administration--
(A) notification of its intent to supply medical
products or conduct neglected research as provided in
subsection (a);
(B) a specific list of the rights it wishes to
license for those purposes; and
(C) the names of the party or parties it believes
are obligated to grant such licenses under subsections
(a) through (d),
shall automatically be deemed to receive the license so
requested without the need for any further action on the part
of the licensing party if the party or parties specified in the
request do not object and notify the requesting party of such
objection, within 30 days of the publication of such request by
the Administration.
(2) Enforcement action.--
(A) In general.--If the party or parties specified
under paragraph (1) object to the grant of a requested
license, the requesting party may bring an action to
enforce its right to a license of a subject invention
or associated rights under subsections (a) through (d).
(B) Process.--In any suit under this subsection,
the requesting party shall be entitled to separate,
expedited review of the legal issues required to
adjudicate whether it is entitled to the requested
license, without prejudice to any other issues in the
lawsuit. If the party objecting to the license is found
to have objected without reasonable cause or without a
good faith belief that there was a justifiable
controversy under the facts and the law, the party
requesting the license shall be entitled to attorney's
fees, other reasonably necessary costs of the lawsuit,
and treble damages from the objecting party.
(3) Publication.--The Food and Drug Administration shall
publish any request made under paragraph (1) within 15 days of
receipt of such request. The Food and Drug Administration shall
also make reasonable efforts to directly notify the parties
named in any such request.
(h) Notification of Transfer or License of Subject Inventions.--The
holder of title or any license in a subject invention shall notify the
Food and Drug Administration of any grant or license of rights in that
invention. The Food and Drug Administration shall publish all such
notifications within 15 days of receipt.
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Public Research in the Public Interest Act of 2006 - Requires, as a condition of receiving federal assistance, any institution of higher education or research that conceives, reduces to practice, or holds title in a subject invention to grant irrevocable, perpetual, nonexclusive licenses to the invention and associated rights to any party requesting such a license pursuant to this Act. Provides that licenses shall be issued for: (1) supplying medical products to countries with low-income or lower-middle income economies; or (2) conducting neglected research anywhere, royalty-free. Provides that such licenses shall be part of the institution's title in a subject invention. Makes a license under this Act irrevocable and perpetual so long as the licensee submits to the licensor payment of a fair royalty on sales of any medical product within 90 days.
Deems a party as automatically receiving the license requested upon submitting the required information to the Food and Drug Administration (FDA). Sets forth procedures for objections to the grant of a requested license.
Requires the holder of title or any license in a subject invention to notify the FDA of any grant or license of rights in that invention.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Ballistic Missile Prevention
and Sanctions Act of 2016''.
SEC. 2. SANCTIONS ON PERSONS THAT TRANSFER TO OR FROM IRAN ADVANCED
CONVENTIONAL WEAPONS OR BALLISTIC MISSILES, OR
TECHNOLOGY, PARTS, COMPONENTS, OR TECHNICAL INFORMATION
RELATED TO ADVANCED CONVENTIONAL WEAPONS OR BALLISTIC
MISSILES.
(a) In General.--The President shall impose 5 or more of the
sanctions described in subsection (b)(1) with respect to a person if
the President determines that the person knowingly, on or after the
date of enactment of this Act, transfers to or from Iran advanced
conventional weapons or ballistic missiles, or technology, parts,
components, or technical information related to advanced conventional
weapons or ballistic missiles. For purposes of this section, any person
or entity described in this subsection shall be referred to as a
``sanctioned person''.
(b) Sanctions.--
(1) In general.--The sanctions to be imposed on a
sanctioned person under subsection (a) are as follows:
(A) Export-import bank assistance for exports to
sanctioned persons.--The President may direct the
Export-Import Bank of the United States not to give
approval to the issuance of any guarantee, insurance,
extension of credit, or participation in the extension
of credit in connection with the export of any goods or
services to any sanctioned person.
(B) Export sanction.--The President may order the
United States Government not to issue any specific
license and not to grant any other specific permission
or authority to export any goods or technology to a
sanctioned person under--
(i) the Export Administration Act of 1979
(as continued in effect under the International
Emergency Economic Powers Act);
(ii) the Arms Export Control Act;
(iii) the Atomic Energy Act of 1954; or
(iv) any other statute that requires the
prior review and approval of the United States
Government as a condition for the export or
reexport of goods or services.
(C) Loans from united states financial
institutions.--The United States Government may
prohibit any United States financial institution from
making loans or providing credits to any sanctioned
person totaling more than $10,000,000 in any 12-month
period unless such person is engaged in activities to
relieve human suffering and the loans or credits are
provided for such activities.
(D) Prohibitions on financial institutions.--The
following prohibitions may be imposed against a
sanctioned person that is a financial institution:
(i) Prohibition on designation as primary
dealer.--Neither the Board of Governors of the
Federal Reserve System nor the Federal Reserve
Bank of New York may designate, or permit the
continuation of any prior designation of, such
financial institution as a primary dealer in
United States Government debt instruments.
(ii) Prohibition on service as a repository
of government funds.--Such financial
institution may not serve as agent of the
United States Government or serve as repository
for United States Government funds.
The imposition of either sanction under clause (i) or
(ii) shall be treated as 1 sanction for purposes of
subsection (a), and the imposition of both such
sanctions shall be treated as 2 sanctions for purposes
of subsection (a).
(E) Procurement sanction.--The United States
Government may not procure, or enter into any contract
for the procurement of, any goods or services from a
sanctioned person.
(F) Foreign exchange.--The President may, pursuant
to such regulations as the President may prescribe,
prohibit any transactions in foreign exchange that are
subject to the jurisdiction of the United States and in
which the sanctioned person has any interest.
(G) Banking transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any transfers of credit or payments
between financial institutions or by, through, or to
any financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
sanctioned person.
(H) Property transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any person from--
(i) acquiring, holding, withholding, using,
transferring, withdrawing, transporting,
importing, or exporting any property that is
subject to the jurisdiction of the United
States and with respect to which the sanctioned
person has any interest;
(ii) dealing in or exercising any right,
power, or privilege with respect to such
property; or
(iii) conducting any transaction involving
such property.
(I) Ban on investment in equity or debt of
sanctioned person.--The President may, pursuant to such
regulations or guidelines as the President may
prescribe, prohibit any United States person from
investing in or purchasing significant amounts of
equity or debt instruments of a sanctioned person.
(J) Exclusion of corporate officers.--The President
may direct the Secretary of State to deny a visa to,
and the Secretary of Homeland Security to exclude from
the United States, any alien that the President
determines is a corporate officer or principal of, or a
shareholder with a controlling interest in, a
sanctioned person.
(K) Sanctions on principal executive officers.--The
President may impose on the principal executive officer
or officers of any sanctioned person, or on persons
performing similar functions and with similar
authorities as such officer or officers, any of the
sanctions under this paragraph.
(2) Inclusion of list of specially designated nationals and
blocked persons.--The President shall, pursuant to Executive
Order 12938 and 13382, include a person who is a sanctioned
person under subsection (a) on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury.
(c) Waiver.--The President may waive the application of sanctions
under this section, on a case by case basis, if the President
determines it is in the national security interests of the United
States to do so and, not less than 15 days in advance of the issuance
of such waiver, submits to Congress justification of the waiver in
writing
(d) Definitions.--In this section, the terms ``financial
institution'', ``Iran'', ``knowingly'', ``person'', and ``United States
person'' have the meanings given such terms in section 14 of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. note).
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Iran Ballistic Missile Prevention and Sanctions Act of 2016 This bill directs the President to impose five or more sanctions with respect to a person (or an entity) that knowingly transfers to or from Iran advanced conventional weapons or ballistic missiles, or technology, parts, components, or technical information related to advanced conventional weapons or ballistic missiles. Sanctions may include: prohibitions on Export-Import Bank assistance, prohibitions on loans from U.S. financial institutions and other financial services, prohibitions on foreign exchange and other banking transactions, prohibitions on property transactions, prohibitions on exports and federal procurement, prohibitions on equity and debt investment, U.S. exclusion of corporate officers, and imposition of sanctions on principal executive officers. The President shall include a sanctioned person on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control. The President may, with prior congressional notice, waive the application of sanctions on a case-by-case basis if in the U.S. national security interests.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dr. Martin Luther King, Jr.,
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Dr. Martin Luther King, Jr. dedicated his life to
securing the Nation's fundamental principles of liberty and
justice for all its citizens;
(2) Dr. Martin Luther King, Jr. was the leading civil
rights advocate of his time, spearheading the civil rights
movement in the United States during the 1950's and 1960's;
(3) Dr. Martin Luther King, Jr. was the keynote speaker at
the August 28, 1963, March on Washington, the largest rally of
the civil rights movement, during which, from the steps of the
Lincoln Memorial and before a crowd of more than 200,000
people, he delivered his famous ``I Have A Dream'' speech, one
of the classic orations in American history;
(4) Dr. Martin Luther King, Jr. was a champion of
nonviolence, fervently advocated nonviolent resistance as the
strategy to end segregation and racial discrimination in
America, and was awarded the 1964 Nobel Peace Prize in
recognition of his efforts;
(5) all Americans should commemorate the legacy of Dr.
Martin Luther King, Jr. so ``that one day this Nation will rise
up and live out the true meaning of its creed: `We hold these
truths to be self-evident; that all men are created equal.''';
and
(6) efforts are underway to secure the personal papers of
Dr. Martin Luther King, Jr., for the Library of Congress so
that they may be preserved and studied for generations to come.
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 500,000 $1 coins, 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.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
from all available sources, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the human rights legacy and
leadership of Dr. Martin Luther King, Jr.
(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 ``2003''; 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
Librarian of Congress, the Commission of Fine Arts, and the
estate of Dr. Martin Luther King, Jr.; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2003.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (c) 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) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
SEC. 8. DISTRIBUTION OF SURCHARGES.
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 promptly paid by the Secretary to the Library
of Congress for the purposes of purchasing and maintaining historical
documents and other materials associated with the life and legacy of
Dr. Martin Luther King, Jr.
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Mandates that the proceeds from sales surcharges be paid promptly to the Library of Congress to purchase and maintain historical documents and other materials associated with the life and legacy of Dr. King.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Pharmaceuticals for Children
Act''.
SEC. 2. PEDIATRIC STUDIES MARKETING EXCLUSIVITY.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
501 et seq.) is amended by inserting after section 505 the following
new section:
``pediatric studies for new drug applications
``Sec. 505A. (a) If an application submitted under section
505(b)(1) is approved on or after the date of enactment of this
section, and such application includes reports of pediatric studies
described and requested in subsection (c), and such studies are
completed and the reports thereof submitted in accordance with
subsection (c)(2) or completed and the reports thereof accepted in
accordance with subsection (c)(3), the Secretary may not make the
approval of an application submitted under section 505(b)(2) or section
505(j) which refers to the drug for which the section 505(b)(1)
approval is granted effective prior to the expiration of 6 months from
the earliest date on which the approval of such application for the
drug under section 505(b)(2) or section 505(j), respectively, could
otherwise be made effective under the applicable provisions of this
chapter.
``(b) If the Secretary makes a written request for pediatric
studies described in subsection (c) to the holder of an approval under
section 505(b)(1) for a drug, and such studies are completed and the
reports thereof submitted in accordance with subsection (c)(2) or
completed and the reports thereof accepted in accordance with
subsection (c)(3), the Secretary may not make the approval of an
application submitted under section 505(b)(2) or section 505(j) which
refers to the drug subject to the section 505(b)(1) approval effective
prior to the expiration of 6 months from the earliest date on which an
approval of such application under section 505(b)(2) or section 505(j),
respectively, could otherwise be made effective under the applicable
provisions of this chapter. Nothing in this subsection shall affect the
ability of the Secretary to make effective a section 505(b)(2) or
section 505(j) approval for a subject drug if such approval is proper
under such subsection and is made effective prior to the submission of
the reports of pediatric studies described in subsection (c).
``(c)(1) The Secretary may, pursuant to a written request for
studies after consultation with the sponsor of an application or holder
of an approval for a drug under section 505(b)(1), agree with the
sponsor or holder for the conduct of pediatric studies for such drug.
``(2) If the sponsor or holder and the Secretary agree upon written
protocols for such studies, the studies requirement of subsection (a)
or (b) is satisfied upon the completion of the studies in accordance
with the protocols and the submission of the reports thereof to the
Secretary. Within 60 days after the submission of the report of the
studies, the Secretary shall determine if such studies were or were not
conducted in accordance with the written protocols and reported in
accordance with the Secretary's requirements for filing and so notify
the sponsor or holder.
``(3) If the sponsor or holder and the Secretary have not agreed in
writing on the protocols for the studies, the studies requirement of
subsection (a) or (b) is satisfied when such studies have been
completed and the reports accepted by the Secretary. Within 90 days
after the submission of the reports of the studies, the Secretary shall
accept or reject such reports and so notify the sponsor or holder. The
Secretary's only responsibility in accepting or rejecting the reports
shall be to determine, within 90 days, that the studies fairly respond
to the written request, that such studies have been conducted in
accordance with commonly accepted scientific principles and protocols,
and that such studies have been reported in accordance with the
Secretary's requirements for filing.
``(4) As used in this section, `pediatric studies' or `studies'
means at least 1 human clinical investigation in a population of
adolescent age or younger. At the Secretary's discretion,
pharmacokinetic studies may be considered as clinical investigations.
``(d) If the Secretary determines that an approval of an
application under section 505(b)(2) or section 505(j) for a drug may be
made effective after submission of reports of pediatric studies under
this section but before the Secretary has determined whether the
requirements of subsection (c) have been satisfied, the Secretary may
delay the effective date of any approval under section 505(b)(2) or
section 505(j), respectively, until the determination under subsection
(c) is made, but such delay shall not exceed 90 days. In the event that
the requirements of this section are satisfied, the 6-month period
referred to in subsection (a) or (b) shall be deemed to have begun on
the date an approval of an application under section 505(b)(2) or
section 505(j), respectively, would have been permitted absent action
under this subsection.
``(e) The Secretary shall publish notice of any determination that
the requirements of subsection (c)(2) or (c)(3) have been met and that
approvals for the drug will be subject to deferred effective dates
under this section.''.
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Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to prescribe guidelines under which the Secretary of Health and Human Services shall defer for a six-month period the effective date for approved drug applications pending the conduct of clinical trials in the pediatric population.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Children's Safety
Act''.
SEC. 2. CHARACTER INVESTIGATIONS.
Section 408 of the Indian Child Protection and Family Violence
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the
following:
``(d) By Tribal Social Services Agency for Foster Care Placements
in Tribal Court Proceedings.--
``(1) Definitions.--In this subsection:
``(A) Covered individual.--The term `covered
individual' includes--
``(i) any individual 18 years of age or
older; and
``(ii) any individual who an Indian tribe
described in paragraph (2)(A) determines is
subject to a character investigation under that
paragraph.
``(B) Foster care placement.--The term `foster care
placement' means any action removing an Indian child
from a parent or Indian custodian for temporary
placement in a foster home or institution or the home
of a guardian or conservator if--
``(i) the parent or Indian custodian cannot
have the child returned on demand; and
``(ii) parental rights have not been
terminated.
``(C) Indian custodian.--The term `Indian
custodian' means any Indian--
``(i) who has legal custody of an Indian
child under tribal law or custom or under State
law; or
``(ii) to whom temporary physical care,
custody, and control has been transferred by
the parent of the child.
``(D) Parent.--The term `parent' means--
``(i) any biological parent of an Indian
child; or
``(ii) any Indian who has lawfully adopted
an Indian child, including adoptions under
tribal law or custom.
``(E) Tribal court.--The term `tribal court' means
a court--
``(i) with jurisdiction over foster care
placements; and
``(ii) that is--
``(I) a Court of Indian Offenses;
``(II) a court established and
operated under the code or custom of an
Indian tribe; or
``(III) any other administrative
body of a tribe that is vested with
authority over foster care placements.
``(F) Tribal social services agency.--The term
`tribal social services agency' means the agency of the
Federal Government or of an Indian tribe described in
paragraph (2)(A) that has the primary responsibility
for carrying out foster care services (as of the date
on which the proceeding described in paragraph (2)(A)
commences) on the Indian reservation of the Indian
tribe.
``(2) Character investigations before placement.--
``(A) In general.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding over which an Indian tribe has exclusive
jurisdiction until the tribal social services agency--
``(i) completes an investigation of the
character of each covered individual who
resides in the household or is employed at the
institution in which the foster care placement
will be made; and
``(ii) concludes that each covered
individual described in clause (i) meets such
standards of character as the Indian tribe
shall establish in accordance with subparagraph
(B).
``(B) Standards of character.--The standards of
character described in subparagraph (A)(ii) shall
include--
``(i) requirements that each tribal social
services agency described in subparagraph (A)--
``(I) perform criminal records
checks, including fingerprint-based
checks of national crime information
databases (as defined in section
534(f)(3) of title 28, United States
Code); and
``(II) check any child abuse and
neglect registry maintained by the
State in which the covered individual
resides for information on the covered
individual, and request any other State
in which the covered individual resided
in the preceding 5 years, to enable the
tribal social services agency to check
any child abuse and neglect registry
maintained by that State for such
information; and
``(ii) any other additional requirement
that the Indian tribe determines is necessary.
``(C) Results.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding described in subparagraph (A) if an
investigation described in clause (i) of that
subparagraph reveals that a covered individual
described in that clause--
``(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
``(ii) is listed on a registry described in
subparagraph (B)(i)(II).
``(D) Deadline.--Except as provided in paragraph
(3), the tribal social services agency shall satisfy
the requirements of clauses (i) and (ii) of
subparagraph (A) not later than 14 days after the date
on which the proceeding described in subparagraph (A)
commences.
``(3) Emergency placement.--Paragraph (2) shall not apply
to an emergency foster care placement, as determined by an
Indian tribe described in paragraph (2)(A).
``(4) Recertification of foster homes or institutions.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, each Indian
tribe shall establish procedures to recertify homes or
institutions in which foster care placements are made.
``(B) Contents.--The procedures described in
subparagraph (A) shall include, at a minimum, periodic
intervals at which the home or institution shall be
subject to recertification to ensure--
``(i) the safety of the home or institution
for the Indian child; and
``(ii) that each covered individual who
resides in the home or is employed at the
institution is subject to a character
investigation in accordance with this
subsection, including any covered individual
who--
``(I) resides in the home or is
employed at the institution on the date
on which the procedures established
under subparagraph (A) commences; and
``(II) did not reside in the home
or was not employed at the institution
on the date on which the investigation
described in paragraph (2)(A)(i) was
completed.
``(C) Regulations promulgated or guidance issued by
the secretary.--The procedures established under
subparagraph (A) shall be subject to any regulation
promulgated or guidance issued by the Secretary that is
in accordance with the purpose of this subsection.
``(5) Regulations.--Not later than 180 days after the date
of enactment of this subsection and after consultation with
Indian tribes, the Secretary shall promulgate a regulation
regarding--
``(A) procedures for a character investigation of
any covered individual who--
``(i) resides in the home or is employed at
the institution in which the foster care
placement is made after the date on which the
investigation described in paragraph (2)(A)(i)
is completed; and
``(ii) was not the subject of an
investigation described in paragraph (2)(A)(i)
before the foster care placement was made;
``(B) self-reporting requirements for foster care
homes or institutions in which any covered individual
described in subparagraph (A) resides if the head of
the household or the operator of the institution has
knowledge that the covered individual--
``(i) has been found by a Federal, State,
or tribal court to have committed any crime
listed in clause (i) or (ii) of section
471(a)(20)(A) of the Social Security Act (42
U.S.C. 671(a)(20)(A)); or
``(ii) is listed on a registry described in
paragraph (2)(B)(i)(II);
``(C) procedures and guidelines for emergency
foster care placements under paragraph (3); and
``(D) procedures for certifying compliance with
this Act.''.
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Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit any foster care placement over which an Indian tribe has exclusive jurisdiction from being ordered until the tribal social services agency: (1) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards of character the tribe is required to establish. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to such character investigation. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual: (1) has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs; or (2) is listed on a child abuse and neglect registry in the state where the individual resides or resided within the preceding five years. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Secretary of the Interior to promulgate a regulation establishing: (1) procedures for investigating the character of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the character investigation, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Justice Enforcement
Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) This Act is made necessary by a decision of the Supreme
Court in Alexander v. Sandoval, 532 U.S. 275 (2001) that
significantly impairs statutory protections against
discrimination that Congress has erected over a period of
almost 4 decades. The Sandoval decision undermines these
statutory protections by stripping victims of discrimination
(defined under regulations that Congress required Federal
departments and agencies to promulgate to implement title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)) of the
right to bring action in Federal court to redress the
discrimination and by casting doubt on the validity of the
regulations themselves.
(2) The Sandoval decision attacks settled expectations
created by title VI of the Civil Rights Act of 1964. In 1964
Congress adopted title VI of the Civil Rights Act of 1964 to
ensure that Federal dollars would not be used to subsidize or
support programs or activities that discriminated on racial,
color, or national origin grounds.
(3) From the outset, Congress and the executive branch made
clear that the regulatory process would be used to ensure broad
protections for beneficiaries of the law. The first regulations
promulgated by the Department of Justice under title VI of the
Civil Rights Act of 1964 forbade the use of ``criteria or
methods of administration which have the effect of subjecting
individuals to discrimination . . .'' (section 80.3 of title
45, Code of Federal Regulations) and prohibited retaliation
against persons participating in litigation or administrative
resolution of charges of discrimination brought under the Act.
These regulations were drafted by the same executive branch
officials who played a central role in drafting title VI of the
Civil Rights Act of 1964.
(4) These regulations have never been invalidated. In 1966,
Congress considered and rejected a proposal to invalidate the
disparate impact regulations promulgated pursuant to title VI
of the Civil Rights Act of 1964. The Supreme Court has
recognized that Congress's failure to disapprove regulations
implies that the regulations accurately reflect congressional
intent. North Haven Bd. of Educ. v. Bell, 456 U.S. 512, 533-34
(1982).
(5) Title VI of the Civil Rights Act of 1964 was designed
to confer a benefit on persons who were discriminated against.
Title VI of such Act relied heavily on private attorneys
general for effective enforcement. Congress acknowledged that
it could not secure compliance solely through enforcement
actions initiated by the Attorney General. Newman v. Piggie
Park Enterprises, 390 U.S. 400 (1968) (per curiam).
(6) The Supreme Court has made it clear that individuals
suffering discrimination in violation of title VI of the Civil
Rights Act of 1964 have a private right of action in the
Federal courts, and that this is necessary for effective
protection of the law, although Congress did not make such a
right of action explicit in the statute. Cannon v. University
of Chicago, 441 U.S. 677 (1979).
(7) Notwithstanding the decision of the Supreme Court in
Cort v. Ash, 422 U.S. 66 (1975) to abandon prior precedent and
require explicit statutory statements of a right of action,
Congress and the Courts both before and after Cort have
recognized an implied right of action under title VI of the
Civil Rights Act of 1964. For example, Congress has
consistently provided the means for enforcing the statutes. In
1972, Congress established a right to attorney's fees in
private actions brought under title VI of the Civil Rights Act
of 1964.
(8) The Supreme Court had no basis in law or in legislative
history in Sandoval for denying a right of action under
regulations promulgated pursuant to title VI of the Civil
Rights Act of 1964 while permitting it under the statute. The
regulations were congressionally mandated and their
promulgation was specifically directed by Congress under
section 602 of that Act (42 U.S.C. 2000d-1) ``to effectuate''
the antidiscrimination provisions of the statute. Title VI of
the Civil Rights Act of 1964 stressed the importance of the
regulations by requiring them to be ``approved by the
President''.
(9) Regulations that prohibit practices that have the
effect of discrimination are consistent with prohibitions of
disparate treatment that require a showing of intent, as the
Supreme Court has acknowledged in the following decisions:
(A) A disparate impact standard allows a court to
reach discrimination that could actually exist under
the guise of compliance with the law. Griggs v. Duke
Power Co., 401 U.S. 424 (1971).
(B) Evidence of a disproportionate burden will
often be the starting point in any analysis of unlawful
discrimination. Village of Arlington Heights v.
Metropolitan Hous. Dev. Corp., 429 U.S. 252 (1977).
(C) An invidious purpose may often be inferred from
the totality of the relevant facts, including, where
true, that the practice bears more heavily on one race
than another. Washington v. Davis, 426 U.S. 229 (1976).
(D) The disparate impact method of proof is
critical to ferreting out stereotypes underlying
intentional discrimination. Watson v. Fort Worth Bank &
Trust, 487 U.S. 977 (1988).
(10) The interpretation of title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.) as prohibiting practices that
have disparate impact and that are not justified as necessary
to achieve the goals of the programs or activities supported by
the Federal financial assistance is powerfully reinforced by
the use of such a standard in enforcing title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et seq.). When the Supreme
Court wavered on the application of a disparate impact standard
under title VII, Congress specifically reinstated it as law in
the Civil Rights Act of 1991 (Public Law 102-166; 105 Stat.
1071).
(11) By reinstating a private right of action under title
VI of the Civil Rights Act of 1964, Congress is not acting in a
manner that would expose entities subject to that title to
unfair findings of discrimination. The legal standard for a
disparate impact claim has never been structured so that a
finding of discrimination could be based on numerical imbalance
alone.
(12) In contrast, a failure to reinstate or confirm a
private right of action would leave vindication of the rights
to equality of opportunity solely to Federal agencies, which
may fail to take necessary and appropriate action because of
administrative overburden or other reasons. Action by Congress
to specify a private right of action is necessary to ensure
that persons will have a remedy if they are denied equal access
to education, housing, health, environmental protection,
transportation, and many other programs and services by
practices of entities subject to title VI of the Civil Rights
Act of 1964 that result in discrimination.
(13) As a result of the Supreme Court's decision in
Sandoval, courts have dismissed numerous claims brought under
the regulations promulgated pursuant to title VI of the Civil
Rights Act of 1964 that challenged actions with an unjustified
discriminatory effect.
(14) The right to maintain a private right of action under
a provision added under this Act to title VI of the Civil
Rights Act of 1964 will be effectuated by a waiver of sovereign
immunity in the same manner as sovereign immunity is waived
under the remaining provisions of that title.
SEC. 3. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from participation
and denial of benefits) based on disparate impact is established under
this title only if--
``(i) a person aggrieved by discrimination on the basis of
race, color, or national origin (referred to in this title as
an `aggrieved person') demonstrates that an entity subject to
this title (referred to in this title as a `covered entity')
has a policy or practice that causes a disparate impact on the
basis of race, color, or national origin and the covered entity
fails to demonstrate that the challenged policy or practice is
related to and necessary to achieve the nondiscriminatory goals
of the program or activity alleged to have been operated in a
discriminatory manner; or
``(ii) the aggrieved person demonstrates (consistent with
the demonstration required under title VII with respect to an
`alternative employment practice') that a less discriminatory
alternative policy or practice exists, and the covered entity
refuses to adopt such alternative policy or practice.
``(B)(i) With respect to demonstrating that a particular policy or
practice causes a disparate impact as described in subparagraph (A)(i),
the aggrieved person shall demonstrate that each particular challenged
policy or practice causes a disparate impact, except that if the
aggrieved person demonstrates to the court that the elements of a
covered entity's decisionmaking process are not capable of separation
for analysis, the decisionmaking process may be analyzed as one policy
or practice.
``(ii) If the covered entity demonstrates that a specific policy or
practice does not cause the disparate impact, the covered entity shall
not be required to demonstrate that such policy or practice is
necessary to achieve the goals of its program or activity.
``(2) A demonstration that a policy or practice is necessary to
achieve the goals of a program or activity may not be used as a defense
against a claim of intentional discrimination under this title.
``(3) In this subsection, the term `demonstrates' means meets the
burdens of production and persuasion.
``(c) No person in the United States shall be subjected to
discrimination, including retaliation, because such person opposed any
policy or practice prohibited by this title, or because such person
made a charge, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this title.''.
SEC. 4. RIGHTS OF ACTION.
Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is
amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure of a covered entity to
comply with this title, including any regulation promulgated pursuant
to this title, may bring a civil action in any Federal or State court
of competent jurisdiction to enforce such person's rights.''.
SEC. 5. RIGHT OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by inserting after section 602 the following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional Discrimination.--In an
action brought by an aggrieved person under this title against a
covered entity who has engaged in unlawful intentional discrimination
(not a practice that is unlawful because of its disparate impact)
prohibited under this title (including its implementing regulations),
the aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), attorney's fees (including expert
fees), and costs, except that punitive damages are not available
against a government, government agency, or political subdivision.
``(b) Claims Based on the Disparate Impact Standard of Proof.--In
an action brought by an aggrieved person under this title against a
covered entity who has engaged in unlawful discrimination based on
disparate impact prohibited under this title (including its
implementing regulations), the aggrieved person may recover equitable
relief, attorney's fees (including expert fees), and costs.''.
SEC. 6. EFFECTIVE DATE.
(a) In General.--This Act, and the amendments made by this Act, are
retroactive to April 24, 2001, and effective as of that date.
(b) Application.--This Act, and the amendments made by this Act,
apply to all actions or proceedings pending on or after April 24, 2001,
except as to an action against a State on a claim brought under the
disparate impact standard, as to which the effective date is the date
of enactment of this Act.
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Environmental Justice Enforcement Act of 2006 - Amends the Civil Rights Act of 1964 to declare that discrimination based on disparate impact under federally assisted programs (including exclusion from participation and denial of benefits) is established only if a person aggrieved by discrimination on the basis of race, color, or national origin demonstrates that: (1) a covered entity has a policy or practice causing a disparate impact on that basis and fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or (2) a less discriminatory alternative policy or practice exists, but the covered entity refuses to adopt it.
Authorizes an aggrieved person to: (1) bring a civil action in federal or state court to enforce such person's rights; and (2) recover equitable relief, attorney's fees, and costs.
Makes the effective date of this Act retroactive to April 24, 2001.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Procurement
Improvement Act of 2012''.
SEC. 2. INCREASING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD
CONTRACTS.
(a) In General.--Section 15(r) of the Small Business Act (15 U.S.C.
644(r)) is amended--
(1) by striking ``may, at their discretion'' and inserting
the following: ``shall, to the maximum extent practicable,
include small business concerns in multiple award contracts, as
defined in section 3(v) of this Act, including'';
(2) in paragraph (1), by striking ``set'' and inserting
``setting'';
(3) in paragraph (2)--
(A) by striking ``set'' and inserting ``setting'';
and
(B) by striking ``and'' at the end;
(4) in paragraph (3)--
(A) by striking ``reserve'' and inserting
``reserving''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by inserting after paragraph (3) the following:
``(4) making full use of the set-aside programs established
in sections 8(a), 8(m), 31, and 36 of this Act and any other
program under this Act that provides for set-asides of
contracts for small businesses.''.
(b) Agency Outreach.--Section 15 of the Small Business Act (15
U.S.C. 644) is amended by adding at the end the following:
``(s) Agency Outreach Program.--The Administrator, in consultation
with the Administrator of the Office of Federal Procurement Policy and
any agency that obtains 5 percent of procurement requirements through a
multiple award contract, shall carry out a program to increase the
participation of small business concerns in multiple award contracts,
as defined in section 3(v) of this Act. Such program shall--
``(1) increase awareness among small business concerns
regarding multiple award contracts;
``(2) provide small business concerns with education and
training on Federal agency procedures for the bid and award of
multiple award contracting procedures;
``(3) assist small business concerns with becoming listed
on multiple award contracts, including the Federal Supply
Schedules of the General Services Administration; and
``(4) develop measures to track small business
participation in multiple award contracts, including awards
pursuant to those contracts.''.
SEC. 3. DEFINITIONS.
Section 3 of the Small Business Act (15 U.S.C. 632) is amended--
(1) in subsection (v)--
(A) in paragraph (1), by striking ``and'' at the
end; and
(B) by redesignating paragraph (2) as paragraph
(5), and inserting after paragraph (1) the following:
``(2) a contract under the Federal Supply Schedule program
of the General Services Administration;
``(3) a multi-agency contract which is a contract, or a
task order or delivery order awarded pursuant to such a
contract, established by one agency for use by Government
agencies to obtain supplies, services, or both, in accordance
with section 1535 of title 31, United States Code;
``(4) a Government-wide acquisition contract which is a
contract, task order contract, or delivery order contract for
information technology established by one agency for
Government-wide use pursuant to section 11302(e) of title 40,
United States Code; and''; and
(2) by adding at the end the following:
``(dd) Blanket Purchase Agreement.--In this Act, the term `blanket
purchase agreement' has the meaning given such term in sections 13.303-
01 and 13.303-2 of title 48, Code of Federal Regulations (as in effect
on October 1, 2011).
``(ee) Basic Ordering Agreement.--In this Act, the term `basic
ordering agreement' has the meaning given such term in section 16.703
of title 48, Code of Federal Regulations (as in effect on October 1,
2011).''.
SEC. 4. ENSURING SMALL BUSINESS PARTICIPATION IN MULTIPLE AWARD
CONTRACTS, MULTI-AGENCY CONTRACTS, AND GOVERNMENT-WIDE
ACQUISITION CONTRACTS.
Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is
amended--
(1) by striking ``(g)(1) The President shall'' and
inserting ``(g)(1)(A) The President shall''; and
(2) by inserting after paragraph (1) the following:
``(B) The President shall annually establish
Government-wide goals for the total dollar value of all
task orders and delivery orders placed against multiple
award contracts, blanket purchase agreements, and basic
ordering agreements awarded to small business concerns,
small business concerns owned and controlled by service
disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled
by socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women.''.
SEC. 5. IMPROVEMENTS TO THE SMALL BUSINESS RESERVE.
Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is
amended--
(1) by striking ``$100,000'' each place it appears and
inserting ``$200,000''; and
(2) by adding at the end the following:
``(4) Multiple award contract applicability.--
``(A) This subsection applies to all task or
delivery orders placed against multiple award
contracts, including any contract under the Federal
Supply Schedule program of the General Services
Administration.
``(B) The Administrator, in consultation with the
Administrator of General Services Administration, shall
within 120 days of the date of enactment of this Act,
issue regulations regarding--
``(i) how the Administrator of the General
Services Administration will ensure that the
correct size standard is applied to each task
order;
``(ii) how the Administrator of the General
Services Administration will ensure that the
non-manufacturer rule and limitation on
subcontracting provisions are implemented at
the task order level; and
``(iii) how the Administrator of the
General Services Administration will ensure
that its electronic ordering systems display
the correct size information for small business
concerns seeking the set aside of a task
order.''.
SEC. 6. SMALL BUSINESS REPRESENTATION ON THE FEDERAL ACQUISITION
REGULATORY COUNCIL.
(a) In General.--Section 1302(b)(1) of title 41, United States
Code, is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) the Administrator of the Small Business
Administration.''.
(b) Deciding Vote.--Section 1302 of such title is further amended
by adding at the end the following:
``(c) Deciding Vote.--In the case of an equal vote among council
membership, the Administrator of the Office of Federal Procurement
Policy will have the deciding vote.''.
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Small Business Procurement Improvement Act of 2012 - Amends the Small Business Act to require (under current law, permit) federal agencies involved in procurement, to the maximum extent practicable, to include small businesses in multiple award contracts. Requires such agencies to make full use of the contract set-aside programs of the Small Business Administration (SBA).
Directs the SBA Administrator, in consultation with the Administrator of the Office of Federal Procurement Policy (OFPP) and any agency that obtains 5% of its procurement requirements through a multiple award contract, to carry out a program to increase small business participation in such contracts.
Requires the President to annually establish government-wide goals for the total value of all task and delivery orders placed against multiple award contracts, blanket purchase agreements, and basic ordering agreements awarded to small businesses, small businesses owned and controlled by service-disabled veterans, qualified HUBZone small businesses, small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned and controlled by women.
Requires each federal contract for the purchase of goods and services with an anticipated value greater than $2,500 but not greater than $200,000 (under current law, $100,000) to be reserved exclusively for small businesses (with an exception). Directs the Administrator to issue regulations concerning General Services Administration (GSA) oversight of task or delivery orders placed against multiple award contracts.
Requires: (1) inclusion of the Administrator on the Federal Acquisition Regulatory Council, and (2) the OFPP Administrator to have the deciding vote in case of a tie vote among Council membership.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2017''.
SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND
CONTROL ACT OF 1998.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Harmful Algal Bloom and
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001 et seq.).
SEC. 3. INTER-AGENCY TASK FORCE.
Section 603(a) (33 U.S.C. 4001(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the Army Corps of Engineers; and''.
SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL BLOOMS.
Section 603 (33 U.S.C. 4001) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (g), (h), (i), and (j) as
subsections (f), (g), (h), and (i), respectively; and
(3) by amending subsection (g) to read as follows:
``(g) Scientific Assessments of Marine and Freshwater Harmful Algal
Blooms.--Not less than once every 5 years the Task Force shall complete
and submit to Congress a scientific assessment of harmful algal blooms
in United States coastal waters and freshwater systems. Each assessment
shall examine both marine and freshwater harmful algal blooms,
including those in the Great Lakes and upper reaches of estuaries,
those in freshwater lakes and rivers, and those that originate in
freshwater lakes or rivers and migrate to coastal waters.''.
SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
(a) Program Duties.--Section 603A(e) (33 U.S.C. 4002(e)) is
amended--
(1) in paragraph (1), by inserting ``, including to local
and regional stakeholders through the establishment and
maintenance of a publicly accessible Internet website that
provides information as to Program activities completed under
this section'' after ``Program'';
(2) in paragraph (3)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by inserting ``and'' after
the semicolon at the end; and
(C) by adding at the end the following:
``(D) to accelerate the utilization of effective
methods of intervention and mitigation to reduce the
frequency, severity, and impacts of harmful algal bloom
and hypoxia events;'';
(3) in paragraph (4), by striking ``and work cooperatively
with'' and inserting ``, and work cooperatively to provide
technical assistance to,''; and
(4) in paragraph (7)--
(A) by inserting ``and extension'' after ``existing
education''; and
(B) by inserting ``intervention,'' after
``awareness of the causes, impacts,''.
(b) National Oceanic and Atmospheric Administration Activities.--
Section 603A(f) (33 U.S.C. 4002(f)) is amended--
(1) in paragraph (3), by inserting ``, which shall include
unmanned systems,'' after ``infrastructure'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6)(C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(7) use cost effective methods in carrying out this Act;
and
``(8) develop contingency plans for the long-term
monitoring of hypoxia.''.
SEC. 6. CONSULTATION REQUIRED.
Section 102 of the Harmful Algal Bloom and Hypoxia Amendments Act
of 2004 (33 U.S.C. 4001a) is amended by striking ``the amendments made
by this title'' and inserting ``the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998''.
SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL SIGNIFICANCE.
(a) Relief.--
(1) In general.--Upon a determination under subsection (b)
that there is an event of national significance, the
appropriate Federal official is authorized to make sums
available to the affected State or local government for the
purposes of assessing and mitigating the detrimental
environmental, economic, subsistence use, and public health
effects of the event of national significance.
(2) Federal share.--The Federal share of the cost of any
activity carried out under this subsection for the purposes
described in paragraph (1) may not exceed 50 percent of the
cost of that activity.
(3) Donations.--Notwithstanding any other provision of law,
an appropriate Federal official may accept donations of funds,
services, facilities, materials, or equipment that the
appropriate Federal official considers necessary for the
purposes described in paragraph (1). Any funds donated to an
appropriate Federal official under this paragraph may be
expended without further appropriation and without fiscal year
limitation.
(b) Determinations.--
(1) In general.--At the discretion of an appropriate
Federal official, or at the request of the Governor of an
affected State, an appropriate Federal official shall determine
whether a hypoxia or harmful algal bloom event is an event of
national significance.
(2) Considerations.--In making a determination under
paragraph (1), the appropriate Federal official shall consider
the toxicity of the harmful algal bloom, the severity of the
hypoxia, its potential to spread, the economic impact, the
relative size in relation to the past 5 occurrences of harmful
algal blooms or hypoxia events that occur on a recurrent or
annual basis, and the geographic scope, including the potential
to affect several municipalities, to affect more than 1 State,
or to cross an international boundary.
(c) Definitions.--In this section:
(1) Appropriate federal official.--The term ``appropriate
Federal official'' means--
(A) in the case of a marine or coastal hypoxia or
harmful algal bloom event, the Under Secretary of
Commerce for Oceans and Atmosphere; and
(B) in the case of a freshwater hypoxia or harmful
algal bloom event, the Administrator of the
Environmental Protection Agency.
(2) Event of national significance.--The term ``event of
national significance'' means a hypoxia or harmful algal bloom
event that has had or will likely have a significant
detrimental environmental, economic, subsistence use, or public
health impact on an affected State.
(3) Hypoxia or harmful algal bloom event.--The term
``hypoxia or harmful algal bloom event'' means the occurrence
of hypoxia or a harmful algal bloom as a result of a natural,
anthropogenic, or undetermined cause.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting ``, and
$22,000,000 for each of fiscal years 2019 through 2023'' before the
period at the end.
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Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017 This bill amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to reauthorize for FY2019-FY2023 the national harmful algal bloom and hypoxia program and the action strategy of the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. (Hypoxia is a deficiency of oxygen.) The task force must include a representative from the U.S. Army Corps of Engineers. Each required scientific assessment of harmful algal blooms in coastal waters must examine freshwater harmful algal blooms that originate in freshwater lakes or rivers and migrate to coastal waters. In administering the program, the National Oceanic and Atmospheric Administration (NOAA) must provide: (1) grants for accelerating the utilization of effective methods of intervention and mitigation to reduce the frequency, severity, and impacts of harmful algal bloom and hypoxia events; and (2) technical assistance to regional state, tribal, and local governments with respect to harmful algal blooms and hypoxia events. NOAA must use cost effective methods in carrying out the Act and develop contingency plans for the long-term monitoring of hypoxia. Federal officials may determine whether a harmful algal bloom or hypoxia event is an event of national significance and give funding to the affected state or local government for assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of an event of national significance.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heavy Duty Hybrid Vehicle Research,
Development, and Demonstration Act of 2008''.
SEC. 2. ADVANCED HEAVY DUTY HYBRID VEHICLE TECHNOLOGY RESEARCH,
DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION
PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
research, development, demonstration, and commercial application
program (referred to in this Act as the ``program'') to provide grants
to applicants to carry out projects to advance research and development
and to demonstrate technologies for advanced heavy duty hybrid
vehicles.
(b) Applications.--
(1) In general.--The Secretary shall issue requirements for
applying for grants under the program.
(2) Selection criteria.--The Secretary shall establish
selection criteria for awarding grants under the program. In
evaluating applications, the Secretary shall--
(A) consider the ability of applicants to
successfully complete both phases described in
subsection (c); and
(B) give priority to applicants who are best able
to--
(i) fill existing research gaps and achieve
the greatest advances beyond the state of
current technology; and
(ii) achieve the greatest reduction in fuel
consumption and emissions.
(3) Partners.--An applicant for a grant under this section
may carry out a project in partnership with other entities.
(4) Schedule.--
(A) Application request.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall publish in the Federal Register, and
elsewhere as appropriate, a request for applications to
undertake projects under the program. Applications
shall be due not later than 90 days after the date of
such publication.
(B) Application selection.--Not later than 90 days
after the date on which applications for grants under
the program are due, the Secretary shall select,
through a competitive process, all applicants to be
awarded a grant under the program.
(5) Number of grants.--The Secretary shall determine the
number of grants to be awarded under the program based on the
technical merits of the applications received. The number of
grants awarded under the program shall not be less than 3 or
more than 7, and at least half of the grants awarded shall be
for plug-in hybrid technology.
(6) Award amounts.--The Secretary shall award not more than
$3,000,000 to each recipient per year for each of the 3 years
of the project.
(c) Program Requirements; Two Phases.--Each grant recipient shall
be required to complete two phases:
(1) Phase one.--
(A) In general.--In phase one, the recipient shall
research and demonstrate advanced hybrid technology by
producing or retrofitting one or more advanced heavy
duty hybrid vehicles.
(B) Report.--Not later than 60 days after the
completion of phase one, the recipient shall submit to
the Secretary a report containing data and analysis
of--
(i) the performance of each vehicle in
carrying out the testing procedures developed
by the Secretary under subparagraph (E);
(ii) the performance during such testing of
each vehicle's components, including the
battery, energy management system, charging
system, and power controls;
(iii) the projected cost of each vehicle,
including acquisition, operating, and
maintenance costs; and
(iv) the emissions levels of each vehicle,
including greenhouse gas levels.
(C) Termination.--The Secretary may terminate the
grant program with respect to the project of a
recipient at the conclusion of phase one if the
Secretary determines that the recipient cannot
successfully complete the requirements of phase two.
(D) Timing.--Phase one begins upon receipt of a
grant under the program and has a duration of one year.
(E) Testing procedures.--The Secretary shall
develop standard testing procedures to be used by
recipients in testing each vehicle. Such procedures
shall include testing a vehicle's performance under
typical operating conditions.
(2) Phase two.--
(A) In general.--In phase two, the recipient shall
demonstrate advanced manufacturing processes and
technologies by producing or retrofitting 50 advanced
heavy duty hybrid vehicles.
(B) Report.--Not later than 60 days after the
completion of phase two, the recipient shall submit to
the Secretary a report containing--
(i) an analysis of the technological
challenges encountered by the recipient in the
development of the vehicles;
(ii) an analysis of the technological
challenges involved in mass producing the
vehicles; and
(iii) the manufacturing cost of each
vehicle, the estimated sale price of each
vehicle, and the cost of a comparable non-
hybrid vehicle.
(C) Timing.--Phase two begins at the conclusion of
phase one and has a duration of two years.
(d) Research on Vehicle Usage and Alternative Drive Trains.--The
Secretary shall conduct research into alternative power train designs
for use in advanced heavy duty hybrid vehicles. Such research shall
compare the estimated cost, including operating and maintenance costs,
emissions reductions, and fuel savings of each design with similar non-
hybrid power train designs under the conditions in which these vehicles
are typically used, including, for each vehicle type--
(1) number of miles driven;
(2) time spent with the engine at idle;
(3) horsepower requirements;
(4) length of time the maximum or near maximum power output
of the vehicle is needed; and
(5) any other factors that the Secretary considers
appropriate.
(e) Report to the Congress.--Not later than 60 days after the
Secretary receives the reports from grant recipients under subsection
(c)(2)(B), the Secretary shall submit to the Congress a report
containing--
(1) an identification of the grant recipients and a
description of the projects to be funded;
(2) an identification of all applicants who submitted
applications for the program;
(3) all data contained in reports submitted by grant
recipients under subsection (c);
(4) a description of the vehicles produced or retrofitted
by recipients in phase one and phase two of the project,
including an analysis of the fuel efficiency of such vehicles;
and
(5) the results of the research carried out under
subsections (d) and (h).
(f) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall coordinate, and not duplicate,
activities under this Act with other programs and laboratories of the
Department of Energy and other Federal research programs.
(g) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to the program established pursuant to this
section.
(h) Electrical Grid Research Pilot Program.--The Secretary shall
establish a pilot program through the National Laboratories and
Technology Centers of the Department of Energy to research and test the
effects on the domestic electric power grid of the widespread use of
plug-in hybrid vehicles, including plug-in hybrid vehicles that are
advanced heavy duty hybrid vehicles.
(i) Definitions.--For purposes of this section:
(1) Advanced heavy duty hybrid vehicle.--The term
``advanced heavy duty hybrid vehicle'' means a vehicle with a
gross weight between 14,000 pounds and 33,000 pounds that is
fueled, in part, by a rechargeable energy storage system.
(2) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
(3) Plug-in hybrid.--The term ``plug-in hybrid'' means a
vehicle fueled, in part, by electrical power that can be
recharged by connecting the vehicle to an electric power
source.
(4) Retrofit.--The term ``retrofit'' means the process of
creating an advanced heavy duty hybrid vehicle by converting an
existing, fuel-powered vehicle.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(j) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary $16,000,000 for each of fiscal years 2009 through
2011 to carry out this section.
(2) Of the funds authorized under paragraph (1), not more
than $1,000,000 per fiscal year may be used for--
(A) carrying out the studies required under
subsection (d);
(B) carrying out the pilot program required under
subsection (h); and
(C) the administration of the program.
SEC. 3. EXPANDING RESEARCH IN HYBRID TECHNOLOGY FOR LARGE VEHICLES.
Subsection (g)(1) of the United States Energy Storage
Competitiveness Act of 2007 (enacted as section 641(g)(1) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17231(g)(1))) is
amended by inserting ``vehicles with a gross weight over 16,000
pounds,'' before ``stationary applications''.
Passed the House of Representatives September 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
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Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act of 2008 - Directs the Secretary of Energy to establish a competitive research, development, demonstration, and commercial application program to provide between three and seven grants of up to $3 million per year each to applicants to carry out projects to advance research and development and to demonstrate technologies, including plug-in hybrid technology, for advanced heavy duty hybrid vehicles.
Requires each grant recipient shall be required to complete two phases: (1) phase one, research and demonstration of advanced hybrid technology by producing or retrofitting one or more advanced heavy duty hybrid vehicles; and (2) phase two, demonstration of advanced manufacturing processes and technologies by producing or retrofitting 50 advanced heavy duty hybrid vehicles.
Directs the Secretary to: (1) conduct research into alternative power train designs for use in advanced heavy duty hybrid vehicles; and (2) establish a pilot program through the National Laboratories and Technology Centers of the Department of Energy to research and test the effects on the domestic electric power grid of the widespread use of plug-in hybrid vehicles, including plug-in hybrid vehicles that are advanced heavy duty hybrid vehicles.
Authorizes appropriations for FY2009-FY2011.
Amends the United States Energy Storage Competitiveness Act of 2007 to direct the Secretary to conduct an applied research program on energy storage systems to support vehicles with a gross weight over 16,000 pounds.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Seller-Financed Downpayment
Reform Act of 2009''.
SEC. 2. FHA SELLER-FINANCED DOWNPAYMENT PROGRAM.
Paragraph (9) of section 203(b) of the National Housing Act (12
U.S.C. 1709(b)(9)) is amended--
(1) in subparagraph (C), by striking ``In no case shall the
funds required by subparagraph (A)'' and inserting the
following: ``Except in the case of a mortgage described in
subparagraph (D), the funds required by subparagraph (A) shall
not''; and
(2) by adding at the end the following new subparagraphs:
``(D) Exceptions to prohibited sources.--A mortgage
described in this subparagraph is any of the following
mortgages:
``(i) A mortgage under which the mortgagor
has a credit score equivalent to a FICO score
of 680 or greater.
``(ii) A mortgage under which--
``(I) the mortgagor has a credit
score equivalent to a FICO score of at
least 620 but less than 680; and
``(II) mortgage insurance premiums
charged are established--
``(aa) at levels necessary,
but no higher than needed, to
allow such class of loans to be
insured without resulting in a
need for an appropriation for a
credit subsidy, which may
exceed the maximum amount
permitted under section
203(c)(2)(B);
``(bb) in the case of the
single premium collected at the
time of insurance, in an amount
not exceeding 3.0 percent of
the amount of the original
principal obligation of the
mortgage; and
``(cc) in the case of the
annual premium for a mortgage
under which the mortgagor has a
credit score equivalent to a
FICO score of at least 640 but
less than 680, in an amount not
exceeding 1.25 percent of the
remaining insured principal
balance (excluding the portion
of the remaining balance
attributable to the premium
collected at the time of
insurance and without taking
into account delinquent
payments or prepayments).
``(iii) For mortgages insured in fiscal
year 2010 or thereafter, a mortgage under which
the mortgagor has a credit score equivalent to
a FICO score of 619 or less, but only if the
Secretary certifies that such loans can be
insured without resulting in a need for an
appropriation for a credit subsidy. For such
mortgages, the Secretary may charge premiums at
levels authorized under items (bb) and (cc) of
clause (ii)(II) and may establish a credit or
FICO score limitation or impose such other
requirements as are necessary to meet the
conditions for certification under this clause.
``(E) Requirements for downpayment assistance
entities.--Any entity participating in a program that
provides downpayment assistance for a mortgage
described in subparagraph (D) pursuant to the exception
under subparagraph (C), which programs shall include
programs of governmental agencies and private nonprofit
organizations, shall, before the closing for the loan
involved in the mortgage in connection with which such
assistance is provided--
``(i) offer to make available, to the
mortgagor, counseling regarding the
responsibilities and financial management
involved in homeownership;
``(ii) if such offer is accepted by the
mortgagor, make such counseling available for
the mortgagor; and
``(iii) in the case of any such entity that
is a private nonprofit organization, implement
a conflict of interest policy that prohibits
directors, officers, employees, and immediate
family members from receiving financial
benefits from any entity that is providing the
program with goods or services other than the
homeownership assistance program entity itself
or its wholly owned affiliate.
``(F) Civil money penalties for improperly
influencing appraisals.--The Secretary may impose a
civil money penalty, in the same manner and to the same
extent as for a violation under section 536, for
compensating, instructing, inducing, coercing, or
intimidating any person who conducts an appraisal of
the property to be subject to a mortgage described in
subparagraph (D) and under which any part of the funds
required by subparagraph (A) are provided to a party
described in subparagraph (C), or attempting to
compensate, instruct, induce, coerce, or intimidate
such a person, for the purpose of causing the appraised
value assigned to the property under the appraisal to
be based on any other factor other than the independent
judgment of such person exercised in accordance with
applicable professional standards.''.
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FHA Seller-Financed Downpayment Reform Act of 2009 - Amends the National Housing Act to make exceptions to the prohibition against mortgage insurance for mortgages involving a downpayment using funds furnished by: (1) the seller or any party that benefits financially from the transaction (seller-financed downpayment); or (2) any third party that is reimbursed by the seller or any such party.
Makes eligible for mortgage insurance, in spite of a seller-financed downpayment, any mortagors with credit scores equivalent to a FICO score of: (1) 680 or more; (2) at least 620 but less than 680; or (3) 619 or less. Prescribes conditions for mortgage insurance in the latter two situations.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Carolina Offshore Drilling
Act''.
SEC. 2. OUTER CONTINENTAL SHELF OIL AND GAS LEASING OFF THE COAST OF
SOUTH CAROLINA.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Leasing Off the Coast of South Carolina.--
``(1) Definitions.--In this subsection:
``(A) Qualified revenues.--The term `qualified
revenues' means all rentals, royalties, bonus bids, and
other sums due and payable to the United States under a
lease sale conducted under this subsection.
``(B) State.--The term `State' means the State of
South Carolina.
``(2) Authorization of lease sales.--The Secretary shall
include in the schedule of proposed lease sales under the outer
Continental Shelf leasing program for fiscal years 2012 through
2017 prepared under this section any areas located within the
administrative boundaries of the State that are more than 50
miles off the coast of the State.
``(3) Leasing of additional areas.--
``(A) Petition.--The Governor of South Carolina,
with the concurrence of the State legislature, may
submit to the Secretary a petition requesting that the
Secretary make available for leasing any portion of the
area within the administrative boundaries of the State
that is more than 10, but less than 50, miles off the
coast of the State.
``(B) Action by secretary.--Notwithstanding any
other provision of law, the Secretary shall--
``(i) not later than 90 days after the date
of receipt of a petition under subparagraph
(A), approve the petition; and
``(ii) on approval of the petition, make
the area available for leasing in accordance
with this subsection and any other applicable
provision of law.
``(C) Failure to act.--If the Secretary fails to
approve a petition in accordance with subparagraph (B),
the petition shall be considered to be approved as of
the date that is 90 days after the date of receipt of
the petition.
``(D) Treatment.--Not later than 180 days after the
date on which a petition is approved, or considered to
be approved, under subparagraph (A) or (B), the
Secretary shall--
``(i) treat the petition as a proposed
revision to a leasing program under this
section; and
``(ii) except as provided in subparagraph
(E), initiate a new 5-year outer Continental
Shelf oil and gas leasing program to replace
the outer Continental Shelf oil and gas leasing
program in effect as of that date, which shall
include any lease sale for any area covered by
the petition.
``(E) Inclusion in subsequent plans.--
``(i) In general.--If there are less than
18 months remaining in the 5-year outer
Continental Shelf oil and gas leasing program
described in subparagraph (D)(ii), the
Secretary, without consultation with any State,
shall include the areas covered by the petition
in lease sales under the proposed 5-year outer
Continental Shelf oil and gas leasing program.
``(ii) Environmental assessment.--Before
modifying a 5-year outer Continental Shelf oil
and gas leasing program for the next 5-year
period, the Secretary shall complete an
environmental assessment that describes any
anticipated environmental effect of leasing in
the area covered by the petition.
``(4) Prohibition on leasing certain areas.--
``(A) Petition.--The Governor of the State, with
the concurrence of the State legislature, may submit to
the Secretary a petition requesting that the Secretary
prohibit the leasing of areas within the administrative
boundaries of the State that are more than 50, but less
than 100, miles off the coast of the State.
``(B) Action by secretary.--Not later than 90 days
after the date of receipt of a petition under
subparagraph (A), the Secretary shall approve the
petition.''.
SEC. 3. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) (as amended by section 2) is amended by adding at the end the
following:
``(j) Revenue Sharing for Additional Areas.--
``(1) Bonus bids.--If the Governor or legislature of a
coastal State requests the Secretary to allow leasing in an
outer Continental Shelf area and the Secretary allows the
leasing, the coastal State shall, without further appropriation
or action, receive 37.5 percent of any bonus bid paid for
leasing rights in the area.
``(2) Post leasing revenues.--In addition to bonus bids
under paragraph (1), a State described in paragraph (1) shall
receive, from leasing of the area, 37.5 percent of--
``(A) any lease rental payments;
``(B) any lease royalty payments;
``(C) any royalty proceeds from a sale of royalties
taken in kind by the Secretary; and
``(D) any other revenues from a bidding system
under section 8.
``(3) Allocation among coastal political subdivisions of
states.--The Secretary shall pay 20 percent of the allocable
share of each coastal State, as determined under this
subsection, directly to certain coastal political subdivisions
of the coastal State.
``(4) Conservation royalties.--After making distributions
in accordance with paragraphs (1) through (3), the Secretary
shall, without further appropriation or action, distribute a
conservation royalty equal to 12.5 percent of Federal royalty
revenues derived from an area leased under this section from
all areas leased under this section for any year, into the land
and water conservation fund established under section 2 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5)
to provide financial assistance to States under section 6 of
that Act (16 U.S.C. 460l-8).
``(5) Deficit reduction.--After making distributions in
accordance with paragraphs (1) through (4), the Secretary
shall, without further appropriation or action, distribute an
amount equal to 50 percent of Federal royalty revenues derived
from all areas leased under this section for any year, into
direct Federal deficit reduction.''.
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South Carolina Offshore Drilling Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to include in a specified schedule of proposed lease sales under the outer Continental Shelf (OCS) leasing program for FY2012-FY2017 any areas located within the administrative boundaries of South Carolina that lie more than 50 miles off its coast.
Authorizes the governor of South Carolina to petition the Secretary to make available for leasing any portion of the area within the state's administrative boundaries that is between 10 and 50 miles off the coast.
Instructs the Secretary to: (1) approve such a petition within 90 days after receipt, and (2) initiate a new five-year OCS oil and gas leasing program to replace the OCS oil and gas leasing program in effect on the approval date.
Authorizes such governor to petition the Secretary to prohibit the leasing of areas within the administrative boundaries of the state that are between 50 and 100 miles off the coast.
Allocates to a coastal state 37.5% of: (1) any bonus bid paid for leasing rights in an OCS area if the Secretary has approved the state's request to allow leasing in that area; (2) lease rental payments, lease royalty payments, and royalty proceeds from a sale of royalties taken in kind by the Secretary; and (3) any other revenues from a specified bidding system.
Instructs the Secretary to: (1) pay 20% of the allocable share of each coastal state directly to certain of its coastal political subdivisions, (2) distribute a certain conservation royalty into the Land and Water Conservation Fund, and (3) distribute 50% of federal royalty revenues from areas leased under this Act into direct federal deficit reduction.
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Create a condensed overview of the following text: SECTION 1. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.
(a) In General.--The Secretary of Energy (in this Act referred to
as the ``Secretary'') shall prioritize education and training for
energy and manufacturing-related jobs in order to increase the number
of skilled workers trained to work in energy and manufacturing-related
fields when considering awards for existing grant programs, including
by--
(1) encouraging State education agencies and local
educational agencies to equip students with the skills,
mentorships, training, and technical expertise necessary to
fill the employment opportunities vital to managing and
operating the Nation's energy and manufacturing industries, in
collaboration with representatives from the energy and
manufacturing industries (including the oil, gas, coal,
nuclear, utility, pipeline, renewable, petrochemical,
manufacturing, and electrical construction sectors) to identify
the areas of highest need in each sector and the skills
necessary for a high quality workforce in the following sectors
of energy and manufacturing:
(A) Energy efficiency industry, including work in
energy efficiency, conservation, weatherization, or
retrofitting, or as inspectors or auditors.
(B) Pipeline industry, including work in pipeline
construction and maintenance or work as engineers or
technical advisors.
(C) Utility industry, including work in the
generation, transmission, and distribution of
electricity and natural gas, such as utility
technicians, operators, lineworkers, engineers,
scientists, and information technology specialists.
(D) Nuclear industry, including work as scientists,
engineers, technicians, mathematicians, or security
personnel.
(E) Oil and gas industry, including work as
scientists, engineers, technicians, mathematicians,
petrochemical engineers, or geologists.
(F) Renewable industry, including work in the
development, manufacturing, and production of renewable
energy sources (such as solar, hydropower, wind, or
geothermal energy).
(G) Coal industry, including work as coal miners,
engineers, developers and manufacturers of state-of-
the-art coal facilities, technology vendors, coal
transportation workers and operators, or mining
equipment vendors.
(H) Manufacturing industry, including work as
operations technicians, operations and design in
additive manufacturing, 3-D printing, advanced
composites, and advanced aluminum and other metal
alloys, industrial energy efficiency management
systems, including power electronics, and other
innovative technologies.
(I) Chemical manufacturing industry, including work
in construction (such as welders, pipefitters, and tool
and die makers) or as instrument and electrical
technicians, machinists, chemical process operators,
chemical engineers, quality and safety professionals,
and reliability engineers; and
(2) strengthening and more fully engaging Department of
Energy programs and labs in carrying out the Department's
workforce development initiatives including the Minorities in
Energy Initiative.
(b) Prohibition.--Nothing in this section shall be construed to
authorize the Secretary or any other officer or employee of the Federal
Government to incentivize, require, or coerce a State, school district,
or school to adopt curricula aligned to the skills described in
subsection (a).
(c) Priority.--The Secretary shall prioritize the education and
training of underrepresented groups in energy and manufacturing-related
jobs.
(d) Clearinghouse.--In carrying out this section, the Secretary
shall establish a clearinghouse to--
(1) maintain and update information and resources on
training and workforce development programs for energy and
manufacturing-related jobs, including job training and
workforce development programs available to assist displaced
and unemployed energy and manufacturing workers transitioning
to new employment; and
(2) provide technical assistance for States, local
educational agencies, schools, community colleges, universities
(including minority serving institutions), workforce
development programs, labor-management organizations, and
industry organizations that would like to develop and implement
energy and manufacturing-related training programs.
(e) Collaboration.--In carrying out this section, the Secretary--
(1) shall collaborate with States, local educational
agencies, schools, community colleges, universities (including
minority serving institutions), workforce-training
organizations, national laboratories, State energy offices,
workforce investment boards, and the energy and manufacturing
industries;
(2) shall encourage and foster collaboration, mentorships,
and partnerships among organizations (including industry,
States, local educational agencies, schools, community
colleges, workforce-development organizations, and colleges and
universities) that currently provide effective job training
programs in the energy and manufacturing fields and entities
(including States, local educational agencies, schools,
community colleges, workforce development programs, and
colleges and universities) that seek to establish these types
of programs in order to share best practices; and
(3) shall collaborate with the Bureau of Labor Statistics,
the Department of Commerce, the Bureau of the Census, States,
and the energy and manufacturing industries to develop a
comprehensive and detailed understanding of the energy and
manufacturing workforce needs and opportunities by State and by
region.
(f) Outreach to Minority Serving Institutions.--In carrying out
this section, the Secretary shall--
(1) give special consideration to increasing outreach to
minority serving institutions and Historically Black Colleges
and Universities;
(2) make existing resources available through program
cross-cutting to minority serving institutions with the
objective of increasing the number of skilled minorities and
women trained to go into the energy and manufacturing sectors;
(3) encourage industry to improve the opportunities for
students of minority serving institutions to participate in
industry internships and cooperative work/study programs; and
(4) partner with the Department of Energy laboratories to
increase underrepresented groups' participation in internships,
fellowships, traineeships, and employment at all Department of
Energy laboratories.
(g) Outreach to Dislocated Energy and Manufacturing Workers.--In
carrying out this section, the Secretary shall--
(1) give special consideration to increasing outreach to
employers and job trainers preparing dislocated energy and
manufacturing workers for in-demand sectors or occupations;
(2) make existing resources available through program
cross-cutting to institutions serving dislocated energy and
manufacturing workers with the objective of training
individuals to re-enter in-demand sectors or occupations;
(3) encourage the energy and manufacturing industries to
improve opportunities for dislocated energy and manufacturing
workers to participate in career pathways; and
(4) work closely with the energy and manufacturing
industries to identify energy and manufacturing operations,
such as coal-fired power plants and coal mines, scheduled for
closure and to provide early intervention assistance to workers
employed at such energy and manufacturing operations by--
(A) partnering with State and local workforce
development boards;
(B) giving special consideration to employers and
job trainers preparing such workers for in-demand
sectors or occupations;
(C) making existing resources available through
program cross-cutting to institutions serving such
workers with the objective of training them to re-enter
in-demand sectors or occupations; and
(D) encouraging the energy and manufacturing
industries to improve opportunities for such workers to
participate in career pathways.
(h) Enrollment in Workforce Development Programs.--In carrying out
this section, the Secretary shall work with industry and community-
based workforce organizations to help identify candidates, including
from underrepresented communities such as minorities, women, and
veterans, to enroll in workforce development programs for energy and
manufacturing-related jobs.
(i) Prohibition.--Nothing in this section shall be construed as
authorizing the creation of a new workforce development program.
(j) Definitions.--In this section:
(1) Career pathways; dislocated worker; in-demand sectors
or occupations; local workforce development board; state
workforce development board.--The terms ``career pathways'',
``dislocated worker'', ``in-demand sectors or occupations'',
``local workforce development board'', and ``State workforce
development board'' have the meanings given the terms ``career
pathways'', ``dislocated worker'', ``in-demand sectors or
occupations'', ``local board'', and ``State board'',
respectively, in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(2) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher education
with a designation of one of the following:
(A) Hispanic-serving institution (as defined in 20
U.S.C.1101a(a)(5)).
(B) Tribal College or University (as defined in 20
U.S.C.1059c(b)).
(C) Alaska Native-serving institution or a Native
Hawaiian-serving institution (as defined in 20
U.S.C.1059d(b)).
(D) Predominantly Black Institution (as defined in
20 U.S.C.1059e(b)).
(E) Native American-serving nontribal institution
(as defined in 20 U.S.C.1059f(b)).
(F) Asian American and Native American Pacific
Islander-serving institution (as defined in 20
U.S.C.1059g(b)).
SEC. 2. REPORT.
Five years after the date of enactment of this Act, the Secretary
shall publish a comprehensive report to the Committee on Energy and
Commerce and the Committee on Education and the Workforce of the House
of Representatives and the Senate Energy and Natural Resources
Committee on the outlook for energy and manufacturing sectors
nationally. The report shall also include a comprehensive summary of
energy and manufacturing job creation as a result of the enactment of
this Act. The report shall include performance data regarding the
number of program participants served, the percentage of participants
in competitive integrated employment two quarters and four quarters
after program completion, the median income of program participants two
quarters and four quarters after program completion, and the percentage
of program participants receiving industry-recognized credentials.
SEC. 3. USE OF EXISTING FUNDS.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
Passed the House of Representatives February 29, 2016.
Attest:
KAREN L. HAAS,
Clerk.
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(Sec. 1) This bill directs the Department of Energy (DOE), in awarding grants, to prioritize education and training for energy and manufacturing jobs, including by encouraging state and local education agencies to equip students for those jobs and strengthening DOE programs and labs carrying out workforce development initiatives. DOE must prioritize educating and training workers from underrepresented groups such as minorities, women, and veterans. DOE may encourage, but not incentivize or require, any state or school district to adopt a curriculum to equip students with the skills and training necessary to fill employment opportunities in the energy and manufacturing industries. In addition, DOE is directed to: establish a clearinghouse for information and guidance on job training and other workforce development programs for energy and manufacturing jobs; and work with the energy and manufacturing industries, educational institutions, and other government agencies to identify areas of workforce need and develop guidelines to implement the best practices for effective job training programs. The bill requires DOE to consider increasing outreach to institutions that serve minority populations. The Minorities in Energy Initiative provides for DOE to: make existing resources available to minority serving institutions with the objective of increasing the number of minorities and women trained to work in the energy and manufacturing industries; encourage the energy and manufacturing industries to improve the amount of internships and cooperative work study programs available for minority students; and increase underrepresented groups' participation in internships, fellowships, and employment at DOE laboratories. DOE must give special consideration to dislocated energy and manufacturing workers by: increasing outreach to employers and job trainers who train unemployed energy and manufacturing workers for re-entry into the job market, making existing resources available to institutions that provide job training to unemployed energy and manufacturing workers, encouraging the energy and manufacturing industries to improve opportunities for energy and manufacturing workers to participate in career pathway programs, and working with the energy and manufacturing industries to identify energy and manufacturing operations scheduled for closure and provide early intervention assistance to affected workers through partnerships with state and local workforce boards. This bill does not authorize the creation of a new workforce development program. (Sec. 2) DOE is required to submit a report to Congress, within five years, on the national outlook for the energy and manufacturing industries. The report must include a summary of energy and manufacturing jobs that have been created by this bill. In addition, the report must contain the: number of workforce training program participants served, percentage of workforce training program participants in competitive employment, median income of workforce training program participants, and percentage of workforce training program participants receiving industry-recognized credentials. (Sec. 3) This bill does not authorize additional funding to carry out its requirements.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Sky Wilderness Act of 2003''.
SEC. 2. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System: certain
lands which comprise approximately 106,000 acres, as generally depicted
on a map entitled ``Wild Sky Wilderness Proposal'', ``Map #1'', and
dated January 7, 2003, which shall be known as the Wild Sky Wilderness.
(b) Maps and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description for the wilderness area designated under
this Act with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives. The map and description shall have the
same force and effect as if included in this Act, except that the
Secretary of Agriculture may correct clerical and typographical errors
in the legal description and map. The map and legal description shall
be on file and available for public inspection in the office of the
Chief of the Forest Service, Department of Agriculture.
SEC. 3. ADMINISTRATION PROVISIONS.
(a) In General.--
(1) Subject to valid existing rights, lands designated as
wilderness by this Act shall be managed by the Secretary of
Agriculture in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this Act, except that, with respect to any
wilderness areas designated by this Act, any reference in the
Wilderness Act to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of
this Act.
(2) To fulfill the purposes of this Act and the Wilderness
Act and to achieve administrative efficiencies, the Secretary
of Agriculture may manage the area designated by this Act as a
comprehensive part of the larger complex of adjacent and nearby
wilderness areas.
(b) New Trails.--
(1) The Secretary of Agriculture shall consult with
interested parties and shall establish a trail plan for Forest
Service lands in order to develop:
(a) a system of hiking and equestrian trails within
the wilderness designated by this Act in a manner
consistent with the Wilderness Act, Public Law 88-577
(16 U.S.C. 1131 et seq.); and
(b) a system of trails adjacent to or to provide
access to the wilderness designated by this Act.
(2) Within two years after the date of enactment of this
Act, the Secretary of Agriculture shall complete a report on
the implementation of the trail plan required under this Act.
This report shall include the identification of priority trail
for development.
(c) Repeater Site.--Within the Wild Sky Wilderness, the Secretary
of Agriculture is authorized to use helicopter access to construct and
maintain a joint Forest Service and Snohomish County telecommunications
repeater site, in compliance with a Forest Service approved
communications site plan, for the purposes of improving communications
for safety, health, and emergency services.
(d) Float Plane Access.--As provided by section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake
Isabel, where such use has already become established, shall be
permitted to continue subject to such reasonable restrictions as the
Secretary of Agriculture determines to be desirable.
(e) Evergreen Mountain Lookout.--The designation under this Act
shall not preclude the operation and maintenance of the existing
Evergreen Mountain Lookout in the same manner and degree in which the
operation and maintenance of such lookout was occurring as of the date
of enactment of this Act.
SEC. 4. AUTHORIZATION FOR LAND ACQUISITION.
(a) In General.--The Secretary of Agriculture is authorized to
acquire lands and interests therein, by purchase, donation, or
exchange, and shall give priority consideration to those lands
identified as ``Priority Acquisition Lands'' on the map described in
section 2(a)(1). The boundaries of the Mt. Baker-Snoqualmie National
Forest and the Wild Sky Wilderness shall be adjusted to encompass any
lands acquired pursuant to this section.
(b) Access.--Consistent with section 5(a) of the Wilderness Act
(Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of Agriculture
shall ensure adequate access to private inholdings within the Wild Sky
Wilderness.
(c) Appraisal.--Valuation of private lands shall be determined
without reference to any restrictions on access or use which arise out
of designation as a wilderness area as a result of this Act.
SEC. 5. LAND EXCHANGES.
The Secretary of Agriculture shall exchange lands and interests in
lands, as generally depicted on a map entitled Chelan County Public
Utility District Exchange and dated May 22, 2002, with the Chelan
County Public Utility District in accordance with the following
provisions:
(1) If the Chelan County Public Utility District, within
ninety days after the date of enactment of this Act, offers to
the Secretary of Agriculture approximately 371.8 acres within
the Mt. Baker-Snoqualmie National Forest in the State of
Washington, the Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of
Agriculture to such lands and interests therein, the Secretary
of Agriculture shall convey to the Chelan County Public Utility
District a permanent easement, including helicopter access,
consistent with such levels as used as of date of enactment, to
maintain an existing telemetry site to monitor snow pack on
1.82 acres on the Wenatchee National Forest in the State of
Washington.
(3) The exchange directed by this Act shall be consummated
if Chelan County Public Utility District conveys title
acceptable to the Secretary and provided there is no hazardous
material on the site, which is objectionable to the Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a telemetry
site to monitor the snow pack for calculating expected runoff
into the Lake Chelan hydroelectric project and the
hydroelectric projects in the Columbia River Basin, the
Secretary shall be notified in writing and the easement shall
be extinguished and all rights conveyed by this exchange shall
revert to the United States.
Passed the Senate November 24, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.
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Wild Sky Wilderness Act of 2003 - (Sec. 2) Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.
(Sec. 3) Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County telecommunications repeater site to provide improved communication for safety, health, and emergency purposes. Allows the continued use of floatplanes on Lake Isabel in the Wild Sky Wilderness, subject to reasonable restrictions. Provides that such wilderness designation shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance were occurring as of the enactment of this Act.
(Sec. 4) Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Directs the Secretary to ensure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area.
(Sec. 5) Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary (in title acceptable to the Secretary, and provided there is no hazardous material on the site) in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington. Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site.
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Summarize the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Food Desert Oasis
Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FOOD DESERT OASIS PILOT PROGRAM
Sec. 101. Food Desert Zones; qualified food desert businesses.
Sec. 102. Increase in rehabilitation tax credit for qualified food
desert businesses.
Sec. 103. Food desert employment tax credit.
Sec. 104. Food desert tax exempt facility bonds.
TITLE II--HUNGER-FREE COMMUNITIES GRANTS EXTENSION AND ENHANCEMENT
Sec. 201. Expansion of hunger-free communities program.
TITLE III--REPORTS TO CONGRESS ON PILOT PROGRAM
Sec. 301. Reports to Congress on pilot program.
TITLE I--FOOD DESERT OASIS PILOT PROGRAM
SEC. 101. FOOD DESERT ZONES; QUALIFIED FOOD DESERT BUSINESSES.
(a) Food Desert Zones.--Each of the following shall be treated as a
separate Food Desert Zone:
(1) Chicago, Illinois.
(2) Detroit, Michigan.
(3) Cleveland, Ohio.
(4) Milwaukee, Wisconsin.
(5) Houston, Texas.
(6) Memphis, Tennessee.
(7) Birmingham, Alabama.
(8) San Antonio, Texas.
(9) Kansas City, Missouri.
(10) Indianapolis, Indiana.
(11) Baltimore, Maryland
(12) Atlanta, Georgia.
(13) Richmond, Virginia.
(14) Los Angeles, California.
(15) Cincinnati, Ohio.
(16) St. Louis, Missouri.
(17) Nashville, Tennessee.
(18) District of Columbia.
(19) Philadelphia, Pennsylvania.
(20) New Orleans, Louisiana.
(b) Qualified Food Desert Business.--For purposes of this Act, the
term ``qualified food desert business'' means any taxpayer for any
taxable year if such taxpayer--
(1) is in the trade or business of selling products at
wholesale or retail, and
(2) at least 25 percent of such taxpayer's gross receipts
from such trade or business are derived from the sale of fresh
fruits and vegetables.
For purposes of this subsection, all persons treated as a single
employer under subsection (b), (c), (m), or (o) of section 414 of the
Internal Revenue Code of 1986 shall be treated as 1 taxpayer.
SEC. 102. INCREASE IN REHABILITATION TAX CREDIT FOR QUALIFIED FOOD
DESERT BUSINESSES.
(a) In General.--In the case of qualified rehabilitation
expenditures (as defined in section 47(c) of the Internal Revenue Code
of 1986) paid or incurred by a qualified food desert business during
the period beginning on the date of the enactment of this Act and
ending on December 31, 2012, with respect to any qualified building,
subsection (a) of section 47 of such Code (relating to rehabilitation
credit) shall be applied--
(1) by substituting ``13 percent'' for ``10 percent'' in
paragraph (1) thereof, and
(2) by substituting ``26 percent'' for ``20 percent'' in
paragraph (2) thereof.
(b) Qualified Building.--For purposes of this section, the term
``qualified building'' means any qualified rehabilitated building or
certified historic structure (as defined in section 47(c) of such Code)
which--
(1) is located in a Food Desert Zone, and
(2) is used by the qualified food desert business in
carrying on the trade or business referred to in section
101(b).
SEC. 103. FOOD DESERT EMPLOYMENT TAX CREDIT.
(a) In General.--Subject to the modifications in subsection (b), a
Food Desert Zone shall be treated as an empowerment zone for purposes
of section 1396 of the Internal Revenue Code of 1986 with respect to
wages paid or incurred after the date of the enactment of this Act and
before December 31, 2015.
(b) Modifications.--In applying section 1396 of such Code to Food
Desert Zones, only qualified food desert businesses shall be treated as
employers.
SEC. 104. FOOD DESERT TAX EXEMPT FACILITY BONDS.
(a) In General.--For purposes of the Internal Revenue Code of 1986,
any qualified food desert bond shall be treated as an exempt facility
bond.
(b) Qualified Food Desert Bond.--For purposes of this section, the
term ``qualified food desert bond'' means any bond issued as part of an
issue if--
(1) 95 percent or more of the net proceeds (as defined in
section 150(a)(3) of such Code) of such issue are to be used
for qualified project costs,
(2) such bond is issued by the State (or any political
subdivision thereof) in which the property referred to in
subsection (d) is located,
(3) such bond is designated for purposes of this section
by--
(A) in the case of a bond which is required under
State law to be approved by the bond commission of such
State, such bond commission, and
(B) in the case of any other bond, the Governor of
such State,
(4) such bond is issued after the date of the enactment of
this section and before January 1, 2016, and
(5) no portion of the proceeds of such issue is to be used
to provide any property described in section 144(c)(6)(B) of
such Code.
(c) Limitations on Bonds.--
(1) Aggregate amount designated.--The maximum aggregate
face amount of bonds which may be designated under this section
with respect to any Food Desert Zone shall not exceed
$20,000,000.
(2) Movable property.--No bonds shall be issued which are
to be used for movable fixtures and equipment.
(d) Qualified Project Costs.--For purposes of this section, the
term ``qualified project costs'' means the cost of acquisition,
construction, reconstruction, or renovation of nonresidential real
property (including fixed improvements associated with such property)
which--
(1) is located in a Food Desert Zone, and
(2) is used by a qualified food desert business in carrying
on the trade or business referred to in section 101(b).
(e) Application of Certain Rules.--For purposes of this section,
rules similar to the rules of paragraphs (5) and (6) of section
1400N(a) of such Code shall apply.
TITLE II--HUNGER-FREE COMMUNITIES GRANTS EXTENSION AND ENHANCEMENT
SEC. 201. EXPANSION OF HUNGER-FREE COMMUNITIES PROGRAM.
Section 4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7017) is amended--
(1) in subsection (b)(1)(B) by inserting ``, except that
for fiscal years 2010 through 2015 the Federal share shall be
100 percent of the cost of carrying out such activity in a Food
Desert Zone (as specified in section 101(a) of the Food Desert
Oasis Act of 2009)'' before the period at the end, and
(2) in subsection (e) by striking ``2012'' and inserting
``2015''.
TITLE III--REPORTS TO CONGRESS ON PILOT PROGRAM
SEC. 301. REPORTS TO CONGRESS ON PILOT PROGRAM.
(a) In General.--The Secretary of the Treasury, in consultation
with such other Federal officials as the Secretary determines
appropriate, shall annually submit a written report to Congress
regarding the Food Desert Oasis Pilot Program established under title
I.
(b) Contents of Report.--Such report shall include--
(1) an analysis of any increases or decreases in the health
of the residents of the Food Desert Zones, and
(2) the effect of title I on the level of investment in the
Food Desert Zones.
(c) Timing of Reports.--The first report under subsection (a) shall
be made not later than December 31, 2011 and shall cover the period
ending on December 31, 2010. The last such report under subsection (a)
shall be made not later than December 31, 2016 and shall cover the
period ending on December 31, 2015.
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Food Desert Oasis Act of 2009 - Designates certain U.S. cities as Food Desert Zones. Defines a "qualified food desert business" as a wholesale or retail business that derives at least 25% of its gross receipts from the sale of fresh fruits and vegetables.
Grants certain tax benefits to a qualified food desert business, including an increased tax credit rate for rehabilitation expenditures, empowerment zone status, and tax-exempt bond financing.
Amends the Food, Conservation, and Energy Act of 2008 to: (1) increase to 100% the federal share of costs associated with hunger-free communities program activities in a Food Desert Zone in FY2010-FY2015; and (2) extend the authorization of appropriations for such program through FY2015.
Directs the Secretary of the Treasury to submit annual reports to Congress on the Food Desert Oasis Pilot Program under this Act.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Protection Act of 1997''.
SEC. 2. PROVISION OF INTERNET INFORMATION SERVICES.
Title II of the Communications Act of 1934 is amended by inserting
after section 230 (47 U.S.C. 230) the following new section:
``SEC. 231. PROVISION OF INTERNET INFORMATION SERVICES.
``(a) Policies.--The policies of this section are as follows:
``(1) Private initiative.--In order to support rapid and
efficient technological and commercial innovation, deployment,
and adoption of Internet information services, it shall be the
policy of the United States to rely on private initiative and
to avoid, to the maximum extent possible, government
restriction or supervision of such services.
``(2) Affirmation of commission public interest judgment.--
Except as set forth in this section--
``(A) regulation of Internet information services,
including services previously referred to in Commission
actions as enhanced services, is not in the public
interest; and
``(B) the Congress reserves the authority to
determine when and if, after the date of enactment of
this section, regulation of Internet information
services is in the public interest.
``(3) Interstate and international implications.--It shall
be the policy of the Federal Government in its relationships
with both foreign governments and the States of the Union, to
support and advance the policies of this section and the
purposes of this Act.
``(b) Freedom From Regulation.--
``(1) Limitations on commission authority.--Except as
expressly provided in this section, nothing in this Act shall
be construed to grant authority to the Commission with respect
to--
``(A) the rates, charges, practices,
classifications, facilities, or services for or in
connection with the provision of Internet information
services to customers;
``(B) technical specifications or standards for the
provision of Internet information services; or
``(C) any other regulation of the provision of
Internet information services.
``(2) Parallel limitation and supersession of state
authority.--Notwithstanding section 2(b) or any other provision
of this Act--
``(A) no State commission shall have any authority
to take any action with respect to Internet information
services that the Commission is prohibited by this
section from taking with respect to such services; and
``(B) no State commission shall have any authority
to take any action with respect to Internet information
services that is inconsistent with, or that would
substantially frustrate, an action taken by the
Commission with respect to such services, including an
action to withdraw, or refrain from, regulation of such
services.
``(3) Exceptions to federal and state limitations.--
``(A) Access to telecommunications services.--
Nothing in this subsection shall prohibit the
Commission or a State commission from--
``(i) prohibiting any incumbent local
exchange carrier that is engaged in the
provision of Internet information services from
subsidizing its provision of such services from
revenues obtained from the provision of
telephone exchange service, telephone toll
service, or telephone exchange access service;
or
``(ii) prohibiting any incumbent local
exchange carrier from preferring or
discriminating in favor of its Internet
information service operations in its provision
of telecommunications service.
``(B) Telecommunications act implementation.--
Nothing in this subsection shall limit or otherwise
affect the implementation of the Telecommunications Act
of 1996 (P.L. 104-104) or the amendments made by such
Act.
``(C) National security, law enforcement, network
reliability.--Nothing in this subsection shall prohibit
the Commission from taking actions necessary to protect
national security or network reliability, or assist law
enforcement, as otherwise authorized by this Act or the
Communications Assistance for Law Enforcement Act.
``(c) Deregulatory Leverage From Internet Information Services.--
``(1) Deregulation based on adoption of internet
information service substitutes.--With respect to any
geographic market, a service provided by a nonaffiliated
Internet information service provider is a substitute for a
comparable regulated service for a substantial portion of the
geographic market for such regulated service, the Commission
shall forbear from applying any regulation or any provision of
any title of this Act to the provision of such comparable
regulated service within such market if the Commission
determines that--
``(A) enforcement of such regulation or provision
is not necessary to ensure that the charges, practices,
classifications, or regulations by, for, or in
connection with that service are just and reasonable
and are not unjustly or unreasonably discriminatory;
``(B) enforcement of such regulation or provision
is not necessary for the protection of consumers;
``(C) forbearance is necessary to promote parity
among service providers; and
``(D) forbearance is consistent with the public
interest.
``(2) Petition for forbearance.--Any person that provides
any regulated service may submit a petition to the Commission
requesting that the Commission exercise the authority granted
under this subsection with respect to that person, or any
regulated service offered by that person within a geographic
market. Any such petition shall be deemed granted if the
Commission does not deny the petition for failure to meet the
requirements for forbearance under paragraph (1) within one
year after the Commission receives it. The Commission may grant
or deny a petition in whole or in part.
``(3) State limitation.--A State commission may not
continue to apply or enforce any provision of this Act that the
Commission has determined to forbear from applying under
paragraph (1).
``(4) Limitation.--The Commission may not forbear from
applying the requirements of section 251(c) or 271 under
paragraph (1) of this section until it determines that those
requirements have been fully implemented.
``(d) Duty of Commission to Report Need for Additional
Exceptions.--
``(1) Ongoing information.--The Commission shall keep the
Committee on Commerce of the House of Representatives and the
Committee on Commerce, Science and Transportation of the Senate
fully and currently informed with respect to developments in
the provision of Internet information services.
``(2) Need for legislative changes.--If, any time after the
date of enactment of this section, the Commission determines
that any such development requires that a limitation on the
Commission under this section be removed, or that an exception
to any such limitation be granted, the Commission shall
promptly report such determination to the Congress, together
with the Commission's recommendations for appropriate
legislative changes.
``(e) Internet Information Services Definition.--As used in this
section, the term `Internet information service' means any information
service, and--
``(1) includes--
``(A) the Internet, and the provision of access to,
and access software for, the Internet; and
``(B) interactive computer services, and the
provision of access to, and access software for,
interactive computer services; but
``(2) does not include, except for purposes of subsection
(c), the provision of video programming (as such term is
defined in section 602) directly to subscribers.
``(f) Additional Definitions.--
``(1) Internet; interactive computer services.--The terms
`Internet' and `interactive computer service' have the meanings
provided in section 230(e).
``(2) Incumbent local exchange carrier.--The term
`incumbent local exchange carrier' has the meaning provided in
section 251(h).
``(3) Regulated service.--The term `regulated service'
means any service that the Commission, pursuant to title II,
III, or VI, has authority with respect to--
``(A) the rates, charges, practices,
classifications, facilities, or services for or in
connection with the provision of such service;
``(B) technical specifications or standards for the
provision of such service; or
``(C) any other regulation of the provision of such
service to customers.''.
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Internet Protection Act of 1997 - Amends the Communications Act of 1934 to declare that it shall be U.S. policy to rely on private initiative and to avoid government restriction or supervision of Internet services.
Provides that nothing in the Act shall be construed to grant authority to the Federal Communications Commission (FCC) to regulate Internet services. Bars States from taking any action with respect to such services that the FCC is prohibited from taking or that is inconsistent with FCC actions.
Requires the FCC, when service provided by a nonaffiliated Internet service provider is a substitute for a comparable regulated service for a substantial portion of the geographic market for such regulated service, to forbear from applying any regulation or provision of the Act to such comparable service if: (1) enforcement is not necessary to ensure that charges, practices, classifications, or regulations by, for, or in connection with such service are just and reasonable and not unreasonably discriminatory; (2) enforcement is not necessary for consumer protection; and (3) forbearance is necessary to promote parity among service providers and consistent with the public interest. Authorizes petitions to the FCC for forbearance.
Requires the FCC to: (1) keep the House Committee on Commerce and the Senate Committee on Commerce, Science and Transportation currently informed on developments in the provision of Internet services; and (2) report any recommendations for legislative changes to the Congress if any development requires that a limitation on the FCC under this Act be removed.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Max Cleland Over-the-Road Bus
Security and Safety Act of 2002''.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Federal Motor Carrier Safety Administration,
shall establish a program for making grants to private operators of
over-the-road buses for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing an emergency communications system linked
to law enforcement and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Reimbursement.--A grant under this Act may be used to provide
reimbursement to private operators of over-the-road buses for
extraordinary security-related costs for improvements described in
paragraphs (1) through (9) of subsection (a), determined by the
Secretary to have been incurred by such operators since September 11,
2001.
(c) Federal Share.--The Federal share of the cost for which any
grant is made under this Act shall be 90 percent.
(d) Due Consideration.--In making grants under this Act, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) Grant Requirements.--A grant under this Act shall be subject to
all the terms and conditions that a grant is subject to under section
3038(f) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 393).
SEC. 3. PLAN REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to a private operator of over-the-road buses until the operator has
first submitted to the Secretary--
(1) a plan for making security improvements described in
section 2 and the Secretary has approved the plan; and
(2) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under the
grant.
(b) Coordination.--To the extent that an application for a grant
under this section proposes security improvements within a specific
terminal owned and operated by an entity other than the applicant, the
applicant shall demonstrate to the satisfaction of the Secretary that
the applicant has coordinated the security improvements for the
terminal with that entity.
SEC. 4. OVER-THE-ROAD BUS DEFINED.
In this Act, the term ``over-the-road bus'' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
SEC. 5. BUS SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a preliminary report in accordance with the
requirements of this section.
(b) Contents of Preliminary Report.--The preliminary report shall
include--
(1) an assessment of the over-the-road bus security grant
program;
(2) an assessment of actions already taken to address
identified security issues by both public and private entities
and recommendations on whether additional safety and security
enforcement actions are needed;
(3) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(4) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-the-
road bus transportation industry and its employees;
(5) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(6) an assessment of industry best practices to enhance
security.
(c) Consultation With Industry, Labor, and Other Groups.--In
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law
enforcement officials, and the National Academy of Sciences.
SEC. 6. FUNDING.
There is authorized to be appropriated to the Secretary of
Transportation to carry out this Act $99,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
Clerk.
107th CONGRESS
2d Session
H. R. 3429
_______________________________________________________________________
AN ACT
To direct the Secretary of Transportation to make grants for security
improvements to over-the-road bus operations, and for other purposes.
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Max Cleland Over-the-Road Bus Security and Safety Act of 2002 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes, among other things, an assessment of the over-the-road bus security grant program.(Sec. 6) Authorizes appropriations for FY 2003.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terror-Free Skies Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Iran is designated as the world's foremost state
sponsor of terrorism and a direct threat to the national
security of the United States and United States allies.
(2) Iran, through its Islamic Revolutionary Guard Corps
(IRGC), provides material and financial support to Foreign
Terrorist Organizations (FTO), including Hamas, Hezbollah, and
Kata'ib Hezbollah, as well as to the Bashar al-Assad regime in
Syria which is responsible for over 400,000 civilian deaths.
(3) Iran has systematically employed its national air
carrier, Iran Air, as well as numerous private and publically
owned Iranian and Syrian airliners, including Mahan Air, to
ferry weapons, troops, and military equipment on behalf of the
IRGC and Iran's Ministry of Defense and Armed Forces Logistics
(MODAFL) to FTOs and rogue regimes around the world.
(4) On June 23, 2011, the U.S. Department of the Treasury
designated Iran Air pursuant to Executive Order 13882 for
providing material support and services to the IRGC, including
shipping military-related equipment on behalf of the IRGC since
2006 and transporting rockets or missiles to Syria.
(5) On January 16, 2016, Iran Air was delisted as a
Specially Designated National (SDN) by the U.S. Department of
the Treasury even though Iran Air had not ceased its illicit
and sanctionable activity.
(6) Iran Air remains owned and operated by the Iranian
government and has, since January 16, 2016, flown numerous
unscheduled flights on well-known weapons supply routes between
Iran and Syria.
(7) In correspondence with U.S. Members of Congress, the
U.S. Department of the Treasury has refused to confirm that
Iran Air has ceased its illicit activity. In a November 23,
2016, letter to Rep. Peter Roskam, Thomas Patrick Maloney,
Senior Advisor in the Office of Legislative Affairs of the U.S.
Department of the Treasury wrote: ``The United States retains
the ability to designate any individual or entity that engages
in sanctionable activities under our authorities targeting
conduct outside the scope of the JCPOA, including Iran's
support for terrorism, human rights abuses, ballistic missile
program, and other destabilizing activities in the region.''.
(8) Evidence supports that despite being removed from the
Specially Designated National (SDN) on January 16, 2016, Iran
Air has since continued its illicit and sanctionable activity
in support of the IRGC, MODAFL, Hezbollah, and the Bashar al-
Assad regime since January 16, 2016.
SEC. 3. REPORT ON USE BY THE GOVERNMENT OF IRAN OF COMMERCIAL AIRCRAFT
AND RELATED SERVICES FOR ILLICIT MILITARY OR OTHER
ACTIVITIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President, in
consultation with the Secretary of Defense, the Secretary of State, and
the Director of National Intelligence, shall submit to the Committee on
Armed Services, Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of Representatives and the
Committee on Armed Services, Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate a report on use by the
Government of Iran of commercial aircraft and related services for
illicit military or other activities on or after the date that is the
beginning of the 5-year period ending on the date of the enactment of
this Act.
(b) Elements of Report.--The report required under subsection (a)
shall include a description of the extent to which--
(1) the Government of Iran has used commercial aircraft,
including aircraft of Iran Air, or related services to
transport illicit cargo to or from Iran, including military
goods, weapons, military personnel, military-related electronic
parts and mechanical equipment, or rocket or missile
components;
(2) the commercial aviation sector of Iran, including Iran
Air, has provided financial, material, or technological support
to the IRGC, MODAFL, the Bashar al Assad Regime, Hezbollah,
Hamas, Kata'ib Hezbollah, or any other FTOs or entities
designated on the SDN list; and
(3) foreign governments and persons have facilitated the
activities described in paragraph (1), including allowing the
use of airports, services, or other resources.
(c) Effect of Determination.--If, in a report submitted under this
section, the President determines that Iran Air or any other Iranian
commercial airliner has used or has been using commercial aircraft for
illicit military purposes on or after January 16, 2016, the President
shall, within 90 days of making such determination, designate such
airline as a specially designated national and blocked person on the
list maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
SEC. 4. SUNSET.
This Act shall cease to be effective on the date that is 30 days
after the date on which the President certifies to Congress that the
Government of Iran has ceased providing support for acts of
international terrorism.
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Terror-Free Skies Act This bill requires the President to report to specified congressional committees every 180 days on the Iranian government's use of commercial aircraft and related services for illicit military or other activities during the past five years. Such report shall describe the extent to which: Iran's government has used commercial aircraft, including Iran Air, or related services to transport illicit cargo to or from Iran, including military goods, weapons, personnel, electronic parts and mechanical equipment, or rocket or missile components; the commercial aviation sector of Iran has provided support to the Islamic Revolutionary Guard Corps, Iran's Ministry of Defense and Armed Forces Logistics, the Bashar al Assad Regime, Hezbollah, Hamas, Kata'ib Hezbollah, or any other foreign terrorist organizations or entities designated on the specially designated national list maintained by the U.S. Department of the Treasury; and foreign governments and persons have facilitated such activities. If the President determines in such a report that any Iranian commercial airliner has used commercial aircraft for illicit military purposes on or after January 16, 2016, the President shall designate such airline as a specially designated national and blocked person. This bill shall cease to be effective 30 days after the President certifies that the Iranian government has ceased providing support for acts of international terrorism.
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Provide a summary of the following text: SECTION 1. COMMISSION ON ECONOMIC SECURITY.
(a) Short Title.--This section may be cited as the ``Economic
Security Defense Act of 2010''.
(b) Findings.--Congress finds that--
(1) the recent financial crisis could serve as a road map
for actors seeking to destabilize economic systems;
(2) the economy's growing interconnectedness increases
vulnerabilities;
(3) the ability of malevolent actors to rapidly network and
mask their activities undermines the fundamentals of the
financial markets and economy;
(4) as it is reported that a recent war game of the
Department of Defense--
(A) exposed the seriousness of threats to our
economy;
(B) was won by a group representing the Government
of China; and
(C) indicated a significant lack of understanding
of these issues across the divides between the national
security and financial communities;
(5) a leading financial executive recently noted that the
financial crisis, sparked by the September 15th, 2008, collapse
of Lehman Brothers, could serve as a road map for actors
seeking to destabilize economic systems;
(6) prominent counterterrorism expert Professor Bruce
Hoffman of Georgetown University has stated that al Qaeda and
other terrorists groups were devoting new attention to
derailing our financial system in the wake of that crisis;
(7) foreign governments have developed economic warfare
capabilities or organizations, such as an economic warfare
bureau in China; and
(8) former Directors of National Intelligence and other top
experts have warned of cybersecurity and other threats capable
of disrupting our financial institutions or critical
infrastructure, such as the national power grid.
(c) Establishment.--There is established a commission to be known
as the ``Security Threats to Financial Markets and Economic Recovery
Commission'' (referred to in this Act as the ``Commission'').
(d) Duties of Commission.--
(1) Mandatory legislative recommendations.--The Commission
shall examine the security threats and vulnerabilities to the
United States' economic recovery and financial markets and to
develop legislative recommendations designed to address--
(A) potential threats to financial markets and
economic recovery from state actors and non-state
actors;
(B) vulnerabilities in financial markets that could
be exploited and would result in major economic
implications;
(C) the divide between national security concerns
and economic concerns; and
(D) national security vulnerabilities associated
with current Federal debt levels.
(2) Policy solutions.--Legislative recommendations
developed to address the issues described in paragraph (1) may
include--
(A) reforms necessary to address gaps in government
and private capabilities to analyze and combat threats
to financial markets;
(B) reforms that strengthen the security of
financial markets;
(C) reforms that address financial systemic
weakness; and
(D) any other reforms designed to address the
issues described in paragraph (1).
(e) Reports.--
(1) Definition.--In this subsection, the term ``appropriate
committees of Congress'' shall include the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) In general.--Not later than September 1, 2011, the
Commission shall submit a full report to the appropriate
committees of Congress and the President containing--
(A) a detailed description of the activities of the
Commission;
(B) a detailed statement of any findings of the
Commission as to public preferences regarding the
issues, policies, and tradeoffs presented in the town
hall style public hearings;
(C) a list of policy options for addressing those
problems; and
(D) criteria for the legislative recommendations to
be developed by the Commission.
(3) Form.--The reports submitted under paragraph (1) shall
be submitted in unclassified form, but may contain a classified
annex.
(f) Legislative Recommendations.--
(1) In general.--Not later than 60 days after the date on
which the full report is submitted under subsection (e)(1) and
by a vote of at least 10 of the members, the Commission shall
submit legislative recommendations to Congress and the
President designed to address the issues described in
subsection (d).
(2) Proposal requirements.--The proposal under paragraph
(1) shall, to the extent feasible, be designed--
(A) to achieve financial market and systemic
security;
(B) to address the comments and suggestions of the
consulted non-governmental experts and government
officials; and
(C) to meet the criteria set forth in the
Commission report.
(g) Membership and Meetings.--
(1) Membership.--
(A) In general.--The Commission shall be composed
of 20 voting members appointed pursuant to subparagraph
(B) and 3 nonvoting members described in subparagraph
(C).
(B) Voting members.--The Commission shall be
composed of 20 voting members, of whom not fewer than 7
members should be currently in the private sector, or
have significant experience in the private sector, of
whom--
(i) 5 shall be appointed by the Speaker of
the House of Representatives;
(ii) 5 shall be appointed by the minority
leader of the House of Representatives;
(iii) 5 shall be appointed by the majority
leader of the Senate; and
(iv) 5 shall be appointed by the minority
leader of the Senate.
(C) Executive branch consultation.--The Director of
National Intelligence, the Secretary, and the Chairman
of the Board of Governors shall advise and assist the
Commission, at the request of the Commission.
(D) Chair and cochair.--The Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and
the minority leader of the Senate shall designate 2
cochairpersons of the Commission from the members
appointed under subparagraph (B), one of whom must be a
Republican and one of whom must be a Democrat.
(2) Limitations as to members of congress.--
(A) Members of congress on commission.--Each
appointing authority described in paragraph (1)(B)
shall appoint not more than 2 Members of Congress, nor
fewer than 1 Member of Congress, to the Commission.
(B) Continuation of voting membership.--In the case
of an individual appointed pursuant to paragraph (1)(A)
who was appointed as a Member of Congress under
subparagraph (A), if such individual ceases to be a
Member of Congress, that individual shall cease to be a
member of the Commission.
(3) Date for original appointment.--The appointing
authorities described in paragraph (1)(B) shall appoint the
initial members of the Commission not later than 30 days after
the date of enactment of this Act.
(4) Terms.--
(A) In general.--The term of each member is for the
life of the Commission.
(B) Vacancies.--A vacancy in the Commission shall
be filled not later than 30 days after such vacancy
occurs and in the manner in which the original
appointment was made.
(5) Pay and reimbursement.--
(A) No compensation for members of commission.--
Except as provided in subparagraph (B), a member of the
Commission may not receive pay, allowances, or benefits
by reason of their service on the Commission.
(B) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence under subchapter I of chapter 57 of title
5, United States Code.
(6) Meetings.--The Commission shall meet upon the call of
the chairperson or a majority of its voting members.
(7) Quorum.--Six voting members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(h) Staff of Commission.--
(1) Staff.--In accordance with rules agreed upon by the
Commission, subject to paragraph (2), and to the extent
provided in advance in appropriation Acts, the cochairpersons
of the Commission may appoint and fix the pay of no more than 3
staff persons, subject to paragraph (3).
(2) Applicability of certain civil service laws.--The staff
of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service.
(3) Compensation.--A staff person of the Commission may not
be paid at a rate of pay that exceeds the maximum rate of pay
for a position at GS-14 of the General Schedule.
(4) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of their regular employment without
interruption.
(5) Experts and consultants.--In accordance with rules
agreed upon by the Commission and to the extent provided in
advance in appropriation Acts, the director may procure the
services of experts and consultants under section 3109(b) of
title 5, United States Code, but at rates not to exceed the
daily equivalent of the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(i) Powers of Commission.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this Act, hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers appropriate. The
Commission may administer oaths or affirmations to witnesses
appearing before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this
subsection.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(5) Contract authority.--To the extent provided in advance
in appropriation Acts, the Commission may enter into contracts
to enable the Commission to discharge its duties under this
Act.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(j) Funding.--There are authorized to be appropriated to the
Commission, such sums as may be necessary to carry out this Act.
Funding for the Commission shall be provided through discretionary
appropriations.
(k) Termination.--The Commission shall terminate 60 days after the
date of submission of its legislative proposal to Congress under this
Act.
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Economic Security Defense Act of 2010 - Establishes a Security Threats to Financial Markets and Economic Recovery Commission to examine and report to Congress on security threats and vulnerabilities to the U.S. economic recovery and financial markets.
Requires the Commission to make legislative recommendations to Congress and the President designed to address: (1) potential threats to financial markets and economic recovery from both state and non-state actors; (2) vulnerabilities in financial markets that could be exploited and would result in major economic implications; (3) the divide between national security and economic concerns; and (4) national security vulnerabilities associated with current federal debt levels.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soledad Canyon Mine Mitigation and
Relocation Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Soledad Canyon area has been used to mine
construction aggregate resources since the 1960s.
(2) In 1987, the State of California classified Soledad
Canyon as a ``regionally significant construction aggregate
resource area''.
(3) The construction sand and gravel industry is valued at
more than $5,900,000,000 by the United States Geological
Survey, with an estimated 4,000 companies performing 6,400
construction sand and gravel operations in 50 States.
California leads the Nation in gross tonnage of sand and gravel
mined.
(4) Sand and gravel are estimated to be used in accordance
with the following percentages:
(A) 41 percent for concrete aggregates.
(B) 25 percent for road base, coverings, and
stabilization.
(C) 13 percent as construction fill.
(D) 12 percent for asphalt.
(E) 4 percent for plaster.
(F) 5 percent for miscellaneous products, including
filtration and railroad ballasts, bricks, and pipes.
(5) Two privately held valid Federal contracts, numbered
CA-20139 and CA-22901, issued under the Act of July 31, 1947
(30 U.S.C. 601 et seq.; 61 Stat 681; commonly known as the
Materials Act of 1947), authorize the extraction of
approximately 56,000,000 tons of sand and gravel from the
Federal mineral estate in lands located in Soledad Canyon
adjacent to the city of Santa Clarita, California.
(6) Those Federal contracts were awarded in 1990 to Transit
Mixed Concrete. Southdown, the parent company of Transit Mixed
Concrete, was acquired by CEMEX in 2000, resulting in CEMEX
holding the Federal contracts.
(7) The Bureau of Land Management approved a mining plan of
operations and prepared a draft environmental impact statement
with respect to the Soledad Canyon Mine, which was released on
May 6, 1999. The environmental impact statement was
subsequently modified to address growing concerns among Santa
Clarita residents about the impact mining operations in Soledad
Canyon had on air quality and health, truck traffic, and
declining property values in Santa Clarita.
(8) The final environmental impact statement was released
to the public on June 2, 2000, with a list of eight
alternatives for mining the Soledad Canyon site.
(9) The county of Los Angeles was required, with respect to
mining in Soledad Canyon, under the California Environmental
Quality Act (Cal. Public Resources Code, section 21000 et seq.)
to prepare an environmental impact report to comply with the
California Surface Mining Reclamation Act (Cal. Public
Resources Code, section 2710 et seq.). The final environmental
impact report was released in April 2001, but the County Board
of Supervisors voted to deny a permit under such Act (Cal.
Public Resources Code, section 2710 et seq.) in early 2002,
citing the right and responsibility of the county to impose
reasonable environmental and resource protection and regulation
on mining in Soledad Canyon.
(10) Numerous lawsuits were filed between 2002 and 2004
involving the city of Santa Clarita, the county of Los Angeles,
the Center for Biological Diversity, and CEMEX.
(11) Exhibit H to the Consent Decree resulting from the
settlement of CEMEX Inc. v. County of Los Angeles, filed on May
20, 2004, in the United States District Court for the Central
District of California, Western Division, contains the
mitigation agreement between CEMEX and the county of Los
Angeles (entitled ``Settlement Project Conditions''), which
lists 40 conditions that CEMEX is required to meet in order to
mitigate the environmental, health, traffic, endangered
species, and safety concerns raised by the county, local
residents, and the city of Santa Clarita.
(12) Congressman Howard P. ``Buck'' McKeon of California
has introduced the following bills with respect to the Soledad
Canyon Mine:
(A) H.R. 3060 (106th Congress) to withdraw
specified lands from the operation of Federal mining
and mineral leasing laws and to nullify any existing
permits issued on such lands.
(B) H.R. 679 (107th Congress) to reintroduce H.R.
3060 from the 106th Congress.
(C) H.R. 3529 (108th Congress), the Soledad Canyon
Mine Lease Cancellation Act, to cancel two mining
permits for the Soledad Canyon Mine and to prohibit the
Secretary of the Interior from issuing permits for
mining above historical levels in Soledad Canyon.
(D) H.R. 5471 (109th Congress), the Soledad Canyon
Mine Leases Adjustment Act--
(i) to cancel two mining permits for the
Soledad Canyon Mine;
(ii) to direct the Secretary of the
Interior to provide additional financial and
mineral production opportunities in exchange
for the economic value invested to date on the
two permits; and
(iii) to prohibit the Secretary of the
Interior from issuing permits for mining above
historical levels in Soledad Canyon.
(E) H.R. 5887 (110th Congress), the Soledad Canyon
Mine Act--
(i) to authorize the Secretary of the
Interior, acting through the Bureau of Land
Management, to cancel mining contracts CA-20139
and CA-22901;
(ii) to prohibit future mining in the
Soledad Canyon;
(iii) to provide a means for CEMEX to
recover as just compensation for the
cancellation of the contracts the fair market
value of, and the expenditures and covered
liabilities of Transit Mixed Concrete in
pursuing the development of, the contracts;
(iv) to provide the Bureau of Land
Management with the necessary tools to verify
the expenses incurred by CEMEX and provide
relief to CEMEX for such expenses;
(v) to provide timelines for the
verification of such expenses and the
determination of just compensation; and
(vi) to provide for a dispute resolution
process.
(F) H.R. 4332 (111th Congress), the Soledad Canyon
High Desert, California Public Lands Conservation and
Management Act of 2009--
(i) to authorize the Secretary of the
Interior, acting through the Bureau of Land
Management, to cancel mining contracts CA-20139
and CA-22901;
(ii) to withdraw the areas that were
subject to such contracts from further mineral
entry under all mineral leasing and sales
authorities available to the Secretary;
(iii) to provide compensation to CEMEX for
such contracts;
(iv) to offer for sale by competitive
bidding lands identified for disposition near
Victorville, California; and
(v) to acquire environmentally sensitive
land and collect the proceeds of the sale of
lands near Victorville, California.
(13) Congressman McKeon was instrumental in CEMEX and the
city of Santa Clarita entering into an agreement (entitled the
``Principles of Cooperation'') on January 8, 2007, which was
renewed eight times and expired on May 31, 2012. The Principles
of Cooperation governed the conduct between the two parties,
ensured that no mining permits were initiated at any level, and
ensured that all parties would work toward a mutually favorable
legislative solution.
(14) On November 4, 2011, Congressman McKeon was informed
by the Chairman of the Committee on Natural Resources of the
House of Representatives, Congressman Doc Hastings of
Washington, that H.R. 4332 (111th Congress) was considered a
congressional earmark under the Rules of the House of
Representatives for the 112th Congress.
(15) Clause 9(e) of rule XXI of the Rules of the House of
Representatives for the 112th Congress defines a congressional
earmark as ``a provision or report language included primarily
at the request of a Member, Delegate, Resident Commissioner, or
Senator providing, authorizing or recommending a specific
amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee,
grant, loan authority, or other expenditure with or to an
entity, or targeted to a specific State, locality or
Congressional district, other than through a statutory or
administrative formula-driven or competitive award process.''.
SEC. 3. STUDY REQUIRED BY BUREAU OF LAND MANAGEMENT.
(a) Study Required.--Beginning not later than 90 days after the
date of the enactment of this Act, the Secretary of the Interior,
acting through the Bureau of Land Management, shall commence a study of
the legal and administrative steps, including obtaining sufficient
funding, necessary to carry out the goals of H.R. 4332 (111th Congress)
referred to in section 2(12)(F).
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Interior shall submit to
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report of
the findings of the study conducted under subsection (a). The report
shall include recommendations on the best means to achieve the goals of
H.R. 4332 (111th Congress) referred to in section 2(12)(F).
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Soledad Canyon Mine Mitigation and Relocation Act of 2012 - Directs the Secretary of the Interior, through the Bureau of Land Management (BLM), to begin a study of the legal and administrative steps, including obtaining sufficient funding, necessary to carry out the goals of the Soledad Canyon High Desert, California Public Lands Conservation and Management Act of 2009.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fathers Count Act of 1998''.
SEC. 2. GRANTS TO STATES TO ENCOURAGE FATHERS TO BECOME BETTER PARENTS.
Title IV of the Social Security Act (42 U.S.C. 601-679b) is amended
by inserting after part B the following:
``PART C--GRANTS TO STATES TO ENCOURAGE FATHERS TO BECOME BETTER
PARENTS
``SEC. 441. STATE PLAN.
``A State desiring to receive a grant under this part shall submit
to the Secretary a plan which describes how the State will--
``(1) review applications from governmental and private
(nonprofit and for profit) organizations for funds provided to
the State under this part, including the criteria that will be
used to award such funds; and
``(2) administer the funds provided to the State under this
part.
``SEC. 442. GRANTS TO STATES.
``(a) Grant Authority.--Subject to the availability of funds, the
Secretary shall make a grant to a State that complies with section 441,
for each fiscal year beginning with fiscal year 2000 that begins after
the date the Secretary receives the State plan submitted pursuant to
section 441, in the amount described in subsection (b).
``(b) Grant Amount.--
``(1) In general.--The amount of the grant to be made to a
State under this part for a fiscal year shall be the amount
that bears the same relation to the amount specified in
paragraph (2) for the fiscal year as the population of the
State (as determined by the Bureau of the Census for the most
recent fiscal year for which information is available) bears to
the population of the United States (as so determined), subject
to section 447.
``(2) Amount specified.--The amount specified in this
paragraph is--
``(A) $200,000,000 for fiscal year 2000;
``(B) $300,000,000 for fiscal year 2001;
``(C) $400,000,000 for fiscal year 2002;
``(D) $500,000,000 for fiscal year 2003; and
``(E) $500,000,000 for fiscal year 2004.
``SEC. 443. USE OF FUNDS.
``(a) In General.--A State to which a grant is made under this
section--
``(1) shall use the grant to fund projects which--
``(A) encourage unmarried or prospective fathers to
get married, and encourage better parenting by fathers
who are living with 1 or more of their children; or
``(B) include activities that help fathers obtain
gainful employment, or help fathers increase their
skills in order to qualify for higher-paying jobs; and
``(2) may use the grant funds to support projects which
emphasize ways for fathers who do not live with 1 or more of
their children to become better parents.
``(b) Targeting of Nongovernmental Organizations.--A State to which
a grant is made under this section shall provide not less than 75
percent of the grant funds to nongovernmental organizations.
``(c) Targeting of Fathers With Annual Income Below State Average
Income of Male Earners.--A State to which a grant is made under this
section shall ensure that not less than 80 percent of the grant funds
are used to provide services for fathers whose income is less than the
State or local average income level for male earners.
``(d) Availability of Funds.--A State to which a grant is made
under this section for a fiscal year shall remit to the Secretary any
funds remaining from the grant that have not been expended by the end
of the next fiscal year.
``SEC. 444. COORDINATION WITH OTHER PROGRAMS.
``(a) Authority To Use Welfare-to-Work and Title XX Funds for
Activities Under This Part.--A State to which a grant is made under
section 441 may use funds provided under section 403(a)(5) or title XX
in any manner described in section 443.
``(b) Administration of Welfare-to-Work Funds.--A State that uses
funds provided under section 403(a)(5) for activities under this part
may administer the funds so used through the State agency responsible
for administering the funds provided under the other provisions of
section 403(a).
``(c) Coordination With TANF Program.--The State shall coordinate
the State program funded under this part with the State program funded
under part A.
``SEC. 445. DISBURSEMENT OF FUNDS BY STATES.
``(a) Appropriation by State Legislature.--Any funds received by a
State under this part shall be subject to appropriation by the State
legislature, consistent with this part.
``(b) Disbursement by Governor.--The Governor of a State to which
funds are provided under this part may disburse the funds consistent
with this part, except as otherwise provided by State law.
``SEC. 446. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR PRIVATE
ORGANIZATIONS.
``(a) State Option.--A State may--
``(1) administer and provide services under the program
under this part through contracts with charitable, religious,
or private organizations; and
``(2) provide beneficiaries of assistance under the program
with certificates, vouchers, or other forms of disbursement
which are redeemable with such organizations.
``(b) Religious Organizations.--The purpose of this section is to
allow States to contract with religious organizations, or to allow
religious organizations to accept certificates, vouchers, or other
forms of disbursement under any program under this part, on the same
basis as any other nongovernmental provider without impairing the
religious character of such organizations, and without diminishing the
religious freedom of beneficiaries of assistance funded under such
program.
``(c) Nondiscrimination Against Religious Organizations.--In the
event a State exercises its authority under subsection (a), religious
organizations are eligible, on the same basis as any other private
organization, as contractors to provide assistance, or to accept
certificates, vouchers, or other forms of disbursement, under any
program under this part so long as the programs are implemented
consistent with the Establishment Clause of the United States
Constitution. Except as provided in subsection (k), neither the Federal
Government nor a State receiving funds under such programs shall
discriminate against an organization which is or applies to be a
contractor to provide assistance, or which accepts certificates,
vouchers, or other forms of disbursement, on the basis that the
organization has a religious character.
``(d) Religious Character and Freedom.--
``(1) Religious organizations.--A religious organization
with a contract described in subsection (a)(1), or which
accepts certificates, vouchers, or other forms of disbursement
under subsection (a)(2), shall retain its independence from
Federal, State, and local governments, including such
organization's control over the definition, development,
practice, and expression of its religious beliefs.
``(2) Additional safeguards.--Neither the Federal
Government nor a State shall require a religious organization
to--
``(A) alter its form of internal governance; or
``(B) remove religious art, icons, scripture, or
other symbols;
in order to be eligible to contract to provide assistance, or
to accept certificates, vouchers, or other forms of
disbursement, funded under a program under this part.
``(e) Rights of Beneficiaries of Assistance.--
``(1) In general.--If an individual described in paragraph
(2) has an objection to the religious character of the
organization or institution from which the individual receives,
or would receive, assistance funded under any program under
this part, the State in which the individual resides shall
provide such individual (if otherwise eligible for such
assistance) within a reasonable period of time after the date
of such objection with assistance from an alternative provider
that is accessible to the individual and the value of which is
not less than the value of the assistance which the individual
would have received from such organization.
``(2) Individual described.--An individual described in
this paragraph is an individual who receives, applies for, or
requests to apply for, assistance under a program under this
part.
``(f) Employment Practices.--A religious organization's exemption
provided under section 702 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-1a) regarding employment practices shall not be affected by its
participation in, or receipt of funds from, programs under this part.
``(g) Nondiscrimination Against Beneficiaries.--Except as otherwise
provided in law, a religious organization shall not discriminate
against an individual in regard to rendering assistance funded under
any program under this part on the basis of religion, a religious
belief, or refusal to actively participate in a religious practice.
``(h) Fiscal Accountability.--
``(1) In general.--Except as provided in paragraph (2), any
religious organization contracting to provide assistance funded
under any program under this part shall be subject to the same
regulations as other contractors to account in accord with
generally accepted auditing principles for the use of such
funds provided under such programs.
``(2) Limited audit.--If such organization segregates
Federal funds provided under such programs into separate
accounts, then only the financial assistance provided with such
funds shall be subject to audit.
``(i) Compliance.--Any party which seeks to enforce its rights
under this section may assert a civil action for injunctive relief
exclusively in an appropriate State court against the entity or agency
that allegedly commits such violation.
``(j) Limitations on Use of Funds for Certain Purposes.--No funds
provided directly to institutions or organizations to provide services
and administer programs under subsection (a)(1) shall be expended for
sectarian worship, instruction, or proselytization.
``(k) Preemption.--Nothing in this section shall be construed to
preempt any provision of a State constitution or State statute that
prohibits or restricts the expenditure of State funds in or by
religious organizations.
``SEC. 447. ENFORCEMENT PROVISIONS.
``(a) In General.--If the Secretary finds that a State has used
funds provided under this part in violation of this part or of any
provision of the State plan submitted under section 441, the Secretary
shall reduce the amount otherwise payable under section 442 to the
State by the amount so misused as the Secretary considers appropriate.
``(b) Limitation on Amount of Penalties.--
``(1) In general.--In imposing penalties under subsection
(a), the Secretary shall not reduce any payment to a State by
more than 10 percent.
``(2) Carryforward of unrecovered penalties.--To the extent
that paragraph (1) of this subsection prevents the Secretary
from recovering during a fiscal year the full amount of
penalties imposed on a State under subsection (a) of this
section for a prior fiscal year, the Secretary shall apply any
remaining amount of such penalties to the grant payable to the
State under this part for the succeeding fiscal year.
``(c) Appeal of Adverse Decisions.--Section 410 shall apply to an
adverse action taken under this part in the same manner in which the
section applies to an adverse action taken under part A.
``SEC. 448. RESEARCH, EVALUATIONS, AND TECHNICAL ASSISTANCE.
``(a) Research.--The Secretary, directly or through grants,
contracts, or interagency agreements, shall conduct research on the
State programs funded under this part.
``(b) Evaluations.--
``(1) In general.--Beginning in fiscal year 2000, the
Secretary, directly or through grants, contracts, or
interagency agreements, shall annually evaluate how grants made
under this part are used, and a State to which a grant is so
made shall cooperate with the Secretary in the conduct of the
evaluations.
``(2) Reports to the congress.--Beginning with fiscal year
2003, and every 2 fiscal years thereafter, the Secretary shall
submit to the Congress a report on the evaluations conducted
under paragraph (1) before the fiscal year.
``(c) Technical Assistance.--The Secretary, directly or through
grants, contracts, or interagency agreements, shall provide States with
technical assistance for the purpose of disseminating information about
successful programs and program components to entities potentially
eligible to receive funds provided under this part.
``(d) Limitations on Authorization of Appropriations.--
``(1) Research and evaluations.--For research and
evaluations under this section, there are authorized to be
appropriated to the Secretary not more than $10,000,000 for
each of fiscal years 2000 through 2004.
``(2) Technical assistance.--For technical assistance under
this section, there are authorized to be appropriated to the
Secretary not more than $10,000,000 for each of fiscal years
2000 through 2004.
``(e) Limited Reprogramming Authority.--During a fiscal year, the
Secretary may use not more than 20 percent of any amount appropriated
under a paragraph of subsection (d) for the fiscal year for the purpose
described in the other subparagraph of subsection (d).
``SEC. 449. DEFINITIONS.
``In this part:
``(1) Fiscal year.--The term `fiscal year' means any 12-
month period ending on September 30 of a calendar year.
``(2) State.--The term `State' means the 50 States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, and
American Samoa.''.
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Fathers Count Act of 1998 - Amends title IV of the Social Security Act to replace part C (Work Incentive Program) with a new part C (Grants to States to Encourage Fathers to Become Better Parents) instructing the Secretary of Health and Human Services, beginning FY 2000, to award grants to States for projects designed to encourage fathers to become better parents. Prescribes grant amounts for FY 2000 through 2004, and State uses for such funds.
Permits States to contract with religious, charitable, or private organizations to provide and administer services under such grants.
Declares religious organizations eligible as contractors to provide assistance or to accept disbursements on the same basis as any other private organization, so long as program implementation complies with the Establishment Clause of the Constitution.
Prohibits discrimination against religious organizations that apply as contractors or accept disbursements under this Act. Delineates safeguards against certain Federal and State requirements with respect to such religious organizations, including an organization's control over the definition, development, practice, and expression of religious beliefs.
Proscribes the use of funds under this Act for sectarian worship, instruction, or proselytization.
Declares that this Act does not preempt any State constitution or statute that prohibits or restricts the expenditure of State funds in or by religious organizations.
Authorizes appropriations.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carrizo Plain National Conservation
Area Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The public lands administered by the Bureau of Land
Management in the State of California within the Carrizo Plain
contain the last remnants of the once vast San Joaquin Valley
grasslands that covered a large expanse of central California.
(2) As a remnant ecosystem, these lands provide the best
remaining contiguous habitat for a number of State or federally
listed endangered species or threatened species, including the
San Joaquin kit fox, the blunt-nosed leopard lizard, the giant
kangaroo rat, and the San Joaquin antelope squirrel, and
numerous other federally or State listed or sensitive plant and
animal species. Many other important species of native wildlife
inhabit the area, such as pronghorn antelope and tule elk.
(3) In addition to its biological diversity, Carrizo Plain
contains nationally significant cultural and historical sites
which are very important to indigenous peoples in the area for
religious and traditional cultural purposes.
(4) The Carrizo Plain area also contains one of the best
and most visible exposures of the geologically unique San
Andreas fault, which is the boundary between the Pacific Plate
(on the west) which moves northward relative to the North
American Plate (on the east) and has and will continue to play
a critical role in the evolution and future of California.
(5) The Carrizo Plain offers unique research, interpretive,
and educational opportunities, and significant recreation
opportunities for the public.
(6) Since 1985, the Carrizo Plain has been cooperatively
managed by the Bureau of Land Management, the California
Department of Fish and Game, and The Nature Conservancy, each
of which owns a part of the Carrizo Plain and all of which work
closely together in a manner that makes jurisdictional
differences among them nearly transparent.
(7) A cooperative management plan has been prepared for the
Carrizo Plain by the Bureau of Land Management, the California
Department of Fish and Game, and The Nature Conservancy, with
full public involvement, that sets the stage for long-term
joint management of the area for public use and enjoyment.
(8) This management plan is based on the agencies' joint
primary mission as set forth in the plan to ``manage the
Carrizo Plain . . . so indigenous species interact within a
dynamic and fully functioning ecosystem in perpetuity while
conserving unique natural and cultural resources and
maintaining opportunities for compatible scientific, cultural,
social, and recreational activities''. In this context, and
under the basic principles of multiple use and sustained yield,
other resource uses, such as livestock grazing and recreation
use, are allowed under the management plan in the conservation
area if they are managed in a manner compatible with that
primary mission.
SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVATION AREA.
(a) Establishment and Purposes.--To preserve the nationally
significant biological, geological, cultural, and recreation values
found in the Carrizo Plain, California, as an enduring legacy of our
heritage, and to secure for future generations the opportunity to
experience those values in an environment rich in biological diversity
and natural beauty, the area described in subsection (b) is hereby
designated as the Carrizo Plain National Conservation Area.
(b) Area Described.--
(1) Boundary map.--The area referred to in subsection (a)
consists of approximately 250,000 acres of lands and waters,
and interests therein, as generally depicted on the map
entitled ``Boundary Map, Carrizo Plain National Conservation
Area'', dated February 1999.
(2) Legal description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file a
legal description of the conservation area with the Committee
on Resources of the House of Representatives and with the
Committee on Energy and Natural Resources of the Senate. Such
legal description shall have the same force and effect as if
included in this Act, subject to paragraph (3).
(3) Revisions and corrections.--The Secretary may--
(A) make minor revisions in the boundary of the
conservation area; and
(B) correct clerical and typographical errors in
the map and legal description referred to in paragraphs
(1) and (2), respectively.
(4) Public availability.--The Secretary shall keep the map
and legal description referred to in paragraphs (1) and (2),
respectively, on file and available for public inspection in
the offices of the Director in the District of Columbia and in
Sacramento and Bakersfield, California.
SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.
(a) In General.--The Secretary, acting through the Director, shall
manage the public lands within the conservation area in a manner that
conserves, protects, and enhances its resources and values in
accordance with this Act, and pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and in accordance with
all applicable laws and the management plan.
(b) Uses.--The Secretary shall allow only such uses of the
conservation area as the Secretary finds will further the purposes for
which the conservation area is designated.
(c) Vehicular Use.--Use of motorized vehicles or mechanized
transport in the conservation area is prohibited, except--
(1) where needed for administrative purposes or to respond
to an emergency; or
(2) on roads and trails that--
(A) existed as of May 11, 1999; and
(B) are specifically designated for such use as
part of the management plan revised pursuant to
subsection (g).
(d) Hunting and Fishing.--Hunting and fishing shall be permitted
within the conservation area in accordance with applicable laws and
regulations of the United States and the State of California; except
that the Secretary, after consultation with the California Department
of Fish and Game, may issue regulations designating zones where and
establishing periods when no hunting or fishing shall be permitted for
reasons of public safety, administration, or public use and enjoyment.
(e) Grazing.--Livestock grazing within the conservation area shall
be conducted in a manner that is compatible with the purposes for which
the conservation area is established. The management plan revised
pursuant to subsection (g) shall specify resource objectives to be met
through grazing within the conservation area.
(f) Interpretive Sites.--The Secretary may establish, in
cooperation with other public or private entities as the Secretary may
consider appropriate, interpretive sites that are minimal in scope to
meet administrative and visitor needs of the conservation area. Any
facilities for such sites shall be designed to protect cultural,
historic, biologic, scientific, and esthetic values of the conservation
area.
(g) Review and Revision of Management Plan.--The Secretary of the
Interior, in cooperation with the Director, the California Department
of Fish and Game, affected landowners, and The Nature Conservancy--
(1) shall, by not later than 1 year after the date of the
enactment of this Act, review the management plan referred to
in section 9(4) and make such revisions in that plan as are
necessary to ensure that it is consistent with the this Act and
with the conservation, enhancement, and protection of the
conservation area; and
(2) may from time to time thereafter make such revisions as
are necessary to ensure that consistency.
(h) Gifts.--The Secretary may accept, receive, hold, administer,
and use any gift, devise, or bequest, absolutely or in trust, of real
or personal property, including any income from or interest in property
or any funds, for management of the conservation area for the purposes
for which the conservation area is established under section 3(a).
(i) Funding Account.--
(1) In general.--To fund management activities for the
conservation area, there is established in the Treasury a
separate account to be known as the Carizzo Plain National
Conservation Area Management Fund.
(2) Contents.--The account shall consist of--
(A) amounts received as fees for activities in the
conservation area;
(B) amounts received by the United States as a
gift, devise, or bequest authorized by subsection (h);
and
(C) amounts appropriated to the account.
(3) Use.--Amounts in the account shall be available to the
Secretary for management of the conservation area pursuant to
the purposes for which the conservation is established under
section 3(a).
(j) Advisory Council.--
(1) Establishment.--The Secretary shall establish a Carrizo
Plain National Conservation Area Advisory Council to advise the
Secretary with respect to preparation and implementation of the
management plan pursuant to subsection (g). The Advisory
Council shall conform to the requirements of the Federal
Advisory Committee Act (88 Stat. 770; 5 U.S.C. App.) and the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.).
(2) Representation.--The Advisory Council shall consist of
15 members to be appointed by the Secretary. The members shall
be persons with local and regional involvement as well as
recognized backgrounds in areas directly related to the
purposes for which the conservation area is designated.
SEC. 5. LAND ACQUISITION.
(a) Land Acquisition.--The Secretary may acquire lands and
interests therein within the conservation area by donation, by
exchange, or by purchase with the consent of the owner thereof.
(b) Management.--Lands or interests therein within the conservation
area so acquired by the United States shall, after the date of the
enactment of this Act, be incorporated into and managed as part of the
conservation area.
SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT.
(a) Withdrawal.--Subject to valid existing rights, all Federal
lands within the conservation area, including all lands or interests
acquired by the United States after the date of enactment of this Act,
are hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws and from location, entry, and
patent under the mining laws of the United States.
(b) Mineral Development.--
(1) In general.--Except as provided in paragraph (2),
mineral development may occur in the conservation area pursuant
to the Act of February 25, 1920 (30 U.S.C. 181 et seq.;
popularly known as the Mineral Leasing Act), and laws
supplementary thereto, or the Act of July 31, 1947 (30 U.S.C.
601 et seq.; popularly known as the Materials Act of 1947), and
laws supplementary thereto, only to the extent that development
is consistent with the management plan.
(2) State and private lands and interests not affected.--
This subsection shall not affect any State or privately owned
lands or interests in lands.
SEC. 7. COOPERATIVE AGREEMENTS.
The Secretary may, consistent with the management plan, enter into
any cooperative agreements or shared management arrangements with any
person for the purposes of management, interpretation, and research of
the conservation area's resources.
SEC. 8. NATIVE AMERICAN USES.
(a) Native American Uses.--The Secretary shall ensure nonexclusive
access to and use of the public lands in the conservation area by
Native Americans for traditional cultural and religious purposes
consistent with the American Indian Religious Freedom Act (42 U.S.C.
1996).
(b) Temporary Closure.--To implement this section, the Secretary
may from time to time temporarily close to general public use any
specific areas of public lands in the conservation area in order to
protect the privacy of Native American religious activities in such
areas. Any such closure shall be made in such manner as will affect the
smallest practicable area for the minimum period necessary for such
purposes.
SEC. 9. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``conservation area''
means the Carrizo Plain National Conservation Area designated
under section 3(a).
(2) California department of fish and game.--The term
``California Department of Fish and Game'' means the public
entity within the State of California's Resources Agency
established by the laws of the State of California to
administer the fish and wildlife resources in the State on
behalf of the people of California.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(4) Management plan.--The term ``management plan'' means
the management plan developed cooperatively by the Bureau of
Land Management, the California Department of Fish and Game,
and The Nature Conservancy, entitled ``The Carrizo Plain
Natural Area Management Plan'' and dated November 1996, as such
plan may be revised by the Secretary under section 4(b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) The nature conservancy.--The term ``The Nature
Conservancy'' means the nonprofit organization established
under laws of the State of Virginia and doing business in that
name.
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Requires the Secretary, in cooperation with the Director, the California Department of Fish and Game, affected landowners, and The Nature Conservancy, to review and make any necessary revisions to the existing management plan.
Establishes in the Treasury a separate Carrizo Plain National Conservation Area Management Fund. Directs the Secretary to establish a Carrizo Plain National Conservation Area Advisory Council for advice and recommendations with respect to management plan preparation and implementation.
Authorizes the Secretary to acquire nongovernment, privately owned lands and interests within the conservation area by donation, exchange, or purchase with the owner's consent.
Withdraws all Federal lands within the conservation area, including all subsequently acquired lands or interests, from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under Federal mining laws. Allows mineral development in the conservation area only to the extent consistent with the management plan.
Authorizes the Secretary to enter into cooperative agreements or shared management arrangements with any person for management, interpretation, and research of the conservation area's resources.
Directs the Secretary to ensure nonexclusive access to and use of the public lands in the conservation area by Native Americans for traditional cultural and religious purposes consistent with the American Indian Religious Freedom Act. Permits the Secretary from time to time temporarily to specific areas in such lands close to general public use in order to protect the privacy of Native American religious activities.
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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 ``Ensuring Military Readiness Through
Stability and Predictability Deployment Policy Act''.
SEC. 2. MINIMUM PERIODS OF REST AND RECUPERATION FOR UNITS OF THE ARMED
FORCES BETWEEN DEPLOYMENTS.
(a) Regular Components.--
(1) In general.--No unit of the Armed Forces specified in
paragraph (3) may be deployed in support of a covered military
operation unless the period between the most recent previous
deployment of the unit and a subsequent deployment of the unit
is equal to or longer than the period of such most recent
previous deployment.
(2) Sense of congress on optimal minimum period between
deployments.--It is the sense of Congress that the optimal
minimum period between the most recent previous deployment of a
unit of the Armed Forces specified in paragraph (3) and a
subsequent deployment of the unit in support of a covered
military operation should be equal to or longer than twice the
period of such most recent previous deployment.
(3) Covered units.--Subject to subsection (c), the units of
the Armed Forces specified in this paragraph are as follows:
(A) Units of the regular Army and members assigned
to those units.
(B) Units of the regular Marine Corps and members
assigned to those units.
(C) Units of the regular Navy and members assigned
to those units.
(D) Units of the regular Air Force and members
assigned to those units.
(b) Reserve Components.--
(1) In general.--No unit of the Armed Forces specified in
paragraph (3) may be deployed in support of a covered military
operation unless the period between the most recent previous
deployment of the unit and a subsequent deployment of the unit
is at least three times longer than the period of such most
recent previous deployment.
(2) Sense of congress on mobilization and optimal minimum
period between deployments.--It is the sense of Congress that
the units of the reserve components of the Armed Forces should
not be mobilized continuously for more than one year, and the
optimal minimum period between the previous deployment of a
unit of the Armed Forces specified in paragraph (3) and a
subsequent deployment of the unit in support of a covered
military operation should be five years.
(3) Covered units.--The units of the Armed Forces specified
in this paragraph are as follows:
(A) Units of the Army Reserve and members assigned
to those units.
(B) Units of the Army National Guard and members
assigned to those units.
(C) Units of the Marine Corps Reserve and members
assigned to those units.
(D) Units of the Navy Reserve and members assigned
to those units.
(E) Units of the Air Force Reserve and members
assigned to those units.
(F) Units of the Air National Guard and members
assigned to those units.
(c) Exemptions.--The limitations in subsections (a) and (b) do not
apply--
(1) to special operations forces as identified pursuant to
section 167(i) of title 10, United States Code; and
(2) to units of the Armed Forces needed, as determined by
the Secretary of Defense, to assist in the redeployment of
members of the Armed Forces from a covered military operation
to another operational requirement or back to their home
stations.
(d) Waiver by the President.--The President may waive the
limitation in subsection (a) or (b) with respect to the deployment of a
unit of the Armed Forces to meet a threat to the national security
interests of the United States if the President certifies to Congress
within 30 days that the deployment of the unit is necessary for such
purposes.
(e) Waiver by Military Chief of Staff or Commandant for Voluntary
Mobilizations.--
(1) Army.--With respect to the deployment of a member of
the Army who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the Chief
of Staff of the Army.
(2) Navy.--With respect to the deployment of a member of
the Navy who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the Chief
of Naval Operations.
(3) Marine corps.--With respect to the deployment of a
member of the Marine Corps who has voluntarily requested
mobilization, the limitation in subsection (a) or (b) may be
waived by the Commandant of the Marine Corps.
(4) Air force.--With respect to the deployment of a member
of the Air Force who has voluntarily requested mobilization,
the limitation in subsection (a) or (b) may be waived by the
Chief of Staff of the Air Force.
(f) Definitions.--In this Act:
(1) Covered military operation.--The term ``covered
military operation'' means--
(A) Operation Iraqi Freedom; and
(B) Operation Enduring Freedom, including
participation in the NATO International Security
Assistance Force (Afghanistan).
(2) Deployment.--The term ``deployment'' or ``deployed''
means the relocation of forces and materiel to desired areas of
operations and encompasses all activities from origin or home
station through destination, including staging, holding, and
movement in and through the United States and all theaters of
operation.
(3) Unit.--The term ``unit'' means a unit that is
deployable and is commanded by a commissioned officer of the
Army, Navy, Air Force, or Marine Corps serving in the grade of
major or, in the case of the Navy, lieutenant commander, or a
higher grade.
(g) Effective Date.--This Act shall take effect on the date of the
enactment of this Act.
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Ensuring Military Readiness Through Stability and Predictability Deployment Policy Act - Prohibits any unit of the regular Armed Forces from being deployed for Operations Iraqi Freedom or Enduring Freedom unless the period between the most recent previous deployment and a subsequent deployment is equal to or longer than the period of the most recent previous deployment. Expresses the sense of Congress that the optimal minimum period between such deployments should be equal to or longer than twice the period of the most recent previous deployment.
Prohibits any unit of the reserves from being deployed for such Operations unless the period between the most recent previous deployment and a subsequent deployment is at least three times longer than the period of the most recent previous deployment. Expresses the sense of Congress that units of the reserves should not be mobilized continuously for more than one year, and that the optimal minimum period between such deployments should be five years.
Provides exceptions from deployment requirements.
Authorizes the President or chief of staff of the military department concerned to waive such requirements under certain circumstances.
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billsum_train
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Barriers to Learning Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Interventions to increase students' bonding to school
promote academic success by reducing barriers to learning.
(2) Interventions that foster students' engagement in
school have been shown to reduce high school dropout rates.
(3) Interventions that strengthen students' social,
emotional, and decision-making skills also positively impact
their academic achievement, both in terms of higher
standardized test scores and better grades.
(4) Prevention and early intervention programs that target
elementary school-aged students who are academically and
socially at risk have been shown to produce declines in special
education referrals and placement, suspension, grade retention,
and disciplinary referrals.
(5) Students with barriers to learning, such as low levels
of resilience assets (such as high expectations and caring
relationships at school), have lower levels of academic
achievement both in low- and high-performing schools.
(6) Increasing students' engagement and sense of community
in the school produces reductions in problem behaviors,
increased associations with prosocial peers, and better
academic performance.
(7) School mental health programs improve educational
outcomes by decreasing absences and discipline referrals and
improving test scores.
(8) Students who receive social-emotional support and
prevention services achieve better academically in school.
(9) While it is well recognized that mental health directly
affects children's learning and development, in a recent study
one-third of school districts reported decreased funding for
school mental health services at the same time that two-thirds
reported increased need for such services.
(10) School counseling programs are essential for students
to achieve optimal personal growth, acquire positive social
skills and values, set appropriate career goals, and realize
full academic potential to become productive, contributing
members of the world community.
(11) 70 percent of children receiving services from speech-
language pathologists make progress in emergent literacy
skills, and 75 percent make progress in word recognition, an
important component of literacy skills; over two-thirds of
classroom teachers report that students receiving these
services show improved reading skills in the classroom.
(12) Use of creative arts therapies (including art therapy,
dance/movement therapy, and music therapy) promote learning and
skill acquisition (including enhanced literacy skills),
increased attention, improved behavior, increased
socialization, improved receptive/expressive language, self-
expression, and a more positive attitude for learning.
(13) 97 percent of children in the United States spend
their days at school. Therefore, the school can be an important
site where health and education risks (such as depression,
absenteeism, and substance use) may be identified and timely
interventions initiated.
(14) Whole-school interventions using positive behavior
support have been shown to decrease behavior problems while
improving academic performance, as measured by standardized
tests in reading and mathematics.
(15) Branches of Federal agencies need to re-evaluate
policies aimed at enhancing school-based mental health and
become more proactive in providing leadership to achieve
integrated, collaborative, and effective programs aimed at
improving the mental health of America's children.
(16) 20 percent of the 53 million children attending school
in the United States will, at some point, meet the criteria for
a diagnosable mental illness at a level of impairment that
requires some type of intervention. Thus, there is the
potential that over 10 million children will need some type of
help to meet the goals relating to emotional well-being in the
No Child Left Behind Act of 2001.
(17) More than three-quarters of schools have a coordinator
of mental health and social services in the school; nearly two-
thirds of school districts have a coordinator who serves this
role; and one-half of the States have a coordinator of school
mental health and social services. However, there is currently
no person responsible for overseeing or promoting these
services and supports in the Department of Education.
SEC. 3. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
(a) In General.--The Department of Education Organization Act (20
U.S.C. 3401 et seq.) is amended by redesignating sections 219 and 220
as sections 220 and 221, respectively, and by inserting after section
218 the following new section:
``SEC. 219. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
``(a) Establishment.--There shall be, in the Department, an Office
of Specialized Instructional Support Services (referred to in this
section as the `Office').
``(b) Director.--
``(1) Appointment and reporting.--The Office shall be under
the direction of the Director of Specialized Instructional
Support Services who shall be appointed by the Secretary and
who shall report directly to the Deputy Secretary.
``(2) Functions.--The Director of Specialized Instructional
Support Services, through the Office, shall carry out the
following activities:
``(A) Improve specialized instructional support
services in schools in order to better address barriers
to student learning and improve academic achievement
and educational results for students.
``(B) Identify scientifically-based practices in
specialized instructional support services that
effectively address barriers to education and improve
both academic achievement and educational results for
students.
``(C) Provide continuous training and professional
development opportunities for specialized instructional
support services personnel and other personnel in the
use of effective techniques to address academic,
behavioral, and functional needs.
``(D) Provide technical assistance to State
specialized instructional support coordinators, if any,
as well as to local and State educational agencies in
the provision of effective, scientifically-based
specialized instructional support services.
``(E) Coordinate specialized instructional support
services programs and services in schools between the
Department and other Federal agencies, as
appropriate.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by redesignating the items relating to sections 219 and 220 as
relating to sections 220 and 221, respectively, and by inserting after
the item relating to section 218 the following new item:
``Sec. 219. Office of Specialized Instructional Support Services.''.
SEC. 4. GRANTS TO STATE EDUCATIONAL AGENCIES TO REDUCE BARRIERS TO
LEARNING.
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended by redesignating part I
as part J and by inserting after part H the following new part:
``PART I--REDUCED BARRIERS TO LEARNING
``SEC. 1901. PURPOSES.
``The purposes of this part are--
``(1) to build the capacity of States to identify and
respond to the need for specialized instructional support
services at the district level in order to promote student
success for all students;
``(2) to promote comprehensive and coordinated delivery of
services within and across Federal, State, and local
educational agencies and in collaboration with available
community agencies supports and services;
``(3) to promote evidenced-based practices that have
demonstrated effectiveness in reducing barriers to learning and
improving student outcomes;
``(4) to monitor the access, use, availability, and
adequacy of resources, services, and personnel designed to
specifically address barriers to learning at the district and
individual school level;
``(5) to assist in the recruitment, retention, and adequate
staffing of specialized instructional support services to meet
the needs of students experiencing barriers to learning at the
district and individual school level; and
``(6) to improve shared accountability for student outcomes
by all school personnel.
``SEC. 1902. GRANTS TO STATE EDUCATIONAL AGENCIES.
``(a) Grants.--
``(1) In general.--The Secretary may award competitive
grants under this part to State educational agencies--
``(A) to establish or expand specialized
instructional support services and programs at the
State level that are designed to provide technical
assistance, and coordinate and support specialized
instructional support services and programs, for the
purpose of addressing barriers to learning within local
educational agencies and individual schools; and
``(B) to hire and support specialized instructional
support services coordinators to provide such
assistance, coordination, and support.
``(2) Barriers to learning.--For purposes of this part, the
term `barriers to learning' include any social, emotional,
behavioral, physical, environmental, or academic factor that
substantially interferes with a student's ability to achieve
academically at proficient levels and successfully complete
high school. Such factors may include acute or transitional
factors such as family conflict, homelessness, geographic
relocation, grief and loss, emotional stress, mental or
physical illness, or mild learning problems, and more chronic
or severe factors commonly associated with a disability.
``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications that demonstrate--
``(1) the greatest financial need based upon the number of
students identified as requiring specialized instructional
support services and programs in order to overcome barriers to
learning and academic achievement;
``(2) the greatest need based upon the limited amount of
resources, services, or personnel (within local educational
agencies and individual schools) available to specifically
address barriers to learning and academic achievement; and
``(3) the greatest potential for program sustainability
following the completion of the grant's duration.
``(c) Matching Requirement.--To be eligible to receive a grant
under this section, a State educational agency shall provide non-
Federal matching funds equal to not less than 50 percent of the amount
of the grant.
``(d) Duration.--Grants under this section shall be awarded for a
period of not more than 5 years.
``(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 15 percent
of the grant funds for administrative expenses.
``(f) Supplement; Not Supplant.--Funds made available under this
part shall be used to supplement, and not supplant, any other Federal,
State, or local funds that would otherwise be available to carry out
the activities assisted under this part.
``SEC. 1903. STATE APPLICATIONS.
``(a) In General.--Each State educational agency seeking a grant
under this part shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
``(b) Contents.--Each application for a grant under this section
shall also describe--
``(1) the needs of the State in meeting the purposes of
this part;
``(2) if a State intends to hire a specialized
instructional support services coordinator, the qualifications
of the specialized instructional support services coordinators
demonstrating that personnel are knowledgeable and experienced
in school systems, operations, and the specific role and
function of specialized instructional support services;
``(3) the specific leadership activities to be performed by
the coordinators in order to address such purposes;
``(4) the school population to be targeted for services by
the specialized instructional support services;
``(5) the specific student outcomes expected as a result of
delivering these services;
``(6) the adequacy of staffing as compared to student needs
for specialized instructional support services personnel,
especially personnel representing diverse cultural populations;
``(7) the proposed strategies for recruiting and retaining
specialized instructional support services personnel, including
professional development, mentoring, and hiring incentives;
``(8) the methods to be used to evaluate the outcomes and
effectiveness of the program; and
``(9) how the State and local educational agencies will
involve community groups, social service agencies, and other
public and private entities in coordinated, collaborative
efforts to reduce barriers to learning.
``SEC. 1904. EVALUATION AND REPORTING.
``(a) In General.--The Secretary shall evaluate the programs
assisted under this part.
``(b) Reporting.--Not later than 3 years after grants are awarded
under this part to the State educational agencies, the Secretary shall
make publicly available a report--
``(1) detailing the results of the Secretary's evaluation
of each program assisted pursuant to a grant under this part;
``(2) demonstrating how each State educational agency
receiving a grant under this part reduced barriers to learning
for students; and
``(3) demonstrating how each State educational agency
receiving a grant under this part improved the coordination and
collaboration of specialized instructional support services at
the local and individual school level and with community
groups, social services agencies, or other public or private
service agencies working to reduce barriers to learning.
``SEC. 1905. AUTHORIZATIONS.
``There are authorized to carry out this part such sums as may be
necessary for fiscal year 2008 and each of the 5 succeeding fiscal
years.''.
(b) References to Public Services and Personnel.--
(1) The Elementary and Secondary Education Act of 1965 is
amended--
(A) by striking ``pupil services'' each place it
appears in sections 1114(b)(1)(B)(iii)(I)(aa), 1416(4),
and 4152(2) and inserting ``specialized instructional
support services'', and
(B) by striking ``pupil services personnel'' each
place it appears and inserting ``specialized
instructional support personnel''.
(2) Paragraph (36) of section 9101 of such Act (20 U.S.C.
7801) is amended to read as follows:
``(36) Specialized instructional support personnel;
specialized instructional support services.--
``(A) Specialized instructional support
personnel.--The term `specialized instructional support
personnel' means school counselors, school social
workers, school psychologists, and other qualified
professional personnel involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services (including
related services as that term is defined in section 602
of the Individuals with Disabilities Education Act) as
part of a comprehensive program to meet student needs.
``(B) Specialized instructional support services.--
The term `specialized instructional support services'
means the services provided by specialized
instructional support personnel.''.
(c) Clerical Amendments.--
(1) Sections 1901 through 1908 of part J of title I of the
Elementary and Secondary Education Act of 1965 (as redesignated
by subsection (a)) are redesignated as sections 1921 through
1928, respectively.
(2) The table of contents for the Elementary and Secondary
Education Act of 1965 is amended by striking the items relating
to part I of title I and inserting the following new items:
``Part I--Reduced Barriers to Learning
``Sec. 1901. Purposes.
``Sec. 1902. Grants to State educational agencies.
``Sec. 1903. State applications.
``Sec. 1904. Evaluation and reporting.
``Sec. 1905. Authorizations.
``Part J--General Provisions
``Sec. 1921. Federal regulations.
``Sec. 1922. Agreements and records.
``Sec. 1923. State administration.
``Sec. 1924. Local educational agency spending audits.
``Sec. 1925. Prohibition against Federal mandates, direction, or
control.
``Sec. 1926. Rule of construction on equalized spending.
``Sec. 1927. State report on dropout data.
``Sec. 1928. Regulations for sections 1111 and 1116.''.
(3) Section 1922 of such Act, as redesignated by paragraph
(1), is amended by striking ``1901'' and inserting ``1921''.
(4) Paragraph (11) of section 1111(c) of such Act is
amended by striking ``1903(b)'' and inserting ``1923(b)''.
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Reducing Barriers to Learning Act of 2007 - Amends the Department of Education Organization Act to create an Office of Specialized Instructional Support Services within the Department of Education to improve specialized instructional support services in schools.
Amends the Elementary and Secondary Education Act of 1965 to establish a Reduced Barriers to Learning program authorizing the Secretary of Education to award competitive matching grants to states to: (1) establish or expand specialized instructional support services and programs at the state level that are designed to provide technical assistance, coordination, and support to specialized instructional support services and programs that address barriers to learning within local educational agencies and individual schools; and (2) to hire and support specialized instructional support services coordinators to provide such assistance, coordination, and support.
Replaces pupil services and pupil services personnel with specialized instructional support services and specialized instructional support personnel.
Defines such services as those provided by school counselors, social workers, psychologists, and other qualified professionals that provide assessment, diagnosis, counseling, educational, therapeutic, and other necessary services as part of a comprehensive program to meet student needs.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Compliance Assistance
Enhancement Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Small businesses represent 99.7 percent of all
employers, employ half of all private sector employees, and pay
44.3 percent of total United States private payroll.
(2) Small businesses generate 60 to 80 percent of net new
jobs annually over the last decade.
(3) Very small firms with fewer than 20 employees spend 60
percent more per employee than larger firms to comply with
Federal regulations. Small firms spend twice as much on tax
compliance as their larger counterparts. Based on an analysis
in 2001, firms employing fewer than 20 employees face an annual
regulatory burden of nearly $7,000 per employee, compared to a
burden of almost $4,500 per employee for a firm with over 500
employees.
(4) Section 212 of the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 601 note) requires agencies
to produce small entity compliance guides for each rule or
group of rules for which an agency is required to prepare a
final regulatory flexibility analysis under section 604 of
title 5, United States Code.
(5) The Government Accountability Office has found that
agencies have rarely attempted to comply with section 212 of
the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 601 note). When agencies did try to comply with that
requirement, they generally did not produce adequate compliance
assistance materials.
(6) The Government Accountability Office also found that
section 212 of the Small Business Regulatory Enforcement
Fairness Act (5 U.S.C. 601 note) and other sections of that Act
need clarification to be effective.
(b) Purposes.--The purposes of this Act are the following:
(1) To clarify the requirement contained in section 212 of
the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 601 note) for agencies to produce small entity
compliance guides.
(2) To clarify other terms relating to the requirement in
section 212 of the Small Business Regulatory Enforcement
Fairness Act (5 U.S.C. 601 note).
(3) To ensure that agencies produce adequate and useful
compliance assistance materials to help small businesses meet
the obligations imposed by regulations affecting such small
businesses, and thereby to increase compliance with these
regulations.
SEC. 3. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES.
(a) In General.--Section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by
striking subsection (a) and inserting the following:
``(a) Compliance Guide.--
``(1) In general.--For each rule for which an agency head
does not make a certification under section 605(b) of title 5,
United States Code, the agency shall publish 1 or more guides
to assist small entities in complying with the rule, and shall
entitle such publications `small entity compliance guides'.
``(2) Publication of guides.--The publication of each guide
under this subsection shall include--
``(A) the posting of the guide in an easily
identified location on the website of the agency; and
``(B) distribution of the guide to known industry
contacts, such as small entities, associations, or
industry leaders affected by the rule.
``(3) Publication date.--An agency shall publish each guide
(including the posting and distribution of the guide as
described under paragraph (2))--
``(A) on the same date as the date of publication
of the final rule (or as soon as possible after that
date); and
``(B) not later than the date on which the
requirements of that rule become effective.
``(4) Compliance actions.--
``(A) In general.--Each guide shall explain the
actions a small entity is required to take to comply
with a rule.
``(B) Explanation.--The explanation under
subparagraph (A)--
``(i) shall include a description of
actions needed to meet requirements to enable a
small entity to know when such requirements are
met; and
``(ii) if determined appropriate by the
agency, may include a description of possible
procedures, such as conducting tests, that
assist a small entity in meeting such
requirements.
``(C) Procedures.--Procedures described under
subparagraph (B)(ii)--
``(i) shall be suggestions to assist small
entities; and
``(ii) shall not be additional requirements
relating to the rule.
``(5) Agency preparation of guides.--The agency shall, in
its sole discretion, taking into account the subject matter of
the rule and the language of relevant statutes, ensure that the
guide is written using sufficiently plain language likely to be
understood by affected small entities. Agencies may prepare
separate guides covering groups or classes of similarly
affected small entities, and may cooperate with associations of
small entities to develop and distribute such guides. An agency
may prepare guides and apply this section with respect to a
rule or a group of related rules.''.
(b) Technical and Conforming Amendment.--Section 211(3) of the
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
601 note) is amended by inserting ``and entitled'' after
``designated''.
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Small Business Compliance Assistance Enhancement Act of 2004 - Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require an agency to prepare a compliance guide to assist small entities in complying with a Federal regulation whenever an agency determines that a Federal regulation will have a significant economic impact on a substantial number of small entities.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Efficiency Energy Act of
2007''.
SEC. 2. DEFINITIONS.
(a) Automobile.--Section 32901(a)(3) of title 49, United States
Code, is amended--
(1) by striking ``4-wheeled''; and
(2) by striking ``, and rated at--'' and all that follows
and inserting a period.
(b) Medium-Duty Truck.--Section 32901(a) of such title is amended--
(1) by redesignating paragraphs (14), (15), and (16) as
paragraphs (15), (16), and (17), respectively; and
(2) by inserting after paragraph (13) the following:
``(14) `medium-duty truck' means a truck (as defined in
section 30127) with a gross vehicle weight between 10,000 and
26,000 pounds.''.
(c) Passenger Automobile.--Section 32901(a)(17) of such title, as
redesignated by subsection (b)(1), is amended by striking ``decides by
regulation--'' and all that follows through the period and inserting
``determines by regulation, to have a significant feature (except 4-
wheel drive) designed for off-highway operation.''.
(d) Fuel Economy Information.--Section 32908(a) of such title is
amended--
(1) in the subsection heading, by striking ``Definitions''
and inserting ``Definition''; and
(2) by striking ``section--'' and all that follows through
``(2)'' and inserting ``section, the term''.
SEC. 3. ANNUAL INCREASE IN AVERAGE FUEL ECONOMY STANDARDS.
(a) Fuel Efficiency Standards.--
(1) In general.--Section 32902 of title 49, United States
Code, is amended by striking subsections (a) through (c) and
inserting the following:
``(a) In General.--Not later than 18 months before the beginning of
each model year beginning with model year 2012, the Secretary of
Transportation, shall prescribe, by regulation, average fuel economy
standards for automobiles manufactured by a manufacturer for that model
year in accordance with subsection (b). The Secretary of Transportation
shall prescribe separate average fuel economy standards for different
classes of automobiles. The Secretary shall establish average fuel
economy standards for medium-duty trucks that are consistent with the
projected benefits of hybridization.
``(b) Annual Increases in Fuel Economy Standards.--
``(1) For model year 2012.--For model year 2012, the
average fuel economy standard for each class of automobiles
shall be the average combined highway and city miles per gallon
performance of all automobiles within that class of automobiles
in 2011 (rounded to the nearest \1/10\ mile per gallon).
``(2) For model years after model year 2012.--For each
model year beginning with model year 2013 and ending with model
year 2030, the average fuel economy attained by the fleet of
automobiles manufactured or sold in the United States shall be
at least 4 percent greater than the average fuel economy
standard for the fleet in the previous model year (rounded to
the nearest \1/10\ mile per gallon).
``(c) Amending Fuel Economy Standards.--
``(1) In general.--Notwithstanding subsections (a) and (b),
the Secretary of Transportation may prescribe an average fuel
economy standard for a class of automobiles in a model year
that is lower than the standard required under subsection (b)
if the Secretary of Transportation, in consultation with the
National Academy of Sciences, determines that the average fuel
economy standard prescribed in accordance with subsections (a)
and (b) for that class of automobiles in that model year--
``(A) is not technologically achievable;
``(B) cannot be achieved without materially
reducing the overall safety of automobiles manufactured
or sold in the United States and no offsetting safety
improvements can be practicably implemented for that
model year; or
``(C) is shown not to be cost effective.
``(2) Maximum standard.--Any average fuel economy standard
prescribed for a class of automobiles in a model year under
paragraph (1) shall be the maximum standard that--
``(A) is technologically achievable;
``(B) can be achieved without materially reducing
the overall safety of automobiles manufactured or sold
in the United States; and
``(C) is cost effective.
``(3) Considerations in determination of cost
effectiveness.--In determining cost effectiveness under
paragraph (1)(C), the Secretary of Transportation shall take
into account the total value to the United States of reduced
petroleum use, including the value of reducing external costs
of petroleum use, using a value for such costs equal to 50
percent of the value of 1 gallon of gasoline saved or the
amount determined in an analysis of the external costs of
petroleum use that considers--
``(A) value to consumers;
``(B) economic security;
``(C) national security;
``(D) foreign policy;
``(E) the impact of oil use--
``(i) on sustained cartel rents paid to
foreign suppliers;
``(ii) on long-run potential gross domestic
product due to higher normal-market oil price
levels, including inflationary impacts;
``(iii) on import costs, wealth transfers,
and potential gross domestic product due to
increased trade imbalances;
``(iv) on import costs and wealth transfers
during oil shocks;
``(v) on macroeconomic dislocation and
adjustment costs during oil shocks;
``(vi) on the cost of existing energy
security policies, including the management of
the Strategic Petroleum Reserve;
``(vii) on the timing and severity of the
oil peaking problem;
``(viii) on the risk, probability, size,
and duration of oil supply disruptions;
``(ix) on the strategic behavior of the
Organization of the Petroleum Exporting
Countries and long-run oil pricing;
``(x) on the short term elasticity of
energy demand and the magnitude of price
increases resulting from a supply shock;
``(xi) on oil imports, military costs, and
related security costs, including intelligence,
homeland security, sea lane security and
infrastructure, and other military activities;
``(xii) on oil imports, diplomatic and
foreign policy flexibility, and connections to
geopolitical strife, terrorism, and
international development activities;
``(xiii) all relevant environmental hazards
under the jurisdiction of the Environmental
Protection Agency; and
``(xiv) on well-to-wheels urban and local
air emissions of pollutants and their
uninternalized costs;
``(F) the impact of the oil or energy intensity of
the United States economy on the sensitivity of the
economy to oil price changes, including the magnitude
of gross domestic product losses in response to short
term price shocks or long term price increases;
``(G) the impact of United States payments for oil
imports on political, economic, and military
developments in unstable or unfriendly oil-exporting
countries;
``(H) the uninternalized costs of pipeline and
storage oil seepage, and for risk of oil spills from
production, handling, and transport, and related
landscape damage; and
``(I) additional relevant factors, as determined by
the Secretary.
``(4) Minimum valuation.--When considering the value to
consumers of a gallon of gasoline saved, the Secretary of
Transportation may not use a value less than the greatest of--
``(A) the average national cost of a gallon of
gasoline sold in the United States during the 12-month
period ending on the date on which the new fuel economy
standard is proposed;
``(B) the most recent weekly estimate by the Energy
Information Administration of the Department of Energy
of the average national cost of a gallon of gasoline
(all grades) sold in the United States; and
``(C) the gasoline prices projected by the Energy
Information Administration for the 20-year period
beginning in the year following the year in which the
standards are established.''.
(2) Conforming amendments.--Title 49, United States Code,
is amended--
(A) in section 32902--
(i) in subsection (d) by striking
``subsection (b) or (c) of this section'' and
inserting ``subsection (a), (b), or (c)'';
(ii) by striking subsection (f);
(iii) in subsection (g)--
(I) by striking ``subsection (a) or
(d)'' and inserting ``this section'';
and
(II) by striking ``(and submit the
amendment to Congress when required
under subsection (c)(2) of this
section)''; and
(iv) in subsection (h) by striking
``subsections (c), (f), and (g) of this
section'' and inserting ``subsections (c) and
(g)'';
(B) in section 32903--
(i) by striking ``section 32902(b)-(d) of
this title'' each place it occurs and inserting
``subsections (a) through (d) of section
32902''; and
(ii) in subsection (e), by striking
``section 32902(a) of this title'' and
inserting ``subsections (a) through (d) of
section 32902''; and
(C) in section 32904--
(i) in subsection (a)--
(I) by striking ``subject to--''
and all that follows through ``(B)
section 32902(a)-(d) of this title''
and inserting ``subject to subsections
(a) through (d) of section 32902''; and
(II) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively.
(b) Repeal of Credit for Dual Fueled Automobiles.--
(1) In general.--Section 32905 of title 49, United States
Code, is amended--
(A) by amending subsection (b) to read as follows:
``(b) Dual Fueled Automobiles.--The Administrator of the
Environmental Protection Agency shall measure the fuel economy for any
model of dual fueled automobile manufactured in model year 2012 and any
model year thereafter, in accordance with section 32904.''; and
(B) by amending subsection (d) to read as follows:
``(d) Gaseous Fuel Dual Fueled Automobiles.--The Administrator of
the Environmental Protection Agency shall measure the fuel economy for
any model of gaseous fuel dual fueled automobile manufactured in model
year 2012 and any model year thereafter, in accordance with section
32904.''.
(2) Conforming amendments.--Section 32905 of such title is
further amended--
(A) by striking subsection (f); and
(B) redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.
SEC. 4. REQUIREMENT TO INCREASE PERCENTAGE OF DUAL FUELED AUTOMOBILES.
Section 32902 of title 49, United States Code, as amended by
section 3, is further amended by inserting after subsection (e) the
following:
``(f) Requirement for Annual Increase in Duel Fueled Automobiles.--
Each manufacturer shall ensure that the percentage of automobiles
manufactured by such manufacturer in each of model years 2012 through
2022 that are dual fueled automobiles is not less than 10 percent
greater than the percentage of automobiles manufactured by such
manufacturer in the previous model year that are dual fueled
automobiles.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall--
(1) take effect on January 1, 2010; and
(2) apply to automobiles manufactured for model year 2012
and for each subsequent model year.
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Fuel Efficiency Energy Act of 2007 - Amends corporate average fuel economy (CAFE) provisions to revise the definition of: (1) "automobile" to mean any vehicle that is propelled by fuel, or by alternative fuel, and is manufactured primarily for use on public streets, roads, and highways (currently, four-wheeled vehicles that are so propelled and manufactured for such use and that are up to 6,000 pounds and certain vehicles between 6,000 and 10,000 pounds); and (2) "passenger automobile" to eliminate the exception for 4-wheel drive automobiles and vehicles weighing more than 6,000 pounds. Defines "medium-duty truck" as a truck with a gross vehicle weight between 10,000 and 26,000 pounds.
Requires the Secretary of Transportation to: (1) prescribe separate increased minimum CAFE standards for different classes of automobiles manufactured beginning for model year 2012, but adds an increase of 4% per year in such standard for model years 2013 through 2030; and (2) establish CAFE standards for medium-duty trucks that are consistent with hybridization beginning for model year 2012.
Revises the calculation of fuel economy standards for dual fueled automobiles and gaseous fuel dual fueled automobiles manufactured in model year 2012 and beyond to require using the same calculation provisions as used for gas or diesel fueled vehicles. Repeals provisions allowing the Department of Transportation (DOT) to extend manufacturing credits for such automobiles.
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Provide a summary of the following text: SECTION 1. EXTENSION OF EXPIRING AUTHORITIES OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Hospital Care and Medical Services for Persian Gulf Veterans
Exposed to Toxic Substances.--(1) Section 1710(e) of title 38, United
States Code, is amended--
(A) in paragraph (1)(C), by inserting ``becoming manifest
before January 1, 1997,'' after ``for any disability''; and
(B) in paragraph (3), by striking out ``December 31, 1995''
and inserting in lieu thereof ``December 31, 1998''.
(2) Section 1712(a)(1)(D) of such title is amended--
(A) by striking out ``December 31, 1995'' and inserting in
lieu thereof ``December 31, 1998''; and
(B) by inserting ``becoming manifest before January 1,
1997,'' after ``for any disability''.
(b) Contract Authority for Alcohol and Drug Abuse Care.--Subsection
(e) of section 1720A of such title is amended by striking out
``December 31, 1995'' and inserting in lieu thereof ``December 31,
1997''.
(c) Nursing Home Care Alternatives.--(1) Section 1720C(a) of such
title is amended by striking out ``September 30, 1995'' and inserting
in lieu thereof ``December 31, 1997''.
(2) The Secretary of Veterans Affairs shall submit to Congress, not
later than March 31, 1997, a report on the medical efficacy and cost
effectiveness, and disadvantages and advantages, associated with the
use by the Secretary of noninstitutional alternatives to nursing home
care.
(d) Health Scholarships Program.--(1) Section 7618 of such title is
amended by striking out ``December 31, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(2)(A) The Secretary of Veterans Affairs shall submit to Congress,
not later than March 31, 1997, a report setting forth the results of a
study evaluating the operation of the health professional scholarship
program under subchapter II of chapter 76 of title 38, United States
Code. The study shall evaluate the efficacy of the program with respect
to recruitment and retention of health care personnel for the
Department of Veterans Affairs and shall compare the costs and benefits
of the program with the costs and benefits of alternative methods of
ensuring adequate recruitment and retention of such personnel.
(B) The Secretary shall carry out the study under this paragraph
through a private contractor. The report under subparagraph (A) shall
include the report of the contractor and the comments, if any, of the
Secretary on that report.
(e) Enhanced-Use Leases of Real Property.--(1) Section 8169 of such
title is amended by striking out ``December 31, 1995'' and inserting in
lieu thereof ``December 31, 1997''.
(2) The Secretary of Veterans Affairs shall submit to Congress, not
later than March 31, 1997, a report evaluating the operation of the
program under subchapter V of chapter 81 of title 38, United States
Code.
(f) Community-Based Residential Care for Homeless Chronically
Mentally Ill Veterans.--Section 115(d) of the Veterans' Benefits and
Services Act of 1988 (Public Law 100-322; 38 U.S.C. 1712 note) is
amended by striking out ``September 30, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(g) Demonstration Program of Compensated Work Therapy and
Therapeutic Transitional Housing.--Section 7 of Public Law 102-54 (38
U.S.C. 1718 note) is amended--
(1) in subsection (a), by striking out ``During fiscal
years 1991 through 1995, the Secretary'' and inserting in lieu
thereof ``The Secretary''; and
(2) by adding at the end the following:
``(m) Sunset.--The authority for the demonstration program under
this section expires on December 31, 1997.''.
(h) Homeless Veterans Pilot Program.--The Homeless Veterans
Comprehensive Service Programs Act of 1992 (Public Law 102-590) is
amended as follows:
(1) Section 2(a) (38 U.S.C. 7721 note) is amended by
striking out ``September 30, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(2) Section 3(a) (38 U.S.C. 7721 note) is amended by
striking out ``, during fiscal years 1993, 1994, and 1995,''.
(3) Section 12 (38 U.S.C. 7721 note) is amended by striking
out ``each of the fiscal years 1993, 1994, and 1995'' and
inserting in lieu thereof ``each fiscal year through 1997''.
SEC. 2. REPORT ON CONSOLIDATION OF CERTAIN PROGRAMS.
The Secretary of Veterans Affairs shall submit to Congress, not
later than March 1, 1997, a report on the advantages and disadvantages
of consolidating into one program the following three programs:
(1) The alcohol and drug abuse contract care program under
section 1720A of title 38, United States Code.
(2) The program to provide community-based residential care
to homeless chronically mentally ill veterans under section 115
of the Veterans' Benefits and Services Act of 1988 (38 U.S.C.
1712 note).
(3) The demonstration program under section 7 of Public Law
102-54 (38 U.S.C. 1718 note).
SEC. 3. REPEAL OF AUTHORITY TO MAKE GRANTS TO VETERANS MEMORIAL MEDICAL
CENTER IN THE PHILIPPINES.
(a) Repeal.--Section 1732 of title 38, United States Code, is
amended--
(1) by striking out subsection (b);
(2) by redesignating subsection (c) as subsection (b) and
striking out ``or grant'' both places it appears in that
subsection; and
(3) by redesignating subsection (d) as subsection (c) and
striking out ``and to make grants'' in that subsection.
(b) Clerical Amendments.--(1) The heading of such section is
amended by striking out ``and grants''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 17 of such title is amended by striking out
``and grants''.
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Extends through December 31, 1998, the authority of the Department of Veterans Affairs to provide hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service, as long as symptoms become manifest before January 1, 1997. Extends through December 31, 1997: (1) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) the authority of a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care (requires a report); (3) the Department's health professionals scholarship program (requires a report); (4) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property (requires a report); (5) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; (6) the Department's compensated work therapy and therapeutic transitional housing program; and (7) the authority under the Homeless Veterans Comprehensive Service Programs Act of 1992 for a pilot program to expand and improve Department benefits and services to homeless veterans. Extends through FY 1997 the authorization of appropriations for such pilot program.
Directs the Secretary to report to the Congress on the advantages and disadvantages of consolidating specified veterans' programs.
Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``NIE on Iranian Proxy Forces Act''.
SEC. 2. NATIONAL INTELLIGENCE ESTIMATE.
(a) Findings.--Congress finds the following:
(1) Hizballah is active in Syria and its fighters have
helped President Bashar Al-Assad maintain regime control.
(2) Hizballah fighters are returning to Lebanon more
battle-tested and more capable than ever before.
(3) In 2006, Hizballah's rocket and missile arsenal in
Lebanon was approximately 15,000; however, by 2017, this figure
has grown ten-fold to more than 150,000.
(4) Iran, through various means, illicitly transfers
weapons to Hizballah.
(5) Iran is reportedly building missile production
facilities in Lebanon to enable an indigenous rocket-producing
capability for Hizballah.
(b) National Intelligence Estimate.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of State, shall
produce a National Intelligence Estimate--
(1) on Iranian support of proxy forces in Syria and
Lebanon; and
(2) assessing the increased threat posed to Israel, other
United States regional allies, and other specified interests of
the United States as a result of such support.
(c) Matters To Be Included.--The National Intelligence Estimate
required under subsection (b) shall include, at a minimum, information
relating to the following matters with respect to both the strategic
and tactical implications for the United States and its allies:
(1) A description of arms or related material transferred
by Iran to Hizballah since March 2011, including the number of
such arms or related material and whether such transfer was by
land, sea, or air, as well as financial and additional
technological capabilities transferred by Iran to Hizballah.
(2) A description of Iranian and Iranian-controlled
personnel, including Hizballah, Shiite militias, and Iran's
Revolutionary Guard Corps forces, operating within Syria,
including the number and geographic distribution of such
personnel operating within 30 kilometers of the Israeli borders
with Syria and Lebanon as well as Deir al Zour, Syria.
(3) An assessment of Hizballah's operational lessons
learned based on its recent experiences in Syria.
(4) A description of any rocket-producing facilities in
Lebanon for non-state actors, including whether such facilities
were assessed to be built at the direction of Hizballah
leadership, Iranian leadership, or in consultation between
Iranian leadership and Hizballah leadership.
(5) An analysis of the foreign and domestic supply chains
that significantly facilitate, support, or otherwise aid
Hizballah's acquisition or development of missile production
facilities, including the geographic distribution of such
foreign and domestic supply chains.
(6) An assessment of the provision of goods, services, or
technology transferred by Iran or its affiliates to Hizballah
to indigenously manufacture or otherwise produce missiles.
(7) An identification of foreign persons that are, based on
credible information, facilitating the transfer of significant
financial support or arms or related material to Hizballah.
(8) A description of Russia's tactical and strategic
collaboration with Iranian and Hizballah elements in Syria.
(9) A description of the threat posed to Israel and other
United States partners in the Middle East by the transfer of
arms or related material or other support offered to Hizballah
from Iran.
(d) Submission to Congress.--Upon completion of the National
Intelligence Estimate required under subsection (b), the Director of
National Intelligence shall submit to the Committee on Foreign Affairs,
the Committee on Financial Services, the Committee on Armed Services,
and the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Foreign Relations, the Committee
on Banking, Housing, and Urban Development, the Committee on Armed
Services, and the Select Committee on Intelligence of the Senate a copy
of such estimate.
(e) Arms or Related Material Defined.--The term ``arms or related
material'' means--
(1) nuclear, biological, chemical, or radiological weapons
or materials or components of such weapons;
(2) ballistic or cruise missile weapons or materials or
components of such weapons;
(3) destabilizing numbers and types of advanced
conventional weapons;
(4) defense articles or defense services, as those terms
are defined in paragraphs (3) and (4), respectively, of section
47 of the Arms Export Control Act (22 U.S.C. 2794);
(5) defense information, as that term is defined in section
644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or
(6) items designated by the President for purposes of the
United States Munitions List under section 38(a)(1) of the Arms
Export Control Act (22 U.S.C. 2778(a)(1)).
SEC. 3. STRATEGY.
(a) In General.--Not later than 60 days after completion of the
National Intelligence Estimate required under section 2(b), the
President shall transmit to Congress a strategy to prevent Iran from
expanding its power in Syria and Lebanon.
(b) Matters To Be Included.--Such strategy shall include plans to--
(1) limit Iranian and Iranian-controlled personnel,
including Hizballah, Shiite militias, and Iran's Revolutionary
Guard Corps forces, operating within Syria and Lebanon; and
(2) work with United States allies to prevent Iranian and
Iranian-controlled personnel access to areas in Syria liberated
by United States-backed forces.
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NIE on Iranian Proxy Forces Act This bill requires the Office of the Director of National Intelligence to produce a National Intelligence Estimate on Iranian support of proxy forces in Syria and Lebanon and the threat such support poses to Israel, other U.S. regional allies, and specified U.S. interests. Not later than 60 days after the National Intelligence Estimate is completed, the President shall provide to Congress a strategy to prevent Iran from expanding its power in Syria and Lebanon.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Teacher Loan Forgiveness
for Military Spouses Act of 2017''.
SEC. 2. CONTINUING ELIGIBILITY TO PARTICIPATE IN STUDENT LOAN
FORGIVENESS OR LOAN CANCELLATION PROGRAM FOR TEACHERS
WHOSE PERIOD OF CONSECUTIVE EMPLOYMENT IS INTERRUPTED
BECAUSE OF MILITARY ORDERS REQUIRING SPOUSE TO RELOCATE
TO NEW RESIDENCE.
(a) Continuing Eligibility.--
(1) Part b loans.--Section 428J(g) of the Higher Education
Act of 1965 (20 U.S.C. 1078-10(g)) is amended by adding at the
end the following new paragraph:
``(4) Continuing eligibility for certain military
spouses.--
``(A) In general.--Notwithstanding paragraph (1) of
subsection (b), an individual who is employed as a
full-time teacher for 5 complete years which are not
consecutive years may be eligible for loan forgiveness
pursuant to such subsection if the individual was a
qualified military spouse with respect to any year
during which the individual was not employed as a full-
time teacher.
``(B) Qualified military spouse defined.--In this
paragraph, the term `qualified military spouse' means,
with respect to a year, an individual who--
``(i) during the previous year, served as a
teacher in a school or location meeting the
requirements of subparagraph (A) of subsection
(b)(1) and met the requirements of subparagraph
(B) of subsection (b)(1);
``(ii) is the spouse of a member of the
Armed Forces who is relocated during the year
pursuant to military orders for a permanent
change of duty station;
``(iii) did not serve as a teacher in a
school or location meeting the requirements of
subparagraph (A) of subsection (b)(1) during
the year or any portion of the year because the
individual accompanied the spouse to a new
residence as a result of such military orders;
and
``(iv) during the following year, resumed
service as a teacher in a school or location
meeting the requirements of subparagraph (A) of
subsection (b)(1) and met the requirements of
subparagraph (B) of subsection (b)(1).
``(C) Reports to congress.--Not later than 90 days
after the end of the second academic year during which
this paragraph is in effect, and every 2 years
thereafter, the Secretary shall submit to Congress a
report describing the number of individuals who, as a
result of this paragraph, remained eligible for loan
forgiveness pursuant to subsection (b) during the 2
most recent academic years.''.
(2) Part d loans.--Section 460(g) of the Higher Education
Act of 1965 (20 U.S.C. 1087j(g)) is amended by adding at the
end the following new paragraph:
``(4) Continuing eligibility for certain military
spouses.--
``(A) In general.--Notwithstanding paragraph (1) of
subsection (b), an individual who is employed as a
full-time teacher for 5 complete years which are not
consecutive years may be eligible for loan cancellation
pursuant to such subsection if the individual was a
qualified military spouse with respect to any year
during which the individual was not employed as a full-
time teacher.
``(B) Qualified military spouse defined.--In this
paragraph, the term `qualified military spouse' means,
with respect to a year, an individual who--
``(i) during the previous year, served as a
teacher in a school or location meeting the
requirements of subparagraph (A) of subsection
(b)(1) and met the requirements of subparagraph
(B) of subsection (b)(1);
``(ii) is the spouse of a member of the
Armed Forces who is relocated during the year
pursuant to military orders for a permanent
change of duty station;
``(iii) did not serve as a teacher in a
school or location meeting the requirements of
subparagraph (A) of subsection (b)(1) during
the year or any portion of the year because the
individual accompanied the spouse to a new
residence as a result of such military orders;
and
``(iv) during the following year, resumed
service as a teacher in a school or location
meeting the requirements of subparagraph (A) of
subsection (b)(1) and met the requirements of
subparagraph (B) of subsection (b)(1).
``(C) Reports to congress.--Not later than 90 days
after the end of the second academic year during which
this paragraph is in effect, and every 2 years
thereafter, the Secretary shall submit to Congress a
report describing the number of individuals who, as a
result of this paragraph, remained eligible for loan
cancellation pursuant to subsection (b) during the 2
most recent academic years.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to individuals who first become employed as full-
time teachers on or after the date of the enactment of this Act.
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Preserving Teacher Loan Forgiveness for Military Spouses Act of 2017 This bill amends the Higher Education Act of 1965 to modify the qualifying service requirement of the teacher loan forgiveness program for certain military spouses who are borrowers under the Federal Family Education Loan program or the William D. Ford Federal Direct Loan program. Under current law, an otherwise qualified full-time teacher must complete five consecutive years of service to be eligible for the teacher loan forgiveness program. This bill permits a teacher who completes five full-time years of non-consecutive service to be eligible for loan forgiveness if the teacher was a qualified military spouse during a break in teaching service. A qualified military spouse is an individual who: (1) is a highly-qualified teacher at a high-need school, (2) is the spouse of a servicemember, (3) experienced a break in teaching service to relocate with servicemember spouse pursuant to military orders, and (4) resumed teaching the following year.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Level Radioactive Waste Act of
2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) section 3(b)(1)(D) of the Low-Level Radioactive Waste
Policy Act (42 U.S.C. 2021c(b)(1)(D)) requires the Secretary of
Energy to safely dispose of all greater-than-Class C low-level
radioactive waste (as defined in section 61.55 of title 10,
Code of Federal Regulations);
(2) the Offsite Source Recovery Program, established by the
Department of Energy to recover and store sources of such
waste, is scheduled to cease operation by September 30, 2010;
(3) the Department of Energy estimates that about 14,000
sealed sources of such waste will become unwanted and will have
to be disposed of through the Offsite Source Recovery Program
by that date;
(4)(A) in February 1987 the Secretary of Energy submitted
to Congress a comprehensive report making recommendations for
ensuring the safe disposal of all greater-than-Class C low-
level radioactive waste; and
(B) 16 years later, it is likely that the information
contained in the report is no longer current and does not
reflect the new security threat environment;
(5) the Department of Energy--
(A) does not have the resources or storage facility
to recover and store all unwanted sources of greater-
than-Class C low-level radioactive waste; and
(B) has not identified a permanent disposal
facility;
(6) it is unlikely that a permanent disposal facility will
be operational by the time that the Offsite Source Recovery
Program ceases operation;
(7) the initial steps in developing a disposal facility
(including preparation of an environmental impact statement and
issuance of a record of decision) could take several years and
will require dedicated funding to complete; and
(8) before a final decision on the disposal alternative to
be implemented is made, Congress must have an opportunity to
review the alternatives under consideration and provide input.
SEC. 3. DEPARTMENT OF ENERGY RESPONSIBILITIES
(a) Designation of Responsibility.--The Secretary of Energy shall
designate an entity within the Department of Energy to have the
responsibility of completing activities needed to develop a facility
for safely disposing of all greater-than-Class C low-level radioactive
waste.
(b) Consultation With Congress.--In developing a plan for a
permanent disposal facility for greater-than-Class C low-level
radioactive waste (including preparation of an environmental impact
statement and issuance of a record of decision), the Secretary of
Energy shall consult with Congress.
SEC. 4. REPORTS.
(a) Update of 1987 Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall submit to
Congress an update of the report referred to in section 2(4).
(2) Contents.--The update shall contain--
(A) an identification of the radioactive waste that
is to be disposed of (including the source of the waste
and the volume, concentration, and other relevant
characteristics of the waste);
(B) an identification of the Federal and non-
Federal options for disposal of the waste;
(C) a description of the actions proposed to ensure
the safe disposal of the waste;
(D) an estimate of the costs of the proposed
actions;
(E) an identification of the options for ensuring
that the beneficiaries of the activities resulting in
the generation of the radioactive waste bear all
reasonable costs of disposing of the waste;
(F) an identification of any statutory authority
required for disposal of the waste; and
(G) in coordination with the Environmental
Protection Agency and the Nuclear Regulatory
Commission, an identification of any regulatory
guidance needed for the disposal of the waste.
(b) Report on Permanent Disposal Facility.--
(1) Report on cost and schedule for completion of eis and
rod.--Not later than 180 days after the date of submission of
the update under subsection (a), the Secretary of Energy shall
submit to Congress a report containing an estimate of the cost
and schedule to complete an environmental impact statement and
record of decision for a permanent disposal facility for
greater-than-Class C radioactive waste.
(2) Report on alternatives.--Before the Secretary of Energy
makes a final decision on the disposal alternative to be
implemented, the Secretary of Energy shall--
(A) submit to Congress a report that describes all
alternatives under consideration; and
(B) await action by Congress.
(c) Report on Short-Term Plan.--
(1) In general.--Not later than December 31, 2003, the
Secretary of Energy shall submit to Congress a plan to ensure
the continued recovery and storage of greater-than-Class C low-
level radioactive waste until a permanent disposal facility is
available.
(2) Contents.--The plan shall contain estimated cost,
resource, and facility needs.
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Low-Level Radioactive Waste Act of 2003 - Instructs the Secretary of Energy to designate an entity within the Department of Energy to have the responsibility of completing activities needed to develop a facility for safely disposing of all greater-than-Class C low-level radioactive waste.
Directs the Secretary to submit to Congress: (1) an update of a specified report on radioactive waste; (2) a report containing an estimate of the cost and schedule to complete an environmental impact statement and record of decision for a permanent disposal facility for greater-than-Class C radioactive waste; and (3) a plan to ensure continued recovery and storage of greater-than-Class C low-level radioactive waste until a permanent disposal facility is available.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspector General Act Amendments of
2000''.
SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS.
Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(e) An Inspector General (as defined under section 8G(a)(6) or
11(3)) may not receive any cash award or cash bonus, including any cash
award under chapter 45 of title 5, United States Code.''.
SEC. 3. EXTERNAL REVIEWS.
(a) In General.--Section 4 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(e)(1)(A) Not less than every 3 years an external review shall be
conducted of each Office (as defined under section 8G(a)(5) or 11(4)).
``(B) The Inspector General of each Office (as defined under
section 8G(a)(5) or 11(4)) shall arrange with the General Accounting
Office or an appropriate private entity for the conduct of the review.
``(C) If an Inspector General contracts with a private entity for a
review under this subsection, the private entity shall be contracted in
accordance with section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253).
``(2) At a minimum, an external review under this subsection shall
evaluate whether the Office properly manages and controls--
``(A) contracts awarded by the Office, including a
determination of whether--
``(i) procedures used to procure contracts are in
accordance with applicable laws and regulations; and
``(ii) costs incurred are reasonable and allowable
under the terms of each contract;
``(B) appropriated funds, including a determination of
whether training and travel funds are expended in accordance
with applicable laws and regulations; and
``(C) personnel actions, including a determination of
whether hiring and promotion practices used and performance
awards issued are in accordance with applicable laws and
regulations.
``(3) Not later than 30 calendar days after the completion of an
external review, a report of the results shall be submitted to the head
of the establishment and simultaneously to the appropriate committees
or subcommittees of Congress.''.
(b) Technical and Conforming Amendment.--The section heading for
section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended to read as follows:
``duties and responsibilities; report of criminal violations to
attorney general; external reviews''.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Section 5(a) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) by striking the first sentence and inserting ``Each
Inspector General shall, not later than October 31 of each
year, prepare an annual report summarizing the activities and
accomplishments of the Office during the immediately preceding
12-month period ending September 30.'';
(2) by striking paragraphs (1) through (12) and inserting
the following:
``(1) a summary of the program areas within the
establishment identified by the Inspector General as high risk
because of vulnerabilities to waste, fraud, abuse, and
mismanagement;
``(2) a description of the most significant audits,
investigations (administrative, civil, and criminal), and
evaluations and inspections completed during the reporting
period;
``(3) a summary of each report made to the head of the
establishment under section 6(b)(2) during the reporting
period;
``(4) a table showing--
``(A)(i) the total number of final audit reports
issued by the Office of Inspector General; and
``(ii) the financial benefits associated with the
reports segregated by category, such as budget
reductions, costs avoided, questioned costs, and
revenue enhancements; and
``(B) corrective actions taken and program
improvements made during the reporting period in
response to either an Office of Inspector General audit
finding or recommendation (excluding any recommendation
included under subparagraph (A) with respect to such
corrective actions);
``(5) a table showing--
``(A) the judicial and administrative actions
associated with investigations conducted by the Office
of Inspector General;
``(B) the number of--
``(i) cases referred for criminal
prosecution, civil remedies, or administrative
actions;
``(ii) cases presented but declined for
prosecution, segregated by criminal and civil;
``(iii) cases accepted for prosecution
(both Federal and State), segregated by
criminal and civil;
``(iv) defendants indicted;
``(v) defendants convicted;
``(vi) defendants acquitted or charges
dismissed after indictment;
``(vii) defendants sentenced to terms of
imprisonment;
``(viii) defendants sentenced to terms of
probation; and
``(ix) suspensions, disbarments,
exclusions, sanctions, or some other similar
administrative action; and
``(C) the total amount of fines, restitutions, and
recoveries;
``(6) a description of the organization and management
structure of the Office of Inspector General, including--
``(A) an organization chart showing the major
components of the Office;
``(B) a statistical table showing the number of
authorized full-time equivalent positions segregated by
component and by headquarters and field office; and
``(C) the amount of funding received in prior and
current fiscal years;
``(7) a table showing--
``(A) the number of contracts, and associated
dollar value, awarded on a noncompetitive basis by the
Office of Inspector General; and
``(B) with respect to any individual contract
valued over $100,000, awarded on a noncompetitive
basis--
``(i) the name of the contractor;
``(ii) statement of work;
``(iii) the time period of the contract;
and
``(iv) the dollar amount of the contract;
``(8)(A) a summary of each audit report issued in previous
reporting periods for which no management decision has been
made by the end of the reporting period (including the date and
title of each such report);
``(B) an explanation of the reasons such management
decision has not been made; and
``(C) a statement concerning the desired timetable for
achieving a management decision on each such report;'';
(3) by redesignating paragraph (13) as paragraph (9);
(4) in paragraph (9) (as redesignated by paragraph (3) of
this subsection)--
(A) by striking ``section 05(b)'' and inserting
``section 804(b)''; and
(B) by striking the period and inserting a
semicolon and ``and''; and
(5) by adding at the end the following new paragraph:
``(10) any other information that the Inspector General
determines appropriate to include in the annual report.''.
(b) Semiannual Reports.--Section 5 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f)(1) Subject to paragraph (4), in addition to any annual report
required to be furnished and transmitted under subsection (b), an
Inspector General shall prepare and submit a report described under
paragraph (2) to--
``(A) the applicable congressional committee, if the
chairman or ranking member of a congressional committee with
appropriate jurisdiction submits a written request to such
Inspector General; or
``(B) to the Comptroller General of the United States if
the Comptroller General submits a written request to such
Inspector General.
``(2) A report referred to under paragraph (1) shall--
``(A) contain the information required for an annual report
under subsection (a); and
``(B) summarize the activities of the Office during the 6-
month period ending on March 31 of the calendar year following
the date on which the request is made.
``(3) A report under this subsection shall be submitted on April 30
of the calendar year following the date on which the request is made.
``(4) An Inspector General shall not be required to submit a report
under this subsection if the written request for such report is
submitted to the Inspector General after November 30 of the calendar
year preceding the date on which the report is otherwise required to be
submitted to a congressional committee or the Comptroller General.''.
(c) Submission of Other Reports.--Nothing in the amendments made by
this section shall be construed to limit an Inspector General from
submitting any report containing in whole or part information required
in an annual or semiannual report furnished and transmitted under
section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to
Congress more frequently than on an annual or semiannual basis.
(d) Technical and Conforming Amendments.--
(1) Section 4(a)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``semiannual'' and
inserting ``annual''.
(2) Section 5 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in subsection (b)--
(i) by striking ``Semiannual'' and
inserting ``Annual''; and
(ii) by striking ``April 30 and''; and
(B) in subsection (c)--
(i) in the first sentence by striking
``semiannual'' and inserting ``annual''; and
(ii) in the second sentence by striking
``semiannual'' and inserting ``annual''.
(3) Section 8(f) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``semiannual'' and
inserting ``annual''.
SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE.
(a) Level IV Positions.--Section 5315 of title 5, United States
Code, is amended by striking each item relating to the following
positions:
(1) Inspector General, Department of Education.
(2) Inspector General, Department of Energy.
(3) Inspector General, Department of Health and Human
Services.
(4) Inspector General, Department of Agriculture.
(5) Inspector General, Department of Housing and Urban
Development.
(6) Inspector General, Department of Labor.
(7) Inspector General, Department of Transportation.
(8) Inspector General, Department of Veterans Affairs.
(9) Inspector General, Department of Defense.
(10) Inspector General, United States Information Agency.
(11) Inspector General, Department of State.
(12) Inspector General, Department of Commerce.
(13) Inspector General, Department of the Interior.
(14) Inspector General, Department of Justice.
(15) Inspector General, Department of the Treasury.
(16) Inspector General, Agency for International
Development.
(17) Inspector General, Environmental Protection Agency.
(18) Inspector General, Federal Emergency Management
Agency.
(19) Inspector General, General Services Administration.
(20) Inspector General, National Aeronautics and Space
Administration.
(21) Inspector General, Nuclear Regulatory Commission.
(22) Inspector General, Office of Personnel Management.
(23) Inspector General, Railroad Retirement Board.
(24) Inspector General, Small Business Administration.
(25) Inspector General, Federal Deposit Insurance
Corporation.
(26) Inspector General, Resolution Trust Corporation.
(27) Inspector General, Central Intelligence Agency.
(28) Inspector General, Social Security Administration.
(29) Inspector General, United States Postal Service.
(30) Inspector General, Tennessee Valley Authority.
(b) Level III Positions.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Inspector General, Department of Education.
``Inspector General, Department of Energy.
``Inspector General, Department of Health and Human
Services.
``Inspector General, Department of Agriculture.
``Inspector General, Department of Housing and Urban
Development.
``Inspector General, Department of Labor.
``Inspector General, Department of Transportation.
``Inspector General, Department of Veterans Affairs.
``Inspector General, Department of Defense.
``Inspector General, Department of State.
``Inspector General, Department of Commerce.
``Inspector General, Department of the Interior.
``Inspector General, Department of Justice.
``Inspector General, Department of the Treasury.
``Inspector General, Agency for International Development.
``Inspector General, Corporation for Community and National
Service.
``Inspector General, Environmental Protection Agency.
``Inspector General, Federal Emergency Management Agency.
``Inspector General, General Services Administration.
``Inspector General, National Aeronautics and Space
Administration.
``Inspector General, Nuclear Regulatory Commission.
``Inspector General, Office of Personnel Management.
``Inspector General, Railroad Retirement Board.
``Inspector General, Small Business Administration.
``Inspector General, Federal Deposit Insurance Corporation.
``Inspector General, Central Intelligence Agency.
``Inspector General, Social Security Administration.
``Inspector General, United States Postal Service.
``Inspector General, Tennessee Valley Authority.''.
(c) Savings Provision.--Nothing in this section shall have the
effect of reducing the rate of pay of any individual serving as an
Inspector General on the effective date of this section.
SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES.
(a) Study.--The Comptroller General of the United States shall--
(1) develop criteria for determining whether the
consolidation of Federal Inspector General offices would be
cost-efficient and in the public interest; and
(2) conduct a study of Federal Inspector General offices
using the criteria developed under paragraph (1) to determine
whether any such offices should be consolidated.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
Congress containing recommendations for any legislative action, based
on the study conducted under subsection (a).
Passed the Senate December 14 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary.
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Provides for an external review of the Office of Inspector General (Office) for specified Federal agencies at least every three years by the General Accounting Office or a private entity.
Sets forth minimum requirements for such reviews and requires a report of results to appropriate congressional committees.
Changes the semiannual Office activities report to an annual report. Revises required elements of such reports.
Sets forth new semiannual Office activities reporting requirements.
Changes the rate of pay of specified Inspectors General from Level IV to Level III of the Executive Schedule.
Requires the Comptroller General to: (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; (2) study the offices using such criteria to determine whether any should be consolidated; and (3) report to Congress recommendations for legislative action based on the study.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq and Syria Genocide Relief and
Accountability Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Secretary of State of State declared on March 17, 2016,
and on August 15, 2017, that Daesh (also known as the Islamic State
of Iraq and Syria or ISIS) is responsible for genocide, crimes
against humanity, and other atrocity crimes against religious and
ethnic minority groups in Iraq and Syria, including Christians,
Yezidis, and Shia, among other religious and ethnic groups.
(2) According to the Department of State's annual reports on
international religious freedom--
(A) the number of Christians living in Iraq has dropped
from an estimated 800,000 to 1,400,000 in 2002 to fewer than
250,000 in 2017; and
(B) the number of Yezidis living in Iraq has fluctuated
from 500,000 in 2013, to between 350,000 and 400,000 in 2016,
and between 600,000 and 750,000 in 2017.
(3) The annual reports on international religious freedom
further suggest that--
(A) Christian communities living in Syria, which had
accounted for between 8 and 10 percent of Syria's total
population in 2010, are now ``considerably'' smaller as a
result of the civil war, and
(B) there was a population of approximately 80,000 Yezidis
before the commencement of the conflict in Syria.
(4) Local communities and entities have sought to mitigate the
impact of violence directed against religious and ethnic minorities
in Iraq and Syria, including the Chaldean Catholic Archdiocese of
Erbil (Kurdistan Region of Iraq), which has used predominantly
private funds to provide assistance to internally displaced
Christians, Yezidis, and Muslims throughout the greater Erbil
region, while significant needs and diminishing resources have made
it increasingly difficult to continue these efforts.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Select Committee on Intelligence of the Senate;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on the Judiciary of the House of
Representatives;
(H) the Committee on Homeland Security of the House of
Representatives;
(I) the Committee on Appropriations of the House of
Representatives; and
(J) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' mean an organization designated by the
Secretary of State as a foreign terrorist organization pursuant to
section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
(3) Humanitarian, stabilization, and recovery needs.--The term
``humanitarian, stabilization, and recovery needs'', with respect
to an individual, includes water, sanitation, hygiene, food
security and nutrition, shelter and housing, reconstruction,
medical, education, psychosocial needs, and other assistance to
address basic human needs, including stabilization assistance (as
defined by the Stabilization Assistance Review in ``A Framework for
Maximizing the Effectiveness of U.S. Government Efforts to
Stabilize Conflict-Affected Areas, 2018).
(4) Hybrid court.--The term ``hybrid court'' means a court with
a combination of domestic and international lawyers, judges, and
personnel.
(5) Internationalized domestic court.--The term
``internationalized domestic court'' means a domestic court with
the support of international advisers.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to ensure that assistance for
humanitarian, stabilization, and recovery needs of individuals who are
or were nationals and residents of Iraq or Syria, and of communities in
and from those countries, is directed toward those individuals and
communities with the greatest need, including those individuals from
communities of religious and ethnic minorities, and communities of
religious and ethnic minorities, that the Secretary of State declared
were targeted for genocide, crimes against humanity, or war crimes, and
have been identified as being at risk of persecution, forced migration,
genocide, crimes against humanity, or war crimes.
SEC. 5. ACTIONS TO PROMOTE ACCOUNTABILITY IN IRAQ FOR GENOCIDE, CRIMES
AGAINST HUMANITY, AND WAR CRIMES.
(a) Assistance.--The Secretary of State and the Administrator of
the United States Agency for International Development are authorized
to provide assistance, including financial and technical assistance, as
necessary and appropriate, to support the efforts of entities,
including nongovernmental organizations with expertise in international
criminal investigations and law, to address genocide, crimes against
humanity, or war crimes, and their constituent crimes by ISIS in Iraq
by--
(1) conducting criminal investigations;
(2) developing indigenous investigative and judicial skills,
including by partnering, directly mentoring, and providing
necessary equipment and infrastructure to effectively adjudicating
cases consistent with due process and respect for the rule of law;
and
(3) collecting and preserving evidence and the chain of
evidence, including for use in prosecutions in domestic courts,
hybrid courts, and internationalized domestic courts, consistent
with the activities described in subsection (b).
(b) Actions by Foreign Governments.--The Secretary of State, in
consultation with the Attorney General, the Secretary of Homeland
Security, the Director of National Intelligence, and the Director of
the Federal Bureau of Investigation, shall encourage governments of
foreign countries--
(1) to include information in appropriate security databases
and security screening procedures of such countries to identify
suspected ISIS members for whom credible evidence exists of having
committed genocide, crimes against humanity, or war crimes, and
their constituent crimes, in Iraq; and
(2) to apprehend and prosecute such ISIS members for genocide,
crimes against humanity, or war crimes, as appropriate.
(c) Consultation.--In carrying out subsection (a), the Secretary of
State shall consult with and consider credible information from
entities described in such subsection.
SEC. 6. IDENTIFICATION OF AND ASSISTANCE TO ADDRESS HUMANITARIAN,
STABILIZATION, AND RECOVERY NEEDS OF CERTAIN PERSONS IN IRAQ AND SYRIA.
(a) Identification.--The Secretary of State, in consultation with
the Secretary of Defense, the Administrator of the United States Agency
for International Development, and Director of National Intelligence,
shall seek to identify--
(1) threats of persecution and other early-warning indicators
of genocide, crimes against humanity, and war crimes against
individuals who are or were nationals and residents of Iraq or
Syria, are members of religious or ethnic minority groups in such
countries, and against whom the Secretary of State has determined
ISIS has committed genocide, crimes against humanity, or war
crimes;
(2) the religious and ethnic minority groups in Iraq or Syria
identified pursuant to paragraph (1) that are at risk of forced
migration, within or across the borders of Iraq, Syria, or a
country of first asylum, and the primary reasons for such risk;
(3)(A) the humanitarian, stabilization, and recovery needs of
individuals described in paragraphs (1) and (2), including the
assistance provided by the United States and by the United Nations,
respectively--
(i) to address the humanitarian, stabilization, and
recovery needs of such individuals; and
(ii) to mitigate the risks of forced migration of such
individuals; and
(B) assistance provided through the Funding Facility for
Immediate Stabilization and Funding Facility for Expanded
Stabilization; and
(4) to the extent practicable and appropriate--
(A) the entities, including faith-based entities, that are
providing assistance to address the humanitarian,
stabilization, and recovery needs of individuals described in
paragraphs (1) and (2); and
(B) the extent to which the United States is providing
assistance to or through the entities referred to in
subparagraph (A).
(b) Additional Consultation.--In carrying out subsection (a), the
Secretary of State shall consult with, and consider credible
information from--
(1) individuals described in paragraphs (1) and (2) of such
subsection; and
(2) the entities described in paragraph (4)(A) of such
subsection.
(c) Assistance.--The Secretary of State and the Administrator of
the United States Agency for International Development are authorized
to provide assistance, including financial and technical assistance as
necessary and appropriate, to support the entities described in
subsection (a)(4)(A).
SEC. 7. REPORT.
(a) Implementation Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees that includes--
(1) a detailed description of the efforts taken, and efforts
proposed to be taken, to implement the provisions of this Act;
(2) an assessment of--
(A) the feasibility and advisability of prosecuting ISIS
members for whom credible evidence exists of having committed
genocide, crimes against humanity, or war crimes in Iraq,
including in domestic courts in Iraq, hybrid courts, and
internationalized domestic courts; and
(B) the measures needed--
(i) to ensure effective criminal investigations of such
individuals; and
(ii) to effectively collect and preserve evidence, and
preserve the chain of evidence, for prosecution; and
(3) recommendations for legislative remedies and administrative
actions to facilitate the implementation of this Act.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex, if
necessary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Iraq and Syria Genocide Relief and Accountability Act of 2017 (Sec. 4) This bill states that is U.S. policy to ensure that humanitarian, stabilization, and recovery assistance for nationals and residents of Iraq or Syria, and of communities from those countries, is directed toward ethnic and minority individuals and communities with the greatest need, including those individuals and communities that are at risk of persecution or war crimes. (Sec. 5) The Department of State and the U.S. Agency for International Development may provide assistance, including financial and technical assistance, to support the efforts of entities, including nongovernmental organizations with expertise in international criminal investigations and law, to address crimes of genocide, crimes against humanity, or war crimes in Iraq since January 2014 by: conducting criminal investigations, developing indigenous investigative and judicial skills to adjudicate cases consistent with due process and respect for the rule of law, and collecting and preserving evidence for use in prosecutions. The State Department shall encourage foreign governments to identify and prosecute individuals who are suspected of committing such crimes, including members of foreign terrorist organizations operating in Iraq or Syria. (Sec. 6) The State Department shall identify: threats of persecution, genocide, crimes against humanity, and war crimes against members of Iraqi or Syrian religious or ethnic groups that are minorities in Iraq or in Syria with respect to whom the Islamic State of Iraq and Syria (ISIS) has committed such crimes in Iraq or Syria since January 2014 or who are members of other persecuted religious or ethnic groups; persecuted religious and ethnic minority groups in Iraq or Syria that are at risk of forced migration and the primary reasons for such risk; humanitarian, stabilization, and recovery needs of these individuals; and entities, including faith-based entities, that are providing such assistance and the extent of U.S. assistance to or through such entities. (Sec. 7) The State Department shall provide Congress with: a description of the efforts taken and proposed to implement this bill; and an assessment of the feasibility and advisability of prosecuting individuals for acts of genocide, crimes against humanity, or war crimes in Iraq since January 2014 or in Syria since March 2011.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Now Public-
Private Partnership Act'' or the ``WIN P3 Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) investment in water infrastructure is critical to
protecting property and personal safety through flood,
hurricane, and storm damage reduction activities;
(2) investment in infrastructure on the inland waterways of
the United States is critical to the economy of the United
States through the maintenance of safe, reliable, and efficient
navigation for recreation and the movement of billions of
dollars in goods each year;
(3) fiscal challenges facing Federal, State, local, and
tribal governments require new and innovative financing
structures to continue robust investment in public water
infrastructure;
(4) under existing fiscal restraints and project delivery
processes, large-scale water infrastructure projects like the
lock and dam modernization on the upper Mississippi River and
Illinois River will take decades to complete, with benefits for
the lock modernization not expected to be realized until 2047;
(5) the Corps of Engineers has an estimated backlog of more
than $60,000,000,000 in outstanding projects; and
(6) in developing innovative financing options for water
infrastructure projects, any prior public investment in
projects must be protected.
SEC. 3. WATER INFRASTRUCTURE NOW PILOT PROGRAM.
(a) In General.--The Secretary of the Army, acting through the
Chief of Engineers, shall establish a pilot program to evaluate the
cost-effectiveness and project delivery efficiency of allowing non-
Federal interests to carry out authorized flood damage reduction,
hurricane and storm damage reduction, and navigation projects.
(b) Purposes.--The purposes of the pilot program are--
(1) to identify project delivery and cost-saving
alternatives that reduce the backlog of authorized Corps of
Engineers projects;
(2) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal interest carrying
out the design, execution, management, and construction of 1 or
more projects; and
(3) to evaluate alternatives for the decentralization of
the project planning, management, and operational
decisionmaking processes of the Corps of Engineers.
(c) Administration.--
(1) In general.--In carrying out the pilot program, the
Secretary shall--
(A) identify a total of not more than 15 flood
damage reduction, hurricane and storm damage reduction,
and navigation projects, including levees, floodwalls,
flood control channels, water control structures, and
navigation locks and channels, authorized for
construction;
(B) notify the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives upon
the identification of each project under the pilot
program;
(C) in consultation with the non-Federal interest,
develop a detailed project management plan for each
identified project that outlines the scope, budget,
design, and construction resource requirements
necessary for the non-Federal interest to execute the
project, or a separable element of the project;
(D) on the request of the non-Federal interest,
enter into a project partnership agreement with the
non-Federal interest for the non-Federal interest to
provide full project management control for
construction of the project, or a separable element of
the project, in accordance with plans approved by the
Secretary;
(E) following execution of the project partnership
agreement, transfer to the non-Federal interest to
carry out construction of the project, or a separable
element of the project--
(i) if applicable, the balance of the
unobligated amounts appropriated for the
project, except that the Secretary shall retain
sufficient amounts for the Corps of Engineers
to carry out any responsibilities of the Corps
of Engineers relating to the project and pilot
program; and
(ii) additional amounts, as determined by
the Secretary, from amounts made available
under section 5, except that the total amount
transferred to the non-Federal interest shall
not exceed the estimate of the Federal share of
the cost of construction, including any
required design; and
(F) regularly monitor and audit each project being
constructed by a non-Federal interest under this
section to ensure that the construction activities are
carried out in compliance with the plans approved by
the Secretary and that the construction costs are
reasonable.
(2) Restrictions.--Of the projects identified by the
Secretary--
(A) not more than 12 projects shall--
(i) have received Federal funds and
experienced delays or missed scheduled
deadlines in the 5 fiscal years prior to the
date of enactment of this Act; or
(ii) for more than 2 consecutive fiscal
years, have an unobligated funding balance for
that project in the Corps of Engineers
construction account; and
(B) not more than 3 projects shall--
(i) have not received Federal funding for
recapitalization and modernization in the
period beginning on the date on which the
project was authorized and ending on the date
of enactment of this Act; and
(ii) be, in the determination of the
Secretary, significant to the national economy
as a result of the impact the project would
have on the national transportation of goods.
(3) Technical assistance.--On the request of a non-Federal
interest, the Secretary may provide technical assistance to the
non-Federal interest, if the non-Federal interest contracts
with the Secretary for the technical assistance and compensates
the Secretary for the technical assistance, relating to--
(A) any study, engineering activity, and design
activity for construction carried out by the non-
Federal interest under this section; and
(B) obtaining any permits necessary for the
project.
(4) Waivers.--
(A) In general.--For any project included in the
pilot program, the Secretary may waive or modify any
applicable Federal regulations for that project if the
Secretary determines that such a waiver would provide
public and financial benefits, including expediting
project delivery and enhancing efficiency while
maintaining safety.
(B) Notification.--The Secretary shall notify the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives each time the Secretary
issues a waiver or modification under subparagraph (A).
(d) Public Benefit Study.--
(1) In general.--Before entering into a project partnership
agreement under this section, the Secretary shall enter into an
arrangement with an independent third party to conduct an
assessment of whether, and provide justification that, the
proposed partnership agreement would represent a better public
and financial benefit than a similar transaction using public
funding or financing.
(2) Contents.--The study under paragraph (1) shall--
(A) be completed by the third party in a timely
manner and in a period of not more than 90 days;
(B) take into consideration any supporting
materials and data submitted by the Secretary, the
nongovernmental party to the proposed project
partnership agreement, and other stakeholders; and
(C) recommend whether the project partnership
agreement will be in the public interest by determining
whether the agreement will provide public and financial
benefits, including expedited project delivery and
savings to taxpayers.
(e) Cost Share.--Nothing in this Act affects the cost-sharing
requirement applicable on the day before the date of enactment of this
Act to a project carried out under this Act.
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report detailing the results of the pilot
program carried out under this section, including any
recommendations of the Secretary concerning whether the program
or any component of the program should be implemented on a
national basis.
(2) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an update of the report described in paragraph
(1).
(g) Administration.--All laws (including regulations) that would
apply to the Secretary if the Secretary were carrying out the project
shall apply to a non-Federal interest carrying out a project under this
Act.
(h) Termination of Authority.--The authority to commence a project
under this Act terminates on the date that is 5 years after the date of
enactment of this Act.
SEC. 4. APPLICABILITY.
Nothing in this Act authorizes or permits the privatization of any
Federal asset.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act such sums as are necessary.
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Water Infrastructure Now Public-Private Partnership Act or the WIN P3 Act - Directs the Chief of Engineers to establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-federal interests to carry out authorized flood damage reduction, hurricane and storm damage reduction, and navigation projects. Requires the Chief: (1) to identify not more than 15 projects authorized for construction; (2) to develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-federal interest to execute the project or an element of the project; (3) to enter into a project partnership agreement with the non-federal interest at such interest's request to provide full project management control for construction of the project or element in accordance with plans approved by the Chief; (4) following execution of such agreement, to transfer specified amounts to the non-federal interest to carry out project construction; and (5) to regularly monitor and audit each such project being constructed by a non-federal interest. Sets forth restrictions on projects selected. Authorizes the Chief to: (1) provide technical assistance to the non-federal interests for compensation, and (2) waive or modify applicable federal regulations if doing so would provide public and financial benefits. Directs the Chief, before entering into a project partnership agreement, to enter into an arrangement with an independent third party to conduct an assessment and provide justification that the proposed agreement would represent a better public and financial benefit than a similar transaction using public funding. Terminates authority to commence a project under this Act five years after its enactment.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unsafe Meat and Poultry Recall
Act''.
SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD PRODUCTS.
(a) Mandatory Recalls Authorized.--The Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) is amended--
(1) by redesignating section 411 (21 U.S.C. 680) as section
412; and
(2) by inserting after section 410 (21 U.S.C. 679a) the
following new section:
``SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED,
MISBRANDED, AND OTHER UNSAFE MEAT PRODUCTS.
``(a) Meat Product Defined.--In this section, the term `meat
product' means a carcass, part of a carcass, meat, or meat food product
of an amenable species.
``(b) Notification Required.--
``(1) Notice to secretary.--A person that has reason to
believe that a meat product handled by the person is in
violation of this Act shall immediately notify the Secretary,
in such manner and by such means as the Secretary may by
regulation promulgate, of the identity and location of the meat
product.
``(2) Exceptions.--The requirement to notify the Secretary
under paragraph (1) shall not apply to--
``(A) consumers of meat products; and
``(B) such other persons as the Secretary may
exempt by regulation.
``(c) Voluntary Nondistribution and Recall.--If the Secretary finds
that a meat product is in violation of this Act and that there is a
reasonable probability that human consumption of the meat product may
present a threat to public health, the Secretary shall provide all
appropriate persons that handled the meat product, as determined by the
Secretary, with an opportunity to--
``(1) cease distribution of the meat product;
``(2) notify all persons handling the meat product to
immediately cease distribution of the meat product;
``(3) recall the meat product; and
``(4) in consultation with the Secretary, provide notice to
consumers to whom the meat product may have been distributed.
``(d) Mandatory Actions.--If a person does not voluntarily take the
actions described in subsection (c) with respect to a meat product
within the time and in the manner prescribed by the Secretary, the
Secretary may, by order, require such person to immediately--
``(1) cease distribution of the meat product;
``(2) notify all persons handling the meat product to
immediately cease distribution of the meat product; and
``(3) recall the meat product or take other appropriate
action, as determined by the Secretary.
``(e) Notice to Consumers.--If the Secretary orders a mandatory
action under subsection (d), the Secretary shall provide notice of the
action to consumers to whom the meat product may have been distributed
to the extent the Secretary considers necessary.
``(f) Nondistribution by Notified Persons.--A person handling a
meat product that receives notification under subsection (c) or (d)
shall immediately cease distribution of the meat product.
``(g) Vacation of Order.--If, after providing an opportunity for a
hearing on the record, the Secretary determines that adequate grounds
do not exist to continue the mandatory actions required by an order
issued under subsection (d), the Secretary shall vacate the order.
``(h) Additional Remedies.--The remedies provided in this section
are in addition to any other remedies that may be available under any
other provision of law.''.
(b) Definition of Person.--
(1) In general.--Section 1 of the Federal Meat Inspection
Act (21 U.S.C. 601) is amended by adding at the end the
following new subsection:
``(x) Person.--The term `person' means any individual, partnership,
corporation, association, or other business unit.''.
(2) Conforming amendments.--The Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) is amended--
(A) by striking ``person, firm, or corporation''
each place it appears and inserting ``person'';
(B) by striking ``persons, firms, and
corporations'' each place it appears and inserting
``persons''; and
(C) by striking ``persons, firms, or corporations''
each place it appears and inserting ``persons''.
SEC. 3. RECALL AUTHORITY OVER POULTRY AND POULTRY FOOD PRODUCTS.
The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is
amended by adding at the end the following new section:
``SEC. 32. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED,
MISBRANDED, AND OTHER UNSAFE POULTRY PRODUCTS.
``(a) Notification Required.--
``(1) Notice to secretary.--A person that has reason to
believe that a poultry product handled by the person is in
violation of this Act shall immediately notify the Secretary,
in such manner and by such means as the Secretary may by
regulation promulgate, of the identity and location of the
poultry product.
``(2) Exceptions.--The requirement to notify the Secretary
under paragraph (1) shall not apply to--
``(A) consumers of poultry products; and
``(B) such other persons as the Secretary may
exempt by regulation.
``(b) Voluntary Nondistribution and Recall.--If the Secretary finds
that a poultry product is in violation of this Act and that there is a
reasonable probability that human consumption of the poultry product
may present a threat to public health, the Secretary shall provide all
appropriate persons that handled the poultry product, as determined by
the Secretary, with an opportunity to--
``(1) cease distribution of the poultry product;
``(2) notify all persons handling the poultry product to
immediately cease distribution of the poultry product;
``(3) recall the poultry product; and
``(4) in consultation with the Secretary, provide notice to
consumers to whom the poultry product may have been
distributed.
``(c) Mandatory Actions.--If a person does not voluntarily take the
actions described in subsection (b) with respect to a poultry product
within the time and in the manner prescribed by the Secretary, the
Secretary may, by order, require the person to immediately--
``(1) cease distribution of the poultry product;
``(2) notify all persons handling the poultry product to
immediately cease distribution of the poultry product; and
``(3) recall the poultry product or take other appropriate
action, as determined by the Secretary.
``(d) Notice to Consumers.--If the Secretary orders a mandatory
action under subsection (c), the Secretary shall provide notice of the
action to consumers to whom the poultry product may have been
distributed, to the extent the Secretary considers necessary.
``(e) Nondistribution by Notified Persons.--A person handling a
poultry product that receives notification under subsection (b) or (c)
shall immediately cease distribution of the poultry product.
``(f) Vacation of Order.--If, after providing an opportunity for a
hearing on the record, the Secretary determines that adequate grounds
do not exist to continue the mandatory actions required by an order
issued under subsection (c), the Secretary shall vacate the order.
``(g) Additional Remedies.--The remedies provided in this section
are in addition to any other remedies that may be available under any
other provision of law.''.
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Unsafe Meat and Poultry Recall Act - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) direct a person (other than a household consumer or other exempted person) who believes a meat or poultry product that such person handled is adulterated or misbranded to notify the Secretary of Agriculture; (2) direct the Secretary, upon a determination of a public health risk from such adulteration or misbranding, to permit the person to voluntarily provide handler notification, cease distribution, recall such product, and provide consumer notice; and (3) authorize the Secretary, in the case of noncompliance, to require that the person take such actions (other than consumer notice which shall be provided by the Secretary).
Defines "person" as any individual, partnership, corporation, association, or other business unit.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Circuit Court of Appeals
Restructuring and Modernization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Former ninth circuit.--The term ``former ninth
circuit'' means the ninth judicial circuit of the United States
as in existence on the day before the effective date of this
Act.
(2) New ninth circuit.--The term ``new ninth circuit''
means the ninth judicial circuit of the United States
established by the amendment made by section 3(2)(A).
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 3(2)(B).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter preceding the table, by striking
``thirteen'' and inserting ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth........................
California, Guam, Hawaii,
Northern Mariana
Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Alaska, Arizona, Idaho,
Montana, Nevada,
Oregon, Washington.''.
SEC. 4. JUDGESHIPS.
(a) New Judgeships.--The President shall appoint, by and with the
advice and consent of the Senate, 5 additional circuit judges for the
new ninth circuit court of appeals, whose official duty station shall
be in California.
(b) Temporary Judgeships.--
(1) Appointment of judges.--The President shall appoint, by
and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit court of appeals,
whose official duty station shall be in California.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit court of appeals 10 years or more
after judges are first confirmed to fill both temporary circuit
judgeships created by this subsection shall not be filled.
(c) Effective Date.--This section shall take effect on the date of
enactment of this Act.
SEC. 5. NUMBER OF CIRCUIT JUDGES.
The table in section 44(a) of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth .................................................... 20'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth .................................................. 14''.
SEC. 6. PLACES OF CIRCUIT COURT.
The table in section 48(a) of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth........................
Honolulu, Pasadena, San
Francisco.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Las Vegas, Phoenix, Portland,
Seattle.''.
SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS.
The offices of the Circuit Executive of the Twelfth Circuit and the
Clerk of the Court of the Twelfth Circuit shall be located in Phoenix,
Arizona.
SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES.
Each circuit judge of the former ninth circuit who is in regular
active service and whose official duty station on the day before the
effective date of this Act--
(1) is in California, Guam, Hawaii, or the Northern Mariana
Islands shall be a circuit judge of the new ninth circuit as of
that effective date; and
(2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon,
or Washington shall be a circuit judge of the twelfth circuit
as of that effective date.
SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior circuit judge of the former ninth
circuit on the day before the effective date of this Act--
(1) may elect to be assigned to the new ninth circuit or
the twelfth circuit as of that effective date; and
(2) shall notify the Director of the Administrative Office
of the United States Courts of the election made under
paragraph (1).
SEC. 10. SENIORITY OF JUDGES.
The seniority of each judge who is assigned under section 8 or
elects to be assigned under section 9 shall run from the date of
commission of the judge as a judge of the former ninth circuit.
SEC. 11. APPLICATION TO CASES.
The following apply to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
(1) Except as provided in paragraph (3), if the matter has
been submitted for decision, further proceedings with respect
to the matter shall be had in the same manner and with the same
effect as if this Act had not been enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect on the date on which the appeal was taken or
other proceeding commenced, and further proceedings with
respect to the case shall be had in the same manner and with
the same effect as if the appeal or other proceeding had been
filed in that court.
(3) If a petition for rehearing en banc is pending on or
after the effective date of this Act, the petition shall be
considered by the court of appeals to which the petition would
have been submitted had this Act been in full force and effect
on the date on which the appeal or other proceeding was filed
with the court of appeals.
SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES AMONG CIRCUITS.
Section 291 of title 28, United States Code, is amended by adding
at the end the following:
``(c) The chief judge of the Ninth Circuit may, in the public
interest and upon request by the chief judge of the Twelfth Circuit,
designate and assign temporarily any circuit judge of the Ninth Circuit
to act as circuit judge in the Twelfth Circuit.
``(d) The chief judge of the Twelfth Circuit may, in the public
interest and upon request by the chief judge of the Ninth Circuit,
designate and assign temporarily any circuit judge of the Twelfth
Circuit to act as circuit judge in the Ninth Circuit.''.
SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG CIRCUITS.
Section 292 of title 28, United States Code, is amended by adding
at the end the following:
``(f) The chief judge of the United States Court of Appeals for the
Ninth Circuit may in the public interest--
``(1) upon request by the chief judge of the Twelfth
Circuit, designate and assign 1 or more district judges within
the Ninth Circuit to sit upon the Court of Appeals of the
Twelfth Circuit, or a division thereof, whenever the business
of that court so requires; and
``(2) designate and assign temporarily any district judge
within the Ninth Circuit to hold a district court in any
district within the Twelfth Circuit.
``(g) The chief judge of the United States Court of Appeals for the
Twelfth Circuit may in the public interest--
``(1) upon request by the chief judge of the Ninth Circuit,
designate and assign 1 or more district judges within the
Twelfth Circuit to sit upon the Court of Appeals of the Ninth
Circuit, or a division thereof, whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
within the Twelfth Circuit to hold a district court in any
district within the Ninth Circuit.
``(h) Any designation or assignment under subsection (f) or (g)
shall be in conformity with the rules or orders of the court of appeals
of, or the district within, as applicable, the circuit to which the
judge is designated or assigned.''.
SEC. 14. ADMINISTRATION.
(a) Transition Authority.--The court of appeals for the ninth
circuit as constituted on the day before the effective date of this Act
may take any administrative action that is required to carry out this
Act and the amendments made by this Act.
(b) Administrative Termination.--The court described in subsection
(a) shall cease to exist for administrative purposes 2 years after the
date of enactment of this Act.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, including funds for additional court
facilities.
SEC. 16. EFFECTIVE DATE.
Except as provided in section 4(c), this Act and the amendments
made by this Act shall take effect 1 year after the date of enactment
of this Act.
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Circuit Court of Appeals Restructuring and Modernization Act This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Guam, Hawaii, and Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. The President must appoint five additional judges for the new Ninth Circuit and two additional temporary judges for the former Ninth Circuit. The bill designates the locations where the new circuits are to hold regular sessions. The Circuit Executive and the Clerk of the Court of the Twelfth Circuit shall be located in Phoenix, Arizona. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Senior circuit judges of the former Ninth Circuit may elect their circuit assignment. The bill authorizes the temporary assignment of circuit and district judges of the former Ninth Circuit between the new circuits.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International and Domestic Product
Safety Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for the U.S. Customs and Border
Protection of the Department of Homeland Security.
(2) Consumer product.--The term ``consumer product'' means
any of the following:
(A) Food, as defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321),
including--
(i) poultry and poultry products, as
defined in section 4 of the Poultry Products
Inspection Act (21 U.S.C. 453);
(ii) meat and meat food products, as
defined in section 1 of the Federal Meat
Inspection Act (21 U.S.C. 601); and
(iii) eggs and egg products, as defined in
the Egg Products Inspection Act (21 U.S.C.
1033).
(B) A drug, device, cosmetic, dietary supplement,
infant formula, and food additive, as such terms are
defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(C) A consumer product, as such term is defined in
section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052).
(D) A motor vehicle, motor vehicle equipment, and
replacement equipment, as such terms are defined in the
National Traffic and Motor Vehicle Safety Act (49
U.S.C. 30102).
(E) A biological product, as such term is defined
in section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)).
(F) A pesticide, as such term is defined by the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136).
(G) Any other food, consumer product, fishery
product, beverage, or tobacco product with respect to
which a department or agency that is represented on the
Council has jurisdiction.
(3) Council.--The term ``Council'' means the Product Safety
Coordinating Council established under section 4.
(4) Director.--The term ``Director'' means the Director of
the Office of International and Domestic Product Safety
established under section 3.
(5) Office.--The term ``Office'' means the Office of
International and Domestic Product Safety established under
section 3.
SEC. 3. OFFICE OF INTERNATIONAL AND DOMESTIC PRODUCT SAFETY; DIRECTOR.
(a) Establishment of Office.--There is established in the
Department of Commerce an Office of International and Domestic Product
Safety.
(b) Director.--The Office shall be headed by a Director of
International and Domestic Product Safety who shall be appointed by the
President, by and with the advice and consent of the Senate, and who
shall report to the Secretary of Commerce.
(c) Duties.--The Director shall be responsible for overseeing and
coordinating international and domestic consumer product safety
responsibilities in a manner that protects the health and safety of
United States consumers and ensures that consumers and businesses have
access to vital consumer product safety information. The Director
shall--
(1) establish policies, objectives, and priorities to
improve the management, coordination, promotion, and oversight
of all departments and agencies that are responsible for
international and domestic consumer product safety;
(2) work with consumer groups, industry, and other
interested parties to establish the policies, objectives, and
priorities described in paragraph (1);
(3) create a ``one-stop'' Federal website for consumer
product safety information;
(4) develop and maintain a centralized user-friendly public
database of all consumer product recalls, advisories, alerts,
seizures, defect determinations, import bans, and other actions
related to products sold (or offered for sale) in the United
States, including mandatory and voluntary actions taken by
Federal and State departments and agencies, or by businesses;
(5) implement a system for disseminating consumer product
recall alerts to consumers and businesses, including retailers,
the media, and medical professionals;
(6) promote the development of risk assessment models to
assist Federal departments and agencies responsible for the
importation and safety of consumer products to better identify
and prevent the importation or introduction into commerce of
unsafe products;
(7) promote the development of food tracing technology to
provide consumers with access to the supply chain history of a
consumer product;
(8) develop guidelines to facilitate information sharing
relating to the importation and safety of consumer products
among Federal departments and agencies, State and local
governments, businesses, and United States trading partners;
(9) develop and maintain a public electronic directory of
services to assist consumers and businesses in locating
consumer product safety information;
(10) develop a framework for engaging United States trading
partners in efforts to improve consumer product safety,
including cooperation and coordination related to safety
standards, testing, certification, audits, and inspections
before consumer products are shipped to the United States;
(11) establish an inventory of Memoranda of Understanding
negotiated by Federal departments and agencies with foreign
governments related to the importation and safety of consumer
products, and promote coordination among Federal departments
and agencies seeking to negotiate new memoranda; and
(12) develop and implement other activities to ensure that
there is a unified effort to protect the health and safety of
United States consumers, including--
(A) simplifying consumer-retailer interaction
regarding consumer products identified as unsafe;
(B) improving consumer product labeling;
(C) developing comprehensive recordkeeping
throughout the production, importation, and
distribution of consumer products; and
(D) increasing public access to information
regarding--
(i) consumer product safety standards,
testing, and certification;
(ii) enforcement of consumer product safety
laws, and
(iii) consumer product-related deaths,
injuries, and illness.
(d) Compensation.--Section 5314 of title 5, United States Code, is
amended by adding at the end the following new item:
``Director of International and Domestic Product Safety,
Department of Commerce.''.
(e) Function of the Office.--The function of the Office of
International and Domestic Product Safety is to assist the Director in
carrying out the duties of the Director described under this Act.
(f) Staff.--The Director may employ and fix the compensation of
such officers and employees as may be necessary to assist the Director
in carrying out the duties of the Director. The Director may direct,
with the concurrence of the Secretary of a department or head of an
agency, the temporary reassignment within the Federal Government of
personnel employed by such department or agency on a reimbursable or
nonreimbursable basis.
SEC. 4. PRODUCT SAFETY COORDINATING COUNCIL.
(a) Establishment.--There is established a Product Safety
Coordinating Council.
(b) Composition.--The Council shall consist of the following
members or their designees:
(1) The Director, who shall chair the Council.
(2) The Commissioner of U.S. Customs and Border Protection.
(3) The Under Secretary of Commerce for International
Trade.
(4) A Deputy United States Trade Representative, as
determined by the United States Trade Representative.
(5) The Under Secretary of State for Economic, Energy and
Agricultural Affairs.
(6) The Under Secretary of Agriculture for Food Safety.
(7) The Commissioner of the Food and Drug Administration.
(8) The Assistant Administrator for Fisheries of the
National Oceanic and Atmospheric Administration.
(9) The Chairman of the Consumer Product Safety Commission.
(10) The Administrator of the National Highway Traffic
Safety Administration.
(11) The Deputy Administrator of the Environmental
Protection Agency.
(12) The Administrator of the Alcohol and Tobacco Tax and
Trade Bureau.
(13) The Deputy Attorney General.
(14) The Director of the Centers for Disease Control and
Prevention.
(15) The Chairman of the Federal Trade Commission.
(16) Such other officers of the United States as the
Director determines necessary to carry out the functions of the
Council.
(c) Department and Agency Responsibilities.--
(1) In general.--The department or agency of each member of
the Council shall assist the Director in--
(A) developing and implementing a unified effort to
protect the health and safety of United States
consumers;
(B) ensuring that consumers and businesses have
access to vital consumer product safety information;
and
(C) carrying out the responsibilities of the
Director under this Act.
(2) Cooperation.--Each member of the Council shall ensure
that the department or agency the member represents--
(A) provides such assistance, information, and
advice as the Director may request;
(B) complies with information sharing policies,
procedures, guidelines, and standards established by
the Director; and
(C) provides adequate resources to support the
activities and operations of the Office.
(d) Meetings.--The Director shall convene monthly meetings of the
Council.
SEC. 5. STRATEGIC PLAN.
(a) Strategic Plan Required.--Not later than 180 days after the
date of the enactment of this Act, and every 2 years thereafter, the
Director shall, after consulting with the members of the Council,
submit to the President and to Congress a strategic plan.
(b) Contents of Strategic Plan.--The strategic plan submitted under
subsection (a) shall contain--
(1) a detailed description of the goals, objectives, and
priorities of the Office and the Council;
(2) a description of the methods for achieving the goals,
objectives, and priorities;
(3) a description of the performance measures that will be
used to monitor results in achieving the goals, objectives, and
priorities; and
(4) an estimate of the resources necessary to achieve the
goals, objectives, and priorities described in subparagraph
(1), and an estimate of the cost of the resources.
SEC. 6. REPORT ON INTERNATIONAL AND DOMESTIC PRODUCT SAFETY.
(a) Report Required.--Not later than November 1 of each calendar
year, the Director shall submit to the President and to Congress, a
written report on the safety of international and domestic consumer
products.
(b) Content of Report.--The report submitted under subsection (a)
shall contain a detailed description of the implementation of the
duties set forth in section 3(c) of the Act.
(c) Consultations.--The Director shall consult with the members of
the Council with respect to the preparation of the report required
under subsection (a). Any comments provided by the members of the
Council shall be submitted to the Director not later than October 15 of
each calendar year. The Director shall submit the report to Congress
after taking into account all comments received.
SEC. 7. PRIORITY IN INTERNATIONAL TRADE TALKS.
The President, the Director, and members of the Council shall seek
to engage trading partners of the United States in bilateral and
multilateral fora regarding improvements in consumer product safety,
including cooperation and coordination with respect to--
(1) authorization of preexport audits and inspections;
(2) establishment of safety standards, testing, and
certifications; and
(3) public dissemination of information concerning consumer
product recalls, advisories, alerts, seizures, defect
determinations, import bans, and other related actions.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary to carry out the provisions of
this Act and the activities of the Office.
SEC. 9. AUTHORIZATION OF INTERAGENCY SUPPORT FOR PRODUCT SAFETY
COORDINATION.
The use of interagency funding and other forms of support is
authorized by Congress to carry out the functions and activities of the
Office and the functions and activities of the Council.
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International and Domestic Product Safety Act - Establishes in the Department of Commerce an Office of International and Domestic Product Safety to oversee and coordinate international and domestic consumer product safety responsibilities in a way that protects the health and safety of U.S. consumers and ensures that consumers and businesses have access to consumer product safety information.
Establishes a Product Safety Coordinating Council to assist the Office's director.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Irene and Lee Tax Relief Storm
Recovery Act of 2013''.
SEC. 2. ADDITIONAL LOW-INCOME HOUSING CREDIT MAY BE ALLOCATED IN STATES
DAMAGED IN 2011 BY HURRICANE IRENE OR TROPICAL STORM LEE.
(a) In General.--Paragraph (3) of section 42(h) of the Internal
Revenue Code of 1986 (relating to limitation on aggregate credit
allowable with respect to projects located in a State) is amended by
adding at the end the following new subparagraph:
``(J) Increase in state housing credit for states
damaged in 2011 by hurricane irene or tropical storm
lee.--
``(i) In general.--In the case of calendar
years 2013, 2014, and 2015, the State housing
credit ceiling of each State any portion of
which includes any portion of the Irene-Lee
disaster area shall be increased by the lesser
of--
``(I) the aggregate housing credit
dollar amount allocated by the State
housing credit agency of such State for
such calendar year to buildings located
in such disaster area, or
``(II) the applicable limitation,
reduced by the aggregate increase under
this clause for all prior calendar
years.
``(ii) Applicable limitation.--For purposes
of clause (i), the applicable limitation is the
lesser of--
``(I) $2.15 multiplied by the
population of the area described in
clause (vii)(I), or
``(II) 50 percent of the State
housing credit ceiling (determined
without regard to this subparagraph)
for 2013.
``(iii) Allocations treated as made first
from additional allocation amount for purposes
of determining carryover.--For purposes of
determining the unused State housing credit
ceiling under subparagraph (C) for any calendar
year, any increase in the State housing credit
ceiling under clause (i) shall be treated as an
amount described in clause (ii) of such
subparagraph.
``(iv) Difficult development area.--
``(I) In general.--In the case of
property placed in service during 2013,
2014, or 2015, the Irene-Lee disaster
area shall be treated as a difficult
development area designated under
subclause (I) of subsection
(d)(5)(B)(iii), and shall not be taken
into account for purposes of applying
the limitation under subclause (II) of
such subsection.
``(II) Application of clause.--
Clause (i) shall apply only to--
``(aa) housing credit
dollar amounts allocated during
2013, 2014, or 2015, and
``(bb) to the extent that
paragraph (1) does not apply to
any building by reason of
paragraph (4), only with
respect to bonds issued after
December 31, 2012.
``(v) Special rule for applying income
tests.--In the case of property placed in
service after 2012 and before 2020 in a
nonmetropolitan area (as defined in subsection
(d)(5)(B)(iv)(IV)) within the Irene-Lee
disaster area, this section shall be applied by
substituting `national nonmetropolitan median
gross income (determined under rules similar to
the rules of section 142(d)(2)(B))' for `area
median gross income' in subparagraphs (A) and
(B) of subsection (g)(1).
``(vi) Time for making low-income housing
credit allocations.--Paragraph (1)(B) shall not
apply to an allocation of housing credit dollar
amount to a building located in the Irene-Lee
disaster area if such allocation is made in
2013, 2014, or 2015, and such building is
placed in service before January 1, 2019.
``(vii) Irene-lee disaster area.--For
purposes of this subparagraph, the term `Irene-
Lee disaster area' means--
``(I) each county included in the
geographical area covered by a
qualifying natural disaster
declaration, and
``(II) each county contiguous to a
county described in subclause (I).
``(viii) Qualifying natural disaster
declaration.--For purposes of clause (vii), the
term `qualifying natural disaster declaration'
means--
``(I) a natural disaster declared
by the Secretary of Agriculture in 2011
due to damaging weather and other
conditions relating to Hurricane Irene
or Tropical Storm Lee under section
321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C.
1961(a)), or
``(II) a major disaster or
emergency designated by the President
in 2011 due to damaging weather and
other conditions relating to Hurricane
Irene or Tropical Storm Lee under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5121 et seq.).''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
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Irene and Lee Tax Relief Storm Recovery Act of 2013 - Amends the Internal Revenue Code to allow an increase in 2013, 2014, and 2015 of the amount of the low-income housing tax credit that may be allocated in states containing counties covered by the natural disaster declaration of the Secretary of Agriculture in 2011 due to damage from Hurricane Irene or Tropical Storm Lee.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation Act of 2010''.
SEC. 2. GRANTEE REPORTS ON COMMERCIALIZATION STRATEGY AND RESULTS.
(a) In General.--Any institution of higher education (as such term
is defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))) that receives 1 or more grants of financial assistance
from the National Science Foundation for research shall submit a report
to the Foundation at the end of the first year of the grants, and at
the end of each subsequent year in which funds are received pursuant to
such grants, describing--
(1) the institution's strategy for commercializing the
results of research supported by such grants;
(2) the implementation of the strategy with respect to
research supported by the grants; and
(3) the results of its efforts to realize the commercial
potential of the research supported by those grants.
(b) Web Site.--The Foundation shall post reports received under
this section on a Web site accessible to and searchable by the public.
(c) Trade Secret Information.--An institution of higher education
that submits reports to the Foundation under this section shall not
reveal confidential, trade secret, or proprietary information in such
reports.
SEC. 3. NSF GRANTS IN SUPPORT OF SPONSORED POST-DOCTORAL FELLOWSHIP
PROGRAMS.
The Director of the National Science Foundation may utilize funds
appropriated to carry out grants to institutions of higher education
(as such term is defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))) to provide financial support for post-
graduate research in fields with potential commercial applications to
match, in whole or in part, any private sector grant of financial
assistance to any post-doctoral program in such a field of study.
SEC. 4. STEM INDUSTRY INTERNSHIP PROGRAMS.
(a) In General.--The Director may award grants, on a competitive,
merit-reviewed basis, to institutions of higher education, or consortia
thereof, to establish or expand partnerships with local or regional
private sector entities, for the purpose of providing undergraduate
students with integrated internship experiences that connect private
sector internship experiences with the students' STEM coursework. The
partnerships may also include industry or professional associations.
(b) Internship Program.--The grants awarded under section (a) may
include internship programs in the manufacturing sector.
(c) Use of Grant Funds.--Grants under this section may be used--
(1) to develop and implement hands-on learning
opportunities;
(2) to develop curricula and instructional materials
related to industry, including the manufacturing sector;
(3) to perform outreach to secondary schools;
(4) to develop mentorship programs for students with
partner organizations; and
(5) to conduct activities to support awareness of career
opportunities and skill requirements.
(d) Priority.--In awarding grants under this section, the Director
shall give priority to institutions of higher education or consortia
thereof that demonstrate significant outreach to and coordination with
local or regional private sector entities and Regional Centers for the
Transfer of Manufacturing Technology established by section 25(a) of
the National Institute of Standards and Technology Act (15 U.S.C.
278k(a)) in developing academic courses designed to provide students
with the skills or certifications necessary for employment in local or
regional companies.
(e) Outreach to Rural Communities.--The Foundation shall conduct
outreach to institutions of higher education and private sector
entities in rural areas to encourage those entities to participate in
partnerships under this section.
(f) Cost-Share.--The Director shall require a 50 percent non-
Federal cost-share from partnerships established or expanded under this
section.
(g) Restriction.--No Federal funds provided under this section may
be used--
(1) for the purpose of providing stipends or compensation
to students for private sector internships unless private
sector entities match 75 percent of such funding; or
(2) as payment or reimbursement to private sector entities,
except for institutions of higher education.
(h) Report.--Not less than 3 years after the date of enactment of
this Act, the Director shall submit a report to Congress on the number
and total value of awards made under this section, the number of
students affected by those awards, any evidence of the effect of those
awards on workforce preparation and jobs placement for participating
students, and an economic and ethnic breakdown of the participating
students.
SEC. 5. STUDY TO DEVELOP IMPROVED IMPACT-ON-SOCIETY METRICS.
(a) In General.--Within 180 days after the date of enactment of
this Act, the President of the National Academy of Sciences shall
initiate a study to evaluate, develop, or improve metrics for measuring
the potential impact-on-society, including--
(1) the potential for commercial applications of research
studies funded in whole or in part by grants of financial
assistance from the National Science Foundation or other
Federal agencies;
(2) the manner in which research conducted at, and
individuals graduating from, an institution of higher education
contribute to the development of new intellectual property and
the success of commercial activities;
(3) the quality of relevant scientific and international
publications; and
(4) the ability of such institutions to attract external
research funding.
(b) Report.--Within 1 year after initiating the study required by
subsection (a), the Director shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science and Technology setting forth the
Director's findings, conclusions, and recommendations.
SEC. 6. SIMPLIFICATION OF TAX CREDIT FOR CONTRIBUTIONS TO UNIVERSITIES
FOR RESEARCH AND DEVELOPMENT PURPOSES.
(a) In General.--Subparagraph (A) of section 41(e)(7) of the
Internal Revenue Code of 1986 (defining basic research) is amended by
striking ``not having a specific commercial objective''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of enactment of this Act.
SEC. 7. FEDERAL LOAN GUARANTEES FOR BUSINESSES COMMERCIALIZING NSF
GRANT-FUNDED RESEARCH IDEAS.
(a) Establishment.--The Secretary of Commerce shall establish a
program to provide loan guarantees for obligations to small- or medium-
sized businesses to assist them in making commercial use of products,
processes, or ideas generated by research grants funded by the National
Science Foundation.
(b) Eligible Projects.--A loan guarantee may be made under the
program only for a project that enables a small- or medium-sized
business in the United States--
(1) to use an innovative product, process, or idea that was
developed by research funded in whole or in part by a grant
from the National Science Foundation; and
(2) to develop, implement, market, or otherwise make use of
that product, process, or idea for commercial purposes.
(c) Eligible Borrower.--A loan guarantee may be made under the
program only for a borrower who is a small- or medium-sized business,
as determined by the Secretary under the criteria established pursuant
to subsection (m).
(d) Limitation on Amount.--A loan guarantee shall not exceed an
amount equal to 80 percent of the obligation, as estimated at the time
at which the loan guarantee is issued.
(e) Limitations on Loan Guarantee.--No loan guarantee shall be made
unless the Secretary determines that--
(1) there is a reasonable prospect of repayment of the
principal and interest on the obligation by the borrower;
(2) the amount of the obligation (when combined with
amounts available to the borrower from other sources) is
sufficient to carry out the project;
(3) the obligation is not subordinate to other financing;
(4) the obligation bears interest at a rate that does not
exceed a level that the Secretary determines appropriate,
taking into account the prevailing rate of interest in the
private sector for similar loans and risks; and
(5) the term of an obligation requires full repayment over
a period not to exceed the lesser of--
(A) 30 years; or
(B) 90 percent of the projected useful life, as
determined by the Secretary, of the asset to be
financed by the obligation.
(f) Penalty for Relocation Outside of United States.--The loan
agreement shall contain a provison that requires that, if the recipient
of the loan relocates more than 25 percent of the business activities
for which the loan was received outside the United States during the
term of the loan, the recipient is required to repay the remainder of
such loan--
(1) with interest at a penalty rate determined by the
Secretary before the issuance of the loan and in consultation
with the lender to deter the recipient of the loan from
relocating such activities outside the United States; and
(2) for a duration determined by the Secretary in
consultation with the lender.
(g) Defaults.--
(1) Payment by secretary.--
(A) In general.--If a borrower defaults (as defined
in regulations promulgated by the Secretary and
specified in the loan guarantee) on the obligation, the
holder of the loan guarantee shall have the right to
demand payment of the unpaid amount from the Secretary.
(B) Payment required.--Within such period as may be
specified in the loan guarantee or related agreements,
the Secretary shall pay to the holder of the loan
guarantee the unpaid interest on and unpaid principal
of the obligation as to which the borrower has
defaulted, unless the Secretary finds that there was no
default by the borrower in the payment of interest or
principal or that the default has been remedied.
(C) Forbearance.--Nothing in this subsection
precludes any forbearance by the holder of the
obligation for the benefit of the borrower which may be
agreed upon by the parties to the obligation and
approved by the Secretary.
(2) Subrogation.--
(A) In general.--If the Secretary makes a payment
under paragraph (1), the Secretary shall be subrogated
to the rights, as specified in the loan guarantee, of
the recipient of the payment or related agreements
including, if appropriate, the authority
(notwithstanding any other provision of law)--
(i) to complete, maintain, operate, lease,
or otherwise dispose of any property acquired
pursuant to such loan guarantee or related
agreement; or
(ii) to permit the borrower, pursuant to an
agreement with the Secretary, to continue to
pursue the purposes of the project if the
Secretary determines that such an agreement is
in the public interest.
(B) Superiority of rights.--The rights of the
Secretary, with respect to any property acquired
pursuant to a loan guarantee or related agreements,
shall be superior to the rights of any other person
with respect to the property.
(3) Notification.--If the borrower defaults on an
obligation, the Secretary shall notify the Attorney General of
the default.
(h) Terms and Conditions.--A loan guarantee under this section
shall include such detailed terms and conditions as the Secretary
determines appropriate--
(1) to protect the interests of the United States in the
case of default; and
(2) to have available all the patents and technology
necessary for any person selected, including the Secretary, to
complete and operate the project.
(i) Consultation.--In establishing the terms and conditions of a
loan guarantee under this section, the Secretary shall consult with the
Secretary of the Treasury.
(j) Fees.--
(1) In general.--The Secretary shall charge and collect
fees for loan guarantees in amounts the Secretary determines
are sufficient to cover applicable administrative expenses.
(2) Availability.--Fees collected under this subsection
shall--
(A) be deposited by the Secretary into the Treasury
of the United States; and
(B) remain available until expended, subject to
such other conditions as are contained in annual
appropriations Acts.
(3) Limitation.--In charging and collecting fees under
paragraph (1), the Secretary shall take into consideration the
amount of the obligation.
(k) Records.--
(1) In general.--With respect to a loan guarantee under
this section, the borrower, the lender, and any other
appropriate party shall keep such records and other pertinent
documents as the Secretary shall prescribe by regulation,
including such records as the Secretary may require to
facilitate an effective audit.
(2) Access.--The Secretary and the Comptroller General of
the United States, or their duly authorized representatives,
shall have access to records and other pertinent documents for
the purpose of conducting an audit.
(l) Full Faith and Credit.--The full faith and credit of the United
States is pledged to the payment of all loan guarantees issued under
this section with respect to principal and interest.
(m) Regulations.--The Secretary shall issue final regulations
before making any loan guarantees under the program. The regulations
shall include--
(1) criteria that the Secretary shall use to determine
eligibility for loan guarantees under this section, including--
(A) whether a borrower is a small- or medium-sized
business; and
(B) whether a borrower demonstrates that a market
exists for the product or that the process will prove
commercially successful;
(2) criteria that the Secretary shall use to determine the
amount of any fees charged under subsection (j), including
criteria related to the amount of the obligation;
(3) policies and procedures for selecting and monitoring
lenders and loan performance; and
(4) any other policies, procedures, or information
necessary to implement this section.
(n) Audit.--
(1) Annual independent audits.--The Secretary shall enter
into an arrangement with an independent auditor for annual
evaluations of the program under this section.
(2) Comptroller general review.--The Comptroller General of
the United States shall conduct a biennial review of the
Secretary's execution of the program under this section.
(3) Report.--The results of the independent audit under
paragraph (1) and the Comptroller General's review under
paragraph (2) shall be provided directly to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(o) Report to Congress.--Concurrent with the submission to Congress
of the President's annual budget request in each year after the date of
enactment of this Act, the Secretary shall transmit to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report containing a summary of all activities carried out under this
section.
(p) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities carried out
under this section are coordinated with, and do not duplicate the
efforts of, other loan guarantee programs within the Federal
Government.
(q) Minimizing Risk.--The Secretary shall promulgate regulations
and policies to carry out this section in accordance with Office of
Management and Budget Circular No. A-129, entitled ``Policies for
Federal Credit Programs and Non-Tax Receivables'', as in effect on the
date of enactment of this Act.
(r) Definitions.--In this section:
(1) Cost.--The term ``cost'' has the meaning given such
term under section 502 of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a).
(2) Loan guarantee.--The term ``loan guarantee'' has the
meaning given such term in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan
guarantee commitment (as defined in section 502 of such Act (2
U.S.C. 661a)).
(3) Obligation.--The term ``obligation'' means the loan or
other debt obligation that is guaranteed under this section.
(4) Program.--The term ``program'' means the loan guarantee
program established in subsection (a).
(s) Authorization of Appropriations.--
(1) Cost of loan guarantees.--There are authorized to be
appropriated such sums as are necessary for each of fiscal
years 2011 through 2015 to provide the cost of loan guarantees
under this section.
(2) Principal and interest.--There are authorized to be
appropriated such sums as are necessary to carry out subsection
(g).
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American Innovation Act of 2010 - Requires institutions of higher education (IHEs) that receive one or more financial assistance grants from the National Science Foundation (NSF) for research to report to the NSF on: (1) the IHE's strategy for commercializing the results of the research; (2) the implementation of such strategy; and (3) the results of its efforts to realize the commercial potential of the research.
Authorizes the Director of the NSF to use funds appropriated to carry out grants to IHEs for the provision of financial support for post-graduate research in fields of study with potential commercial applications to match any private sector grant of financial assistance to any post-doctoral program in such a field.
Authorizes the award of grants to IHEs or their consortia for the establishment or expansion of partnerships (including industry or professional association partnerships) with local or regional private sector entities to provide undergraduate students with private sector internship experiences (including manufacturing sector internships) that connect with their STEM coursework.
Requires National Academy of Sciences (NAS) to initiate a study to evaluate, develop, or improve impact-on-society metrics, including the potential for commercial applications of research studies funded by grants from the NSF or other federal agencies.
Amends the Internal Revenue Code to allow the research tax credit for basic research payments made to certain educational and scientific organizations to be made whether or not such research has a specific commercial objective.
Directs the Secretary of Commerce to establish a program to provide loan guarantees for obligations to borrowers who are small- or medium-sized businesses to assist them in making commercial use of products, processes, or ideas generated by NSF-funded research grants.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superfund Recycling Act of 1995''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to promote reuse and recycling of recyclable materials
in furtherance of the goals of waste minimization and natural
resource conversation while protecting human health and the
environment;
(2) to level the playing field between the use of virgin
materials and recycled materials; and
(3) to remove inappropriate and unnecessary disincentives
and impediments to recycling.
SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING
TRANSACTIONS.
(a) Clarification of Liability.--Title I of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) is amended by adding at the end the following new
section:
``SEC. 127. RECYCLING TRANSACTIONS.
``(a) Liability Clarification.--As provided in subsections (b) and
(c), a person who arranged for the recycling of recyclable material
shall not be liable under section 107(a)(3) or 107(a)(4).
``(b) Recyclable Material Defined.--For purposes of this section,
the term `recyclable material' means spent electric lamps, including
fluorescent and other types of lamps, and fossil fuel combustion
materials described in section 3001(b)(3)(A)(i) of the Solid Waste
Disposal Act when those lamps and materials are recycled, beneficially
used, or used as a raw material for manufacturing another product. The
Administrator may add other materials to this definition by regulation.
``(c) Transactions Involving Recyclable Material.--(1) Transactions
involving recyclable material shall constitute arranging for recycling
if the person who arranged for the transaction (by selling recyclable
material or otherwise arranging for the recycling of recyclable
material) can demonstrate by a preponderance of the evidence that the
following criteria, where applicable, were met at the time of the
transaction:
``(A) A market existed for the recyclable material.
``(B) A substantial portion of the recyclable material was
made available for use as a feedstock for the manufacture of a
new salable product.
``(C) The recyclable material could have been a replacement
or substitute for a virgin raw material, or the product made
from the recyclable material could have been a replacement or
substitute for a product made, in whole or in part, from a
virgin raw material.
``(D) For transactions occurring 90 days or more after the
date of the enactment of this section, the person exercised
reasonable care to determine that the facility where the
recyclable material would
be handled, processed, reclaimed, or otherwise managed by
another person (hereinafter in this section referred to as a `consuming
facility') was in compliance with substantive (not procedural or
administrative) provisions of any Federal, State, or local
environmental law or regulation, or compliance order or decree issued
pursuant thereto, applicable to the handling, processing, reclamation,
storage, or other management activities associated with the recyclable
material. For purposes of this subparagraph, the determination of
whether reasonable care was exercised shall be made using criteria that
include (i) the ability of the person to detect the nature of the
consuming facility's operations concerning its handling, processing,
reclamation, storage, or other management activities associated with
the recyclable material; and (ii) the result of inquiries made to the
appropriate Federal, State, or local environmental agency (or agencies)
regarding the consuming facility's past and current compliance with
substantive (not procedural or administrative) provisions of any
Federal, State, or local environmental law or regulation, or compliance
order or decree issued pursuant thereto, applicable to the handling,
processing, reclamation, storage, or other management activities
associated with the recyclable material.
``(2) For the purposes of this subsection, a requirement to obtain
a permit applicable to the handling, processing, reclamation, storage,
or other management activity associated with the recyclable materials
shall be considered to be a substantive provision.
``(d) Exclusions.--(1) Subsection (c) shall not apply if the person
had an objectively reasonable basis to believe at the time of the
recycling transaction--
``(A) that the recyclable material would not be recycled;
``(B) that the recyclable material would be burned for
incineration; or
``(C) for transactions occurring during the 90-day period
beginning on the date of the enactment of this section, that
the consuming facility was not in compliance with a substantive
(not a procedural or administrative) provision of any Federal,
State, or local environmental law or regulation, or compliance
order or decree issued pursuant thereto, applicable to the
handling, processing, reclamation, storage, or other management
activities associated with the recyclable material.
``(2) For purposes of this subsection, the determination of whether
the person had an objectively reasonable basis for belief shall be made
using criteria that include the size of the person's business,
customary industry practices, and the ability of the person to detect
the nature of the consuming facility's operations concerning its
handling, processing, reclamation, storage, or other management
activities associated with the recyclable material.
``(e) Effect on Other Liability.--Nothing in this section shall be
deemed to affect the liability of a person under paragraph (1) or (2)
of section 107(a).
``(f) Regulations.--The President may, under section 115,
promulgate any regulations necessary to implement this section.
``(g) Effect on Pending or Concluded Actions.--The exemptions
provided in this section shall not affect any concluded judicial or
administrative action or any pending judicial action initiated by the
United States before the date of the enactment of this section.
``(h) Liability for Attorneys' Fees for Certain Action.--Any person
who commences an action in contribution against a person who is not
liable by operation of this section shall be liable to that person for
all reasonable costs of defending that action, including all reasonable
attorneys' and expert witness fees.
``(i) Relationship to Liability Under Other Laws.--Nothing in this
section shall affect--
``(1) liability under any other Federal, State, or local
statute or regulation promulgated pursuant to any such statute,
including any requirements promulgated by the Administrator
under the Solid Waste Disposal Act; or
``(2) the authority of the Administrator to promulgate
regulations under any other statute, including the Solid Waste
Disposal Act.''.
(b) Technical Amendment.--The table of contents for title I of such
Act is amended by adding at the end the following new item:
``Sec. 127. Recycling transactions.''.
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Superfund Recycling Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of certain recyclable materials (spent electric lamps and fly ash, bottom ash, slag, and flue gas emission control waste generated primarily from combustion of coal or other fossil fuels when these materials are recycled, beneficially used, or used as raw materials for manufacturing another product) from liability for costs of environmental response actions.
Considers transactions involving such materials to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material, or product to be made from the material, could have been a replacement or substitute for a virgin raw material, or a product made from a virgin raw material, respectively; and (4) in the case of transactions occurring at least 90 days after the date of enactment of this Act, the person exercised reasonable care to determine that the facility where the recyclable material would be handled, processed, reclaimed, or otherwise managed by another person (the consuming facility) was in compliance with substantive provisions of Federal, State, and local environmental laws and regulations or compliance orders or decrees.
Makes the exemptions from liability under this Act inapplicable if the person had an objectively reasonable basis to believe at the time of the recycling transaction that: (1) the material would not be recycled; (2) the material would be incinerated; or (3) for transactions occurring during the 90-day period beginning on enactment of this Act, the consuming facility was not in compliance with substantive environmental laws and regulations or compliance orders or decrees.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing State Energy Security
Planning and Emergency Preparedness Act of 2017''.
SEC. 2. STATE ENERGY SECURITY PLANS.
(a) In General.--Part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the
end the following:
``SEC. 367. STATE ENERGY SECURITY PLANS.
``(a) In General.--Federal financial assistance made available to a
State under this part may be used for the implementation, review, and
revision of a State energy security plan that assesses the State's
existing circumstances and proposes methods to strengthen the ability
of the State, in consultation with owners and operators of energy
infrastructure in such State, to--
``(1) secure the energy infrastructure of the State against
all physical and cybersecurity threats;
``(2) mitigate the risk of energy supply disruptions to the
State and enhance the response to, and recovery from, energy
disruptions; and
``(3) ensure the State has a reliable, secure, and
resilient energy infrastructure.
``(b) Contents of Plan.--A State energy security plan described in
subsection (a) shall--
``(1) address all fuels, including petroleum products,
other liquid fuels, coal, electricity, and natural gas, as well
as regulated and unregulated energy providers;
``(2) provide a State energy profile, including an
assessment of energy production, distribution, and end-use;
``(3) address potential hazards to each energy sector or
system, including physical threats and cybersecurity threats
and vulnerabilities;
``(4) provide a risk assessment of energy infrastructure
and cross-sector interdependencies;
``(5) provide a risk mitigation approach to enhance
reliability and end-use resilience; and
``(6) address multi-State, Indian Tribe, and regional
coordination planning and response, and to the extent
practicable, encourage mutual assistance in cyber and physical
response plans.
``(c) Coordination.--In developing a State energy security plan
under this section, the energy office of the State shall, to the extent
practicable, coordinate with--
``(1) the public utility or service commission of the
State;
``(2) energy providers from the private sector; and
``(3) other entities responsible for maintaining fuel or
electric reliability.
``(d) Financial Assistance.--A State is not eligible to receive
Federal financial assistance under this part, for any purpose, for a
fiscal year unless the Governor of such State submits to the Secretary,
with respect to such fiscal year--
``(1) a State energy security plan described in subsection
(a) that meets the requirements of subsection (b); or
``(2) after an annual review of the State energy security
plan by the Governor--
``(A) any necessary revisions to such plan; or
``(B) a certification that no revisions to such
plan are necessary.
``(e) Technical Assistance.--Upon request of the Governor of a
State, the Secretary may provide information and technical assistance,
and other assistance, in the development, implementation, or revision
of a State energy security plan.
``(f) Sunset.--This section shall expire on October 31, 2022.''.
(b) Authorization of Appropriations.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
(1) by striking ``$125,000,000'' and inserting
``$90,000,000''; and
(2) by striking ``2007 through 2012'' and inserting ``2018
through 2022''.
(c) Technical and Conforming Amendments.--
(1) Conforming amendments.--Section 363 of the Energy
Policy and Conservation Act (42 U.S.C. 6323) is amended--
(A) by redesignating subsection (f) as subsection
(e); and
(B) by striking subsection (e).
(2) Technical amendment.--Section 366(3)(B)(i) of the
Energy Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) is
amended by striking ``approved under section 367''.
(3) Reference.--The item relating to ``Department of
Energy--Energy Conservation'' in title II of the Department of
the Interior and Related Agencies Appropriations Act, 1985 (42
U.S.C. 6323a) is amended by striking ``sections 361 through
366'' and inserting ``sections 361 through 367''.
(4) Table of sections.--The table of sections for part D of
title III of the Energy Policy and Conservation Act is amended
by adding at the end the following:
``Sec. 367. State energy security plans.''.
Passed the House of Representatives July 18, 2017.
Attest:
KAREN L. HAAS,
Clerk.
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Enhancing State Energy Security Planning and Emergency Preparedness Act of 2017 (Sec.2)This bill amends the Energy Policy and Conservation Act to provide financial assistance to states for the implementation, review, and revision of a state energy security plan that assesses the state's existing circumstances and proposes methods to strengthen the ability of the state to have a reliable, secure, and resilient energy infrastructure. A state energy security plan must: address all fuels, including petroleum products, other liquid fuels, coal, electricity, and natural gas, as well as regulated and unregulated energy providers; provide a state energy profile, including an assessment of energy production, distribution, and end-use; address potential hazards to each energy sector or system, including physical threats and cybersecurity threats and vulnerabilities; provide a risk assessment of energy infrastructure and cross-sector interdependencies; provide a risk mitigation approach to enhance reliability and end-use resilience; and address multi-state, Indian tribe, and regional coordination planning and response and encourage mutual assistance in cyber and physical response plans. In developing an energy security plan, a state must coordinate with entities responsible for maintaining fuel or electric reliability, including public utilities and private energy providers. Upon request of a state, the Department of Energy (DOE) may provide assistance in the development, implementation, or revision of a state energy security plan. DOE's authority to carry out this bill's provisions expires on October 31, 2022.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fusion Energy Research
Accountability Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Federal fusion research program represents an
important national investment;
(2) over the last 40 years, United States taxpayers have
paid almost $10,000,000,000 for research on fusion energy;
(3) fusion energy has the potential to be a safe, secure,
and affordable source of energy for thousands of years;
(4) the Department of Energy's fusion energy program, which
is focused almost exclusively on the deuterium-tritium fuel
cycle and the tokamak concept for plasma confinement, has
demonstrated the scientific feasibility of fusion;
(5) recent studies from Department of Energy laboratories,
recent utility panels, and many in the fusion research
community have said that the tokamak concept may be too
expensive, radioactive, and complex to lead to a commercially
viable power reactor;
(6) the costs of developing a commercial tokamak fusion
reactor are estimated to be $40,000,000,000 by the year 2040;
(7) Department of Energy advisory panels have urged the
Department to support research in alternative fusion concepts
to broaden the base from which an eventual fusion power reactor
might emerge;
(8) resource constraints, however, have resulted in a
severe reduction in research on alternative fusion concepts;
(9) construction of large new tokamak devices threatens
funding for basic fusion research; and
(10) the Department of Energy, therefore, should
substantially reorient its magnetic fusion research program by
terminating planned construction of new, large tokamak devices,
and it should begin a major effort on cleaner, cheaper,
alternative concepts that have the potential of becoming
commercially viable.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``commercially viable'' means--
(A) able to attract private sector capital;
(B) requiring low operation and maintenance costs,
including fuel costs;
(C) reliable with continuous operational
capability;
(D) requiring limited personnel resources;
(E) having low plant design complexity;
(F) requiring low end-of-life costs;
(G) emitting acceptable volumes of waste;
(H) relatively easy to site, including low plant
space requirements; and
(I) safe;
(2) the term ``Department'' means the Department of Energy;
and
(3) the term ``Secretary'' means the Secretary of Energy.
SEC. 4. ADVISORY PANEL.
(a) Requirement.--The Secretary shall convene a fusion policy
advisory panel consisting of representatives from the electric
utilities, environmental and citizen groups, energy policy analysts,
advocates of alternative fusion technologies, and others as necessary
to ensure a broad representation of interests.
(b) Purpose.--The panel shall analyze the wisdom of a single,
narrow approach to fusion power, and shall develop recommendations for
a plan for the future of United States fusion energy research, ensuring
that adequate attention is given to alternative fusion concepts. Such
recommendations shall be developed in consideration of the findings of
this Act with the goal of the development of a commercially viable
fusion power system, and shall take into account any international
agreements the United States is party to and recommend any appropriate
changes thereto.
(c) Report to Congress.--Within 180 days after the date of
enactment of this Act, the panel shall issue a report to the Congress
with its recommendations.
SEC. 5. UNITED STATES FUSION ENERGY RESEARCH PROGRAM.
(a) Program Plan.--The Secretary shall develop, and within 270 days
after the date of enactment of this Act transmit to the Congress, a
comprehensive management plan for the United States fusion energy
research program which is based on the recommendations of the panel
under section 4. The plan shall provide for a fusion research program
which is focused on fusion concepts that could lead to the development
of a commercially viable fusion power system. The plan shall include
specific program objectives, cost estimates, and program management
resource requirements.
(b) Independent Evaluation.--The Secretary shall establish a
mechanism for ongoing independent evaluation of the United States
fusion energy research program, in order to ensure that programs not
leading to a commercially viable fusion power system are terminated.
(c) Reports to Congress.--Within 2 years after the date of
enactment of this Act, and every 2 years thereafter, the Secretary
shall transmit to the Congress a report describing the progress made in
meeting the program objectives and schedules established in the
management plan.
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Fusion Energy Research Accountability Act of 1994 - Directs the Secretary of Energy to convene a fusion policy advisory panel to report to the Congress on: (1) a single narrow approach to fusion power; and (2) develop recommendations for a plan for the future of domestic fusion energy research, ensuring attention to alternative fusion concepts.
Directs the Secretary to: (1) transmit to the Congress a comprehensive management plan for fusion energy research based upon the panel's recommendations; (2) establish a mechanism for ongoing independent evaluation of the fusion energy research program; and (3) transmit a status report biennially to the Congress.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pancreatic Islet Cell
Transplantation Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 1,000,000 individuals in the United
States have juvenile, or Type 1, diabetes.
(2) In individuals with juvenile diabetes, the body's
immune system attacks the pancreas and destroys islet cells
that produce insulin.
(3) Insulin is not a cure and individuals with juvenile
diabetes face the constant threat of devastating complications
as well as a drastic reduction in their quality of life and
shortening of their life span.
(4) The development of the ``Edmonton Protocol'' and
subsequent variations of that protocol, involving the
transplant of insulin-producing pancreatic islet cells into
individuals with juvenile diabetes, have brought us within
reach of a cure.
(5) Islet cell transplants have been hailed as the most
promising development in diabetes since the discovery of
insulin.
(6) Currently 80 percent of the approximately 70 patients
who have received islet cell transplants using variations of
the Edmonton Protocol have maintained normal glucose levels
without insulin injections after 1 year.
(7) One of the key hurdles in expanding the number of
patients enrolled in these protocols is the insufficient number
of pancreases available for islet cell transplantation.
(8) The Federal Government should promote policies and
regulations to increase the supply of pancreases for research,
to coordinate efforts and information in the emerging area of
islet cell transplantation, and to collect the data necessary
to move islet cell transplantation from an experimental
procedure to a standard therapy covered by insurance.
SEC. 3. ORGAN PROCUREMENT ORGANIZATION CERTIFICATION.
Section 371 of the Public Health Service Act (42 U.S.C. 273) is
amended by adding at the end the following:
``(c) Pancreases procured by an organ procurement organization and
used for islet cell transplantation or research shall be counted for
purposes of certification or recertification under subsection (b).''.
SEC. 4. INTERAGENCY COMMITTEE ON ISLET CELL TRANSPLANTATION.
(a) Establishment.--There is established within the Department of
Health and Human Services the Interagency Committee on Islet Cell
Transplantation (in this section referred to as the ``Committee'').
(b) Membership.--The Committee shall be composed of a
representative from--
(1) the National Institute on Diabetes and Digestive Kidney
Diseases, who shall serve as chairperson of the Committee;
(2) the National Institute of Allergy and Infectious
Diseases;
(3) the National Institute of Environmental Health
Sciences;
(4) the Health Resources and Services Administration;
(5) the Centers for Medicare and Medicaid Services;
(6) the Department of Defense;
(7) the Department of Veterans Affairs;
(8) the National Aeronautics and Space Administration; and
(9) other agencies and National Institutes of Health
representatives as determined appropriate by the chairperson
and Secretary of Health and Human Services.
(c) Duties.--
(1) Study.--The Committee shall conduct a study of--
(A) the adequacy of Federal research funding for
taking advantage of scientific opportunities relating
to islet cell transplantation;
(B) current policies and regulations affecting the
supply of pancreases for islet cell transplantation;
(C) the effect of xenotransplantation on advancing
islet cell transplantation;
(D) the effect of United Network for Organ Sharing
variances on pancreas retrieval and islet cell
transplantation; and
(E) the existing mechanisms to collect and
coordinate outcome data from existing islet cell
transplantation trials.
(2) Recommendations.--The Committee shall develop
recommendations concerning the matters studied under paragraph
(1).
(3) Report.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Committee
shall submit a report to the Secretary of Health and Human
Services and the appropriate committees of Congress that shall
contain a detailed statement of the findings and conclusions of
the Committee, together with recommendations for such
legislation and administrative actions as the committee
considers appropriate to increase the supply of pancreases
available for islet cell transplantation.
SEC. 5. STUDY.
(a) In General.--The Secretary of Health and Human Services shall
request that the Institute of Medicine conduct, or contract with
another entity to conduct, a study on the impact of islet cell
transplantation on the health-related quality of life and the economic
outcomes for individuals with juvenile diabetes and the cost-
effectiveness of such treatment.
(b) Matters Studied.--The study authorized under this section shall
examine and consider the health-related quality of life of juvenile
diabetes patients before and after pancreatic cell transplantation.
Outcome measures shall include--
(1) clinical outcomes, including episodes of hypoglycemia
unawareness and the long-term development of diabetes-related
clinical complications, including nephropathy, neuropathy,
retinopathy, and vascular disease;
(2) health-related quality of life outcomes, including
patient levels of worry with respect to fear of hypoglycemia
episodes, the ability to perform basic life and work-associated
functions, and the impact on the quality of life of family
members and caregivers; and
(3) the cost-effectiveness of pancreatic islet cell
transplantation, as compared to both standard medical
management (such as continued daily insulin injections) and
whole pancreas transplantation, for patients with juvenile
diabetes.
(c) Cost-Effectiveness Analysis.--Cost-effectiveness analysis, as
described in subsection (b)(3), shall include standard health profile
instruments to assess post-treatment costs and benefits, including--
(1) direct measures, such as--
(A) post-transplant health care resource
utilization; and
(B) long-term health care resource utilization due
to diabetes complications, including nephropathy,
neuropathy, retinopathy, and vascular disease which can
extend to include sight loss and limb loss; and
(2) indirect measures, such as--
(A) time lost at work; and
(B) productivity analysis.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, such
sums as may be necessary.
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Pancreatic Islet Cell Transplantation Act of 2002 - Amends the Public Health Service Act to include pancreases procured by an organ procurement organization and used for islet cell transplantation or research to be counted toward organ procurement organization certification.Establishes the Interagency Committee on Islet Cell Transplantation within the Department of Health and Human Services (HHS). Requires the Committee to study related issues, including Federal research funding, the effect of specified policies on transplantation, and data collection.Instructs the Secretary of HHS to request the Institute of Medicine to provide a study of the impact of islet cell transplantation on juvenile diabetes patients, including their health and the treatment's cost-effectiveness.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theodore Roosevelt National Wildlife
Refuge Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Yazoo-Mississippi Delta, located in Holmes,
Humphreys, Issaquena, Leflore, Sharkey, Warren, Washington, and
Yazoo Counties, Mississippi, popularly known as the Lower
Delta, is of critical importance to the Louisiana Black Bear,
over 350 species of birds (including migratory and resident
waterfowl, shore birds, and neotropical migratory birds),
aquatic life, and a wide array of other species associated with
river basin ecosystems.
(2) The bottomland hardwood forests of the Lower Delta have
been significantly cleared. Reforestation and restoration of
native habitat will benefit a host of species.
(3) The Lower Delta is part of a major continental
migration corridor for migratory birds funneling through the
midcontinent from as far north as the Arctic Circle and as far
south as South America.
(4) The Lower Delta offers extraordinary recreational,
research, and educational opportunities for students,
scientists, bird watchers, wildlife observers, hunters,
anglers, trappers, hikers, and nature photographers.
(5) The Lower Delta is an internationally significant
environmental resource that has been neglected and requires
active restoration and management to protect and enhance the
value of the region as a habitat for fish and wildlife.
(6) The Lower Delta's existing natural, historical, and
cultural assets and environmental restoration potential may
provide for a large component of the economic revitalization of
this area.
(7) The Lower Delta has the Nation's highest potential
carbon sequestration storage capacity.
SEC. 3. ESTABLISHMENT AND PURPOSE OF REFUGE.
(a) Establishment.--The Secretary shall establish as a national
wildlife refuge the lands, waters, and interests therein acquired under
section 5, at such time as the Secretary determines that sufficient
property has been acquired under that section to constitute an area
that can be effectively managed as a national wildlife refuge for the
purposes set forth in subsection (b) of this section. The national
wildlife refuge so established shall be known as the ``Theodore
Roosevelt National Wildlife Refuge''.
(b) Purposes.--The purposes of the Refuge are the following:
(1) To restore and preserve native Mississippi River
ecosystems.
(2) To provide habitat for migratory birds and the
Louisiana Black Bear.
(3) To maximize fisheries on the Mississippi River and its
tributaries, natural lakes, and manmade reservoirs.
(4) To provide habitat for and population management of
native plants and resident animals (including restoration of
extirpated species).
(5) To provide technical assistance to private landowners
in the protection, restoration, and enhancement of their lands
for the benefit of fish and wildlife.
(6) To provide the public with opportunities for hunting,
angling, trapping, photographing wildlife, hiking, bird
watching, and other outdoor recreational and educational
activities.
(7) To celebrate President Theodore Roosevelt and his 1902
bear hunt in Mississippi, which gave birth to the ``teddy
bear''.
(8) To increase natural, cultural, and historical resource
education and business.
(9) To achieve the purposes under this subsection without
violating section 6.
(c) Notice of Establishment.--The Secretary shall publish a notice
of the establishment of the Refuge--
(1) in the Federal Register; and
(2) in publications of local circulation in the vicinity of
the Refuge.
SEC. 4. ADMINISTRATION OF REFUGE.
(a) In General.--The Secretary shall administer all lands, waters,
and interests therein acquired under section 5 in accordance with--
(1) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28,
1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; popularly known as
the Refuge Recreation Act);
(2) the purposes of the Refuge set forth in section 3(b);
and
(3) the management plan issued under subsection (b).
(b) Management Plan.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall issue a
management plan for the Refuge.
(2) Contents.--The management plan shall include provisions
that provide for the following:
(A) Planning and design of trails and access
points.
(B) Planning of wildlife and habitat restoration,
including reforestation.
(C) Permanent exhibits and facilities and regular
educational programs throughout the Refuge.
(3) Public participation.--
(A) In general.--The Secretary shall provide an
opportunity for public participation in developing the
management plan.
(B) Local views.--The Secretary shall give special
consideration to views by local public and private
entities and individuals in developing the management
plan.
(c) Wildlife Interpretation and Education Center.--
(1) In general.--The Secretary shall construct, administer,
and maintain, at an appropriate site within the Refuge, a
multiagency wildlife interpretation and education center, which
shall be known as the Holt Collier Wildlife Interpretation and
Education Center.
(2) Purposes.--The center shall be designed and operated--
(A) to provide continuing, natural, cultural and
historical resource conservation and restoration
educational programs to the public and business
development education and assistance for natural
resource-based tourism activities;
(B) to promote environmental education;
(C) to provide an opportunity for the study and
enjoyment of wildlife in its natural habitat; and
(D) to honor the legendary African American hunting
guide Holt Collier.
SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.
(a) In General.--The Secretary shall seek to acquire up to 25,000
acres of land, water, or interests therein (including permanent
conservation easements or servitudes) within the boundaries designated
under subsection (c). All lands, waters, an interests acquired under
this subsection shall be part of the Refuge.
(b) Method of Acquisition.--The Secretary may acquire an interest
in land or water for inclusion in the Refuge only by donation,
exchange, or purchase from a willing seller.
(c) Designation of Boundaries.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall--
(A) consult with appropriate State and local
officials, private conservation organizations, and
other interested parties, regarding the designation of
appropriate boundaries for the Refuge within the
selection area;
(B) designate boundaries of the Refuge that are
within the selection area and adequate for fulfilling
the purposes of the Refuge set forth in section 3(b);
and
(C) prepare a detailed map, entitled ``Theodore
Roosevelt National Wildlife Refuge'', depicting the
boundaries of the Refuge designated under subparagraph
(B).
(2) Selection area.--For purposes of this subsection, the
selection area consists of Holmes, Humphreys, Issaquena,
Leflore, Sharkey, Warren, Washington, and Yazoo Counties,
Mississippi.
(3) Availability of map; notice.--The Secretary shall--
(A) keep the map prepared under paragraph (1) on
file and available for public inspection at offices of
the United States Fish and Wildlife Service in the
District of Columbia and Mississippi; and
(B) publish in the Federal Register a notice of
that availability.
(d) Boundary Revisions.--The Secretary may make such minor
revisions in the boundaries designated under subsection (c) as may be
appropriate to achieve the purposes of the Refuge under section 3(b) or
to facilitate the acquisition of property for the Refuge.
SEC. 6. CONTINUED PUBLIC SERVICES.
Nothing in this Act shall be construed as prohibiting or
preventing, and the Secretary shall not for purposes of the Refuge
prohibit or prevent--
(1) the continuation or development of commercial or
recreational navigation on the Mississippi River or Yazoo
River;
(2) necessary construction, operation, or maintenance
activities associated with the proposed Yazoo Backwater Pump
Project;
(3) the construction, improvement, or expansion of public
port or recreational facilities on the Mississippi River or
Yazoo River; or
(4) the construction, improvement, or replacement of
railroads or interstate highways within the selection area
described in section 5(c)(2), or bridges that cross the
Mississippi River, Sunflower River, or Yazoo River.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Refuge.--The term ``Refuge'' means the Theodore
Roosevelt National Wildlife Refuge established under section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
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Theodore Roosevelt National Wildlife Refuge Act - Directs the Secretary of the Interior to establish as the Theodore Roosevelt National Wildlife Refuge certain lands, waters, and interests the Secretary shall acquire in the Yazoo-Mississippi Delta, located in Holmes, Humphreys, Issaquena, Leflore, Sharkey, Warren, Washington, and Yazoo Counties, Mississippi, popularly known as the Lower Delta, in order to: (1) restore and preserve native Mississippi River ecosystems; (2) provide habitat for migratory birds and the Louisiana Black Bear, as well as population management of native plants and resident animals (including restoration of extirpated species); (3) maximize fisheries on the Mississippi River and its tributaries, natural lakes, and manmade reservoirs; (4) provide technical assistance to private landowners in fish and wildlife protection, restoration, and enhancement of their lands; and (5) provide the public with opportunities for hunting, angling, trapping, and other outdoor recreational and educational activities.
Directs the Secretary to construct, administer, and maintain in the Refuge a multiagency Holt Collier Wildlife Interpretation and Education Center.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Hospital Outpatient Payment
Equality (HOPE) Act of 1999''.
SEC. 2. REFINEMENTS TO MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR
OUTPATIENT HOSPITAL SERVICES.
(a) Special Payment Adjustment for Certain Visits.--Section 1833(t)
of the Social Security Act (42 U.S.C. 1395l(t)) is amended--
(1) by redesignating paragraph (9) as paragraph (10) and
inserting after paragraph (8) the following:
``(9) Special payment adjustment for certain visits.--
``(A) In general.--Notwithstanding the preceding
paragraphs of this subsection, the amount of payment
made under this part for covered OPD services that are
classified within an ambulatory patient classification
group for--
``(i) emergency room visits, or
``(ii) clinic visits,
shall be equal to the product of the amount of payment
determined under paragraph (4) for services classified
within such group and the adjustment factor determined
under subparagraph (B) or (C).
``(B) Adjustment factor for er visits.--The
adjustment factor for covered OPD services that are
classified within ambulatory patient classification
groups for emergency room visits shall be determined as
follows:
``(i) Estimate of aggregate reasonable
costs.--The Secretary shall estimate the total
amount that would be payable under this part
for all covered OPD services that are
classified within such groups and furnished in
2000 if payment for such services was based on
the reasonable costs incurred in furnishing
such services.
``(ii) Estimate of aggregate payments under
opd pps.--The Secretary shall estimate the
total amount that would be payable under this
subsection for all covered OPD services that
are classified within such groups and furnished
in 2000, determined without regard to this
paragraph.
``(iii) Determination of adjustment
factor.--The adjustment factor determined under
this subparagraph shall equal the quotient
obtained by dividing the amount determined
under clause (i) by the amount determined under
clause (ii).
``(C) Adjustment factor for clinic visits.--In
determining the adjustment factor for covered OPD
services that are classified within ambulatory patient
classification groups for clinic visits, subparagraph
(B) shall be applied--
``(i) by substituting `clinic' for `er' and
`emergency room' each place either appears, and
``(ii) by substituting `94.2 percent of
reasonable costs' for `reasonable costs' in
clause (i) of such subparagraph.
``(D) Relation to other rules.--
``(i) Part b, blood deductibles.--In
applying the deductibles described in
subsection (b), the amount of payment
determined under this paragraph for a covered
OPD service shall be substituted for the amount
determined under paragraph (4) for such
service.
``(ii) Inapplicability of budget neutrality
requirement.--The adjustments required by this
paragraph shall not be subject to the budget
neutrality requirements of paragraph (2)(E).
``(iii) No effect on certain
determinations.--The amounts payable by reason
of this paragraph shall not be taken into
account in determining--
``(I) copayment amounts under
paragraph (3)(B),
``(II) medicare OPD fee schedule
amounts under paragraph (3)(D),
``(III) pre-deductible payment
percentages under paragraph (3)(E), or
``(IV) compliance with the volume
control mechanism established pursuant
to paragraph (2)(F).
``(iv) Hold harmless.--The adjustments
required by this paragraph shall be taken into
account in applying the temporary limits on
payment reductions established under subsection
(e) of section 4523 of the Balanced Budget Act
of 1997.''.
(b) Elimination of Reduction in Market Basket.--Section
1833(t)(3)(C)(iii) of the Social Security Act (42 U.S.C.
1395l(t)(3)(C)(iii)) is amended by striking ``, reduced by 1 percentage
point for such factor for services furnished in each of 2000, 2001, and
2002''.
(c) Temporary Limitation on Reductions.--
(1) In general.--Section 4523 of the Balanced Budget Act of
1997 is amended by adding at the end the following:
``(e) Temporary Limit on Reductions in Federal Payments.--
``(1) In general.--Notwithstanding section 1833(t) of the
Social Security Act (42 U.S.C. 1395l(t)), as added by
subsection (a), the amount that is paid from the Federal
Supplementary Medical Insurance Trust Fund for covered OPD
services furnished by a hospital during a calendar year (or
portion thereof) specified in paragraph (2)(A) may not be less
than the applicable percentage of the case mix adjusted average
amount that would have been payable to such hospital for such
services (including cost sharing) if the prospective payment
system established under such section did not apply. Such
average amount may be determined on a prospective basis using
the Secretary's best estimate of the reasonable costs incurred
in furnishing covered OPD services or on a retrospective basis
using cost reports submitted by a hospital.
``(2) Definitions.--For purposes of paragraph (1):
``(A) Applicable percentage.--Subject to paragraph
(3), the term `applicable percentage' means--
``(i) with respect to covered OPD services
furnished during the first full calendar year
(and any portion of the immediately preceding
calendar year) for which the prospective
payment system established under section
1833(t) of such Act is in effect, 95 percent,
``(ii) with respect to the second full calendar
year for which such system is in effect, 90 percent,
and
``(iii) with respect to the third full calendar
year for which such system is in effect, 85 percent.
``(B) Covered opd services.--The term `covered OPD
services' has the meaning given to such term in section
1833(t)(1)(B) of such Act.
``(3) Application to certain hospitals.--In the case of
hospitals described in section 1833(t)(8) of such Act, the
`applicable percentage' for a calendar year (or portion
thereof) shall be the same applicable percentage that applies
to covered OPD services furnished by hospitals that are not
described in such section during such calendar year (or portion
thereof).
``(4) Rule of construction.--Nothing in this subsection
shall be construed as affecting the amount of cost sharing paid
by individuals enrolled under part B of title XVIII of the
Social Security Act for covered OPD services.''.
(2) Conforming amendment.--Section 1833(t)(1)(A) of the
Social Security Act (42 U.S.C. 1395l(t)(1)(A)) is amended by
inserting ``except as provided in section 4523(e) of the
Balanced Budget Act of 1997,'' after ``1999,''.
(d) Effective Date.--
(1) Special adjustments for certain visits.--The amendments
made by subsection (a) shall apply to items and services
furnished on or after January 1, 2000.
(2) Market basket; temporary limits on reductions.--The
amendments made by subsections (b) and (c) are effective as if
included in the enactment of the Balanced Budget Act of 1997.
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Amends the Balanced Budget Act of 1997 to establish a temporary limitation on reductions in Federal payments for covered outpatient hospital services.
Provides for the retroactivity of certain portions of this Act.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Court of Appeals for Veterans Claims
Act of 1999''.
SEC. 2. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.
Section 7254 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(f) The Court may prescribe rules and regulations to carry out
this chapter.''.
SEC. 3. RECALL OF RETIRED JUDGES.
(a) Authority To Recall Retired Judges.--Chapter 72 of title 38,
United States Code, is amended by inserting after section 7256 the
following new section:
``Sec. 7257. Recall of retired judges
``(a)(1) A retired judge of the Court may be recalled for further
service on the Court in accordance with this section. To be eligible to
be recalled for such service, a retired judge must at the time of the
judge's retirement provide to the chief judge of the Court (or, in the
case of the chief judge, to the clerk of the Court) notice in writing
that the retired judge is available for further service on the Court in
accordance with this section and is willing to be recalled under this
section. Such a notice provided by a retired judge is irrevocable.
``(2) For the purposes of this section--
``(A) a retired judge is a judge of the Court of Veterans
Appeals who retires from the Court under section 7296 of this
title or under chapter 83 or 84 of title 5; and
``(B) a recall-eligible retired judge is a retired judge
who has provided a notice under paragraph (1).
``(b)(1) The chief judge may recall for further service on the
court a recall-eligible retired judge in accordance with this section.
Such a recall shall be made upon written certification by the chief
judge that substantial service is expected to be performed by the
retired judge for such period, not to exceed 90 days (or the
equivalent), as determined by the chief judge to be necessary to meet
the needs of the Court.
``(2) A recall-eligible retired judge may not be recalled for more
than 90 days (or the equivalent) during any calendar year without the
judge's consent or for more than a total of 180 days (or the
equivalent) during any calendar year.
``(3) If a recall-eligible retired judge is recalled by the chief
judge in accordance with this section and (other than in the case of a
judge who has previously during that calendar year served at least 90
days (or the equivalent) of recalled service on the court) declines
(other than by reason of disability) to perform the service to which
recalled, the chief judge shall remove that retired judge from the
status of a recall-eligible judge.
``(4) A recall-eligible retired judge who becomes permanently
disabled and as a result of that disability is unable to perform
further service on the court shall be removed from the status of a
recall-eligible judge. Determination of such a disability shall be made
in the same manner as is applicable to judges of the United States
under section 371 of title 28.
``(c) A retired judge who is recalled under this section may
exercise all of the powers and duties of the office of a judge in
active service.
``(d)(1) The pay of a recall-eligible retired judge who retired
under section 7296 of this title is specified in subsection (c) of that
section.
``(2) A judge who is recalled under this section who retired under
chapter 83 or 84 of title 5 shall be paid, during the period for which
the judge serves in recall status, pay at the rate of pay in effect
under section 7253(e) of this title for a judge performing active
service, less the amount of the judge's annuity under the applicable
provisions of chapter 83 or 84 of title 5.
``(e)(1) Except as provided in subsection (d), a judge who is
recalled under this section who retired under chapter 83 or 84 of title
5 shall be considered to be a reemployed annuitant under that chapter.
``(2) Nothing in this section affects the right of a judge who
retired under chapter 83 or 84 of title 5 to serve as a reemployed
annuitant in accordance with the provisions of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7256 the following new item:
``7257. Recall of retired judges.''.
SEC. 4. CALCULATION OF YEARS OF SERVICE AS A JUDGE.
Section 7296(b) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(4) For purposes of calculating the years of service of an
individual under this subsection and subsection (c), only those years
of service as a judge of the Court shall be credited. In determining
the number of years of such service, that portion of the aggregate
number of years of such service that is a fractional part of one year
shall be disregarded if less than 183 days and shall be credited as a
full year if 183 days or more.''.
SEC. 5. JUDGES' RETIRED PAY.
(a) In General.--Subsection (c)(1) of section 7296 of title 38,
United States Code, is amended by striking ``at the rate of pay in
effect at the time of retirement.'' and inserting the following: ``as
follows:
``(A) In the case of a judge who is a recall-eligible
retired judge under section 7257 of this title or who was a
recall-eligible retired judge under that section and was
removed from recall status under subsection (b)(4) of that
section by reason of disability, the retired pay of the judge
shall be the pay of a judge of the court (or of the chief
judge, if the individual retired from service as chief judge).
``(B) In the case of a judge who at the time of retirement
did not provide notice under section 7257 of this title of
availability for service in a recalled status, the retired pay
of the judge shall be the rate of pay applicable to that judge
at the time of retirement.
``(C) In the case of a judge who was a recall-eligible
retired judge under section 7257 of this title and was removed
from recall status under subsection (b)(3) of that section, the
retired pay of the judge shall be the pay of the judge at the
time of the removal from recall status.''.
(b) Cost-of-Living Adjustments.--Subsection (f) of such section is
amended by adding at the end the following new paragraph:
``(3)(A) A cost-of-living adjustment provided by law in annuities
payable under civil service retirement laws shall apply to retired pay
under this section only in the case of retired pay computed under
paragraph (2) of subsection (c).
``(B)(i) If such a cost-of-living adjustment would (but for this
subparagraph) result in the retired pay of a retired chief judge being
in excess of the annual rate of pay in effect for the chief judge of
the court as provided in section 7253(e)(1) of this title, such
adjustment may be made in the retired pay of that retired chief judge
only in such amount as results in the retired pay of the retired chief
judge being equal to that annual rate of pay (as in effect on the
effective date of such adjustment).
``(ii) If such a cost-of-living adjustment would (but for this
subparagraph) result in the retired pay of a retired judge (other than
a retired chief judge) being in excess of the annual rate of pay in
effect for judges of the court as provided in section 7253(e)(2) of
this title, such adjustment may be made only in such amount as results
in the retired pay of the retired judge being equal to that annual rate
of pay (as in effect on the effective date of such adjustment).''.
(c) Coordination With Military Retired Pay.--Subsection (f) of such
section is further amended by adding after paragraph (3), as added by
subsection (b), the following new paragraph:
``(4) Notwithstanding subsection (c) of section 5532 of title 5, if
a regular or reserve member of a uniformed service who is receiving
retired or retainer pay becomes a judge of the court, or becomes
eligible therefor while a judge of the court, such retired or retainer
pay shall not be paid during the judge's regular active service on the
court, but shall be resumed or commenced without reduction upon
retirement as a judge.''.
SEC. 6. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.
(a) In General.--Chapter 72 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 7299. Limitation on activities of retired judges
``If a retired judge of the Court in the practice of law represents
(or supervises or directs the representation of) a client in making any
claim relating to veterans' benefits against the United States or any
agency thereof, the retired judge shall forfeit all rights to retired
pay under section 7296 of this title or under chapter 83 or 84 of title
5 for the period beginning on the date on which the representation
begins and ending one year after the date on which the representation
ends.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7299. Limitation on activities of retired judges.''.
SEC. 7. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES IN ORDER TO
PROVIDE FOR STAGGERED TERMS OF JUDGES.
(a) Retirement Authorized.--One eligible judge may retire in
accordance with this section with respect to each year beginning in
1999 and ending in 2003.
(b) Eligible Judges.--For purposes of this section, an eligible
judge is an associate judge of the United States Court of Appeals for
Veterans Claims who--
(1) has at least 10 years of service creditable under
section 7296 of title 38, United States Code;
(2) has made an election to receive retired pay under
section 7296 of such title;
(3) has at least 20 years of service described in section
7297(l) of such title; and
(4) is at least 55 years of age.
(c) Multiple Eligible Judges.--If for any year specified in
subsection (a) more than one eligible judge provides notice in
accordance with subsection (d), the judge who has the greatest
seniority as a judge of the United States Court of Appeals for Veterans
Claims shall be the judge who is eligible to retire in accordance with
this section in that year.
(d) Notice.--An eligible judge who desires to retire in accordance
with this section with respect to any year covered by subsection (a)
shall provide to the President and the chief judge of the United States
Court of Appeals for Veterans Claims written notice to that effect not
later than April 1 of that year, except that in the case of an eligible
judge desiring to retire with respect to 1999, such notice shall be
provided not later than November 1, 1999, or 15 days after the date of
the enactment of this Act, whichever is later. Such a notice shall
specify the retirement date in accordance with subsection (e). Notice
provided under this subsection shall be irrevocable.
(e) Date of Retirement.--A judge who is eligible to retire in
accordance with this section shall be retired during the fiscal year in
which notice is provided pursuant to subsection (d), but not earlier
than 90 days after the date on which that notice is provided, except
that a judge retired in accordance with this section with respect to
1999 shall be retired not earlier than 90 days, and not later than 120
days, after the date on which notice is provided pursuant to subsection
(d).
(f) Applicable Provisions.--Except as provided in subsection (g), a
judge retired in accordance with this section shall be considered for
all purposes to be retired under section 7296(b)(1) of title 38, United
States Code.
(g) Rate of Retired Pay.--The rate of retired pay for a judge
retiring in accordance with this section is--
(1) the rate applicable to that judge under section
7296(c)(1) of title 38, United States Code, multiplied by
(2) the fraction (not in excess of 1) in which--
(A) the numerator is the sum of: (i) the number of
years of service of the judge as a judge of the United
States Court of Appeals for Veterans Claims creditable
under section 7296 of such title; and (ii) the age of
the judge; and
(B) the denominator is 80.
(h) Adjustments in Retired Pay for Judges Available for Recall.--
Subject to section 7296(f)(3)(B) of title 38, United States Code, an
adjustment provided by law in annuities payable under civil service
retirement laws shall apply to retired pay under this section in the
case of a judge who is a recall-eligible retired judge under section
7257 of title 38, United States Code, or who was a recall-eligible
retired judge under that section and was removed from recall status
under subsection (b)(4) of that section by reason of disability.
(i) Duty of Actuary.--Section 7298(e)(2) of title 38, United States
Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) For purposes of subparagraph (B), the term `present value'
includes a value determined by an actuary with respect to a payment
that may be made under subsection (b) from the retirement fund within
the contemplation of law.''.
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Court of Appeals for Veterans Claims Act of 1999 - Amends Federal provisions relating to the authority and administration of the Court of Appeals for Veterans Claims to authorize a retired judge to be recalled for further Court service if such judge, at the time of his or her retirement, provided written notice of his or her availability for further service. Prohibits such a judge from being recalled for more than 90 days without the judge's consent or for more than 180 days during any calendar year. Requires the removal of a judge from recall-eligible status if such judge declines to perform such further service.
(Sec. 4) Disregards, for purposes of the calculation of years of service as a judge, any fractional part of a year that is less than 183 days, but credits as a full year any fractional part consisting of 183 days or more.
(Sec. 5) Revises generally provisions concerning the calculation of retired pay of recall-eligible judges, judges who did not make themselves available for recall, and judges who are removed from the recall-eligible list. Provides cost-of-living adjustments to such pay.
(Sec. 6) Requires a retired judge who represents a client in any claim against the United States relating to veterans' benefits to forfeit all retired pay rights for one year after such representation begins.
(Sec. 7) Provides early retirement authority for Court judges in order to provide for staggered terms of such judges.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Math and Science Incentive Act of
2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States can have a secure and prosperous
future only by having a robust and inventive scientific and
technical enterprise.
(2) Such an enterprise will require the United States to
produce more scientists and engineers.
(3) The United States education system must do more to
encourage students at every level to study science and
mathematics and to pursue careers related to those fields.
(4) The current performance of United States students in
science and mathematics lags behind their international peers,
and not enough students are pursuing science and mathematics.
(5) The United States is still reaping the benefits of past
investments in research and development and education, but we
are drawing down that capital.
(6) The United States needs to recommit itself to
leadership in science, mathematics, and engineering, especially
as advances are being made in such areas as nanotechnology.
(7) A program of loan forgiveness designed to attract
students to careers in science, mathematics, engineering, and
technology, including teaching careers, can help the United
States maintain its technological leadership.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) Program.--
(1) In general.--The Secretary shall carry out a program of
assuming the obligation to pay, pursuant to the provisions of
this Act, the interest on a loan made, insured, or guaranteed
under part B or D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1071 et seq. and 1087a et seq.).
(2) Eligibility.--The Secretary may assume interest
payments under paragraph (1) only for a borrower who--
(A) has submitted an application in compliance with
subsection (d);
(B) obtained 1 or more loans described in paragraph
(1) as an undergraduate student;
(C) is a new borrower (within the meaning of
section 103(7) of the Higher Education Act of 1965 (20
U.S.C. 1003(7)) on or after the date of enactment of
this Act;
(D) is a teacher of science, technology,
engineering, or mathematics at an elementary school or
secondary school, or is a mathematics, science, or
engineering professional; and
(E) enters into an agreement with the Secretary to
complete 5 consecutive years of service in a position
described in subparagraph (D), starting on the date of
the agreement.
(3) Prior interest limitations.--The Secretary shall not
make any payments for interest that--
(A) accrues prior to the beginning of the repayment
period on a loan in the case of a loan made under
section 428H of the Higher Education Act of 1965 (20
U.S.C. 1078-8) or a Federal Direct Unsubsidized
Stafford Loan; or
(B) has accrued prior to the signing of an
agreement under paragraph (2)(E).
(4) Initial selection.--In selecting participants for the
program under this Act, the Secretary--
(A) shall choose among eligible applicants on the
basis of--
(i) the national security, homeland
security, and economic security needs of the
United States, as determined by the Secretary,
in consultation with other Federal agencies,
including the Departments of Labor, Defense,
Homeland Security, Commerce, and Energy, the
Central Intelligence Agency, and the National
Science Foundation; and
(ii) the academic record or job performance
of the applicant; and
(B) may choose among eligible applicants on the
basis of--
(i) the likelihood of the applicant to
complete the 5-year service obligation;
(ii) the likelihood of the applicant to
remain in science, mathematics, or engineering
after the completion of the service
requirement; or
(iii) other relevant criteria determined by
the Secretary.
(5) Availability subject to appropriations.--Loan interest
payments under this Act shall be subject to the availability of
appropriations. If the amount appropriated for any fiscal year
is not sufficient to provide interest payments on behalf of all
qualified applicants, the Secretary shall give priority to
those individuals on whose behalf interest payments were made
during the preceding fiscal year.
(6) Regulations.--The Secretary is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(b) Duration and Amount of Interest Payments.--The period during
which the Secretary shall pay interest on behalf of a student borrower
who is selected under subsection (a) is the period that begins on the
effective date of the agreement under subsection (a)(2)(E), continues
after successful completion of the service obligation, and ends on the
earlier of--
(1) the completion of the repayment period of the loan;
(2) payment by the Secretary of a total of $10,000 on
behalf of the borrower;
(3) if the borrower ceases to fulfill the service
obligation under such agreement prior to the end of the 5-year
period, as soon as the borrower is determined to have ceased to
fulfill such obligation in accordance with regulations of the
Secretary; or
(4) 6 months after the end of any calendar year in which
the borrower's gross income equals or exceeds 4 times the
national per capita disposable personal income (current
dollars) for such calendar year, as determined on the basis of
the National Income and Product Accounts Tables of the Bureau
of Economic Analysis of the Department of Commerce, as
determined in accordance with regulations prescribed by the
Secretary.
(c) Repayment to Eligible Lenders.--Subject to the regulations
prescribed by the Secretary pursuant to subsection (a)(6), the
Secretary shall pay to each eligible lender or holder for each payment
period the amount of the interest that accrues on a loan of a student
borrower who is selected under subsection (a).
(d) Application for Repayment.--
(1) In general.--Each eligible individual desiring loan
interest payment 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) Failure to complete service agreement.--Such
application shall contain an agreement by the individual that,
if the individual fails to complete the 5 consecutive years of
service required by subsection (a)(2)(E), the individual agrees
to repay the Secretary the amount of any interest paid by the
Secretary on behalf of the individual.
(e) Treatment of Consolidation Loans.--A consolidation loan made
under section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078-
3), or a Federal Direct Consolidation Loan made under part D of title
IV of such Act (20 U.S.C. 1087a et seq.), may be a loan for which
interest is paid pursuant to this section only to the extent that such
loan amount was used by a borrower who otherwise meets the requirements
of this section to repay--
(1) a loan made under section 428 or 428H of such Act (20
U.S.C. 1078 and 1078-8); or
(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
such Act (20 U.S.C. 1087a et seq.).
(f) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this section and--
(1) any loan forgiveness program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or
(2) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.).
SEC. 4. DEFINITIONS.
As used in this Act--
(1) the term ``Secretary'' means the Secretary of
Education; and
(2) the term ``mathematics, science, or engineering
professional'' means a person who--
(A) holds a baccalaureate, masters, or doctoral
degree (or a combination thereof) in science,
mathematics, or engineering; and
(B) works in a field the Secretary determines is
closely related to that degree, which shall include
working as a professor at a 2- or 4-year institution of
higher education.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2006 and for each of the 5
succeeding fiscal years.
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Math and Science Incentive Act of 2005 - Directs the Secretary of Education to carry out a program of assuming the obligation to pay up to $10,000 of interest on certain student loans under the Higher Education Act of 1965, for certain borrowers who agree to serve for five years as: (1) teachers of science, technology, engineering or mathematics at an elementary or secondary school; or (2) mathematics, science or engineering professionals.
Requires that selection of program participants from among eligible applicants be based on: (1) U.S. national security, homeland security, and economic security needs; and (2) the applicant's academic record or job performance. Allows other factors to be considered in such selection.
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