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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Wetlands Conservation
Act Amendments of 1994''.
SEC. 2. MATCHING, REPORTING, AND REVISING REQUIREMENTS.
(a) Matching Requirement.--Section 8(b) of the North American
Wetlands Conservation Act (16 U.S.C. 4407(b)) is amended by adding at
the end the following new sentence: ``In the case of a project carried
out in Mexico, the non-Federal share of the United States contribution
to the costs of the project may include cash contributions from non-
United States sources that are used to pay costs of the project.''.
(b) Report to Congress.--Section 10(1) of such Act (16 U.S.C.
4409(a)(1)) is amended in subparagraph (B) by striking ``and'' after
the semicolon, in subparagraph (C) by striking the period and inserting
``; and'', and by adding at the end the following:
``(D) wetlands conservation projects funded under this Act,
listed and identified by type, conservation mechanism (such as
acquisition, easement, or lease), location, and Pduration.''.
(c) Revisions to Plan.--Section 11 of such Act (16 U.S.C. 4410) is
amended--
(1) in the first sentence--
(A) by striking ``1991'' and inserting ``1998''; and
(B) by inserting ``and Mexico'' after ``Canada''; and
(2) by striking the second sentence.
SEC. 3. ASSESSMENT OF PROGRESS IN WETLANDS CONSERVATION.
The North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.) is amended by adding at the end the following new section:
``SEC. 19. ASSESSMENT OF PROGRESS IN WETLANDS CONSERVATION.
``Not later than January 31, 1996, the Secretary, in cooperation
with the Council, to further the purposes of the Act shall--
``(1) develop and implement a strategy to assist in the
implementation of this Act in conserving the full complement of
North American wetlands systems and species dependent on those
systems, that incorporates information existing on the date of the
issuance of the strategy in final form on types of wetlands
habitats and species dependent on the habitats; and
``(2) develop and implement procedures to monitor and evaluate
the effectiveness of wetlands conservation projects completed under
this Act.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR ALLOCATIONS UNDER NORTH
AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended by striking ``$15,000,000'' and all that
follows through the end of the sentence and inserting the following:
``$20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000
for each of fiscal years 1997 and 1998.''.
SEC. 5. CONSERVATION OF COASTAL WETLANDS.
Section 306(c) of the Coastal Wetlands Planning, Protection and
Restoration Act (16 U.S.C. 3955(c)) is amended by inserting ``in
coastal wetlands ecosystems'' after ``wetlands conservation projects''.
SEC. 6. WILDLIFE PARTNERSHIP PROGRAM.
The Partnerships For Wildlife Act (16 U.S.C. 3741 et seq.) is
amended--
(1) in section 7103(3) (16 U.S.C. 3742(3)) by inserting ``the
States and of'' after ``under the leadership of'';
(2) in section 7104 (16 U.S.C. 3743)--
(A) by amending paragraph (2) to read as follows:
``(2) The term `designated State agency' means the government
agency, department, or division of any State that is empowered
under the laws of the State to exercise the functions ordinarily
exercised by a State fish and wildlife agency.'';
(B) in paragraph (4) by striking ``section 5(f)'' and
inserting ``section 7105(g)'';
(C) in paragraph (8)(A) by striking the period and
inserting a semicolon; and
(D) in paragraph (8)(C) by--
(i) striking ``section 3(5)'' and inserting ``section
3(6)''; and
(ii) striking ``(16 U.S.C. 1362(5))'' and inserting
``(16 U.S.C. 1362(6))'';
(3) in section 7104 (16 U.S.C. 3743) by--
(A) redesignating paragraph (8) as paragraph (9); and
(B) inserting after paragraph (7) the following:
``(8) The term `State' means any of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the United States Virgin
Islands, or American Samoa.'';
(4) in section 7105(d) (16 U.S.C. 3744(d))--
(A) in paragraph (3) by inserting ``and'' after the
semicolon;
(B) in paragraph (4) by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (5);
(5) in section 7105 (16 U.S.C. 3744) by amending subsection (e)
to read as follows:
``(e) Non-Federal Share of Projects.--
``(1) State share.--Of the total cost each fiscal year of each
project carried out with amounts provided by the Secretary under
subsection (a), at least \1/3\ shall be paid with amounts from
State, non-Federal sources, except that if designated State
agencies from 2 or more States cooperate in implementing such a
project at least 30 percent shall be paid with amounts from such
State, non-Federal sources. Payments required by this paragraph may
not be in the form of an in-kind Pcontribution.
``(2) Private share.--Of the total cost each fiscal year of
each project carried out with amounts provided by the Secretary
under subsection (a), at least \1/3\ shall be paid with amounts
from voluntary contributions by private entities or persons, except
that if designated State agencies from 2 or more States cooperate
in implementing such a project, at least 30 percent shall be paid
from such sources. Subject to the approval of the Secretary, such
contributions for a project may be in the form of, but are not
required to be limited to, private cash donations, and the
contribution of materials, equipment, or services necessary for the
project.'';
(6) in section 7105(g) (16 U.S.C. 3744(g))--
(A) by amending paragraph (2) to read as follows:
``(2) The Secretary shall deposit into the Fund amounts
appropriated to the Secretary for deposit to the Fund, of which not
more than 4 percent shall be available to the Secretary to defray the
costs of administering this chapter and evaluating wildlife
conservation and appreciation projects.''; and
(B) by striking paragraphs (3) and (4); and
(7) in section 7105(h) (16 U.S.C. 3744(h))--
(A) by striking ``1995'' and inserting ``1998''; and
(B) by striking ``to match the amount of contributions made
to the Fund by the National Fish and Wildlife Foundation''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | North American Wetlands Conservation Act Amendments of 1994 - Amends the North American Wetlands Conservation Act to direct the Secretary of the Interior, in 1998 (currently, 1991) and at five-year intervals thereafter, to undertake with the appropriate officials of Canada and Mexico to revise the goals and other elements of the North American Waterfowl Management Plan. Requires the Secretary to develop: (1) a strategy to assist in conserving the full complement of North American wetlands systems and species dependent on such systems that incorporates existing information on types of wetlands habitats and species; and (2) procedures to monitor and evaluate the effectiveness of wetlands conservation projects completed under the Act. Extends the authorization of appropriations to carry out the North American Wetlands Conservation Act through FY 1998. Amends the Partnerships for Wildlife Act to remove a condition on Federal funding for State wildlife conservation and appreciation projects which prohibits such funding from exceeding the State share of the cost of the project. Sets forth required State and private shares of the cost of such projects. Removes provisions which authorize donations from the National Fish and Wildlife Foundation to carry out such projects and which require the Foundation to donate a specified amount to the Wildlife Conservation and Appreciation Fund. Extends the authorization of appropriations to the Fund through FY 1998. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Collegiate and Amateur
Athletic Protection Act of 2001''.
SEC. 2. TASK FORCE ON ILLEGAL WAGERING ON AMATEUR AND COLLEGIATE
SPORTING EVENTS.
(a) Establishment.--The Attorney General shall establish a
prosecutorial task force on illegal wagering on amateur and collegiate
sporting events (referred to in this section as the ``task force'').
(b) Duties.--The task force shall--
(1) coordinate enforcement of Federal laws that prohibit
gambling relating to amateur and collegiate athletic events;
and
(2) submit annually, to the House of Representatives and
the Senate a report describing specific violations of such
laws, prosecutions commenced, and convictions obtained.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 in fiscal year 2002
and $6,000,000 in each of the fiscal years 2003 through 2006.
SEC. 3. INCREASED PENALTIES FOR ILLEGAL SPORTS GAMBLING.
(a) Interstate Transmission of Bets or Information Assisting in
Placing Bets on Sporting Events.--Section 1084(a) of title 18, United
States Code, is amended by striking ``two'' and inserting ``5''.
(b) Interstate Transportation of Wagering Paraphernalia.--Section
1953(a) of title 18, United States Code, is amended by adding at the
end the following: ``If the matter carried or sent in interstate or
foreign commerce was intended by the defendant to be used to assist in
the placing of bets or wagers on any sporting event or contest, the
maximum term of imprisonment for the offense shall be 10 years.''.
(c) Illegal Gambling Business.--Section 1955(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
gambling business included the placing of bets or wagers on any
sporting event or contest, the maximum term of imprisonment for the
offense shall be 10 years.''.
(d) Interstate Travel To Promote and Conduct an Illegal Gambling
Business.--Section 1952 of title 18, United States Code, is amended by
adding at the end the following:
``(d) If the offense violated paragraph (1) or (3) of subsection
(a) and the illegal activity included the placing of bets or wagers on
any sporting event or contest, the maximum term of imprisonment for the
offense shall be 10 years.''.
(e) Sports Bribery.--Section 224(a) of title 18, United States
Code, is amended by adding at the end the following: ``If the purpose
of the bribery is to affect the outcome of a bet or wager placed on any
sporting event or contest, the maximum term of imprisonment for the
offense shall be 10 years.''.
SEC. 4. STUDY ON ILLEGAL SPORTS GAMBLING BEHAVIOR AMONG MINORS.
(a) In General.--The Director of the National Institute of Justice
shall conduct a study to determine the extent to which minor persons
participate in illegal sports gambling activities.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Director of the National Institute of Justice shall
submit to the Speaker of the House of Representatives and the President
pro tempore of the Senate, a report--
(1) describing the extent to which minor persons
participate in illegal sports gambling activities; and
(2) making recommendations on actions that should be taken
to curtail participation by minor persons in sports gambling
activities.
SEC. 5. STUDY OF GAMBLING ON COLLEGE AND UNIVERSITY CAMPUSES.
(a) Establishment of Panel.--Not later than 90 days after the date
of enactment of this Act, the Attorney General shall establish a panel,
which shall be composed of Federal, State, and local government law
enforcement officials, to conduct a study of illegal college sports
gambling.
(b) Contents of Study.--The study conducted by the panel
established under subsection (a) shall include an analysis of--
(1) the scope and prevalence of illegal college sports
gambling, including unlawful sports gambling (as defined in
section 3702 of title 28, United States Code);
(2) the role of organized crime in illegal gambling on
college sports;
(3) the role of State regulators and the legal sports books
in Nevada in assisting law enforcement to uncover illegal
sports gambling and related illegal activities;
(4) the enforcement and implementation of the Professional
and Amateur Sports Protection Act of 1992, including whether it
has been adequately enforced;
(5) the effectiveness of steps taken by institutions of
higher education to date, whether individually or through
national organizations, to reduce the problem of illegal
gambling on college sports;
(6) the factors that influence the attitudes or levels of
awareness of administrators, professors, and students,
including student athletes, about illegal gambling on college sports;
(7) the effectiveness of new countermeasures to reduce
illegal gambling on college sports, including related
requirements for institutions of higher education and persons
receiving Federal education funds;
(8) potential actions that could be taken by the National
Collegiate Athletic Association to address illegal gambling on
college and university campuses; and
(9) other matters relevant to the issue of illegal gambling
on college sports as determined by the Attorney General.
(c) Report to Congress.--Not later than 12 months after the
establishment of the panel under this section, the Attorney General
shall submit to Congress a report on the study conducted under this
section, which shall include--
(1) recommendations for actions colleges, universities, and
the National Collegiate Athletic Association should implement
to address the issue of illegal gambling on college sports;
(2) recommendations for intensive educational campaigns
which the National Collegiate Athletic Association could
implement to assist in the effort to prevent illegal gambling
on college sports;
(3) recommendations for any Federal and State legislative
actions to address the issue of illegal gambling on college
sports; and
(4) recommendations for any administrative or private
sector actions to address the issue of illegal gambling on
college sports.
SEC. 6. REDUCTION OF GAMBLING ON COLLEGE CAMPUSES.
(a) College Programs to Reduce Illegal Gambling.--Section 487(a) of
the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by
adding at the end the following new paragraph:
``(24) The institution will comply with the requirements of
section 484(s).''.
(b) Procedures to Withhold Student Aid.--Section 484 of the Higher
Education Act of 1965 (20 U.S.C. 1091) is amended by adding at the end
the following new subsection:
``(s) College Programs to Reduce Illegal Gambling; Zero
Tolerance.--
``(1) Comprehensive program.--
``(A) Coordination required.--Each institution of
higher education shall designate 1 or more full-time
senior officers of the institution to coordinate the
implementation of a comprehensive program, as
determined by the Secretary of Education, to reduce
illegal gambling and gambling control disorders by
students and employees of the institution.
``(B) Annual reporting.--An institution described
in paragraph (1) shall annually prepare and submit to
the Secretary of Education a report, in a form and
manner prescribed by the Secretary, concerning the
progress made by the institution to reduce illegal
gambling by students and employees of the institution.
``(C) Contents of report.--Each such report shall
include--
``(i) statistics and other information on
illegal gambling, including gambling over the
Internet, in addition to the other criminal
offense on which such institution must report
pursuant to section 485(f) in the form and
manner so prescribed; and
``(ii) a statement of policy regarding
underage and other illegal gambling activity at
the institution, in the form and manner
prescribed for statements of policy on
alcoholic beverages and illegal drugs pursuant
to such section 485(f), including a description
of any gambling abuse education programs
available to students and employees of the
institution.
``(2) Review of procedures.--Notwithstanding paragraph (2)
of section 485(f), the Attorney General, in consultation with
the Secretary of Education, shall periodically review the
policies, procedures, and practices of institutions of higher
education under paragraph (1) with respect to campus crimes and
security related directly or indirectly to illegal gambling,
including the integrity of the athletic contests in which
students of the institution participate.
``(3) Zero tolerance of illegal gambling.--
``(A) Revocation of aid.--A recipient of
athletically related student aid (as defined in section
485(e)(8)) shall cease to be eligible for such aid upon
a determination by either the institution of higher
education providing such aid, or the applicable amateur
sports organization, that the recipient has engaged in
illegal gambling activity, including sports bribery, in
violation of the policies or by-laws of the institution
or organization.
``(B) Report.--An institution of higher education
that provides athletically related student aid shall
annually report to the Attorney General and the
Secretary of Education on actions taken to implement
this paragraph. Any amateur sports organization that
receives, under any Federal program, any grant or other
financial assistance shall, as a condition of continued
receipt of such assistance, annually report to the
Attorney General and the Secretary of Education on
actions taken to implement this paragraph.''.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) illegal sports gambling poses a significant threat to
youth on college campuses and in society in general;
(2) State and local governments, the National Collegiate
Athletic Association, and other youth, school, and collegiate
organizations should provide educational and prevention
programs to help youth recognize the dangers of illegal sports
gambling and the serious consequences it can have;
(3) such programs should include public service
announcements, especially during tournament and bowl game
coverage;
(4) the National Collegiate Athletic Association and other
amateur sports governing bodies should adopt mandatory codes of
conduct regarding the avoidance and prevention of illegal
sports gambling among our youth; and
(5) the National Collegiate Athletic Association should
enlist universities in the United States to develop scientific
research on youth sports gambling, and related matters. | National Collegiate and Amateur Athletic Protection Act of 2001 - Directs the Attorney General to establish a prosecutorial task force on illegal wagering on amateur and collegiate sporting events. Increases penalties for illegal sports gambling.Requires: (1) the Director of the National Institute of Justice to study the extent to which minors participate in illegal sports gambling activities; and (2) the Attorney General to establish a panel to a study illegal college sports gambling.Amends the Higher Education Act of 1965 to: (1) require each institution of higher education to designate one or more full-time senior officers of the institution to coordinate the implementation of a comprehensive program to reduce illegal gambling and gambling control disorders by students and employees; (2) condition receipt of financial aid on compliance with this Act; (3) specify that a recipient of athletically related student aid shall cease to be eligible for such aid upon a determination by either the institution of higher education or the applicable amateur sports organization that the recipient has engaged in illegal gambling activity, including sports bribery, in violation of the policies or by-laws of the institution or organization; and (4) require an institution of higher education that provides athletically related student aid to report annually to the Attorney General and the Secretary of Education.Expresses the sense of Congress that illegal sports gambling poses a significant threat to youth. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Workforce for the 21st
Century Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means--
(A) a historically Black college or university,
which shall have the meaning given the term ``part B
institution'' in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061);
(B) a Predominantly Black Institution, as defined
in section 318(b) of such Act (20 U.S.C. 1059e(b));
(C) a Hispanic-serving institution, as defined in
section 502(a) of such Act (20 U.S.C. 1101a(a)); or
(D) a Tribal College or University, as defined in
section 316(b) of such Act (20 U.S.C. 1059c(b)).
(6) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(7) Program.--The term ``program'' means the program
established under section 3(a).
(8) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics.
SEC. 3. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.
(a) In General.--The Secretary shall establish and carry out a
comprehensive program to improve 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,
including by--
(1) encouraging underrepresented groups, including ethnic
minorities, women, veterans, and socioeconomically
disadvantaged individuals to enter into the STEM fields;
(2) encouraging leaders in the education system of the
United States to equip students with the skills, mentorships,
training, and technical expertise necessary to fill the
employment opportunities vital to managing and operating the
energy- and manufacturing-related industries of the United
States;
(3) providing students and other candidates for employment
with the opportunity to gain necessary skills and
certifications for skilled, semiskilled, and highly skilled
energy and manufacturing-related jobs; and
(4) strengthening and more fully engaging programs of the
Department and the National Laboratories in carrying out the
Minorities in Energy Initiative of the Department.
(b) Priority.--The Secretary shall make providing education and
training underrepresented groups for energy and manufacturing-related
jobs a national priority under the program.
(c) Direct Assistance.--
(1) In general.--In carrying out the program, the Secretary
shall provide direct assistance (including financial assistance
awards, technical expertise, mentorships, internships, and
partnerships) to secondary schools, community colleges,
workforce development organizations, nonprofit organizations,
labor organizations, apprenticeship programs, tribal colleges
and universities, and minority-serving institutions.
(2) Distribution.--The Secretary shall distribute direct
assistance under the program in a manner proportional to the
needs and demand for jobs in the energy- and manufacturing-
related industry, consistent with information obtained under
subsections (e)(3) and (i).
(d) Clearinghouse.--In carrying out the program, the Secretary
shall establish a clearinghouse--
(1) to maintain and update information and resources on
training and workforce development programs for energy- and
manufacturing-related jobs; and
(2) to act as a resource, and provide guidance, for
secondary schools, institutions of higher education (including
community colleges and minority-serving institutions),
workforce development organizations, labor management
organizations, and industry organizations that would like to
develop and implement energy- and manufacturing-related
training programs.
(e) Collaboration.--
(1) In general.--In carrying out the program, the Secretary
shall--
(A) collaborate with secondary schools,
institutions of higher education (including community
colleges, minority-serving institutions, and tribal
colleges and universities), workforce training
organizations, labor organizations, National
Laboratories, State energy offices, State boards and
local boards (as such terms are defined in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102)), and energy- and manufacturing-related
industries;
(B) in order to share best practices and approaches
that best suit national, State, and local needs,
encourage and foster collaboration, mentorships, and
partnerships among--
(i) entities (including labor
organizations, industries, secondary schools,
institutions of higher education (including
community colleges), and workforce development
organizations) that provide effective job
training programs in energy- and manufacturing-
related fields; and
(ii) entities (including secondary schools,
institutions of higher education (including
community colleges), and workforce development
programs) that seek to establish similar job
training programs; and
(C) collaborate with the Commissioner of the Bureau
of Labor Statistics, the Secretary of Commerce, the
Director of the Bureau of the Census, and energy- and
manufacturing-related industries to develop a
comprehensive and detailed understanding of the
workforce needs and opportunities of energy- and
manufacturing-related industries.
(2) Report.--The Secretary shall publish an annual report
on energy- and manufacturing-related job creation as determined
as a result of the collaboration under paragraph (1)(C) and
sorted--
(A) by the sectors described in subsection (i); and
(B) by State and region.
(f) Guidelines for Educational Institutions.--
(1) In general.--In carrying out the program, the
Secretary, in consultation with the Secretary of Education, the
Secretary of Commerce, the Secretary of Labor, the Director of
the National Science Foundation, and industry, shall develop
guidelines for educational institutions of all levels,
including for elementary schools, secondary schools, community
colleges, and undergraduate and postbaccalaureate programs of
study at institutions of higher education, to help provide
graduates with the skills necessary to work in energy- and
manufacturing-related jobs.
(2) Input.--In developing guidelines under paragraph (1),
the Secretary shall solicit input from the oil, gas, coal,
renewable, nuclear, utility, energy-intensive and advanced
manufacturing, and pipeline industries.
(3) Energy and manufacturing efficiency and conservation
initiatives.--The guidelines developed under paragraph (1)
shall include grade-specific guidelines for teaching energy and
manufacturing efficiency and conservation initiatives to
provide education to students and families.
(4) STEM education.--The guidelines developed under
paragraph (1) shall promote STEM education as STEM relates to
job opportunities in energy- and manufacturing-related fields
of study in elementary schools, secondary schools, and
institutions of higher education (including community colleges)
nationally.
(g) Outreach to Minority-Serving Institutions.--In carrying out the
program, the Secretary shall--
(1) give special consideration to increasing outreach to
minority-serving institutions;
(2) make resources available to minority-serving
institutions with the objective of increasing the number of
skilled minorities and women trained to go into the energy- and
manufacturing-related sectors;
(3) encourage industry to improve the opportunities
available for students of minority-serving institutions to
participate in industry internships and cooperative work-study
programs; and
(4) partner with the National Laboratories to increase the
participation of underrepresented groups in internships,
fellowships, traineeships, and employment at the National
Laboratories.
(h) Outreach to Displaced and Unemployed Energy and Manufacturing
Workers.--In carrying out the program, the Secretary shall--
(1) give special consideration to increasing outreach to
employers and job trainers preparing displaced and unemployed
energy and manufacturing workers for emerging energy- and
manufacturing-related jobs;
(2) make resources available to entities serving displaced
and unemployed energy and manufacturing workers with the
objective of training individuals to reenter the energy and
manufacturing workforce; and
(3) encourage the energy- and manufacturing-related
industries to improve opportunities for displaced and
unemployed energy and manufacturing workers to participate in
internships and cooperative work-study programs.
(i) Guidelines To Develop Skills for an Energy and Manufacturing
Industry Workforce.--In carrying out the program, the Secretary shall
consult with representatives from energy- and manufacturing-related
industries (including the oil, gas, coal, nuclear, utility, pipeline,
renewable, petrochemical, manufacturing, and electrical construction
industries) to identify the areas of highest need in each sector and to
develop guidelines for the skills necessary to develop a workforce
trained to go into the following sectors of the energy- and
manufacturing-related industries:
(1) The energy efficiency industry, including work--
(A) in energy efficiency, conservation,
weatherization, or retrofitting; or
(B) as inspectors or auditors.
(2) The pipeline industry, including work--
(A) in pipeline construction and maintenance; or
(B) as engineers or technical advisors.
(3) The utility industry, including work as utility
workers, linemen, electricians, pole workers, repairmen,
scientists, engineers, or mathematicians.
(4) The alternative fuels industry, including work in
biofuel development and production.
(5) The nuclear industry, including work as scientists,
engineers, technicians, mathematicians, or security personnel.
(6) The oil and gas industry, including work as scientists,
engineers, technicians, mathematicians, petrochemical
engineers, or geologists.
(7) The renewable energy industry, including work in the
development, manufacturing, and production of renewable energy
sources (such as solar, hydropower, wind, or geothermal
energy).
(8) The 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.
(9) The manufacturing industry, including work as
operations technicians, operations and design in additive
manufacturing, 3-D printing, and advanced composites,
industrial energy efficiency management systems, including
power electronics, and other innovative technologies.
(10) The chemical manufacturing industry, including work--
(A) in construction (such as welders, pipefitters,
or tool and die makers); or
(B) as instrument and electrical technicians,
machinists, chemical process operators, chemical
engineers, quality and safety professionals, or
reliability engineers.
(j) Enrollment in Training and Apprenticeship Programs.--In
carrying out the program, the Secretary shall consult with industries,
labor organizations, and community-based workforce organizations to
help identify students and other candidates, including from
underrepresented communities such as minorities, women, and veterans,
to enroll in training and apprenticeship programs for energy- and
manufacturing-related jobs.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary. | Energy Workforce for the 21st Century Act of 2015 This bill requires the Department of Energy to establish a comprehensive program to improve education and training for energy- and manufacturing-related jobs, with emphasis on increasing the number of skilled individuals from underrepresented groups trained to work in those jobs. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lance Corporal Jose Gutierrez Act of
2008''.
SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.
(a) In General.--Any person who served honorably as a member of the
Armed Forces in support of contingency operations (as defined in
section 101(a)(13) of title 10, United States Code) shall be eligible
for naturalization pursuant to section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) as if the person had served during a
period designated by the President under such section 329.
(b) Naturalization Through Service in the Armed Forces of the
United States.--Section 328 of the Immigration and Nationality Act (8
U.S.C. 1439) is amended--
(1) in subsection (a), by striking ``six months'' and
inserting ``one year'';
(2) by striking subsection (c);
(3) in subsection (d), by striking ``six months'' and
inserting ``one year''; and
(4) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
SEC. 3. FACILITATING REMOVAL OF CONDITIONAL STATUS FOR MILITARY
PERSONNEL AND THEIR FAMILIES.
(a) Period for Filing Petition.--Section 216(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1186a(d)(2)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B),''
and inserting ``subparagraphs (B) and (D),''; and
(2) by adding at the end the following:
``(D) Filing of petitions during military
service.--In the case of an alien who is serving as a
member of the Selected Reserve of the Ready Reserve or
in an active-duty status in the military, air, or naval
forces of the United States during the 90-day period
described in subparagraph (A), the alien may file the
petition under subsection (c)(1)(A) during the 6-month
period beginning on the date on which the alien is
discharged from such service.''.
(b) Requirements of Timely Petition and Interview for Removal of
Condition.--Section 216(c)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1186a(a)(1)) is amended by inserting ``or serving in the
Armed Forces at the time of the interview'' after ``deceased''.
SEC. 4. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST
ACTIVE DUTY MILITARY PERSONNEL OR VETERANS.
Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229a)
is amended by adding at the end the following:
``(f)(1) A notice to appear shall not be issued against an alien
who served honorably at any time in the Armed Forces of the United
States, and who, if separated from such service, separated under
honorable conditions, without prior approval from the Director of the
United States Citizenship and Immigration Services or the Assistant
Secretary of Homeland Security for U.S. Immigration and Customs
Enforcement.
``(2) In determining whether to issue a notice to appear against
such an alien, the Director or the Assistant Secretary shall consider
the alien's eligibility for naturalization under section 328 or 329, as
well as the alien's record of military service, grounds of
deportability applicable to the alien, and any hardship to the Armed
Services, the alien, and his or her family if the alien were to be
placed in removal proceedings.
``(3) An alien who served honorably at any time in the Armed Forces
of the United States, and who, if separated from such service,
separated under honorable conditions, shall not be removed from the
United States under subparagraph (A)(i) or (B)(iii) of section
235(b)(1), section 238, or section 241(a)(5).''.
SEC. 5. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILITARY PERSONNEL,
VETERANS, AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS.
(a) Grounds of Inadmissibility.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by inserting after
subsection (b) the following:
``(c) Military Service Personnel and Family Members.--
``(1) In general.--With respect to an alien who served
honorably at any time in the Armed Forces of the United States,
and who, if separated from such service, separated under
honorable conditions, or an alien who is the spouse, child,
son, daughter, parent, or minor sibling of a member serving in
the Armed Forces of the United States--
``(A) paragraphs (4), (5), (6)(A), (7)(A), and
(9)(B) of subsection (a) shall not apply;
``(B) the Secretary of Homeland Security, or the
Attorney General, shall not waive--
``(i) subsection (a)(2)(B), if the alien
actually was incarcerated for 5 years or more
for the offenses described in such subsection;
``(ii) subparagraph (C), (D), (G), or (H)
of subsection (a)(2);
``(iii) subparagraph (A), (B), (C), (E), or
(F) of subsection (a)(3);
``(iv) subsection (a)(6)(E);
``(v) subparagraph (A) or (C) of subsection
(a)(10); or
``(vi) subsection (a)(10)(D), if the alien
has received a conviction, award, compromise,
settlement, or injunction for an offense
described in clause (i) of such subsection, and
if the court finds that the alien did not
reasonably believe at the time such violation
that the alien was a citizen; and
``(C) the Secretary of Homeland Security, or the
Attorney General, may waive any other provision of
subsection (a).
``(2) Waiver factors.--In making a determination under
paragraph (1)(C), the following factors may be considered:
``(A) The grounds of inadmissibility applicable to
the alien.
``(B) The alien's service in the United States
military, or the degree to which the alien's removal
would affect a close family member who is serving or
has served in the Armed Forces.
``(C) The length of time the alien has lived in the
United States.
``(D) The degree to which the alien would be
impacted by his or her removal from the United States.
``(E) The existence of close family ties within the
United States.
``(F) The degree to which the alien's removal would
adversely affect the alien's United States citizen, or
lawful permanent resident, parents, spouses, children,
sons, daughters, or siblings.
``(G) The alien's history of employment in the
United States, including whether the alien has been
self-employed or has owned a business.
``(H) The degree to which the alien's removal would
adversely affect the alien's United States employer or
business.
``(I) The degree to which the alien has ties to the
alien's community in the United States or has
contributed to the Nation through community, volunteer,
or other activities.''.
(b) Grounds of Deportability.--Section 237 of the Immigration and
Nationality Act (8 U.S.C. 1227) is amended by adding at the end the
following:
``(d) Military Service Personnel and Family Members.--
``(1) In general.--With respect to an alien who served
honorably at any time in the Armed Forces of the United States,
and who, if separated from such service, separated under
honorable conditions, or an alien who is the spouse, child,
son, daughter, parent, or minor sibling of a member serving in
the Armed Forces of the United States--
``(A) paragraphs (1)(D), (3)(A), and (5) of
subsection (a) shall not apply;
``(B) the Secretary of Homeland Security, or the
Attorney General, shall not waive--
``(i) subsection (a)(1)(E);
``(ii) subsection (a)(2)(A)(ii), if the
alien actually was incarcerated for 5 years or
more for the offenses described in such
subsection;
``(iii) subsection (a)(2)(A)(iii), if the
aggravated felony involved was an offense
described in subparagraph (A), (B), (C), (D),
(E)(i), (H), (I), (K)(i), (K)(ii), (K)(iii),
(L)(i), (L)(ii), (L)(iii), (M)(ii), (R), (S),
or (U) of section 101(a)(43);
``(iv) clause (iv) or (v) of subsection
(a)(2)(A);
``(v) clause (i) or (ii) of subsection
(a)(2)(D);
``(vi) subsection (a)(2)(D)(iii), if the
offense is a violation of the Trading With the
Enemy Act;
``(vii) subsection (a)(2)(D)(iv), if the
offense is a violation of section 278;
``(viii) subparagraph (A), (B), (C)(i),
(D), or (E) of subsection (a)(4); or
``(ix) subsection (a)(6)(A), if the alien
has received a conviction, award, compromise,
settlement, or injunction for an offense
described in such subsection, and if the court
finds that the alien did not reasonably believe
at the time such violation that the alien was a
citizen; and
``(C) the Secretary of Homeland Security, or the
Attorney General, may waive any other provision of
subsection (a).
``(2) Waiver factors.--In making a determination under
paragraph (1)(C), the following factors may be considered:
``(A) The grounds of deportability applicable to
the alien.
``(B) The alien's service in the United States
military, or the degree to which the alien's removal
would affect a close family member who is serving or
has served in the Armed Forces.
``(C) The length of time the alien has lived in the
United States.
``(D) The degree to which the alien would be
impacted by his or her removal from the United States.
``(E) The existence of close family ties within the
United States.
``(F) The degree to which the alien's removal would
adversely affect the alien's United States citizen, or
lawful permanent resident, parents, spouses, children,
sons, daughters, or siblings.
``(G) The alien's history of employment in the
United States, including whether the alien has been
self-employed or has owned a business.
``(H) The degree to which the alien's removal would
adversely affect the aliens United States employer or
business.
``(I) The degree to which the alien has ties to the
alien's community in the United States or has
contributed to the Nation through community, volunteer,
or other activities.''.
SEC. 6. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR
FAMILIES.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who are eligible for an immigrant visa under
paragraph (2)(A) of section 203(a) and are either the spouse or
child of an alien who is serving in the Armed Forces of the
United States.''.
SEC. 7. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.
(a) In General.--The Secretary of Homeland Security shall adjust
the status of an alien described in subsection (b) to that of an alien
lawfully admitted for permanent residence if the alien--
(1) applies for such adjustment, and is physically present
in the United States on the date the application is filed;
(2) is admissible to the United States as an immigrant,
except as provided in subsection (d); and
(3) pays a fee, as determined by the Secretary, for the
processing of such application.
(b) Eligible Aliens.--
(1) In general.--The benefits provided in subsection (a)
shall apply only to an alien who is a parent, spouse, child,
son or daughter, or minor sibling of an eligible member of the
Armed Forces, as defined in subsection (c).
(2) Posthumous benefits.--An alien described in paragraph
(1) shall continue to be eligible for adjustment under this
section for 2 years after the death of an eligible member of
the Armed Forces whose death was the result of injury or
disease incurred in or aggravated by his or her service in the
Armed Forces.
(c) Eligible Members of the Armed Forces.--In this section,
``eligible member of the Armed Forces'' means any person who--
(1) is serving or has served honorably as a member of the
Selected Reserve of the Ready Reserve or in an active-duty
status in the military, air, or naval forces of the United
States during a period beginning February 28, 1961, and ending
on a date designated by the President by Executive order as of
the date of termination of the Vietnam hostilities, or
thereafter during any other period which the President by
Executive order shall designate as a period in which Armed
Forces of the United States are or were engaged in military
operations involving armed conflict with a hostile foreign
force; and
(2) if separated from the service described in paragraph
(1), was separated under honorable conditions.
(d) Waiver of Certain Grounds of Inadmissibility.--For the purpose
of adjustment of status under this section:
(1) Paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply.
(2) The Secretary of Homeland Security, or the Attorney
General, shall not waive the following provisions of section
212 of the Immigration and Nationality Act (8 U.S.C. 1182):
(A) Subsection (a)(2)(B), if the alien actually was
incarcerated for 5 years or more for the offenses
described in such subsection.
(B) Subparagraph (C), (D), (G), or (H) of
subsection (a)(2).
(C) Subparagraph (A), (B), (C), (E), or (F) of
subsection (a)(3).
(D) Subsection (a)(6)(E).
(E) Subparagraph (A) or (C) of subsection (a)(10).
(F) Subsection (a)(10)(D), if the alien has
received a conviction, award, compromise, settlement,
or injunction for an offense described in clause (i) of
such subsection, and if the court finds that the alien
did not reasonably believe at the time such violation
that the alien was a citizen.
(3) The Secretary of Homeland Security, or the Attorney
General, may waive any other provision of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest. | Lance Corporal Jose Gutierrez Act of 2008 - (Sec. 2) States that any person who served honorably as a member of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities.
Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service.
(Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge.
Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses' removal of conditional status.
(Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans.
(Sec. 5) Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon: (1) illegal reentry; (2) expedited removal for commission of certain crimes; or (3) inspection for admissions or asylum.
Exempts from specified grounds of inadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has served honorably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces.
Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors.
(Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces.
(Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces honorably during the period beginning February 28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietnam hostilities, or thereafter during any presidentially-designated period of military hostilities.
Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Airport and Airway
Extension Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AIRPORT AND AIRWAY PROGRAMS
Sec. 101. Extension of airport improvement program.
Sec. 102. Extension of expiring authorities.
Sec. 103. Federal Aviation Administration operations.
Sec. 104. Air navigation facilities and equipment.
Sec. 105. Research, engineering, and development.
Sec. 106. Funding for aviation programs.
Sec. 107. Essential air service.
TITLE II--REVENUE PROVISIONS
Sec. 201. Expenditure authority from Airport and Airway Trust Fund.
Sec. 202. Extension of taxes funding Airport and Airway Trust Fund.
TITLE I--AIRPORT AND AIRWAY PROGRAMS
SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(a) of title 49, United States
Code, is amended by striking the period at the end and inserting
``and $1,675,000,000 for the period beginning on October 1, 2015,
and ending on March 31, 2016.''.
(2) Obligation of amounts.--Subject to limitations specified in
advance in appropriation Acts, sums made available pursuant to the
amendment made by paragraph (1) may be obligated at any time
through September 30, 2016, and shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United States
Code, for the period beginning on October 1, 2015, and ending on
March 31, 2016, the Administrator of the Federal Aviation
Administration shall--
(A) first calculate such funding apportionments on an
annualized basis as if the total amount available under section
48103 of such title for fiscal year 2016 were $3,350,000,000;
and
(B) then reduce by 50 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b)
and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of title 49, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``September 30, 2015,'' and inserting ``March 31, 2016,''.
SEC. 102. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 47107(r)(3) of title 49, United States Code, is amended
by striking ``October 1, 2015'' and inserting ``April 1, 2016''.
(b) Section 47115(j) of title 49, United States Code, is amended by
inserting ``and for the period beginning on October 1, 2015, and ending
on March 31, 2016'' after ``fiscal years 2012 through 2015''.
(c) Section 47124(b)(3)(E) of title 49, United States Code, is
amended by inserting ``and not more than $5,175,000 for the period
beginning on October 1, 2015, and ending on March 31, 2016,'' after
``fiscal years 2012 through 2015''.
(d) Section 47141(f) of title 49, United States Code, is amended by
striking ``September 30, 2015'' and inserting ``March 31, 2016''.
(e) Section 50905(c)(3) of title 51, United States Code, is amended
by striking ``October 1, 2015,'' and inserting ``April 1, 2016,''.
(f) Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by inserting ``and for
the period beginning on October 1, 2015, and ending on March 31,
2016,'' after ``fiscal years 2012 through 2015''.
(g) Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``September 30, 2015'' and inserting ``March 31, 2016''.
(h) Section 140(c)(1) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 47113 note) is amended by striking ``fiscal years 2013
through 2015,'' and inserting ``fiscal years 2013 through 2016,''.
(i) Section 411(h) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 prec. note) is amended by striking ``September 30,
2015'' and inserting ``March 31, 2016''.
(j) Section 822(k) of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 47141 note) is amended by striking ``September 30, 2015''
and inserting ``March 31, 2016''.
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (C) by striking ``and'' at the end;
(B) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(C) by inserting after subparagraph (D) the following:
``(E) $4,870,350,000 for the period beginning on October 1,
2015, and ending on March 31, 2016.''; and
(2) in paragraph (3) by inserting ``and for the period
beginning on October 1, 2015, and ending on March 31, 2016'' after
``fiscal years 2012 through 2015''.
SEC. 104. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is amended by
adding at the end the following:
``(5) $1,300,000,000 for the period beginning on October 1,
2015, and ending on March 31, 2016.''.
SEC. 105. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a) of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``and'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) $78,375,000 for the period beginning on October 1, 2015,
and ending on March 31, 2016.''.
SEC. 106. FUNDING FOR AVIATION PROGRAMS.
(a) In General.--Section 48114 of title 49, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``2015'' and inserting
``2016''; and
(2) in subsection (c)(2) by striking ``2015'' and inserting
``2016''.
(b) Compliance With Funding Requirements.--The budget authority
authorized in this Act, including the amendments made by this Act,
shall be deemed to satisfy the requirements of subsections (a)(1)(B)
and (a)(2) of section 48114 of title 49, United States Code, for the
period beginning on October 1, 2015, and ending on March 31, 2016.
SEC. 107. ESSENTIAL AIR SERVICE.
Section 41742(a) of title 49, United States Code, is amended by
striking ``and $93,000,000 for fiscal year 2015'' and inserting
``$93,000,000 for fiscal year 2015, and $77,500,000 for the period
beginning on October 1, 2015, and ending on March 31, 2016,''.
TITLE II--REVENUE PROVISIONS
SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``October 1, 2015'' in the matter preceding
subparagraph (A) and inserting ``April 1, 2016'', and
(2) by striking the semicolon at the end of subparagraph (A)
and inserting ``or the Airport and Airway Extension Act of 2015;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``October 1, 2015'' and inserting ``April 1,
2016''.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``September 30, 2015'' and inserting
``March 31, 2016''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is amended
by striking ``September 30, 2015'' and inserting ``March 31,
2016''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2015'' and inserting ``March
31, 2016''.
(c) Fractional Ownership Programs.--
(1) Treatment as non-commercial aviation.--Section 4083(b) of
such Code is amended by striking ``October 1, 2015'' and inserting
``April 1, 2016''.
(2) Exemption from ticket taxes.--Section 4261(j) of such Code
is amended by striking ``September 30, 2015'' and inserting ``March
31, 2016''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the House passed version is repeated here.) Airport and Airway Extension Act of 2015 TITLE I--AIRPORT AND AIRWAY PROGRAMS (Sec. 101) This bill reauthorizes for the period October 1, 2015, through March 31, 2016, the airport improvement program. (Sec. 102) The following expiring authorities are extended through the same period, including: the competition disclosure requirement under a development project grant for a large hub airport or a medium hub airport; the eligibility for small airport grants of sponsors of airports in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau; the air traffic control contract program; state and local government compatible land use planning and projects; Department of Transportation authority to appropriate funds to acquire, establish, and improve air navigation facilities; civil aviation research and development; Federal Aviation Administration (FAA) operations; essential air service; and the starting date of authority to propose regulations restricting or prohibiting design features or operating practices for the commercial space flight industry. The Vision 100--Century of Aviation Reauthorization Act is amended to extend through the same period: the authorization for airport development at Midway Island Airport, and the authority of any final order with respect to the eligibility for essential air service compensation. The FAA Modernization and Reform Act of 2012 is amended to extend through: FY2016 the requirement for an Inspector General report on participation in FAA programs by disadvantaged small business concerns, March 31, 2016, the pilot program under which operators of up to four public-use airports may receive grants for activities related to the redevelopment of airport properties, and the same date the advisory committee for aviation consumer protection. TITLE II--REVENUE PROVISIONS (Sec. 201) The Internal Revenue Code is amended to extend through the same period expenditure authority from the Airport and Airway Trust Fund, fuel and ticket taxes, as well as the exemption from ticket taxes for aircraft in fractional ownership aircraft programs. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clatsop-Nehalem Restoration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Interim council.--The term ``Interim Council'' means
the council which is established under, and the members elected
pursuant to, section 5.
(2) Member.--The term ``member'', when used with respect to
the tribe, means an individual enrolled on the membership roll
of the tribe in accordance with section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or his designated representative.
(4) Tribal governing body.--The term ``tribal governing
body'' means the governing body that is established under, and
the members elected pursuant to, the tribal constitution and
bylaws adopted in accordance with section 6.
(5) Tribe.--The term ``tribe'' means Clatsop-Nehalem
Confederated Tribes of Oregon considered as one tribe in
accordance with section 3.
SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CONFEDERATED TRIBES AS ONE
TRIBE.
The Clatsop-Nehalem Confederated Tribes of Oregon shall be
considered as one tribal unit for purposes of Federal recognition and
eligibility for Federal benefits under section 4, the establishment of
tribal self-government under sections 5 and 6, and the compilation of a
tribal membership roll under section 7.
SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Notwithstanding any provision of the Act
approved August 13, 1954 (25 U.S.C. 691 et seq.) or any other law,
Federal recognition is extended to the Clatsop-Nehalem Confederated
Tribes of Oregon. Nothing is this bill shall affect or diminish the
treaty rights previously determined for other federally recognized
Indian tribes.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the tribe and the members
of the tribe under any Federal treaty, Executive order, agreement,
statute, or other Federal authority, that may have been diminished or
lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.) are
restored, and the provisions of such Act shall be inapplicable to the
tribe and to members of the tribe after the date of the enactment of
this Act.
(c) Federal Services and Benefits.--Notwithstanding any other
provision of law, the tribe and its members shall be eligible, on and
after the date of the enactment of this Act, for all Federal services
and benefits furnished to federally recognized Indian tribes without
regard to the existence of a reservation for the tribe. In the case of
Federal services available to members of federally recognized Indian
tribes residing on or near a reservation, members of the tribe residing
in the following counties of the State of Oregon shall be deemed to be
residing on or near a reservation:
(1) Tillamook County.
(2) Clatsop County.
(d) No Hunting, Fishing or Trapping Rights Restored.--No hunting,
fishing, or trapping rights of any nature of the tribe or of any
member, including any indirect or procedural right or advantage over
individuals who are not members, are granted or restored under this
Act.
(e) Effect on Property Rights and Other Obligations.--Except as
otherwise specifically provided in this Act, no provision contained in
this Act shall alter any property right or obligation, any contractual
right or obligation, or any obligation for taxes already levied.
SEC. 5. INTERIM COUNCIL.
(a) Establishment.--There is established an Interim Council of the
tribe which shall be composed of nine members. The Interim Council
shall--
(1) represent the tribe and its members in the
implementation of this Act; and
(2) be the governing body of the tribe until the tribal
governing body convenes.
(b) Nomination and Election of Interim Council Members.--
(1) General council meeting.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall
announce the date of a general council meeting of the tribe to
nominate candidates for election to the Interim Council. Such
general council meeting shall be held not later than 15 days
after such announcement.
(2) Election.--Not later than 45 days after the general
council meeting held under paragraph (1), the Secretary shall
hold an election by secret ballot to elect the members of the
Interim Council from among the members nominated in the general
council meeting. Absentee and write-in balloting shall be
permitted.
(3) Approval of results.--The Secretary shall approve the
results of the Interim Council election conducted pursuant to
this subsection if the Secretary is satisfied that the
requirements of this section relating to the nomination and the
election processes have been met. If the Secretary is not so
satisfied, the Secretary shall--
(A) call for another general council meeting to be
held not later than 60 days after such election to
nominate candidates for election to the Interim
Council; and
(B) hold another election within 45 days of such
meeting.
(4) Notice.--The Secretary shall take any action necessary
to ensure that each member described in section 7(d) is given
notice of the time, place, and purpose of each meeting and
election held pursuant to this subsection not less than 10 days
before the general meeting or election.
(c) Authority and Capacity; Termination.--The Interim Council
shall--
(1) have no powers other than those given it under this
Act;
(2) with respect to any Federal service or benefit for
which the tribe or any member is eligible, have full authority
and capacity to receive grants and to enter into contracts;
(3) except as provided in subsection (d), terminate on the
date that the tribal governing body first convenes; and
(4) with respect to any contractual right established and
any obligation entered into by the Interim Council, have the
authority and capacity to bind the tribal governing body, as
the successor in interest to the Interim Council, for a period
of not more than 6 months beginning on the date such tribal
governing body first convenes.
(d) Vacancy on Interim Council.--Not later than 30 days after a
vacancy occurs on the Interim Council and subject to the approval of
the Secretary, the Interim Council shall hold a general council meeting
to nominate a candidate for election to fill such vacancy and hold such
election. The Interim Council shall provide notice of the time, place,
and purpose of such meeting and election to members described in
section 7(d) not less than 10 days before each general meeting or
election.
SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOVERNING BODY.
(a) Adoption of Proposed Constitution and Bylaws; Election.--
(1) Time and procedure.--The Interim Council shall--
(A) prepare the tribal constitution and bylaws
which shall provide for, at a minimum, the
establishment of a tribal governing body and tribal
membership qualifications; and
(B) adopt such tribal constitution not later than 6
months after the date of the enactment of this Act.
(2) Election.--Upon the adoption of the proposed tribal
constitution and bylaws by the Interim Council, the Council
shall request that the Secretary, in writing, schedule an
election to approve or disapprove the adoption of such
constitution and bylaws. The Secretary shall conduct an
election by secret ballot in accordance with section 16 of the
Act of June 18, 1934.
(b) Notice and Consultation.--Not less than 30 days before any
election scheduled pursuant to subsection (a), a copy of the proposed
tribal constitution and bylaws, as adopted by the Interim Council,
along with a brief and impartial description of the proposed
constitution and bylaws shall be sent to each member described in
section 7(d). The members of the Interim Council may freely consult
with members of the tribe concerning the text and description of the
constitution and bylaws, except that such consultation may not be
carried on within 50 feet of the polling places on the date of such
election.
(c) Majority Vote for Adoption; Procedure in Event of Failure To
Adopt Proposed Constitution.--
(1) Majority vote for adoption.--In any election held
pursuant to subsection (a), a vote of a majority of those
actually voting shall be necessary and sufficient for the
approval of the adoption of the tribal constitution and bylaws.
(2) Procedure in event of failure to adopt proposed
constitution.--If in any such election such majority does not
approve the adoption of the proposed tribal constitution and
bylaws, the Interim Council shall be responsible for preparing
another tribal constitution and other bylaws in the same manner
provided in this section for the first proposed constitution
and bylaws. The new proposed constitution and bylaws shall be
adopted by the Interim Council not later than 6 months after
the date of the election in which the first proposed
constitution and bylaws failed to be adopted. An election on
the question of the adoption of the new proposal of the Interim
Council shall be conducted in the same manner provided in
subsection (a)(2) for the election on the first proposed
constitution and bylaws.
(d) Election of Tribal Governing Body.--Not later than 120 days
after the tribe approves the adoption of the tribal constitution and
bylaws and subject to the approval of the Secretary, the Interim
Council shall conduct an election, by secret ballot, to elect the
tribal governing body established under such constitution and bylaws.
Notwithstanding any provision of the tribal constitution and bylaws,
absentee and write-in balloting shall be permitted in an election under
this subsection.
SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER.
(a) Membership Roll Established and Opened.--The membership roll of
the tribe is established and open.
(b) Criteria Governing Eligibility.--
(1) Membership prior to election.--Until the first election
of the tribal governing body is held pursuant to section 6(d),
the membership of the Clatsop-Nehalem Confederated Tribes shall
consist as follows:
(A) Any person who can document being a direct
descent from a Clatsop or Nehalem (Naalem) Tillamook
Indian (or both) on the tribal rolls compiled--
(i) in 1906 by Charles E. McChesney,
Supervisor of Indian School.
(B) Any person found eligible by the Portland,
Oregon, Area Office of the Bureau of Indian Affairs who
would satisfy enrollment requirements under--
(i) the Act of August 24, 1912, (37 Stat.
518-535);
(ii) the Act of August 30, 1964, (78 Stat.
639); or
(iii) part 43 of title 25, Code of Federal
Regulations.
(C) Any person who descends from those Indians who
were signers of the treaties between the United States
and the Clatsop Tribe and the Nehalem Band of the
Tillamooks at Tansy Point, August 5 and 6, 1851 (Vol.
1, p. 7-13; Records Concerning Negotiation of Treaties,
1851-1855; Oregon Superintendency (National Archives
Microfilm Publication M2, roll 28); Records of the
Bureau of Indian Affairs, Record Group 75; National
Archives Building, Washington, DC).
(D) Any person who can document their direct
descent from a Clatsop or Nehalem Tillamook Indian on
any other Federal, State, Indian, or church record.
(E) Descends from those Indians who were members of
the Hobsonville Community.
(F) All children born to a member of the tribe.
(2) Membership after election.--After the first election of
the tribal governing body is held pursuant to section 6(d), the
provisions of the constitution and bylaws adopted in accordance
with section 6(a) shall govern membership in the tribe.
(c) Dual Membership.--Any person who is enrolled in any other
federally recognized Indian tribe, band, or community or native
corporation shall not, at the same time be enrolled in the tribe.
(d) Procedures for Verification of Eligibility.--
(1) Before election of interim council.--Before the
election of the members of the Interim Council is held pursuant
to section 5(b), verification of descendancy, for purposes of
enrollment and age for purposes of voting rights under
subsection (d) shall be made upon oath before the Secretary
whose determination thereon shall be final.
(2) After election of interim council.--After the election
of the members of the Interim Council is held pursuant to
section 5(b), but before the first election of the members of
the tribal governing body is held pursuant to section 6(d), the
verification of descendancy and age shall be made upon oath
before the Interim Council, or its authorized representative.
An individual may appeal the exclusion of his name from the
membership roll of the tribe to the Secretary, who shall make a
final determination of each such appeal within 90 days after
such an appeal has been filed with him. The determination of
the Secretary with respect to such an appeal shall be final.
(3) After election of tribal governing body.--After the
first election of the members of the tribal governing body is
held pursuant to section 6(d), the provisions of the
constitution and bylaws adopted in accordance with section 6(a)
shall govern the verification of any requirements for
membership in the tribe. The Interim Council and the Secretary
shall deliver their records and files and any other material
relating to the enrollment of tribal members to such tribal
governing body.
(4) Publication of membership roll.--Not less than 60 days
before the election under section 6(a), the Secretary shall
publish in the Federal Register a certified copy of the
membership roll of the tribe as of the date of such
publication. Such membership roll shall include the names of
all individuals who were enrolled by the Secretary, either
directly under paragraph (1) or pursuant to an appeal under
paragraph (2), and by the Interim Council under paragraph (2).
(e) Voting Rights of Member.--Each member who is 18 years of age or
older shall be eligible to--
(1) attend, participate in, and vote at each general
council meeting;
(2) nominate candidates for any office;
(3) run for any office; and
(4) vote in any election of members to the Interim Council
and to such other tribal governing body as may be established
under the constitution and bylaws adopted in accordance with
section 6.
SEC. 8. REGULATIONS.
The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this Act. | Clatsop-Nehalem Restoration Act - Extends federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon. Restores all rights and privileges of the Tribe and the members of the Tribe under any federal treaty, Executive order, agreement, statute, or other federal authority that may have been diminished or lost under the Act approved August 13, 1954. Makes the provisions of such Act inapplicable to the Tribe and its members. Makes the Tribe and its members eligible to receive all federal services and benefits furnished to federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe. Deems members of the Tribe residing in Tillamook and Clatsop Counties in Oregon as residing on or near a reservation. Declares that no hunting, fishing, or trapping rights of the Tribe or of any member are granted or restored. Establishes and opens the membership roll of the Tribe. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``World Trade Center Worker and
Contractor Protection Act''.
SEC. 2. INDEMNIFICATION, LIABILITY LIMITATION, AND FACILITATION OF
INSURANCE PROCUREMENT FOR CONTRACTORS FOR THE RESPONSE TO
THE WORLD TRADE CENTER ATTACKS.
(a) In General.--Regardless of any other provisions of law or any
contract, the United States Government shall, subject to the
limitations contained in this section, indemnify Contractors as defined
herein against claims as defined in this section.
(b) Coordination With Insurance.--Indemnification under this
section shall apply only to the extent that a claim is not otherwise
covered and compensable by insurance procured for the risks involved in
the response to the World Trade Center attacks. However, all or part of
the indemnification under this section may, pursuant to the terms of
insurance procured after the effective date of this Act, be payable
before such insurance is applicable.
(c) Limitation in Case of Willful Misconduct or Lack of Good
Faith.--When a claim arises from willful misconduct or lack of good
faith, intended to cause injury to persons or damage to property, on
the part of any of the Contractors' principal officials, the Contractor
shall not be indemnified.
(d) Control of Claims Management.--The Contractor shall, to the
extent that such claim is reasonably expected to involve
indemnification under this section--
(1) promptly notify the Federal Emergency Management Agency
of any claim against the Contractor that may reasonably be
expected to involve indemnification under this section;
(2) immediately furnish to the United States Government
copies of all pertinent papers Contractor receives;
(3) furnish evidence or proof of any claim covered by this
section in the manner and form the United States Government
requires; and
(4) comply with the United States Government's directions
and execute any authorizations required in connection with
settlement or defense of claims or actions.
(e) Procedure.--The United States Government may direct, control,
or assist in settling or defending any claim to the extent that such
claim involves indemnification under this section.
(f) Payment Authority.--This section constitutes budget authority
in advance of appropriations Acts and represents the obligation of the
United States Government to provide for the payment of amounts for
indemnification under this section.
(g) Limitation on Liability and Indemnity.--Notwithstanding any
other provision of law or contract, the total aggregate liability of
Contractors for claims shall not exceed $350,000,000. Insurance
coverage shall not increase this limit of liability and shall reduce
the indemnity commitment provided by this section. Insurance coverage
procured for Contractors after the effective date of this Act may, by
its terms, be payable for claims at liability coverage levels below the
total aggregate liability limit. This limit of liability shall not
preclude a Contractor from being paid or reimbursed for work performed,
services provided, or materials and equipment utilized or consumed.
(h) Litigation Management.--Any claims for damages against a
Contractor that may result in Federal indemnification as provided in
this section shall be brought under section 408(b) of the Air
Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note), as amended by section 201(b)(2) of the Aviation and
Transportation Security Act (Public Law 107-71), and shall be subject
to the following limits:
(1) No punitive damages may be awarded except in case of
willful misconduct, nor shall any party be liable for interest
prior to the judgment. No punitive damages may be awarded
against the United States Government.
(2) Each Contractor against whom a claim is brought shall
be liable only for the amount of damages allocated to such
Contractor in direct proportion to the percentage of
responsibility of the Contractor for causing the harm to the
plaintiff.
(i) Exclusion.--Nothing in this section shall in any way limit the
liability of any person who--
(1) attempts to commit, knowingly participates in, aids and
abets, or commits any act of terrorism, or any criminal act
related to or resulting from such act of terrorism; or
(2) participates in a conspiracy to commit any such act of
terrorism or any such criminal act.
(j) Right of Subrogation.--The United States shall have the right
of subrogation with respect to any claim paid by the United States that
results in federal indemnification as provided in this section. Such
right of subrogation shall not be applied against a Contractor.
(k) Definitions.--In this section:
(1) The term ``response to the World Trade Center attacks''
means all acts or failures to act by Contractors or volunteers
in connection with their work at the World Trade Center site on
the rescue and evacuation, recovery of bodies, clean up,
environmental remediation, removal of debris, transportation of
debris, control of pollutants, securing of public and private
property, and protection of the public health, safety and
welfare; provided that such term shall not include efforts to
build or rebuild new buildings or other activities on the site
of the World Trade Center attacks occurring subsequent to the
foregoing acts or failures to act.
(2) The term ``Contractor'' means any person or entity
involved in providing work, labor, equipment, materials, or
services in connection with the response to the World Trade
Center attacks, including--
(A) contractors, subcontractors at any tier,
construction managers, engineers, design professionals,
and their parents, affiliates, officers, directors,
partners, and employees; and
(B) the persons or entities, including States or
political subdivisions thereof, contracting for such
work, labor, equipment, materials or services.
(3) The term ``Contractor's principal officials'' means
directors, officers, managers, superintendents, or other
representatives supervising or directing--
(A) all or substantially all of the Contractor's
business;
(B) all or substantially all of the Contractor's
operations at any one plant or separate location in
which work in response to the World Trade Center attack
is being performed; or
(C) a separate and complete major industrial
operation in which work in response to the World Trade
Center attack is being performed.
(4) The term ``claims'' or ``claim'' shall mean claims,
actions, losses, settlements or damages (including reasonable
expenses of litigation and defense thereof) arising out of or
resulting from the response to the World Trade Center attacks,
whether arising prior to or subsequent to the enactment of this
legislation, for death, personal injury, or loss of, damage to,
or loss of use of property.
(l) Severability.--If any provision of this section, or the
application hereof to any person or circumstances, is held invalid, the
remainder of this section, and the application of such provision to
other persons or circumstances, shall not be affected thereby. | World Trade Center Worker and Contractor Protection Act - Provides for Federal indemnification and liability protection to contractors or volunteers in connection with their response to the World Trade Center attacks by undertaking rescue and evacuation, recovery of bodies, clean up, environmental remediation, removal and transportation of debris, control of pollutants, securing of public and private property, and protection of the public health, safety and welfare. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability for Accountants Act
of 2002''.
SEC. 2. RESTORATION OF JOINT AND SEVERAL LIABILITY.
(a) Amendment.--Subparagraph (A) of section 21D(f)(2) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(f)(2)(A)) is amended
to read as follows:
``(A) Joint and several liability.--Any covered
person against whom a final judgment is entered in a
private action shall be liable for damages jointly and
severally only if the trier of fact specifically
determines that--
``(i) such covered person knowingly
committed a violation of the securities laws;
``(ii) the covered person was the auditor
of the financial statements of the issuer of
the securities that are the subject of the
class action and such auditor failed to comply
with section 10A by failing to detect and
report an illegal act of such issuer that is
the basis of such class action;
``(iii) the covered person was the auditor
of the financial statements of such issuer and
such auditor performed any non-audit functions
for such issuer during the fiscal year in which
an alleged violation of the securities laws
occurred; or
``(iv) the issuer of such securities is
insolvent.''.
(b) Uncollectable Shares.--Section 21D(f)(4) of such Act is amended
by adding at the end the following new subparagraph:
``(D) Inapplicability to insolvency cases.--The
provisions of this paragraph shall not apply in any
case in which the trier of fact determines that the
issuer of the securities that are the subject of the
class action is insolvent under paragraph
(2)(A)(iv).''.
(c) Disclosure to Juries.--Section 21D(f) of such Act is further
amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraphs (7) through (10) as
paragraphs (6) through (9), respectively.
(d) Definition.--Section 21D(f)(9) of such Act (as redesignated by
subsection (c)(2) of this section) is amended--
(1) by striking ``and'' at then 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) an auditor shall be considered to have
performed `non-audit functions for an issuer' if such
auditor received any compensation for services from
such issuer for a fiscal year that did not qualify to
be treated as audit fees for such fiscal year for
purposes of item 9(e)(1) of the schedule 14A of such
issuer.''.
(e) Prevention of Stays of Discovery.--
(1) Section 21D(b)(3) of such Act is amended by adding at
the end the following new subparagraph:
``(E) Inapplicability to action against auditors.--
In any private action arising under this title against
the auditor of the financial statements of the issuer
of the securities that are the subject of such action,
discovery and other proceedings shall not be stayed
pursuant to this paragraph.''.
(2) Section 27(b) of the Securities Act of 1933 (15 U.S.C.
77z-1(b)) is amended by adding at the end the following new
paragraph:
``(5) Inapplicability to action against auditors.--In any
private action arising under this title against the auditor of
the financial statements of the issuer of the securities that
are the subject of such action, discovery and other proceedings
shall not be stayed pursuant to this subsection.''.
SEC. 3. RESTORATION OF AIDING AND ABETTING LIABILITY.
(a) Securities Act of 1933.--Section 20 of the Securities Act of
1933 (15 U.S.C. 77t) is amended by adding at the end the following new
subsection:
``(g) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (b) and (d), any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule or regulation
hereunder, shall be deemed to violate such provision to the same extent
as the person to whom such assistance is provided. No person shall be
liable under this subsection based on an omission or failure to act
unless such omission or failure constituted a breach of a duty owed by
such person.''.
(b) Securities Exchange Act of 1934.--Section 20(e) of the
Securities Exchange Act of 1934 (15 U.S.C. 78t(e)) is amended to read
as follows:
``(e) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (d)(1) and (d)(3) of section 21, or an action
by a self-regulatory organization, or an express or implied private
right of action under this title, any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule or regulation
thereunder, shall be deemed to violate such provision and shall be
liable to the same extent as the person to whom such assistance is
provided. No person shall be liable under this subsection based on an
omission or failure to act unless such omission or failure constituted
a breach of a duty owed by such person.''.
(c) Investment Company Act of 1940.--Section 42 of the Investment
Company Act of 1940 (15 U.S.C. 80a-41) is amended by adding at the end
the following new subsection:
``(f) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (d) and (e), any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule, regulation, or
order hereunder, shall be deemed to violate such provision to the same
extent as the person to whom such assistance is provided. No person
shall be liable under this subsection based on an omission or failure
to act unless such omission or failure constituted a breach of a duty
owed by such person.''.
(d) Investment Advisers Act of 1940.--Section 209(d) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-9) is amended--
(1) in subsection (d)--
(A) by striking ``or that any person has aided,
abetted, counseled, commanded, induced, or procured, is
aiding, abetting, counseling, commanding, inducing, or
procuring, or is about to aid, abet, counsel, command,
induce, or procure such a violation,''; and
(B) by striking ``or in aiding, abetting,
counseling, commanding, inducing, or procuring any such
act or practice''; and
(2) by adding at the end the following new subsection:
``(f) Prosecution of Persons Who Aid or Abet Violations.--For
purposes of subsections (d) and (e), any person who knowingly or
recklessly provides substantial assistance to another person in the
violation of a provision of this title, or of any rule, regulation, or
order hereunder, shall be deemed to violate such provision to the same
extent as the person to whom such assistance is provided. No person
shall be liable under this subsection based on an omission or failure
to act unless such omission or failure constituted a breach of duty
owed by such person.''.
SEC. 4. DESTRUCTION OF RECORDS; SEPARATION OF FUNCTIONS.
(a) Audit Requirements.--Section 10A of the Securities Exchange Act
of 1934 (15 U.S.C. 78j-1) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Destruction of Records.--
``(1) Maintenance of records required.--Any accountant that
conducts an audit of an issuer pursuant to this title to which
subsection (a) applies shall maintain all documents (including
electronic documents) sent, received, or created in connection
with any audit, review, or other engagement for such issuer for
a period of four years from the end of the fiscal period in
which the engagement was concluded.
``(2) Penalty.--In addition to any other sanctions that may
be available, any person who knowingly and willfully violates
paragraph (1) shall be subject to fine and imprisonment to the
same extent as a person violating section 1512(b) of title 18,
United States Code.
``(f) Consideration of Separation of Audit and Non-Audit
Functions.--
``(1) Consideration required.--Any accountant that conducts
an audit of an issuer pursuant to this title to which
subsection (a) applies shall, within 60 days after the date of
enactment of the Accountability for Accountants Act of 2002,
initiate a review of--
``(A) whether that accountant should divest itself
of any interests in non-audit businesses in light of
the inherent potential conflicts of interest in
providing both audit and non-audit services to an
issuer; or
``(B) whether the accountant should cease providing
non-audit services to those companies whose financial
statements it audits.
``(2) Reports.--Each accountant to which paragraph (1)
applies shall report to the Commission within 12 months after
such date of enactment on whether such accountant has decided
to either divest its non-audit services, or to cease providing
non-audit services to audit clients. The Commission shall
submit a report to Congress on the reports received under the
preceding sentence.''.
(b) Preservation of Records During Shareholder Litigation.--
(1) Securities act of 1933.--Section 27(b)(2) of the
Securities Act of 1933 (15 U.S.C. 77z-1(b)(2)) is amended by
inserting ``, and the issuer of the securities that are the
subject of such action,'' after ``in the complaint''.
(2) Securities exchange act of 1934.--Section
21D(b)(3)(C)(i) of the Securities Act of 1933 (15 U.S.C. 77z-
1(b)(3)(C)(i)) is amended by inserting ``, and the issuer of
the securities that are the subject of such action,'' after
``in the complaint''. | Accountability for Accountants Act of 2002 - Amends the Securities Exchange Act of 1934 to extend joint and several liability to an auditor of financial statements: (1) who has been found by a jury to have failed to detect and report illegal acts of the issuer of securities that are the subject of a class action; (2) who has performed non-audit functions for such issuer during the time within which an alleged violation of securities occurred; or (3) the issuer of such securities is insolvent.Declares stay of discovery procedures inapplicable in any private action against such auditor.Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to extend liability to persons who aid or abet violations of such Act.Amends the Securities Exchange Act of 1934 to mandate maintenance of audit records of an issuer of securities and to impose criminal sanctions for non-compliance.Requires an accountant/auditor of a securities issuer to report to the Securities and Exchange Commission on its decision to: (1) divest itself of interests in non-audit businesses in light of the inherent potential conflicts of interest in providing both audit and non-audit services to an issuer; or (2) cease providing non-audit services to companies whose financial statements it audits.Mandates preservation of records during shareholder litigation. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Birth Defects Prevention, Risk
Reduction, and Awareness Act of 2010''.
SEC. 2. BIRTH DEFECTS PREVENTION, RISK REDUCTION, AND AWARENESS.
(a) In General.--The Secretary shall establish and implement a
birth defects prevention and public awareness program, consisting of
the activities described in subsections (c) and (d).
(b) Definitions.--In this Act:
(1) The term ``organization'' means an organization with a
demonstrated ability to provide, and experience providing,
specialized information on prenatal exposures and breastfeeding
exposures with oversight by a licensed health care provider.
(2) The term ``pregnancy and breastfeeding information
services'' includes only--
(A) information services to provide accurate,
evidence-based, clinical information regarding maternal
exposures during pregnancy that may be associated with
birth defects or other health risks, such as exposures
to medications, chemicals, infections, foodborne
pathogens, illnesses, nutrition, or lifestyle factors;
(B) information services to provide accurate,
evidence-based, clinical information regarding maternal
exposures during breastfeeding that may be associated
with health risks to a breast-fed infant, such as
exposures to medications, chemicals, infections,
foodborne pathogens, illnesses, nutrition, or lifestyle
factors;
(C) the provision of accurate, evidence-based
information weighing risks of exposures during
breastfeeding against benefits of breastfeeding; and
(D) the provision of information described in
subparagraph (A), (B), or (C) through counselors, Web
sites, fact sheets, telephonic or electronic
communication, community outreach efforts, or other
appropriate means.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Director of the Centers
for Disease Control and Prevention.
(c) Nationwide Media Campaign.--In carrying out subsection (a), the
Secretary shall conduct or support a nationwide media campaign to
increase awareness among health care providers and at-risk populations
about pregnancy and breastfeeding information services.
(d) Grants for Pregnancy and Breastfeeding Information Services.--
(1) In general.--In carrying out subsection (a), the
Secretary shall award grants to organizations for any of the
following:
(A) Information services.--The provision of, or
campaigns to increase awareness about, pregnancy and
breastfeeding information services.
(B) Surveillance and research.--The conduct or
support of--
(i) surveillance of, or research on--
(I) maternal exposures that may
influence the risk of birth defects,
prematurity, or other adverse pregnancy
outcomes; and
(II) maternal exposures that may
influence health risks to a breastfed
infant; or
(ii) networking to facilitate surveillance
or research described in this subparagraph.
(2) Preference for certain organizations in certain
states.--The Secretary, in making any grant under this
subsection, shall give preference to organizations, otherwise
equally qualified, operating in States that have or had a
pregnancy and breastfeeding information service in place on or
after January 1, 2006.
(3) Matching funds.--The Secretary may award a grant under
this subsection only to an organization that agrees, with
respect to the costs to be incurred in carrying out the grant
activities, to make available (directly or through donations
from public or private entities) non-Federal funds toward such
costs in an amount that is not less than 25 percent of the
amount of the grant.
(4) Coordination.--The Secretary shall ensure that
activities funded through a grant under this subsection are
coordinated, to the maximum extent practicable, with other
birth defects prevention and environmental health activities of
the Federal Government, including with respect to pediatric
environmental health specialty units and children's
environmental health centers.
(e) Evaluation.--In furtherance of the program under subsection
(a), the Secretary shall provide for an evaluation of pregnancy and
breastfeeding information services to identify efficient and effective
models of--
(1) providing information;
(2) raising awareness and increasing knowledge about birth
defects prevention measures;
(3) modifying risk behaviors; or
(4) other outcome measures as determined appropriate by the
Secretary.
(f) Authorization of Appropriations.--To carry out this Act, there
are authorized to be appropriated $5,000,000 for fiscal year 2011,
$6,000,000 for fiscal year 2012, $7,000,000 for fiscal year 2013,
$8,000,000 for fiscal year 2014, and $9,000,000 for fiscal year 2015. | Birth Defects Prevention, Risk Reduction, and Awareness Act of 2010 - Requires the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish and implement a birth defects prevention and public awareness program, which includes: (1) a nationwide media campaign to increase awareness among health care providers and at-risk populations about pregnancy and breastfeeding information services; (2) grants for the provision of, or campaigns to increase awareness about, pregnancy and breastfeeding information services; and (3) grants for the conduct or support of surveillance of or research on maternal exposures that may influence the risk of adverse pregnancy outcomes and maternal exposures that may influence health risks to a breastfed infant, or of networking to facilitate such surveillance or research. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Abuse Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of older Americans who are abused,
neglected, or exploited is increasing, and a large percentage
of elder abuse cases are not reported to Federal and State law
enforcement authorities.
(2) The number of Americans aged 65 and older is projected
to increase exponentially in the coming years, and many of
these valued citizens will begin to constitute a vulnerable
population at increased risk of abuse and exploitation in
domestic and community-based settings.
(3) The projected increase in the number of Americans aged
65 and over is expected to result in a corresponding increase
in the number of cases of elder abuse, which suggests an urgent
need for comprehensive consideration of means by which such
abuse can be prevented, reported, and prosecuted by Federal and
State authorities.
(4) Violent, physical, and sexual assaults upon older
Americans are particularly abhorrent and should be prosecuted
vigorously by Federal and State law enforcement authorities.
Such acts should be deterred by appropriate penalties including
enhanced penalties and the elimination of parole for
individuals convicted of violent sexual offenses against the
elderly.
SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED AGAINST THE ELDERLY OR
FOR SEXUALLY VIOLENT PREDATORS.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b)(1) in which a State receives funds
for a program referred to in subsection (b)(2), the State shall have in
effect throughout the State laws and policies that prohibit parole for
any individual who is--
(1) convicted of a criminal sexual offense against a victim
who is elderly, which shall include any such offense under
State law for conduct that would constitute an offense under
chapter 109A of title 18, United States Code, had the conduct
occurred in the special maritime and territorial jurisdiction
of the United States or in a Federal prison; or
(2) a sexually violent predator.
(b) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 2
years to a State that is making good faith efforts to
comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a) shall not receive 10
percent of the funds that would otherwise be allocated for that
fiscal year to the State under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), whether characterized as the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(c) Reallocation.--Amounts not allocated under a program referred
to in subsection (b)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(d) Definition.--For the purposes of this section, the term
``sexually violent predator'' means a person who has been convicted of
a sexually violent offense and who suffers from a mental abnormality or
personality disorder that makes the person likely to engage in
predatory sexually violent offenses.
SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES.
(a) Request for Immediate Consideration by the United States
Sentencing Commission.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission is requested to--
(1) promptly review the sentencing guidelines applicable to
sexual offenses committed against the elderly;
(2) expeditiously consider the promulgation of new
sentencing guidelines or amendments to existing sentencing
guidelines to provide an enhancement for such offenses; and
(3) submit to Congress an explanation of actions taken by
the Sentencing Commission pursuant to paragraph (2) and any
additional policy recommendations the Sentencing Commission may
have for combating offenses described in paragraph (1).
(b) Considerations in Review.--In carrying out this section, the
Sentencing Commission is requested to--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of such offenses and the
need for aggressive and appropriate law enforcement action to
prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
United States Sentencing Commission is requested to promulgate the
guidelines or amendments provided for under this section as soon as
practicable, and in any event not later than the 180 days after the
date of enactment of this Act, in accordance with the procedures sent
forth in section 21(a) of the Sentencing Reform Act of 1987, as though
the authority under that Act had not expired. | Elder Abuse Prevention Act - Requires a state that is receiving funds for certain law enforcement assistance programs under the Omnibus Crime Control and Safe Streets Act of 1968 to adopt laws and policies that prohibit parole for: (1) any individual who is convicted of a criminal sexual offense against a victim who is elderly; or (2) a sexually violent predator. Grants states three years to implement such laws and policies (with one additional two-year extension for states making good faith efforts at implementation). Renders any state that does not implement such laws and policies within the required period ineligible for 10% of funding for its law enforcement assistance programs.
Requests the U.S. Sentencing Commission to promptly review its guidelines for sexual offenses committed against the elderly and to consider new guidelines for enhanced sentencing for such crimes. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Emergency Management
Improvement Act of 2006''.
TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 101. ESTABLISHMENT OF AGENCY AND DIRECTOR AND DEPUTY DIRECTOR.
(a) Establishment.--The Federal Emergency Management Agency is
established as an independent establishment in the executive branch as
defined under section 104 of title 5, United States Code.
(b) Director.--
(1) In general.--The Director of the Federal Emergency
Management Agency shall be the head of the Federal Emergency
Management Agency. The Director shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director shall report directly to the President.
(2) Qualifications.--The Director of the Federal Emergency
Management Agency shall have significant experience, knowledge,
training, and expertise in the area of emergency preparedness,
response, recovery, and mitigation as related to natural
disasters and other national cataclysmic events.
(3) Executive schedule position.--Section 5312 of title 5,
United States Code, is amended by adding at the end the
following:
``Director of the Federal Emergency Management Agency.''.
(c) Deputy Director.--
(1) In general.--The Deputy Director of the Federal
Emergency Management Agency shall assist the Director of the
Federal Emergency Management Agency. The Deputy Director shall
be appointed by the President, by and with the advice and
consent of the Senate.
(2) Qualifications.--The Deputy Director of the Federal
Emergency Management Agency shall have significant experience,
knowledge, training, and expertise in the area of emergency
preparedness, response, recovery, and mitigation as related to
natural disasters and other national cataclysmic events.
(3) Executive schedule position.--Section 5313 of title 5,
United States Code, is amended by adding at the end the
following:
``Deputy Director of the Federal Emergency Management
Agency.''.
SEC. 102. FUNCTIONS.
(a) In General.--The functions of the Federal Emergency Management
Agency include the following:
(1) All functions and authorities prescribed by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Carrying out its mission to reduce the loss of life and
property and protect the Nation from all hazards by leading and
supporting the Nation in a comprehensive, risk-based emergency
management program of--
(A) mitigation, by taking sustained actions to
reduce or eliminate long-term risk to people and
property from hazards and their effects;
(B) planning for building the emergency management
profession to prepare effectively for, mitigate
against, respond to, and recover from any hazard;
(C) response, by conducting emergency operations to
save lives and property through positioning emergency
equipment and supplies, through evacuating potential
victims, through providing food, water, shelter, and
medical care to those in need, and through restoring
critical public services;
(D) recovery, by rebuilding communities so
individuals, businesses, and governments can function
on their own, return to normal life, and protect
against future hazards; and
(E) increased efficiencies, by coordinating efforts
relating to mitigation, planning, response, and
recovery.
(b) Federal Response Plan.--
(1) Role of fema.--Notwithstanding any provision of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the
Federal Emergency Management Agency shall remain the lead
agency for the Federal Response Plan established under
Executive Order No. 12148 (44 Fed. Reg. 43239) and Executive
Order No. 12656 (53 Fed. Reg. 47491).
(2) Revision of response plan.--Not later than 60 days
after the date of enactment of this Act, the Director of the
Federal Emergency Management Agency shall revise the Federal
Response Plan to reflect the establishment of the Federal
Emergency Management Agency as an independent establishment
under this Act.
(c) Technical and Conforming Amendments.--
(1) In general.--Section 507 of the Homeland Security Act
of 2002 (6 U.S.C. 317) is repealed.
(2) Other provisions.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(A) in section 430(c)--
(i) in paragraph (7), by adding ``and'' at
the end;
(ii) by striking paragraph (8); and
(iii) by redesignating paragraph (9) as
paragraph (8); and
(B) in section 503--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (1) through (4),
respectively.
(3) Table of contents.--The table of contents for the
Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
striking the item relating to section 507.
SEC. 103. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to detract from the
Department of Homeland Security's primary mission to secure the
homeland from terrorist attacks.
TITLE II--TRANSFER AND SAVINGS PROVISIONS
SEC. 201. DEFINITIONS.
In this title, unless otherwise provided or indicated by the
context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
SEC. 202. TRANSFER OF FUNCTIONS.
There are transferred to the Federal Emergency Management Agency
established under section 101 of this Act all functions which the
Director of the Federal Emergency Management Agency of the Department
of Homeland Security exercised before the date of the enactment of this
title.
SEC. 203. PERSONNEL PROVISIONS.
(a) Appointments.--The Director of the Federal Emergency Management
Agency may appoint and fix the compensation of such officers and
employees, including investigators, attorneys, and administrative law
judges, as may be necessary to carry out the respective functions
transferred under this title. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with the civil
service laws and their compensation fixed in accordance with title 5,
United States Code.
(b) Experts and Consultants.--The Director of the Federal Emergency
Management Agency may obtain the services of experts and consultants in
accordance with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day (including
traveltime) at rates not in excess of the rate of pay for level IV of
the Executive Schedule under section 5315 of such title. The Director
of the Federal Emergency Management Agency may pay experts and
consultants who are serving away from their homes or regular place of
business, travel expenses and per diem in lieu of subsistence at rates
authorized by sections 5702 and 5703 of such title for persons in
Government service employed intermittently.
SEC. 204. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or otherwise
provided by this title, the Director of the Federal Emergency
Management Agency may delegate any of the functions transferred to the
Director of the Federal Emergency Management Agency by this title and
any function transferred or granted to such Director after the
effective date of this title to such officers and employees of the
Federal Emergency Management Agency as the Director may designate, and
may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions by the Director of
the Federal Emergency Management Agency under this section or under any
other provision of this title shall relieve such Director of
responsibility for the administration of such functions.
SEC. 205. REORGANIZATION.
The Director of the Federal Emergency Management Agency is
authorized to allocate or reallocate any function transferred under
section 202 among the officers of the Federal Emergency Management
Agency, and to establish, consolidate, alter, or discontinue such
organizational entities in the Federal Emergency Management Agency as
may be necessary or appropriate.
SEC. 206. RULES.
The Director of the Federal Emergency Management Agency is
authorized to prescribe, in accordance with the provisions of chapters
5 and 6 of title 5, United States Code, such rules and regulations as
the Director determines necessary or appropriate to administer and
manage the functions of the Federal Emergency Management Agency.
SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
Except as otherwise provided in this title, the personnel employed
in connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by this title, subject to section 1531 of title 31, United
States Code, shall be transferred to the Federal Emergency Management
Agency. Unexpended funds transferred pursuant to this section shall be
used only for the purposes for which the funds were originally
authorized and appropriated.
SEC. 208. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, at such time
or times as the Director shall provide, is authorized to make such
determinations as may be necessary with regard to the functions
transferred by this title, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
SEC. 209. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this title, the
transfer pursuant to this title of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for one year after the date of transfer of
such employee under this title.
(b) Executive Schedule Positions.--Except as otherwise provided in
this title, any person who, on the day preceding the effective date of
this title, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed in the Federal
Emergency Management Agency to a position having duties comparable to
the duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less than the
rate provided for such previous position, for the duration of the
service of such person in such new position.
SEC. 210. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title, and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Director of the Federal Emergency Management Agency
or other authorized official, a court of competent jurisdiction, or by
operation of law.
(b) Proceedings Not Affected.--The provisions of this title shall
not affect any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or financial
assistance pending before the Federal Emergency Management Agency at
the time this title takes effect, with respect to functions transferred
by this title but such proceedings and applications shall continue.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as if
this title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall not
affect suits commenced before the effective date of this title, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this title
had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Federal Emergency Management Agency, or by
or against any individual in the official capacity of such individual
as an officer of the Federal Emergency Management Agency, shall abate
by reason of the enactment of this title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Federal Emergency Management Agency
relating to a function transferred under this title may be continued by
the Federal Emergency Management Agency with the same effect as if this
title had not been enacted.
SEC. 211. SEPARABILITY.
If a provision of this title or its application to any person or
circumstance is held invalid, neither the remainder of this title nor
the application of the provision to other persons or circumstances
shall be affected.
SEC. 212. TRANSITION.
The Director of the Federal Emergency Management Agency is
authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Federal Emergency Management Agency with
respect to functions transferred by this title; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
SEC. 213. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to a department, agency, or office from which a function is
transferred by this title--
(1) to the head of such department, agency, or office is
deemed to refer to the head of the department, agency, or
office to which such function is transferred; or
(2) to such department, agency, or office is deemed to
refer to the department, agency, or office to which such
function is transferred.
SEC. 214. ADDITIONAL CONFORMING AMENDMENTS.
(a) Recommended Legislation.--After consultation with the
appropriate committees of the Congress and the Director of the Office
of Management and Budget, the Director of the Federal Emergency
Management Agency shall prepare and submit to Congress recommended
legislation containing technical and conforming amendments to reflect
the changes made by this Act.
(b) Submission to Congress.--Not later than 6 months after the
effective date of this title, the Director of the Federal Emergency
Management Agency shall submit the recommended legislation referred to
under subsection (a). | Federal Emergency Management Improvement Act of 2006 - Reestablishes the Federal Emergency Management Agency (FEMA) as an independent establishment in the executive branch. Requires FEMA to be headed by a Director appointed by the President, by and with the advice and consent of the Senate.
Requires FEMA to: (1) include all functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) carry out its mission to reduce the loss of life and property and protect the nation from all hazards with a comprehensive, risk-based emergency management program.
Requires FEMA to remain the lead agency for the Federal Response Plan. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America Act of 2007''.
SEC. 2. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF
FOREIGN INTELLIGENCE INFORMATION.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by inserting after section 105 the following:
``CLARIFICATION OF ELECTRONIC SURVEILLANCE OF PERSONS OUTSIDE THE
UNITED STATES
``Sec. 105A. Nothing in the definition of electronic surveillance
under section 101(f) shall be construed to encompass surveillance
directed at a person reasonably believed to be located outside of the
United States.
``ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS
CONCERNING PERSONS LOCATED OUTSIDE THE UNITED STATES
``Sec. 105B. (a) Notwithstanding any other law, the Director of
National Intelligence and the Attorney General, may for periods of up
to one year authorize the acquisition of foreign intelligence
information concerning persons reasonably believed to be outside the
United States if the Director of National Intelligence and the Attorney
General determine, based on the information provided to them, that--
``(1) there are reasonable procedures in place for determining
that the acquisition of foreign intelligence information under this
section concerns persons reasonably believed to be located outside
the United States, and such procedures will be subject to review of
the Court pursuant to section 105C of this Act;
``(2) the acquisition does not constitute electronic
surveillance;
``(3) the acquisition involves obtaining the foreign
intelligence information from or with the assistance of a
communications service provider, custodian, or other person
(including any officer, employee, agent, or other specified person
of such service provider, custodian, or other person) who has
access to communications, either as they are transmitted or while
they are stored, or equipment that is being or may be used to
transmit or store such communications;
``(4) a significant purpose of the acquisition is to obtain
foreign intelligence information; and
``(5) the minimization procedures to be used with respect to
such acquisition activity meet the definition of minimization
procedures under section 101(h).
``This determination shall be in the form of a written
certification, under oath, supported as appropriate by affidavit of
appropriate officials in the national security field occupying
positions appointed by the President, by and with the consent of the
Senate, or the Head of any Agency of the Intelligence Community, unless
immediate action by the Government is required and time does not permit
the preparation of a certification. In such a case, the determination
of the Director of National Intelligence and the Attorney General shall
be reduced to a certification as soon as possible but in no event more
than 72 hours after the determination is made.
``(b) A certification under subsection (a) is not required to
identify the specific facilities, places, premises, or property at
which the acquisition of foreign intelligence information will be
directed.
``(c) The Attorney General shall transmit as soon as practicable
under seal to the court established under section 103(a) a copy of a
certification made under subsection (a). Such certification shall be
maintained under security measures established by the Chief Justice of
the United States and the Attorney General, in consultation with the
Director of National Intelligence, and shall remain sealed unless the
certification is necessary to determine the legality of the acquisition
under section 105B.
``(d) An acquisition under this section may be conducted only in
accordance with the certification of the Director of National
Intelligence and the Attorney General, or their oral instructions if
time does not permit the preparation of a certification, and the
minimization procedures adopted by the Attorney General. The Director
of National Intelligence and the Attorney General shall assess
compliance with such procedures and shall report such assessments to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
under section 108(a).
``(e) With respect to an authorization of an acquisition under
section 105B, the Director of National Intelligence and Attorney
General may direct a person to--
``(1) immediately provide the Government with all information,
facilities, and assistance necessary to accomplish the acquisition
in such a manner as will protect the secrecy of the acquisition and
produce a minimum of interference with the services that such
person is providing to the target; and
``(2) maintain under security procedures approved by the
Attorney General and the Director of National Intelligence any
records concerning the acquisition or the aid furnished that such
person wishes to maintain.
``(f) The Government shall compensate, at the prevailing rate, a
person for providing information, facilities, or assistance pursuant to
subsection (e).
``(g) In the case of a failure to comply with a directive issued
pursuant to subsection (e), the Attorney General may invoke the aid of
the court established under section 103(a) to compel compliance with
the directive. The court shall issue an order requiring the person to
comply with the directive if it finds that the directive was issued in
accordance with subsection (e) and is otherwise lawful. Failure to obey
an order of the court may be punished by the court as contempt of
court. Any process under this section may be served in any judicial
district in which the person may be found.
``(h)(1)(A) A person receiving a directive issued pursuant to
subsection (e) may challenge the legality of that directive by filing a
petition with the pool established under section 103(e)(1).
``(B) The presiding judge designated pursuant to section 103(b)
shall assign a petition filed under subparagraph (A) to one of the
judges serving in the pool established by section 103(e)(1). Not later
than 48 hours after the assignment of such petition, the assigned judge
shall conduct an initial review of the directive. If the assigned judge
determines that the petition is frivolous, the assigned judge shall
immediately deny the petition and affirm the directive or any part of
the directive that is the subject of the petition. If the assigned
judge determines the petition is not frivolous, the assigned judge
shall, within 72 hours, consider the petition in accordance with the
procedures established under section 103(e)(2) and provide a written
statement for the record of the reasons for any determination under
this subsection.
``(2) A judge considering a petition to modify or set aside a
directive may grant such petition only if the judge finds that such
directive does not meet the requirements of this section or is
otherwise unlawful. If the judge does not modify or set aside the
directive, the judge shall immediately affirm such directive, and order
the recipient to comply with such directive.
``(3) Any directive not explicitly modified or set aside under this
subsection shall remain in full effect.
``(i) The Government or a person receiving a directive reviewed
pursuant to subsection (h) may file a petition with the Court of Review
established under section 103(b) for review of the decision issued
pursuant to subsection (h) not later than 7 days after the issuance of
such decision. Such court of review shall have jurisdiction to consider
such petitions and shall provide for the record a written statement of
the reasons for its decision. On petition for a writ of certiorari by
the Government or any person receiving such directive, the record shall
be transmitted under seal to the Supreme Court, which shall have
jurisdiction to review such decision.
``(j) Judicial proceedings under this section shall be concluded as
expeditiously as possible. The record of proceedings, including
petitions filed, orders granted, and statements of reasons for
decision, shall be maintained under security measures established by
the Chief Justice of the United States, in consultation with the
Attorney General and the Director of National Intelligence.
``(k) All petitions under this section shall be filed under seal.
In any proceedings under this section, the court shall, upon request of
the Government, review ex parte and in camera any Government
submission, or portions of a submission, which may include classified
information.
``(l) Notwithstanding any other law, no cause of action shall lie
in any court against any person for providing any information,
facilities, or assistance in accordance with a directive under this
section.
``(m) A directive made or an order granted under this section shall
be retained for a period of not less than 10 years from the date on
which such directive or such order is made.''.
SEC. 3. SUBMISSION TO COURT REVIEW AND ASSESSMENT OF PROCEDURES.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by inserting after section 105B the following:
``SUBMISSION TO COURT REVIEW OF PROCEDURES
``Sec. 105C. (a) No later than 120 days after the effective date
of this Act, the Attorney General shall submit to the Court established
under section 103(a), the procedures by which the Government determines
that acquisitions conducted pursuant to section 105B do not constitute
electronic surveillance. The procedures submitted pursuant to this
section shall be updated and submitted to the Court on an annual basis.
``(b) No later than 180 days after the effective date of this Act,
the court established under section 103(a) shall assess the
Government's determination under section 105B(a)(1) that those
procedures are reasonably designed to ensure that acquisitions
conducted pursuant to section 105B do not constitute electronic
surveillance. The court's review shall be limited to whether the
Government's determination is clearly erroneous.
``(c) If the court concludes that the determination is not clearly
erroneous, it shall enter an order approving the continued use of such
procedures. If the court concludes that the determination is clearly
erroneous, it shall issue an order directing the Government to submit
new procedures within 30 days or cease any acquisitions under section
105B that are implicated by the court's order.
``(d) The Government may appeal any order issued under subsection
(c) to the court established under section 103(b). If such court
determines that the order was properly entered, the court shall
immediately provide for the record a written statement of each reason
for its decision, and, on petition of the United States for a writ of
certiorari, the record shall be transmitted under seal to the Supreme
Court of the United States, which shall have jurisdiction to review
such decision. Any acquisitions affected by the order issued under
subsection (c) of this section may continue during the pendency of any
appeal, the period during which a petition for writ of certiorari may
be pending, and any review by the Supreme Court of the United
States.''.
SEC. 4. REPORTING TO CONGRESS.
On a semi-annual basis the Attorney General shall inform the Select
Committee on Intelligence of the Senate, the Permanent Select Committee
on Intelligence of the House of Representatives, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of the
House of Representatives, concerning acquisitions under this section
during the previous 6-month period. Each report made under this section
shall include--
(1) a description of any incidents of non-compliance with a
directive issued by the Attorney General and the Director of
National Intelligence under section 105B, to include--
(A) incidents of non-compliance by an element of the
Intelligence Community with guidelines or procedures
established for determining that the acquisition of foreign
intelligence authorized by the Attorney General and Director of
National Intelligence concerns persons reasonably to be outside
the United States; and
(B) incidents of noncompliance by a specified person to
whom the Attorney General and Director of National Intelligence
issue a directive under this section; and
(2) the number of certifications and directives issued during
the reporting period.
SEC. 5. TECHNICAL AMENDMENT AND CONFORMING AMENDMENTS.
(a) In General.--Section 103(e) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(e)) is amended--
(1) in paragraph (1), by striking ``501(f)(1)'' and inserting
``105B(h) or 501(f)(1)''; and
(2) in paragraph (2), by striking ``501(f)(1)'' and inserting
``105B(h) or 501(f)(1)''.
(b) Table of Contents.--The table of contents in the first section
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended by inserting after the item relating to section 105
the following:
``105A. Clarification of electronic surveillance of persons outside the
United States.
``105B. Additional procedure for authorizing certain acquisitions
concerning persons located outside the United States.
``105C. Submission to court review of procedures.''.
SEC. 6. EFFECTIVE DATE; TRANSITION PROCEDURES.
(a) Effective Date.--Except as otherwise provided, the amendments
made by this Act shall take effect immediately after the date of the
enactment of this Act.
(b) Transition Procedures.--Notwithstanding any other provision of
this Act, any order in effect on the date of enactment of this Act
issued pursuant to the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) shall remain in effect until the date of
expiration of such order, and, at the request of the applicant, the
court established under section 103(a) of such Act (50 U.S.C. 1803(a))
shall reauthorize such order as long as the facts and circumstances
continue to justify issuance of such order under the provisions of the
Foreign Intelligence Surveillance Act of 1978, as in effect on the day
before the applicable effective date of this Act. The Government also
may file new applications, and the court established under section
103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)) shall enter orders granting such applications pursuant to such
Act, as long as the application meets the requirements set forth under
the provisions of such Act as in effect on the day before the effective
date of this Act. At the request of the applicant, the court
established under section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)), shall extinguish any
extant authorization to conduct electronic surveillance or physical
search entered pursuant to such Act. Any surveillance conducted
pursuant to an order entered under this subsection shall be subject to
the provisions of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), as in effect on the day before the effective date
of this Act.
(c) Sunset.--Except as provided in subsection (d), sections 2, 3,
4, and 5 of this Act, and the amendments made by this Act, shall cease
to have effect 180 days after the date of the enactment of this Act.
(d) Authorizations in Effect.--Authorizations for the acquisition
of foreign intelligence information pursuant to the amendments made by
this Act, and directives issued pursuant to such authorizations, shall
remain in effect until their expiration. Such acquisitions shall be
governed by the applicable provisions of such amendments and shall not
be deemed to constitute electronic surveillance as that term is defined
in section 101(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801(f)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Protect America Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to state that nothing under its definition of "electronic surveillance" shall be construed to encompass surveillance directed at a person reasonably believed to be located outside the United States.
Allows the Director of National Intelligence (DNI) and the Attorney General (AG), for periods up to one year, to authorize the acquisition of foreign intelligence information concerning persons outside the United States if the DNI and AG determine that: (1) there are reasonable procedures in place for determining that such acquisition concerns persons outside the United States, and such procedures will be subject to review by the Foreign Intelligence Surveillance Court (Court); (2) the acquisition does not constitute electronic surveillance; (3) the acquisition involves obtaining foreign intelligence information from or with the assistance of a communication service provider or other person who has access to communications; (4) a significant purpose of the acquisition is to obtain foreign intelligence information; and (5) the minimization procedures (procedures to ensure the smallest level of privacy intrusion while obtaining such information) to be used meet the definition of minimization procedures under FISA. Requires such determination to be certified and submitted to the Court.
Requires the AG to report to: (1) the Court the procedures by which the government determines that such acquisitions do not constitute electronic surveillance; and (2) the congressional intelligence and judiciary committees semiannually concerning acquisitions made during the previous six-month period.
Terminates this Act 180 days after its enactment. Makes authorizations for the acquisition of information made by this Act, and directives issued pursuant to such authorizations, effective until their expiration. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tar Creek Restoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Tar Creek Superfund Site (the ``Site'') is a former
lead and zinc mining area located in the northeastern portion
of Ottawa County, Oklahoma.
(2) The Site includes the Oklahoma portion of the Tri-State
Mining District of Oklahoma, Kansas, and Missouri.
(3) The Site is located in one of the most flood-prone
parts of Oklahoma.
(4) Mining began at the Site in the early 1900s and
continued until the 1970s.
(5) Due to water in the ore-producing Boone Aquifer, mining
companies were forced to pump large volumes of water from the
extensive underground mine workings when the mines were in
operation.
(6) Much of the mining at the Site was on Indian land
controlled by the Bureau of Indian Affairs.
(7) During World War I, mining at the Site accounted for
more than 45 percent of the Nation's wartime consumption of
lead and zinc.
(8) Mining at the Site created millions of tons of waste
tailings, or chat.
(9) In 1923, the Department of the Interior recommended
that chat be stockpiled aboveground at the Site so as to enable
later reprocessing.
(10) During World War II, the Department of the Interior
reiterated its recommendation that chat be stockpiled
aboveground at the Site.
(11) In 1960, Congress enacted the Small Producers Lead and
Zinc Mining Stabilization Act, which attempted to encourage
lead and zinc production at the Site.
(12) As mining abated in the early 1970s, the vast
underground mine workings at the Site began to refill with
water from the Boone Aquifer.
(13) As water filled the mines, the native sulfide
minerals, which had been oxidized by exposure to air, dissolved
and created acid mine water.
(14) In 1979, acid mine water began discharging at the
surface from several locations at the Site.
(15) In 1983, the Site was placed on the National
Priorities List.
(16) In 1984, the Environmental Protection Agency began
work to remediate the acid mine water at the Site.
(17) In 1994, after spending millions of dollars at the
Site, the Environmental Protection Agency concluded that it was
essentially impossible to remediate the acid mine water.
(18) There are at least 1,300 mine shafts at the Site, many
of which remain open.
(19) There are at least 100,000 boreholes at the Site.
(20) The open mine shafts at the Site are a source of
recharge to the underground mine workings.
(21) Millions of tons of chat scar the surface area of the
Site.
(22) The stockpiled chat at the Site is laced with heavy
metals, including lead, that are toxic to humans.
(23) The stockpiled chat contributes to the flood problems
at the Site and surrounding communities.
(24) The stockpiled chat stores water that recharges the
underground mine workings.
(25) The stockpiled chat at the Site has been used to
construct roads at the Site, as well as backfill for yards, in
driveways, in foundations of homes, and other high-access
areas.
(26) The use of chat in construction has left the
residential areas of the Site contaminated with heavy metals,
including lead.
(27) In 1994, the Environmental Protection Agency began
work to remediate residential yards that contained unsafe lead
concentration levels.
(28) Scientific studies prove that a large number of
children at the Site have elevated blood lead levels.
(29) Elevated blood lead levels in children have been
proven to cause learning disabilities and other severe health
problems.
(30) Scientific studies suggest that dust from the
stockpiled chat presents a danger to human health.
(31) Because mining left underground cavities at the Site,
there have been repeated cave-ins, or subsidences, at the Site,
with many greater than 100 feet in diameter. Subsidences have
occurred in populated areas and near schools.
(32) No work has been undertaken by any agency of the
United States Government to remediate the stockpiled chat or
subsidence dangers at the Site.
(33) There have been no comprehensive epidemiological
studies of the Site.
(34) Because of its many unique environmental problems, the
Site can never be made safe for human habitation.
SEC. 3. ASSISTANCE.
(a) In General.--The Administrator of the Environmental Protection
Agency shall provide assistance under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4621 et
seq.) to residents within the 17 square mile area identified in
Governor Keating's Tar Creek Superfund Task Force Final Report of
October 2000, including the communities of Picher and Cardin on the Tar
Creek Superfund site in Oklahoma. The Environmental Protection Agency
shall be considered the displacing agency for purposes of the
application of that Act.
(b) Continuing Responsibility.--Nothing in this Act shall be
construed to relieve the Administrator of the Environmental Protection
Agency or any other Federal agency of any responsibility under law with
respect to the cleanup of the Tar Creek Superfund site.
(c) Comprehensive Resolution.--The Administrator of the
Environmental Protection Agency shall work with other appropriate
Federal and State officials to seek a comprehensive resolution to the
environmental and health problems related to the Tar Creek Superfund
site. | Tar Creek Restoration Act - Directs the Administrator of the Environmental Protection Agency (EPA) to provide relocation assistance to specified communities, including Picher and Cardin, on the Tar Creek Superfund site, Oklahoma. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Rate Disclosure Act
of 2012''.
SEC. 2. PUBLIC INTERNET AVAILABILITY OF MEDICARE PAYMENT RATES FOR
FREQUENTLY REIMBURSED PROCEDURES AND SERVICES.
Title XVIII of the Social Security Act is amended by adding at the
end the following new section:
``SEC. 1899B. PUBLIC INTERNET AVAILABILITY OF MEDICARE PAYMENT RATES
FOR FREQUENTLY REIMBURSED PROCEDURES AND SERVICES.
``(a) In General.--
``(1) Initial posting.--During the initial period beginning
on a date not later than 120 days after the date of the
enactment of this section and ending on the date that is 240
days after such starting date, the Secretary shall make
publicly available on the official Medicare Internet site the
following:
``(A) Payment rates for hospital inpatient
procedures.--For each procedure selected under
subsection (b)(1)(A)(i) and for each Metropolitan
Statistical Area or other payment area used for
purposes of section 1886(d), the average rate of
payment under such section for the procedure,
determined without regard to the application of any
deduction or coinsurance amount or any adjustment under
subparagraph (B), (D), (F), or (G) of paragraph (5) of
such section.
``(B) Payment rates for hospital outpatient
procedures.--For each procedure selected under
subsection (b)(1)(A)(ii) and for each county or other
payment area used for purposes of section 1833(t), the
average rate of payment under such section for the
procedure, determined without regard to the application
of any deductible or coinsurance.
``(C) Physician payment rates for physicians'
services.--For each physicians' service selected under
subsection (b)(1)(A)(iii) and for each fee schedule
area under section 1848, the average payment amount
determined under the fee schedule under such section
for the service, determined without regard to the
application of any deductible or coinsurance.
``(D) Period for which payment rates are
applicable.--A description of the period for which each
payment rate or amount under subparagraph (A), (B), or
(C) is applicable.
``(E) Services included in procedures.--A
description of the items and services included in each
procedure selected under clauses (i) and (ii) of
subsection (b)(1)(A).
``(F) Notice.--A statement that the average payment
rates and average payment amounts described in
subparagraphs (A) through (C) are only applicable to
the Medicare program under this title and may not be
available for an individual who is not purchasing such
a procedure or service under such program.
``(2) Posting of expanded selection.--During the period
beginning on the date that is one day after the last day of the
initial period described in paragraph (1), the Secretary shall
make publicly available on the official Medicare Internet site
the following:
``(A) Payment rates for hospital inpatient
procedures.--For each procedure selected under
subsection (b)(1)(B)(i) and for each Metropolitan
Statistical Area or other payment area used for
purposes of section 1886(d), the average rate of
payment described in paragraph (1)(A) for the
procedure.
``(B) Payment rates for hospital outpatient
procedures.--For each procedure selected under
subsection (b)(1)(B)(ii) and for each county or other
payment area used for purposes of section 1833(t), the
average rate of payment described in paragraph (1)(B)
for the procedure.
``(C) Physician payment rates for physicians'
services.--For each physicians' service selected under
subsection (b)(1)(B)(iii) and for each fee schedule
area under section 1848, the average payment amount
described in paragraph (1)(C) for the physicians'
service.
``(D) Period for which payment rates are
applicable.--A description of the period for which each
payment rate or amount under subparagraph (A), (B), or
(C) is applicable.
``(E) Services included in procedures.--A
description of the items and services included in each
procedure selected under clauses (i) and (ii) of
subsection (b)(1)(B).
``(F) Notice.--A statement that the average payment
rates and average payment amounts described in
subparagraphs (A) through (C) are only applicable to
the Medicare program under this title and may not be
available for an individual who is not purchasing such
a procedure or service under such program.
``(b) Selection of Procedures and Services.--
``(1) In general.--
``(A) Initial selection.--For purposes of
subsection (a)(1) and based on the most recent national
data available, the Secretary shall select the
following:
``(i) At least the 30 hospital inpatient
procedures for which payment is most frequently
provided under section 1886(d).
``(ii) At least the 30 hospital outpatient
procedures for which payment is most frequently
provided under section 1833(t).
``(iii) At least the 30 physicians'
services (as defined in section 1861(q)) for
which payment is most frequently provided under
section 1848.
``(B) Expanded selection.--For purposes of
subsection (a)(2) and based on the most recent national
data available, the Secretary shall select the
following:
``(i) At least the 100 hospital inpatient
procedures for which payment is most frequently
provided under section 1886(d).
``(ii) At least the 100 hospital outpatient
procedures for which payment is most frequently
provided under section 1833(t).
``(iii) At least the 100 physicians'
services (as defined in section 1861(q)) for
which payment is most frequently provided under
section 1848.
``(2) Updating expanded selection.--The Secretary shall
periodically update the procedures and services selected under
paragraph (1)(B).
``(3) Further expansion of selection.--The Secretary shall
expand the number of procedures and services selected under
paragraph (1)(B) to include as many procedures and services as
may be useful for an individual not entitled to benefits under
part A or enrolled under part B in the purchase of such
procedures and services.
``(c) Authority To Post Additional Information.--The Secretary may
make publicly available on the official Medicare website such
information on the payment rate or payment amount under this title for
a procedure, item, or service not selected under subsection (b) as may
be useful for an individual not entitled to benefits under part A or
enrolled under part B in the purchase of the procedure, item, or
service. To the extent practicable, such information shall be provided
for each payment area involved.
``(d) Administrative Provisions.--
``(1) Use of most recent national data.--The information
described in paragraph (1) of subsection (b) and subsection (c)
shall be based on the most recent national data available.
``(2) Accessibility by zip code.--Such information for an
applicable payment area shall be accessible by any zip code
included in such area.''. | Medicare Payment Rate Disclosure Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make publicly available on the official Medicare Internet site during a specified initial period: (1) Medicare payment rates for frequently reimbursed hospital inpatient and outpatient procedures and services, as well as for physicians' services; and (2) the period for which payment rates are applicable. Requires posting also after the initial period of an expanded selection of such items.
Directs the Secretary to select at least 30 procedures and services for the basic posting and at least 100 procedures and services for the expanded posting. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband for First Responders Act
of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The communications capabilities of first responders and
other public safety agencies directly affect the public safety
of the people of the United States and our national security.
(2) As events such as the terrorist attacks of September
11, 2001, and Hurricane Katrina revealed, the inability of
local, State, tribal, and Federal first responders to
communicate effectively during an emergency impairs operations
and the ability to mitigate terrorist acts and natural
disasters.
(3) Many public safety communications systems rely on
commercially available systems that lack broadband capabilities
or otherwise fail to provide the level of service necessary to
meet the mission-critical needs of public safety agencies.
(4) A wireless public safety broadband network is needed to
guarantee priority access for public safety use and first
responder interoperability across the United States.
(5) Allocating the paired electromagnetic spectrum bands of
758-763 megahertz and 788-793 megahertz, referred to as the D
Block, to public safety agencies is the only assured way of
meeting public safety's needs for sufficient spectrum and would
help reduce the complexity and future operating cost of public
safety communications systems.
(6) Because the communications needs of public safety
agencies may differ by geographic region (including whether
they require a dedicated communications system or can rely on a
system shared with commercial users), each region requires
flexibility to develop a model that meets its needs without
sacrificing the interoperability of the system as a whole.
(7) The most timely and cost-effective way to achieve
nationwide interoperability in public safety communications
will be to leverage commercial infrastructure without
compromising the mission-critical needs of public safety
agencies.
(8) The use by public safety agencies of standardized
technologies commonly employed in the commercial
telecommunications sector will provide significant benefits,
including improved capabilities, greater economies of scale,
and more rapid adoption of technological innovations.
(9) When it is in the interest of public safety, the
Federal Communications Commission should encourage any public
safety licensee or spectrum lessee to consider using existing
or planned commercial infrastructure.
SEC. 3. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES.
(a) Spectrum Allocation.--Section 337(a) of the Communications Act
of 1934 (47 U.S.C. 337(a)) is amended--
(1) in paragraph (1), by striking ``24'' and inserting
``34''; and
(2) in paragraph (2), by striking ``36'' and inserting
``26''.
(b) Assignment.--Section 337(b) of such Act (47 U.S.C. 337(b)) is
amended to read as follows:
``(b) Assignment.--
``(1) In general.--Not later than 60 days after the date of
enactment of the Broadband for First Responders Act of 2010,
the Commission shall allocate the paired electromagnetic
spectrum bands of 758-763 megahertz and 788-793 megahertz for
public safety broadband communications and shall assign such
paired bands to public safety.
``(2) Establishment of rules.--
``(A) In general.--The Commission shall establish
rules to permit a public safety broadband licensee to
authorize providers of public safety services to
construct and operate a wireless public safety
broadband network in the spectrum licensed to the
public safety broadband licensee if the public safety
broadband licensee determines that such authorization
would expedite the deployment of public safety
broadband communications.
``(B) Network requirements.--The Commission shall
require that any such wireless public safety broadband
network shall--
``(i) be fully interoperable and remain
interoperable with, and in conformance with the
same broadband technology standards as, all
other public safety broadband systems deployed
or authorized;
``(ii) provide for roaming by local, State,
tribal, and Federal Government and other
authorized users of the spectrum licensed to
the public safety broadband licensee;
``(iii) provide priority access to public
safety agencies;
``(iv) be built to survive most large-scale
disasters; and
``(v) ensure that networks of such systems
have the appropriate level of cyber security.
``(C) Deadline.--The Commission shall establish
rules under this paragraph not later than 180 days
after the date of enactment of the Broadband for First
Responders Act of 2010.''.
(c) Network-Sharing Agreements.--Section 337 of such Act (47 U.S.C.
337) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Rulemaking Required.--The Commission shall establish
regulations to--
``(1) authorize the shared use of the public safety
broadband spectrum and network infrastructure by entities that
are not defined as public safety services in subsection (g)(1),
subject to requirements that public safety services retain
priority access to the spectrum, pursuant to procedures adopted
by the Commission; and
``(2) allow use of the public safety broadband spectrum by
emergency response providers, as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101).''.
(d) Definition.--Section 337(g) of such Act (as so redesignated) is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Public safety broadband spectrum.--The term `public
safety broadband spectrum' means the electromagnetic spectrum
between 758 megahertz and 768 megahertz, inclusive, and 788
megahertz and 798 megahertz, inclusive and any additional
electromagnetic frequencies allocated for public safety use
that the Commission shall designate for public safety broadband
use.''.
SEC. 4. STANDARDS.
(a) Interoperability Requirements.--Not later than 180 days after
the date of enactment of this Act, the Federal Communications
Commission, in consultation with the Director of the National Institute
of Standards and Technology, the Secretary of Homeland Security, the
Attorney General, and local, State, tribal, and Federal public safety
agencies, shall develop a public safety agency statement of
requirements that enables nationwide interoperability and roaming
across any communications system using public safety broadband
spectrum, as defined in section 337(g) of the Communications Act of
1934.
(b) Specifications.--Such requirements shall establish an
appropriate standard, or set of standards, to ensure nationwide
interoperability and roaming, taking into consideration--
(1) the extent to which particular technologies and user
equipment are, or are likely to be, available in the commercial
marketplace;
(2) the availability of necessary technologies and
equipment on reasonable and non-discriminatory licensing terms;
(3) the ability to evolve with technological developments
in the commercial marketplace;
(4) the ability to accommodate prioritization for public
safety transmissions;
(5) the ability to accommodate appropriate security
measures for public safety transmissions; and
(6) any other considerations the Federal Communications
Commission deems appropriate. | Broadband for First Responders Act of 2010 - Amends the Communications Act of 1934 to increase the electromagnetic spectrum allocation for public safety services by 10 megahertz and reduce such allocation for commercial use by the same amount.
Directs the Federal Communications Commission (FCC) to: (1) allocate the paired electromagnetic spectrum bands of 758-763 megahertz and 788-793 megahertz (referred to as D Block) for public safety broadband communications and assign such paired bands to public safety; (2) establish rules to permit a public safety broadband licensee to authorize public safety service providers to construct and operate a wireless public safety broadband network in the licensee's spectrum if such authorization would expedite public safety broadband communications; (3) require that any wireless public safety broadband network be fully interoperable, provide for user roaming, be disaster survivable, and have the appropriate level of cyber security; (4) establish regulations to authorize the shared use of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services; (5) establish regulations to allow use of the public safety broadband spectrum by emergency response providers; and (6) develop a public safety agency statement of requirements that enables nationwide interoperability and roaming across any communications system using public safety broadband spectrum. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sales Tax Equitability Act of
2003''.
SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES FOR RESIDENTS
OF STATES WITH NO INCOME TAX.
(a) In General.--Subsection (b) of section 164 of the Internal
Revenue Code of 1986 (relating to definitions and special rules) is
amended by adding at the end the following:
``(5) General sales taxes.--For purposes of this section--
``(A) Deduction of state and local sales taxes by
residents of states imposing no income tax.--In the
case of an individual who is a resident for more than
half of the taxable year of a State which imposes no
income tax on income earned within such State by
residents of such State and who elects the application
of this paragraph, subsection (a) shall be applied--
``(i) without regard to the reference to
State and local income taxes,
``(ii) as if State and local general sales
taxes were referred to in a paragraph thereof,
and
``(iii) without regard to the last
sentence.
``(B) Definition of general sales tax.--The term
`general sales tax' means a tax imposed at one rate
with respect to the sale at retail of a broad range of
classes of items.
``(C) Special rules for food, etc.--In the case of
items of food, clothing, medical supplies, and motor
vehicles--
``(i) the fact that the tax does not apply
with respect to some or all of such items shall
not be taken into account in determining
whether the tax applies with respect to a broad
range of classes of items, and
``(ii) the fact that the rate of tax
applicable with respect to some or all of such
items is lower than the general rate of tax
shall not be taken into account in determining
whether the tax is imposed at one rate.
``(D) Items taxed at different rates.--Except in
the case of a lower rate of tax applicable with respect
to an item described in subparagraph (C), no deduction
shall be allowed under this paragraph for any general
sales tax imposed with respect to an item at a rate
other than the general rate of tax.
``(E) Compensating use taxes.--A compensating use
tax with respect to an item shall be treated as a
general sales tax. For purposes of the preceding
sentence, the term `compensating use tax' means, with
respect to any item, a tax which--
``(i) is imposed on the use, storage, or
consumption of such item, and
``(ii) is complementary to a general sales
tax, but only if a deduction is allowable under
this paragraph with respect to items sold at
retail in the taxing jurisdiction which are
similar to such item.
``(F) Special rule for motor vehicles.--In the case
of motor vehicles, if the rate of tax exceeds the
general rate, such excess shall be disregarded and the
general rate shall be treated as the rate of tax.
``(G) Separately stated general sales taxes.--If
the amount of any general sales tax is separately
stated, then, to the extent that the amount so stated
is paid by the consumer (other than in connection with
the consumer's trade or business) to the seller, such
amount shall be treated as a tax imposed on, and paid
by, such consumer.
``(H) Amount of deduction to be determined under
tables.--
``(i) In general.--The amount of the
deduction allowed under this paragraph shall be
determined under tables prescribed by the
Secretary.
``(ii) Requirements for tables.--The tables
prescribed under clause (i)--
``(I) shall reflect the provisions
of this paragraph,
``(II) shall be based on the
average consumption by taxpayers on a
State-by-State basis, as determined by
the Secretary, taking into account
filing status, number of dependents,
adjusted gross income, and rates of
State and local general sales taxation,
and
``(III) need only be determined
with respect to adjusted gross incomes
up to the applicable amount (as
determined under section 68(b)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act. | Sales Tax Equitability Act of 2003 - Amends the Internal Revenue Code to permit the deduction of State and local sales taxes by residents of States which do not impose income taxes. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Programs Payment Limitation
Integrity Act''.
SEC. 2. ISSUANCE OF REGULATIONS TO ESTABLISH MEASURABLE STANDARDS TO
PREVENT USE OF SEPARATE ENTITIES TO EXCEED PAYMENT
LIMITATIONS APPLICABLE TO COMMODITY PAYMENTS AND TO LIMIT
PAYMENTS TO ACTIVE FARMERS.
(a) Standards Regarding Active Personal Management and Evasion
Schemes and Devices.--The Secretary of Agriculture (in this section
referred to as the ``Secretary'') shall promulgate regulations to
establish measurable standards of--
(1) what constitutes a significant contribution of active
personal management with respect to a farm operation for
purposes of applying the payment limitations specified in
section 1001 of the Food Security of 1985 (7 U.S.C. 1308); and
(2) what constitutes a scheme or device to effectively
evade such payment limits or to evade section 1001A or 1001C of
such Act (7 U.S.C. 1308-1, 1308-3).
(b) Enforcement of Multiple Entity Limitations.--The Secretary
shall promulgate regulations to ensure that total payments and gains
described in section 1001 of the Food Security of 1985 made to or
through joint operations or multiple entities under the primary control
of a person, in combination with the payments and gains received
directly by the person, do not exceed twice the applicable dollar
amounts specified in subsections (b), (c), and (d) of such section.
(c) Attribution of Payments and Gains Derived From Certain Farming
Operations.--In the case of a person that in the aggregate owns,
conducts farming operations, or provides custom farming services on
land with respect to which the aggregate commodity payments exceed the
applicable dollar amounts specified in subsections (b), (c), and (d) of
section 1001 of the Food Security of 1985, the Secretary shall
promulgate regulations to ensure that all payments and gains made on
crops produced on the land are attributed as follows:
(1) To a person that rents land as lessee or lessor through
a crop share lease and receives a share of the payments that is
less than the usual and customary share of the crop received by
the lessee or lessor, as determined by the Secretary.
(2) To a person that provides custom farming services
through arrangements under which--
(A) all or part of the compensation for the
services is at risk;
(B) farm management services are provided by--
(i) the same person;
(ii) an immediate family member; or
(iii) an entity or individual that has a
business relationship that is not an arm's
length relationship, as determined by the
Secretary; or
(C) more than 2/3 of the farming operations are
conducted as custom farming services provided by--
(i) the same person;
(ii) an immediate family member; or
(iii) an entity or individual that has a
business relationship that is not an arm's
length relationship, as determined by the
Secretary.
(3) To a person under such other arrangements as the
Secretary determines are established to transfer payments from
persons that would otherwise exceed the applicable dollar
amounts specified in subsections (b), (c), and (d) of such
section.
(4) To the direct recipient of the commodity payments as
well as to the person to whom the payments are attributed under
paragraph (1), (2), or (3).
(d) Primary Control.--In the regulations required by this section,
the Secretary shall define ``primary control'' to include a joint
operation or multiple entity in which a person owns an interest that is
equal to or greater than the interest of any other one or more persons
that materially participate on a regular, substantial, and continuous
basis in the management of the operation or entity.
(e) Material Participation.--In the regulations required by this
section, the Secretary shall ensure that the standards for active
personal management require no less involvement than the standard for
materially participating on a regular, substantial, and continuous
basis in the management of the operation or entity as defined by
Treasury regulation section 1.469-5T(a)(1), as in effect on the date of
the enactment of this Act.
(f) Time for Issuance; Procedure.--The regulations required by this
section shall be issued in final form not later than 270 days after the
date of the enactment of this Act. To ensure compliance with this
deadline, the Secretary shall issue the regulations without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the Paperwork Reduction Act).
(g) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 3. PREVENTION OF SCHEMES OR DEVICES TO EVADE PAYMENT LIMITATIONS.
Section 1001B of the Food Security Act of 1985 (7 U.S.C. 1308-2) is
amended--
(1) by striking ``If'' and inserting ``(a) Basic Penalty
for Evasion of Payment Limitations.--Subject to subsection (b),
if''; and
(2) by adding at the end the following new subsection:
``(b) Effect of Fraud.--If the Secretary determines that a person
has committed fraud in connection with the adoption of a scheme or
device to evade, or that has the purpose of evading, section 1001,
1001A, or 1001C, the person shall be ineligible to receive farm program
payments (as described in subsections (b), (c), and (d) of section 1001
as being subject to limitation) applicable to the crop year for which
the scheme or device was adopted and the succeeding five crop years.''. | Farm Programs Payment Limitation Integrity Act - Directs the Secretary of Agriculture to promulgate regulations to establish measurable standards to prevent the use of separate entities to exceed commodity payment limitations and to provide payments only to active farmers.
Amends the Food Security Act of 1985 to provide that if the Secretary determines that a person has committed fraud in connection with the adoption of a scheme or device to evade payment limitations such person shall be ineligible for farm program payments in the crop year for which the scheme or device was adopted and the succeeding five crop years. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Healthy Food for Young
Children Act''.
SEC. 2. CHILD AND ADULT FOOD CARE PROGRAM.
(a) In General.--Section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``the same as''
and inserting ``10 cents more than'';
(B) in paragraph (2), by striking ``the same as''
and inserting ``10 cents more than'';
(C) in paragraph (3)--
(i) by striking ``30 cents'' and inserting
``94 cents''; and
(ii) by striking ``2.75 cents'' and
inserting ``17 cents''; and
(D) by adding at the end the following:
``(7) Streamlining program paperwork in high poverty
areas.--
``(A) Definitions.--In this paragraph:
``(i) Eligible child care center.--The term
`eligible child care center' means a child care
center with at least 50 percent or more of
children in care qualifying for free or reduced
price meals or categorical eligibility.
``(ii) Nonpricing program.--The term
`nonpricing program' means a program under
which an eligible child center serves to all
children in care at the center meals and
supplements under this section without charge.
``(B) Election of special payments.--
``(i) In general.--An eligible child care
center may elect to receive special payments
under this paragraph in lieu of payments
otherwise made available under this section
based on applications for free and reduced
price meals and supplements if--
``(I) subject to clause (ii),
during the 4 consecutive fiscal years
beginning after the date of the
election, the eligible child care
center elects to operate as a
nonpricing program;
``(II) the eligible child care
center pays, from sources other than
funds made available to carry out the
program under this section, the costs
of serving the meals and supplements
that are in excess of the value of
assistance received under this Act; and
``(III) during the fiscal year in
which the election under this clause is
made, the eligible child care center
had a percentage of enrolled children
that meets or exceeds the threshold
described in subparagraph (A)(i).
``(ii) Election to stop receiving
payments.--An eligible child care center may
elect to stop receiving special payments under
this paragraph for the following fiscal year by
notifying the State agency not later than June
30 of the current fiscal year of the intention
to stop receiving the special payments.
``(C) First year of option.--
``(i) In general.--For each month of the
first fiscal year of the 4-year period during
which an eligible child care center elects to
receive special payments under this paragraph,
special payments at the rate for free meals
shall be made under this subparagraph for all
reimbursable meals served at the eligible child
care center.
``(ii) Calculation.--Special payments under
clause (i) shall be calculated using a blended
per-meal rate based on a formula that
multiplies national average payment rates by
claiming percentages for free, reduced price,
and paid meals.
``(D) Second, third, and fourth years of option.--
``(i) In general.--For each month of the
second, third, and fourth fiscal years of the
4-year period during which an eligible child
care center elects to receive special payments
under this paragraph, special payments at the
blended rate established in the first year of
the option under subparagraph (C) shall be made
under this subparagraph for all reimbursable
meals served at the eligible child care center.
``(ii) Calculation.--Special payments under
clause (i) shall be equal to the product
obtained by multiplying--
``(I) the applicable blended per-
meal rate; by
``(II) the number of meals and
snacks served.'';
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by striking ``(2)(A) Subject to
subparagraph (B) of this paragraph'' and
inserting the following:
``(2) Disbursements.--
``(A) In general.--Subject to subparagraph (B)'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Limitation.--No reimbursement may be made to
any institution under this paragraph, or to family or
group day care home sponsoring organizations under
paragraph (3), for more than--
``(i) 2 meals and 1 supplement per day per
child;
``(ii) 1 meal and 2 supplements per day per
child; or
``(iii) 3 meals and 1 supplement per day
per child, for each child that is maintained in
a child care setting for 8 or more hours per
day.''; and
(iii) in subparagraph (C), by adding at the
end the following:
``(iii) Carryover funds.--The Secretary
shall develop procedures under which not more
than 10 percent of the amount reserved by
sponsoring organizations under clause (i) for
administrative expenses for a fiscal year may
remain available for obligation or expenditure
in the succeeding fiscal year.''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii)--
(aa) in subclause (I), by
striking ``50 percent'' each
place it appears in items (aa)
and (bb) and inserting ``40
percent''; and
(bb) in subclause (III)--
(AA) by striking
``Except as provided in
subclause (IV),'' and
inserting the
following:
``(aa) In general.--Except
as provided in item (bb) and
subclause (IV),''; and
(BB) by adding at
the end the following:
``(bb) Additional
reimbursement.--Effective July
1, 2016, the reimbursement
factor for each meal and
supplement under this
subparagraph shall be increased
by 10 cents per child
served.''; and
(II) in clause (iii)(I)(aa), by
striking ``the reimbursement factors
shall be'' and all that follows through
``supplements'' and inserting ``the
reimbursement factors shall be $1.05
for meals other than breakfast, 37
cents for breakfasts, and 23 cents for
supplements''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by redesignating
subclauses (I) and (II) as
items (aa) and (bb),
respectively, and indenting
appropriately;
(bb) by striking ``(i) In
general.--In addition'' and
inserting the following:
``(i) Reimbursement amount.--
``(I) In general.--Subject to
subclause (II), in addition''; and
(cc) by adding at the end
the following:
``(II) Additional reimbursement.--
Effective July 1, 2016, the
reimbursement factor for administrative
expenses as calculated under subclause
(I) shall be increased by $5.00 per
month for each family or group day care
home of the sponsoring organization.'';
and
(II) in clause (ii), by inserting
before the period at the end ``, except
that no negative adjustments shall be
made''; and
(3) in subsection (n)--
(A) by striking ``(n) There are hereby'' and
inserting the following:
``(n) Funding.--
``(1) In general.--There are''; and
(B) by adding at the end the following:
``(2) Implementation funding.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary shall make funds available to State
agencies administering the child and adult food care
program for State and sponsoring organization
activities relating to training, technical assistance,
and oversight activities for the implementation of the
revised child and adult care food program meal pattern
pursuant to subsection (g)(2)(B) and activities to
increase participation in the child and adult care food
program.
``(B) Provision of funds.--The Secretary shall
provide funds described in subparagraph (A) to State
agencies administering the program under this section
in a manner proportional to the administrative expense
allocation of each State agency during the preceding
fiscal year.
``(C) Distribution.--Subject to subparagraphs (A)
and (B), each State agency administering the program
under this section shall distribute not less than \1/2\
of the funds received under this paragraph to
sponsoring organizations in the State.
``(D) Funding.--
``(i) In general.--For each of the fiscal
year during which the implementing regulations
for the revised child and adult care food
program meal pattern pursuant to subsection
(g)(2)(B) become final regulations, and the
subsequent fiscal year, the Secretary shall use
$50,000,000 of funds made available under
section 3 to make payments to States as
described in subparagraph (A).
``(ii) Reservation.--In providing funds to
States under clause (i), the Secretary may
reserve not more than $3,000,000 per fiscal
year to support Federal administrative
activities to carry out this paragraph.
``(3) Revised meal pattern funding.--
``(A) In general.--On October 1, 2015, and October
1, 2016, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Secretary $10,000,000, to remain
available until expended--
``(i) to provide training, technical
assistance, and oversight for the
implementation of the revised child and adult
care food program meal pattern pursuant to
subsection (g)(2)(B);
``(ii) to promote health and wellness
through activities conducted pursuant to
subsection (u); and
``(iii) to increase participation in the
program under this section.''.
(b) Study on Nutrition and Wellness Quality of Child Care
Settings.--Section 223(c)(1) of the Healthy, Hunger-Free Kids Act of
2010 (Public Law 111-296; 124 Stat. 3229) is amended by inserting ``and
October 1, 2016,'' after ``2010,''.
(c) Reducing Paperwork and Improving Program Administration.--
(1) Definition of program.--In this subsection, the term
``program'' means the child and adult care food program
established under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766).
(2) Establishment.--The Secretary, in conjunction with
States and participating institutions, shall continue to
examine the feasibility of reducing unnecessary or duplicative
paperwork resulting from regulations and recordkeeping
requirements for State agencies, institutions, family and group
day care homes, and sponsored centers participating in the
program.
(3) Duties.--At a minimum, the examination shall include--
(A) review and evaluation of the recommendations,
guidance, and regulatory priorities developed and
issued to comply with section 336 of the Healthy,
Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note;
Public Law 111-296);
(B) examination of additional paperwork and
administrative requirements that have been established
since January 1, 2016; and
(C) examination of the additional paperwork and
administrative burdens that could be reduced by the
effective use of technology.
(4) Additional duties.--The Secretary, in conjunction with
States and institutions participating in the program, may also
examine any aspect of administration of the program.
(5) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that describes the actions that have been taken to carry
out this section, including--
(A) actions taken to address administrative and
paperwork burdens identified;
(B) additional steps that the Secretary is taking
or plans to take to address any administrative and
paperwork burdens identified under paragraph (3),
including--
(i) new or updated regulations, policy,
guidance, or technical assistance; and
(ii) a timeframe for the completion of
those steps; and
(C) recommendations to Congress for modifications
to existing statutory authorities needed to address
identified administrative and paperwork burdens. | Access to Healthy Food for Young Children Act This bill amends the Richard B. Russell National School Lunch Act to modify the food program for child and adult care institutions and family or group day care homes. The bill increases the payment rate for program meals relative to the national average payment rate for meals served in schools. However, an eligible child care center operating a free-of-charge program in a high-poverty area may elect to instead receive special payments calculated using a blended per-meal rate. Additionally, the bill: (1) increases the reimbursement factor for meals and supplements served by a family or group day care home; (2) raises the per-child limit on the number of meals and supplements for which such a home may receive reimbursement; and (3) reduces the percentage of area children who must come from low-income households in order for a day care home in that area to be excused from specified documentation requirements. With respect to administrative expenses, the bill increases the reimbursement factor for each day care home and prohibits negative adjustments to reimbursement levels. The Department of Agriculture (USDA) must develop procedures under which up a specified percentage of funds reserved by the sponsoring organization of a day care home for administrative expenses may remain available in the succeeding fiscal year. USDA must also: (1) provide state agencies with funding to implement the revised food program, as specified by the bill; and (2) complete a study on reducing paperwork and improving program administration. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Currency Reform for Fair Trade
Act''.
SEC. 2. CLARIFICATION REGARDING DEFINITION OF COUNTERVAILABLE SUBSIDY.
(a) Benefit Conferred.--Section 771(5)(E) of the Tariff Act of 1930
(19 U.S.C. 1677(5)(E)) is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (iv) the following new
clause:
``(v) in the case in which the currency of
a country in which the subject merchandise is
produced is exchanged for foreign currency
obtained from export transactions, and the
currency of such country is a fundamentally
undervalued currency, as defined in paragraph
(37), the difference between the amount of the
currency of such country provided and the
amount of the currency of such country that
would have been provided if the real effective
exchange rate of the currency of such country
were not undervalued, as determined pursuant to
paragraph (38).''.
(b) Export Subsidy.--Section 771(5A)(B) of the Tariff Act of 1930
(19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following
new sentence: ``In the case of a subsidy relating to a fundamentally
undervalued currency, the fact that the subsidy may also be provided in
circumstances not involving export shall not, for that reason alone,
mean that the subsidy cannot be considered contingent upon export
performance.''.
(c) Definition of Fundamentally Undervalued Currency.--Section 771
of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the
end the following new paragraph:
``(37) Fundamentally undervalued currency.--The
administering authority shall determine that the currency of a
country in which the subject merchandise is produced is a
`fundamentally undervalued currency' if--
``(A) the government of the country (including any
public entity within the territory of the country)
engages in protracted, large-scale intervention in one
or more foreign exchange markets during part or all of
the 18-month period that represents the most recent 18
months for which the information required under
paragraph (38) is reasonably available, but that does
not include any period of time later than the final
month in the period of investigation or the period of
review, as applicable;
``(B) the real effective exchange rate of the
currency is undervalued by at least 5 percent, on
average and as calculated under paragraph (38),
relative to the equilibrium real effective exchange
rate for the country's currency during the 18-month
period;
``(C) during the 18-month period, the country has
experienced significant and persistent global current
account surpluses; and
``(D) during the 18-month period, the foreign asset
reserves held by the government of the country exceed--
``(i) the amount necessary to repay all
debt obligations of the government falling due
within the coming 12 months;
``(ii) 20 percent of the country's money
supply, using standard measures of M2; and
``(iii) the value of the country's imports
during the previous 4 months.''.
(d) Definition of Real Effective Exchange Rate Undervaluation.--
Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677), as amended by
subsection (c) of this section, is further amended by adding at the end
the following new paragraph:
``(38) Real effective exchange rate undervaluation.--The
calculation of real effective exchange rate undervaluation, for
purposes of paragraph (5)(E)(v) and paragraph (37), shall--
``(A)(i) rely upon, and where appropriate be the
simple average of, the results yielded from application
of the approaches described in the guidelines of the
International Monetary Fund's Consultative Group on
Exchange Rate Issues; or
``(ii) if the guidelines of the International
Monetary Fund's Consultative Group on Exchange Rate
Issues are not available, be based on generally
accepted economic and econometric techniques and
methodologies to measure the level of undervaluation;
``(B) rely upon data that are publicly available,
reliable, and compiled and maintained by the
International Monetary Fund or, if the International
Monetary Fund cannot provide the data, by other
international organizations or by national governments;
and
``(C) use inflation-adjusted, trade-weighted
exchange rates.''.
SEC. 3. REPORT ON IMPLEMENTATION OF ACT.
(a) In General.--Not later than 9 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the implementation of the
amendments made by this Act.
(b) Matters To Be Included.--The report required by subsection (a)
shall include a description of the extent to which United States
industries that have been materially injured by reason of imports of
subject merchandise produced in foreign countries with fundamentally
undervalued currencies have received relief under title VII of the
Tariff Act of 1930 (19 U.S.C. 1671 et seq.), as amended by this Act.
SEC. 4. APPLICATION TO GOODS FROM CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act of 1993 (19 U.S.C. 3438), the amendments made by
section 2 of this Act shall apply to goods from Canada and Mexico. | Currency Reform for Fair Trade Act Amends the Tariff Act of 1930 to include as a "countervailable subsidy" requiring action under a countervailing duty or antidumping duty proceeding the benefit conferred on merchandise imported into the United States from foreign countries with fundamentally undervalued currency. Defines "benefit conferred," in cases where the currency of a foreign country is exchanged for foreign currency (i.e., U.S. dollars) obtained from export transactions, as the difference between: (1) the amount of currency provided by a foreign country in which the subject merchandise is produced, and (2) the amount of currency such country would have provided if the real effective exchange rate of its currency were not fundamentally undervalued. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Requires the administering authority to determine that the currency of a foreign country is fundamentally undervalued if for an 18-month period: (1) the government of the country engages in protracted, large-scale intervention in one or more foreign exchange markets; (2) the country's real effective exchange rate is undervalued by at least 5%; (3) the country has experienced significant and persistent global current account surpluses; and (4) the country's government has foreign asset reserves exceeding the amount necessary to repay all its debt obligations falling due within the coming 12 months, 20% percent of the country's money supply, and the value of the country's imports during the previous 4 months. Requires the use, for calculating a country's "real effective exchange rate undervaluation," of certain guidelines of the Consultative Group on Exchange Rate Issues of the International Monetary Fund or, if those guidelines are not available, generally accepted economic and econometric techniques and methodologies. Requires the use, also, of inflation-adjusted, trade-weighted exchange rates. Applies the amendments made by this Act to goods from Canada and Mexico. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mathematics and Science Proficiency
Partnership Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Mathematics and science education is a vital link to
connect today's students with the information age and to the
workplace of tomorrow.
(2) American students consistently place below their
international peers when it comes to demonstrating their skills
in mathematics and science.
(3) Proficiency in mathematics, science, and information
technology is necessary to prepare American students for
participation in the 21st Century and to guarantee that the
United States economy remains vibrant and competitive.
(4) Students in urban and rural America share a common need
to receive a quality education, but often their schools lack
the needed resources to lift these students into the
information age.
(5) The schools and businesses serving these communities
are strategically positioned to form a unique partnership with
urban and rural students that will increase their mathematics,
science, and information technology proficiency for the benefit
of the Nation.
SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.
(a) General Authority.--
(1) In general.--
(A) Grant program.--The Director shall, subject to
appropriations, carry out a demonstration project under
which the Director awards grants in accordance with
this Act to 5 eligible local educational agencies in
urban areas and 5 eligible local educational agencies
in rural areas.
(B) Uses of funds.--A local educational agency that
receives a grant under this Act may use such grant
funds to develop an information technology program that
builds or expands mathematics, science, and information
technology curricula, to purchase equipment necessary
to establish such program, and to provide teacher
training in such fields.
(2) Program requirements.--The program described in
paragraph (1) shall--
(A) train teachers specifically in information
technology, mathematics, and science; and
(B) provide students with specialized training in
mathematics, science, and information technology.
(b) Eligible Local Educational Agency.--For purposes of this Act, a
local educational agency is eligible to receive a grant under this Act
if the agency--
(1) is located in one of the localities which has received
an award from the National Science Foundation under the Urban
Systemic Initiative or the Rural Systemic Initiative program;
(2) provides assurances that it has executed conditional
agreements with representatives of the private sector to
provide services and funds described in subsection (c); and
(3) agrees to enter into an agreement with the Director to
comply with the requirements of this Act.
(c) Private Sector Participation.--The conditional agreement
referred to in subsection (b)(2) shall describe participation by the
private sector, including--
(1) the donation of computer hardware and software;
(2) the establishment of internship and mentoring
opportunities for students who participate in the information
technology program; and
(3) the donation of scholarship funds for eligible students
who have participated in the information technology program.
(d) Application.--
(1) In general.--Each eligible local educational agency
desiring a grant under this section shall submit an application
to the Director in accordance with guidelines established by the
Director pursuant to paragraph (2).
(2) Guidelines.--
(A) Requirements.--The guidelines referred to in
paragraph (1) shall require, at a minimum, that the
application include--
(i) a description of proposed activities
consistent with the uses of funds and program
requirements under subsection (a)(1)(B) and
(a)(2);
(ii) a description of the scholarship
program, including criteria for selection,
duration of scholarship, number of scholarships
to be awarded each year, and funding levels for
scholarships; and
(iii) evidence of private sector
participation and financial support to
establish an internship, mentoring, and
scholarship program.
(B) Guideline publication.--The Director shall
issue and publish such guidelines not later than 6
months after the date of the enactment of this Act.
(3) Selection.--The Director shall select a local
educational agency to receive an award under this Act in
accordance with subsection (e) and on the basis of merit to be
determined after conducting a comprehensive review.
(e) Priority.--The Director shall give special priority in awarding
grants under this Act to eligible local educational agencies that
demonstrate the greatest ability to obtain commitments from
representatives of the private sector to provide services and funds
described under subsection (c).
SEC. 4. ASSESSMENT AND REPORTING.
(a) Assessment.--The Director shall assess the effectiveness of
activities carried out under this Act. Such assessment shall be
included as part of the assessment and reporting process used for the
Urban and Rural Systemic Initiatives programs.
(b) Study.--The Director shall initiate a longitudinal study of
eligible students selected for scholarships pursuant to this Act and
shall report such findings to Congress not later than 4 years after the
award of the first scholarship. Such report shall include the number of
students graduating from an institution of higher education with a
major in mathematics, science, or information technology and the number
of students who find employment in such fields.
SEC. 5. DEFINITIONS.
Except as otherwise provided, for purposes of this Act--
(1) the term ``Director'' means the Director of the
National Science Foundation;
(2) the term ``eligible student'' means a student enrolled
in the 12th grade who--
(A) would be a first-generation college student;
(B) has participated in an information technology
program established pursuant to this Act;
(C) has demonstrated a commitment to pursue a
career in information technology, mathematics, science,
or engineering; and
(D) has attained high academic standing and
maintains a grade point average of not less than 3.0 on
a 4.0 scale for the last 2 years of secondary school
(11th and 12th grades); and
(3) the term ``local educational agency'' has the same
meaning given such term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801);
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
National Science Foundation to carry out this Act, $3,000,000.
(b) Maximum Grant Award.--An award made to an eligible local
educational agency under this Act may not exceed $300,000. | Mathematics and Science Proficiency Partnership Act of 1999 - Requires the Director of the National Science Foundation (NSF), subject to appropriations, to carry out a demonstration project under which grants are awarded to five eligible local educational agencies (LEAs) in urban areas and five eligible LEAs in rural areas, for: (1) developing information technology programs that build or expand mathematics, science, and information technology curricula; (2) purchasing equipment necessary to establish such programs; and (3) providing teacher training in such fields.
Makes eligible for grants LEAs that: (1) are located in localities that have received an award from the NSF under the Urban Systemic Initiative or the Rural Systemic Initiative program; (2) provide assurances that they have executed conditional agreements with representatives of the private sector to provide services and scholarship funds; and (3) agree to enter into an agreement with the Director to comply with this Act.
Sets forth application requirements. Requires the Director to give special priority for grants to LEAs that demonstrate the greatest ability to obtain commitments from the private sector for services and funds.
Requires the Director to: (1) assess the effectiveness of activities under this Act; and (2) initiate a longitudinal study of students selected for scholarships and report findings to the Congress.
Authorizes appropriations. Limits the maximum grant awarded to an LEA. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam and the Northern Marianas
Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Issuance.--The Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall issue not more than 1,500,000
one dollar coins 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) Design.--The design of the coins authorized under subsection
(a) shall be emblematic of the heroism of the American forces that
liberated Guam and the Northern Mariana Islands in World War II. On
each such coin there shall be a designation of the value of the coin,
an inscription of the years ``1944-1994'', and inscriptions of the
words ``Mariana Islands'', ``Liberty'', ``In God We Trust'', ``United
States of America'', and ``E Pluribus Unum''.
(c) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--The coins issued under this Act shall be
considered numismatic items for purposes of section 5134 of title 31,
United States Code.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
title from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
The design for each coin authorized under this Act shall be
selected by the Secretary after consultation with the Delegate from
Guam to Congress and the Resident Representative of the Commonwealth of
the Northern Mariana Islands.
SEC. 5. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the face value, plus the cost of
designing and issuing such coins (including labor, materials, dies, use
of machinery, overhead expenses, marketing and shipping), and the
surcharge provided for in subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales at a
reasonable account.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins issued under this Act prior to the issuance of such coins.
Sales under this subsection shall be at a reasonable discount.
(d) Surcharge Required.--All sales of coins issued under this Act
shall include a surcharge of $10 per coin.
SEC. 6. USE OF SURCHARGES.
The surcharges received by the Secretary from the sale of the coins
issued under this Act shall be made available or paid to the Secretary
of the Interior for the following purposes:
(1) Amounts to be made available for the construction of a
visitors center and museum on guam.--The Secretary of the
Treasury shall make available to the Secretary of the Interior
all funds from such surcharges as may be necessary to construct
a visitors center and museum at the War in the Pacific National
Historical Park on Guam.
(2) Amounts to be made available for the construction of a
visitors center and museum on saipan.--The Secretary of the
Treasury shall make available to the Secretary of the Interior
all funds from such surcharges as may be necessary to construct
a visitors center and museum at the American Memorial Park on
Saipan.
SEC. 7. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The Secretary shall make every effort to
issue the coins under this Act by July 21, 1994. The coins shall be
made available for issue during the 1-year period beginning on the date
the coins are first issued.
(b) Proof and Uncirculated Coins.--The coins authorized under this
Act shall be issued in uncirculated and proof qualities.
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods or services required to carry out this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 9. FINANCIAL ASSURANCE.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins referred to in section 2 shall not result in any net cost to
the Federal Government.
(b) Payment for Coins.--No coin shall be issued under this Act
unless the Secretary has received--
(1) full payment for such coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Government. | Guam and the Northern Marianas Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the American forces that liberated Guam and the Northern Mariana Islands in World War II.
Requires payment of surcharges received from the coin sales to the Secretary of the Interior to construct a visitors center and museum at: (1) the War in the Pacific National Historical Park on Guam; and (2) the American Memorial Park on Saipan. | billsum_train |
Give a brief overview of the following text: SECTION 1. FINDINGS.
Congress finds the following:
(1) The South China Sea contains vital commercial shipping
lanes and points of access between the Indian Ocean and Pacific
Ocean, providing a maritime lifeline to India, Singapore,
Malaysia, Indonesia, the Philippines, Vietnam, Brunei, Taiwan,
Japan, and the Korean peninsula.
(2) China, Vietnam, the Philippines, Taiwan, Malaysia, and
Brunei have disputed territorial claims over the Spratly
Islands, and China, Taiwan, and Vietnam have disputed
territorial claims over the Paracel Islands.
(3) In 2009, the Government of the People's Republic of
China submitted to the United Nations a map with the 9-dotted
line (also known as the Cow Tongue line) which raised questions
about whether China officially claims most of the 1,423,000
square miles of the South China Sea, more than any other nation
involved in these territorial disputes.
(4) In November 2012, China began to include a map of its
territorial claims inside its passports, despite the protests
of its neighbors, including Vietnam and the Philippines.
(5) Although not a party to these disputes, the United
States has a national economic and security interest in
maintaining peace, stability, and prosperity in East Asia and
Southeast Asia, and ensuring that no party threatens or uses
force or coercion unilaterally to assert maritime territorial
claims in East Asia and Southeast Asia, including in the South
China Sea, the East China Sea, or the Yellow Sea.
(6) The Association of Southeast Asian Nations (ASEAN) has
promoted multilateral talks in disputed areas without settling
the issue of sovereignty.
(7) In 2002, ASEAN and China signed a Declaration on the
Conduct of Parties in the South China Sea.
(8) That declaration committed all parties to those
territorial disputes to ``reaffirm their respect for and
commitment to the freedom of navigation in and over flight
above the South China Sea as provided for by the universally
recognized principles of international law'', and to ``resolve
their territorial and jurisdictional disputes by peaceful
means, without resorting to the threat or use of force''.
(9) In July and November of 2010, the United States and our
Republic of Korea allies conducted joint naval exercises in the
Yellow Sea in international waters, as well as Republic of
Korea territorial waters, in the vicinity of the site of the
March 2010 North Korean attack on the South Korean military
vessel Cheonan, these exercises drew objections from Beijing
over foreign operations in the Yellow Sea.
(10) In September 2010, tensions were raised in the East
China Sea near the Senkaku (Diaoyutai) Islands, a territory
under the legal administration of Japan, when a Chinese fishing
vessel deliberately rammed Japanese Coast Guard patrol boats.
(11) On February 25, 2011, a frigate from China's navy
fired shots at 3 fishing boats from the Philippines.
(12) On March 2, 2011, the Government of the Philippines
reported that two patrol boats from China attempted to ram one
of its surveillance ships.
(13) On May 26, 2011, a maritime security vessel from China
cut the cables of an exploration ship from Vietnam, the Binh
Minh, in the South China Sea in waters near Cam Ranh Bay in the
exclusive economic zone of Vietnam.
(14) On May 31, 2011, three Chinese military vessels used
guns to threaten the crews of four Vietnamese fishing boats
while they were fishing in the waters of the Truong Sa
(Spratly) archipelago.
(15) On June 3, 2011, Vietnam's Foreign Ministry released a
statement that ``Vietnam is resolutely opposed to these acts by
China that seriously violated the sovereign and jurisdiction
rights of Viet Nam to its continental shelf and Exclusive
Economic Zone (EEZ)''.
(16) On June 9, 2011, three vessels from China, including
one fishing vessel and two maritime security vessels, ran into
and disabled the cables of another exploration ship from
Vietnam, the Viking 2, in the exclusive economic zone of
Vietnam.
(17) The actions of the Government of the People's Republic
of China in the South China Sea have also affected United
States military and maritime vessels and aircraft transiting
through international air space and waters, including the
collision of a Chinese fighter plane with a United States
surveillance plane in 2001, the harassment of the USNS
Victorious and the USNS Impeccable in March 2009, and the
collision of a Chinese submarine with the sonar cable of the
USS John McCain in June 2009.
(18) On July 23, 2010, former Secretary of State Hillary
Rodham Clinton stated at the ASEAN Regional Forum that the
United States, like every nation, has a national interest in
freedom of navigation, open access to Asia's maritime commons,
respect for international law, and unimpeded commerce in the
South China Sea.
(19) On June 23, 2011, the United States stated that it was
ready to provide hardware to modernize the military of the
Philippines.
(20) The United States and the Philippines conducted
combined naval exercises in the Sulu Sea, near the South China
Sea, from June 28 to July 8, 2011.
(21) On July 22, 2011, an Indian naval vessel, sailing
about 45 nautical miles off the coast of Vietnam, was warned by
a Chinese naval vessel that it was allegedly violating Chinese
territorial waters.
(22) In June 2012, China's cabinet, the State Council,
approved the establishment of the city of Sansha to oversee the
areas claimed by China in the South China Sea.
(23) In July 2012, Chinese military authorities announced
that they had established a corresponding Sansha garrison in
the new prefecture.
(24) On June 23, 2012, the China National Offshore Oil
Corporation invited bids for oil exploration in areas within
200 nautical miles of the continental shelf and within the
exclusive economic zone of Vietnam.
(25) Since July 2012, Chinese patrol ships have been
spotted near the disputed Senkaku (Diaoyutai) Islands in the
East China Sea.
(26) At the July 2012 ASEAN Regional Forum, former
Secretary of State Clinton said, ``We believe the nations of
the region should work collaboratively and diplomatically to
resolve disputes without coercion, without intimidation,
without threats, and without the use of force''.
(27) In November 2012, a regulation was approved by the
Hainan People's Congress authorizing Chinese maritime police to
``board, search'' and even ``take over'' ships determined to be
``illegally entering'' South China Sea waters unilaterally
claimed by Beijing.
(28) At a meeting with the Japanese Foreign Minister on
January 18, 2013, former Secretary of State Clinton stated that
``although the United States does not take a position on the
ultimate sovereignty of the (Senkaku) islands, we acknowledge
they are under the administration of Japan'', adding that ``We
oppose any unilateral actions that would seek to undermine
Japanese administration, and we urge all parties to take steps
to prevent incidents and manage disagreements through peaceful
means''.
(29) On August 3, 2012, a Department of State spokesperson
expressed concern over ``China's upgrading of the
administrative level of Sansha City and the establishment of a
new military garrison there'', expressed encouragement for
ASEAN and China ``to make meaningful progress toward finalizing
a comprehensive Code of Conduct'', and called upon claimants to
``explore every diplomatic or other peaceful avenue for
resolution, including the use of arbitration or other
international legal mechanisms as needed''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that, in light of the congressional
finding described above, the Secretary of State should--
(1) reaffirm the strong support of the United States for
the peaceful resolution of maritime territorial disputes in the
South China Sea, the Taiwan Strait, the East China Sea, and the
Yellow Sea and pledge continued efforts to facilitate a
collaborative, peaceful process to resolve these disputes;
(2) condemn the use of threats or force by naval, maritime
security, and fishing vessels from China in the South China Sea
and the East China Sea as well as the use of force by North
Korea in the Yellow Sea that would escalate tensions or result
in miscalculations;
(3) note that overt threats and gun boat diplomacy are not
constructive means for settling these outstanding maritime
disputes;
(4) welcome the diplomatic efforts of Association of
Southeast Asian Nations (ASEAN) and the United States allies
and partners in Japan, the Republic of Korea, Taiwan, the
Philippines, and India to amiably and fairly resolve these
outstanding disputes; and
(5) support the continuation of operations by the United
States Armed Forces in support of freedom of navigation rights
in international waters and air space in the South China Sea,
the East China Sea, the Taiwan Strait, and the Yellow Sea.
SEC. 3. REPORT ON THE CODE OF CONDUCT FOR THE SOUTH CHINA SEA.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the Code of
Conduct and other peaceful measures for resolution of the territorial
disputes in the South China Sea.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex if
necessary. | Expresses the sense of Congress that the Secretary of State should: (1) reaffirm U.S. support for the peaceful resolution of maritime territorial disputes in the South China Sea, the Taiwan Strait, the East China Sea, and the Yellow Sea; (2) condemn the use of threats or force by naval, maritime security, and fishing vessels from China in the South China Sea and the East China Sea as well as the use of force by North Korea in the Yellow Sea; (3) welcome the diplomatic efforts to resolve these disputes by the Association of Southeast Asian Nations (ASEAN) and the U.S. allies and partners in Japan, the Republic of Korea, Taiwan, the Philippines, and India; and (4) support U.S. Armed Forces operations in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea. Directs the Secretary to report to Congress regarding peaceful measures to resolve the territorial disputes in the South China Sea. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Congressional
Research Service Electronic Accessibility Act of 2009''.
(b) Findings.--Congress finds the following:
(1) The Congressional Research Service, a special reference
unit within the Library of Congress, offers invaluable research
and analysis to Members of Congress on all current and emerging
issues of national policy.
(2) The Congressional Research Service staff of
approximately 700 employees, including lawyers, economists,
reference librarians, and social, natural, and physical
scientists, are governed by requirements for accuracy,
objectivity, balance, and nonpartisanship.
(3) The Congressional Research Service has a responsibility
to ensure that Members of the House and Senate have available
the best possible information and analysis on which to base the
policy decisions the American people have elected them to make.
(4) It is often burdensome, difficult, and time-consuming
for citizens to obtain access to objective and nonpartisan
policy analysis on issues affecting their interests.
(5) It will enhance our democracy to provide citizens with
access to unbiased and accurate CRS documents on legislation
and other critical issues before Congress.
(6) Allowing public access to CRS will empower citizens and
enable Members of Congress to become even more effective
``representatives'' of the public's concerns and goals.
SEC. 2. AVAILABILITY OF CERTAIN CONGRESSIONAL RESEARCH SERVICE
INFORMATION.
(a) Establishment and Maintenance of Database of Information.--
(1) In general.--The Clerk of the House of Representatives
and the Secretary of Senate, working jointly and in
consultation with the Director of the Congressional Research
Service, shall establish and maintain a centralized,
searchable, electronic database consisting of--
(A) all of the information described in paragraph
(2) that is available to Members, officers, employees,
and offices of the House of Representatives or Senate
through the Congressional Research Service website; and
(B) an index of the information described in
subparagraph (A).
(2) Information described.--The information described in
this paragraph is as follows:
(A) Congressional Research Service Issue Briefs.
(B) Congressional Research Service Reports.
(C) Congressional Research Service Authorization of
Appropriations Products and Appropriations Products.
(b) Limitations.--
(1) Confidential information.--Subsection (a) does not
apply to--
(A) any information that is confidential, as
determined by--
(i) the Director, or
(ii) the head of a Federal department or
agency that provided the information to the
Congressional Research Service; or
(B) any document that is the product of a
confidential research request made by a Member,
officer, employee, or office of the House of
Representatives or Senate.
(2) Redaction and revision.--In carrying out this section,
the Clerk and the Secretary, on the basis of information
provided by the Director, may--
(A) remove from the information included in the
database the name and phone number of, and any other
information regarding, an employee of the Congressional
Research Service;
(B) remove from the information included in the
database any material for which the Director determines
that including the information on the database may
infringe the copyright of a work protected under title
17, United States Code; and
(C) make any changes in the information included in
the database that the Director determines necessary to
ensure that the information is accurate and current.
(c) Prior Approval Not Required.--Notwithstanding any provision of
law to the contrary, the Director may take such actions as may be
necessary to enable the Clerk and Secretary to establish and maintain
the database under this section, including providing the information
described in subsection (a)(2), without obtaining the prior approval of
the Committee on Rules and Administration of the Senate, the Committee
on House Administration of the House of Representatives, or the Joint
Committee on Printing.
SEC. 3. METHOD OF PUBLIC ACCESS.
(a) Access Through Websites of Members and Committees.--Each
official public website of a Member of the House of Representatives or
Senate, a committee of the House of Representatives or Senate, or a
joint committee of the Congress shall permit members of the public to
use the website to obtain the information contained in the database
established under section 2, in the same manner and to the same extent
as Members, officers, employees, and offices of the House of
Representatives and Senate may obtain such information through the
Congressional Research Service website.
(b) Regulations.--Subsection (a) shall be carried out--
(1) in the case of websites of Members and committees of
the House of Representatives, in accordance with regulations
promulgated by the Committee on House Administration of the
House of Representatives;
(2) in the case of websites of Members and committees of
the Senate, in accordance with regulations promulgated by the
Committee on Rules and Administration of the Senate; and
(3) in the case of any other website to which subsection
(a) applies, in accordance with regulations promulgated jointly
by the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate.
SEC. 4. NO RESPONSE TO PUBLIC INQUIRIES REQUIRED.
Nothing in this Act shall be construed to require the Director to
respond to any inquiry made by a member of the public with respect to
any of the information contained in the database established and
maintained under section 2 or made available the public on the Internet
pursuant to section 3.
SEC. 5. DEFINITIONS.
In this Act--
(1) the term ``Clerk'' means the Clerk of the House of
Representatives;
(2) the term ``Director'' means the Director of the
Congressional Research Service;
(3) the term ``Member of the House of Representatives''
includes a Delegate or Resident Commissioner to the Congress;
and
(4) the term ``Secretary'' means the Secretary of the
Senate. | Congressional Research Service Electronic Accessibility Act of 2009 - Directs the Clerk of the House of Representatives and the Secretary of the Senate, working jointly with the Director of the Congressional Research Service (CRS), to establish and maintain a centralized, searchable, electronic database consisting of: (1) CRS Issue Briefs, Reports, and Authorization of Appropriations Products and Appropriations Products; and (2) an index of such information. Exempts: (1) any information determined to be confidential by the CRS Director or the head of the agency that provided it to CRS; and (2) any document that is the product of a confidential research request made by a House or Senate Member, officer, employee, or office.
Authorizes the Clerk and the Secretary, on the basis of information provided by the Director, to: (1) remove from the database information about a CRS employee or material that may infringe the copyright of a protected work; and (2) make any changes that the Director determines are necessary to ensure that information in the database is accurate and current.
Requires each official public website of a Member or committee of Congress to permit public use to obtain the information contained in such database to the same extent congressional users may obtain such information through the CRS website.
Provides that this Act does not require the Director to respond to any public inquiry with respect to information in the database. | billsum_train |
Provide a condensed version of the following text: 66
which created National Statuary Hall from the Old Hall of the
U.S. House of Representatives and authorized the President of
the United States to invite States to submit two statues of
worthy citizens to be exhibited, which continues as a daily
inspiration to the thousands of visitors to the United States
Capitol.
(8) As chairman of the Committee on Buildings and Grounds,
Morrill served as principal advocate for the construction and
financing of the Thomas Jefferson Building of the Library of
Congress; for inviting Frederick Law Olmstead to design the
present landscape of the Capitol; for planning the location of
the United States Supreme Court Building; for raising funds to
complete the Washington Monument; and for championing the
Smithsonian Institution.
(9) In delivering his last speech as Senator just two weeks
before his death, Morrill noted that the location of the United
States Supreme Court in close proximity to the United States
Capitol and the Library of Congress ``would form a harmonious
group of large public structures on Capitol Hill of unequaled
grandeur, and will be appreciated by the American people
forever''.
(10) In his 1882 book ``Self-Consciousness of Noted
Persons'', Morrill concluded, ``The spur to acquire some future
reputation, to be earned by conscious fidelity, keeps the work
of men always at its best, the mechanic at the top of his
skill, the merchant ever mindful of the upright and downright
in trade; the pulpit and the bar it pushes on to effort and to
eloquence; it makes the soldier brave in battle, the politician
ashamed not be a patriot, and the statesman unwilling to give
up to party what was meant for mankind.''.
(11) After Morrill died on December 28, 1898, eulogies
extolled Morrill's leadership, integrity and good-will,
including the comments of Senator George Graham Vest of
Missouri who stated, ``If all those to whom he did acts of
kindness could whisper across his grave, it would make an
anthem sweeter and more sonorous than any that ever pealed
through cathedral aisle'' and those of Senator George Hoar of
Massachusetts who recalled that Justin Morrill, ``knew in his
youth the veterans of the Revolution and the generation who
declared independence and framed the Constitution . . . . He
knew the whole history of his country from the time of her
independence, partly from the lips of those who shaped it,
partly because of the large share he had in it himself.''.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Justin Smith Morrill in recognition of his lasting contributions to
higher education opportunity for all Americans.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike a gold medal
with--
(1) an inscription stating ``A Statesman who did not give
up to party what was intended for humankind''; and
(2) suitable emblems, devices, and inscriptions to be
determined by the Secretary.
(c) Smithsonian.--
(1) In general.--Following the award of the gold medal in
honor of Justin Smith Morrill under subsection (a), the gold
medal shall be given to the Smithsonian, where it shall be
available for display as appropriate and made available for
research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian should make the gold medal received under
paragraph (1) available for display or for loan as appropriate
so that it may be displayed elsewhere, particularly at other
appropriate locations associated with the life of Justin Smith
Morrill.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Justin Smith Morrill Congressional Gold Medal Act This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the posthumous presentation of a Congressional Gold Medal in commemoration of Justin Smith Morrill's lasting contributions to higher education opportunity for all Americans. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Life-Saving Service
Heritage Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The United States Life-Saving Service was organized by
the Congress by enactment of the Act entitled ``An Act to
organize the Life-Saving-Service'', approved June 18, 1878
(chapter 265; 20 Stat. 163 et seq.).
(2) These lifesaving stations were staffed by brave
volunteer and professional lifesavers, who risked life and limb
to rescue shipwrecked passengers and crews.
(3) Many surviving Life-Saving Service stations are of rare
architectural significance, yet these historic stations are
threatened by harsh coastal environments, rapid economic
development in the coastal zone, neglect, and lack of resources
for their preservation.
(4) The heroic actions of Life-Saving Service personnel
deserve greater recognition, and their contributions to
America's maritime history should be celebrated through a
comprehensive preservation program and greater opportunities
for the public's education about the heritage of the Life-
Saving Service.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to establish a program to inventory, evaluate,
document, and assist efforts to preserve surviving Life-Saving Service
stations.
SEC. 3. UNITED STATES LIFE-SAVING SERVICE STATION PRESERVATION PROGRAM.
(a) In General.--The Secretary of the Interior, through the
National Maritime Initiative of the National Park Service, shall
establish a program in accordance with this section to inventory,
evaluate, document, and assist efforts to preserve surviving United
States Life-Saving Service stations.
(b) Inventory, Documentation, and Evaluation.--The Secretary, in
cooperation with the U.S. Life-Saving Service Heritage Association,
shall--
(1) survey coastal regions of the United States to identify
and prepare an inventory of surviving historic lifesaving
stations;
(2) document the designs of significant existing structures
and lifesaving boats of historic lifesaving stations, for
inclusion in the Historic American Engineering Record
Collection; and
(3) evaluate historic lifesaving stations, including--
(A) assessing the historic significance, integrity,
and condition of surviving historic lifesaving
stations; and
(B) making recommendations for outstanding examples
of historic lifesaving stations that should be
designated as National Historic Landmarks.
(c) Technical Assistance, Educational Materials, Research Aids, and
Other Information.--The Secretary shall--
(1) serve as a clearinghouse of information for persons
interested in preserving historic lifesaving stations; and
(2) make available to the public, including through the
Internet, educational materials, research aids, guides,
bibliographies, and other information regarding the Life-Saving
Service and related organizations that provided humanitarian
assistance to shipwrecked mariners, including--
(A) information on the history and development of
the Life-Saving Service, predecessor private and State
lifesaving organizations, and Coast Guard lifesaving
stations;
(B) technical descriptions of lifesaving boats,
line-guns, life cars, and other lifesaving gear;
(C) the inventory, documentation, and evaluation
prepared under subsection (b); and
(D) guidance and technical assistance in the
listing of historic lifesaving stations in the National
Register of Historic Places.
(d) Grants.--
(1) In general.--The Secretary, subject to the availability
of appropriations, shall make grants to coordinate and assist
preservation of historic lifesaving stations.
(2) Cost share.--The Federal share of the cost of an
activity carried out with financial assistance under this
subsection shall not exceed 75 percent of the total cost of the
activity.
(e) Definitions.--In this section:
(1) Historic lifesaving station.--The term ``historic
lifesaving station'' means any land, structure, equipment, or
other physical artifact or facility formerly under the
jurisdiction or control of the Life-Saving Service, including
lifesaving stations, sailor's refuges, shipwreck survivors'
cache sites, and lifeboats.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the National Maritime
Initiative of the National Park Service.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
(1) for use in making grants under subsection (d),
$5,000,000 for each of fiscal years 2004 through 2008; and
(2) for carrying out the other provisions of this section
$500,000 for each of fiscal years 2004 through 2008. | United States Life-Saving Service Heritage Act - Directs the Secretary of the Interior, through the National Maritime Initiative of the National Park Service, to establish a program to inventory, evaluate, document, and assist efforts to preserve surviving U.S. Life-Saving Service stations.Requires the Secretary to: (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations; (2) make information regarding the Service and related organizations that provided humanitarian assistance to shipwrecked mariners available to the public; and (3) make grants to coordinate and assist such preservation. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Terrorism
Insurance Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Congressional findings.
Sec. 3. Submission of premium information to Secretary of Commerce.
Sec. 4. Individual company retention.
Sec. 5. Federal cost-sharing for commercial insurers.
Sec. 6. Terrorism loss repayment surcharge.
Sec. 7. Administration of surcharges.
Sec. 8. State preemption.
Sec. 9. Consistent State guidelines for coverage for acts of terrorism.
Sec. 10. Consultation with State insurance regulators and NAIC.
Sec. 11. Limitation on punitive damages.
Sec. 12. Definitions.
Sec. 13. Regulations.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the terrorist attacks on the World Trade Center and the
Pentagon of September 11, 2001, resulted in a large number of
deaths and injuries, the destruction and damage to buildings,
and interruption of business operations;
(2) the attacks have inflicted the largest losses for a
man-made event ever incurred by insurers and reinsurers;
(3) while the insurance and reinsurance industries have
committed to pay the losses arising from the September 11
attacks, the resulting disruption has created widespread market
uncertainties with regard to the risk of losses arising from
possible future terrorist attacks;
(4) such uncertainty threatens the continued availability
of United States commercial property casualty insurance for
terrorism risk at meaningful coverage levels;
(5) the unavailability of affordable commercial property
and casualty insurance for terrorist acts threatens the growth
and stability of the United States economy, by, among other
things, impeding the ability of financial services providers to
finance commercial property acquisitions and new construction;
(6) in the past, the private insurance markets have shown a
remarkable resiliency in adapting to changed circumstances,
and, given time, the private markets will diversify and develop
risk spreading mechanisms to increase capacity and guard
against possible future losses incurred by terrorist attacks;
(7) it is necessary in the short-term, however, to provide
Federal assistance and to create a temporary industry risk
sharing program to ensure the continued availability of
commercial property and casualty insurance and reinsurance for
terrorism-related risks;
(8) such action is necessary to limit immediate market
disruptions, encourage economic stabilization, and facilitate a
transition to a viable market for private terrorism risk
insurance; and
(9) Federal involvement in the provision of commercial
terrorism insurance should be short-term and should provide
appropriate incentives for insurance companies and the
commercial property insurance industry to continue providing
terrorism insurance while minimizing terrorism risk and
protecting American taxpayers.
SEC. 3. SUBMISSION OF PREMIUM INFORMATION TO THE SECRETARY.
To the extent such information is not otherwise available to the
Secretary, the Secretary may require each insurer to submit, to the
Secretary or to the NAIC, a statement specifying the aggregate premium
amount of coverage written by such insurer for properties and persons
in the United States under each line of commercial property and
casualty insurance sold by such insurer during such periods as the
Secretary may provide.
SEC. 4. INDIVIDUAL COMPANY RETENTION.
(a) In General.--For purposes of this Act, a ``triggering
determination'' is a determination by the Secretary that a commercial
insurer's annual insured losses for covered lines resulting from acts
of terrorism occurring in calendar year 2002 or 2003 exceed the greater
of--
(1) $10,000,000; or
(2) 5 percent of the commercial insurer's gross direct
written premiums on covered lines for the preceding calendar
year.
(b) Determinations Regarding Events.--For purposes of subsection
(a), the Secretary shall have the sole authority to determine whether--
(1) an act of terrorism occurred; and
(2) it occurred during calendar year 2002 or 2003.
SEC. 5. FEDERAL COST-SHARING FOR COMMERCIAL INSURERS.
(a) In General.--The Secretary shall provide financial assistance,
pursuant to a triggering determination, to commercial insurers in
accordance with this section to cover insured losses resulting from
acts of terrorism, which shall be repaid in accordance with subsection
(e).
(b) Amount.--Subject to subsection (c), with respect to a
triggering determination, the amount of financial assistance made
available under this section to each commercial insurer shall be equal
to 80 percent of the amount of the covered losses of the insurer as a
result of the acts of terrorism.
(c) Aggregate Limitation.--The aggregate amount of financial
assistance provided pursuant to this section may not exceed
$100,000,000,000.
(d) Limitations.--The Secretary may establish limitations to ensure
that payments under this section in connection with a triggering
determination are made only to commercial insurers that are not in
default of any obligation under section 6 to collect surcharges.
(e) Repayment.--Financial assistance made available under this
section shall be repaid through surcharges collected by commercial
insurers under section 6 and remitted to the Secretary. Any such
amounts collected or remitted shall be deposited into the general fund
of the Treasury. The aggregate amount of financial assistance repaid
pursuant to this subsection may not exceed--
(1) $50,000,000,000, plus market rate interest for
assistance provided for acts of terrorism occurring in calendar
year 2002; and
(2) $50,000,000,000 for acts of terrorism occurring in
calendar year 2003.
(f) Emergency Designation.--Congress designates the amount of new
budget authority and outlays in all fiscal years resulting from this
section as an emergency requirement pursuant to section 252(e) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(e)). Such amount shall be available only to the extent that a
request, that includes designation of such amount as an emergency
requirement as defined in such Act, is transmitted by the President to
Congress.
SEC. 6. TERRORISM LOSS REPAYMENT SURCHARGE.
(a) Imposition and Collection.--If, pursuant to a triggering
determination, the Secretary Provides Federal assistance to commercial
insurers under this Act, the Secretary shall--
(1) establish and impose a policyholder premium surcharge,
as provided under this section, on commercial insurers' covered
lines of insurance written after such determination, for the
purpose of repaying financial assistance made available under
section 5 in connection with such triggering determination; and
(2) provide for commercial insurers to collect such
surcharge and remit amounts collected to the Secretary.
(b) Amount and Duration.--The surcharge under this section shall be
established in such amount, and shall apply to covered lines of
insurance written during such period, as the Secretary determines is
necessary to recover the aggregate amount of financial assistance
provided under section 5 subject to the limitation in section 5(e).
(c) Limitation on Surcharge.--The surcharge applied to any
policyholder under this section--
(1) may not exceed 6 percent of the policyholder's annual
premium for covered lines of insurance; and
(2) shall be imposed with respect to all covered lines of
insurance written during the period referred to in subsection
(b).
SEC. 7. ADMINISTRATION OF ASSESSMENTS AND SURCHARGES.
(a) Manner and Method.--The Secretary shall provide for the manner
and method of imposing, collecting, and remitting surcharges under
section 6, including the timing and procedures of making such
surcharges, notifying commercial insurers of surcharge requirements,
collecting surcharges through commercial insurers, and refunding or
crediting of any excess amounts remitted.
(b) Effect of Surcharges on Urban and Smaller Commercial and Rural
Areas and Different Lines of Insurance.--In determining the method and
manner of imposing surcharges under section 6, and the amount thereof,
the Secretary shall take into consideration--
(1) the economic impact of any such surcharges on
commercial centers of urban areas, including the effect on
commercial rents and commercial insurance premiums,
particularly rents and premiums charged to small businesses,
and the availability of lease space and commercial insurance within
urban areas;
(2) the risk factors related to rural areas and smaller
commercial centers, including the potential exposure to loss
and the likely magnitude of such loss, as well as any resulting
cross-subsidization that might result; and
(3) the various exposures to terrorism risk for different
lines of commercial property and casualty insurance.
(c) Timing of Coverages and Assessments.--The Secretary may adjust
the timing of coverages and assessments provided under this Act to
provide for equivalent application of the provisions of this Act to
commercial insurers and policies that are not based on a calendar year.
(d) Application to Self-Insurance Arrangements.--The Secretary may,
in consultation with the NAIC, apply the provisions of this Act, as
appropriate, to self-insurance arrangements by municipalities and other
public entities, but only if such application is determined before the
occurrence of a triggering event and all of the provisions of this Act
are applied uniformly to such entities.
SEC. 8. STATE PREEMPTION.
(a) Covered Perils.--A commercial insurer shall be considered to
have complied with any State law that requires or regulates the
provision of insurance coverage for acts of terrorism if the insurer
provides coverage in accordance with the definitions regarding acts of
terrorism under the regulations issued by the Secretary.
(b) File and Use.--With respect only to covered lines of insurance
covering acts of terrorism, any provision of State law that requires,
as a condition precedent to the effectiveness of rates or policies for
such insurance that is made available by an insurer licensed to
transact such business in the State, any action (including prior
approval by the State insurance regulator for such State) other than
filing of such rates and policies and related information with such
State insurance regulator is preempted to the extent such law requires
such additional actions for such insurance coverage. This subsection
shall not be considered to preempt a provision of State law solely
because the law provides that rates and policies for such insurance
coverage are, upon such filing, subject to subsequent review and
action, which may include actions to disapprove or discontinue use of
such rates or policies, by the State insurance regulator.
SEC. 9. CONSISTENT STATE GUIDELINES FOR COVERAGE FOR ACTS OF TERRORISM.
(a) Sense of Congress Regarding Covered Perils.--It is the sense of
the Congress that--
(1) the NAIC, in consultation with the Secretary, should
develop appropriate definitions for acts of terrorism and
appropriate standards for making determinations regarding
events or occurrences of acts of terrorism;
(2) each State should adopt the definitions and standards
developed by the NAIC for purposes of regulating insurance
coverage made available in that State;
(3) in consulting with the NAIC, the Secretary should
advocate and promote the development of definitions and
standards that are appropriate for purposes of this Act; and
(4) after consultation with the NAIC, the Secretary should
adopt definitions for acts of terrorism and standards for
determinations that are appropriate for this Act.
(b) Guidelines Regarding Disclosure of Pricing and Terms of
Coverage.--
(1) Sense of congress.--It is the sense of the Congress
that the States should require, by laws or regulations
governing the provision of commercial property and casualty
insurance that includes coverage for acts of terrorism, that
the price of any such terrorism coverage, including the costs
of any terrorism related assessments or surcharges under this
Act, be separately disclosed.
(2) Adoption of national guidelines.--If the Secretary
determines that the States have not enacted laws or adopted
regulations adequately providing for the disclosures described
in paragraph (1) within a reasonable period of time after the
date of the enactment of this Act, the Secretary shall, after
consultation with the NAIC, adopt guidelines on a national
basis requiring such disclosure in a manner that supersedes any
State law regarding such disclosure.
SEC. 10. CONSULTATION WITH STATE INSURANCE REGULATORS AND NAIC.
The Secretary shall consult with the State insurance regulators and
the NAIC in carrying out this Act. The Secretary may take such actions,
including entering into such agreements and providing such technical
and organizational assistance to insurers and State insurance
regulators, as may be necessary to provide for the distribution of
financial assistance under section 5 and the collection and remitting
of surcharges under section 6.
SEC. 11. LIMITATION ON PUNITIVE DAMAGES.
(a) In General.--In any claim brought in any court for damages
arising from an act of terrorism, as determined by the Secretary, no
punitive damages may be awarded.
(b) Exception.--The preceding sentence does not apply to a
defendant who committed the act of terrorism or knowingly conspired to
commit that act.
SEC. 12. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Act of terrorism.--
(A) In general.--The term ``act of terrorism''
means any act that the Secretary determines meets the
requirements under subparagraph (B), as such
requirements are further defined and specified by the
Secretary in consultation with the NAIC.
(B) Requirements.--An act meets the requirements of
this subparagraph if the act--
(i) is unlawful;
(ii) causes harm to a person, property, or
entity, in the United States;
(iii) is committed by a group of persons or
associations who--
(I) are not a government of a
foreign country or the de facto
government of a foreign country; and
(II) are recognized by the
Department of State or the Secretary as
a terrorist group or have conspired
with such a group or the group's agents
or surrogates; and
(iv) has as its purpose to overthrow or
destabilize the government of any country or to
influence the policy or affect the conduct of
the government of the United States by
coercion.
(2) Covered line.--The term ``covered line'' means any one
or a combination of the following, written on a direct basis,
as reported by property and casualty insurers in required
financial reports on Statutory Page 14 of the NAIC Annual
Statement Blank:
(A) Fire.
(B) Allied lines.
(C) Commercial multiple peril.
(D) Ocean marine.
(E) Inland marine.
(F) Workers compensation.
(G) Products liability.
(H) Commercial auto no-fault (personal injury
protection), other commercial auto liability, or
commercial auto physical damage.
(I) Aircraft (all peril).
(J) Fidelity and surety.
(K) Burglary and theft.
(L) Boiler and machinery.
(3) Covered losses.--The term ``covered losses'' means
direct incurred losses from an act of terrorism for covered
lines in excess of the participating insurer's retention,
defense, and cost containment expenses.
(4) NAIC.--The term ``NAIC'' means the National Association
of Insurance Commissioners.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(7) State insurance regulator.--The term ``State insurance
regulator'' means, with respect to a State, the principal
insurance regulatory authority of the State.
SEC. 13. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
this Act. | Terrorism Insurance Act - Authorizes the Secretary of Commerce to require each commercial insurer to submit to the Secretary or the National Association of Insurance Commissioners (NAIC) a statement specifying the aggregate premium amount of coverage written for properties and persons in the United States under each line of commercial property and casualty insurance sold during specified periods.Directs the Secretary to provide financial assistance to commercial insurers to cover insured losses resulting from acts of terrorism, conditioned upon payment of a terrorism loss repayment surcharge collected by such insurers and remitted to the Secretary.Permits extension of this Act to self-insurance arrangements by municipalities and other public entities.Expresses the sense of Congress that: (1) NAIC, in consultation with the Secretary, should develop appropriate definitions for acts of terrorism and appropriate standards for making determinations regarding such acts; (2) each State should adopt those definitions and standards for purposes of regulating insurance coverage; and (3) after consultation with the NAIC, the Secretary should adopt definitions for acts of terrorism and standards for determinations appropriate for this Act.Expresses the sense of Congress that the States should require separate disclosure by insurance companies of the price of any terrorism coverage, including the costs of any terrorism related assessments or surcharges under this Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Routine HIV/AIDS
Screening Coverage Act of 2006''.
(b) Findings.--Congress finds the following:
(1) HIV/AIDS continues to infect and kill thousands of
Americans, 25 years after the first cases were reported.
(2) It has been estimated that at least 1.6 million
Americans have been infected by HIV/AIDS since the beginning of
the epidemic and over 500,000 of them have died.
(3) The HIV/AIDS epidemic has disproportionately impacted
African Americans and Hispanic Americans and its impact on
women is growing.
(4) It has been estimated that between 24 and 27 percent of
those infected with HIV/AIDS in the United States do not know
they are infected.
(5) Not all individuals who have been infected with HIV/
AIDS demonstrate clinical indications or fall into high risk
categories.
(6) The Centers for Disease Control and Prevention has
determined that increasing the proportion of people who know
their HIV/AIDS status is an essential component of
comprehensive HIV/AIDS treatment and prevention efforts and
that early diagnosis is critical in order for people with HIV/
AIDS to receive life-extending therapy.
(7) On September 21, 2006, the Centers for Disease Control
and Prevention released new guidelines that recommend routine
HIV/AIDS screening in health care settings for all patients
aged 13-64, regardless of risk.
(8) Standard health insurance plans generally cover HIV/
AIDS screening when there are clinical indications of infection
or when there are known risk factors present.
(9) Requiring health insurance plans to cover routine HIV/
AIDS screening could play a critical role in preventing the
spread of HIV/AIDS and allowing infected individuals to receive
effective treatment.
SEC. 2. COVERAGE FOR ROUTINE HIV/AIDS SCREENING UNDER GROUP HEALTH
PLANS, INDIVIDUAL HEALTH INSURANCE COVERAGE, AND FEHBP.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. COVERAGE FOR ROUTINE HIV/AIDS SCREENING.
``(a) Coverage.--A group health plan, and a health insurance issuer
offering group health insurance coverage, shall provide coverage for
routine HIV/AIDS screening under terms and conditions that are no less
favorable than the terms and conditions applicable to other routine
health screenings.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) deny coverage for routine HIV/AIDS screening on the
basis that there are no known risk factors present, or the
screening is not clinically indicated, medically necessary, or
pursuant to a referral, consent, or recommendation by any
health care provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section;
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section; or
``(6) deny to an individual participant or beneficiary
continued eligibility to enroll or to renew coverage under the
terms of the plan, solely because of the results of an HIV/AIDS
test or other HIV/AIDS screening procedure for the individual
or any other individual.
``(c) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to require an individual who is a participant or
beneficiary to undergo HIV/AIDS screening; or
``(2) as preventing a group health plan or issuer from
imposing deductibles, coinsurance, or other cost-sharing in
relation to HIV/AIDS screening, except that such deductibles,
coinsurance or other cost-sharing may not be greater than the
deductibles, coinsurance, or other cost-sharing imposed on
other routine health screenings.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Preemption.--Nothing in this section shall be construed to
preempt any State law in effect on the date of enactment of this
section with respect to health insurance coverage that requires
coverage of at least the coverage of HIV/AIDS screening otherwise
required under this section.''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. COVERAGE FOR ROUTINE HIV/AIDS SCREENING.
``(a) Coverage.--A group health plan, and a health insurance issuer
offering group health insurance coverage, shall provide coverage for
routine HIV/AIDS screening under terms and conditions that are no less
favorable than the terms and conditions applicable to other routine
health screenings.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) deny coverage for routine HIV/AIDS screening on the
basis that there are no known risk factors present, or the
screening is not clinically indicated, medically necessary, or
pursuant to a referral, consent, or recommendation by any
health care provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section;
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section; or
``(6) deny to an individual participant or beneficiary
continued eligibility to enroll or to renew coverage under the
terms of the plan, solely because of the results of an HIV/AIDS
test or other HIV/AIDS screening procedure for the individual
or any other individual.
``(c) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to require an individual who is a participant or
beneficiary to undergo HIV/AIDS screening; or
``(2) as preventing a group health plan or issuer from
imposing deductibles, coinsurance, or other cost-sharing in
relation to HIV/AIDS screening, except that such deductibles,
coinsurance or other cost-sharing may not be greater than the
deductibles, coinsurance, or other cost-sharing imposed on
other routine health screenings.
``(d) Notice Under Group Health Plan.--A group health plan, and a
health insurance issuer providing health insurance coverage in
connection with a group health plan, shall provide notice to each
participant and beneficiary under such plan regarding the coverage
required by this section in accordance with regulations promulgated by
the Secretary. Such notice shall be in writing and prominently
positioned in any literature or correspondence made available or
distributed by the plan or issuer and shall be transmitted--
``(1) in the next mailing made by the plan or issuer to the
participant or beneficiary;
``(2) as part of any yearly informational packet sent to
the participant or beneficiary; or
``(3) not later than January 1, 2007;
whichever is earliest.
``(e) Preemption, Relation to State Laws.--
``(1) In general.--Nothing in this section shall be
construed to preempt any State law in effect on the date of
enactment of this section with respect to health insurance
coverage that requires coverage of at least the coverage of
HIV/AIDS screening otherwise required under this section.
``(2) ERISA.--Nothing in this section shall be construed to
affect or modify the provisions of section 514 with respect to
group health plans.''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Coverage for routine HIV/AIDS screening.''.
(3) Internal revenue code amendments.--(A) Subchapter B of
chapter 100 of the Internal Revenue Code of 1986 is amended by
inserting after section 9812 the following:
``SEC. 9813. COVERAGE FOR ROUTINE HIV/AIDS SCREENING.
``(a) Coverage.--A group health plan shall provide coverage for
routine HIV/AIDS screening under terms and conditions that are no less
favorable than the terms and conditions applicable to other routine
health screenings.
``(b) Prohibitions.--A group health plan shall not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) deny coverage for routine HIV/AIDS screening on the
basis that there are no known risk factors present, or the
screening is not clinically indicated, medically necessary, or
pursuant to a referral, consent, or recommendation by any
health care provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section;
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section; or
``(6) deny to an individual participant or beneficiary
continued eligibility to enroll or to renew coverage under the
terms of the plan, solely because of the results of an HIV/AIDS
test or other HIV/AIDS screening procedure for the individual
or any other individual.
``(c) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to require an individual who is a participant or
beneficiary to undergo HIV/AIDS screening; or
``(2) as preventing a group health plan or issuer from
imposing deductibles, coinsurance, or other cost-sharing in
relation to HIV/AIDS screening, except that such deductibles,
coinsurance or other cost-sharing may not be greater than the
deductibles, coinsurance, or other cost-sharing imposed on
other routine health screenings.''.
(B) The table of sections of such subchapter is amended by
inserting after the item relating to section 9812 the following
new item:
``Sec. 9813. Coverage for routine HIV/AIDS screening.''.
(C) Section 4980D(d)(1) of such Code is amended by striking
``section 9811'' and inserting ``sections 9811 and 9813''.
(b) Application to Individual Health Insurance Coverage.--(1) Part
B of title XXVII of the Public Health Service Act is amended by
inserting after section 2752 the following new section:
``SEC. 2753. COVERAGE FOR ROUTINE HIV/AIDS SCREENING.
``(a) In General.--The provisions of section 2707 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Application Under Federal Employees Health Benefits Program
(FEHBP).--Section 8902 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(p) A contract may not be made or a plan approved which does not
comply with the requirements of section 2707 of the Public Health
Service Act.''.
(d) Effective Dates.--(1) The amendments made by subsections (a)
and (c) apply with respect to group health plans and health benefit
plans for plan years beginning on or after January 1, 2007.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after January 1, 2007.
(e) Coordination of Administration.--The Secretary of Labor, the
Secretary of Health and Human Services, and the Secretary of the
Treasury shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this section (and the amendments made thereby) are
administered so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Routine HIV/AIDS Screening Coverage Act of 2006 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require a group health plan or a health insurance issuer offering group health insurance coverage to provide coverage for routine HIV/AIDS screening under terms and conditions no less favorable than for other routine screenings. Prohibits such a plan or issuer from: (1) denying eligibility or continued eligibility to enroll or renew solely to avoid these requirements; (2) denying coverage for such screening because there are no known risk factors present or because the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; (3) providing monetary payments, rebates, or other benefits to encourage individuals to accept less than the minimum protections available under this Act; (4) penalizing or otherwise reducing or limiting the reimbursement of a provider because such provider provided care to a participant or beneficiary in accordance with this Act; (5) providing incentives to induce the provision of care in a manner inconsistent with this Act; or (6) denying a participant or beneficiary continued eligibility to enroll or renew solely because of the results of an HIV/AIDS test or screening procedure.
Applies such requirements to health insurance coverage offered in the individual market and coverage offered under the Federal Employees Health Benefits (FEHB) Program. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwest Cross-border Violence
Recognition Act of 2011''.
SEC. 2. REDUCTION IN CROSS-BORDER VIOLENCE.
(a) Creation of New Reporting Requirements for a Comprehensive
Evaluation of Cross-Border Violence.--In seeking to increase security
and reduce cross-border violence along the United States border, the
Secretary of Homeland Security shall, not later than 180 days after the
date of the enactment of this Act, 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
metrics, described in subsection (c), to be used to gauge the incidents
or occurrences of cross-border violence and how the resulting findings
shall be quantified for periodic reporting in accordance with
subsection (b).
(b) Periodic Reports.--Not later than 90 days after the submission
of the report required under subsection (a) and every 90 days
thereafter, the Secretary of Homeland Security 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 incidents or occurrences of cross-border violence during
the immediately preceding 90-day period, incorporating the metrics
referred to in such subsection, and including information and crime
statistics from Federal, State, local, and tribal sources.
(c) Metrics Described.--The metrics referred to in subsection (a)
shall include such sources of information as--
(1) border sheriff and State law enforcement reports on
crime, vandalism, theft, burglary, apprehensions, accidents,
and capital crimes;
(2) reports from local hospitals in border States regarding
the number of individuals (whether citizens, lawful permanent
residents, or foreign nationals) treated for wounds obtained
during acts of cross-border violence;
(3) impact to property values and businesses along the
border as a result of factors such as acts of vandalism, theft,
burglary, destruction of property, and intimidation;
(4) accounts of cross-border violence along the border
reported by U.S. Immigrations and Customs Enforcement, U.S.
Customs and Border Protection, including the Border Patrol, and
other Federal departments and agencies determined appropriate
by the Secretary of Homeland Security.
(d) Definitions.--In this section:
(1) Cross-border violence.--The term ``cross-border
violence'' means--
(A) any act of violence--
(i) carried out by a foreign national, a
citizen or lawful permanent resident of the
United States, entity (whether foreign or
domestic), or organization (whether foreign or
domestic) (including a drug trafficking or
human trafficking organization) acting in the
interest of or on behalf of a foreign national,
foreign organization, or foreign entity that
occurs in the United States not further than
100 miles from the United States border; or
(ii) that benefits any foreign national,
citizen or lawful permanent resident of the
United States, or entity or organization
referred to in clause (i) profiting from
unlawful activity across the United States
border with a nexus to foreign organized crime,
Foreign Drug Trafficking Organizations (DTO),
or Trans-national Criminal Organization (TCO)
(as such organizations are described in the
September 2009 Department of Homeland Security
Border Task Force recommendations report); or
(B) any act of violence committed by a foreign
national, entity (whether foreign or domestic),
organization (whether foreign or domestic), or lawful
permanent resident or citizen of the United States
acting in the interest, or on behalf of, a foreign
national, foreign organization, or foreign entity
referred to in subparagraph (A) that is targeted at or
occurs during an activity that is unlawful under
Federal, State, or local law that is intentionally or
unintentionally inflicted upon any individual,
property, entity, or organization in the United States
not further than 100 miles from the United States
border, or occurring in the United States not further
than 100 miles from the United States border but
originating outside the United States.
(2) Violence.--The term ``violence'' includes--
(A) criminal violence, including the criminal use
of force or threat of force occurring in the United
States, as reported by Federal, State, local, or tribal
law enforcement agencies;
(B) border-related organized crime violence,
including any act of violence that takes place in the
United States with links to cross-border crime, such as
drug, arms, cash, or alien smuggling or trafficking;
(C) violence against law enforcement agents,
including any act of violence carried out against a
Federal, State, local, or tribal law enforcement agent,
in association with cross-border crime;
(D) border violence, including any act of violence
that takes place in the United States not further than
100 miles from the United States border that has links
to cross-border crime such as drug, arms, cash, or
alien smuggling or trafficking or illegal migration;
and
(E) spillover violence, including--
(i) violence that starts in Mexico as part
of a conflict among Trans-national Criminal
Organizations (TCOs) or between TCOs and the
Government of Mexico that carries over into the
United States or threatens United States
personnel or interests in Mexico; and
(ii) offensive violence organized or
directed by TCOs against United States
personnel or interests in the United States or
Mexico. | Southwest Cross-border Violence Recognition Act of 2011 - Directs the Secretary of Homeland Security (DHS): (1) within 180 days, to report on metrics to be used to gauge the incidents or occurrences of cross-border violence and on how the resulting findings shall be quantified for periodic reporting; and (2) every 90 days after submitting such report, to report on incidents or occurrences of cross-border violence, incorporating such metrics and including information and crime statistics from federal, state, local, and tribal sources.
Requires such metrics to include: (1) border sheriff and state law enforcement reports on crime, vandalism, theft, burglary, apprehensions, accidents, and capital crimes; (2) reports from local hospitals in border states regarding the number of individuals treated for wounds obtained during acts of cross-border violence; (3) the impact to property values and businesses along the border as a result of factors such as acts of vandalism, theft, burglary, destruction of property, and intimidation; and (4) accounts of cross-border violence reported by U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and other federal agencies. | billsum_train |
Create a summary of the following text: SECTION 1. DEDUCTION FOR TWO-EARNER MARRIED COUPLES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. DEDUCTION FOR MARRIED COUPLES TO ELIMINATE THE MARRIAGE
PENALTY.
``(a) In General.--In the case of a joint return under section 6013
for the taxable year, there shall be allowed as a deduction an amount
equal to the applicable percentage of the qualified earned income of
the spouse with the lower qualified earned income for the taxable year.
``(b) Applicable Percentage.--For purposes of this section
``(1) In general.--The term `applicable percentage' means
20 percent, reduced by 2 percentage points for each $1,000 (or
fraction thereof) by which the taxpayer's modified adjusted
gross income for the taxable year exceeds $50,000.
``(2) Transition rule for 1999 and 2000.--In the case of
taxable years beginning in 1999 and 2000, paragraph (1) shall
be applied by substituting `10 percent' for `20 percent' and `1
percentage point' for `2 percentage points'.
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income determined--
``(A) after application of sections 86, 219, and
469, and
``(B) without regard to sections 135, 137, and 911
or the deduction allowable under this section.
``(4) Cost-of-living adjustment.--In the case of any
taxable year beginning in a calendar year after 2002, the
$50,000 amount under paragraph (1) shall be increased by an
amount equal to such dollar amount multiplied by the cost-of-
living adjustment determined under section 1(f)(3) for the
calendar year in which the taxable year begins, except that
subparagraph (B) thereof shall be applied by substituting
`calendar year 2002' for `calendar year 1992'. If any amount as
adjusted under this paragraph is not a multiple of $2,000, such
amount shall be rounded to the next lowest multiple of $2,000.
``(c) Qualified Earned Income Defined.--
``(1) In general.--For purposes of this section, the term
`qualified earned income' means an amount equal to the excess
of--
``(A) the earned income of the spouse for the
taxable year, over
``(B) an amount equal to the sum of the deductions
described in paragraphs (1), (2), (7), and (15) of
section 62 to the extent such deductions are properly
allocable to or chargeable against earned income described in
subparagraph (A).
The amount of qualified earned income shall be determined
without regard to any community property laws.''
``(2) Earned income.--For purposes of paragraph (1), the
term `earned income' means income which is earned income within
the meaning of section 911(d)(2) or 401(c)(2)(C), except that--
``(A) such term shall not include any amount--
``(i) not includible in gross income,
``(ii) received as a pension or annuity,
``(iii) paid or distributed out of an
individual retirement plan (within the meaning
of section 7701(a)(37)),
``(iv) received as deferred compensation,
or
``(v) received for services performed by an
individual in the employ of his spouse (within
the meaning of section 3121(b)(3)(A)), and
``(B) section 911(d)(2)(B) shall be applied without
regard to the phrase `not in excess of 30 percent of
his share of net profits of such trade or business'.''
(b) Deduction To Be Above-the-Line.--Section 62(a) of the Internal
Revenue Code of 1986 (defining adjusted gross income) is amended by
adding after paragraph (17) the following new paragraph:
``(18) Deduction for two-earner married couples.--The
deduction allowed by section 222.''
(c) Earned Income Credit Phaseout To Reflect Deduction.--Section
32(c)(2) of the Internal Revenue Code of 1986 (defining earned income)
is amended by adding at the end the following new subparagraph:
``(C) Marriage penalty reduction.--Solely for
purposes of applying subsection (a)(2)(B), earned
income for any taxable year shall be reduced by an
amount equal to the amount of the deduction allowed to
the taxpayer for such taxable year under section 222.''
(d) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 222 and inserting the following new items:
``Sec. 222. Deduction for married couples
to eliminate the marriage
penalty.
``Sec. 223. Cross reference.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS FOR SELF-EMPLOYED
INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to 100 percent (75 percent in the case of taxable
years beginning in 1999 and 2000) of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer, his spouse, and dependents.''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Amends the Internal Revenue Code to: (1) allow, on a joint return, a deduction equal to a percentage of the qualified earned income of the lower earning spouse; and (2) revise the rules for the deduction of the health insurance costs of self-employed individuals to allow a deduction for 75 percent (for taxable years beginning in 1999 and 2000) of such costs and a deduction for 100 percent (in following years) of such costs. | billsum_train |
Create a summary of the following text: SECTION 1. PREFERENCE FOR CONTRACTORS THAT HIRE WELFARE RECIPIENTS.
(a) Preference.--In awarding a contract covered by this section,
the head of a department or agency of the Federal Government shall give
preference to an entity that agrees to hire welfare recipients for jobs
created to carry out the contract.
(b) Evaluation.--To carry out subsection (a), the head of a
department or agency shall develop a system under which, in the
evaluation of an offer from an entity for a contract, the preference
given to the entity will be greater as the number of welfare recipients
that the offeror agrees to hire increases.
(c) Exceptions.--The requirement of subsection (a) shall not apply
in the evaluation of offers for a contract if--
(1) the Secretary of Defense determines that the subsection
should not apply for national security reasons; or
(2) the head of the department or agency determines that no
entry-level jobs are expected to be created to carry out the
contract.
(d) Covered Contracts.--This section applies to any contract in an
amount in excess of $500,000 entered into after the date of the
enactment of this Act by a department or agency of the Federal
Government using competitive procedures.
(e) Welfare Recipient.--The term ``welfare recipient'' means a
recipient of assistance under a State program funded under part A of
title IV of the Social Security Act.
SEC. 2. ACCESS TO JOBS GRANTS.
(a) General Authority.--The Secretary of Transportation shall make
grants to States under this section to assist State agencies, local
governmental authorities, and nonprofit organizations in financing
transportation services designed to transport welfare recipients to and
from jobs and activities related to their employment. The Secretary
shall coordinate activities under this section with related activities
under programs of other Federal departments and agencies.
(b) Grants by States.--Each State to which a grant is made under
this section shall use the grant proceeds to make grants to State
agencies, local government authorities, and nonprofit organizations. In
selecting applicants for grants under this subsection, the State shall
consider the following:
(1) The percentage of the population in the area to be
served that are welfare recipients.
(2) The need for additional services to transport welfare
recipients to and from specified jobs, training, and other
employment support services, and the extent to which the
proposed services will address those needs.
(3) The extent to which the applicant demonstrates
coordination with, and the financial commitment of, existing
transportation service providers.
(4) The extent to which the applicant demonstrates maximum
utilization of existing transportation service providers and
expands existing transit networks or hours of service or both.
(5) The extent to which the applicant demonstrates an
innovative approach that is responsive to identified service
needs.
(6) The extent to which the applicant presents a
comprehensive approach to addressing the needs of welfare
recipients and identifies long-term financing strategies to
support the services under this section.
(c) Eligible Projects.--A State may make grants under this section
only for--
(1) capital projects and to finance operating costs of
equipment, facilities, and associated capital maintenance items
related to providing access to jobs under this section;
(2) promoting the use of transit by workers with
nontraditional work schedules;
(3) promoting the use by appropriate agencies of transit
vouchers for welfare recipients under specific terms and
conditions developed by the Secretary; and
(4) promoting the use of employer-provided transportation
including the transit pass benefit program under subsections
(a) and (f) of section 132 of the Internal Revenue Code of
1986.
No planning or coordination activities are eligible for assistance
under this section.
(d) Federal Share of Costs.--The Federal share of costs under this
section shall be provided from funds apportioned under this section.
The Federal share of the costs for a project under this section shall
not exceed 50 percent of the net project cost. The remainder shall be
provided in cash from sources other than revenues from providing mass
transportation. Funds appropriated to a Federal department or agency
(other than the Department of Transportation) and eligible to be used
for transportation may be used toward the nongovernment share payable
on a project under this section.
(e) Planning Requirements.--The requirements of sections 5303
through 5306 of title 49, United States Code, apply to grants made
under this section. Applications must reflect coordination with and the
approval of affected transit grant recipients and the projects
financed must be part of a coordinated public transit-human services
transportation planning process.
(f) Grant Requirements.--A grant under this section shall be
subject to all of the terms and conditions of grants made under section
5307 of title 49, United States Code, and such terms and conditions as
determined by the Secretary.
(g) Apportionment of Funds.--The Secretary shall apportion funds
appropriated to carry out this section for each fiscal year among the
States in the ratio that the amount paid to each State under section
403(a)(1) of the Social Security Act for the fiscal year bears to the
total amount paid to all States under that section for the fiscal year.
(h) Program Evaluation.--
(1) Comptroller general.--Six months after the date of the
enactment of this Act and each 6 months thereafter, the
Comptroller General shall conduct a study to evaluate the
access to jobs program conducted under this section and
transmit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate the results of the
study.
(2) Department of transportation.--Within 2 years after the
date of the enactment of this Act, the Secretary shall conduct
a study to evaluate the access to jobs program conducted under
this section and transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
the results of the study.
(i) Definitions.--In this section, the following definitions apply:
(1) Capital project and urbanized area.--The terms
``capital project'' and ``urbanized area'' have the meanings
such terms have under section 5302 of title 49, United States
Code.
(2) Existing transportation service providers.--The term
``existing transportation service providers'' means mass
transportation operators and governmental agencies and
nonprofit organizations that receive assistance from Federal,
State, or local sources for nonemergency transportation
services.
(3) Welfare recipient.--The term ``welfare recipient''
means an individual who receives or received aid or assistance
under a State program funded under part A of title IV of the
Social Security Act (whether in effect before or after the
effective date of the amendments made by title I of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996) at any time during the 3-year period ending on the
date the applicant applies for a grant under this section.
(j) Funding.--There is authorized to be appropriated to carry out
this section $500,000,000 per fiscal year for fiscal years 1999 through
2004. Such sums shall remain available until expended.
SEC. 3. GUARANTEES OF LOANS MADE BY STATES TO CURRENT OR RECENT WELFARE
RECIPIENTS.
(a) In General.--The Secretary of Health and Human Services may
provide loan guarantees to States in accordance with this section.
(b) Limitation on Annual Amount of Loan Guarantees.--The total
dollar amount of loan guarantees that may be provided under this
section in a fiscal year shall not exceed $50,000,000.
(c) Limitation on Annual Amount of Loan Guarantees per State.--The
total dollar amount of loan guarantees that may be provided to a State
under this section in a fiscal year is the amount that bears the same
ratio to $50,000,000 as the total dollar amount payable to the State
under section 403(a)(1) of the Social Security Act for the fiscal year
(determined without regard to any penalty imposed under section 409 of
such Act) bears to the total dollar amount payable to all States under
such section 403(a)(1) for the fiscal year (as so determined).
(d) Loans That May Be Guaranteed.--The Secretary of Health and
Human Services may provide a loan guarantee under this section with
respect to a loan if--
(1) the loan is made by a State;
(2) the borrower is a recipient of assistance under a State
program funded under part A of title IV of the Social Security
Act;
(3) the principal amount of the loan is not less than $20
and not more than $5,000; and
(4) the loan bears interest at an annual rate that does not
exceed the rate at which interest is payable annually on bonds
most recently issued by the smallest political subdivision of
the State in which the borrower resides that has borrowing
authority.
(e) Definition of State.--In this section, the term ``State'' has
the meaning given such term in section 419(5) of the Social Security
Act.
(f) Regulations.--The Secretary of Health and Human Services shall
prescribe such regulations as may be necessary to carry out this
section. | Requires the head of a Federal agency to give preference (except where no entry-level jobs are expected to be created, or national security reasons preclude) to contractors that hire recipients of assistance under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act for jobs created to carry out any contract in excess of $500,000 that was awarded using competitive procedures.
Directs the Secretary of Transportation to make grants to States to assist State agencies, local governmental authorities, and nonprofit organizations in financing transportation services designed to transport TANF recipients to and from jobs and activities related to their employment. Authorizes appropriations.
Authorizes the Secretary of Health and Human Services to provide loan guarantees to States with respect to State loans taken out by TANF recipients in a principal amount of between $20 and $5,000, and bearing a certain annual interest rate. | billsum_train |
Condense the following text into a summary: SECTION 1. PURPOSES.
The purposes of this Act are--
(1) to assist States to--
(A) give children from low-income families the same
choices among all elementary and secondary schools and
other academic programs as children from wealthier
families already have;
(B) improve schools and other academic programs by
giving parents in low-income families increased
consumer power to choose the schools and programs that
the parents determine best fit the needs of their
children; and
(C) more fully engage parents in their children's
schooling; and
(2) to demonstrate, through a 3-year national grant
program, the effects of a voucher program that gives parents in
low-income families--
(A) choice among public, private, and religious
schools for their children; and
(B) access to the same academic options as parents
in wealthy families have for their children.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act (other than section 10) $1,800,000,000 for each of fiscal
years 2001 through 2004.
(b) Evaluation.--There is authorized to be appropriated to carry
out section 10 $17,000,000 for fiscal years 2002 through 2005.
SEC. 3. PROGRAM AUTHORITY.
(a) In General.--The Secretary shall make grants to States, from
allotments made under section 4 to enable the States to carry out
educational choice programs that provide scholarships, in accordance
with this Act.
(b) Limit on Federal Administrative Expenditures.--The Secretary
may reserve not more than $1,000,000 of the amounts appropriated under
section 2(a) for a fiscal year to pay for the costs of administering
this Act.
SEC. 4. ALLOTMENTS TO STATES.
(a) Allotments.--The Secretary shall make the allotments to States
in accordance with a formula specified in regulations issued in
accordance with subsection (b). The formula shall provide that the
Secretary shall allot to each State an amount that bears the same
relationship to the amounts appropriated under section 2(a) for a
fiscal year (other than funds reserved under section 3(b)) as the
number of covered children in the State bears to the number of covered
children in all such States.
(b) Formula.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall issue regulations specifying the formula
referred to in subsection (a).
(c) Limit on State Administrative Expenditures.--The State may
reserve not more than 1 percent of the funds made available through the
State allotment to pay for the costs of administering this Act.
(d) Definition.--In this section, the term ``covered child'' means
a child who is enrolled in a public school (including a charter school)
that is an elementary school or secondary school.
SEC. 5. ELIGIBLE SCHOOLS.
(a) Eligibility.--
(1) In general.--Schools identified by a State under
paragraph (2) shall be considered to be eligible schools under
this Act.
(2) Determination.--Not later than 180 days after the date
the Secretary issues regulations under section 4(b), each State
shall identify the public elementary schools and secondary
schools in the State that are at or below the 25th percentile
for academic performance of schools in the State.
(b) Performance.--The State shall determine the academic
performance of a school under this section based on such criteria as
the State may consider to be appropriate.
SEC. 6. SCHOLARSHIPS.
(a) In General.--
(1) Scholarship awards.--With funds awarded under this Act,
each State awarded a grant under this Act shall provide
scholarships to the parents of eligible children, in accordance
with subsections (b) and (c). The State shall ensure that the
scholarships may be redeemed for elementary or secondary
education for the children at any of a broad variety of public
and private schools, including religious schools, in the State.
(2) Scholarship amount.--The amount of each scholarship
shall be $2000 per year.
(3) Tax exemption.--Scholarships awarded under this Act
shall not be considered income of the parents for Federal
income tax purposes or for determining eligibility for any
other Federal program.
(b) Eligible Children.--To be eligible to receive a scholarship
under this Act, a child shall be--
(1) a child who is enrolled in a public elementary school
or secondary school that is an eligible school; and
(2) a member of a family with a family income that is not
more than 200 percent of the poverty line.
(c) Award Rules.--
(1) Priority.--In providing scholarships under this Act,
the State shall provide scholarships for eligible children
through a lottery system administered for all eligible schools
in the State by the State educational agency.
(2) Continuing eligibility.--Each State receiving a grant
under this Act to carry out an educational choice program shall
provide a scholarship in each year of the program to each child
who received a scholarship during the previous year of the
program, unless--
(A) the child no longer resides in the area served
by an eligible school;
(B) the child no longer attends school;
(C) the child's family income exceeds, by 20
percent or more, 200 percent of the poverty line; or
(D) the child is expelled or convicted of a felony,
including felonious drug possession, possession of a
weapon on school grounds, or a violent act against an
other student or a member of the school's faculty.
SEC. 7. USES OF FUNDS.
Any scholarship awarded under this Act for a year shall be used--
(1) first, for--
(A) the payment of tuition and fees at the school
selected by the parents of the child for whom the
scholarship was provided; and
(B) the reasonable costs of the child's
transportation to the school, if the school is not the
school to which the child would be assigned in the
absence of a program under this Act;
(2) second, if the parents so choose, to obtain
supplementary academic services for the child, at a cost of not
more than $500, from any provider chosen by the parents, that
the State determines is capable of providing such services and
has an appropriate refund policy; and
(3) finally, for educational programs that help the
eligible child achieve high levels of academic excellence in
the school attended by the eligible child, if the eligible
child chooses to attend a public school.
SEC. 8. STATE REQUIREMENT.
A State that receives a grant under this Act shall allow lawfully
operating public and private elementary schools and secondary schools,
including religious schools, if any, serving the area involved to
participate in the program.
SEC. 9. EFFECT OF PROGRAMS.
(a) Title I.--Notwithstanding any other provision of law, if a
local educational agency in the State would, in the absence of an
educational choice program that is funded under this Act, provide
services to a participating eligible child under part A of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.), the State shall ensure the provision of such services to such
child.
(b) Individuals With Disabilities.--Nothing in this Act shall be
construed to affect the requirements of part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.).
(c) Aid.--
(1) In general.--Scholarships under this Act shall be
considered to aid families, not institutions. For purposes of
determining Federal assistance under Federal law, a parent's
expenditure of scholarship funds under this Act at a school or
for supplementary academic services shall not constitute
Federal financial aid or assistance to that school or to the
provider of supplementary academic services.
(2) Supplementary academic services.--
(A) In general.--Notwithstanding paragraph (1), a
school or provider of supplementary academic services
that receives scholarship funds under this Act shall,
as a condition of participation under this Act, comply
with the provisions of title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.) and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794).
(B) Regulations.--The Secretary shall promulgate
regulations to implement the provisions of subparagraph
(A), taking into account the purposes of this Act and
the nature, variety, and missions of schools and
providers that may participate in providing services to
children under this Act.
(d) Other Federal Funds.--No Federal, State, or local agency may,
in any year, take into account Federal funds provided to a State or to
the parents of any child under this Act in determining whether to
provide any other funds from Federal, State, or local resources, or in
determining the amount of such assistance, to such State or to a school
attended by such child.
(e) No Discretion.--Nothing in this Act shall be construed to
authorize the Secretary to exercise any direction, supervision, or
control over the curriculum, program of instruction, administration, or
personnel of any educational institution or school participating in a
program under this Act.
SEC. 10. EVALUATION.
The Comptroller General of the United States shall conduct an
evaluation of the program authorized by this Act. Such evaluation
shall, at a minimum--
(1) assess the implementation of educational choice
programs assisted under this Act and their effect on
participants, schools, and communities in the school districts
served, including parental involvement in, and satisfaction
with, the program and their children's education;
(2) compare the educational achievement of participating
eligible children with the educational achievement of similar
non-participating children before, during, and after the
program; and
(3) compare--
(A) the educational achievement of eligible
children who use scholarships to attend schools other
than the schools the children would attend in the
absence of the program; with
(B) the educational achievement of children who
attend the schools the children would attend in the
absence of the program.
SEC. 11. ENFORCEMENT.
(a) Regulations.--The Secretary shall promulgate regulations to
enforce the provisions of this Act.
(b) Private Cause.--No provision or requirement of this Act shall
be enforced through a private cause of action.
SEC. 12. FUNDING.
The Committee on Finance and the Committee on Appropriations of the
Senate and the Committee on Ways and Means and the Committee on
Appropriations of the House of Representatives shall identify wasteful
spending (including loopholes to revenue raising tax provisions) by the
Federal Government as a means of providing funding for this Act. Not
later than 60 days after the date of enactment of this Act, the
committees referred to in the preceding sentence shall jointly prepare
and submit to the Majority and Minority Leaders of the Senate and the
Speaker and Minority Leader of the House of Representatives, a report
concerning the spending (and loopholes) identified under such sentence.
SEC. 13. DEFINITIONS.
In this Act:
(1) Charter school.--The term ``charter school'' has the
meaning given the term in section 10310 of the Elementary and
Secondary Education Act of 1965 (as redesignated in section
3(g) of Public Law 105-278; 112 Stat. 2687).
(2) Elementary school; local educational agency; parent;
secondary school; state educational agency.--The terms
``elementary school'', ``local educational agency'',
``parent'', ``secondary school'', and ``State educational
agency'' have the meanings given the terms in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(3) Poverty line.--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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) State.--The term ``State'' means each of the 50 States. | Directs the Secretary of Education to make grants to States for private or public school choice vouchers for children from low-income families who are enrolled in low-performing elementary or secondary public schools.Requires each grantee State to provide scholarships (at $2,000 per year, but with continuing awards) to the parents of eligible children through a lottery system administered for all eligible schools by the State educational agency. Requires that a child eligible for such a scholarship be: (1) enrolled in an eligible public elementary or secondary school; and (2) a member a family with income not more than 200 percent of the poverty line.Allows the use of such funds for: (1) payment of tuition and fees at the school selected by the scholarship child's parents, plus reasonable transportation costs; (2) up to $500 of supplementary academic services, if the parents choose a provider (with an appropriate refund policy) which the State determines capable of rendering such services; and (3) educational programs that help the child achieve high levels of academic excellence, if the child chooses to attend a public school.Requires: (1) a grantee State to allow lawfully operating public and private elementary and secondary schools serving the area involved, including religious schools, to participate in the program; (2) participating schools or providers of supplementary academic services to comply with specified antidiscrimination requirements; and (3) national evaluation of the program by the Comptroller General.Directs specified congressional committees to identify, and report to certain congressional leaders on, wasteful Federal spending (including loopholes to revenue raising tax provisions) as a means of providing funding for this Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Mental Health Research Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 100 million Americans currently have some
sort of brain-related condition. Millions of Americans, many of
whom are currently school children, have some sort of
developmental delay, autism, or learning disability.
(2) Moreover, many Americans suffer from some form of
psychotic disorder, including schizophrenia and affective
psychotic disorders.
(3) These brain disorders usually result in significant
life-long disability, and psychotic disorders in particular,
despite advances in treatment, rank among the top causes of
disability worldwide.
(4) Neuroscience research has the potential to dramatically
improve the quality of life for people facing brain disease and
injury, and to significantly improve our understanding of
learning.
(5) Because of the impact on the health and economy of the
country, the Federal Government has taken a special interest in
promoting neuroscience and mental health research. Several
Federal agencies, including the National Science Foundation,
National Institutes of Health (NIH), Veterans Administration,
and Department of Defense oversee research on the brain and
nervous system.
(6) In December 2011, Congress directed the Office of
Science and Technology Policy to establish an Interagency
Working Group on Neuroscience (IWGN). The IWGN is currently
convening representatives across the Federal Government to make
recommendations about the future of neuroscience research.
(7) Given the findings about the role of mental illness in
multiple shootings across the Nation, including Newton,
Connecticut, Aurora, Colorado, and other communities
experiencing similar tragedies, the Federal Government has an
interest in pursuing research on the early detection,
intervention, and prevention of psychosis.
(8) In line with this, the Federal Government is looking
for new ways of increasing the Nation's knowledge of the
underlying causes of psychosis.
(9) The United States commitment to furthering the early
detection of mental illness in youth was seen in its
participation in two public/private research programs that
studied the earliest stages of psychotic illness, namely--
(A) the North American Prodrome Longitudinal Study
(NAPLS); and
(B) the Recovery After an Initial Schizophrenia
Episode (RAISE) initiative.
SEC. 3. YOUTH MENTAL HEALTH RESEARCH NETWORK.
(a) Youth Mental Health Research Network.--
(1) Network.--The Director of the National Institutes of
Health may provide for the establishment of a Youth Mental
Health Research Network for the conduct or support of--
(A) youth mental health research; and
(B) youth mental health intervention services.
(2) Collaboration by institutes and centers.--The Director
of NIH shall carry out this Act acting--
(A) through the Director of the National Institute
of Mental Health; and
(B) in collaboration with other appropriate
national research institutes and national centers that
carry out activities involving youth mental health
research.
(3) Mental health research.--
(A) In general.--In carrying out paragraph (1), the
Director of NIH may award cooperative agreements,
grants, and contracts to State, local, and tribal
governments and private nonprofit entities for--
(i) conducting, or entering into consortia
with other entities to conduct--
(I) basic, clinical, behavioral, or
translational research to meet unmet
needs for youth mental health research;
or
(II) training for researchers in
youth mental health research
techniques;
(ii) providing, or partnering with non-
research institutions or community-based groups
with existing connections to youth to provide,
youth mental health intervention services; and
(iii) collaborating with the National
Institute of Mental Health to make use of, and
build on, the scientific findings and clinical
techniques of the Institute's earlier programs,
studies, and demonstration projects.
(B) Research.--The Director of NIH shall ensure
that--
(i) each recipient of an award under
subparagraph (A)(i) conducts or supports at
least one category of research described in
subparagraph (A)(i)(I) and collectively such
recipients conduct or support all such
categories of research; and
(ii) one or more such recipients provide
training described in subparagraph (A)(i)(II).
(C) Number of award recipients.--The Director of
NIH may make awards under this paragraph for not more
than 70 entities.
(D) Supplement, not supplant.--Any support received
by an entity under subparagraph (A) shall be used to
supplement, and not supplant, other public or private
support for activities authorized to be supported under
this paragraph.
(E) Duration of support.--Support of an entity
under subparagraph (A) may be for a period of not to
exceed 5 years. Such period may be extended by the
Director of NIH for additional periods of not more than
5 years.
(4) Coordination.--The Director of NIH shall--
(A) as appropriate, provide for the coordination of
activities (including the exchange of information and
regular communication) among the recipients of awards
under this subsection; and
(B) require the periodic preparation and submission
to the Director of reports on the activities of each
such recipient.
(b) Intervention Services for, and Research on, Severe Mental
Illness.--
(1) In general.--In making awards under subsection (a)(3),
the Director of NIH shall ensure that an appropriate number of
such awards are awarded to entities that agree to--
(A) focus primarily on the early detection and
intervention of severe mental illness in young people;
(B) conduct or coordinate one or more multisite
clinical trials of therapies for, or approaches to, the
prevention, diagnosis, or treatment of early severe
mental illness in a community setting;
(C) rapidly and efficiently disseminate scientific
findings resulting from such trials; and
(D) adhere to the guidelines, protocols, and
practices used in the North American Prodrome
Longitudinal Study (NAPLS) and the Recovery After an
Initial Schizophrenia Episode (RAISE) initiative.
(2) Data coordinating center.--
(A) Establishment.--In connection with awards to
entities described in paragraph (1), the Director of
NIH shall establish a data coordinating center for the
following purposes:
(i) To distribute the scientific findings
referred to in paragraph (1)(C).
(ii) To provide assistance in the design
and conduct of collaborative research projects
and the management, analysis, and storage of
data associated with such projects.
(iii) To organize and conduct multisite
monitoring activities.
(iv) To provide assistance to the Centers
for Disease Control and Prevention in the
establishment of patient registries.
(B) Reporting.--The Director of NIH shall--
(i) require the data coordinating center
established under subparagraph (A) to provide
regular reports to the Director of NIH on
research conducted by entities described in
paragraph (1), including information on
enrollment in clinical trials and the
allocation of resources with respect to such
research; and
(ii) as appropriate, incorporate
information reported under clause (i) into the
Director's biennial reports under section 403
of the Public Health Service Act (42 U.S.C.
283).
(c) Definitions.--In this Act, the terms ``Director of NIH'',
``national center'', and ``national research institute'' have the
meanings given to such terms in section 401 of the Public Health
Service Act (42 U.S.C. 281).
(d) Authorization of Appropriations.--To carry out this Act, there
is authorized to be appropriated $25,000,000 for each of fiscal years
2016 through 2020. | Youth Mental Health Research Act This bill authorizes the National Institute of Mental Health (NIMH) to establish a Youth Mental Health Research Network for the conduct or support of youth mental health research and intervention services. The NIMH may award cooperative agreements, grants, and contracts to governments and private nonprofit entities for: (1) conducting youth mental health research or training for researchers in youth mental health research techniques; (2) providing youth mental health intervention services; and (3) collaborating with NIMH to build on the scientific findings and clinical techniques of earlier programs, studies, and demonstration projects. A number of these awards must go to entities that agree to: (1) focus primarily on the early detection and intervention of severe mental illness in young people; (2) conduct or coordinate multisite clinical trials for the prevention, diagnosis, or treatment of early severe mental illness in a community setting and rapidly disseminate their findings; and (3) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study and the Recovery After an Initial Schizophrenia Episode initiative. The NIMH must establish a data coordinating center to assist awardees and distribute scientific findings generated by awardees. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Visa Integrity Act''.
SEC. 2. SEVIS AND SEVP DEFINED.
In this Act:
(1) SEVIS.--The term ``SEVIS'' means the Student and
Exchange Visitor Information System of the Department of
Homeland Security.
(2) SEVP.--The term ``SEVP'' means the Student and Exchange
Visitor Program of the Department of Homeland Security.
SEC. 3. INCREASED CRIMINAL PENALTIES.
(a) Criminal Penalty.--Chapter 75 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1548. Filing of certification petition under false pretenses
``(a) In General.--Any person who, while representing himself or
herself as a principal, officer, director, or any other official of an
educational institution, knowingly files a petition or provides
evidence for a petition for certification or recertification with the
Student and Exchange Visitor Program for attendance at such institution
of nonimmigrant students under subparagraph (F)(i) or (M)(i) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) under false pretenses, or attempts or conspires to do so,
shall be fined under this title, imprisoned for at least 2 years and
not more than 15 years, or both.
``(b) Definition.--As used in this section, the term `false
pretenses' includes making a materially false statement or providing
materially false information to the Secretary of Homeland Security with
regard to any aspect of the Student and Exchange Visitor Program.''.
(b) Clerical Amendment.--The table of sections for chapter 75 of
title 18, United States Code, is amended by adding at the end the
following:
``1548. Filing of certification petition under false pretenses.''.
(c) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal Sentencing Guidelines and policy
statements to reflect the penalties applicable to persons convicted of
violating section 1548 of title 18, United States Code, as added by
subsection (a).
SEC. 4. ACCREDITATION REQUIREMENT.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended--
(1) in paragraph (15)(F)(i)--
(A) by striking ``section 214(l) at an established
college, university, seminary, conservatory, academic
high school, elementary school, or other academic
institution or in an accredited language training
program in the United States'' and inserting ``section
214(m) at an accredited college, university, or
language training program, or at an established
seminary, conservatory, academic high school, or
elementary school''; and
(B) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(2) by amending paragraph (52) to read as follows:
``(52) Except as provided in section 214(m)(4), the term
`accredited college, university, or language training program' means a
college, university, or language training program that is accredited by
an accrediting agency recognized by the Secretary of Education.''.
SEC. 5. OTHER REQUIREMENTS FOR ACADEMIC INSTITUTIONS.
Section 214(m) of the Immigration and Nationality Act (8 U.S.C.
1184(m)) is amended by adding at the end the following:
``(3) The Secretary of Homeland Security shall require
accreditation of an academic institution (except for seminaries or
other religious institutions) for purposes of section 101(a)(15)(F)
if--
``(A) that institution is not already required to be
accredited under section 101(a)(15)(F)(i); and
``(B) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation.
``(4) The Secretary of Homeland Security, in the Secretary's
discretion, may waive the accreditation requirement in section
101(a)(15)(F)(i) with respect to an accredited college, university, or
language training program if the academic institution--
``(A) is otherwise in compliance with the requirements of
such section; and
``(B) is, on the date of the enactment of the Student Visa
Integrity Act, a candidate for accreditation or, after such
date, has been a candidate for accreditation for at least 1
year and continues to progress toward accreditation by an
accreditation agency recognized by the Secretary of
Education.''.
SEC. 6. STUDENT START DATE FOR PROGRAM TO COLLECT INFORMATION RELATING
TO FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM
PARTICIPANTS.
(a) Student Start Date.--Section 641(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Student start date.--Not later than one year after
the date of the enactment of the Student Visa Integrity Act,
the Secretary of Homeland Security may issue regulations that
set a start date for the program for an academic term at each
approved institution of higher education or other approved
educational institution.''.
(b) Technical Amendments.--Section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is
amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security'';
(2) in subsection (a)(4), by striking ``Immigration and
Naturalization Service'' and inserting ``Secretary of Homeland
Security''; and
(3) in subsection (e)(4)(A), by striking ``Attorney
General's'' and inserting ``Secretary's''.
SEC. 7. VISA FRAUD.
(a) Immediate Withdrawal of SEVP Certification.--Section 641(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(d)) is amended--
(1) in paragraph (1)(A), by striking ``institution,,'' and
inserting ``institution,''; and
(2) by adding at the end the following:
``(3) Effect of reasonable suspicion of fraud.--If the
Secretary of Homeland Security has reasonable suspicion that an
owner of, or a designated school official at, an approved
institution of higher education, an other approved educational
institution, or a designated exchange visitor program has
committed fraud or attempted to commit fraud relating to any
aspect of the Student and Exchange Visitor Program, the
Secretary may immediately--
``(A) withdraw such certification without prior
notification; and
``(B) terminate such official's or such school's
access to the Student and Exchange Visitor Information
System (SEVIS).
``(4) Effect of indictment for fraud.--If an owner of, or a
designated school official at, an approved institution of
higher education, an other approved educational institution, or
a designated exchange visitor program is indicted for fraud
relating to any aspect of the Student and Exchange Visitor
Program, the Secretary of Homeland Security shall immediately--
``(A) withdraw such certification without prior
notification during the pendency of the criminal
prosecution; and
``(B) terminate such official's or such school's
access to SEVIS during such time.''.
(b) Effect of Conviction for Visa Fraud.--Section 641(d) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as
amended by subsection (a), is further amended by adding at the end the
following:
``(5) Permanent disqualification for fraud.--A designated
school official at, or an owner of, an approved institution of
higher education, an other approved educational institution, or
a designated exchange visitor program who is convicted for
fraud relating to any aspect of the Student and Exchange
Visitor Program shall be permanently disqualified from filing
future petitions and from having an ownership interest or a
management role, including serving as a designated school
official, in any United States educational institution that
enrolls nonimmigrant alien students described in subparagraph
(F) or (M) of section 101(a)(15) the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).''.
SEC. 8. BACKGROUND CHECKS AND USE OF E-VERIFY.
(a) In General.--Section 641(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended
by section 3, is further amended by adding at the end the following:
``(6) Background check requirement.--
``(A) In general.--An individual may not serve as a
designated school official or be granted access to
SEVIS unless the individual is a national of the United
States or an alien lawfully admitted for permanent
residence and during the most recent 3-year period--
``(i) the Secretary of Homeland Security
has--
``(I) conducted a thorough
background check on the individual,
including a review of the individual's
criminal and sex offender history and
the verification of the individual's
immigration status by the school
through the E-Verify Program described
in section 403(a); and
``(II) determined that the
individual has not been convicted of
any violation of United States
immigration law, any offense under
title 18, United States Code, or any
analogous State law, and is not a risk
to national security of the United
States; and
``(ii) the individual has successfully
completed an on-line training course on SEVP
and SEVIS, which has been developed by the
Secretary.
``(B) Interim designated school official.--
``(i) In general.--An individual may serve
as an interim designated school official during
the period that the Secretary is conducting the
background check required by subparagraph
(A)(i)(I).
``(ii) Reviews by the secretary.--If an
individual serving as an interim designated
school official under clause (i) does not
successfully complete the background check
required by subparagraph (A)(i)(I), the
Secretary shall review each Form I-20 issued by
such interim designated school official.
``(7) Fee.--The Secretary is authorized to collect a fee
from an approved school for each background check conducted
under paragraph (6)(A)(i). The amount of such fee shall be
equal to the average amount expended by the Secretary to
conducted such background checks.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of the enactment
of this Act.
SEC. 9. REVOCATION OF AUTHORITY TO ISSUE FORM I-20.
(a) Flight Schools Not Certified by FAA.--Immediately upon the
enactment of this Act, the Secretary of Homeland Security shall
prohibit any flight school in the United States from accessing SEVIS or
issuing a Form I-20 to an alien seeking a student visa pursuant to
subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school has not
been certified to the satisfaction of the Secretary and by the Federal
Aviation Administration pursuant to part 141 or part 142 of title 14,
Code of Federal Regulations (or similar successor regulations).
(b) Schools Not Licensed by a State.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall prohibit any school or designated school official in the
United States from accessing the SEVIS or issuing a Form I-20 to an
alien seeking a student visa pursuant to section subparagraph (F)(i) or
(M)(i) of section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) if the school that has not been licensed or
authorized to offer a post-secondary credential by a State. The
Secretary may waive the application of this paragraph for religious-
affiliated, elementary, or secondary schools.
SEC. 10. REVOCATION OF ACCREDITATION.
At the time an accrediting agency or association is required to
notify the Secretary of Education and the appropriate State licensing
or authorizing agency of the final denial, withdrawal, suspension, or
termination of accreditation of an institution pursuant to section 496
of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting
agency or association shall notify the Secretary of Homeland Security
of such determination and the Secretary of Homeland Security shall
immediately withdraw the school from the SEVP and prohibit the school
from accessing SEVIS.
SEC. 11. REPORT ON RISK ASSESSMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that contains the risk assessment
strategy that will be employed by the Secretary to identify,
investigate, and take appropriate action against schools and school
officials that are facilitating the issuance of Form I-20 and the
maintenance of student visa status in violation of the immigration laws
of the United States.
SEC. 12. IMPLEMENTATION OF GAO RECOMMENDATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that describes--
(1) the process in place to identify and assess risks in
the SEVP;
(2) a risk assessment process to allocate SEVP's resources
based on risk;
(3) the procedures in place for consistently ensuring a
school's eligibility, including consistently verifying in lieu
of letters;
(4) how SEVP identified and addressed missing school case
files;
(5) a plan to develop and implement a process to monitor
state licensing and accreditation status of all SEVP-certified
schools;
(6) whether all flight schools that have not been certified
to the satisfaction of the Secretary and by the Federal
Aviation Administration have been removed from the program and
have been restricted from accessing SEVIS;
(7) the standard operating procedures that govern
coordination among SEVP, Counterterrorism and Criminal
Exploitation Unit, and U.S. Immigration and Customs Enforcement
field offices; and
(8) the established criteria for referring cases of a
potentially criminal nature from SEVP to the counterterrorism
and intelligence community.
SEC. 13. IMPLEMENTATION OF SEVIS II.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Homeland Security shall complete the deployment of
both phases of the 2nd generation Student and Exchange Visitor
Information System (commonly known as ``SEVIS II''). | Student Visa Integrity Act - Amends the federal criminal code to subject to a fine, between 2 and 15 years' imprisonment, or both, an individual who, while representing himself or herself as a principal, officer, or director of an educational institution, knowingly files a petition for certification or recertification with the Student and Exchange Visitor Program (SEVP) for attendance at such institution of nonimmigrant students (F-visa) or nonimmigrant vocational students (M-visa) under false pretenses.
Requires that a person coming to study at a college, university, language training program, seminary, high school, or elementary school in the United States under an F-visa must attend an institution that is accredited by an accrediting agency recognized by the Secretary of Education.
Authorizes the Secretary of Homeland Security (DHS) (Secretary) to require academic institutions (exempts seminaries or other religious institutions) to be similarly accredited for F-visa purposes if: (1) the institution is not already required to be accredited, and (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation.
Authorizes the Secretary to waive the accreditation requirement for an established college, university, or language training program that is otherwise in compliance with F-visa provisions and has been a candidate for accreditation for at least one year and continues to progress toward such accreditation.
Authorizes the Secretary to issue regulations that set a start date for the program to collect information regarding nonimmigrant foreign students and other exchange program participants for an academic term at each approved institution of higher education.
Authorizes the Secretary, upon reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, an other educational institution, or a designated exchange visitor program, has committed SEVP-related fraud to: (1) withdraw such certification without prior notification, and (2) terminate such official's or such school's access to the Student and Exchange Visitor Information System (SEVIS).
Directs the Secretary, if an owner or school official is indicted for SEVP-related fraud to: (1) withdraw such certification without prior notification during the pendency of the criminal prosecution, and (2) terminate such official's or such school's SEVIS access during such time.
Disqualifies permanently an owner or school official who is convicted of SEVP-related fraud from filing future petitions and from having an ownership interest or a management role in any U.S. educational institution that enrolls nonimmigrant alien students or nonimmigrant alien vocational students.
Prohibits an individual from serving as a designated school official or from being granted access to SEVIS unless the individual is a U.S. national or a lawful permanent resident alien who, during the most recent three-year period, has undergone a specified background check.
Prohibits any flight school in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration (FAA).
Prohibits any school or designated school official in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the school has not been licensed or authorized to offer a post-secondary credential by a state. (Authorizes the Secretary to waive such provision for religious-affiliated, elementary, or secondary schools.)
Requires: (1) an accrediting agency or association, at the time it is required to notify the Secretary of Education and the appropriate state licensing agency of the final denial, withdrawal, suspension, or termination of accreditation of an institution, to notify the Secretary of such determination; and (2) the Secretary to withdraw the school from the SEVP and prohibit the school from accessing SEVIS.
Directs the Secretary to implement both phases of the second generation Student and Exchange Visitor Information System (SEVIS II) within two years of enactment of this Act. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pam Lychner Sexual Offender Tracking
and Identification Act of 1996''.
SEC. 2. OFFENDER REGISTRATION.
(a) Establishment of FBI Database.--Subtitle A of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
is amended by adding at the end the following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent predator',
`mental abnormality', and `predatory' have the same meanings as in
section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender registration
program that--
``(A) requires the registration of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1);
``(B) requires that all information gathered under such
program be transmitted to the FBI in accordance with subsection
(g) of this section;
``(C) meets the requirements for verification under section
170101(b)(3); and
``(D) requires that each person who is required to register
under subparagraph (A) shall do so for a period of not less
than 10 years beginning on the date that such person was
released from prison or placed on parole, supervised release,
or probation.
``(b) Establishment.--The Attorney General shall establish a
national database at the Federal Bureau of Investigation to track the
whereabouts and movement of--
``(1) each person who has been convicted of a criminal offense
against a victim who is a minor;
``(2) each person who has been convicted of a sexually violent
offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not established a
minimally sufficient sexual offender registration program shall
register a current address, fingerprints of that person, and a current
photograph of that person with the FBI for inclusion in the database
established under subsection (b) for the time period specified under
subsection (d).
``(d) Length of Registration.--A person described in subsection (b)
who is required to register under subsection (c) shall, except during
ensuing periods of incarceration, continue to comply with this
section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release, or
probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense described in
subsection (b);
``(B) has been convicted of aggravated sexual abuse, as
defined in section 2241 of title 18, United States Code, or in
a comparable provision of State law; or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required to
register under subsection (c), the FBI shall, during the period in
which the person is required to register under subsection (d),
verify the person's address in accordance with guidelines that
shall be promulgated by the Attorney General. Such guidelines shall
ensure that address verification is accomplished with respect to
these individuals and shall require the submission of fingerprints
and photographs of the individual.
``(2) Sexually violent predators.--Paragraph (1) shall apply to
a person described in subsection (b)(3), except that such person
must verify the registration once every 90 days after the date of
the initial release or commencement of parole of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect the
public.
``(2) Identity of victim.--In no case shall the FBI release the
identity of any victim of an offense that requires registration by
the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for not
less than 10 days.
``(2) Persons required to register with the fbi.--Each
establishment of a new residence, including the initial
establishment of a residence immediately following release from
prison, or placement on parole, supervised release, or probation,
by a person required to register under subsection (c) shall be
reported to the FBI not later than 10 days after that person
establishes a new residence.
``(3) Individual registration requirement.--A person required
to register under subsection (c) or under a minimally sufficient
offender registration program, including a program established
under section 170101, who changes address to a State other than the
State in which the person resided at the time of the immediately
preceding registration shall, not later than 10 days after that
person establishes a new residence, register a current address,
fingerprints, and photograph of that person, for inclusion in the
appropriate database, with--
``(A) the FBI; and
``(B) the State in which the new residence is established.
``(4) State registration requirement.--Any time any State
agency in a State with a minimally sufficient sexual offender
registration program, including a program established under section
170101, is notified of a change of address by a person required to
register under such program within or outside of such State, the
State shall notify--
``(A) the law enforcement officials of the jurisdiction to
which, and the jurisdiction from which, the person has
relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement officials.--The
FBI shall ensure that State and local law enforcement officials
of the jurisdiction from which, and the State and local law
enforcement officials of the jurisdiction to which, a person
required to register under subsection (c) relocates are
notified of the new residence of such person.
``(B) Notification of fbi.--A State agency receiving
notification under this subsection shall notify the FBI of the
new residence of the offender.
``(C) Verification.--
``(i) State agencies.--If a State agency cannot verify
the address of or locate a person required to register with
a minimally sufficient sexual offender registration
program, including a program established under section
170101, the State shall immediately notify the FBI.
``(ii) FBI.--If the FBI cannot verify the address of or
locate a person required to register under subsection (c)
or if the FBI receives notification from a State under
clause (i), the FBI shall--
``(I) classify the person as being in violation of
the registration requirements of the national database;
and
``(II) add the name of the person to the National
Crime Information Center Wanted person file and create
a wanted persons record: Provided, That an arrest
warrant which meets the requirements for entry into the
file is issued in connection with the violation.
``(h) Fingerprints.--
``(1) FBI registration.--For each person required to register
under subsection (c), fingerprints shall be obtained and verified
by the FBI or a local law enforcement official pursuant to
regulations issued by the Attorney General.
``(2) State registration systems.--In a State that has a
minimally sufficient sexual offender registration program,
including a program established under section 170101, fingerprints
required to be registered with the FBI under this section shall be
obtained and verified in accordance with State requirements. The
State agency responsible for registration shall ensure that the
fingerprints and all other information required to be registered is
registered with the FBI.
``(i) Penalty.--A person required to register under paragraph (1),
(2), or (3) of subsection (g) who knowingly fails to comply with this
section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than $100,000;
or
``(B) if the person has been convicted of more than 1
offense described in subsection (b), be imprisoned for up to 1
year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than $100,000.
``(j) Release of Information.--The information collected by the FBI
under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice agencies
for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with section
170101(d)(3); and
``(2) to Federal, State, and local governmental agencies
responsible for conducting employment-related background checks
under section 3 of the National Child Protection Act of 1993 (42
U.S.C. 5119a).
``(k) Notification Upon Release.--Any State not having established
a program described in section 170102(a)(3) must--
``(1) upon release from prison, or placement on parole,
supervised release, or probation, notify each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1) of their duty to register with the FBI; and
``(2) notify the FBI of the release of each offender who is
convicted of an offense described in subparagraph (A) or (B) of
section 170101(a)(1).''.
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to read as
follows:
``(6) Length of registration.--A person required to register
under subsection (a)(1) shall continue to comply with this section,
except during ensuing periods of incarceration, until--
``(A) 10 years have elapsed since the person was released
from prison or placed on parole, supervised release, or
probation; or
``(B) for the life of that person if that person--
``(i) has 1 or more prior convictions for an offense
described in subsection (a)(1)(A); or
``(ii) has been convicted of an aggravated offense
described in subsection (a)(1)(A); or
``(iii) has been determined to be a sexually violent
predator pursuant to subsection (a)(2).''.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by inserting
before the period at the end the following: ``, victim rights
advocates, and representatives from law enforcement agencies''.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071) is amended by adding at the end the following
new subsection:
``(g) Fingerprints.--Each requirement to register under this
section shall be deemed to also require the submission of a set of
fingerprints of the person required to register, obtained in accordance
with regulations prescribed by the Attorney General under section
170102(h).''.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended by
adding at the end the following: ``The person shall include with the
verification form, fingerprints and a photograph of that person.''.
SEC. 7. REGISTRATION INFORMATION.
Section 170101(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is amended to read as
follows:
``(2) Transfer of information to state and the fbi.--The
officer, or in the case of a person placed on probation, the court,
shall, within 3 days after receipt of information described in
paragraph (1), forward it to a designated State law enforcement
agency. The State law enforcement agency shall immediately enter
the information into the appropriate State law enforcement record
system and notify the appropriate law enforcement agency having
jurisdiction where the person expects to reside. The State law
enforcement agency shall also immediately transmit all information
described in paragraph (1) to the Federal Bureau of Investigation
for inclusion in the FBI database described in section 170102.''.
SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT.
State and Federal law enforcement agencies, employees of State and
Federal law enforcement agencies, and State and Federal officials shall
be immune from liability for good faith conduct under section 170102.
SEC. 9. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall issue regulations to carry out this Act and the
amendments made by this Act.
SEC. 10. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
become effective 1 year after the date of enactment of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, 6, and 7 of this Act not later
than 3 years after the date of enactment of this Act, except that the
Attorney General may grant an additional 2 years to a State that is
making good faith efforts to implement such amendments.
(c) Ineligibility for Funds.--
(1) A State that fails to implement the program as described in
sections 3, 4, 5, 6, and 7 of this Act shall not receive 10 percent
of the funds that would otherwise be allocated to the State under
section 506 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756).
(2) Any funds that are not allocated for failure to comply with
section 3, 4, 5, 6, or 7 of this Act shall be reallocated to States
that comply with these sections.
SEC. 11. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Pam Lychner Sexual Offender Tracking and Identification Act of 1996 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (the Act) to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator.
Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration: (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator.
Sets forth provisions regarding: (1) verification procedures; (2) notification of the FBI of changes in residence; (3) release of information by the FBI; and (4) penalties for knowingly failing to register.
Requires disclosure of the information collected by the FBI to Federal, State, and local: (1) criminal justice agencies for law enforcement and community notification purposes; and (2) governmental agencies responsible for conducting employment-related background checks under the National Child Protection Act.
Requires any State not having established a program under the Act to notify: (1) specified sexually violent offenders of their duty to register with the FBI upon release from prison, or placement on parole, supervised release, or probation; and (2) the FBI of the release of such offenders.
(Sec. 3) Amends the Act to: (1) mandate that a person required to register continue to comply with requirements of the Act, except during ensuing periods of incarceration, until ten years after release, or for life under specified circumstances; (2) include victim rights advocates and representatives from law enforcement agencies (LEAs) on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification fingerprints and a photograph.
(Sec. 7) Modifies the Act to require the State LEA to transmit specified information, including identifying factors, anticipated future residence, offense history, and treatment received for the person's mental abnormality or personality disorder, to the FBI for inclusion in its database. (Current law only requires transmission of conviction data and fingerprints.)
(Sec. 8) Makes: (1) State and Federal LEAs, their employees, and State and Federal officials immune from liability for good faith conduct regarding the database; and (2) States failing to implement the program described in this Act ineligible to receive ten percent of funds that would otherwise be allocated to them under the Omnibus Crime Control and Safe Streets Act of 1968. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Environmental
Restoration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes and the connecting channels of the
Great Lakes form the largest freshwater system in the world,
holding \1/5\ of the fresh surface water supply of the world
and \9/10\ of the fresh surface water supply of the United
States;
(2) 30 years after the date of enactment of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), water
quality in the Great Lakes has improved, but the Great Lakes
remain in a degraded state;
(3) evidence of the degraded environment of the Great Lakes
includes--
(A) a record 599 closings of Great Lakes beaches in
2001;
(B) an increase to 20 percent in the percentage of
Great Lakes shoreline that contains polluted sediments;
and
(C) the issuance by State and local authorities of
1,400 fish consumption advisories relating to the Great
Lakes;
(4) the Great Lakes are sources of drinking water for
approximately 40,000,000 people in the United States and
Canada;
(5) in the years since the Great Lakes Water Quality
Agreement was signed and the United States and Canada agreed to
``restore and maintain the chemical, physical, and biological
integrity of the waters of the Great Lakes Basin and give
priority attention to the 43 designated Areas of Concern'', no
sites have been restored in the United States;
(6) it is the responsibility of the Federal Government and
State and local governments to ensure that the Great Lakes
remain a clean and safe source of water for drinking, fishing,
and swimming; and
(7) while the total quantity of resources needed to restore
the Great Lakes is unknown, additional funding is needed now to
augment existing efforts to address the known threats facing
the Great Lakes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Great Lakes
Environmental Restoration Advisory Board established by section
5(a).
(2) Council.--The term ``Council'' means the Great Lakes
Federal Coordination Council established by section 6(a).
(3) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario;
(E) Lake Superior; and
(F) the connecting channels of those Lakes,
including--
(i) the Saint Marys River;
(ii) the Saint Clair River;
(iii) the Detroit River;
(iv) the Niagara River; and
(v) the Saint Lawrence River to the
Canadian border.
(4) Great lakes state.--The term ``Great Lakes State''
means each of the States of Illinois, Indiana, Ohio, Michigan,
Minnesota, New York, Pennsylvania, and Wisconsin.
(5) Program.--The term ``Program'' means the Great Lakes
Environmental Restoration Grant Program established by section
4(a).
(6) Program office.--The term ``Program Office'' means the
Great Lakes National Program Office of the Environmental
Protection Agency.
SEC. 4. GREAT LAKES RESTORATION GRANTS.
(a) Establishment.--There is established a Great Lakes
Environmental Restoration Grant Program, to be administered by the
Program Office.
(b) Grants.--
(1) In general.--In coordination with the Board, the
Program Office shall provide to States, municipalities, and
other applicants grants for use in and around the Great Lakes
in carrying out--
(A) contaminated sediment cleanup;
(B) wetland restoration;
(C) invasive species control and prevention;
(D) coastal wildlife and fisheries habitat
improvement;
(E) public access improvement;
(F) water quality improvement;
(G) sustainable water use;
(H) nonpoint source pollution reduction; or
(I) such other projects and activities to restore,
protect, and assist the recovery of the Great Lakes as
the Board may determine.
(2) Distribution.--In providing grants under this section
for a fiscal year, the Program Office shall ensure that--
(A) at least 1 project or activity is funded in
each Great Lakes State for the fiscal year;
(B) the amount of funds received by each Great
Lakes State under this section for the fiscal year is
at least 6 percent, but not more than 30 percent, of
the total amount of funds made available for grants
under this section for the fiscal year;
(C) each project or activity for which funding is
provided results in 1 or more tangible improvements in
the Great Lakes watershed; and
(D) each project or activity for which funding is
provided addresses 1 or more priority issue areas
identified by the Board for the fiscal year.
(3) Grant evaluation.--
(A) In general.--In evaluating grant proposals, the
Program Office shall give great weight to the ranking
of proposals by the Board under section 5(c)(3).
(B) Decision not to fund.--If the Program Office
decides not to fund a grant proposal ranked by the
Board as 1 of the top 10 proposals meriting funding,
the Program Office shall provide to the Board, not
later than 30 days after the date of the determination,
a written statement explaining the reasons why the
proposal was not funded.
(4) Funding limitations.--Funds provided under the Program
shall not be used for any of the following:
(A) Design, construction, or improvement of a road
except as required in connection with a sewer upgrade.
(B) Design, implementation, or evaluation of a
research or monitoring project or activity except as
required in connection with a project or activity that
will result in a tangible improvement to the Great
Lakes watershed.
(C) Design or implementation of a beautification
project or activity that does not result in a tangible
improvement to the Great Lakes watershed.
(D) Litigation expenses, including legal actions to
address violations of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), or any
other environmental law or regulation.
(E) Lobbying expenses (as defined in section 2 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $600,000,000 for each of fiscal years
2004 through 2013.
(2) Cost sharing.--The Federal share of the cost of any
project or activity carried out using funds made available
under paragraph (1) shall not exceed 80 percent.
(3) In-kind contributions.--The non-Federal share of the
cost of any project or activity carried out using funds made
available under paragraph (1) may be provided in cash or in
kind.
SEC. 5. GREAT LAKES ADVISORY BOARD.
(a) Establishment.--There is established a committee to be known as
the ``Great Lakes Environmental Restoration Advisory Board''.
(b) Membership.--
(1) In general.--The Board shall be composed of 21 voting
members (or designees of the members), of whom--
(A) 8 shall be the Governors of the Great Lakes
States;
(B) 1 shall be Director of the Great Lakes National
Program Office;
(C) 1 shall be the Secretary of the Interior;
(D) 1 shall be the Director of the National Oceanic
and Atmospheric Administration;
(E) 1 shall be the Chief of Engineers;
(F) 1 shall be the Secretary of Agriculture; and
(G) 8 shall be chief executives of cities,
counties, or municipalities in the Great Lakes basin
and selected by the Steering Committee of the Great
Lakes Cities Initiative, including 1 member from each
Great Lakes.
(2) Observers.--The Board may include observers,
including--
(A) the Premiers of the Canadian Provinces of
Ontario and Quebec;
(B) a representative of the Government of Canada;
(C) a representative of the State Department;
(D) 8 representatives of environmental
organizations (with 1 member appointed by the Governor
of each Great Lakes State), including--
(i) Great Lakes United;
(ii) the Lake Michigan Federation;
(iii) the National Wildlife Federation;
(iv) the Sierra Club; and
(v) The Nature Conservancy;
(E) 5 representatives of industry selected by the
chairperson of the Board;
(F) the Chairman of the United States section of
the International Joint Committee;
(G) the Vice Chair of the United States section of
the Great Lakes Fishery Commission;
(H) the Chairman of the Great Lakes Commission; and
(I) 3 representatives of Native Americans selected
by the President.
(3) Date of appointments.--The appointment of each member
of the Board shall be made not later than 90 days after the
date of enactment of this Act.
(4) Term; vacancies.--
(A) Term.--A member of the Board shall be appointed
for 5 years.
(B) Vacancies.--A vacancy on the Board--
(i) shall not affect the powers of the
Board; and
(ii) shall be filled in the same manner as
the original appointment was made.
(5) Meetings.--The Board shall meet at the call of the
chairperson.
(6) Chairperson.--The Board shall select a chairperson of
the Board from the members appointed under paragraph (1)(A).
(c) Duties.--
(1) In general.--Before the beginning of the fiscal year,
the Board shall determine by majority vote, and shall submit to
the Program Office, the funding priority issue areas that shall
apply to all grants provided under section 4 during the fiscal
year.
(2) Great lakes goals.--The priorities shall be based on
environmental restoration goals for the Great Lakes that--
(A) are prepared by the Governors of Great Lakes
States; and
(B) identify specific objectives and the best
methods by which to produce a tangible improvement to
the Great Lakes.
(3) Grants.--
(A) Program office.--The Program Office shall
provide to the Board, in a timely manner, copies of
grant proposals submitted under section 4.
(B) Board.--The Board shall--
(i) review the grant proposals; and
(ii) provide to the Program Office, by a
date specified by the Program Office, a list of
the grant applications that the Board
recommends for funding, ranked in order of the
applications that most merit funding.
SEC. 6. GREAT LAKES FEDERAL COORDINATING COUNCIL.
(a) Establishment.--There is established, in the executive branch,
the Great Lakes Federal Coordinating Council.
(b) Membership.--
(1) In general.--The Council shall consist of--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture;
(C) the Secretary of Commerce;
(D) the Secretary of State;
(E) the Secretary of Transportation;
(F) the Secretary of Health and Human Services;
(G) the Administrator of the Environmental
Protection Agency, acting through the Great Lakes
National Program Office Director;
(H) the Secretary of the Army, acting through the
Chief of Engineers; and
(I) such additional members as are appointed under
paragraph (2).
(2) Additional members.--With the concurrence of a majority
of the members of the Council, the chairperson of the Council
may appoint additional members to the Council from among
individuals who are officers or employees of the Federal
Government with significant responsibilities concerning the
environmental restoration and protection of the Great Lakes.
(c) Chairperson.--The Director of the Great Lakes National Program
Office shall serve as chairperson of the Council.
(d) Meetings.--The Council shall meet at the call of the
chairperson, but not less often than 3 times in each calendar year.
(e) Duties.--
(1) In general.--The Council shall ensure that the efforts
of Federal agencies concerning environmental restoration and
protection of the Great Lakes are coordinated, effective,
complementary, and cost-efficient.
(2) Duties.--To carry out subsection (a), the Council
shall--
(A) ensure that Federal agencies implement the
policies and priorities identified by the Council
through appropriate actions, including working in
cooperation with Federal agencies on development of
budgets for the annual submission by the President to
Congress of the budget of the United States Government
under section 1105 of title 31, United States Code; and
(B) develop and submit to the appropriate
committees of Congress and the Director of the Office
of Management and Budget--
(i) an annual list of priorities for
implementation, ranked in high, medium, and low
categories, under Federal efforts and programs;
and
(ii) a description of accomplishments
under--
(I) the Program; and
(II) as the Council considers
appropriate, other federally funded
grant programs that benefit the Great
Lakes.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000 for each of fiscal
years 2004 through 2006.
SEC. 7. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.
(a) In General.--Section 118(c)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(c)(1)) is amended by striking subparagraph
(B) and inserting the following:
``(B)(i) not later than 2 years after the date of
enactment of this clause, in cooperation with Canada
and appropriate Federal agencies (including the United
States Geological Survey, the National Oceanic and
Atmospheric Administration, and the United States Fish
and Wildlife Service), develop and implement a set of
science-based indicators of water quality and related
environmental factors in the Great Lakes, including, at
a minimum, measures of toxic pollutants that have
accumulated in the Great Lakes for a substantial period
of time, as determined by the Program Office;
``(ii) not later than 4 years after the date of
enactment of this clause--
``(I) establish a Federal network for the
regular monitoring of, and collection of data
throughout, the Great Lakes basin with respect
to the indicators described in clause (i); and
``(II) collect an initial set of benchmark
data from the network; and
``(iii) not later than 2 years after the date of
collection of the data described in clause (ii)(II),
and biennially thereafter, in addition to the report
required under paragraph (10), submit to Congress, and
make available to the public, a report that--
``(I) describes the water quality and
related environmental factors of the Great
Lakes (including any changes in those factors),
as determined through the regular monitoring of
indicators under clause (ii)(I) for the period
covered by the report; and
``(II) identifies any emerging problems in
the water quality or related environmental
factors of the Great Lakes.''.
(b) Authorization of Appropriations.--Section 118 of the Federal
Water Pollution Control Act (33 U.S.C. 1268) is amended by striking
subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section (other than subsection (c)(1)(B))
$25,000,000 for each of fiscal years 2004 through 2008.
``(2) Great lakes water quality indicators and
monitoring.--There are authorized to be appropriated to carry
out subsection (c)(1)(B)--
``(A) $4,000,000 for fiscal year 2004;
``(B) $6,000,000 for fiscal year 2005;
``(C) $8,000,000 for fiscal year 2006; and
``(D) $10,000,000 for fiscal year 2007.''. | Great Lakes Environmental Restoration Act - Establishes a Great Lakes Environmental Restoration Grant Program in the Great Lakes National Program Office of the Environmental Protection Agency (EPA).
Allocates funds among the Great Lakes States, requiring the funding of at least one project or activity per Great Lakes State per fiscal year. Stipulates that these projects result in tangible improvements in the Great Lakes watershed and address at least one of the priority issues identified by the Great Lakes Environmental Restoration Advisory Board.
Prohibits the use of restoration grant funds for: (1) roads not connected with a sewer upgrade; (2) research, monitoring or beautification projects unrelated to tangible improvements to the watershed; or (3) litigation and lobbying expenses.
Establishes the Great Lakes Environmental Restoration Advisory Board which includes Federal, State, and local members as well as Canadian and environmental organization observers.
Establishes the Great Lakes Federal Coordinating Council.
Amends the Federal Water Pollution Control Act to require the Administrator of EPA to: (1) develop and implement science-based indicators of water quality and related environmental factors in the Great Lakes, including measures of accumulated toxic pollutants; (2) establish a Federal network to regularly monitor and collect this data; and (3) make a report available to Congress and the public describing the water quality and related environmental factors of the Great Lakes. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Matthew Shepard Local Law
Enforcement Hate Crimes Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) A prominent characteristic of a violent crime motivated
by bias is that it devastates not just the actual victim and
the family and friends of the victim, but frequently savages
the community sharing the traits that caused the victim to be
selected.
(6) Such violence substantially affects interstate commerce
in many ways, including the following:
(A) The movement of members of targeted groups is
impeded, and members of such groups are forced to move
across State lines to escape the incidence or risk of
such violence.
(B) Members of targeted groups are prevented from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(C) Perpetrators cross State lines to commit such
violence.
(D) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the
commission of such violence.
(E) Such violence is committed using articles that
have traveled in interstate commerce.
(7) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the extent
possible, the badges, incidents, and relics of slavery, it is
necessary to prohibit assaults on the basis of real or
perceived religions or national origins, at least to the extent
such religions or national origins were regarded as races at
the time of the adoption of the 13th, 14th, and 15th amendments
to the Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(10) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States, local jurisdictions,
and Indian tribes.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of State, local, or Tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any
crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or
Tribal laws; and
(C) is motivated by prejudice based on the actual
or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or
disability of the victim, or is a violation of the
State, local, or Tribal hate crime laws.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than one State and
to rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
State, local, and Indian law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program under this subsection, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns
and needs of all affected parties, including community groups
and schools, colleges, and universities, are addressed through
the local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State, local, and Indian law
enforcement agency that desires a grant under this
subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied
by or containing such information as the Attorney
General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State, local, and Indian law
enforcement agency applying for a grant under this
subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, local
government, or Indian tribe lacks the resources
necessary to investigate or prosecute the hate
crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State, local,
and Indian law enforcement agency has consulted
and coordinated with nonprofit, nongovernmental
victim services programs that have experience
in providing services to victims of hate
crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or denied by the Attorney General
not later than 30 business days after the date on which the
Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2008, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2008 and 2009.
SEC. 5. GRANT PROGRAM.
(a) Authority to Award Grants.--The Office of Justice Programs of
the Department of Justice may award grants, in accordance with such
regulations as the Attorney General may prescribe, to State, local, or
Tribal programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL,
AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2008, 2009, and 2010 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 249 of title 18, United States
Code, as added by section 7 of this Act.
SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any
person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, gender identity or disability of any
person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) such certifying individual has reasonable cause to
believe that the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person was a motivating factor underlying
the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State
or local law enforcement officials regarding the prosecution
and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense under this
section, evidence of expression or associations of the defendant may
not be introduced as substantive evidence at trial, unless the evidence
specifically relates to that offense. However, nothing in this section
affects the rules of evidence governing impeachment of a witness.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
13 of title 18, United States Code, is amended by adding at the end the
following:
``249. Hate crime acts.''.
SEC. 8. STATISTICS.
(a) In General.--Subsection (b)(1) of the first section of the Hate
Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting
``gender and gender identity,'' after ``race,''.
(b) Data.--Subsection (b)(5) of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``,
including data about crimes committed by, and crimes directed against,
juveniles'' after ``data acquired under this section''.
SEC. 9. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under federal law or a felony under state, local, or Indian tribal laws; and (2) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim or is a violation of state, local, or tribal hate crime laws.
Directs the Attorney General to give priority for such assistance: (1) with respect to crimes committed by offenders who have committed crimes in more than one state; and (2) to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to assist state, local, and Indian law enforcement agencies with such extraordinary expenses.
Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to state, local or tribal programs designed to combat hate crimes committed by juveniles.
Amends the federal criminal code to impose criminal penalties for causing (or attempting to cause) bodily injury to any person using fire, a firearm, or any explosive or incendiary device because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person. Amends the Hate Crimes Statistics Act to require Attorney General to: (1) acquire data on crimes that manifest evidence of prejudice based on gender and gender identity; and (2) include in an annual summary of such data crimes committed by, and against, juveniles. | billsum_train |
Make a summary of the following text: SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The right to vote is a fundamental and incontrovertible
right under the Constitution.
(2) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the right
to vote is a fundamental right under the Constitution.
(3) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the United
States is a democratic government ``of the people, by the
people, and for the people'' in which every vote counts.
(4) There is a need for Congress to encourage and enable
every eligible American to vote by eliminating procedural
obstacles to voting.
(5) There is a need to counter discrimination in voting by
removing barriers to the exercise of the constitutionally
protected right to vote.
(6) There is a need to ensure that voter registration
processes fairly incorporate every eligible American seeking to
exercise the right to vote.
(7) Participation in the electoral process is a fundamental
civic responsibility in which all eligible Americans should be
encouraged to actively participate.
(8) There is a need to ensure that every eligible American
seeking to exercise the right to vote has access to the
electoral process through a uniform system of voter
registration that includes each voter's personal registration
with an appropriate State or local government election entity.
(9) Congress has authority under section 4 of Article I of
the Constitution of the United States, section 5 of the
Fourteenth Amendment to the Constitution of the United States,
and section 2 of the Fifteenth Amendment to the Constitution of
the United States to enact legislation to address the equal
protection violations that may be caused by unfair voting
systems.
(10) Congress has an obligation to ensure that the States
and localities improve election administration and to ensure
the integrity of full participation of all Americans in the
democratic election process.
SEC. 2. REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON WITH AN
OFFICER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT
ENTITY.
(a) In General.--
(1) Application of requirements to voters not registering
in person.--Section 303(b)(1)(A) of the Help America Vote Act
of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as
follows:
``(A) the individual--
``(i) registered to vote in a jurisdiction
by mail; or
``(ii) did not register to vote in a
jurisdiction in person with an officer or
employee of a State or local government entity;
and''.
(2) Meaning of in person.--Paragraph (1) of section 303(b)
of such Act is amended by inserting at the end the following:
``For purposes of subparagraph (A)(ii), an individual shall not
be considered to have registered in person if the registration
is made by a person other than the person whose name appears on
the voter registration form.''.
(b) Conforming Amendment.--The heading for subsection (b) of
section 303 of such Act is amended by inserting ``and Who Do Not
Register in Person'' after ``Mail''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 303 of the Help America Vote Act of
2002.
SEC. 3. INCREASED PENALTIES RELATING TO FRAUDULENT VOTER REGISTRATION
IN CASES INVOLVING 10 OR MORE VIOLATIONS.
(a) False Information in Registering or Voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) is
amended by inserting at the end the following: ``In the case of any
person who is found to have been in violation of this section with
respect to 10 or more voter registrations, this section shall be
applied by substituting `$20,000' for `$10,000' and by substituting
`ten years' for `five years' with respect to each such violation.''.
(b) Penalty Under National Voter Registration Act of 1993.--Section
12 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-10)
is amended by inserting at the end the following: ``In the case of any
person who is found to have been in violation of paragraph (2)(A) with
respect to 10 or more registration applications, such person shall be
fined not less $500,000 ($1,000,000 in the case of an organization) or
shall be imprisoned not more than 10 years, or both, and any such fine
shall be paid into the general fund of the Treasury as provided in the
preceding sentence.''.
(c) Effective Date.--The amendments made by this section shall
apply to violations occurring after the date of the enactment of this
Act. | Amends the Help America Vote Act of 2002 to require a State to apply the same self-identification requirements currently applicable to voters who register by mail also to those voters who do not register in person with an officer or employee of a State or local government entity.
Amends the Voting Rights Act of 1965 and the National Voter Registration Act to provide for increased penalties relating to fraudulent voter registration in cases involving ten or more violations. | billsum_train |
Make a brief summary of the following text: SECTION 1. PROFESSIONAL DEVELOPMENT FOR ELEMENTARY SCHOOL PRINCIPALS IN
EARLY CHILDHOOD EDUCATION AND DEVELOPMENT.
(a) In General.--Part A of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at
the end the following:
``Subpart 6--Professional Development for Elementary School Principals
in Early Childhood Education and Development
``SEC. 2161. PURPOSE.
``The purpose of this subpart is to improve the knowledge of
elementary school principals in areas related to early childhood
education and development in order to--
``(1) create high quality early learning environments;
``(2) provide a continuum of learning through the third
grade with developmentally effective and appropriate curricula
and teaching practices;
``(3) establish partnerships and collaboration with
community-based early childhood education providers and
families to better support--
``(A) learning at each stage;
``(B) effective transition among settings; and
``(C) continuous family engagement; and
``(4) support school readiness by providing high quality
professional development for elementary school principals.
``SEC. 2162. DEFINITION OF PRINCIPAL COMPETENCIES IN EARLY CHILDHOOD
EDUCATION AND DEVELOPMENT.
``(a) In General.--In this subpart, the term `principal
competencies in early childhood education and development' means the
skills that--
``(1) elementary school principals must know and be able to
do; and
``(2) are acquired through high quality professional
development in early childhood education and developmentally
appropriate practice.
``(b) Inclusions.--The principal competencies in early childhood
education and development include--
``(1) supporting an expanded continuum of learning through
the third grade to ensure an effective transition from early
learning or home settings to the primary school years;
``(2) engaging the school community to partner with early
learning programs, and working with families to set a shared
vision for understanding early childhood development;
``(3) supporting teachers through strong instructional
leadership; and
``(4) providing safe and supportive early learning
environments that focus on the needs of the whole child,
including the intellectual, social, emotional, physical, and
nutritional well-being of children; and
``(5) utilizing multiple measures of developmentally
appropriate assessment and acquiring the ability to manage and
use data effectively to make instructional decisions.
``SEC. 2163. GRANT PROGRAM AUTHORIZED.
``(a) Grants to Partnerships.--
``(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to partnerships described in
paragraph (2) to enable the partnerships to carry out the
authorized activities described in subsection (b).
``(2) Partnerships.--A partnership referred to in paragraph
(1) shall consist of--
``(A) a public or private entity with a
demonstrated capacity to provide professional
development for elementary school principals;
``(B) one or more public agencies, including--
``(i) a local educational agency;
``(ii) a State educational agency;
``(iii) a State human services agency;
``(iv) a State lead agency administering a
program under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.);
``(v) a public agency administering a State
funded prekindergarten program; or
``(vi) a Head Start agency, including an
Early Head Start agency; and
``(C) one or more early childhood education
organizations that provide professional development to
early childhood education providers.
``(3) Duration.--The Secretary shall award a grant under
this subpart for a period of not less than 3 years.
``(4) Renewal.--The Secretary may renew a grant under this
subpart if the Secretary determines, on the basis of the
evaluations submitted under subsection (e)(1)(B), that the
programs and activities carried out under the grant have been
effective.
``(b) Authorized Activities.--
``(1) Required uses.--Each partnership receiving a grant
under this subpart shall use the grant funds--
``(A) to carry out high quality professional
development to help elementary school principals
acquire principal competencies in early childhood
education and development in order to support increased
school readiness for students;
``(B) to gain a knowledge base and capacity to
provide high quality early childhood education; and
``(C) to work collaboratively with early childhood
education providers, services providers, and families
in creating a continuum of high quality development and
learning for children in the community and school
settings.
``(2) Allowable activities.--The activities described in
paragraph (1) may include providing professional development
programs for elementary school principals, including mentoring
programs and other means of professional learning, in--
``(A) early childhood education and development in
all domains (including language arts and literacy,
mathematics, emotional development, social development,
approaches to learning, physical development, science,
and creative arts), and the continuity of standards and
high quality curriculum and teaching practices from
prekindergarten through the third grade, with emphasis
on meeting the needs of children with disabilities and
English language learners;
``(B) safe and supportive early learning
environments that focus on the social, emotional, and
cognitive needs of children;
``(C) collaborating with early childhood education
providers and other community based organizations to
provide multiple educational and social service
programs to meet the needs of children in
prekindergarten through the third grade related to
learning and development; and
``(D) providing ongoing transition services for
children through active family engagement.
``(c) Priority.--In awarding grants under this subpart the
Secretary shall give priority to supporting professional development
programs that target opportunities for elementary school principals--
``(1) to participate in high quality induction and
mentoring programs for principals during the principals' first
5 years of employment as a principal;
``(2) to better understand ways to enhance family
engagement and transition strategies, improve transition
services, and work more collaboratively with community-based
early childhood education providers;
``(3) to create a continuum of high quality teaching and
learning for children in prekindergarten through the third
grade; and
``(4) to participate in ongoing professional development,
which may include mentoring programs for veteran principals in
the education field.
``(d) Applications.--
``(1) In general.--Each partnership desiring a grant under
this subpart shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require.
``(2) Contents required.--Each application submitted to the
Secretary under paragraph (1) shall include--
``(A) a description of the professional development
for elementary school principals that will be provided
under the grant, including how the principals will
access professional development;
``(B) a description of the professional development
described in subparagraph (A) that will be provided in
rural areas if applicable;
``(C) how the professional development will
address--
``(i) child development and learning and
the relationship of such development and
learning to providing--
``(I) safe, supportive, and
engaging learning environments; and
``(II) support for instructional
and educational staff in using
developmentally appropriate curricula,
assessments, and other practices;
``(ii) outreach and engagement of families
in their child's learning;
``(iii) opportunities to collaborate with
community based organizations on continuity of
standards, curricula, family education, and
transition services from community based
settings to schools and from year to year;
``(iv) collaborative planning to support
developmentally appropriate interactions
between teachers, children, and the families of
children; and
``(v) sustainability of the ongoing
professional development upon completion of the
grant term.
``(e) Evaluation and Dissemination.--
``(1) Evaluation.--
``(A) In general.--Each partnership that receives a
grant under this subpart shall conduct an ongoing
evaluation to--
``(i) assess the effectiveness of the
programs and activities carried out under the
grant;
``(ii) assess whether professional
development programs for elementary school
principals in early childhood education may
lead to improved school performance; and
``(iii) determine how effective
professional development programs and
activities can be replicated.
``(B) Submission.--The results of the evaluation
described in subparagraph (A) shall be submitted to the
Secretary annually.
``(2) Dissemination.--Using funds made available under this
subpart, the Secretary shall establish a panel of leading
experts in elementary and early childhood education, including
researchers, elementary school principals, and classroom
practitioners, to--
``(A) identify best practices in professional
development for elementary school principals in early
childhood education, and review effective coordination
of professional development among the partnerships
receiving grants under this subpart; and
``(B) disseminate to the public the latest research
and findings in professional development for elementary
school principals in early childhood education,
including through reports and technical assistance.
``(f) Inapplicability.--The provisions of subparts 1 through 5
shall not apply to this subpart.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this subpart
for fiscal year 2011 and each of the 4 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 2151 the following:
``subpart 6--professional development for elementary school principals
in early childhood education and development
``Sec. 2161. Purpose.
``Sec. 2162. Definition of principal competencies in early childhood
education and development.
``Sec. 2163. Grant program authorized.''. | Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award competitive grants to partnerships to: (1) provide high quality professional development to elementary school principals in early childhood education and development; (2) gain a knowledge base and capacity to provide high quality early childhood education; and (3) collaborate with early childhood education providers, services providers, and families in creating a continuum of high quality development and learning for children in the community and school settings.
Requires each partnership to consist of: (1) a public or private entity experienced in training elementary school principals; (2) at least one public agency; and (3) at least one early childhood education organization that trains early childhood education providers.
Requires grantees to conduct an ongoing evaluation of the effectiveness of their grant-funded programs and activities.
Directs the Secretary to establish a panel of leading experts in elementary and early childhood education to: (1) identify the best practices in professional development for elementary school principals in early childhood education; (2) review the effective coordination of such training among this Act's grantees; and (3) disseminate the latest research and findings regarding such training. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Tax Relief
Guarantee Act of 2004''.
(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 SUNSET OF THE ECONOMIC GROWTH AND TAX RELIEF
RECONCILIATION ACT OF 2001.
Title IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 is hereby repealed.
SEC. 3. REPEAL OF SCHEDULED REDUCTIONS IN TAX BENEFITS PROVIDED BY THE
JOBS AND GROWTH TAX RELIEF RECONCILIATION ACT OF 2003.
(a) Child Tax Credit.--Subsection (a) of section 24 (relating to
child tax credit) is amended to read as follows:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year with
respect to each qualifying child of the taxpayer an amount equal to
$1,000.''
(b) Marriage Penalty Relief in Standard Deduction.--
(1) In general.--Paragraph (2) of section 63(c) (relating
to basic standard deduction) is amended to read as follows:
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) 200 percent of the dollar amount in effect
under subparagraph (C) for the taxable year in the case
of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)),
``(B) $4,400 in the case of a head of household (as
defined in section 2(b)), or
``(C) $3,000 in any other case.''.
(2) Conforming amendments.--
(A) Section 63(c)(4) is amended by striking
``(2)(D)'' each place it occurs and inserting
``(2)(C)''.
(B) Section 63(c) is amended by striking paragraph
(7).
(c) Marriage Penalty Relief in 15-Percent Income Tax Bracket.--
Paragraph (8) of section 1(f) is amended to read as follows:
``(8) Elimination of marriage penalty in 15-percent
bracket.--With respect to taxable years beginning after
December 31, 2004, in prescribing the tables under paragraph
(1)--
``(A) the maximum taxable income in the 15-percent
rate bracket in the table contained in subsection (a)
(and the minimum taxable income in the next higher
taxable income bracket in such table) shall be 200
percent of the maximum taxable income in the 15-percent
rate bracket in the table contained in subsection (c)
(after any other adjustment under this subsection), and
``(B) the comparable taxable income amounts in the
table contained in subsection (d) shall be \1/2\ of the
amounts determined under subparagraph (A).''
(d) 10-Percent Rate Bracket.--
(1) In general.--Clause (i) of section 1(i)(1)(B) is
amended by striking ``($12,000 in the case of taxable years
beginning after December 31, 2004, and before January 1,
2008)''.
(2) Inflation adjustment.--Subparagraph (C) of section
1(i)(1) is amended to read as follows:
``(C) Inflation adjustment.--In prescribing the
tables under subsection (f) which apply with respect to
taxable years beginning in calendar years after 2003--
``(i) the cost-of-living adjustment shall
be determined under subsection (f)(3) by
substituting `2002' for `1992' in subparagraph
(B) thereof, and
``(ii) the adjustments under clause (i)
shall not apply to the amount referred to in
subparagraph (B)(iii).
If any amount after adjustment under the preceding
sentence is not a multiple of $50, such amount shall be
rounded to the next lowest multiple of $50.''
(e) Permanent Reduction in Capital Gains Rates for Individuals and
in Taxation of Dividends.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is hereby repealed.
(f) Expensing Under Section 179.--
(1) Paragraph (1) of section 179(b) is amended by striking
``$25,000 ($100,000 in the case of taxable years beginning
after 2002 and before 2006)'' and inserting ``$100,000''.
(2) Paragraph (2) of section 179(b) is amended by striking
``$200,000 ($400,000 in the case of taxable years beginning
after 2002 and before 2006)'' and inserting ``$400,000''.
(g) Bonus Depreciation.--
(1) In general.--So much of section 168(k) as precedes
paragraph (2) is amended to read as follows:
``(k) Special Allowance for Certain Property Acquired After May 5,
2003.--
``(1) Additional allowance.--In the case of any qualified
property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 50 percent of the adjusted basis of
the qualified property, and
``(B) the adjusted basis of the qualified property
shall be reduced by the amount of such deduction before
computing the amount otherwise allowable as a
depreciation deduction under this chapter for such
taxable year and any subsequent taxable year.''
(2) Conforming amendments.--
(A) Subparagraph (A) of section 168(k)(2) is
amended by striking clauses (ii), (iii), and (iv) and
inserting the following new clauses:
``(ii) the original use of which commences
with the taxpayer after May 5, 2003, and
``(iii) which is acquired by the taxpayer
after May 5, 2003, but only if no written
binding contract for the acquisition was in
effect before May 6, 2003.''
(B) Paragraph (2) of section 168(k) is amended by
striking subparagraph (B) and by redesignating
subparagraphs (C), (D), (E), and (F) as subparagraphs
(B), (C), (D), and (E), respectively.
(C) Clause (i) of section 168(k)(2)(C), as so
redesignated, is amended by striking ``after September
10, 2001, and before January 1, 2005'' and inserting
``after May 5, 2003''.
(D) Clause (ii) of section 168(k)(2)(C), as so
redesignated, is amended by striking ``September 10,
2001'' and inserting ``May 5, 2003''.
(E) Clause (i) of section 168(k)(2)(D), as so
redesignated, is amended by striking ``$4,600'' and
inserting ``$7,650''.
(F) Paragraph (4) of section 168(k) is amended to
read as follows:
``(4) Election of 30-percent bonus deprecation.--If a
taxpayer makes an election under this subparagraph with respect
to any class of property for any taxable year--
``(A) paragraph (1)(A) shall be applied by
substituting `30 percent' for `50 percent' with respect
to all property in such class placed in service during
such taxable year, and
``(B) subparagraph (E)(i) shall be applied by
substituting `$4,600' for `$7,650' with respect to
automobiles (if any) which are part of such class.''
(h) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2004.
(2) Bonus depreciation.--The amendments made by subsection
(g) shall apply to property placed in service after May 5,
2003, in taxable years ending after such date. | Tax Relief Guarantee Act of 2004 - Repeals the current termination date (December 31, 2010) of the Economic Growth and Tax Relief Reconciliation Act of 2001.
Amends the Internal Revenue Code to repeal: (1) the reductions in the amount of the child income tax credit scheduled for taxable years 2005 through 2009 and to set the amount of such credit at $1,000 for all taxable years after 2004; (2) the reductions in the basic standard deduction percentage for married couples filing joint tax returns scheduled for taxable years 2005 through 2008; (3) the reductions in the percentage applicable to the maximum taxable income in the 15 percent tax bracket for married couples filing joint tax returns scheduled for taxable years 2005 through 2007; and (4) the reduction in the income threshold amount for ten percent income tax rate eligibility scheduled for taxable years 2005 through 2007.
Repeals the current termination date (December 31, 2008) of provisions in the Jobs and Growth Tax Relief Reconciliation Act of 2003 reducing capital gains tax rates and allowing the taxation of dividends at capital gain tax rates.
Amends the Internal Revenue Code to: (1) set the dollar limitation for the expense deduction for depreciable business assets at $100,000 for all taxable years after 2004 and to permanently increase to $400,000 the threshold amount for determining reductions in the dollar limitation of such deduction; (2) increase the percentage of the additional depreciation allowance for property acquired after May 5, 2003, from 30 to 50 percent. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Senior Executive
Service Reform Act of 2003''.
(b) References.--Except as otherwise expressly provided, whenever
in this title an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 5, United States Code.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Amendments relating to basic pay.
Sec. 3. Locality pay adjustment limitation.
Sec. 4. Annual leave enhancements.
Sec. 5. Expanded Senior Executive Service limited appointment
authority.
Sec. 6. Effective date.
SEC. 2. AMENDMENTS RELATING TO BASIC PAY.
(a) Basic Pay for Senior Executive Service Positions.--
(1) Pay range.--Section 5382 is amended to read as follows:
``Sec. 5382. Range in rates of pay for the senior executive service
``Each senior executive is entitled to basic pay at the rate
determined for such senior executive under section 5383, except that no
rate so determined may be--
``(1) greater than the rate of basic pay for level III of
the Executive Schedule, or
``(2) less than the minimum rate of basic pay payable under
section 5376.''.
(2) Setting individual rates.--Subsection (a) of section
5383 is amended to read as follows:
``(a)(1) Subject to section 5382, each appointing authority shall
determine the rate of basic pay which shall be paid to each senior
executive under such appointing authority.
``(2) A determination under this subsection shall, with respect to
any senior executive, be made based on such senior executive's
experience and capabilities, the responsibilities of the position such
senior executive holds, and such other criteria as the Office of
Personnel Management may by regulation prescribe.''.
(3) Limitation on adjustments.--Subsection (c) of section
5383 is amended by striking ``Except'' and all that follows
through ``title,'' and inserting ``Except as otherwise provided
in regulations under section 5385,''.
(b) Basic Pay for Other Positions.--Sections 5372(b)(1)(C),
5372a(b)(1), and 5376(b)(1)(B) are amended by striking ``level IV''
each place it appears and inserting ``level III''.
(c) Coordination Provisions.--
(1) In general.--For purposes of determining the rate of
compensation for any position described in paragraph (2), the
President may, after the effective date set forth in section 6,
continue to adjust rates of basic pay for the Senior Executive
Service to the same extent and in the same manner as if the
amendments made by this section had not been enacted.
(2) Applicability.--This subsection applies with respect to
any position the rate of compensation for which is set, by or
under any provision of law enacted before the effective date
set forth in section 6, by reference to a level or rate of pay
for the Senior Executive Service.
(3) Special rules.--The following special rules shall apply
for purposes of carrying out this subsection:
(A) Section 5382(b) of title 5, United States Code,
as last in effect before the effective date specified
in section 6, shall be deemed to have been amended by
striking ``level IV'' and inserting ``level III''.
(B)(i) Notwithstanding any other provision of law,
after the effective date specified in section 6, the
President may, on his own initiative, provide for such
comparability payments for the Senior Executive Service
as he considers necessary in order to carry out the
purposes described in paragraph (1).
(ii) For purposes of this subparagraph, section
5304(g)(2) of such title 5 shall, to the extent that it
relates to the Senior Executive Service, be deemed to
have been amended by striking ``level III'' and
inserting ``level II''.
(4) Limited effect.--Any adjusted rates of pay and any
comparability payments fixed for the Senior Executive Service
under this subsection shall not have any force or effect except
as provided in paragraph (1) or (3)(B).
(d) Technical and Conforming Amendments.--
(1) Limitations on pay fixed by administrative action.--
(A) Section 5306.--Section 5306(d) is amended by
striking the period and inserting ``, including under
section 5372, 5376, or 5383.''.
(B) Section 5373.--Section 5373(a) is amended--
(i) by striking ``or'' at the end of
paragraph (3);
(ii) by striking paragraph (4) and
inserting the following:
``(4) section 4802, 5372, 5376, or 5383; or''; and
(iii) by redesignating the second paragraph
(4) (as added by section 10702(c)(3) of Public
Law 107-171 (116 Stat. 517)) as paragraph (5).
(2) References to section 5382.--
(A) The analysis for chapter 53 is amended by
striking the item relating to section 5382 and
inserting the following:
``5382. Range in rates of pay for the senior executive service.''.
(B) Section 3161(d)(2) is amended by striking
``established'' and inserting ``allowable''.
(C) Sections 4507(e)(1) and 5384(a)(2) are each
amended by striking ``5382'' and inserting ``5383''.
SEC. 3. LOCALITY PAY ADJUSTMENT LIMITATION.
Paragraph (2) of section 5304(g) is amended to read as follows:
``(2) The applicable maximum under this subsection shall--
``(A) for any positions under subparagraphs (A)-(E) of
subsection (h)(1), be level II of the Executive Schedule; and
``(B) for any positions under subsection (h)(1)(F) which
the President may determine, be level III of the Executive
Schedule.''.
SEC. 4. ANNUAL LEAVE ENHANCEMENTS.
(a) In General.--Section 6303 is amended by adding at the end the
following:
``(e)(1) Notwithstanding any provision of subsection (a), the rate
of accrual of annual leave in the case of an employee under paragraph
(2) is one day for each full biweekly pay period.
``(2) This subsection applies to an employee in a position paid
under section 5376 or 5383, or for an employee in an equivalent
category of positions (as determined under regulations of the Office of
Personnel Management) for which the minimum rate of basic pay is not
less than 120 percent of the minimum rate of basic pay payable for GS-
15 of the General Schedule.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to pay periods beginning on or after the effective
date set forth in section 6.
SEC. 5. EXPANDED SENIOR EXECUTIVE SERVICE LIMITED APPOINTMENT
AUTHORITY.
(a) Definitions.--Section 3132(a) is amended--
(1) by striking paragraphs (5) and (6), and inserting the
following:
``(5) `limited term appointee' means an individual
appointed under a nonrenewable appointment to a Senior
Executive Service position for a term fixed in accordance with
section 3394(d) and the duties of which position will expire at
the end of such term;
``(6) `limited emergency appointee' means an individual
appointed under a nonrenewable appointment to a Senior
Executive Service position, established to meet a bona fide,
unanticipated, urgent need, for a term fixed in accordance with
section 3394(c);''; and
(2) by striking paragraph (8) and inserting the following:
``(8) `career reserved position' means a position which is
designated under subsection (b) and which may be filled either
by--
``(A) a career appointee;
``(B) a limited term appointee or limited emergency
appointee who--
``(i) is appointed to such position under
section 3394; and
``(ii) immediately before entering such
position, was serving under a career or career-
conditional appointment outside the Senior
Executive Service (or an appointment of
equivalent tenure, as determined by the
Office); or
``(C) a limited term appointee or limited emergency
appointee who is reassigned to such position under
section 3395(b); and''.
(b) Duration of Limited Appointments.--Section 3394 is amended by
adding at the end the following:
``(c)(1) A limited emergency appointee may be appointed for a
period of not to exceed 1 year.
``(2) If the exigencies of the public business so require, such
appointment may be extended for not to exceed 1 year.
``(3) The authorities under paragraphs (1) and (2) shall be
available subject to section 3395(c).
``(d)(1) A limited term appointee may be appointed for a period of
not to exceed 4 years.
``(2) If the exigencies of the public business so require, such
appointment may be extended for not to exceed 2 years.
``(3) The authorities under paragraphs (1) and (2) shall be
available subject to section 3395(c).''.
(c) Reassignment Within the Senior Executive Service.--
(1) In general.--Subsection (b) of section 3395 is amended
to read as follows:
``(b)(1)(A) Notwithstanding section 3394(b), a limited emergency
appointee may be reassigned to another Senior Executive Service
position in the same agency established to meet a bona fide,
unanticipated, urgent need, except that the appointee may not serve in
1 or more positions in such agency under such appointment in excess of
the term allowable under section 3394(c) (1) and (2).
``(B) An individual may not be reassigned under this paragraph to a
career reserved position without the prior approval of the exercise of
that reassignment authority by the Office of Personnel Management.
``(2)(A) Notwithstanding section 3394(b), a limited term appointee
may be reassigned to another Senior Executive Service position in the
same agency the duties of which will expire at the end of that
individual's term, except that the appointee may not serve in 1 or more
positions in the agency under such appointment in excess of the term
allowable under section 3394(d) (1) and (2).
``(B) An individual may not be reassigned under this paragraph to a
career reserved position without the prior approval of the exercise of
that reassignment authority by the Office of Personnel Management.''.
(2) Limitation on aggregate service.--Section 3395(c) is
amended--
(A) by striking ``48 months'' and inserting ``10
years''; and
(B) by striking ``36 months'' and inserting ``7
years''.
(d) Reemployment Rights for Certain Appointees in the Senior
Executive Service.--
(1) In general.--Section 3594 is amended by redesignating
subsection (c) as subsection (d) and by inserting after
subsection (b) the following:
``(c) A limited emergency appointee or limited term appointee who
was appointed from a civil service position held under a career or
career-conditional appointment (or an appointment of equivalent tenure,
as determined by the Office) and who, for reasons other than
misconduct, neglect of duty, or malfeasance, is removed from the Senior
Executive Service shall be entitled to be placed in a civil service
position (other than a Senior Executive Service position) in any
agency.''.
(2) Conforming amendments.--Section 3594(d) (as so
redesignated by paragraph (1)) is amended--
(A) by striking ``subsections (a) and (b)'' and
inserting ``subsections (a), (b), and (c)''; and
(B) by adding at the end the following:
``(3) A limited emergency appointee or limited term appointee
described in subsection (c) shall be entitled to the same rights under
this subsection as a career appointee described in subsection (a).''.
(e) Applicability; Savings Provision; Transition Rule.--
(1) Applicability.--The amendments made by this section
shall apply with respect to appointments made on or after the
effective date specified in section 6.
(2) Savings provisions.--Appointments made prior to the
effective date specified in section 6 shall continue to be
governed by provisions of title 5, United States Code, applied
as if this section had not been enacted.
(3) Transition rule.--
(A) In general.--Service as a limited term
appointee or limited emergency appointee performed
before the effective date specified in section 6 shall
not be taken into account for purposes of applying
section 3395(c) of title 5, United States Code, as
amended by this section.
(B) Definitions.--For purposes of this paragraph,
the terms ``limited term appointee'' and ``limited
emergency appointee'' have the meanings set forth in
section 3132(a) of such title 5, as in effect before
such effective date.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect 90 days after the
date of the enactment of this Act. | Senior Executive Service Reform Act of 2003 - Prohibits pay rates for members of the Senior Executive Service (SES) from being: (1) greater than that for level III of the Executive Schedule (ES); or (2) less the minimum rate of basic pay for senior level positions classified above GS-15. Requires each appointing authority to determine such rates based on the executive's experience and capabilities, responsibilities of the position, and such other criteria as the Office of Personnel Management may prescribe.Provides pay increases for administrative law judges, Contract Appeals Board members, and certain senior level positions by raising the ES level on which their pay is based. Authorizes the President to provide for such SES comparability pay adjustments as necessary to conform to such increased rates.Establishes as the maximum annual rate of pay, including comparability pay adjustments: (1) ES level II for SES positions, including positions in the Federal Bureau of Investigation and the Drug Enforcement Administration; and (2) ES level III for Federal positions not covered by the General Schedule for which the rate of pay is no more than the ES level IV rate.Provides one day of annual leave for each full biweekly pay period for positions classified above GS-15, senior executives, and employees for which the minimum rate of basic pay is not less than 120 percent of the GS-15 rate.Limits the duration of limited emergency appointments to one year and of limited term appointments to four years, allowing extensions if exigencies of the public business so require. Outlines reassignment authority for such employees. Increases limits on aggregate service. Provides reemployment rights. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognize, Assist, Include, Support,
and Engage Family Caregivers Act of 2015'' or the ``RAISE Family
Caregivers Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Family Caregiving Advisory Council convened under section
4.
(2) Family caregiver.--The term ``family caregiver'' means
a relative, partner, friend, or neighbor who has a significant
relationship with, and who provides a broad range of assistance
for, a person with a chronic or other health condition,
disability, or functional limitation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Strategy.--The term ``Strategy'' means the National
Family Caregiving Strategy established, maintained, and updated
under section 3.
SEC. 3. NATIONAL FAMILY CAREGIVING STRATEGY.
(a) In General.--The Secretary, in consultation with the heads of
other appropriate Federal agencies, shall develop, maintain, and
periodically update a National Family Caregiving Strategy.
(b) Contents.--The Strategy shall identify specific actions that
Federal, State, and local governments, communities, health care, long-
term services and supports and other providers, employers, and others
can take to recognize and support family caregivers in a culturally
competent manner, including with respect to the following:
(1) Promoting greater adoption of person- and family-
centered care in all health and long-term services and supports
settings, with the person receiving services and support and
the family caregiver (as appropriate) at the center of care
teams.
(2) Assessment and service planning (including care
transitions and coordination) involving family caregivers and
care recipients.
(3) Training and other supports.
(4) Information, education, referral, and care
coordination, including hospice, palliative care, and advance
planning services.
(5) Respite options.
(6) Financial security.
(7) Workplace policies and supports that allow family
caregivers to remain in the workforce.
(c) Responsibilities of the Secretary.--The Secretary, in carrying
out this section, shall be responsible for the following:
(1) Collecting and making publically available information,
including evidence-based or promising practices and innovative
models (both domestically and internationally) regarding the
provision of care by family caregivers or support for family
caregivers.
(2) Coordinating Federal Government programs and activities
to recognize and support family caregivers while ensuring
maximum effectiveness and avoiding unnecessary duplication.
(3) Providing technical assistance, such as best practices
and information sharing, to State or local efforts, as
appropriate, to support family caregivers.
(4) Addressing disparities in recognizing and supporting
family caregivers and meeting the needs of the diverse family
caregiving population.
(5) Assessing all Federal programs regarding family
caregivers, including with respect to funding levels.
(d) Initial Strategy; Updates.--The Secretary shall--
(1) not later than 18 months after the date of enactment of
this Act, develop, publish, and submit to Congress the initial
Strategy incorporating the items addressed in the Advisory
Council's report in section 4(d)(2) and other priority actions
for recognizing and supporting family caregivers; and
(2) not less than annually, update, republish, and submit
to Congress the Strategy, taking into account the most recent
annual report submitted under section 4(d)(1)--
(A) to reflect new developments, challenges,
opportunities, and solutions; and
(B) to assess progress in implementation of the
Strategy and, based on the results of such assessment,
recommend priority actions for such implementation.
(e) Process for Public Input.--The Secretary shall establish a
process for public input to inform the development of, and updates to,
the Strategy, including a process for the public to submit
recommendations to the Advisory Council and an opportunity for public
comment on the proposed Strategy.
(f) No Preemption.--Nothing in this Act preempts any authority of a
State or local government to recognize or support family caregivers.
SEC. 4. FAMILY CAREGIVING ADVISORY COUNCIL.
(a) Convening.--The Secretary shall convene a Family Caregiving
Advisory Council to provide advice to the Secretary on recognizing and
supporting family caregivers.
(b) Membership.--
(1) In general.--The members of the Advisory Council shall
consist of--
(A) the Federal members under paragraph (2); and
(B) the appointed members under paragraph (3).
(2) Federal members.--The Federal members of the Advisory
Council shall consist of the following:
(A) The Administrator of the Centers for Medicare &
Medicaid Services (or the Administrator's designee).
(B) The Administrator of the Administration for
Community Living (or the Administrator's designee who
has experience in both aging and disability).
(C) The Assistant Secretary for the Administration
for Children and Families (or the Assistant Secretary's
designee).
(D) The Secretary of Veterans Affairs (or the
Secretary's designee).
(E) The Secretary of Labor (or the Secretary's
designee).
(F) The Secretary of the Treasury (or the
Secretary's designee).
(G) The National Coordinator for Health Information
Technology (or the National Coordinator's designee).
(H) The heads of other Federal departments or
agencies (or their designees), as appointed by the
President or the Chair of the Advisory Council.
(3) Appointed members.--In addition to the Federal members
under paragraph (2), the Secretary shall appoint not more than
15 members of the Advisory Council who are not representatives
of Federal departments or agencies and who shall include at
least one representative of each of the following:
(A) Family caregivers.
(B) Older adults with long-term services and
supports needs.
(C) Individuals with disabilities.
(D) Advocates for family caregivers, older adults
with long-term services and supports needs, and
individuals with disabilities.
(E) Health care and social service providers.
(F) Long-term-services-and-support providers.
(G) Employers.
(H) Direct care workers or advocates for such
workers.
(I) State and local officials.
(J) Accreditation bodies.
(K) Relevant industries.
(L) Veterans.
(M) As appropriate, other experts in family
caregiving.
(4) Diverse representation.--The Secretary shall ensure
that the membership of the Advisory Council reflects the
diversity of--
(A) the overall population; and
(B) family caregivers.
(c) Meetings.--The Advisory Council shall meet quarterly. Meetings
of the Advisory Council shall be open to the public.
(d) Advisory Council Annual Reports.--
(1) In general.--Not later than 15 months after the date of
enactment of this Act, and annually thereafter, the Advisory
Council shall submit to the Secretary and Congress a report
concerning the development, maintenance, and updating of the
Strategy and the implementation thereof, including a
description of the outcomes of the recommendations and
priorities under paragraph (2), as appropriate. Such report
shall be made publically available by the Advisory Council.
(2) Initial report.--The Advisory Council's initial report
under paragraph (1) shall include--
(A) an inventory and assessment of all federally
funded efforts to recognize and support family
caregivers and the outcomes of such efforts, including
analyses of the extent to which federally funded
efforts are reaching family caregivers and gaps in such
efforts;
(B) recommendations for priority actions--
(i) to improve and better coordinate
programs; and
(ii) to deliver services based on the
performance, mission, and purpose of a program
while eliminating redundancies and ensuring the
needs of family caregivers are met;
(C) recommendations to reduce the financial impact
and other challenges of caregiving on family
caregivers; and
(D) an evaluation of how family caregiving impacts
the Medicare program, the Medicaid program, and other
Federal programs.
SEC. 5. SHARING OF DATA.
The heads of Federal departments and agencies, as appropriate,
shall share with the Secretary any data that is--
(1) maintained by the respective department or agency; and
(2) needed by the Secretary to prepare the initial and
updated Strategies under section 3(d).
SEC. 6. SUNSET PROVISION.
The authority and obligations established by this Act shall
terminate on December 31, 2030. | Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2015 or the RAISE Family Caregivers Act This bill directs the Department of Health and Human Services (HHS) to develop, maintain, and periodically update a National Family Caregiving Strategy. HHS shall convene a Family Caregiving Advisory Council to advise it on recognizing and supporting family caregivers. Federal departments and agencies must share with HHS any data they maintain that HHS needs to prepare the initial and updated Strategies. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Hills National Cemetery
Boundary Expansion Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cemetery.--The term ``Cemetery'' means the Black Hills
National Cemetery in Sturgis, South Dakota.
(2) Federal land.--The term ``Federal land'' means the
approximately 200 acres of Bureau of Land Management land adjacent
to the Cemetery, generally depicted as ``Proposed National Cemetery
Expansion'' on the map entitled ``Proposed Expansion of Black Hills
National Cemetery-South Dakota'' and dated June 16, 2016.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT LAND FOR
CEMETERY USE.
(a) Conduct of Due Diligence Activities by the Secretary of
Veterans Affairs.--
(1) In general.--Before the transfer of administrative
jurisdiction and withdrawal of the Federal land under subsections
(b) and (c), respectively, and subject to paragraph (2), the
Secretary of Veterans Affairs shall complete any appropriate
environmental, cultural resource, and other due diligence
activities on the Federal land that would enable the Secretary of
Veterans Affairs to confirm that the Federal land is suitable for
cemetery purposes.
(2) Notice; required coordination.--The Secretary of Veterans
Affairs shall--
(A) before conducting any due diligence activities under
paragraph (1), notify the Secretary of the activities to be
conducted;
(B) as the Secretary of Veterans Affairs determines to be
necessary in the conduct of the due diligence activities under
paragraph (1), coordinate the activities with the Secretary;
and
(C) if the Secretary of Veterans Affairs determines, on
completion of the due diligence activities under paragraph (1),
that the Federal land is suitable for cemetery purposes, submit
written notice of the determination to the Secretary.
(b) Transfer of Administrative Jurisdiction.--
(1) Transfer.--
(A) In general.--On receipt by the Secretary of written
notice of a determination that the Federal land is suitable for
cemetery purposes under subsection (a)(2)(C), except as
provided in subparagraph (B), and subject to valid existing
rights, administrative jurisdiction over the Federal land is
transferred from the Secretary to the Secretary of Veterans
Affairs for use as a national cemetery in accordance with
chapter 24 of title 38, United States Code.
(B) Exclusion.--The transfer of administrative jurisdiction
over the Federal land under subparagraph (A) shall not include
the land located within 100 feet of the center of the
Centennial Trail, as generally depicted on the map entitled
``Proposed Expansion of Black Hills National Cemetery-South
Dakota'' and dated June 16, 2016.
(2) Legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a notice containing a legal description of the
Federal land.
(B) Effect.--A legal description published under
subparagraph (A) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the legal description.
(C) Availability.--Copies of the legal description
published under subparagraph (A) shall be available for public
inspection in the appropriate offices of--
(i) the Bureau of Land Management; and
(ii) the National Cemetery Administration.
(D) Costs.--The Secretary of Veterans Affairs shall
reimburse the Secretary for the costs incurred by the Secretary
in carrying out this paragraph, including the costs of any
surveys and other reasonable costs.
(c) Withdrawal.--On receipt by the Secretary of written notice of a
determination that the Federal land is suitable for cemetery purposes
under subsection (a)(2)(C) and subject to valid existing rights, the
Federal land--
(1) is withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral leasing
laws, and the geothermal leasing laws; and
(2) shall be treated as property as defined under section
102(9) of title 40, United States Code.
(d) Boundary Modification.--The boundary of the Cemetery is
modified to include the Federal land.
(e) Modification of Public Land Order.--Public Land Order 2112,
dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the
Federal land.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Black Hills National Cemetery Boundary Expansion Act (Sec. 3) This bill directs the Department of Veterans Affairs (VA) to: (1) complete environmental, cultural resource, and other due diligence activities on certain federal land to confirm its suitability for inclusion in the Black Hills National Cemetery, South Dakota; and (2) notify, and coordinate with, the Department of the Interior regarding such activities. After completion of such activities and upon receipt by Interior of written confirmation of suitability from the VA, the land shall: (1) be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as it remains under VA administrative jurisdiction; (2) be treated as property; and (3) be transferred, except for the land within 100 feet of the center of the Centennial Trail, from Interior to the VA for use as a national cemetery. Interior shall publish a notice containing the legal descriptions of such transferred land. The VA shall reimburse Interior for reasonable transfer costs, including survey costs. The cemetery's boundary is modified to include such federal land. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Durban Review
Conference (Durban II) Funding Prohibition Act of 2008''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) On December 22, 2007, the United States and 45 other
member states of the United Nations voted not to support the
2009 United Nations Durban Review Conference (``Durban II
Conference''), a follow-up meeting to the 2001 United Nations
World Conference Against Racism, Racial Discrimination,
Xenophobia and Related Intolerance (``Durban I Conference'') in
Durban, South Africa;
(2) The Durban I Conference was used as a platform to
advance anti-Semitism and, consequently, the United States and
Israeli delegates walked out.
(3) The United States has taken strong steps to avoid
giving support to the Durban II Conference, including
implementing a policy of voting against the Durban II
Conference in the United Nations (including voting against
funding for the Durban II Conference) and forgoing
participation in preparatory meetings for the Durban II
Conference.
(4) The United States has pledged to boycott the Durban II
Conference if it appears to be a repeat of the Durban I
Conference.
(5) Canada's Multiculturalism Secretary of State, Jason
Kennedy, announced in January 2008 that Canada will not
participate in the Durban II Conference.
(6) Israel's Foreign Affairs Minister Tzipi Livni announced
that Israel will boycott the Durban II Conference unless it is
proven that it will not be used as a platform of further anti-
Israeli and anti-Semitic behavior.
(7) Pre-conference drafts for the Durban I Conference
condemned Israel for allegedly pursing a racist Zionist agenda
and committing crimes against humanity.
(8) An African-led effort at the Durban I Conference sought
to include a demand for reparations from the West for slavery.
(9) Conferees at the Durban I Conference tried to condemn
the United States for refusing to adopt certain United Nations
treaties.
(10) The United States cannot accept treaty requirements
that are incompatible with the United States Constitution.
(11) Former United States Secretary of State Colin Powell
gave the following statement after the Durban I Conference: ``I
know that you do not combat racism by conferences that produce
declarations containing hateful language, some of which is a
throwback to the days of `Zionism equals racism;' or support
the idea that we have made too much of the Holocaust; or
suggest that apartheid exists in Israel; or that single out
only one country in the world--Israel--for censure and
abuse.''.
(12) The United Nations Human Rights Council is responsible
for organizing the Durban II Conference.
(13) The United Nations Human Rights Council has ignored
ongoing repression in Belarus, the People's Republic of China,
Cuba, North Korea, Zimbabwe, and other countries.
(14) The United Nations Human Rights Council has condemned
Israel 15 times in two years.
(15) The Preparatory Committee for the Durban II Conference
includes Libya, Cuba, Iran, Pakistan, Russia, and South Africa,
none of which has demonstrated consistent equality or respect
for human rights.
(16) Libya is the chair and Iran is the co-chair of the
Preparatory Committee for the Durban II Conference.
(17) Both Libya and Iran are strong supporters of the
Organization of the Islamic Conference (OIC) in the United
Nations Human Rights Council, which has historically been
hostile to Israel.
(18) Libya is a member of the League of Arab States, whose
Arab Charter on Human Rights calls for the elimination of
``Zionism''.
(19) United Nations General Assembly Resolution 46/86
rejects the position that Zionism is racism or a form of racial
discrimination.
(20) In December 2007, the United States delegation to the
United Nations rejected the United Nations biennial budget for
2008-2009 due, in part, because of proposals to fund the Durban
II Conference.
SEC. 3. PROHIBITION ON UNITED STATES FUNDING FOR THE 2009 UNITED
NATIONS DURBAN REVIEW CONFERENCE AND RELATED ACTIVITIES.
Notwithstanding any other provision of law--
(1) no funds appropriated or otherwise made available by
any Act may be made available to support the 2009 United
Nations Durban Review Conference (``Durban II Conference'') or
any other activity relating to the planning, preparation, or
implementation of a follow-up meeting to the 2001 United
Nations World Conference Against Racism, Racial Discrimination,
Xenophobia and Related Intolerance (``Durban I Conference'') in
Durban, South Africa; and
(2) the United States shall withhold from its assessed
contributions to the United Nations regular budget, in
proportion to the United States assessment for the United
Nations regular budget, the amount allocated for the Durban II
Conference and any other activity relating to the planning,
preparation, or implementation of a follow-up meeting to the
Durban I Conference. | United Nations Durban Review Conference (Durban II) Funding Prohibition Act of 2008 - States that: (1) no funds may be made available to support the 2009 United Nations Durban Review Conference (Durban II Conference) or any other activity relating to the planning, preparation, or implementation of a follow-up meeting to the 2001 United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (Durban I Conference); and (2) the United States shall withhold from its assessed contributions to the U.N. regular budget the proportional amount allocated for the Durban II Conference and any other activity relating to the planning, preparation, or implementation of a follow-up meeting to the Durban I Conference. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children from Electronic
Cigarette Advertising Act of 2014''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) According to the Food and Drug Administration, because
electronic cigarettes have not been fully studied, consumers
currently do not know--
(A) the potential risks of electronic cigarettes
when used as intended;
(B) how much nicotine or other potentially harmful
chemicals are being inhaled during use; or
(C) if there are any benefits associated with using
these products.
(2) Most electronic cigarettes contain widely varying
levels of nicotine, which is a highly addictive drug that
impacts the cardiovascular system and can be lethal when
delivered in high doses.
(3) According to the Surgeon General, adolescents are
particularly vulnerable to the adverse effects of nicotine and
adolescent exposure to nicotine may have lasting adverse
consequences for brain development.
(4) Use of electronic cigarettes has risen in youth
according to a study by the Centers for Disease Control and
Prevention that was released in September 2013, which found
that in one year, from 2011 to 2012, the percentage of middle
and high school students who had ever used electronic
cigarettes more than doubled.
(5) Electronic cigarette use may lead children to become
addicted to nicotine and could be a gateway to various tobacco
products.
(6) Marketing of electronic cigarettes to youth is
occurring in the form of advertising using cartoons and
sponsorships of events popular with youth such as concerts and
sporting events.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Trade Commission should prohibit the advertising, promoting,
and marketing in commerce of electronic cigarettes to children as an
unfair or deceptive act or practice, in order to protect the health of
the youth of the United States.
SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHILDREN.
(a) Definitions.--In this section:
(1) Child.--The term ``child'' means an individual who is
under the age of 18 years.
(2) Commerce.--The term ``commerce'' has the meaning given
such term in section 4 of the Federal Trade Commission Act (15
U.S.C. 44).
(3) Electronic cigarette.--The term ``electronic
cigarette'' means a battery-operated product designed to
deliver nicotine, flavor, or other chemicals and that turns
chemicals, such as nicotine, into an aerosol that is inhaled by
the user.
(b) Prohibition.--No person may advertise, promote, or market in
commerce an electronic cigarette in a manner that the person knows or
should know will have the effect of increasing the use of an electronic
cigarette by a child.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive act or practice.--A violation of
subsection (b) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice described under
section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Rulemaking.--The Federal Trade Commission may
promulgate standards and rules to carry out this
section in accordance with section 553 of title 5,
United States Code.
(d) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(b) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin further violation of such subsection
by such person;
(B) to compel compliance with such subsection;
(C) to obtain damages, restitution, or other
compensation on behalf of such residents;
(D) to obtain such other relief as the court
considers appropriate; or
(E) to obtain civil penalties in the amount
determined under paragraph (2).
(2) Civil penalties.--
(A) Calculation.--For purposes of imposing a civil
penalty under paragraph (1)(E) with respect to a person
who violates subsection (b), the amount determined
under this paragraph is the amount calculated by
multiplying the number of days that the person is not
in compliance with subsection (b) by an amount not
greater than $16,000.
(B) Adjustment for inflation.--Beginning on the
date on which the Bureau of Labor Statistics first
publishes the Consumer Price Index after the date that
is 1 year after the date of the enactment of this Act,
and annually thereafter, the amounts specified in
subparagraph (A) shall be increased by the percentage
increase in the Consumer Price Index published on that
date from the Consumer Price Index published the
previous year.
(3) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) not
later than 10 days before initiating the civil
action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(5) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(b), the attorney general of a State may not, during the
pendency of such action, bring a civil action under paragraph
(1) against any defendant named in the complaint of the
Commission for the violation with respect to which the
Commission instituted such action.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(e) Construction.--Nothing in this section shall be construed to
limit or diminish the authority of the Food and Drug Administration to
regulate the marketing of electronic cigarettes, including the
marketing of electronic cigarettes to children.
(f) Relation to State Law.--This section shall not be construed as
superseding, altering, or affecting any provision of law of a State,
except to the extent that such provision of law is inconsistent with
the provisions of this section, and then only to the extent of the
inconsistency. | Protecting Children from Electronic Cigarette Advertising Act of 2014 - Prohibits advertisement, promotion, or marketing in commerce of electronic cigarettes in a manner that is known, or should be known, to increase the use of electronic cigarettes by children under the age of 18. Defines "electronic cigarette" as a battery-operated product designed to: (1) deliver nicotine, flavor, or other chemicals; and (2) turn chemicals, such as nicotine, into an aerosol that is inhaled by the user. Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation. Allows the FTC to intervene and appeal in state actions. | billsum_train |
Provide a summary of the following text: SECTION 1. THE TENNESSEE VALLEY AUTHORITY AS AN ESTABLISHMENT UNDER THE
INSPECTOR GENERAL ACT OF 1978.
(a) Findings.--Congress finds that--
(1) Inspectors General serve an important function in
preventing and eliminating fraud, waste, and abuse in the Federal
Government; and
(2) independence is vital for an Inspector General to function
effectively.
(b) Establishment of Inspector General.--The Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) in section 8G(a)(2) by striking ``the Tennessee Valley
Authority,''; and
(2) in section 11--
(A) in paragraph (1) by striking ``or the Commissioner of
Social Security, Social Security Administration;'' and
inserting ``the Commissioner of Social Security, Social
Security Administration; or the Board of Directors of the
Tennessee Valley Authority;''; and
(B) in paragraph (2) by striking ``or the Social Security
Administration;'' and inserting ``the Social Security
Administration, or the Tennessee Valley Authority;''.
(c) Executive Schedule Position.--Section 5315 of title 5, United
States Code, is amended by inserting after the item relating to the
Inspector General of the Small Business Administration the following:
``Inspector General, Tennessee Valley Authority.''.
(d) Effective Date and Application.--
(1) In general.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act.
(2) Inspector general.--The person serving as Inspector General
of the Tennessee Valley Authority on the effective date of this
section--
(A) may continue such service until the President makes an
appointment under section 3(a) of the Inspector General Act of
1978 (5 U.S.C. App.) consistent with the amendments made by
this section; and
(B) shall be subject to section 8G (c) and (d) of the
Inspector General Act of 1978 (5 U.S.C. App.) as applicable to
the Board of Directors of the Tennessee Valley Authority,
unless that person is appointed by the President, by and with
the advice and consent of the Senate, to be Inspector General
of the Tennessee Valley Authority.
SEC. 2. ESTABLISHMENT OF INSPECTORS GENERAL CRIMINAL INVESTIGATOR
ACADEMY AND INSPECTORS GENERAL FORENSIC LABORATORY.
(a) Inspectors General Criminal Investigator Academy.--
(1) Establishment.--There is established the Criminal
Investigator Academy within the Department of the Treasury. The
Criminal Investigator Academy is established for the purpose of
performing investigator training services for offices of inspectors
general created under the Inspector General Act of 1978 (5 U.S.C.
App.).
(2) Executive director.--The Criminal Investigator Academy
shall be administered by an Executive Director who shall report to
an inspector general for an establishment as defined in section 11
of the Inspector General Act of 1978 (5 U.S.C. App.)--
(A) designated by the President's Council on Integrity and
Efficiency; or
(B) if that council is eliminated, by a majority vote of
the inspectors general created under the Inspector General Act
of 1978 (5 U.S.C. App.).
(b) Inspectors General Forensic Laboratory.--
(1) Establishment.--There is established the Inspectors General
Forensic Laboratory within the Department of the Treasury. The
Inspectors General Forensic Laboratory is established for the
purpose of performing forensic services for offices of inspectors
general created under the Inspector General Act of 1978 (5 U.S.C.
App.).
(2) Executive director.--The Inspectors General Forensic
Laboratory shall be administered by an Executive Director who shall
report to an inspector general for an establishment as defined in
section 11 of the Inspector General Act of 1978 (5 U.S.C. App.)--
(A) designated by the President's Council on Integrity and
Efficiency; or
(B) if that council is eliminated, by a majority vote of
the inspectors general created under the Inspector General Act
of 1978 (5 U.S.C. App.).
(c) Separate Appropriations Account.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the following:
``(33) a separate appropriation account for appropriations for
the Inspectors General Criminal Investigator Academy and the
Inspectors General Forensic Laboratory of the Department of the
Treasury.''.
(d) Authorization of Appropriations.--There are authorized to carry
out this section such sums as may be necessary for fiscal year 2001 and
each fiscal year thereafter.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends Federal employee provisions to include the Inspector General of the TVA within the Executive Schedule pay series. Outlines transition provisions for such Inspector General.
Establishes within the Treasury the: (1) Criminal Investigator Academy to perform investigator training services for offices of inspectors general created under the Act; and (2) Inspectors General Forensic Laboratory for performing forensic services for such offices. Requires each entity to be administered by an executive director who reports to the inspector general for an establishment designated by the President's Council on Integrity and Efficiency or, if the Council is eliminated, by a majority vote of the inspectors general.
Requires a separate appropriations account for appropriations to such entities.
Authorizes appropriations. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Cargo Security Act''.
SEC. 2. INSPECTION OF CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
Section 44901(f) of title 49, United States Code, is amended to
read as follows:
``(f) Air Cargo on All-Cargo Aircraft.--
``(1) In general.--The Secretary of Homeland Security shall
establish a system for screening and inspecting all cargo
transported in all-cargo aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation to ensure the security of such aircraft.
``(2) Minimum standards.--The system referred to in
paragraph (1) shall require that equipment, technology,
procedures, personnel, and other methods approved by the
Administrator of the Transportation Security Administration
that are used for screening cargo transported in all-cargo
aircraft provide a level of security commensurate with the
level of security provided for screening passenger checked
baggage, in accordance with the implementation schedule set
forth in paragraph (3).
``(3) Implementation schedule.--The Secretary shall ensure
that--
``(A) beginning not later than 18 months after the
date of the enactment of the Air Cargo Security Act, at
least 50 percent of the cargo described in paragraph
(1) is screened in accordance with the inspection
system established under this subsection; and
``(B) beginning not later than 3 years after the
date of the enactment of such Act, 100 percent of such
cargo is screened in accordance with such system.
``(4) Research and development of new technologies.--The
Secretary shall monitor and evaluate the research and
development of effective cargo screening technologies.''.
SEC. 3. AIR CARGO SHIPPING.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44927. Regular inspections of air cargo shipping facilities
``(a) Regular Inspections.--Not later than 30 days after the date
of the enactment of the Air Cargo Security Act, the Secretary of
Homeland Security--
``(1) shall establish a system for regularly screening and
inspecting shipments of cargo transported in air transportation
or intrastate air transportation at shipping facilities to
ensure that appropriate security controls, systems, and
protocols are observed; and
``(2) in consultation with the Secretary of State, shall
enter into arrangements with civil aviation authorities, or
other appropriate officials, of foreign countries to ensure the
regular screening and inspection of cargo to be transported in
air transportation to the United States at shipping facilities
in such countries.
``(b) Defined Term.--In this section, the term `screening' means
using the air cargo inspection procedures required under section
44901(f).
``(c) Reports.--Not later than 210 days after the date of the
enactment of the Air Cargo Security Act, and annually thereafter, the
Secretary of Homeland Security shall submit a report to Congress that
describes--
``(1) the number of shipping facilities that have been
inspected in accordance with subsection (a)(1);
``(2) the number of such facilities that are not in
compliance with required security controls, systems, and
protocols;
``(3) the specific consequences imposed upon each facility
that the Secretary determined was not in compliance with the
system established under subsection (a)(1); and
``(4) the countries with which the Secretary has entered
into arrangements to ensure regular screenings and inspections
of cargo transported in air transportation to the United
States.''.
(b) Additional Inspectors.--The Secretary may increase the number
of air cargo inspectors to the extent necessary to carry out the
screenings and inspections required by sections 44901(f) and 44927 of
title 49, United States Code, as added by this Act.
(c) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by adding at the end the
following:
``44927. Regular inspections of air cargo shipping facilities.''.
SEC. 4. TRAINING PROGRAM FOR CARGO HANDLERS.
Section 44935 of title 49, United States Code, is amended--
(1) by redesignating subsection (i) (as added by section
3(b) of the Airport Security Improvement Act of 2000 (Public
Law 106-528; 114 Stat. 2520), and redesignated by section
111(a)(1) of the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 616)), as subsection (k); and
(2) by adding at the end the following:
``(l) Training Program for Cargo Handlers.--The Secretary of
Homeland Security shall establish a training and evaluation program for
all individuals that handle air cargo to ensure that such cargo is
properly handled and safeguarded from security breaches.''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall take effect on the date that is 180 days after the date
of the enactment of this Act. | Air Cargo Security Act - Directs the Secretary of Homeland Security (DHS) to establish a system for the screening and inspecting of all cargo transported in domestic and foreign all-cargo aircraft, including in intrastate air transportation, to ensure the security of such aircraft. Requires such systems to meet minimum standards that ensure equipment, technology, procedures, or personnel used for screening cargo provide a level of security commensurate with the security level for screening passenger checked baggage.
Directs the Secretary to: (1) establish a system for regularly screening and inspecting shipments of cargo transported in air transportation, including intrastate air transportation, at shipping facilities to ensure that appropriate security controls, systems, and protocols are observed; and (2) enter into arrangements with civil aviation authorities of foreign countries to ensure the regular screening and inspecting at shipping facilities in such countries of such cargo transported by air to the United States.
Authorizes the Secretary to increase the number of air cargo inspectors to carry out such screenings and inspections.
Directs the Secretary to establish a training and evaluation program for all individuals who handle air cargo to ensure that such cargo is properly handled and safeguarded from security breaches. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Standards
Preservation Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The safety of drinking water, and the adequacy of water
supplies, is a national concern. In the 29 years since Congress
first mandated the establishment of uniform national minimum
drinking water standards, national standards have been
established for more than 100 contaminants and parameters.
(2) The States have been authorized to enforce those
standards, and, in appropriate cases, set stricter standards on
a statewide basis.
(3) It is technologically infeasible for a drinking water
system to provide water with a zero level of contaminants, and
a determination that drinking water must contain no
contaminants would threaten the adequacy of water supplies.
(4) The setting of drinking water standards is a complex
public policy determination requiring a careful analysis and
balancing of a number of factors, including--
(A) the maximum safe level for each drinking water
contaminant, the technological capability of removing
contaminants from public drinking water supplies; and
(B) the importance of assuring that drinking water
is affordable to all Americans.
(5) The setting of these standards is not appropriate for
individual juries deciding individual cases in the separate
States, but rather is fundamentally a scientific issue to be
resolved by the appropriate Federal and State agencies in
accordance with the rulemaking provisions of the Safe Drinking
Water Act and the applicable State authorities.
(6) Claims for monetary damages brought against public
water providers under the common law of the various States
based on alleged contamination of drinking water threaten to
undermine the science-based uniform national system of water
quality regulation.
(7) The States should retain maximum flexibility to handle
claims for monetary damages brought against public water
providers based on alleged contamination of drinking water,
including the authority to decide whether such claims should be
heard by the courts or an administrative agency.
(8) The costs of defending against multiple legal claims
can be financially burdensome to any water provider, but
especially to small systems, and the imposition of such costs
cannot be justified when a supplier complies with the
requirements of the Safe Drinking Water Act.
SEC. 3. AMENDMENTS TO THE SAFE DRINKING WATER ACT.
Section 1449 of the Safe Drinking Water Act (42 U.S.C. 300j-8) is
amended as follows:
(1) By striking ``Nothing'' in the first sentence of
subsection (e) and inserting ``(1) Except as provided in
subsection (f), nothing''.
(2) By striking ``or to seek any other relief'' at the end
of the first sentence of subsection (e).
(3) By adding after the first sentence of subsection (e)
the following: ``Nothing in subsection (f) creates a new cause
of action, and, except as otherwise explicitly provided in this
title, nothing in this title expands liability otherwise
imposed or limits any defense otherwise available under Federal
or State law.'' .
(4) By striking ``Nothing'' in the second sentence of
subsection (e) and inserting ``Except as provided in subsection
(f), nothing''.
(5) By adding the following new subsection at the end
thereof:
``(f)(1) No public water system shall be liable in a civil suit
brought before any Federal or State court for damages arising from
injury (including personal injury, death, or property damage) allegedly
caused by delivery of contaminated water, unless the court determines
that the plaintiff has established the following:
``(A) In the case of a regulated contaminant, the
plaintiff must establish that each of the following
criteria are met:
``(i) The substance in the delivered water
which the plaintiff claims caused the injury
was subject to a Federal or State regulation
prescribed under this Act at the time of
delivery.
``(ii) There is substantial scientific
evidence that the substance in the delivered
water which the plaintiff claims caused the
injury was of such a nature, and in such
amounts, that it was reasonably likely to cause
the kind of injury of which the plaintiff
complains.
``(iii) The public water system violated
the regulation referred to in clause (i).
``(iv) The violation was negligent.
``(v) The violation caused the injury.
``(B) In the case of an unregulated contaminant,
the plaintiff must establish that each of the following
criteria are met:
``(i) The substance in the delivered water
which the plaintiff claims caused the injury
was not subject to any requirements prescribed
under this Act at the time of delivery.
``(ii) There is substantial scientific
evidence that the substance in the delivered
water which the plaintiff claims caused the
injury was of such a nature, and in such
amounts, that it was reasonably likely to cause
the kind of injury of which the plaintiff
complains.
``(iii) The injury actually was caused by
delivery of water that contained such a
substance.
``(iv) The public water system knew or
should have known that the substance was in the
drinking water at such a level and was likely
to cause the injury.
``(v) It was feasible for the supplier to
have removed such contaminant to a level below
which it was not likely to cause such injury.
``(2) The court shall, in a special pretrial proceeding,
subject to the requirements of paragraph (3), determine whether
the plaintiff has established either that criteria in clauses
(i), (ii), and (iii) of paragraph (1)(A) or criteria in clauses
(i), (ii), and (v) in paragraph (1)(B) have been met.
``(3) The court, in making the determinations required in
paragraphs (1)(A) and (1)(B), shall adopt and give binding
effect to any findings of fact, conclusions of law, or
determination of any agency of a State exercising primary
enforcement authority for purposes of this title. Nothing in
this section limits the jurisdiction or authority of any State
agency to make findings and determinations with respect to
whether--
``(A) requirements for drinking water quality
adequately protect the public;
``(B) additional requirements for regulated or
unregulated contaminants are warranted; and
``(C) public water systems are in compliance with
such requirements.''. | Drinking Water Standards Preservation Act of 2003 - Amends the Safe Drinking Water Act to establish liability standards for a public water system for damages allegedly caused by delivery of contaminated water containing either regulated or unregulated contaminants.Requires for both regulated and unregulated contaminants that there be substantial scientific evidence that the kind of injury alleged could be caused by such substance in the amounts present and that the substance did, in fact, cause the injury.Requires proof, in the case of regulated contaminants, that the water system violated the regulation, was negligent and that the violation caused the injury.Requires proof, in the case of unregulated contaminants, that the water system knew or should have known that the substance at that level was likely to cause such injury and that it was feasible to remove the contaminant to a safe level. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Research Informed Consent
Act''.
SEC. 2. REQUIREMENT OF INFORMED CONSENT REGARDING USE OF HUMAN SUBJECTS
IN FEDERALLY QUALIFIED RESEARCH.
(a) In General.--Section 491 of the Public Health Service Act (42
U.S.C. 289) is amended by adding at the end the following subsection:
``(c) Requirement of Informed Consent Regarding Human Subjects.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall by regulation establish the requirement that, in
federally qualified research in which any human subject is to
be used, an individual may not be used as a subject unless the
principal researcher obtains the informed consent of the
individual to serve as a subject.
``(2) Exempted categories of research.--
``(A) With respect to the requirement of paragraph
(1) that informed consent be obtained, the Secretary
may, in issuing regulations under such paragraph,
establish such exempted categories of research as the
Secretary determines to be appropriate. The regulations
may not authorize any waiver of the applicability of
the requirement to a research activity that is not
within such a category.
``(B) In the case of a particular research
activity, the Secretary is responsible for approving or
disapproving the activity as qualifying for an
exemption under subparagraph (A).
``(C) If under subparagraph (B) the Secretary
approves an exemption, the Secretary shall submit to
the congressional committees of jurisdiction a
notification that the exemption has been approved
(together with a description of the circumstances). In
the case of classified materials, the notification
shall be submitted to the committees, and reviewed by
the committees, in accordance with any applicable
requirements for such materials.
``(D) An exemption approved by the Secretary under
subparagraph (B) takes effect upon the expiration of
the 60-day period beginning on the date on which the
notification regarding the exemption is submitted under
subparagraph (C).
``(3) Criteria regarding provision of consent.--In issuing
regulations under paragraph (1), the Secretary shall establish
requirements for obtaining informed consent, including
requirements regarding the information to be provided to the
prospective research subject and requirements regarding
documentation of the informed consent of such subject.
``(4) Noncompliance.--
``(A) An individual aggrieved as a result of a
violation of the requirement under paragraph (1) may
obtain appropriate relief through a civil action,
including damages, equitable relief, and a reasonable
attorney's fees and costs. Damages in such an action
may include damages other than actual damages.
``(B) With respect to a civil action under
subparagraph (A), if the research involved allegedly
was conducted by the United States, the defendant shall
be the United States. The United States district courts
have exclusive original jurisdiction of actions
described in the preceding sentence, and such actions
may be commenced in a judicial district only in
accordance with applicable law on the venue of civil
actions.
``(C) With respect to a civil action under
subparagraph (A), if the research involved allegedly
was conducted by a State, the defendant shall be the
head of the State agency involved. Actions described in
the preceding sentence may be commenced in any court of
competent jurisdiction. For purposes of this
subparagraph, a State is not immune under the Eleventh
Amendment of the Constitution of the United States from
a civil action under subparagraph (A) in Federal court.
``(D) With respect to a civil action under
subparagraph (A), if the research involved allegedly
was not conducted by the United States or by a State,
the entity that allegedly did conduct the research
shall be the defendant. Actions described in the
preceding sentence may be commenced in any court of
competent jurisdiction.
``(E) With respect to the death of an individual
who is aggrieved for purposes of subparagraph (A), the
cause of action survives the individual and the civil
action under such subparagraph may be commenced only by
a personal representative of the individual.
``(F) With respect to limitations on commencing a
civil action under subparagraph (A)--
``(i) the civil action may not be commenced
after the expiration of the 5-year period
beginning on the date on which the individual
(or the personal representative, as the case
may be) receives notice of the alleged facts
with respect to which the individual is
aggrieved; and
``(ii) notwithstanding clause (i), the
civil action may not be commenced after the
expiration of the 50-year period beginning on
the date on which the individual dies.
``(5) Preemption.--This subsection supersedes any private
cause of action under the laws of a State arising as a result
of the use of an individual as a subject in federally qualified
research without the consent of the individual.
``(6) Definitions.--For purposes of this subsection:
``(A) The term `federally qualified research'
means--
``(i) any research conducted or supported
by the Federal Government; and
``(ii) any research regulated by the
Federal Government, other than research which
is only incidentally regulated.
``(B) The term `principal researcher', with respect
to federally qualified research, means the individual
with the principal responsibility for conducting the
research.''.
(b) Stylistic Conforming Amendments.--Section 491 of the Public
Health Service Act (42 U.S.C. 289) is amended--
(1) in subsection (a), by striking ``(a) The Secretary''
and inserting ``(a) Institutional Review Boards.--The
Secretary''; and
(2) in subsection (b)--
(A) by striking ``(b)(1) The Secretary'' and
inserting the following:
``(b) Ethics Guidance Program.--
``(1) In general.--The Secretary''; and
(B) in paragraph (2), by striking ``(2) The
Secretary'' and inserting the following:
``(2) Response respecting violations.--The Secretary''.
SEC. 3. EFFECT ON EXISTING REGULATIONS; EFFECTIVE DATE REGARDING CAUSES
OF ACTION.
(a) Effect on Existing Regulations.--With respect to the provisions
of part 46 of title 45, Code of Federal Regulations (relating to the
protection of human subjects), as in effect on the date of the
enactment of this Act, the legal status of such provisions is affected
by the amendment made by section 2(a) only to the extent that any such
provision is inconsistent with the amendment.
(b) Effective Date Regarding Causes of Action; Applicable
Provisions.--The requirement established under section 491(c)(1) of the
Public Health Service Act (as added by the amendment made by section
2(a) of this Act) is effective in the case of any violation of the
requirement occurring on or after the date of the enactment of this
Act, without regard to the date on which final regulations under such
section take effect. For purposes of the preceding sentence, in the
case of a cause of action accruing before such regulations take
effect--
(1) a defendant is liable, subject to paragraphs (2) and
(3), if the principal researcher involved (as defined under
such amendment) failed to obtain informed consent in accordance
with the provisions of part 46 of title 45, Code of Federal
Regulations (relating to the protection of human subjects), as
in effect on the date of the enactment of this Act;
(2) it is a defense that the Secretary of Health and Human
Services--
(A) determined that the research activity involved
was within one of the categories of research described
in section 46.101(b) of such part;
(B) determined that the research activity otherwise
was not covered by the policy; or
(C) with respect to informed consent, waived the
applicability of the requirements involved; and
(3) it is not a defense (except as provided in paragraph
(2)) that--
(A) for purposes of section 46.101(a) of such part,
the Federal department or agency involved did not take
action to make the policy applicable;
(B) for purposes of section 46.101(c) of such part,
the department or agency head determined that the
research activity was not covered by the policy; or
(C) for purposes of section 46.101(i) of such part,
the department or agency head waived the applicability
of some or all of the provisions of the policy. | Federal Research Informed Consent Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish the requirement that, in federally qualified research in which any human subject is to be used, the principal researcher obtain the informed consent of the subject. Allows the Secretary to exempt categories of research from such consent requirement. Requires congressional notification of such exemptions and a 60-day waiting period before the exemption is effective.
Directs the Secretary to establish requirements for obtaining informed consent. Provides for civil actions by those from whom no such consent was obtained, allowing damages, equitable relief, and attorney's fees and costs. Preempts any State law concerning the obtaining of such consent. | billsum_train |
Condense the following text into a summary: SECTION 1. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES
MAILINGS.
(a) In General.--Chapter 30 of title 39, United States Code, is
amended by adding after section 3015 the following:
``Sec. 3016. Nonmailable skill contests or sweepstakes matter;
notification to prohibit mailings
``(a) Definitions.--In this section, the term--
``(1) `promoter' means any person who--
``(A) originates and mails any skill contest or
sweepstakes; or
``(B) originates and causes to be mailed any skill
contest or sweepstakes;
``(2) `removal request' means a request stating that an
individual elects to have the name and address of such
individual excluded from any list used by a promoter for
mailing skill contests or sweepstakes;
``(3) `skill contest' means a puzzle, game, competition, or
other contest in which--
``(A) a prize is awarded or offered;
``(B) the outcome depends predominately on the
skill of the contestant; and
``(C) a purchase, payment, or donation is required
or implied to be required to enter the contest; and
``(4) `sweepstakes' means a game of chance for which no
consideration is required to enter.
``(b) Nonmailable Matter.--
``(1) In general.--Matter otherwise legally acceptable in
the mails described under paragraph (2)--
``(A) is nonmailable matter;
``(B) shall not be carried or delivered by mail;
and
``(C) shall be disposed of as the Postal Service
directs.
``(2) Nonmailable matter described.--Matter that is
nonmailable matter referred to under paragraph (1) is any
matter that--
``(A) is a skill contest or sweepstakes; and
``(B)(i) is addressed to an individual who made an
election to be excluded from lists under subsection
(d); or
``(ii) does not comply with subsection (c)(1).
``(c) Requirements of Promoters.--
``(1) Notice to individuals.--Any promoter who mails a
skill contest or sweepstakes shall provide with each mailing a
statement that--
``(A) is clearly and conspicuously displayed;
``(B) includes the address or toll-free telephone
number of the notification system established under
paragraph (2); and
``(C) states that the notification system may be
used to prohibit the mailing of all skill contests or
sweepstakes by that promoter to such individual.
``(2) Notification system.--Any promoter that mails or
causes to be mailed a skill contest or sweepstakes shall
establish and maintain a notification system that provides for
any individual (or other duly authorized person) to notify the
system of the individual's election to have the name and
address of the individual excluded from all lists of names and
addresses used by that promoter to mail any skill contest or
sweepstakes.
``(d) Election To Be Excluded From Lists.--
``(1) In general.--An individual (or other duly authorized
person) may elect to exclude the name and address of that
individual from all lists of names and addresses used by a
promoter of skill contests or sweepstakes by submitting a
removal request to the notification system established under
subsection (c).
``(2) Response after submitting removal request to the
notification system.--Not later than 35 calendar days after a
promoter receives a removal request pursuant to an election
under paragraph (1), the promoter shall exclude the
individual's name and address from all lists of names and
addresses used by that promoter to select recipients for any
skill contest or sweepstakes.
``(3) Effectiveness of election.--An election under
paragraph (1) shall remain in effect, unless an individual (or
other duly authorized person) notifies the promoter in writing
that such individual--
``(A) has changed the election; and
``(B) elects to receive skill contest or
sweepstakes mailings from that promoter.
``(e) Promoter Nonliability.--A promoter shall not be subject to
civil liability for the exclusion of an individual's name or address
from any list maintained by that promoter for mailing skill contests or
sweepstakes, if--
``(1) a removal request is received by the promoter's
notification system; and
``(2) the promoter has a good faith belief that the request
is from--
``(A) the individual whose name and address is to
be excluded; or
``(B) another duly authorized person.
``(f) Prohibition on Commercial Use of Lists.--
``(1) In general.--
``(A) Prohibition.--No person may provide any
information (including the sale or rental of any name
or address) derived from a list described under
subparagraph (B) to another person for commercial use.
``(B) Lists.--A list referred to under subparagraph
(A) is any list of names and addresses (or other
related information) compiled from individuals who
exercise an election under subsection (d).
``(2) Civil penalty.--Any person who violates paragraph (1)
shall be assessed a civil penalty by the Postal Service not to
exceed $2,000,000 per violation.
``(g) Civil Penalties.--
``(1) In general.--Any promoter--
``(A) who recklessly mails nonmailable matter in
violation of subsection (b) shall be liable to the
United States in an amount of $10,000 per violation for
each mailing to an individual of nonmailable matter; or
``(B) who fails to comply with the requirements of
subsection (c)(2) shall be liable to the United States.
``(2) Enforcement.--The Postal Service shall assess civil
penalties under this section.''.
(b) Clerical Amendment.--The table of sections for chapter 30 of
title 39, United States Code, is amended by adding after the item
relating to section 3015 the following:
``3016. Nonmailable skill contests or sweepstakes matter; notification
to prohibit mailings.''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act. | Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address or toll- free telephone number of such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) establish and maintain a notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and addresses used by that promoter to mail such material.
Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system.
Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements. | billsum_train |
Create a condensed overview of the following text: SECTION 1. EXEMPTION FROM SEQUESTRATION FOR FISCAL YEAR 2014.
(a) In General.--Section 251A(5) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(5)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(2) by inserting before subparagraph (B), as redesignated,
the following:
``(A) Modification of defense function
reductions.--Notwithstanding any other provision of
this Act, for discretionary appropriations and direct
spending accounts within function 050 (defense
function)--
``(i) for fiscal year 2014, OMB--
``(I) shall not implement a
reduction to such discretionary
appropriations and direct spending
accounts in the amount allocated under
paragraph (4); and
``(II) shall reduce such
discretionary appropriations and direct
spending by a total amount of
$15,000,000,000;
``(ii) for fiscal year 2015, OMB--
``(I) shall not implement a
reduction to such discretionary
appropriations and direct spending
accounts in the amount allocated under
paragraph (4); and
``(II) shall reduce such
discretionary appropriations and direct
spending by a total amount of
$30,000,000,000;
``(iii) for fiscal year 2016, OMB shall
increase the otherwise applicable amount of the
reduction to such discretionary appropriations
and direct spending accounts by $2,000,000,000;
``(iv) for fiscal year 2017, OMB shall
increase the otherwise applicable amount of the
reduction to such discretionary appropriations
and direct spending accounts by $9,000,000,000;
``(v) for fiscal year 2018, OMB shall
increase the otherwise applicable amount of the
reduction to such discretionary appropriations
and direct spending accounts by $9,000,000,000;
``(vi) for fiscal year 2019, OMB shall
increase the otherwise applicable amount of the
reduction to such discretionary appropriations
and direct spending accounts by
$12,000,000,000;
``(vii) for fiscal year 2020, OMB shall
increase the otherwise applicable amount of the
reduction to such discretionary appropriations
and direct spending accounts by
$15,000,000,000;
``(viii) for fiscal year 2021, OMB shall
increase the otherwise applicable amount of the
reduction to such discretionary appropriations
and direct spending accounts by
$17,400,000,000; and
``(ix) for each of fiscal years 2014
through 2021, OMB shall calculate the amount of
the respective reductions to discretionary
appropriations and direct spending (as adjusted
under this subparagraph) in accordance with
subparagraphs (B) and (C).'';
(3) in subparagraph (B)(i), as redesignated, by inserting
``as adjusted, if adjusted, in accordance with subparagraph
(A)'' after ``paragraph (4)''; and
(4) in subparagraph (C), as redesignated--
(A) by inserting ``as adjusted, if adjusted, in
accordance with subparagraph (A)'' after ``paragraph
(4)''; and
(B) by striking ``subparagraph (A)'' and inserting
``subparagraph (B)''.
(b) Revised Sequestration Preview Report.--Not later than 10 days
after the date of enactment of this Act--
(1) the Office of Management and Budget shall issue a
revised sequestration preview report for fiscal year 2014,
pursuant to section 254(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 904(c)), and a revised
report on the Joint Committee reductions for fiscal year 2014,
pursuant to section 251A(11) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(11)), to
reflect the amendments made by subsection (a); and
(2) the President shall issue a revised sequestration order
of direct spending budgetary reductions for fiscal year 2014
pursuant to section 251A(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(8)). | Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Office of Management and Budget (OMB) from implementing the otherwise required 50% sequestrations for FY2014 and FY2015 of discretionary appropriations and direct spending accounts within function 050 (defense function) under the Act. Requires OMB instead to reduce such discretionary appropriations and direct spending amounts by $15 billion for FY2014 and $30 billion for FY2015. Requires OMB for each of FY2016-FY2021 to increase the otherwise applicable amount of the reduction to such discretionary appropriations and direct spending accounts by different specified amounts. (Thus implements the originally required cuts, in their entirety, over the duration of sequestration.) Requires: OMB to issue a revised sequestration preview report for FY2014 and a revised report on the Joint Committee reductions for FY2014 to reflect the amendments made by this Act, and the President to issue a revised sequestration order of direct spending budgetary reductions for FY2014. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair, Accurate, Secure, and Timely
Redress Act of 2011'' or the ``FAST Redress Act of 2011''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY APPEAL AND REDRESS.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890A. APPEAL AND REDRESS.
``(a) In General.--The Secretary shall establish an Office of
Appeals and Redress to implement and execute a redress process for
individuals who believe they were wrongly delayed or prohibited from
boarding a commercial aircraft or denied a right, benefit, or privilege
by the Department because they were wrongly identified as a threat when
screened against the terrorist watchlist used by the Transportation
Security Administration, United States Customs and Border Protection,
or any office or component of the Department.
``(b) Director.--The Office shall be headed by a Director, who
shall be appointed by the Secretary and shall report to the Secretary.
``(c) Responsibilities.--The Director shall carry out the following
responsibilities:
``(1) Implement and maintain a redress process that
includes an information technology system for purposes of
providing redress to individuals who believe they were
misidentified against the terrorist watchlist and that
addresses case management, workflow, document management,
recordkeeping, and interoperability issues identified by audits
of the redress process in effect on the day before the date of
the enactment of this section.
``(2) Review, adjudicate, and respond in writing, within 30
days, to the greatest extent possible, to an individual who
files an appeal and redress request with information relating
to the disposition of such request.
``(3) Establish and maintain a Comprehensive Cleared List
of individuals who, upon providing all information required by
the Director to verify an individual's identity, are determined
by the Director to be misidentified.
``(4) Perform such other responsibilities as the Secretary
may require.
``(d) Comprehensive Cleared List.--
``(1) In general.--The Secretary shall ensure that the
Comprehensive Cleared List is electronically integrated into
the systems for screening individuals against the terrorist
watchlist maintained by the Transportation Security
Administration, United States Customs and Border Protection, or
any other office or component of the Department and shall--
``(A) transmit to other Federal, State, local, and
tribal agencies and entities that use any terrorist
watchlist the Comprehensive Cleared List and any other
information the Secretary determines necessary to
resolve misidentifications, as appropriate; and
``(B) work with other Federal, State, local, and
tribal agencies or entities that use any terrorist
watchlist to ensure, to the greatest extent
practicable, that the Comprehensive Cleared List is
considered when assessing the security risk of an
individual.
``(e) Handling of Personally Identifiable Information.--The
Secretary, in conjunction with the Chief Privacy Officer of the
Department, shall--
``(1) require that Federal employees of the Department
handling personally identifiable information of individuals (in
this paragraph referred to as `PII') complete mandatory privacy
and security training prior to being authorized to handle PII;
``(2) ensure that the information maintained under this
subsection is secured by encryption, including one-way hashing,
data anonymization techniques, or such other equivalent
technical security protections as the Secretary determines
necessary;
``(3) limit the information collected from individuals to
the minimum amount necessary to resolve an appeal and redress
request;
``(4) ensure that the information maintained under this
subsection is shared or transferred via an encrypted data
network that has been audited to ensure that the anti-hacking
and other security related software functions perform properly
and are updated as necessary;
``(5) ensure that any employee of the Department receiving
the information maintained under this subsection handles such
information in accordance with section 552a of title 5, United
States Code, the Federal Information Security Management Act of
2002 (Public Law 107-296), and other applicable laws;
``(6) only retain the information maintained under this
subsection for as long as needed to assist the individual in
the appeal and redress process;
``(7) engage in cooperative agreements with appropriate
Federal agencies and entities, on a reimbursable basis, to
ensure that legal name changes are properly reflected in any
terrorist watchlist and the Comprehensive Cleared List to
improve the appeal and redress process and to ensure the most
accurate lists of identifications possible (except that section
552a of title 5, United States Code, shall not prohibit the
sharing of legal name changes among Federal agencies and
entities for the purposes of this section);
``(8) ensure that the Chief Privacy Officer publishes an
updated privacy impact assessment of the appeal and redress
process established under this section and submit to the
appropriate congressional committees such assessment; and
``(9) submit, on a quarterly basis, to the appropriate
congressional committees--
``(A) data on the number of individuals who have
sought and successfully obtained redress through the
Office of Appeals and Redress during the immediately
preceding quarter;
``(B) data on the number of individuals who have
sought and were denied redress through the Office of
Appeals and Redress during the immediately preceding
quarter;
``(C) the average length of time for adjudication
of completed applications during the immediately
preceding quarter; and
``(D) a list of the grounds for denials, together
with corresponding percentages for each such ground
reflecting the frequency of use by the Office of
Appeals and Redress during the immediately preceding
quarter.
``(f) Initiation of Appeal and Redress Process at Airports and
Ports of Entry.--At each airport and port of entry at which--
``(1) the Department has a presence, the Office shall
provide written information to individuals to begin the appeal
and redress process established pursuant to subsection (a); and
``(2) the Department has a significant presence, provide
the written information referred to in subparagraph (1) and
ensure a Transportation Security Administration or United
States Customs and Border Protection supervisor who is trained
in such appeal and redress process is available to provide
support to individuals in need of guidance concerning such
process.
``(g) Inspector General Review.--Not later than one year after the
date of the enactment of this section, the Inspector General of the
Department shall submit to the appropriate congressional committees a
report on the status of implementation of this section. The report
shall include the following:
``(1) An evaluation of the appeal and redress process
established pursuant to this section.
``(2) An assessment of the status of the Comprehensive
Cleared List requirements, including the extent to which
systems for screening individuals against the terrorist
watchlist maintained by the Transportation Security
Administration, United States Customs and Border Protection,
and other offices and components of the Department have
electronically integrated the Comprehensive Cleared List.
``(3) An assessment of the impact of implementation of this
section, including the integration of the Comprehensive Cleared
List into the systems for screening individuals against the
terrorist watchlist maintained by the Transportation Security
Administration, United States Customs and Border Protection,
and other office or component of the Department has had on
misidentifications of individuals.
``(h) Definitions.--
``(1) Appropriate congressional committee.--In this
section, the term `appropriate congressional committee' means
the Committee on Homeland Security of the House of
Representatives and Committee on Homeland Security and
Governmental Affairs of the Senate and any committee of the
House of Representatives or the Senate having legislative
jurisdiction under the rules of the House of Representatives or
Senate, respectively, over the matter concerned.
``(2) Terrorist watch list.--In this section, the term
`terrorist watchlist' means any terrorist watchlist or database
used by the Transportation Security Administration, United
States Customs and Border Protection, or any office or
component of the Department of Homeland Security or specified
in Homeland Security Presidential Directive-6 to screen
individuals, in effect as of the date of the enactment of this
section.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the amendments
made by this section.
(c) Incorporation of Secure Flight.--Section 44903(j)(2) of title
49, United States Code, is amended--
(1) in subparagraph (C)(iii)--
(A) by redesignating subclauses (II) through (VII)
as subclauses (III) through (VIII), respectively; and
(B) by inserting after subclause (I) the following
new subclause:
``(II) ensure, not later than 30
days after the date of the enactment of
the FAST Redress Act of 2011, that the
procedure established under subclause
(I) is incorporated into the appeals
and redress process established under
section 890A of the Homeland Security
Act of 2002;'';
(2) in subparagraph (E)(iii), by inserting before the
period at the end the following: ``, in accordance with the
appeals and redress process established under section 890A of
the Homeland Security Act of 2002''; and
(3) in subparagraph (G)--
(A) in clause (i), by adding at the end the
following new sentence: ``The Assistant Secretary shall
incorporate the process established pursuant to this
clause into the appeals and redress process established
under section 890A of the Homeland Security Act of
2002.''; and
(B) in clause (ii), by adding at the end the
following new sentence: ``The Assistant Secretary shall
incorporate the record established and maintained
pursuant to this clause into the Comprehensive Cleared
List established and maintained under such section
890A.''.
(d) Conforming Amendment.--Title 49, United States Code, is amended
by striking section 44926 (and the item relating to such section in the
analysis for chapter 449 of title 49).
(e) Clerical Amendment.--Section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating
to section 890 the following new item:
``Sec. 890A. Appeal and redress.''. | Fair, Accurate, Secure, and Timely Redress Act of 2011 or the FAST Redress Act of 2011 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish an Office of Appeals and Redress to implement a redress process for individuals who believe they were wrongly delayed or prohibited from boarding a commercial aircraft or denied a right, benefit, or privilege by the Department of Homeland Security (DHS) because they were wrongly identified as a threat when screened against the terrorist watchlist used by the Transportation Security Administration (TSA), Customs and Border Protection (CBP), or any component of DHS.
Requires the Director of such Office to: (1) maintain such redress process, which shall include an information technology system that addresses case management, workflow, document management, recordkeeping, and interoperability issues identified by audits of the process in effect before enactment of this Act; (2) review, adjudicate, and respond in writing, within 30 days, to an individual who files an appeal and redress request; and (3) maintain a Comprehensive Cleared List of individuals who are determined by the Director to have been misidentified.
Directs the Secretary: (1) to ensure that such Cleared List is electronically integrated into the systems for screening individuals against the terrorist watchlist, (2) to transmit to government entities that use such watchlist such Cleared List and any other information necessary to resolve misidentifications, (3) to work with such entities to ensure that the Cleared List is considered when assessing the security risk of an individual, and (4) in conjunction with DHS's Chief Privacy Officer, to take specified steps to protect or limit the use of personally identifiable information, including requiring DHS employees to complete mandatory privacy and security training before being authorized to handle such information.
Requires the Office to: (1) provide, at each airport at which DHS has a presence, written information to individuals about how to begin the appeal and redress process; and (2) ensure the availability, at each airport at which DHS has a significant presence, of a TSA or CBP supervisor to provide support to individuals in need of guidance in such process.
Requires the DHS Inspector General to report on the implementation and impact of this Act. Incorporates the appeals and redress process into the Secure Flight Program. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harold Hughes Commission on
Alcoholism Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Harold Hughes
Commission on Alcoholism (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES.
(a) In General.--The Commission shall carry out the following
studies of alcoholism:
(1) A study of existing Federal governmental agencies and
programs related to alcoholism to determine how such programs
and agencies could be better designed or coordinated in order
to increase the effectiveness of the funds allocated to them.
(2) A study of how existing government agencies could be
more effectively utilized to educate the American public about
the known social and financial costs of alcoholism; and how
such agencies could work more effectively with private sector
groups to better educate the American people about alcoholism
its prevention, and treatment.
(3) A study of the nature and extent of instruction on
alcoholism provided to physicians in American medical schools
and through the certification and re-certification process in
the various States, including an examination of the
requirements for accreditation of medical schools as they
relate to alcoholism.
(4) A study of unmet research needs in the area of
alcoholism, and how research money can be prioritized for best
results and appropriate research funding levels in view of the
size and scope of the alcoholism problem.
(5) A study of the effectiveness of the various forms of
alcoholism treatment and the cost-effectiveness of increasing
access to public and private treatment for those with
alcoholism including the role of managed care.
(6) Such other studies as the Commission determines to be
appropriate.
(b) Reports.--Not later than two years after the date on which
amounts under section 8 are first made available for carrying out this
Act, the Commission shall submit to the President and the Congress a
report describing the findings made in studies under subsection (a).
The Commission may submit to the President and the Congress such
interim reports regarding the duties of the Commission under such
subsection as the Commission determines to be appropriate.
SEC. 4. MEMBERSHIP.
(a) Composition.--
(1) In general.--The Commission shall be composed of 12
voting members appointed in accordance with paragraph (2) and
one ex officio voting member designated in paragraph (3).
(2) Appointed members.--Members of the Commission shall be
appointed in accordance with the following:
(A) The President shall appoint four individuals
from among individuals who are not officers or
employees of the Federal Government. Of such
individuals--
(i) one shall represent the medical
profession and teaching hospitals;
(ii) one shall represent employee
assistance programs;
(iii) one shall represent entities that
provide health insurance or operate health
plans; and
(iv) one shall represent entities that
provide treatment for alcoholism.
(B) The President Pro Tempore of the Senate shall,
after consultation with the majority and minority
leaders of the Senate, appoint four individuals. Of
such individuals--
(i) two shall be Senators; and
(ii) two shall be appointed from among
individuals who are not officers or employees
of the Federal Government.
(C) The Speaker of the House of Representatives
shall, after consultation with the majority and
minority leaders of the House, appoint four
individuals. Of such individuals--
(i) two shall be Members of the House; and
(ii) two shall be appointed from among
individuals who are not officers or employees
of the Federal Government.
(3) Ex officio member.--The Director of the National
Institute on Alcoholism and Alcohol Abuse shall serve as an ex
officio member of the Commission.
(b) Chair.--The President shall designate a member of the
Commission to serve as the chair of the Commission. The Chair shall be
a member who was appointed to the Commission from among individuals who
were not officers or employees of the Federal Government.
(c) Terms.--The term of a member of the Commission is the duration
of the Commission.
(d) Vacancies.--
(1) Authority of commission.--A vacancy in the membership
of the Commission does not affect the power of the remaining
members to carry out the duties under section 3.
(2) Appointment of successors.--A vacancy in the membership
of the Commission shall be filled in the manner in which the
original appointment was made.
(3) Incomplete term.--If a member of the Commission does
not serve the full term applicable to the member, the
individual appointed to fill the resulting vacancy shall be
appointed for the remainder of the term of the predecessor of
the individual.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chair or a majority of the members, except that not less
than two meetings shall be held each year for the duration of
the Commission.
(2) Quorum.--A quorum for meetings of the Commission is
constituted by the presence of 7 members, except that a lesser
number may conduct hearings under section 6(a).
(e) Compensation; Reimbursement of Expenses.--
(1) Compensation.--Members of the Commission may not
receive compensation for service on the Commission, subject to
paragraph (2).
(2) Reimbursement.--Members of the Commission may, in
accordance with chapter 57 of title 5, United States Code, be
reimbursed for travel, subsistence, and other necessary
expenses incurred in carrying out the duties of the Commission.
SEC. 5. STAFF AND CONSULTANTS.
(a) Staff.--
(1) In general.--The Commission may appoint and determine
the compensation of such staff as may be necessary to carry out
the duties of the Commission, including an executive director.
Such appointments and compensation may be made without regard
to the provisions of title 5, United States Code, that govern
appointments in the competitive services, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title that
relate to classifications and the General Schedule pay rates.
(2) Limitation.--Staff members appointed under paragraph
(1) may not be compensated in excess of the maximum rate of
basic pay payable for GS-15, except that the executive director
may not be compensated in an amount exceeding the maximum rate
of basic pay payable under the General Schedule for positions
above GS-15.
(b) Consultants.--The Commission may procure such temporary and
intermittent services of consultants under section 3109(b) of title 5,
United States Code, as the Commission may determine to be useful in
carrying out the duties under section 3. The Commission may not procure
services under this subsection at any rate in excess of the daily
equivalent of the maximum annual rate of basic pay payable under the
General Schedule for positions above GS-15. Consultants under this
subsection may, in accordance with chapter 57 of title 5, United States
Code, be reimbursed for travel, subsistence, and other necessary
expenses incurred for activities carried out on behalf of the
Commission pursuant to section 3.
SEC. 6. POWERS.
(a) In General.--For the purpose of carrying out the duties of the
Commission under section 3, the Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the Commission considers appropriate.
(b) Obtaining Official Information.--Upon the request of the
Commission, the heads of Federal agencies shall furnish directly to the
Commission information necessary for the Commission to carry out the
duties under section 3.
(c) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support,
including quarters for the Commission, as may be necessary for the
Commission to carry out the duties under section 3.
(e) Acceptance of Gifts.--The Commission may accept cash and in-
kind contributions to the Commission for the purpose of carrying out
the activities of the Commission.
SEC. 7. DURATION OF COMMISSION.
The Commission terminates upon the expiration of the 60-day period
beginning on the date on which the final report is submitted under
section 3(b).
SEC. 8. AUTHORIZATION FOR APPROPRIATIONS.
For the purpose of carrying out this Act, there is authorized to be
appropriated $3,000,000. Amounts appropriated under the preceding
sentence are available until the termination of the Commission under
section 7. | Harold Hughes Commission on Alcoholism Act - Establishes the Harold Hughes Commission on Alcoholism to study: (1) existing Federal agencies and programs related to alcoholism; (2) public education, both directly by governmental agencies and by governmental agencies working with private sector groups; (3) physician instruction; (4) unmet research needs; and (5) treatment effectiveness and cost- effectiveness.
Authorizes appropriations. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elderly Housing Plus Health Support
Demonstration Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are at least 34,100,000 Americans who are 65
years and older, and persons who are 85 years of age or older
(often called the oldest old) comprise almost one-quarter of
that population;
(2) the Bureau of the Census of the Department of Commerce
estimates that, by 2030, the elderly population will double to
70,000,000 persons;
(3) according to the Department of Housing and Urban
Development report ``Housing Our Elders--A Report Card on the
Housing Conditions and Needs of Older Americans'', the largest
and fastest growing segments of the older population include
many people who have historically been vulnerable economically
and in the housing market--women, minorities, and the oldest
old;
(4) many elderly persons are at significant risk with
respect to the availability, stability, and accessibility of
affordable housing, as evidenced by a recent study which
indicates that 1,700,000 low-income senior households spend
more than one-half of their incomes on housing;
(5) over 1,000,000 of the approximately 3,700,000 Americans
who are 62 years of age or older and are living in federally
assisted housing reside in public housing, thereby making it
the largest Federal housing program for senior citizens;
(6) the elderly population residing in public housing is
older, poorer, frailer, and more racially diverse than the
elderly population residing in other assisted housing;
(7) two-thirds of the public housing developments for the
elderly, including those that also serve the disabled, were
constructed before 1970 and are in dire need of major
rehabilitation, such as rehabilitation to provide new roofs,
energy-efficient heating, cooling, and utility systems, and up-
to-date safety features, such as sprinklers, fire alarms, and
security systems;
(8) many of the dwelling units in public housing
developments for elderly and disabled persons are undersized,
are inaccessible to residents with physical limitations, do not
comply with the requirements under the Americans with
Disabilities Act of 1990, or lack railings, grab bars,
emergency call buttons, and wheel chair accessible ramps;
(9) a recent study for the Department of Housing and Urban
Development found that the cost of the basic modernization
needs for public housing for elderly and disabled persons
exceeds $5,700,000,000;
(10) a growing number of elderly and disabled persons face
unnecessary institutionalization because of the absence of
appropriate supportive services and assisted living facilities
in their residences;
(11) for many elderly and disabled persons, independent
living in a non-institutionalization setting is a preferable
housing alternative to costly institutionalization, and would
allow public monies to be more effectively used to provide
necessary services for such persons;
(12) congregate housing and supportive services coordinated
by service coordinators is a proven and cost-effective means of
enabling elderly and disabled persons to remain in place with
dignity and independence; and
(13) the effective provision of congregate services and
assisted living in public housing developments often requires
the redesign of units and buildings to accommodate independent
living.
(b) Purposes.--The purposes of this Act are--
(1) to establish a program to demonstrate the effectiveness
of making competitive grants to provide state-of-the-art
health-supportive housing with assisted living opportunities
for elderly and disabled persons;
(2) to provide funding to enhance, make safe and
accessible, and extend the useful life of public housing
developments for the elderly and disabled and to increase their
accessibility to supportive services;
(3) to provide elderly and disabled public housing
residents a readily available choice in living arrangements by
utilizing the services of service coordinators and providing a
continuum of care that allows such residents to age in place;
(4) to incorporate congregate housing service programs more
fully into public housing operations; and
(5) to accomplish such purposes and provide such funding
under existing provisions of law that currently authorize all
activities to be conducted under the demonstration program.
SEC. 3. AUTHORITY FOR ELDERLY HOUSING PLUS HEALTH SUPPORT DEMONSTRATION
PROGRAM.
The Secretary of Housing and Urban Development (in this Act
referred to as the ``Secretary'') shall carry out an elderly housing
plus health support demonstration program under this Act to demonstrate
the effectiveness of providing coordinated funding for selected public
housing projects for elderly and disabled families to provide amounts
for rehabilitating such projects, for providing space in such projects
for supportive services and community and health facilities, for
providing service coordinators for such projects, and for providing
congregate services programs in or near such projects.
SEC. 4. PARTICIPATION IN PROGRAM.
(a) Application and Plan.--To be eligible to be selected for
participation in the demonstration program under this Act, a public
housing agency shall submit to the Secretary--
(1) an application, in such form and manner as the
Secretary shall require; and
(2) a plan for the agency that--
(A) identifies the public housing projects for
which amounts provided under this Act will be used,
which may only be projects that are designated, or
otherwise used, for occupancy (i) only by elderly
families, or (ii) by both elderly families and disabled
families; and
(B) provides for local agencies or organizations to
establish or expand the provision of health-related
services or other services that will enhance living for
residents of public housing projects of the agency,
primarily in the project or projects to be assisted
under the demonstration program.
(b) Selection and Criteria.--The Secretary shall select public
housing agencies for participation in the demonstration program under
this Act based upon a competition among public housing agencies
submitting applications for participation. The competition shall be
based upon the following criteria:
(1) The extent of the need, for the projects of an agency
that are identified in the plan of the agency pursuant to
section 4(a)(2)(A), for rehabilitation activities.
(2) The past performance of an agency in serving the needs
of elderly public housing residents or non-elderly, disabled
public housing residents.
(3) The past success of an agency in obtaining non-public
housing resources to assist such residents.
(4) The effectiveness of the plan of an agency in creating
or expanding services described in subsection (a)(2)(B).
SEC. 5. CAPITAL IMPROVEMENTS.
(a) Assistance.--To the extent amounts are made available under
subsection (c), the Secretary shall provide assistance from the Capital
Fund established under section 9(d)(1) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(d)(1)) to public housing agencies selected for
participation in the demonstration program under this Act for use only
for capital improvements to rehabilitate public housing projects
identified in the plan of the agency pursuant to section 4(a)(2)(A) of
this Act or to provide space for supportive services and for community
and health-related facilities primarily for the residents of such
projects.
(b) Allocation.--Amounts made available under subsection (c) shall
be allocated among public housing agencies selected to participate in
the demonstration program under this Act on the basis of the criteria
under section 4(b). Section 9(c)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437g(c)(1)) shall not apply to such amounts.
(c) Authorization of Appropriations.--For providing assistance
under this section in connection with the demonstration program under
this Act, there is authorized to be appropriated to the Capital Fund
established under section 9(d)(1) of the United States Housing Act of
1937 $250,000,000 for fiscal year 2001 and such sums as may be
necessary for each subsequent fiscal year.
SEC. 6. SERVICE COORDINATORS.
(a) Assistance.--To the extent amounts are made available under
subsection (c), the Secretary shall make grants under section 34 of the
United States Housing Act of 1937 (42 U.S.C. 1437z-6) to public housing
agencies selected for participation in the demonstration program under
this Act. Such grants shall be used only in accordance with section
34(b)(2) of such Act, for public housing projects for elderly and
disabled families for which capital assistance is provided under
section 5 of this Act, to provide service coordinators and related
activities identified in the plan of the agency pursuant to section
4(a)(2) of this Act so that the residents of such projects will have
improved and more economical access to services that support their
health and well-being. Subsections (c), (d), and (e) of such section 34
shall not apply to amounts made available under this section.
(b) Allocation.--The Secretary shall provide a grant pursuant to
this section, in an amount not exceeding $400,000, to each public
housing agency that is selected to participate in the demonstration
program under this Act.
(c) Authorization of Appropriations.--For grants under section 34
of the United States Housing Act of 1937 in accordance with this
section, there is authorized to be appropriated $10,000,000 for fiscal
year 2001 and such sums as may be necessary for each subsequent fiscal
year.
SEC. 7. CONGREGATE HOUSING SERVICES PROGRAMS.
(a) Assistance.--To the extent amounts are made available under
subsection (c), the Secretary shall make grants under section 34 of the
United States Housing Act of 1937 (42 U.S.C. 1437z-6) to public housing
agencies selected for participation in the demonstration program under
this Act. Such grants shall be used only in accordance with section
34(b)(2) of such Act, in connection with public housing projects for
elderly and disabled families for which capital assistance is provided
under section 5 of this Act, to carry out a congregate housing service
program identified in the plan of the agency pursuant to section
4(a)(2) of this Act that provides services as described in section
202(g)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(g)(1). No other
provision of such section 202 shall apply to such grants. Subsections
(c), (d), and (e) of such section 34 shall not apply to amounts made
available under this section.
(b) Allocation.--The Secretary shall provide a grant pursuant to
this section, in an amount that does not exceed $750,000, to each
public housing agency that is selected to participate in the
demonstration program under this Act and that, in applying for
assistance under the demonstration program, requests such assistance.
(c) Authorization of Appropriations.--For grants under section 34
of the United States Housing Act of 1937 in accordance with this
section, there is authorized to be appropriated $15,000,000 for fiscal
year 2001 and such sums as may be necessary for each subsequent year.
SEC. 8. SAFEGUARDING OTHER APPROPRIATIONS.
Amounts authorized to be appropriated by this Act for use under the
Elderly Plus demonstration program under this Act are in addition to
any amounts authorized to be appropriated under any other provision of
law or that have otherwise made available in appropriation Acts, for
rehabilitation of public housing projects, for service coordinators for
public housing projects, or for congregate housing services programs. | Sets forth public housing authority (PHA) selection provisions.
Authorizes appropriations for capital improvements Directs the Secretary to provide PHA grants under the Housing Act of 1937 for service coordinator and congregate services. Authorizes appropriations. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans to Work Pilot Program Act
of 2009''.
SEC. 2. VETERANS TO WORK PILOT PROGRAM.
(a) Veterans to Work Program.--Subchapter III of chapter 169 of
title 10, United States Code, is amended by inserting after section
2856 the following new section:
``Sec. 2857. Veterans to Work Pilot Program
``(a) Pilot Program; Purposes.--The Secretary of Defense shall
establish the Veterans to Work pilot program to determine--
``(1) the maximum feasible extent to which apprentices may
be employed to work on military construction projects
designated under subsection (b);
``(2) the maximum feasible extent to which the apprentices
so employed are veterans; and
``(3) the feasibility of expanding the employment of
apprentices to military construction projects in addition to
those projects designated under subsection (b).
``(b) Designation of Military Construction Projects for Pilot
Program.--(1) For each of fiscal years 2011 through 2015, the Secretary
of Defense shall designate for inclusion in the pilot program not less
than 20 military construction projects (including unspecified minor
military construction projects under section 2805(a) of this title)
that will be conducted in that fiscal year.
``(2) In designating military construction projects under this
subsection, the Secretary of Defense shall--
``(A) to the greatest extent possible, designate military
construction projects that are located where there are veterans
enrolled in qualified apprenticeship programs or veterans who
could be enrolled in qualified apprenticeship programs in a
cost-effective, timely, and feasible manner;
``(B) ensure geographic diversity among the military
construction projects designated; and
``(C) select projects to be carried out in the continental
United States, Alaska, Hawaii, Guam, Puerto Rico, the Northern
Mariana Islands, and the United States Virgin Islands.
``(3) Unspecified minor military construction projects may not
exceed 40 percent of the military construction projects designated
under this subsection for a fiscal year.
``(c) Contract Provisions.--Any agreement that the Secretary of
Defense enters into for a military construction project that is
designated for inclusion in the pilot program shall ensure that, to the
maximum extent feasible, apprentices shall be employed on that military
construction project and that, to the maximum extent feasible, such
apprentices shall be veterans.
``(d) Qualified Apprenticeship and Other Training Programs.--
``(1) Participation by each contractor required.--Each
contractor and subcontractor that seeks to provide construction
services on projects designated by the Secretary pursuant to
subsection (b) shall submit adequate assurances with its bid or
proposal that it participates in a qualified apprenticeship or
other training program for each craft or trade classification
of worker that it intends to employ to perform work on the
project.
``(2) Definition of qualified apprenticeship or other
training programs.--
``(A) In general.--For purposes of this section,
the term `qualified apprenticeship or other training
program' means an apprenticeship or other training
program that qualifies as an employee welfare benefit
plan, as defined in section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(1)).
``(B) Certification of other programs in certain
localities.--In the event that the Secretary of Labor
certifies that a qualified apprenticeship or other
training program (as defined in subparagraph (A)) for a
craft or trade classification of workers that a
prospective contractor or subcontractor intends to
employ, is not operated in the locality where the
project will be performed, an apprenticeship or other
training program that is not an employee welfare
benefit plan (as defined in such section) may be
certified by the Secretary as a qualified
apprenticeship or other training program provided it is
registered with the Office of Apprenticeship of the
Department of Labor, or a State apprenticeship agency
recognized by the Office of Apprenticeship for Federal
purposes.
``(e) Report.--(1) Not later than 150 days after the end of each
fiscal year during which the pilot program is active, the Secretary of
Defense shall submit to Congress a report that includes the following:
``(A) The progress of designated military construction
projects and the role of apprentices in achieving that
progress.
``(B) Any challenges, difficulties, or problems encountered
in recruiting apprentices or in recruiting veterans to become
apprentices.
``(C) Cost differentials in the designated military
construction projects compared to similar projects completed
contemporaneously, but not designated for the pilot program.
``(D) Evaluation of benefits derived from employing
apprentices, including the following:
``(i) Workforce sustainability.
``(ii) Workforce skills enhancement.
``(iii) Increased short- and long-term cost-
effectiveness.
``(iv) Improved veteran employment in sustainable
wage fields.
``(E) Any additional benefits derived from employing
apprentices and veteran apprentices.
``(F) Recommendations on how to more effectively employ
apprentices in subsequent fiscal years.
``(G) Any other information the Secretary of Defense
determines appropriate.
``(2) Not later than March 1, 2016, the Secretary of Defense shall
submit to Congress a report that--
``(A) analyzes the pilot program in terms of its effect on
the sustainability of a workforce to meet the military
construction needs of the Armed Forces;
``(B) studies overall improvements in veteran employment in
sustainable wage fields or professions; and
``(C) makes recommendations on the continuation,
modification, or expansion of the pilot program on the basis of
such factors as the Secretary of Defense determines
appropriate, including the following:
``(i) Workforce sustainability.
``(ii) Cost-effectiveness.
``(iii) Community development.
``(f) Definitions.--In this section:
``(1) The term `apprentice' means an individual who is
employed pursuant to, and individually registered in, a
`qualified apprenticeship or other training program,' as
defined in subsection (d)(2)(A) or other apprenticeship or
training programs recognized in accordance with subsection
(d)(2)(B).
``(2) The term `pilot program' means the Veterans to Work
pilot program established under subsection (a).
``(3) The term `State' means any of the States, the
District of Columbia, or territories of Guam, Puerto Rico, the
Northern Mariana Islands, and the United States Virgin Islands.
``(4) The term `veteran' has the meaning given such term
under section 101(2) of title 38.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2856 the following new item:
``2857. Veterans to Work Pilot Program.''. | Veterans to Work Pilot Program Act of 2009 - Directs the Secretary of Defense (DOD) to establish the Veterans to Work pilot program to determine: (1) the maximum extent to which apprentices may be employed on designated military construction projects; (2) the maximum extent to which such apprentices are veterans; and (3) the feasibility of expanding the employment of apprentices to military construction projects other than those designated. Requires the Secretary, for each of FY2011-FY2015, to designate for the pilot program at least 20 military construction projects, taking into account specified considerations.
Requires each contractor or subcontractor on a designated project to assure that it participates in a qualified apprenticeship or other training program for each craft or trade classification of worker that it intends to employ on the construction project. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Electric Infrastructure
Protection Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the critical electric infrastructure of the United
States and Canada has more than $1,000,000,000,000 in asset
value, more than 200,000 miles of transmission lines, and more
than 800,000 megawatts of generating capability, serving over
300,000,000 people;
(2) the effective functioning of electric infrastructure is
highly dependent on computer-based control systems that are
used to monitor and manage sensitive processes and physical
functions;
(3)(A) control systems are becoming increasingly connected
to open networks, such as corporate intranets and the Internet;
and
(B) according to the United States Computer Emergency
Readiness Team of the Department of Homeland Security, the
transition towards widely used technologies and open
connectivity exposes control systems to the ever-present cyber
risks that exist in the information technology world in
addition to control system specific risks;
(4) malicious actors pose a significant risk to the
electric infrastructure;
(5) the Federal Bureau of Investigation has identified
multiple sources of threats to the critical electric
infrastructure, including foreign nation states, domestic
criminals and hackers, and disgruntled employees;
(6) foreign electric infrastructure has been repeatedly
subject to cyber attack;
(7) the Commission to Assess the Threat to the United
States from Electromagnetic Pulse Attack reported in 2008 that
an electromagnetic pulse attack could cause significant damage
or disruption to critical electric infrastructure and other
critical infrastructure, due to the widespread use of
supervisory control and data acquisition systems;
(8) the Control Systems Security Program of the Department
of Homeland Security is designed to increase the reliability,
security, and resilience of control systems by--
(A) developing voluntary cyber risk reduction
products;
(B) supporting the Industrial Control Systems
Computer Emergency Response Team of the Department of
Homeland Security in developing vulnerability
mitigation recommendations and strategies; and
(C) coordinating and leveraging activities for
improving the critical infrastructure security posture
of the United States;
(9) in the interest of national and homeland security, a
statutory mechanism is necessary to protect the critical
electric infrastructure against cyber security threats; and
(10) on May 21, 2008, in testimony before the Committee on
Homeland Security of the House of Representatives, Joseph
Kelliher, then-Chairman of the Federal Energy Regulatory
Commission, stated that the Commission is in need of additional
legal authorities to adequately protect the electric power
system against cyber attack.
SEC. 3. INVESTIGATION OF CYBER COMPROMISE OF CRITICAL ELECTRIC
INFRASTRUCTURE.
(a) In General.--Pursuant to section 201 of the Homeland Security
Act of 2002 (6 U.S.C. 121), the Secretary of Homeland Security, working
with other national security and intelligence agencies, shall conduct
an investigation to determine if the security of Federally owned
programmable electronic devices and communication networks (including
hardware, software, and data) essential to the reliable operation of
critical electric infrastructure have been compromised.
(b) Focus.--The investigation under this section shall focus on--
(1) the extent of compromise;
(2) the identification of attackers;
(3) the method of penetration;
(4) the ramifications of the compromise on future
operations of critical electric infrastructure;
(5) the secondary ramifications of the compromise on other
critical infrastructure sectors and the functioning of civil
society;
(6) the ramifications of the compromise on national
security, including war fighting capability; and
(7) recommended mitigation activities.
(c) Report.--The Secretary of Homeland Security shall submit to the
appropriate committees of Congress (including the Committee on Homeland
Security of the House of Representatives and the Homeland Security and
Governmental Affairs Committee of the Senate) a report on findings of
the investigation, including (at the option of the Secretary) a
classified annex.
SEC. 4. CRITICAL INFRASTRUCTURE.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. CRITICAL INFRASTRUCTURE.
``(a) Definitions.--In this section:
``(1) Critical electric infrastructure.--The term `critical
electric infrastructure' means systems and assets, whether
physical or cyber, used for the generation, transmission,
distribution, or metering of electric energy in interstate
commerce that are so vital to the United States that the
incapacity or destruction of the systems and assets, either
alone or in combination with the failure of other assets, would
have a debilitating impact on the security of the United
States, national or regional economic security, or national or
regional public health or safety.
``(2) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
critical infrastructure information related to critical
electric infrastructure.
``(3) Critical infrastructure information.--The term
`critical infrastructure information' has the same meaning
given the term in section 212 of the Critical Infrastructure
Information Act of 2002 (6 U.S.C. 131).
``(4) Cyber threat.--The term `cyber threat' means any act
that disrupts, attempts to disrupt, or poses a significant risk
of disruption to the operation of programmable electronic
devices and communication networks (including hardware,
software, and data) essential to the reliable operation of
critical electric infrastructure.
``(5) Cyber vulnerability.--The term `cyber vulnerability'
means any weakness that, if exploited, poses a significant risk
of disruption to the operation of programmable electronic
devices and communication networks (including hardware,
software, and data) essential to the reliable operation of
critical electric infrastructure.
``(b) Assessment, Report, and Determination of Vulnerability or
Threat to Critical Electric Infrastructure.--
``(1) In general.--Pursuant to section 201 of the Homeland
Security Act of 2002 (6 U.S.C. 121), the Secretary of Homeland
Security shall--
``(A) assess cyber vulnerabilities and cyber
threats to critical infrastructure, including critical
electric infrastructure and advanced metering
infrastructure, on an ongoing basis; and
``(B) produce reports, including recommendations,
on a periodic basis.
``(2) Elements of reports.--The Secretary shall--
``(A) include in the reports under this section
findings regarding cyber vulnerabilities and cyber
threats to critical electric infrastructure; and
``(B) provide recommendations regarding actions
that may be performed by the Federal Government or the
private sector to enhance individualized and collective
domestic preparedness and response to the cyber
vulnerability or cyber threat.
``(3) Submission of report.--The Secretary of Homeland
Security shall submit to the Commission and the appropriate
committees of Congress (including the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate)
reports prepared in response to the cyber vulnerability or
cyber threat that describe the determinations of the Secretary,
including (at the option of the Secretary) a classified annex.
``(4) Timely determination.--
``(A) In general.--In carrying out the assessment
required under paragraph (1), if the Secretary of
Homeland Security determines that a significant cyber
vulnerability or cyber threat to critical electric
infrastructure has been identified, the Secretary shall
communicate the determination to the Commission in a
timely manner.
``(B) Information.--The Secretary of Homeland
Security may incorporate intelligence or information
received from other national security or intelligence
agencies in making the determination.
``(c) Commission Authority.--
``(1) Issuance of rules or orders.--Following receipt of a
finding under subsection (b), the Commission shall promulgate
or issue (and from time to time amend) such rules or orders as
are necessary to protect critical electric infrastructure
against cyber vulnerabilities or cyber threats.
``(2) Emergency procedures.--The Commission may issue, in
consultation with the Secretary of Homeland Security, a rule or
order under this section without prior notice or hearing if the
Commission determines the rule or order must be issued
immediately to protect critical electric infrastructure from an
imminent threat or vulnerability.
``(d) Duration of Emergency Rules or Orders.--Any rule or order
promulgated or issued by the Commission without prior notice or hearing
under subsection (c)(2) shall remain effective for a period of not more
than 90 days unless, during the 90-day period, the Commission--
``(1) gives interested persons an opportunity to submit
written data, views, or arguments (with or without opportunity
for oral presentation); and
``(2) affirms, amends, or repeals the rule or order.
``(e) Jurisdiction.--
``(1) In general.--Notwithstanding section 201, this
section shall apply to any entity that owns, controls, or
operates critical electric infrastructure.
``(2) Covered entities.--
``(A) In general.--An entity described in paragraph
(1) shall be subject to the jurisdiction of the
Commission for purposes of--
``(i) carrying out this section; and
``(ii) applying the enforcement authorities
of this Act with respect to this section.
``(B) Jurisdiction.--This subsection shall not make
an electric utility or any other entity subject to the
jurisdiction of the Commission for any other purposes.
``(f) Protection of Critical Electric Infrastructure Information.--
Section 214 of the Homeland Security Act of 2002 (6 U.S.C. 133) shall
apply to critical electric infrastructure information submitted to the
Commission under this section to the same extent as that section
applies to critical infrastructure information voluntarily submitted to
the Department of Homeland Security under that Act (6 U.S.C. 101 et
seq.).
``(g) Protection Against Known Cyber Vulnerabilities or Cyber
Threats to Critical Electric Infrastructure.--
``(1) Interim measures.--
``(A) In general.--After notice and opportunity for
comment, the Commission shall establish, in
consultation with the Secretary of Homeland Security,
by rule or order, not later than 120 days after the
date of enactment of this Act, such mandatory interim
measures as are necessary to protect against known
cyber vulnerabilities or cyber threats to the reliable
operation of the critical electric infrastructure of
the United States.
``(B) Administration.--The interim reliability
measures--
``(i) shall serve to supplement, replace,
or modify cybersecurity reliability standards
that, as of the date of enactment of this
section, were in effect pursuant to this Act,
but that are determined by the Commission, in
consultation with the Secretary of Homeland
Security and other national security agencies,
to be inadequate to address known cyber
vulnerabilities or cyber threats; and
``(ii) may be replaced by new cybersecurity
reliability standards that are developed and
approved pursuant to this Act following the
date of enactment of this section.
``(2) Plans.--The rule or order issued under this
subsection may require any owner, user, or operator of critical
electric infrastructure in the United States--
``(A) to develop a plan to address cyber
vulnerabilities or cyber threats identified by the
Commission; and
``(B) to submit the plan to the Commission for
approval.''. | Critical Electric Infrastructure Protection Act of 2009 - Directs the Secretary of Homeland Security, working with other national security and intelligence agencies, to conduct an investigation to determine if the security of federally owned programmable electronic devices and communication networks (including hardware, software, and data) essential to the operation of critical electric infrastructure have been compromised.
Amends the Federal Power Act to direct the Secretary to make ongoing assessments and provide periodic reports with respect to cyber vulnerabilities and cyber threats to critical infrastructure, including critical electric infrastructure and advanced metering infrastructure.
Directs the Federal Energy Regulatory Commission (FERC) to establish mandatory interim measures to protect against known cyber vulnerabilities or threats to the operation of the critical electric infrastructure in the United States. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Airman Michael Malarsie
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As of the day before the date of the enactment of this
Act, thousands of members of the Armed Forces and veterans have
visual, hearing, or substantial mobility impairments and
receive benefits from the Department of Veterans Affairs.
(2) In fiscal year 2011, 269 veterans received benefits
from the Department of Veterans Affairs for guide dogs (visual
impairments), hearing dogs, and mobility dogs.
(3) As of the day before the date of the enactment of this
Act, the number of veterans who need the assistance of guide
dogs is expected to increase as more members of the Armed
Forces who serve in Operation Enduring Freedom, Operation Iraqi
Freedom, and Operation New Dawn are diagnosed with disabilities
and veterans who already have assistance dogs need replacement
dogs.
(4) As of the day before the date of the enactment of this
Act, members of the Armed Forces and veterans diagnosed with
visual, hearing, or mobility impairments are subject to long
waiting periods to receive assistance dogs. Nonprofit
organizations train and provide service dogs free of charge to
such members and veterans, but rely solely on fundraising and
volunteer staff to meet growing demand.
(5) According to the annual survey conducted by Assistance
Dogs International for 2011, there was a backlog of 188
veterans waiting for dog placement of guide and service dogs.
In that same survey, agency members of Assistance Dogs
International were able to place dogs with only 72 veterans.
(6) As of the day before the date of the enactment of this
Act, each guide dog costs approximately $45,000 and takes about
two years to raise and train.
(7) In fiscal year 2011, the Department of Veterans Affairs
spent $243,992 on veterinary care and necessary hardware for
266 service dogs, including those trained to aid visually,
hearing, or mobility impairments. The average cost per veteran
was $917.
(8) As of the day before the date of the enactment of this
Act, service dogs work on average 10 years, and young veterans
can require multiple replacements during the span of their
lifetime.
SEC. 3. SENIOR AIRMAN MICHAEL MALARSIE PROGRAM.
(a) Establishment.--
(1) In general.--Subject to the availability of
appropriations provided for such purpose, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
establish a program to award competitive grants to eligible
entities to assist eligible entities in planning, designing,
establishing, and operating programs to provide assistance dogs
to covered members and veterans.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Senior Airman Michael Malarsie
Program'' (in this section referred to as the ``Program'').
(b) Eligible Entities.--For purposes of the Program, an eligible
entity is any entity that--
(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under section
501(a) of such Code; and
(2) is a member of the International Guide Dog Federation
or Assistance Dogs International.
(c) Covered Members and Veterans.--For purposes of the Program--
(1) a covered member of the Armed Forces is any member of
the Armed Forces who is--
(A) receiving medical treatment, recuperation, or
therapy under chapter 55 of title 10, United States
Code;
(B) in medical hold or medical holdover status; or
(C) covered under section 1202 or 1205 of title 10,
United States Code; and
(2) a covered veteran is any veteran who is enrolled in the
system of annual patient enrollment established under section
1705(a) of title 38, United States Code.
(d) Application.--
(1) In general.--An eligible entity seeking a grant under
the Program shall submit an application to the Secretary of
Defense and the Secretary of Veterans Affairs therefor at such
time, in such manner, and containing such information as the
Secretary of Defense and the Secretary of Veterans Affairs may
require.
(2) Elements.--Each application submitted under paragraph
(1) shall include the following:
(A) A proposal for the evaluation required by
subsection (f).
(B) A description of the following:
(i) The training that will be provided by
the eligible entity to covered members and
veterans.
(ii) The training of dogs that will serve
as assistance dogs.
(iii) The aftercare services that the
eligible entity will provide for such dogs and
covered members and veterans.
(iv) The plan for publicizing the
availability of such dogs through a targeted
marketing campaign to covered members and
veterans.
(v) The recognized expertise of the
eligible entity in breeding and training such
dogs, including how many of such dogs were
provided to covered members and veterans during
the most recent three-year period.
(vi) The commitment of the eligible entity
to humane standards for animals.
(vii) The experience of the eligible entity
with working with military medical treatment
facilities or medical facilities of the
Department of Veterans Affairs.
(e) Use of Funds.--
(1) In general.--The recipient of a grant under the Program
shall use the grant to carry out programs that provide
assistance dogs to covered members and veterans who have a
disability described in paragraph (2).
(2) Disability.--A disability described in this paragraph
is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other
significant mobility issues.
(C) Loss of hearing.
(D) Any other disability with respect to which the
Secretary of Defense and the Secretary of Veterans
Affairs determine that provision of an assistance dog
under the Program would be appropriate for the
treatment or rehabilitation of a covered member or
veteran with such disability.
(3) Post-traumatic stress disorder and traumatic brain
injury.--
(A) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall determine whether
the provision of an assistance dog under the Program to
a covered member or veteran with post-traumatic stress
disorder or traumatic brain injury would be appropriate
for the treatment or rehabilitation of such covered
member or veteran.
(B) Consideration of study on use of service dogs
for treatment or rehabilitation of veterans with mental
injuries or disabilities.--In making a determination
under subparagraph (A), the Secretary of Defense and
the Secretary of Veterans Affairs shall consider the
findings of the Secretary of Veterans Affairs regarding
the study conducted under section 1077(d) of the
National Defense Authorization Act for Fiscal year 2010
(Public Law 111-84).
(f) Evaluation.--The Secretary of Defense and the Secretary of
Veterans Affairs shall require each recipient of a grant under the
Program to use a portion of the funds made available through the grant
to conduct an evaluation of the effectiveness of the activities carried
out through the grant by such recipient.
(g) Assistance Dog Defined.--In this section, the term ``assistance
dog'' means a dog specifically trained to perform physical tasks to
mitigate the effects of a disability described in subsection (e)(2),
except that the term does not include a dog specifically trained for
comfort or personal defense.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2012 through 2016. | Senior Airman Michael Malarsie Act - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly establish the Senior Airman Michael Malarsie Program for the awarding of grants to certain nonprofit organizations to assist them in establishing and operating programs to provide assistance dogs to certain members of the Armed Forces and veterans who have certain visual, hearing, or mobility disabilities. Requires such Secretaries to determine whether such assistance for members or veterans with post-traumatic stress disorder or traumatic brain injury would be appropriate, taking into account the findings of a specified study conducted under the National Defense Authorization Act for Fiscal Year 2010.
Defines the term "assistance dog" to mean a dog specifically trained to perform physical tasks to mitigate the effects of such a disability, except that such term does not include a dog specifically trained for comfort or personal defense. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Gun Safety and Gun Access
Prevention Act of 2000''.
SEC. 2. INCREASING YOUTH GUN SAFETY BY RAISING THE AGE OF HANDGUN
ELIGIBILITY AND PROHIBITING YOUTH FROM POSSESSING
SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``juvenile'' and inserting ``person
who is less than 21 years of age'';
(B) by striking ``or'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon; and
(D) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.'';
(2) in paragraph (2)--
(A) by striking ``a juvenile'' and inserting ``less
than 21 years of age'';
(B) by striking ``or'' at the end of subparagraph
(A);
(C) by striking the period at the end of
subparagraph (B) and inserting a semicolon; and
(D) by inserting at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding
device.'';
(3) in paragraph (3)(A), by inserting ``temporary'' before
``possession'';
(4) in paragraph (3)(B), by striking ``juvenile'' and
inserting ``person who is less than 21 years of age'';
(5) in paragraph (3)(C), by striking ``juvenile; or'' and
inserting ``person who is less than 21 years of age;'';
(6) by striking subparagraph (D) of paragraph (3) and
inserting the following:
``(D) the possession of a handgun or ammunition by a person
who is less than 21 years of age taken in defense of that
person or other persons against an intruder into the residence
of that person or a residence in which that person is an
invited guest; or'';
(7) by adding at the end of paragraph (3) the following:
``(E) a temporary transfer of a handgun or ammunition to a
person who is at least 18 years of age and less than 21 years
of age, or the temporary use or possession of a handgun or
ammunition by a person who is at least 18 years of age and less
than 21 years of age, if the handgun and ammunition are
possessed and used by the person--
``(i) in the course of employment, in the course of
ranching or farming related to activities at the
residence of the person (or on property used for
ranching or farming at which the person, with the
permission of the property owner or lessee, is
performing activities related to the operation of the
farm or ranch), target practice, hunting, or a course
of instruction in the safe and lawful use of a handgun;
and
``(ii) in accordance with State and local
law.''; and
(8) by amending paragraph (4) to strike ``juvenile''
wherever it appears and insert ``person who is less than 21
years of age''.
SEC. 3. ENHANCED PENALTY FOR YOUTH POSSESSION OF HANDGUNS AND
SEMIAUTOMATIC ASSAULT WEAPONS AND FOR THE TRANSFER OF
SUCH WEAPONS TO YOUTH.
Section 924(a)(6) of title 18, United States Code, is amended to
read as follows:
``(6)(A) A juvenile who violates section 922(x) shall be fined
under this title, imprisoned not more than one year, or both, and for a
second or subsequent violation, or for a first violation committed
after an adjudication of delinquency or after a State or Federal
conviction for an act that, if committed by an adult, would be a
serious violent felony (as defined in section 3559(c) of this title),
shall be fined under this title, imprisoned not more than five years,
or both.
``(B) A person other than a juvenile who knowingly violates section
922(x)--
``(i) shall be fined under this title, imprisoned not more
than five years, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition, semiautomatic assault
weapon, or large capacity ammunition feeding device to a person
who is less than 21 years of age knowing or having reasonable
cause to know that such person intended to carry or otherwise
possess or discharge or otherwise use the handgun, ammunition,
semiautomatic assault weapon, or large capacity ammunition
feeding device in the commission of a crime of violence, shall
be fined under this title, imprisoned for not more than 10
years, or both.''.
SEC. 4. GUN STORAGE AND SAFETY DEVICES FOR ALL FIREARMS.
(a) Secure Gun Storage or Safety Devices by Federal Firearms
Licensees.--Section 922 of title 18, United States Code, is amended by
adding at the end the following:
``(z) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, transfer, or deliver any
firearm to any person (other than a licensed importer, licensed
manufacturer, or licensed dealer) unless the transferee is provided
with a secure gun storage or safety device.''.
(b) Penalties.--Section 924 of such title is amended--
(1) in subsection (a)(1) by inserting ``, or (p)'' before
``of this section''; and
(2) by adding at the end the following:
``(p) The Secretary may, after notice and opportunity for hearing,
suspend or revoke any license issued under this chapter or may subject
the licensee to a civil penalty of not more than $10,000 if the holder
of such license has knowingly violated section 922(z) of this chapter.
The Secretary's actions under this subsection may be reviewed only as
provided in section 923(f).''.
(c) Repeal of Inconsistent Provisions.--
(1) Section 923(d)(1) of such title is amended--
(A) in subparagraph (E) by adding at the end
``and'';
(B) in subparagraph (F) by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (G).
(2) Section 923(e) of such title is amended by striking
``or fails to have secure gun storage or safety devices
available at any place in which firearms are sold under the
license to persons who are not licensees (except that in any
case in which a secure gun storage or safety device is
temporarily unavailable because of theft, casualty loss,
consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, shall not be
considered to be in violation of the requirement to make
available such a device)''.
(3) Section 119 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1999 (as contained in section 101(b) of division A of the
Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999; Public Law 105-277) is amended by striking
subsection (d).
(d) Effective Date.--The amendments made by this section shall be
effective 180 days after the date of enactment of this Act.
SEC. 5. RESPONSIBILITY OF ADULTS FOR DEATH AND INJURY CAUSED BY CHILD
ACCESS TO FIREARMS.
Section 922 of title 18, United States Code, is further amended by
adding at the end the following:
``(aa)(1) In this subsection, the term `child' means an individual
who has not attained the age of 18 years.
``(2) Except as provided in paragraph (3), any person who--
``(A) keeps a loaded firearm, or an unloaded firearm and
ammunition for the firearm, any one of which has been shipped
or transported in interstate or foreign commerce, within any
premises that is under the custody or control of that person;
and
``(B) knows, or recklessly disregards the risk, that a
child is capable of gaining access to the firearm; and
``(C)(i) knows, or recklessly disregards the risk, that a
child will use the firearm to cause death or serious bodily
injury (as defined in section 1365 of this title) to the child
or any other person; or
``(ii) knows, or recklessly disregards the risk, that
possession of the firearm by the child is unlawful under
Federal or State law,
if the child uses the firearm to cause death or serious bodily injury
to the child or any other person, shall be imprisoned not more than 3
years, fined under this title, or both.
``(3) Paragraph (2) shall not apply if--
``(A) at the time the child obtained access, the firearm
was secured with a secure gun storage or safety device;
``(B) the person is a peace officer, a member of the Armed
Forces, or a member of the National Guard, and the child
obtains the firearm during, or incidental to, the performance
of the official duties of the person in that capacity;
``(C) the child uses the firearm in a lawful act of self-
defense or defense of 1 or more other persons; or
``(D) the person has no reasonable expectation, based on
objective facts and circumstances, that a child is likely to be
present on the premises on which the firearm is kept.''.
SEC. 6. REQUIREMENT THAT CHILD BE ACCOMPANIED BY AN ADULT DURING A GUN
SHOW.
(a) Prohibitions.--Section 922 of title 18, United States Code, is
further amended by adding at the end the following:
``(bb)(1) The parent or legal guardian of a child shall ensure
that, while the child is attending a gun show, the child is accompanied
by an adult.
``(2) It shall be unlawful for a person to conduct a gun show to
which there is admitted a child who is not accompanied by an adult.
``(3) In this subsection:
``(A) The term `child' means an individual who has not
attained 18 years of age.
``(B) The term `adult' means an individual who has attained
18 years of age.''.
(b) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
``(7) Whoever violates section 922(bb) in a State shall be punished
in accordance with the laws of the State that apply to persons
convicted of child abandonment.''.
SEC. 7. GRANTS FOR GUN SAFETY EDUCATION PROGRAMS.
(a) Program Authority.--The Attorney General is authorized to
provide grants to units of local government to enable law enforcement
agencies to develop and sponsor gun safety classes for parents and
their children.
(b) Application.--
(1) In general.--Any unit of local government that desires
to receive a grant award under this section shall submit an
application to the Attorney General at such time, in such
manner and containing such information as the Attorney General
may reasonably require.
(2) Contents.--Each application referred to in paragraph
(1) shall include an assurance that--
(A) funds received under this section shall be used
only to provide funds to law enforcement agencies to
provide gun safety classes; and
(B) gun safety classes will be offered at times
convenient to parents, including evenings and weekends.
(c) Regulations.--The Attorney General shall issue any regulations
necessary to carry out this section.
SEC. 8. EDUCATION: NATIONWIDE FIREARMS SAFETY PROGRAMS.
It is the sense of Congress that--
(1) each school district should provide or participate in a
firearms safety program for students in grades kindergarten
through 12 and should consult with a certified firearms
instructor before establishing the curriculum for the program;
and
(2) participation by students in a firearms safety program
should not be mandatory if the district receives written notice
from a parent of the student to exempt the student from the
program. | (Sec. 3) Increases penalties imposed upon: (1) a juvenile who violates Brady Act provisions for a second or subsequent violation, or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony; and (2) a person other than a juvenile who knowingly violates such provisions if the person sold, delivered, or otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is under age 21, knowing or having reasonable cause to know that such person intended to carry, otherwise possess, discharge, or otherwise use it in the commission of a crime of violence.
(Sec. 4) Prohibits any licensed importer, manufacturer, or dealer from selling, transferring, or delivering a firearm to any person (other than a licensed importer, manufacturer, or dealer) unless the transferee is provided with a secure gun storage or safety device. Authorizes the Secretary of the Treasury, after notice and opportunity for hearing, to suspend or revoke any license issued under the Act, or to subject the licensee to a civil penalty of up to $10,000 if the holder of such license has knowingly violated this section.
(Sec. 5) Imposes penalties (with exceptions) upon any person who: (1) keeps a loaded firearm, or an unloaded firearm and ammunition for it, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person; (2) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and (3) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury to the child or any other person, or that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury.
(Sec. 6) Requires the parent or legal guardian of a child to ensure that, while the child is attending a gun show, the child is accompanied by an adult. Prohibits a person from conducting a gun show to which there is admitted a child who is not accompanied by an adult. Sets penalties for violations.
(Sec. 7) Authorizes the Attorney General to provide grants to units of local government to enable law enforcement agencies to develop and sponsor gun safety classes for parents and their children.
(Sec. 8) Expresses the sense of Congress that: (1) each school district should provide or participate in a firearms safety program for students in grades kindergarten through 12 and should consult with a certified firearms instructor before establishing the curriculum for the program; and (2) participation by students in a firearms safety program should not be mandatory if the district receives written notice from a parent of the student to exempt the student from the program. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Fair Warning Act of
1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal regulations advance many important goals,
including protecting the environment and the health and safety
of all Americans.
(2) For regulations to effectively protect the public and
promote the public interest, the fact of their existence and
what they mean must be available to the persons and entities
willing to investigate what the law and regulations require.
(3) Fairness also requires that a person should be able to
learn of regulations and of their meanings before they can be
sanctioned for violating them.
(4) Fairness also should prevent a person from being
sanctioned for violating a regulation if an official has
mislead the person as to what the regulation prohibits or
requires and the person has reasonably relied upon such
misleading information.
(5) The Due Process Clause of the Fifth Amendment gives
Americans a right to have access to regulations and the
opportunity to learn their meanings before such regulations can
be the basis for depriving them of life, liberty, or property.
(6) Effective procedures for protecting this right can
improve the effectiveness of regulation, foster the sense that
regulations are fairly enforced, and ensure that the right to
due process actually benefits Americans.
(7) Ensuring that agencies give Americans access to
regulations and the opportunity to learn their meanings and
accurate information about them before any sanction can be
imposed will encourage agencies to make regulatory requirements
clearly known, will encourage people and entities to learn what
regulations require of them, and will foster legality,
fairness, and justice in the enforcement of Federal
regulations.
SEC. 3. BAN ON IMPOSITION OF SANCTIONS BY AGENCIES IN CERTAIN
CIRCUMSTANCES.
Section 558 of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(d)(1) No sanction shall be imposed on a person by an agency for
a violation of a rule if the agency finds--
``(A) that the rule was not--
``(i) printed in the Code of Federal Regulations;
``(ii) printed in the Federal Register;
``(iii) known to the person; or
``(iv) knowable to a person who has engaged in a
reasonable, good faith investigation of the rules
applicable to the conduct that allegedly violated the
rule;
``(B) that the rule failed to give the person fair warning
of the conduct that the rule prohibits or requires; or
``(C) that, with respect only to a retrospective sanction,
official representations to the person about what the rule
prohibits or requires were misleading and were reasonably
relied upon by the person.
``(2) For purposes of this subsection, an agency shall find that a
rule gives fair warning of the conduct that the rule prohibits or
requires if a reasonable person, acting in good faith, would be able to
identify, with ascertainable certainty, the standards with which the
rule requires the person's conduct to conform.''.
SEC. 4. BAN ON IMPOSITION OF SANCTIONS BY COURTS IN CERTAIN
CIRCUMSTANCES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1660. Ban on sanctions for violations of agency rules in certain
circumstances
``(a) No civil or criminal sanction may be imposed by a court for a
violation of a rule if the court finds--
``(1) that the rule was not--
``(A) printed in the Code of Federal Regulations;
``(B) printed in the Federal Register;
``(C) known to the person; or
``(D) knowable to a person who has engaged in a
reasonable, good faith investigation of the rules
applicable to the conduct that allegedly violated the
rule;
``(2) that the rule failed to give the person fair warning
of the conduct that the rule prohibits or requires; or
``(3) that, with respect only to a retrospective sanction,
official representations to the person about what the rule
prohibits or requires were misleading and were reasonably
relied upon by the person.
``(b) For purposes of this section, a court shall find that a rule
gives fair warning of the conduct that the rule prohibits or requires
if a reasonable person, acting in good faith, would be able to
identify, with ascertainable certainty, the standards with which the
rule requires the person's conduct to conform.
``(c) For purposes of this section, the term `rule' shall have the
meaning given that term by section 551 of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 28, United States Code, is amended by adding after
the item relating to section 1659 the following new item:
``1660. Ban on sanctions for violations of agency rules in certain
circumstances.''. | Regulatory Fair Warning Act of 1998 - Prohibits a Federal agency or court from imposing a sanction for a violation of a rule if the agency or court finds that: (1) the rule was not printed in the Code of Federal Regulations or in the Federal Register, was not known to the person, or was not knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule; (2) the rule failed to give the person fair warning of the conduct that it prohibits or requires; or (3) with respect only to a retrospective sanction, official representations to the person about what the rule prohibits or requires were misleading and were reasonably relied upon by the person. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Navigator Outreach and
Chronic Disease Prevention Act of 2004''.
SEC. 2. PATIENT NAVIGATOR GRANTS.
Subpart V of part D of title III of the Public Health Service Act
(42 U.S.C. 256) is amended by adding at the end the following:
``SEC. 340A. PATIENT NAVIGATOR GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may make grants to
eligible entities for the development and operation of demonstration
programs to provide patient navigator services to improve health care
outcomes. The Secretary shall coordinate with, and ensure the
participation of, the Indian Health Service, the National Cancer
Institute, the Office of Rural Health Policy, and such other offices
and agencies as deemed appropriate by the Secretary, regarding the
design and evaluation of the demonstration programs.
``(b) Use of Funds.--A condition on the receipt of a grant under
this section is that the grantee agree to use the grant to recruit,
assign, train, and employ patient navigators who have direct knowledge
of the communities they serve to facilitate the care of individuals,
including by performing each of the following duties:
``(1) Acting as contacts, including by assisting in the
coordination of health care services and provider referrals,
for individuals who are seeking prevention or early detection
services for, or who following a screening or early detection
service are found to have a symptom, abnormal finding, or
diagnosis of, cancer or other chronic disease.
``(2) Facilitating the involvement of community
organizations providing assistance to individuals who are at
risk for or who have cancer or other chronic diseases to
receive better access to high-quality health care services
(such as by creating partnerships with patient advocacy groups,
charities, health care centers, community hospice centers,
other health care providers, or other organizations in the
targeted community).
``(3) Notifying individuals of clinical trials and
facilitating enrollment in these trials if requested and
eligible.
``(4) Anticipating, identifying, and helping patients to
overcome barriers within the health care system to ensure
prompt diagnostic and treatment resolution of an abnormal
finding of cancer or other chronic disease.
``(5) Coordinating with the relevant health insurance
ombudsman programs to provide information to individuals who
are at risk for or who have cancer or other chronic diseases
about health coverage, including private insurance, health care
savings accounts, and other publicly funded programs (such as
Medicare, Medicaid, and the State children's health insurance
program).
``(6) Conducting ongoing outreach to health disparity
populations, including the uninsured, rural populations, and
other medically underserved populations, in addition to
assisting other individuals who are at risk for or who have
cancer or other chronic diseases to seek preventative care.
``(c) Grant Period.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may award grants under this section for periods of
not more than 3 years.
``(2) Extensions.--Subject to paragraph (3), the Secretary
may extend the period of a grant under this section, except
that--
``(A) each such extension shall be for a period of
not more than 1 year; and
``(B) the Secretary may make not more than 4 such
extensions with respect to any grant.
``(3) End of grant period.--In carrying out this section,
the Secretary may not authorize any grant period ending after
September 30, 2010.
``(d) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary in
such form, in such manner, and containing such information as
the Secretary may require.
``(2) Contents.--At a minimum, the Secretary shall require
each such application to outline how the eligible entity will
establish baseline measures and benchmarks that meet the
Secretary's requirements to evaluate program outcomes.
``(e) Uniform Baseline Measures.--The Secretary shall establish
uniform baseline measures in order to properly evaluate the impact of
the demonstration projects under this section.
``(f) Preference.--In making grants under this section, the
Secretary shall give preference to eligible entities that demonstrate
in their applications plans to utilize patient navigator services to
overcome significant barriers in order to improve health care outcomes
in their respective communities.
``(g) Coordination With Other Programs.--The Secretary shall ensure
coordination of the demonstration grant program under this section with
existing authorized programs in order to facilitate access to high-
quality health care services.
``(h) Study; Reports.--
``(1) Final report by secretary.--Not later than 6 months
after the completion of the demonstration grant program under
this section, the Secretary shall conduct a study of the
results of the program and submit to the Congress a report on
such results that includes the following:
``(A) An evaluation of the program outcomes,
including--
``(i) quantitative analysis of baseline and
benchmark measures; and
``(ii) aggregate information about the
patients served and program activities.
``(B) Recommendations on whether patient navigator
programs could be used to improve patient outcomes in
other public health areas.
``(2) Interim reports by secretary.--The Secretary may
provide interim reports to the Congress on the demonstration
grant program under this section at such intervals as the
Secretary determines to be appropriate.
``(3) Interim reports by grantees.--The Secretary may
require grant recipients under this section to submit interim
reports on grant program outcomes.
``(i) Rule of Construction.--This section shall not be construed to
authorize funding for the delivery of health care services (other than
the patient navigator duties listed in subsection (b)).
``(j) Definitions.--In this section:
``(1) The term `eligible entity' means a public or
nonprofit private health center (including a Federally
qualified health center (as that term is defined in section
1861(aa)(4) of the Social Security Act)), a health facility
operated by or pursuant to a contract with the Indian Health
Service, a hospital, a cancer center, a rural health clinic, an
academic health center, or a nonprofit entity that enters into
a partnership or coordinates referrals with such a center,
clinic, facility, or hospital to provide patient navigator
services.
``(2) The term `health disparity population' means a
population that, as determined by the Secretary, has a
significant disparity in the overall rate of disease incidence,
prevalence, morbidity, mortality, or survival rates as compared
to the health status of the general population.
``(3) The term `patient navigator' means an individual who
has completed a training program approved by the Secretary to
perform the duties listed in subsection (b).
``(k) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated $2,000,000 for fiscal year 2006,
$5,000,000 for fiscal year 2007, $8,000,000 for fiscal year
2008, $6,500,000 for fiscal year 2009, and $3,500,000 for
fiscal year 2010.
``(2) Availability.--The amounts appropriated pursuant to
paragraph (1) shall remain available for obligation through the
end of fiscal year 2010.''.
Passed the House of Representatives October 5, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Patient Navigator Outreach and Chronic Disease Prevention Act of 2004 - Authorizes the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. Requires the Secretary to coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, and the Office of Rural Health Policy.
Requires that each grantee agree to recruit, assign, train and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals.
Requires the Secretary to: (1) direct that each application for a grant outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes; (2) establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects; (3) give preference to those entities that demonstrate plans to utilize patient navigator services to overcome significant barriers to improve health care outcomes within their respective communities; and (4) ensure coordination of the grant programs under this Act with existing authorized programs to facilitate access to high-quality health care services.
Sets forth reporting requirements.
Authorizes appropriations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Stock Ownership Plan
Promotion and Improvement Act of 2007''.
SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION
DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK
OWNERSHIP PLAN.
(a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal
Revenue Code of 1986 (relating to general rule that subsection not to
apply to certain distributions) is amended by inserting before the
comma at the end the following: ``or any distribution (as described in
section 1368(a)) with respect to S corporation stock that constitutes
qualifying employer securities (as defined by section 409(l)) to the
extent that such distributions are paid to a participant in the manner
described in clause (i) or (ii) of section 404(k)(2)(A)''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED
CURRENT EARNINGS.
(a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code
of 1986 (relating to disallowance of items not deductible in computing
earnings and profits) is amended by adding at the end the following new
clause:
``(vii) Treatment of esop dividends.--
Clause (i) shall not apply to any deduction
allowable under section 404(k) if the deduction
is allowed for dividends paid on employer
securities held by an employee stock ownership
plan established or authorized to be
established before March 15, 1991.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1989.
(c) Waiver of Limitations.--If refund or credit of any overpayment
of tax resulting from the application of the amendment made by this
section is prevented at any time before the close of the 1-year period
beginning on the date of the enactment of this Act by the operation of
any law or rule of law (including res judicata), such refund or credit
may nevertheless be made or allowed if claim therefor is filed before
the close of such period.
SEC. 4. AMENDMENTS RELATED TO SECTION 1042.
(a) Deferral of Tax for Certain Sales to Employee Stock Ownership
Plan Sponsored by S Corporation.--
(1) In general.--Section 1042(c)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified securities) is amended
by striking ``C''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales after the date of the enactment of this
Act.
(b) Reinvestment in Certain Mutual Funds Permitted.--
(1) In general.--Clause (ii) of section 1042(c)(4)(B) of
the Internal Revenue Code of 1986 (defining operating
corporation) is amended to read as follows:
``(ii) Financial institutions, insurance
companies, and mutual funds.--The term
`operating corporation' shall include--
``(I) any financial institution
described in section 581,
``(II) any insurance company
subject to tax under subchapter L, and
``(III) any regulated investment
company if substantially all of the
securities held by such company are
securities issued by operating
corporations (determined without regard
to this subclause).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales of qualified securities after the date of
the enactment of this Act.
(c) Modification to 25-Percent Shareholder Rule.--
(1) In general.--Subparagraph (B) of section 409(n)(1) of
the Internal Revenue Code of 1986 (relating to securities
received in certain transactions) is amended to read as
follows:
``(B) for the benefit of any other person who owns
(after the application of section 318(a)) more than 25
percent of--
``(i) the total combined voting power of
all classes of stock of the corporation which
issued such employer securities or of any
corporation which is a member of the same
controlled group of corporations (within the
meaning of subsection (l)(4)) as such
corporation, or
``(ii) the total value of all classes of
stock of any such corporation.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
SEC. 5. DE MINIMIS EXCEPTION TO DIVERSIFICATION OF INVESTMENT
REQUIREMENT.
(a) In General.--Paragraph (28) of section 401(a) of the Internal
Revenue Code of 1986 (relating to additional requirements relating to
employee stock ownership plans) is amended by adding at the end the
following new subparagraph:
``(D) Exception for de minimis account balance.--A
plan shall not fail to meet the requirements of this
subparagraph for a plan year solely because the plan
provides that clause (i) does not apply to any
participant's account in the plan which, as of the
close of the preceding plan year, has an account
balance which does not exceed $2,500.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after the date of the enactment of this Act. | Employee Stock Ownership Plan Promotion and Improvement Act of 2007 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; and (6) allow a de minimis exception from pension plan investment diversification requirements for ESOP accounts with balances of $2,500 or less. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Procure PGMS For Israel Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hezbollah constitutes a major threat.
(2) Israel uses precision guided munitions to save civilian
lives.
(3) Congress authorized the War Reserves Stockpile-Israel
primarily for use by United States Armed Forces to address
regional contingencies.
(4) Israeli supplies of precision guided munitions dwindled
during the 2006 Lebanon War.
(5) Given the enhanced threat of Hezbollah to Israel, there
is a need to ensure the War Reserves Stock Allies-Israel is
sufficiently large to meet the threat while ensuring adequate
supplies for the United States.
SEC. 3. JOINT ASSESSMENT OF QUANTITY OF PRECISION GUIDED MUNITIONS FOR
USE BY ISRAEL.
(a) In General.--The President, acting through the Secretary of
Defense, is authorized to conduct a joint assessment with the
Government of Israel with respect to the matters described in
subsection (b).
(b) Matters Described.--The matters described in this subsection
are the following:
(1) The quantity and type of precision guided munitions
that are necessary for Israel to combat Hezbollah in the event
of a sustained armed confrontation between Israel and
Hezbollah.
(2) The plan of the Government of Israel to acquire such
precision guided munitions.
(3) The role of the United States to assist the Government
of Israel in carrying out the plan described in paragraph (2),
if any.
(c) Report.--Not later than 15 days after the date on which the
joint assessment authorized under subsection (a) is completed, the
Secretary shall submit to Congress a report that contains the joint
assessment.
SEC. 4. AMENDMENT TO DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005.
Section 12001 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1011) is amended--
(1) in subsection (a)(2), by inserting ``(other than
precision guided munitions)'' after ``and other munitions'';
(2) in subsection (c), by striking ``this section'' and
inserting ``subsection (a)'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d)(1) Notwithstanding section 514 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h), the President is authorized to--
``(A) add precision guided munitions to reserve stocks for
Israel; and
``(B) transfer precision guided munitions from reserve
stocks for Israel to or for use by the Government of Israel for
the purpose of assisting Israel defend itself against rockets
fired by Hezbollah or other terrorist organizations within the
prior 30 days and with the likely possibility of a sustained
conflict between Hezbollah and Israel.
``(2) Not later than 5 days before making a transfer under
paragraph (1), the President shall certify to the Committees on Foreign
Relations and Armed Services of the Senate and the Committees on
Foreign Affairs and Armed Services of the House of Representatives that
the transfer of the precision guided munitions--
``(A) meets the requirements described in paragraph (1)(B);
``(B) does not affect the ability of the United States to
maintain a sufficient supply of precision guided munitions; and
``(C) does not harm the combat readiness of the United
States or the ability of the United States to meet its
commitment to allies for the sale of such munitions.''.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that Department of Defense should work
with the defense industrial base to ensure it is able to produce
precision guided munitions with greater rapidity in order to resupply
United States efforts to combat the Islamic State of Iraq and the
Levant (ISIL) and to assist allies such as Israel in their fight
against Hezbollah.
SEC. 6. MODIFICATION OF RAPID ACQUISITION AND DEPLOYMENT PROCEDURES.
(a) Requirement To Establish Procedures.--
(1) In general.--Section 806(a) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note; 116 Stat. 2607) is amended--
(A) in paragraph (1)(C), by striking ``; and'' at
the end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) urgently needed to support production of precision
guided munitions--
``(A) for United States counterterrorism missions;
or
``(B) to assist an ally of the United States under
direct missile threat from an organization the
Secretary of State has designated as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).''.
(2) Prescription of procedures.--The Secretary of Defense
shall prescribe procedures for the rapid acquisition and
deployment of supplies and associated support services for
purposes described in paragraph (3) of section 806(a) of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003, as added by paragraph (1) of this subsection, not later
than 180 days after the date of the enactment of this Act.
(b) Use of Amounts in Special Defense Acquisition Fund.--Section
114(c)(3) of title 10, United States Code, is amended by inserting at
the end before the period the following: ``or to assist an ally of the
United States that is under direct missile threat, including from a
terrorist organization supported by Iran, and such threat adversely
affects the safety and security of such ally''. | Procure PGMS For Israel Act This bill authorizes the President to: (1) conduct a joint assessment with the government of Israel regarding Israel's precision guided munitions needs in a sustained armed confrontation with Hezbollah, and (2) add precision guided munitions to war reserve stocks in Israel and to transfer such munitions to Israel for rocket defense in the likely possibility of a sustained Israeli-Hezbollah conflict. Prior to any such transfer the President must certify to Congress that the transfer does not harm U.S. combat readiness or affect U.S. precision guided munitions supplies. The bill includes the production of precision guided munitions in the Department of Defense's rapid acquisition and deployment procedures. The bill permits use of the Special Defense Acquisition Fund to assist a U.S. ally that is under direct missile threat. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enterprise Integration Act of
2000''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Over 90 percent of United States companies engaged in
manufacturing are small and medium-sized businesses.
(2) Most of these manufacturers produce goods for
assemblage into products of large companies.
(3) The emergence of the World Wide Web and the
promulgation of international standards for product data
exchange greatly accelerated the movement toward electronically
integrated supply chains during the last half of the 1990's.
(4) A major Wall Street firm recently estimated that the
adoption of electronic commerce-based supply chains in various
manufacturing industries can reduce business costs from 10
percent to 40 percent.
(5) European and Asian countries are investing heavily in
electronic enterprise standards development, and in preparing
their smaller manufacturers to do business in the new
environment. European efforts are well advanced in the
aerospace, automotive, and shipbuilding industries and are
beginning in other industries including home building,
furniture manufacturing, textiles, and apparel.
(6) If United States manufacturers are to remain
competitive, they must match their overseas competition by
making sure that standards, including application protocols,
developed for electronic business in their industry worldwide
reflect their needs and the needs of their customers and
suppliers.
(7) Many American small and medium-sized manufacturers run
the risk of losing their largest customers during the first
half of this decade unless they adopt computer aided design,
engineering, and manufacturing systems in their work places and
learn how to participate with customers and suppliers in
integrated electronic enterprises.
(8) Application protocols are very complex standards, often
running thousands of pages, and require the cooperation of
entire industries for their development.
(9) The National Institute of Standards and Technology,
because of the electronic commerce expertise in its
laboratories and quality program, its long history of working
cooperatively with manufacturers, and the nationwide reach of
its manufacturing extension program, is in a unique position to
help United States large and smaller manufacturers alike in
their responses to this challenge.
(10) It is, therefore, in the national interest for the
National Institute of Standards and Technology to accelerate
its efforts--
(A) in helping major manufacturing industries
develop standards and enterprise integration processes
that are necessary to increase efficiency and lower
costs; and
(B) in making sure that every small or medium-sized
manufacturer has the option of upgrading its
manufacturing capabilities to the point where it can be
part of an electronic supply chain of a major
manufacturing industry.
SEC. 3. ENTERPRISE INTEGRATION INITIATIVE.
(a) Establishment.--The Director shall establish an initiative for
advancing enterprise integration within the United States. In carrying
out this section, the Director shall involve, as appropriate, the
various units of the National Institute of Standards and Technology,
including the National Institute of Standards and Technology
laboratories, the Manufacturing Extension Partnership program
established under sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l), and the Malcolm
Baldrige National Quality Program. This initiative shall begin with
product data management and build upon ongoing efforts of the National
Institute of Standards and Technology and of the private sector, shall
involve consortia that include government and industry, and shall be
designed to permit enterprise integration in each United States major
manufacturing industry at the earliest possible date.
(b) Assessment.--The Director shall work to identify all enterprise
integration standards and implementation activities for major
manufacturing industries underway in the United States and abroad. For
each major manufacturing industry, the Director shall work with
industry representatives and organizations currently engaged in
enterprise integration activities and other appropriate representatives
as necessary. They shall assess the current state of enterprise
integration within the industry, identify the remaining steps in
achieving enterprise integration, and work toward agreement on the
roles of the National Institute of Standards and Technology and of the
private sector in that process. Within 90 days after the date of the
enactment of this Act, the Director shall report to the Congress on
these matters and on anticipated related National Institute of
Standards and Technology activities for the then current fiscal year.
(c) Plans and Reports.--Within 180 days after the date of the
enactment of this Act, the Director shall submit to the Congress a plan
for enterprise integration for each major manufacturing industry,
including milestones for the National Institute of Standards and
Technology portion of the plan, the dates of likely achievement of
those milestones, and anticipated costs to the Government and industry
by fiscal year. Updates of the plans and a progress report for the past
year shall be submitted annually until for a given industry, in the
opinion of the Director, enterprise integration has been achieved.
(d) Authorized Activities.--In order to carry out this Act and the
plans prepared under subsection (c), the Director may--
(1) work with companies and trade associations within a
major manufacturing industry to raise awareness of enterprise
integration activities in the United States and abroad,
including convening meetings;
(2) work with an industry on the development of enterprise
integration roadmaps;
(3) support the development, testing, promulgation, and
adoption of standards, including application protocols;
(4) support the development, promulgation, integration, and
upgrading of standards related to enterprise integration;
(5) support pilot projects that include small and medium-
sized businesses for new standards and enterprise integration;
(6) ensure the training and regular upgrading of skills of
Manufacturing Extension Program employees;
(7) develop tool kits and employee training materials and
take other steps necessary to permit small and medium-sized
businesses to participate in an integrated enterprise; and
(8) set up mechanisms to permit the various Manufacturing
Extension Program centers to access expertise and materials
from each other.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``automotive'' means land-based engine-powered
vehicles including automobiles, trucks, busses, trains, defense
vehicles, farm equipment, and motorcycles;
(2) the term ``Director'' means the Director of the
National Institute of Standards and Technology;
(3) the term ``enterprise integration'' means the
electronic linkage of manufacturers, assemblers, and suppliers
to enable the electronic exchange of product, manufacturing,
and other business data among all businesses in a product
supply chain, and such term includes related application
protocols and other related standards;
(4) the term ``major manufacturing industry'' includes the
aerospace, automotive, electronics, shipbuilding, construction,
home building, furniture, textile, and apparel industries and
such other industries as the Director designates; and
(5) the term ``National Institute of Standards and
Technology laboratories'' means those institutes of the
National Institute of Standards and Technology with expertise
in electronic commerce, including the Manufacturing Engineering
Laboratory, the Building and Fire Research Laboratory, and the
Information Technology Laboratory.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to carry
out functions under this Act $10,000,000 for fiscal year 2001,
$15,000,000 for fiscal year 2002, and such sums as may be necessary for
subsequent fiscal years. | Requires the Director to identify all enterprise integration standards and implementation activities for major manufacturing industries underway in the United States and abroad. Requires: (1) the Director to work with industry representatives and organizations currently engaged in enterprise integration activities; and (2) such representatives and organizations to assess the current state of enterprise integration within the industry, identify the remaining steps, and work toward agreement on the roles of NIST and the private sector. Requires the Director to report to Congress on these matters and on anticipated related NIST activities.
Requires the Director to submit to Congress a plan for enterprise integration for each major manufacturing industry, including milestones for NIST's portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Requires, for a given industry, updates of the plans and a progress report for the past year to be submitted annually until enterprise integration has been achieved.
Authorizes appropriations. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Savings Accounts
Act of 2015''.
SEC. 2. HIGHER EDUCATION PLEDGE ACCOUNTS PILOT PROGRAM.
(a) In General.--The Secretary shall carry out a pilot program
under which savings accounts (to be known as ``higher education pledge
accounts'') are established for the benefit of eligible students in
accordance with this section.
(b) Eligibility and Selection of Participants.--
(1) Eligible students.--To be eligible to participate in
the pilot program, a student must be--
(A) enrolled in the 9th or 10th grade at a
secondary school; and
(B) eligible to receive free or reduced price
lunches under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
(2) Selection of eligible students.--The Secretary shall
select eligible students for participation in the pilot program
based on such criteria as the Secretary determines to be
appropriate.
(c) Deposits.--
(1) Initial deposit.--
(A) In general.--The Secretary shall deposit an
initial amount into each higher education pledge
account.
(B) Amount of initial deposit.--The amount of the
initial deposit described in subparagraph (A) shall be
equal to the amount of the maximum Federal Pell Grant
under section 401(b) of the Higher Education Act of
1965, as specified in the last enacted appropriation
Act applicable to that award year.
(2) Subsequent deposits.--
(A) In general.--The Secretary may make additional
deposits into a higher education pledge account based
on an evaluation of the academic progress of the
student in accordance with subsection (g).
(B) Amount of subsequent deposits.--The amount of
an additional deposit made under subparagraph (A) for
an award year beginning after the date of the initial
deposit under paragraph (1) shall be not less than the
amount of the maximum Federal Pell Grant under section
401(b) of the Higher Education Act of 1965, as
specified in the last enacted appropriation Act
applicable to that award year.
(d) Distributions.--A student may use funds from the student's
higher education pledge account only to pay the cost of attendance at a
qualified institution.
(e) Tax Treatment of Accounts.--
(1) In general.--A higher education pledge account is
exempt from taxation under subtitle A of the Internal Revenue
Code of 1986.
(2) Contributions and distributions.--For purposes of such
subtitle--
(A) any contribution to a higher education pledge
account by the Secretary under this Act shall not be
includible in gross income; and
(B) any distribution from a higher education pledge
account which is permitted under this Act shall not be
includible in the gross income of the individual for
whose benefit such account is maintained.
(f) Offset of Federal Pell Grant Amounts.--The amount of any
Federal Pell Grant awarded to a student attending a qualified
institution shall be reduced by the amount in such student's higher
education pledge account.
(g) Monitoring of Academic Progress.--The Secretary shall monitor
the academic progress of each student for whose benefit a higher
education pledge account is maintained.
(h) Financial Counseling.--The Secretary shall ensure that each
student for whose benefit a higher education pledge account is
maintained receives not less than 12 hours of financial counseling with
respect to--
(1) the rules pertaining to deposits, distributions, and
the tax treatment of funds in the higher education pledge
account; and
(2) sources of Federal financial assistance for higher
education.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cost of attendance.--The term ``cost of attendance''
has the meaning given the term in section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
(2) Federal financial assistance.--The term ``Federal
financial assistance'' means any grant, loan, or other
financial assistance that may be provided to an individual
student under the Higher Education Act of 1965.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102(a) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)) except that such term does not include
proprietary institutions of higher education (as defined in
section 102(b) of such Act (20 U.S.C. 1002(b))).
(4) Qualified institution.--The term ``qualified
institution'' means an institution of higher education that--
(A) has in effect a program participation agreement
under section 487 of the Higher Education Act of 1965
(20 U.S.C. 1094); and
(B) is eligible to participate in programs under
title IV of such Act (20 U.S.C. 1070 et seq.).
(5) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Higher Education Savings Accounts Act of 2015 This bill requires the Department of Education (ED) to carry out a pilot program under which tax-exempt savings accounts (to be known as higher education pledge accounts) are established for the benefit of 9th and 10th grade students who are eligible to receive free or reduced price lunches under the Richard B. Russell National School Lunch Act. ED: (1) shall deposit into each account for a selected student an initial amount equal to the amount of the maximum federal Pell Grant for the award year, and (2) may make additional deposits of such amount based on the student's academic progress. A student may use funds from such account only to pay the cost of attendance at a qualified institution. Any contribution to or distribution from such account shall not be includible in gross income. The amount of any Pell Grant awarded to a student attending a qualified institution shall be reduced by the amount in such student's account. ED shall: (1) monitor the academic progress of each student for whose benefit an account is maintained; and (2) ensure that each such student receives at least 12 hours of financial counseling on the rules pertaining to deposits, distributions, and the tax treatment of funds in the account and on sources of federal financial assistance for higher education. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforming Executive Guidance Act of
2017'' or as the ``REG Act of 2017''.
SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
(a) Guidance Documents.--Paragraph (3) of section 804 of title 5,
United States Code, is amended to read as follows:
``(3) The term `rule'--
``(A) has the meaning given such term in section
551, except that such term does not include (except as
otherwise provided in subparagraph (B))--
``(i) any rule of particular applicability,
including a rule that approves or prescribes
for the future rates, wages, prices, services,
or allowances therefor, corporate or financial
structures, reorganizations, mergers, or
acquisitions thereof, or accounting practices
or disclosures bearing on any of the foregoing;
``(ii) any rule relating to agency
management or personnel; or
``(iii) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or obligations
of non-agency parties; and
``(B) includes guidance documents.''.
(b) Significant Guidance Documents.--Paragraph (2) of section 804
of such title is amended to read as follows:
``(2) The term `major rule'--
``(A) means any rule that the Administrator of the
Office of Information and Regulatory Affairs of the
Office of Management and Budget finds has resulted in
or is likely to result in--
``(i) an annual effect on the economy of
$100,000,000 or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, or local government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and
export markets; and
``(B) includes significant guidance documents.
The term does not include any rule promulgated under the
Telecommunications Act of 1996 and the amendments made by that
Act.''.
(c) Definitions.--Section 804 of such title is amended by adding at
the end the following new paragraphs:
``(4) The term `guidance document' means a statement of
general applicability and future effect, other than a
regulatory action, issued by a Federal agency that sets forth--
``(A) a policy on a statutory, regulatory, or
technical issue; or
``(B) an interpretation of a statutory or
regulatory issue.
``(5) The term `significant guidance document'--
``(A) means a guidance document disseminated to
regulated entities or the general public that may
reasonably be anticipated to--
``(i) lead to an annual effect of
$100,000,000 or more, or adversely affect in a
material way the economy, a sector of the
economy, productivity, competition, employment,
the environment, public health or safety, or
State, local, or tribal governments or
communities;
``(ii) create a serious inconsistency, or
otherwise interfere, with an action taken or
planned by another Federal agency;
``(iii) materially alter the budgetary
impact of any entitlement, grant, user fees, or
loan programs, or the rights or obligations of
recipients thereof; or
``(iv) raise novel legal or policy issues
arising out of legal mandates; and
``(B) does not include any guidance document--
``(i) on regulations issued in accordance
with section 556 or 557 of title 5, United
States Code;
``(ii) that pertains to a military or
foreign affairs function of the United States,
other than procurement regulations and
regulations involving the import or export of
non-defense articles and services;
``(iii) on regulations that are limited to
the organization, management, or personnel
matters of a Federal agency; or
``(iv) belonging to a category of guidance
documents exempted by the Administrator of the
Office of Information and Regulatory
Affairs.''.
SEC. 3. DEFINITION OF ``RULE'' TO INCLUDE SIGNIFICANT GUIDANCE FOR
PURPOSES OF RULEMAKING.
Section 551(4) of title 5, United States Code, is amended by
inserting before the semicolon at the end the following: ``, as well as
significant guidance (as such term is defined in section 804(5))''. | Reforming Executive Guidance Act of 2017 or the REG Act of 2017 This bill requires guidance documents of federal agencies to be considered rules that are subject to the congressional review process. A "guidance document" is a statement of general applicability and future effect, other than a regulatory action, issued by a federal agency that sets forth: (1) a policy on a statutory, regulatory, or technical issue; or (2) an interpretation of a statutory or regulatory issue. The bill modifies the definition of rule to include significant guidance for purposes of rulemaking. A "significant guidance document" is guidance that may reasonably be anticipated to: (1) lead to an annual effect of at least $100 million on, or adversely affect in a material way, the economy, productivity, competition, employment, the environment, public health or safety, or governmental entities or communities; (2) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another federal agency; (3) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs or the rights or obligations of recipients; or (4) raise novel legal or policy issues arising out of legal mandates. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Olympic Sports Revitalization Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Chapter 2205 of title 36, United States Code (commonly
referred to as the Ted Stevens Olympic and Amateur Sports Act),
requires the United States Olympic Committee (USOC) to obtain
for the United States ``the most competent representation
possible in each event of the Olympic Games''.
(2) A traditional route in the United States to
participation in the Olympic Games has been participation in
athletics at United States four-year colleges and universities.
(3) United States four-year colleges and universities are
producing a much smaller number of participants in certain
sports of the Olympic Games than they have in the past. A 2001
report of the General Accounting Office entitled
``Intercollegiate Athletics: Four-Year Colleges' Experiences
Adding and Discontinuing Teams'' reveals that, between 1981 and
1999, in five Olympic women's sports--gymnastics, fencing,
field hockey, archery, and badminton--and eleven Olympic men's
sports--wrestling, tennis, gymnastics, rifle/shooting, fencing,
outdoor track, swimming, skiing, ice hockey, water polo, and
archery--discontinuations of teams by such colleges and
universities have resulted in a net loss in the number of such
teams nationwide. The largest percentage loss in such teams
occurred in women's gymnastics (a 53 percent loss) and in men's
wrestling (a 40 percent loss). The report also indicates that
while the number of women participating in college athletics
increased between 1981 and 1999, the number of men
participating in college athletics in 1999 still significantly
exceeded the number of women participating in college athletics
in that year.
(4) According to the report, such discontinuations stem
from declining student interest in the Olympic sports referred
to in paragraph (3) and from administrative decisions of
colleges and universities regarding the allocation of
resources.
(5) While there has been a loss of teams at colleges and
universities in the Olympic sports referred to in paragraph
(3), three other Olympic sports, called ``Emerging Sports for
Women'' by the National Collegiate Athletic Association, have
yet to be fully established. These sports are team handball,
synchronized swimming, and equestrian. These sports merit
additional support if the USOC is to meet the basic requirement
referred to in paragraph (1).
(6) Because the Olympic sports referred to in paragraphs
(3) and (5) tend not to generate revenue for colleges and
universities, such sports have little leverage in decisions of
colleges and universities about the allocation of their
resources for sports programs.
(7) The discontinuation by colleges and universities of
teams in the Olympic sports referred to in paragraphs (3)
disrupts the amateur careers of athletes participating in such
sports and makes it more difficult for the USOC to fulfill one
of its primary missions.
(8) In addition to the basic requirement referred to in
paragraph (1), the Ted Stevens Olympic and Amateur Sports Act
also identifies other objectives of the USOC, including--
(A) that it ``assist organizations and persons
concerned with sports in the development of amateur
athletic programs for amateur athletes'';
(B) that it ``encourage and provide assistance to
amateur athletic activities for women''; and
(C) that it ``encourage and provide assistance to
amateur athletes of racial and ethnic minorities for
the purpose of eliciting the participation of such
minorities in amateur athletic activities in which they
are underrepresented''.
(9) Due to a lack of public dissemination of data collected
by the Department of Education under the Equity in Athletics
Disclosure Act, prospective student-athletes often lack
information to determine what athletic opportunities colleges
and universities provide their students.
(10) According the report referred to in paragraph (3),
colleges and universities often discontinue sports teams in a
manner that gives student-athletes no advance notice of
consideration of such discontinuations and no opportunity for
appeal of the decision--thereby disrupting the amateur careers
affected by such discontinuations.
(b) Purpose.--The purpose of this Act is to encourage United States
representation in the events of the Olympic Games by--
(1) promoting the revitalization of amateur athletics; and
(2) encouraging amateur careers in athletics.
SEC. 3. GRANTS FOR SUPPORT OF CERTAIN AMATEUR ATHLETICS.
(a) Authority.--Chapter 2205 of title 36, United States Code
(commonly referred to as the Ted Stevens Olympic and Amateur Sports
Act), is amended by adding at the end the following new subchapter:
``SUBCHAPTER III--MISCELLANEOUS
``Sec. 220541. Grants for support of certain amateur athletics
``(a) Authority To Make Grants.--The Secretary of Commerce may,
from funds authorized to be appropriated by subsection (d), make grants
to the corporation to provide funds for the purpose described in
subsection (b).
``(b) Purpose.--(1) The corporation shall use amounts received
under subsection (a) for the purpose of encouraging participation in
covered Olympic sports by individuals under 18 years of age, with
particular emphasis on the participation in such sports of such
individuals who have previously had limited opportunity for
participation in such sports.
``(2) The corporation may use amounts so received for the purpose
described in paragraph (1) directly or by making grants for that
purpose to national governing bodies of covered Olympic sports
recognized under subchapter II.
``(3) To the maximum extent practicable, participation in covered
Olympic sports shall be encouraged under paragraph (1) through the
establishment or support of appropriate community sports organizations.
``(c) Covered Olympic Sports.--For purposes of this section, a
covered Olympic sport is as follows:
``(1) Women's gymnastics.
``(2) Women's fencing.
``(3) Women's field hockey.
``(4) Women's archery.
``(5) Women's badminton.
``(6) Women's team handball.
``(7) Women's synchronized swimming.
``(8) Women's equestrian.
``(9) Men's wrestling.
``(10) Men's tennis.
``(11) Men's gymnastics.
``(12) Men's rifle/shooting.
``(13) Men's fencing.
``(14) Men's outdoor track.
``(15) Men's swimming.
``(16) Men's skiing.
``(17) Men's ice hockey.
``(18) Men's water polo.
``(19) Men's archery.
``(20) Any other Olympic women's or men's sport determined
by the Secretary of Education to be--
``(A) a sport in which the discontinuation of teams
in the sport by four-year colleges and universities in
the United States has resulted in a net decrease in the
number of college and university teams in the sport
nationwide; or
``(B) an emerging sport.
``(d) Authorization of Appropriations.--There is hereby authorized
to be appropriated for the Department of Commerce for purposes of
activities under this section, $10,000,000 for each of fiscal years
2002 through 2006.''.
(b) Annual Report.--Section 220511 of that title is amended--
(1) in subsection (a)--
(A) by inserting ``of Quadrennial Report'' after
``Submission''; and
(B) by striking ``transmit'' and inserting
``submit'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Submission of Annual Report to President and Congress.--The
corporation shall, on or before January 31 each year, submit
simultaneously to the President and to each House of Congress a
detailed report on its activities under section 220541 of this title
during the preceding year.''; and
(4) in subsection (c), as so redesignated, by striking
``the report'' and inserting ``each report under this
section''.
(c) Conforming and Clerical Amendments.--(1) The section heading of
section 220511 of that title is amended to read as follows:
``Sec. 220511. Reports''.
(2) The table of sections at the beginning of that chapter is
amended--
(A) by striking the item relating to section 220511 and
inserting the following new item:
``220511. Reports.''; and
(B) by adding at the end the following:
``SUBCHAPTER III--MISCELLANEOUS
``220541. Grants for support of certain amateur athletics.''.
SEC. 4. EXPANSION OF OLYMPIC SCHOLARSHIP PROGRAM.
Title XV of the Higher Education Amendments of 1992 (Public law
102-235) is amended by inserting after part E the following:
``PART F--OLYMPIC SPORTS REVITALIZATION
``SEC. 1544. OLYMPIC SPORTS REVITALIZATION.
``(a) Olympic Sports Revitalization.--
``(1) In general.--The Secretary of Education may provide
funds to the United States Olympic Committee, or the national
governing body of the sport concerned, for distribution to
institutions of higher education for disbursement to students
of such institutions who--
``(A) participate in an intercollegiate athletic
program in an Olympic sport described in paragraph (4);
and
``(B) are full-time students.
``(2) Distributions.--
``(A) In general.--The United States Olympic
Committee or the national governing body concerned
shall, from funds received under paragraph (1), make
distributions to institutions of higher education for
purposes of disbursements under paragraph (3) to
students of such institutions of higher education who
are described in paragraph (1). Each such distribution
shall be for purposes of students of the institution of
higher education concerned in one particular
intercollegiate athletic program described in paragraph
(1).
``(B) Amount of distribution.--The aggregate amount
of the distribution under this paragraph for a
particular intercollegiate athletic program may not be less than
$100,000 or exceed $200,000.
``(C) Allocation of distribution.--The amount of
the distribution under this paragraph shall be
allocated to the institution of higher education
concerned in equal portions over four years.
``(D) Limitation on number of recipient athletic
programs.--No more than three intercollegiate athletic
programs of an institution of higher education may have
a distribution in effect under this paragraph at any
one time.
``(E) Cancellation of athletic program.--
Notwithstanding subparagraphs (B) and (C), if an
institution of higher education receiving a
distribution under this paragraph for an
intercollegiate athletic program cancels the program,
no further portion of the distribution may be allocated
to the institution of higher education under this
paragraph for the program.
``(3) Disbursements.--
``(A) In general.--An institution of higher
education receiving a distribution under paragraph (2)
with respect to an intercollegiate athletic program
shall disburse the distribution among full-time
students of the institution of higher education who are
participating in the intercollegiate athletic program.
``(B) Limitation.--The amount of the disbursement
to a student under subparagraph (A) may not exceed the
cost of educational expenses at the institution of
higher education concerned.
``(4) Olympic sports.--An Olympic sport described in this
paragraph is--
``(A) women's gymnastics;
``(B) women's fencing;
``(C) women's field hockey;
``(D) women's archery;
``(E) women's badminton;
``(F) women's team handball;
``(G) women's synchronized swimming;
``(H) women's equestrian;
``(I) men's wrestling;
``(J) men's tennis;
``(K) men's gymnastics;
``(L) men's rifle/shooting;
``(M) men's fencing;
``(N) men's outdoor track;
``(O) men's swimming;
``(P) men's skiing;
``(Q) men's ice hockey;
``(R) men's water polo;
``(S) men's archery; and
``(T) any other Olympic women's or men's sport
determined by the Secretary to be--
``(i) a sport in which the discontinuation
of teams in the sport by four-year colleges and
universities in the United States has resulted
in a net decrease in the number of college and
university teams in the sport nationwide; or
``(ii) an emerging sport.
``(b) Application.--To be eligible to receive a distribution under
subsection (a), an institution of higher education shall prepare and
submit to the United States Olympic Committee or the national governing
body of the sport concerned an application at such time, in such
manner, and accompanied by such information as the Committee or such
body, as the case may be, may reasonably require.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2002 through 2006.''.
SEC. 5. REPORTING OF EQUITY IN ATHLETIC DISCLOSURE ACT DATA.
Section 485(g) of the Higher Education Act of 1965 (20 U.S.C.
1092(g)) is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C), the
following:
``(D) The Secretary shall ensure that reports are
disseminated to the public under subparagraph (C) by means that
include the Internet and in a manner that is easily
understandable. Beginning in the year in which data for a 5-
year period is available, such reports shall include
information on the 5-year trends in the data reported.''; and
(2) by adding at the end the following:
``(F) There is authorized to be appropriated to carry out
this paragraph, $1,250,000 for each of fiscal years 2002 and
2003.''.
SEC. 6. TEAM TERMINATION NOTIFICATION AND APPEAL REQUIREMENT.
Part D of title I of the Higher Education Act of 1965 (20 U.S.C.
1018 et seq.) is amended by adding at the end the following:
``SEC. 144. TEAM TERMINATION NOTIFICATION AND APPEAL REQUIREMENT.
``Effective on the date of enactment of this section, an
institution of higher education that receives assistance under this Act
shall not terminate funding for any intercollegiate sport, or reduce
funding or participation levels to such an extent so as to effectively
terminate such a sport, unless such institution provides to the members
of the team participating in that sport--
``(1) a written statement of the justification for the
termination or reduction that includes the reasons relating to
why the termination is necessary; and
``(2) an internal process for appealing the termination.''. | Olympic Sports Revitalization Act - Amends the Ted Stevens Olympic and Amateur Sports Act to authorize the Secretary of Commerce to make grants to Former Members of Congress, a recognized District of Columbia corporation, to encourage participation by individuals under 18 years of age in the following Olympic sports: (1) women's gymnastics, fencing, field hockey, archery, badminton, team handball, synchronized swimming, and equestrian; (2) men's wrestling, tennis, gymnastics, rifle/shooting, fencing, outdoor track, swimming, skiing, ice hockey, water polo, and archery; and (3) any other Olympic sport determined by the Secretary of Education to be either an emerging sport or a sport the discontinuation of which by U.S. colleges and universities has resulted in a net decrease in the number of colleges and university teams in such sport nationwide.Amends the Higher Education Amendments of 1992 to authorize the Secretary to provide funds to the United States Olympic Committee or the national governing body of the sport concerned for distribution to institutions of higher education for disbursement to students who: (1) participate intercollegiately in such an Olympic sport named above; and (2) are full-time students.Amends the Higher Education Act of 1965 to: (1) require the reporting of Equity in Athletic Disclosure Act data; and (2) require institutions discontinuing or reducing funding for an intercollegiate athletic sport to notify participants and provide an internal process for the appeal of such decision. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare
Telehealth Enhancement Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MEDICARE PROGRAM
Sec. 101. Expanding access to telehealth services to all areas.
Sec. 102. Increase in number of types of originating sites;
clarification.
Sec. 103. Expansion of use of store-and-forward technology.
Sec. 104. Expansion of practitioners eligible to furnish telehealth
services.
Sec. 105. Expansion of covered telehealth services.
Sec. 106. Facilitating the provision of telehealth services across
State lines.
Sec. 107. Effective Date.
TITLE II--HRSA GRANT PROGRAM
Sec. 201. Grant program for the development of telehealth networks.
Sec. 202. Reauthorization of telehealth network and telehealth resource
centers grant programs.
TITLE I--MEDICARE PROGRAM
SEC. 101. EXPANDING ACCESS TO TELEHEALTH SERVICES TO ALL AREAS.
Section 1834(m)(4)(C)(i) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)(i)) is amended by striking ``and only if such site is
located'' and all that follows and inserting ``without regard to the
geographic area where the site is located.''.
SEC. 102. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES;
CLARIFICATION.
(a) Increase.--Section 1834(m)(4)(C)(ii) of the Social Security Act
(42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the
following new subclauses:
``(VI) A skilled nursing facility
(as defined in section 1819(a)).
``(VII) A renal dialysis facility.
``(VIII) A county mental health
clinic or other publicly funded mental
health facility.''.
(b) Clarification of Intent of the Term Originating Site.--Such
section is further amended by adding at the end the following new
paragraph:
``(5) Construction.--In applying the term `originating
site' under this subsection, the Secretary shall apply the term
only for the purpose of determining whether a site is eligible
to receive a facility fee. Nothing in the application of that
term under this subsection shall be construed as affecting the
ability of an eligible practitioner to submit claims for
telehealth services that are provided to other sites that have
telehealth systems and capabilities.''.
SEC. 103. EXPANSION OF USE OF STORE-AND-FORWARD TECHNOLOGY.
The second sentence of section 1834(m)(1) of the Social Security
Act (42 U.S.C. 1395m(m)(1)) is amended to read as follows: ``For
purposes of the preceding sentence, in the case of any medicare
demonstration program conducted by the Secretary, any disease
management program under this title, or any site determined appropriate
by the Secretary, the term `telecommunications system' includes store-
and-forward technologies that provide for the asynchronous transmission
of health care information in single or multimedia formats.''.
SEC. 104. EXPANSION OF PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH
SERVICES.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (1), by striking ``(as defined in section
1861(r)) or a practitioner (described in section
1842(b)(18)(C))'' and inserting ``or a practitioner''; and
(2) by striking paragraph (4)(E) and inserting the
following new subparagraph:
``(E) Practitioner.--The term `practitioner'
means--
``(i) a practitioner described in section
1842(b)(18)(C);
``(ii) a physical therapist (as described
in section 1861(p));
``(iii) an occupational therapist (as so
described);
``(iv) a qualified speech-language
pathologist (as defined in section
1861(ll)(3)(A));
``(v) a certified provider (as described in
section 1861(qq)(2)(A)); and
``(vi) any other individual or entity
determined appropriate by the Secretary.''.
SEC. 105. EXPANSION OF COVERED TELEHEALTH SERVICES.
Section 1834(m)(4)(F)(i) of the Social Security Act (42 U.S.C.
1395m(m)(4)(F)(i)) is amended to read as follows:
``(i) In general.--The term `telehealth
service' means--
``(I) any professional service
(identified as of July 1, 2000, by
HCPCS codes approved for face-to-face
care, and as subsequently modified by
the Secretary); and
``(II) any additional service
specified by the Secretary.''.
SEC. 106. FACILITATING THE PROVISION OF TELEHEALTH SERVICES ACROSS
STATE LINES.
(a) In General.--For purposes of expediting the provision of
telehealth services, for which payment is made under the medicare
program, across State lines, the Secretary of Health and Human Services
shall, in consultation with representatives of States, physicians,
health care practitioners, and patient advocates, encourage and
facilitate the adoption of provisions allowing for multistate
practitioner licensure across State lines.
(b) Definitions.--In subsection (a):
(1) Telehealth service.--The term ``telehealth service''
has the meaning given that term in subparagraph (F) of section
1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)),
as amended by this title.
(2) Physician, practitioner.--The terms ``physician'' and
``practitioner'' have the meaning given those terms in
subparagraphs (D) and (E), respectively, of such section, as so
amended.
(3) Medicare program.--The term ``medicare program'' means
the program of health insurance administered by the Secretary
of Health and Human Services under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
SEC. 107. EFFECTIVE DATE.
The amendments made by sections 101 through 105 shall apply to
services furnished on or after the date that is 90 days after the date
of enactment of this Act.
TITLE II--HRSA GRANT PROGRAM
SEC. 201. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Director of the Office for the Advancement of Telehealth (of the Health
Resources and Services Administration), shall make grants to eligible
entities (as described in subsection (b)(2)) for the purpose of
expanding access to health care services for individuals in rural
areas, frontier areas, and urban medically underserved areas through
the use of telehealth.
(b) Eligible Entities.--
(1) Application.--To be eligible to receive a grant under
this section, an eligible entity described in paragraph (2)
shall, in consultation with the State office of rural health or
other appropriate State entity, prepare and submit to the
Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require,
including the following:
(A) A description of the anticipated need for the
grant.
(B) A description of the activities which the
entity intends to carry out using amounts provided
under the grant.
(C) A plan for continuing the project after Federal
support under this section is ended.
(D) A description of the manner in which the
activities funded under the grant will meet health care
needs of underserved rural populations within the
State.
(E) A description of how the local community or
region to be served by the network or proposed network
will be involved in the development and ongoing
operations of the network.
(F) The source and amount of non-Federal funds the
entity would pledge for the project.
(G) A showing of the long-term viability of the
project and evidence of health care provider commitment
to the network.
The application should demonstrate the manner in which the
project will promote the integration of telehealth in the
community so as to avoid redundancy of technology and achieve
economies of scale.
(2) Eligible entities.--An eligible entity described in
this paragraph is a hospital or other health care provider in a
health care network of community-based health care providers
that includes at least two of the organizations described in
subparagraph (A) and one of the institutions and entities
described in subparagraph (B) if the institution or entity is
able to demonstrate use of the network for purposes of
education or economic development (as required by the
Secretary).
(A) The organizations described in this
subparagraph are the following:
(i) Community or migrant health centers.
(ii) Local health departments.
(iii) Nonprofit hospitals.
(iv) Private practice health professionals,
including community and rural health clinics.
(v) Other publicly funded health or social
services agencies.
(vi) Skilled nursing facilities.
(vii) County mental health and other
publicly funded mental health facilities.
(viii) Providers of home health services.
(ix) Renal dialysis facilities.
(B) The institutions and entities described in this
subparagraph are the following:
(i) A public school.
(ii) A public library.
(iii) A university or college.
(iv) A local government entity.
(v) A local health entity.
(vi) A health-related nonprofit foundation.
(vii) An academic health center.
An eligible entity may include for-profit entities so long as
the recipient of the grant is a not-for-profit entity.
(c) Preference.--The Secretary shall establish procedures to
prioritize financial assistance under this section based upon the
following considerations:
(1) The applicant is a health care provider in a health
care network or a health care provider that proposes to form
such a network that furnishes or proposes to furnish services
in a medically underserved area, health professional shortage
area, or mental health professional shortage area.
(2) The applicant is able to demonstrate broad geographic
coverage in the rural or medically underserved areas of the
State, or States, in which the applicant is located.
(3) The applicant proposes to use Federal funds to develop
plans for, or to establish, telehealth systems that will link
rural hospitals and rural health care providers to other
hospitals, health care providers, and patients.
(4) The applicant will use the amounts provided for a range
of health care applications and to promote greater efficiency
in the use of health care resources.
(5) The applicant is able to demonstrate the long-term
viability of projects through cost participation (cash or in-
kind).
(6) The applicant is able to demonstrate financial,
institutional, and community support for the long-term
viability of the network.
(7) The applicant is able to provide a detailed plan for
coordinating system use by eligible entities so that health
care services are given a priority over non-clinical uses.
(d) Maximum Amount of Assistance to Individual Recipients.--The
Secretary shall establish, by regulation, the terms and conditions of
the grant and the maximum amount of a grant award to be made available
to an individual recipient for each fiscal year under this section. The
Secretary shall cause to have published in the Federal Register or the
``HRSA Preview'' notice of the terms and conditions of a grant under
this section and the maximum amount of such a grant for a fiscal year.
(e) Use of Amounts.--The recipient of a grant under this section
may use sums received under such grant for the acquisition of
telehealth equipment and modifications or improvements of
telecommunications facilities including the following:
(1) The development and acquisition through lease or
purchase of computer hardware and software, audio and video
equipment, computer network equipment, interactive equipment,
data terminal equipment, and other facilities and equipment
that would further the purposes of this section.
(2) The provision of technical assistance and instruction
for the development and use of such programming equipment or
facilities.
(3) The development and acquisition of instructional
programming.
(4) Demonstration projects for teaching or training medical
students, residents, and other health profession students in
rural or medically underserved training sites about the
application of telehealth.
(5) The provision of telenursing services designed to
enhance care coordination and promote patient self-management
skills.
(6) The provision of services designed to promote patient
understanding and adherence to national guidelines for common
chronic diseases, such as congestive heart failure or diabetes.
(7) Transmission costs, maintenance of equipment, and
compensation of specialists and referring health care
providers, when no other form of reimbursement is available.
(8) Development of projects to use telehealth to facilitate
collaboration between health care providers.
(9) Electronic archival of patient records.
(10) Collection and analysis of usage statistics and data
that can be used to document the cost-effectiveness of the
telehealth services.
(11) Such other uses that are consistent with achieving the
purposes of this section as approved by the Secretary.
(f) Prohibited Uses.--Sums received under a grant under this
section may not be used for any of the following:
(1) To acquire real property.
(2) To purchase or lease equipment to the extent the
expenditures would exceed more than 40 percent of the total
grant funds.
(3) To purchase or install transmission equipment off the
premises of the telehealth site and any transmission costs not
directly related to the grant.
(4) For construction, except that such funds may be
expended for minor renovations relating to the installation of
equipment.
(5) Expenditures for indirect costs (as determined by the
Secretary) to the extent the expenditures would exceed more
than 15 percent of the total grant.
(g) Administration.--
(1) Nonduplication.--The Secretary shall ensure that
facilities constructed using grants provided under this section
do not duplicate adequately established telehealth networks.
(2) Coordination with other agencies.--The Secretary shall
coordinate, to the extent practicable, with other Federal and
State agencies and not-for-profit organizations operating
similar grant programs to pool resources for funding
meritorious proposals.
(3) Informational efforts.--The Secretary shall establish
and implement procedures to carry out outreach activities to
advise potential end users located in rural and medically
underserved areas of each State about the program authorized by
this section.
(h) Prompt Implementation.--The Secretary shall take such actions
as are necessary to carry out the grant program as expeditiously as
possible.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2006, and such sums as may be necessary for each of the fiscal years
2007 through 2012.
SEC. 202. REAUTHORIZATION OF TELEHEALTH NETWORK AND TELEHEALTH RESOURCE
CENTERS GRANT PROGRAMS.
Subsection (s) of section 330I of the Public Health Service Act (42
U.S.C. 254c-14) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' before ``such sums''; and
(B) by inserting ``, $10,000,000 for fiscal year
2007, and such sums as may be necessary for each of
fiscal years 2008 through 2012'' before the semicolon
at the end; and
(2) in paragraph (2)--
(A) by striking ``and'' before ``such sums''; and
(B) by inserting ``, $10,000,000 for fiscal year
2007, and such sums as may be necessary for each of
fiscal years 2008 through 2012'' before the period at
the end. | Medicare Telehealth Enhancement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act regarding telehealth services (services furnished via a telecommunication system by a physician to an enrolled individual) to: (1) remove current geographic restrictions on the provision of such services; (2) add to the kinds of facilities authorized to participate in the telehealth program; (3) provide for the expansion of use of store-and-forward technology; (4) add new kinds of practitioners eligible to furnish telehealth services; (5) extend the meaning of covered telehealth services to any professional service meeting certain requirements; and (6) direct the Secretary of Health and Human Services to facilitate adoption of provisions allowing for multistate practitioner licensure across state lines.
Directs the Secretary to make grants for expanding access to health care services for individuals in rural areas, frontier areas, and urban medically underserved areas through the use of telehealth.
Amends the Public Health Service Act to reauthorize telehealth network and telehealth resource centers grant programs. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contracting and Tax Accountability
Act of 2008''.
SEC. 2. GOVERNMENTAL POLICY.
It is the policy of the United States Government that no Government
contracts or grants should be awarded to individuals or companies with
seriously delinquent Federal tax debts.
SEC. 3. PROHIBITION ON AWARDING OF CONTRACTS TO DELINQUENT FEDERAL
DEBTORS.
Section 3720B of title 31, United States Code, is amended--
(1) in the section heading, by adding at the end ``or
contracts'';
(2) by adding at the end the following:
``(c)(1) Unless this subsection is waived by the head of a Federal
agency, a person who has a seriously delinquent tax debt shall be
proposed for debarment from any contract awarded by the Federal
Government.
``(2) The head of any Federal agency that issues an invitation for
bids or a request for proposals for a contract in an amount greater
than the simplified acquisition threshold (as defined in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11))
shall require each person that submits a bid or proposal to submit with
the bid or proposal a form--
``(A) certifying that the person does not have a seriously
delinquent tax debt; and
``(B) authorizing the Secretary of the Treasury to disclose
to the head of the agency information limited to describing
whether the person has a seriously delinquent tax debt.
``(3) The Secretary shall make available to all Federal agencies a
standard form for the certification and authorization described in
paragraph (2).
``(4) Not later than 270 days after the date of enactment of this
subsection, the Federal Acquisition Regulation shall be revised to
incorporate the requirements of this subsection.
``(5) For purposes of this subsection:
``(A) The term `contract' means a binding agreement entered
into by a Federal agency for the purpose of obtaining property
or services, but does not include--
``(i) a contract designated by the head of the
agency as assisting the agency in the performance of
disaster relief authorities; or
``(ii) a contract designated by the head of the
agency as necessary to the national security of the
United States.
``(B)(i) The term `person' includes--
``(I) an individual;
``(II) a partnership; and
``(III) a corporation.
``(ii) A partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a partner
who--
``(I) holds an ownership interest of 50 percent or
more in that partnership; and
``(II) who has a seriously delinquent tax debt.
``(iii) A corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has an
officer or a shareholder who--
``(I) holds 50 percent or more, or a controlling
interest that is less than 50 percent, of the
outstanding shares of corporate stock in that
corporation; and
``(II) who has a seriously delinquent tax debt.
``(C)(i) The term `seriously delinquent tax debt' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code.
``(ii) Such term does not include--
``(I) a debt that is being paid in a timely manner
pursuant to an agreement under section 6159 or section
7122 of such Code; and
``(II) a debt with respect to which a collection
due process hearing under section 6330 of such Code, or
relief under subsection (a), (b), or (f) of section
6015 of such Code, is requested or pending.''.
SEC. 4. PROHIBITION ON AWARDING OF GRANTS TO DELINQUENT FEDERAL
DEBTORS.
(a) In General.--The head of any Executive agency that offers a
grant in excess of an amount equal to the simplified acquisition
threshold (as defined in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 401(11)) may not award such grant to
any person unless such person submits with the application for such
grant a form--
(1) certifying that the person does not have a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the Executive agency information limited to
describing whether the person has a seriously delinquent tax
debt.
(b) Release of Information.--The Secretary shall make available to
all Executive agencies a standard form for the certification and
authorization described in subsection (a)(2).
(c) Revision of Regulations.--Not later than 270 days after the
date of the enactment of this section, the Director of the Office of
Management and Budget shall revise such regulations as necessary to
incorporate the requirements of this section.
(d) Definitions and Special Rules.--For purposes of this section:
(1) Person.--
(A) In general.--The term ``person'' includes--
(i) an individual;
(ii) a partnership; and
(iii) a corporation.
(B) Treatment of certain partnerships.--A
partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a
partner who--
(i) holds an ownership interest of 50
percent or more in that partnership; and
(ii) who has a seriously delinquent tax
debt.
(C) Treatment of certain corporations.--A
corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has
an officer or a shareholder who--
(i) holds 50 percent or more, or a
controlling interest that is less than 50
percent, of the outstanding shares of corporate
stock in that corporation; and
(ii) who has a seriously delinquent tax
debt.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(3) Seriously delinquent tax debt.--
(A) In general.--The term ``seriously delinquent
tax debt'' means an outstanding debt under the Internal
Revenue Code of 1986 for which a notice of lien has
been filed in public records pursuant to section 6323
of such Code.
(B) Exceptions.--Such term does not include--
(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code; and
(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending.
Passed the House of Representatives April 14, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Contracting and Tax Accountability Act of 2008 - Establishes a policy that no U.S. government contracts or grants should be awarded to individuals or companies with seriously delinquent tax debts.
Requires a person who has such a debt to be proposed for debarment from any federal government contract unless such requirement is waived by a federal agency head.
Requires an agency head that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold to require prospective contractors to: (1) certify that they do not have such a debt; and (2) authorize the Secretary of the Treasury to disclose information describing whether they have such a debt. Exempts contracts designated by agency heads as assisting the agency in the performance of disaster relief authorities or as necessary to national security.
Prohibits the head of an agency offering a grant exceeding such threshold from awarding it to a person who does not submit such certification and authorization. Requires the Federal Acquisition Regulation and regulations governing grants to be revised to require such certification and authorization.
Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Excludes a tax debt: (1) that is being paid in a timely manner pursuant to an installment agreement; or (2) for which a collection due process hearing, or for which relief from liability for a tax deficiency applicable to joint filers, is requested or pending. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fishery Conservation Transition
Act''.
SEC. 2. TRANSITION TO SUSTAINABLE FISHERIES.
(a) In General.--Within 180 days after the close of fishing year
2010 (within the meaning given that term in the Magnuson-Stevens
Fishery conservation and Management Act (16 U.S.C. 1802 et seq.), the
Secretary of Commerce shall determine, with respect to each fishery for
which a fishery management plan that meets the requirements of section
303(a)(15) of that Act (16 U.S.C. 1853(a)(15)) is in effect that
contains a complete prohibition on the retention of stocks subject to
overfishing within the fishery for the entire fishing season, whether
the prohibition is sufficient to prevent or end overfishing for the
stocks, or stocks undergoing overfishing, to which it applies.
(b) Remedial Action.--If the Secretary determines that the
prohibition contained in such a fishery management plan is not
sufficient to prevent or end overfishing for the stocks to which it
applies, the Secretary may authorize retention of fish that are not
undergoing overfishing within that fishery, notwithstanding that
discard mortality of stocks for which retention is prohibited may be
inconsistent with provisions on ending or preventing overfishing, if,
within 90 days after a determination by the Secretary under subsection
(a), the Regional Fishery Management Council with jurisdiction over the
fishery implements--
(1) measures to minimize bycatch and bycatch mortality to
the extent practicable;
(2) an enhanced data collection requirement, such as an
electronic logbook data collection system, for recreational,
for hire, and commercial fishers;
(3) a program of on-board observers for charter, for-hire,
and commercial fishers that will monitor and collect data on
bycatch and bycatch mortality in multispecies fisheries with
prohibitions on retention on one or more species in the
fisheries; and
(4) in coordination with the Secretary, other measures to
ensure accountability of the fishery, including those that will
substantially contribute to addressing data gaps in stock
assessments.
(c) Additional Requirements.--The Secretary shall take such action
as may be necessary to ensure that, with respect to any stock subject
to overfishing in a fishery to which a determination under subsection
(b) applies--
(1) a monitoring and research program to monitor the
recovery of the affected stocks of fish is implemented for the
fishery within 1 year after the date of enactment of this Act;
(2) a stock assessment for the overfished species within
the affected stocks of fish is initiated, taking into account
relevant life history of the stock, within 6 months after the
date on which the Secretary makes such a determination; and
(3) the Regional Fishery Management Council with
jurisdiction over the affected fishery submits a report to
Congress and the Secretary detailing a long-term plan for
reducing discard mortality of the affected stocks of fish to
which a determination under subsection (a) applies within 2
years after the date of enactment of this Act.
(d) Further Action Required.--If the Secretary determines that--
(1) the Regional Fishery Management Council with
jurisdiction over a fishery has complied with the requirements
of paragraphs (b) and (c), and
(2) the fishery management plan's prohibition on the
retention of stocks subject to overfishing continues to be
insufficient to prevent or end overfishing for those stocks,
the Secretary shall take such action as may be necessary to end
overfishing for the stocks to which the prohibition applies before the
end of fishery year 2015.
SEC. 3. ECONOMIC ASSISTANCE PROGRAM.
(a) In General.--Section 208 of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (16 U.S.C.
1891b) is amended--
(1) by striking ``and'' after the semicolon in subsection
(b)(6);
(2) by striking ``materia.'' in subsection (b)(7) and
inserting ``materia; and'';
(3) by adding at the end of subsection (b) the following:
``(8) the economic assistance program under subsection
(f).'';
(4) by striking ``and'' after the semicolon in subsection
(c)(2)(A);
(5) by striking ``section.'' in subsection (c)(2)(B) and
inserting ``section; and'';
(6) by adding at the end of subsection (c)(2) the
following:
``(C) fees collected under permit programs for a
fishery significantly affected by a prohibition on the
retention of stocks to end or prevent overfishing.'';
and
(7) by adding at the end thereof the following:
``(f) Economic Assistance Program.--
``(1) In general.--The Secretary shall establish an
economic assistance program to assist recreational and
commercial fishery participants, fishing industries, and
fishing communities significantly affected by a prohibition on
the retention of stocks to end or prevent overfishing or
rebuild overfished stocks and use amounts in the Fund to
provide such assistance.
``(2) Criteria for assistance.--In the administration of
the program, the Secretary shall develop criteria for
prioritizing economic assistance requests, including
consideration of the conservation and management history of the
fishery, the sustainability of conservation and management
approaches, the magnitude of the economic impact of the
retention prohibition, and community and social impacts.
``(3) Application process.--The Secretary shall develop an
application process to determine eligibility for economic
assistance under the program and shall consult with States
whose recreational and commercial fishery participants, fishing
industries, or fishing communities have been affected by the
prohibition. Any person or community seeking assistance under
the program shall submit an application at such time, in such
manner, and containing such information and assurances as the
Secretary may require.
``(4) State matching funds.--The Federal share of
assistance provided under the program to recreational and
commercial fishery participants, fishing industries, or fishing
communities may not exceed 75 percent. Before granting
assistance under the program, the Secretary shall consult with
the State in which the recipient is located and request that
the State provide matching funds. The Secretary may waive, in
whole or in part, the matching requirement under this
paragraph.''.
SEC. 4. AUTHORITY TO ACT.
(a) Clarification of Emergency Authority.--Section 305(c) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1855(c)) is amended by adding at the end the following:
``(4) For purposes of this section, an emergency is a situation
that results from recent, unforeseen, or recently discovered
circumstances that present serious conservation or management problems
in the fishery, including ecological, economic, social, or public
health interests. An emergency may include increasing or decreasing a
catch limit, or modifying a time or area closure or retention
prohibition in response to new science or stock assessment information,
but only if such action is needed to address serious conservation or
management problems in the fishery.''.
SEC. 5. FISHERY STUDIES AND REPORTS.
Status of Fishery Report.--Section 304(e) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1854(e)) is
amended--
(1) by inserting ``(A)'' before ``The Secretary'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii); and
(3) by adding at the end the following:
``(B) In the review, the Secretary shall consider--
``(i) a stock assessment conducted pursuant to subsection
(c);
``(ii) an analysis of the local, regional, and national
social and economic impacts on fishing communities and
industries directly and indirectly related to the fishery; and
``(iii) fishery management measures to enhance the
sustainability of stocks of fish that are overfished, and an
evaluation of alternative management approaches that may be
implemented to enhance such sustainability.
``(C) Stock assessment updates for each stock of fish that is
overfished or undergoing overfishing shall be conducted at 2 year
intervals, and a full stock assessment pursuant to subsection (c) shall
be conducted no less frequently than once every 5 years.
``(D) The Secretary shall include a summary of reviews conducted
under subparagraph (A) in the report required by paragraph (1) of this
subsection. To the extent possible, the Secretary shall include in the
report recommendations for actions that could be taken to encourage the
sustainable management of stocks of fish listed in the Fish Stocks
Sustainability Index.''.
(b) Assessment of Current Management Measures.--
(1) In general.--The Secretary of Commerce shall conduct a
study, in cooperation with the National Academy of Sciences, to
determine if current fishery management measures for stocks in
a multispecies fishery yield the most productive use of marine
resources while effectively conserving sustainable populations
and a healthy marine ecosystem. The study shall include--
(A) the identification of the statutory and
regulatory impediments to achieving the maximum
sustainable yield from the entire fishery;
(B) the identification of fishery independent
environmental stressors on the fishery;
(C) the economic value derived from the yield in
the fishery; and
(D) alternative fishery management measures and
technologies which would result in increased economic
and harvest yields consistent with sound conservation.
(2) Report.--Within 180 days after the date of enactment of
this Act, the Secretary shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Natural Resources
containing the Secretary's findings, conclusions, and
recommendations.
SEC. 6. 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 amendments made by this Act. | Fishery Conservation Transition Act - Directs the Secretary of Commerce, for certain fisheries for which a fishery management plan is in effect that contains a complete prohibition on the retention of stocks subject to overfishing within the fishery for the entire fishing season, to determine whether such prohibition is sufficient to prevent or end overfishing for the stocks, or stocks being overfished.
Sets forth provisions for specified remedial and other actions to be taken by the Secretary if the prohibition contained in such a plan is insufficient to prevent or end overfishing for the stocks to which it applies.
Establishes an economic assistance program to assist recreational and commercial fishery participants, fishing industries, and fishing communities significantly affected by a prohibition on the retention of stocks to end or prevent overfishing or rebuild overfished stocks. Limits the federal share of assistance provided under the program to 75% and requires the provision of state matching funds.
Provides criteria for determining the existence of an overfishing situation requiring emergency action.
Requires the consideration of specified fishery studies and management measures in the review of any fishery management plan, plan amendment, or regulations relating to the rebuilding of overfished fisheries.
Requires the Secretary to assess current management measures for stocks in multispecies fisheries. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``George C. Marshall Commemorative
Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'' shall mint and issue the
following coins in commemoration of the 50th anniversary of the
Marshall Plan and George Catlett Marshall:
(1) $1 silver coins.--Not more than 700,000 1 dollar coins,
which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) Half dollar clad coins.--Not more than 500,000 half
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 50th anniversary of the Marshall
Plan, which gave Europe's war-ravaged countries the economic
strength by which they might choose freedom, and George C.
Marshall, the author of the plan.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse side.--The obverse side of each coin minted
under this Act shall bear the likeness of George C. Marshall.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
George C. Marshall Foundation, the Friends of George C.
Marshall, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1997.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $12 per coin for the $1 coin; and
(2) $4 per coin for the half dollar coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary in equal portions to--
(1) the George C. Marshall Foundation for the purpose of
supporting the Foundation's educational and outreach programs
to promote the ideals and values of George C. Marshall; and
(2) the Friends of George C. Marshall for the sole purpose
of constructing and operating the George C. Marshall Memorial
and Visitor Center in Uniontown, Pennsylvania.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the George C. Marshall Foundation and the Friends of George C.
Marshall as may be related to the expenditures of amounts paid under
subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration. | George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George C. Marshall, its author. Directs the Secretary to pay surcharges received from coin sales to: (1) the George C. Marshall Foundation to be used to support its educational and outreach programs; and (2) the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Vistor Center in Uniontown, Pennsylvania. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revolving Door Act of 1996''.
SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CERTAIN FOREIGN
ENTITIES.
(a) Amendment to Title 18.--Section 207(f) of title 18, United
States Code, is amended to read as follows:
``(f) Restrictions Relating to Foreign Entities.--
``(1) Ten-year restriction.--Any person who is an officer
or employee described in paragraph (3) and who, within 10 years
after the termination of the employee's service or employment
as such officer or employee, knowingly acts as an agent or
attorney for or otherwise represents or advises, for
compensation, a government of a foreign country or a foreign
political party, if the representation or advice relates
directly to a matter in which the United States is a party or
has a direct and substantial interest, shall be punished as
provided in section 216 of this title.
``(2) Five-year restriction.--Any person who is an officer
or employee described in paragraph (3) and who, within 5 years
after the termination of his or her service or employment as
such officer or employee, knowingly acts as an agent or
attorney for or otherwise represents or advises, for
compensation--
``(A) a person outside of the United States, unless
such person--
``(i) if an individual, is a citizen of and
domiciled within the United States, or
``(ii) if not an individual, is organized
under or created by the laws of the United
States or of any State or other place subject
to the jurisdiction of the United States and
has its principal place of business within the
United States, or
``(B) a partnership, association, corporation,
organization, or other combination of persons organized
under the laws of or having its principal place of
business in a foreign country,
if the representation or advice relates directly to a matter in
which the United States is a party or has a direct and
substantial interest, shall be punished as provided in section
216 of this title.
``(3) Persons to whom restrictions apply.--The officers and
employees referred to in paragraphs (1) and (2) to whom the
restrictions contained in such paragraphs apply are--
``(A) the President of the United States; and
``(B) any person subject to the restrictions
contained in subsection (c), (d), or (e).
``(4) Definitions.--For purposes of this subsection--
``(A) the term `compensation' means any payment,
gift, benefit, reward, favor, or gratuity which is
provided, directly or indirectly, for services
rendered;
``(B) the term `government of a foreign country'
has the meaning given that term in section 1(e) of the
Foreign Agents Registration Act of 1938 (22 U.S.C.
611(e));
``(C) the term `foreign political party' has the
meaning given that term in section 1(f) of the Foreign
Agents Registration Act of 1938 (22 U.S.C 611(f));
``(D) the term `United States' means the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
``(E) the term `State' includes the District of
Columbia and any commonwealth, territory, or possession
of the United States.''.
(b) Effective Date.--
(1) General rule.--Except as provided in paragraph (2), the
amendment made by subsection (a) take effect on January 1,
1997.
(2) Application.--The amendment made by subsection (a) does
not apply to a person whose service as an officer or employee
to which such amendment applies terminated before the effective
date of such amendment.
SEC. 3. CROSS-OVER LOBBYING.
(a) Executive Branch.--Section 207(d) of title 18, United States
Code, is amended by adding at the end the following:
``(3) Additional restriction.--Any person who is a former officer
or employee of the executive branch of the United States, who is
subject to subsection (c) or paragraphs (1) and (2) of this subsection,
and who, within 1 year after the date of the termination of such
officer or employee's service or employment with the United States,
knowingly makes, with intent to influence, any communication to or
appearance before any Member of Congress or officer or employee of the
legislative branch of the United States on behalf of any other person
(other than the United States or the District of Columbia) shall be
punished as provided in section 216.''.
(b) Legislative branch.--Section 207(e) of title 18, United States
Code, is amended by redesignating paragraph (7) as paragraph (8) and by
adding after paragraph (6) the following:
``(7) Additional restriction.--Any former Member of Congress and
any former employee of the House of Representatives or Senate whose
salary was greater than 120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule (at the time of the
employee's termination of employment) who, within 1 year after the date
of the termination of the service of the Member of Congress or the
employment of such employee by the House of Representatives or Senate,
knowingly makes, with intent to influence, any communication to or
appearance before any officer or employee of the executive branch of
the United States on behalf of any other person (other than the United
States or the District of Columbia) shall be punished as provided in
section 216.''.
SEC. 4. FELONS.
Section 207 of title 18, United States Code, is amended by adding
at the end the following:
``(l) Any--
``(1) former Member of Congress,
``(2) any former employee of the House of Representatives
or Senate whose salary was greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of the General
Schedule (at the time of the employee's termination of
employment), and
``(3) any employee of the executive branch of the United
States who is subject to subsection (c) or (d),
who is convicted of a felony may not, for compensation, make any
communication to or appearance before any employee of the House of
Representatives or Senate or officer or employee of the executive
branch of the United States.''.
SEC. 5. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT.
Section 3(h) of the Foreign Agents Registration Act (22 U.S.C.
613(h)) is amended by striking ``is required to register and does
register'' and inserting ``has engaged in lobbying activities and has
registered''..
SEC. 6. CIVIL PENALTIES.
Section 8(a) of the Foreign Agents Registration Act (22 U.S.C. 618)
is amended--
(1) by adding at the end the following: ``Such a person
shall also be subject to a civil penalty of not more than
$50,000 for each such violation which is knowingly
committed.''; and
(2) in paragraph (1), by moving the matter beginning with
``shall, upon conviction thereof,'' one em to the left. | Revolving Door Act of 1996 - Modifies Federal criminal code provisions restricting the activities of former officers, employees, and elected officials of the executive and legislative branches relating to foreign entities.
Replaces a ban for one year after leaving office on representing, aiding, or advising a foreign entity before an officer or employee of any U.S. department or agency with intent to influence a decision of such officer in carrying out official duties with: (1) a ten-year restriction on the President, certain senior executive branch personnel, and Members of Congress and officers and employees of the legislative branch knowingly acting as an agent or attorney for, or otherwise representing or advising for compensation (representing), a foreign government or political party if the representation relates directly to a matter in which the United States is a party or has a direct and substantial interest; and (2) a five-year restriction on representing specified foreign persons or organizations if the representation relates directly to a matter in which the United States is a party or has a direct and substantial interest.
Imposes penalties upon: (1) former executive branch officers who, within one year after termination of Federal service or employment, knowingly make, with intent to influence, any communication to or appearance before a Member or legislative branch officer or employee on behalf of any person other than the United States or the District of Columbia; and (2) former Members and former employees of the House of Representatives or Senate whose salaries exceeded 120 percent of the minimum rate of basic pay for GS-15 of the General Schedule who, within one year after termination of service, knowingly make such a communication to or appearance before any executive branch officer.
Bars such an officer, employee, or Member who is convicted of a felony from making any communication to or appearance before any employee of the House or Senate or any executive branch officer for compensation.
Amends the Foreign Agents Registration Act to: (1) exempt from registration requirements specified agents or entities engaged in lobbying activities that have registered under the Lobbying Disclosure Act of 1995; and (2) add a civil penalty of up to $50,000 for each violation (with respect to false statements and willful omissions) knowingly committed. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Readiness and Southern Sea
Otter Conservation Act''.
SEC. 2. SOUTHERN SEA OTTER MILITARY READINESS AND CONSERVATION ACT.
(a) Findings and Purpose.--The Congress finds and declares the
following:
(1) The United States Fish and Wildlife Service--
(A) developed a relocation and management plan for
southern sea otters as authorized by Public Law 99-625
(Nov. 7, 1986, 100 Stat. 3500);
(B) promulgated governing regulations on August 11,
1987 (52 Fed. Reg. 29754), in accordance with section
1(b) of Public Law 99-625; and
(C) has administered the plan since August 1987.
(2) National defense-related activities at San Nicolas
Island have not had adverse affects on southern sea otters, but
continued expansion of the southern sea otter population into
the area designated by Public Law 99-625 as the management zone
may result in national security impacts. Military training
programs evolve, as they are linked to real world events,
necessitating greater flexibility in the types and amounts of
training events the military departments conduct.
(3) Sikes Act Compliant Integrated Natural Resources
Management Plans for military installations in California
adequately address the special management needs of threatened
and endangered species, and provide conservation benefits to
the near shore marine environments through watershed and land-
based management actions.
(4) Public Law 99-625 provided the authority under the
Endangered Species Act of 1973 and the Marine Mammal Protection
Act of 1972 for otters established at San Nicolas Island to be
designated a nonessential experimental population and this
designation should be continued to provide for the flexibility
needed for military readiness requirements guaranteed by Public
Law 99-625.
(b) Purpose.--The purpose of this section is to enhance
conservation of the southern sea otter and its growth toward an optimum
sustainable population while allowing reasonable assurances for
military readiness activities, as defined in section 315(f) of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 116 Stat. 2509; 16 U.S.C. 703 note), to continue.
(c) Establishment of the Southern Sea Otter Military Readiness
Areas.--Chapter 136 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2283. Establishment of the Southern Sea Otter Military Readiness
Areas
``(a) Establishment.--The Secretary of Defense shall establish
Southern Sea Otter Military Readiness Areas for national defense
purposes, consisting of--
``(1) the area that includes Naval Base Ventura County San
Nicolas Island and Begg Rock, and the adjacent and surrounding
waters within the following coordinates:
``N. Latitude/W. Longitude
``3327.8'/11934.3'
``3320.5'/11915.5'
``3313.5'/11911.8'
``3306.5'/11915.3'
``3302.8'/11926.8'
``3308.8'/11946.3'
``3317.2'/11956.9'
``3330.9'/11954.2';
``(2) that area that includes Naval Base Coronado San
Clemente Island and the adjacent and surrounding waters running
parallel to shore to 3 nautical miles from the high tide line
designated by 33 C.F.R. part 165 on May 20, 2010, as the San
Clemente Island 3NM Safety Zone; and
``(3) that area that includes Marine Corps Base Camp
Pendleton and the adjacent waters within the following
coordinates:
``Latitude/W. Longitude
``3326.6'/11738.9'
``3321.3'/11745.8'
``3356.2'/11739.7'
``336.5'/11728.5'
``3310.2'/11723.7'
``3311.8'/11723.2'
``3326.6'/11738.9'.
``(b) Activities Within the Southern Sea Otter Military Readiness
Areas.--
``(1) Incidental takings under endangered species act of
1973.--Sections 4 and 9 of the Endangered Species Act of 1973
(16 U.S.C. 1533, 1538) shall not apply with respect to the
incidental taking of any southern sea otter in the Southern Sea
Otter Military Readiness Areas in the course of conducting a
military readiness activity.
``(2) Incidental takings under marine mammal protection act
of 1972.--Sections 101 and 102 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect
to the incidental taking of any southern sea otter in the
Southern Sea Otter Military Readiness Areas in the course of
conducting military readiness activities.
``(3) Treatment as species proposed to be listed.--For
purposes of any military readiness activity, any southern sea
otter while within the Southern Sea Otter Military Readiness
Areas shall be treated for the purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of
a species that is proposed to be listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
``(c) Removal.--Nothing in this section or any other Federal law
shall be construed to require that any southern sea otter located
within the Southern Sea Otter Military Readiness Areas as of the
effective date of this section or thereafter be removed from the Areas.
``(d) Revision or Termination of Exceptions.--The Secretary of the
Interior may revise or terminate the application of subsection (b) if
the Secretary, in consultation with, and with the concurrence of, the
Secretary of the Navy, determines that military activities authorized
under subsection (b) are substantially impeding southern sea otter
conservation or the return of southern sea otters to optimum
sustainable population levels.
``(e) Monitoring.--
``(1) In general.--The Secretary of the Navy shall monitor
the Southern Sea Otter Military Readiness Areas not less than
every three years to measure the growth or decline of the
southern sea otter population.
``(2) Reports.--Within 24 months after the effective date
of this section and every three years thereafter, the Secretary
of the Navy shall report to Congress and the public on
monitoring undertaken pursuant to paragraph (1).
``(f) Relationship to Other Federal Law.--Except as provided in
subsections (a) and (b), nothing in this section shall be construed as
repealing, superseding, or modifying any provision of Federal law.
``(g) Ecosystem Management.--
``(1) Ecosystem management plan.--Consistent with Public
Law 99-625 and the notice and comment provisions of chapter 5
of title 5, the Director of the United States Fish and Wildlife
Service and the Director of the National Marine Fisheries
Service, in cooperation with the Marine Mammal Commission,
shall develop an ecosystem management plan that, for waters off
the coast of California, ensures--
``(A) the recovery of the southern sea otter;
``(B) the recovery of the endangered black abalone
and the endangered white abalone; and
``(C) the commercial harvest of shellfish fisheries
at levels approximating current harvests.
``(2) Assessment of carrying capacity.--The Director of the
United States Fish and Wildlife Service shall, within one year
after the effective date of this section, assess the carrying
capacity of the habitat for southern sea otters, including an
assessment of the impacts of water quality on that carrying
capacity and the causes of water quality degradation.
``(3) Continued implementation of existing plan.--The
Director of the United States Fish and Wildlife Service shall
continue implementing the relocation and management plan for
southern sea otters authorized by Public Law 99-625 (100 Stat.
3500) until the date the management plan and assessment
required under paragraphs (1) and (2), respectively, are
completed.
``(h) Definitions.--In this section:
``(1) Incidental taking.--The term `incidental taking'
means any take of a southern sea otter that is incidental to,
and not the purpose of, the carrying out of an otherwise lawful
activity.
``(2) Optimum sustainable population.--The term `optimum
sustainable population' means, with respect to any population
stock, the number of animals that will result in the maximum
productivity of the population or the species, keeping in mind
the carrying capacity of the habitat and the health of the
ecosystem of which they form a constituent element.
``(3) Southern sea otter.--The term `southern sea otter'
means any member of the subspecies Enhydra lutris nereis.
``(4) Take.--The term `take'--
``(A) when used in reference to activities subject
to regulation by the Endangered Species Act of 1973 (16
U.S.C. 1531-1544) shall have the meaning given such
term in that statute; and
``(B) when used in reference to activities subject
to regulation by the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361-1423h), shall have the meaning
given such term in that statute.
``(5) Military readiness activity.--The term `military
readiness activity' has the meaning given that term in section
315(f) of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2509; 16 U.S.C.
703 note), and includes all training and operations of the
Armed Forces that relate to combat, and the adequate and
realistic testing of military equipment, vehicles, weapons, and
sensors for proper operation and suitability for combat use.''.
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2283. Establishment of the Southern Sea Otter Military Readiness
Areas.''. | Military Readiness and Southern Sea Otter Conservation Act - Directs the Secretary of Defense (DOD) to establish Southern Sea Otter Military Readiness Areas for national defense purposes (thereby conserving the southern sea otter [otter] in such Areas while allowing reasonable military readiness activities). Allows certain incidental otter takings in such Areas in the course of a military readiness activity, while authorizing the Secretary of the Interior to revise or terminate such authorized takings upon determining that the military activities are substantially impeding otter conservation or the return of such otters to optimum sustainable levels.
Directs: (1) the Secretary of the Navy to monitor the Areas, at least annually, to evaluate otter status; and (2) the Secretaries of the Navy and the Interior to report jointly every three years to Congress and the public on such monitoring.
Requires the Secretary of the Interior, upon ending a specified otter relocation and management plan and in planning and implementing recovery and conservation measures to allow for the expansion of otter range, to coordinate and cooperate with: (1) the Secretary of the Navy, (2) the Secretary of Commerce regarding recovery efforts for endangered species, and (3) the state of California in continuing viable commercial harvest of state fisheries. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Economic Espionage
Accountability Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The United States faces persistent cyber espionage of
intellectual property from foreign governments that threatens
United States economic and national security interests, results
in an unfair competitive advantage for foreign companies, and
is a major contributor to the loss of manufacturing jobs in the
United States.
(2) Cyber espionage of intellectual property by foreign
actors is one of the most pressing issues facing innovators and
entrepreneurs in the United States today.
(3) The National Counterintelligence Executive stated in
its October 2011 biennial economic espionage report that
``Chinese actors are the world's most active and persistent
perpetrators of economic espionage'' and that ``United States
private sector firms and cybersecurity specialists have
reported an onslaught of computer network intrusions that have
originated in China''.
(4) The National Counterintelligence Executive also stated
that ``Russia's intelligence services are conducting a range of
activities to collect economic information and technology from
U.S. targets''.
(5) The People's Republic of China, the Russian Federation,
and other countries threaten the privacy of United States
citizens by accessing and exploiting personally identifiable
information through cyber economic espionage.
(6) The People's Republic of China, the Russian Federation,
and other countries responsible for such cyber economic
espionage are members of the World Trade Organization (WTO) and
have agreed to comply with the global system of rules and
obligations governing the international commerce and trade
among member states.
(7) The United States has recognized the membership of the
People's Republic of China, the Russian Federation, and other
countries into the WTO by granting them Permanent Normal Trade
Relations (PNTR) status under United States law.
(8) Cyber economic espionage undermines the cooperative
relationships between the United States and countries
tolerating or encouraging such activities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) cyber economic espionage should be a priority issue in
all economic and diplomatic discussions with the People's
Republic of China, including during all meetings of the U.S.-
China Strategic and Economic Dialogue, and with the Russian
Federation and other countries determined to encourage,
tolerate, or conduct such cyber economic espionage at
appropriate bilateral meetings;
(2) the United States should intensify diplomatic efforts
in appropriate international fora such as the United Nations,
the Organisation for Economic Cooperation and Development
(OECD), and summits such as the G-8 and G-20 summits, to
address the harm to the international economic order by cyber
economic espionage; and
(3) the Department of Justice should increase its efforts
to bring economic espionage criminal cases against offending
foreign actors, with penalties to include both fines and
imprisonment, as well as encourage further cooperation among
countries to address cyber economic espionage through criminal
prosecutions.
SEC. 3. IDENTIFICATION OF PERSONS RESPONSIBLE FOR CYBER ESPIONAGE OF
INTELLECTUAL PROPERTY OF UNITED STATES PERSONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a list of persons who are officials of a
foreign government or persons acting on behalf of a foreign government
that the President determines, based on credible information--
(1) are responsible for cyber espionage of intellectual
property of United States persons; or
(2) acted as an agent of or on behalf of a person in a
matter relating to an activity described in paragraph (1).
(b) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required by subsection
(a) as new information becomes available.
(c) Form.--
(1) In general.--The list required by subsection (a) shall
be submitted in unclassified form.
(2) Exception.--The name of a person to be included in the
list required by subsection (a) may be submitted in a
classified annex only if the President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in such a manner consistent with
congressional intent and the purposes of this Act; and
(C) 15 days prior to submitting the name in a
classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including or continuing to include each person in
the classified annex despite any publicly available
credible information indicating that the person engaged
in an activity described in paragraph (1) or (2) of
subsection (a).
(3) Public availability.--The unclassified portion of the
list required by subsection (a) shall be made available to the
public and published in the Federal Register.
(d) Removal From List.--A person may be removed from the list
required by subsection (a) if the President determines and reports to
the appropriate congressional committees not less than 15 days prior to
the removal of the person from the list that credible information
exists that the person did not engage in the activity for which the
person was added to the list.
(e) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one
of the appropriate congressional committees with respect to
whether a person meets the criteria for being added to the list
required by subsection (a), the President shall submit a
response to the chairperson and ranking member of the committee
which made the request with respect to the status of the
person.
(2) Form.--The President may submit a response required by
paragraph (1) in classified form if the President determines
that it is necessary for the national security interests of the
United States to do so.
(3) Removal.--If the President removes from the list
required by subsection (a) a person who has been placed on the
list at the request of the chairperson and ranking member of
one of the appropriate congressional committees, the President
shall provide the chairperson and ranking member with any
information that contributed to the removal decision. The
President may submit such information in classified form if the
President determines that such is necessary for the national
security interests of the United States.
(f) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the list required by
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility for Visas.--An alien is ineligible to receive a
visa to enter the United States and ineligible to be admitted to the
United States if the alien is on the list required by section 3(a).
(b) Current Visas Revoked.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall revoke, in accordance
with section 221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i)), the visa or other documentation of any alien who would be
ineligible to receive such a visa or documentation under subsection (a)
of this section.
(c) Waiver for National Security Interests.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or (b) in the case of an alien
if--
(A) the Secretary determines that such a waiver--
(i) is necessary to permit the United
States to comply with the Agreement between the
United Nations and the United States of America
regarding the Headquarters of the United
Nations, signed June 26, 1947, and entered into
force November 21, 1947, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States; and
(B) prior to granting such a waiver, the Secretary
provides to the appropriate congressional committees
notice of, and a justification for, the waiver.
(2) Timing for certain waivers.--Notification under
subparagraph (B) of paragraph (1) shall be made not later than
15 days prior to granting a waiver under such paragraph if the
Secretary grants such waiver in the national security interests
of the United States in accordance with subparagraph (A)(ii) of
such paragraph.
(d) Regulatory Authority.--The Secretary of State shall prescribe
such regulations as are necessary to carry out this section.
SEC. 5. FINANCIAL MEASURES.
(a) Freezing of Assets.--
(1) In general.--The President shall exercise all powers
granted by the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (except that the requirements of section
202 of such Act (50 U.S.C. 1701) shall not apply) to the extent
necessary to freeze and prohibit all transactions in all
property and interests in property of a person who is on the
list required by section 3(a) of this Act if such property and
interests in property are in the United States, come within the
United States, or are or come within the possession or control
of a United States person.
(2) Exception.--Paragraph (1) shall not apply to persons
included on the classified annex under section 3(c)(2) if the
President determines that such an exception is vital for the
national security interests of the United States.
(b) Waiver for National Security Interests.--The Secretary of the
Treasury may waive the application of subsection (a) if the Secretary
determines that such a waiver is in the national security interests of
the United States. Not less than 15 days prior to granting such a
waiver, the Secretary shall provide to the appropriate congressional
committees notice of, and a justification for, the waiver.
(c) Enforcement.--
(1) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of such section.
(2) Requirements for financial institutions.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of the Treasury shall prescribe or amend regulations
as needed to require each financial institution that is a
United States person and has within its possession or control
assets that are property or interests in property of a person
who is on the list required by section 3(a) if such property
and interests in property are in the United States to certify
to the Secretary that, to the best of the knowledge of the
financial institution, the financial institution has frozen all
assets within the possession or control of the financial
institution that are required to be frozen pursuant to
subsection (a).
(d) Specially Designated Nationals List.--The Secretary of the
Treasury shall include on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign Assets Control
of the Department of the Treasury each person who is on the list
required by section 3(a) of this Act.
(e) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, and orders as are necessary to carry
out this section.
SEC. 6. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the Secretary of State and the Secretary of
the Treasury shall submit to the appropriate congressional committees a
report on--
(1) the actions taken to carry out this Act, including--
(A) the number of persons added to or removed from
the list required by section 3(a) during the year
preceding the report, the dates on which such persons
have been added or removed, and the reasons for adding
or removing them; and
(B) if few or no such persons have been added to
that list during that year, the reasons for not adding
more such persons to the list; and
(2) efforts by the executive branch to encourage the
governments of other countries to impose sanctions that are
similar to the sanctions imposed under this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of
the Senate.
(3) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity. | Cyber Economic Espionage Accountability Act - Expresses the sense of Congress that: cyber economic espionage should be a priority issue in all economic and diplomatic discussions with the People's Republic of China, including during all meetings of the U.S.-China Strategic and Economic Dialogue, and with the Russian Federation and other countries determined to encourage, tolerate, or conduct such cyber economic espionage at appropriate bilateral meetings; the United States should intensify diplomatic efforts in appropriate international fora such as the United Nations (U.N.), the Organisation for Economic Cooperation and Development (OECD), and summits including the G-8 and G-20 summits, to address the harm to the international economic order by cyber economic espionage; and the Department of Justice (DOJ) should increase its efforts to bring economic espionage criminal cases against offending foreign actors, with penalties to include both fines and imprisonment, as well as encourage further cooperation among countries to address cyber economic espionage through criminal prosecutions. Directs the President to submit to Congress, publish, and update a list of foreign government officials or persons acting on behalf of a foreign government that the President determines, based on credible information, are responsible for cyber espionage of intellectual property of U.S. persons or have acted as an agent of, or on behalf of, a person in a matter relating to such cyber espionage activity. Defines a "U.S. person" as: (1) a U.S. citizen or an alien lawfully admitted for permanent residence to the United States; or (2) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. Requires the list to be publicly available in unclassified form, but permits persons to be listed in a classified annex if the President determines it is vital for U.S. national security interests. Makes aliens appearing on the list ineligible to: (1) receive a visa to enter the United States, and (2) be admitted to the United States. Requires the Secretary of State to revoke the visa or other documentation of any alien who would be ineligible under such standard. Authorizes the Secretary to waive such ineligibility to comply with international obligations or for national security purposes. Directs the President to exercise powers granted by the International Emergency Economic Powers Act (except with respect to the national emergency declaration requirements for unusual and extraordinary threats) to freeze and prohibit all transactions in all property and property interests of a listed person if such property and interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. Exempts persons included on the classified annex if the President determines that such an exception is vital for U.S. national security interests. Permits waivers by the Secretary of the Treasury for U.S. national security interests. Sets forth penalties under the International Emergency Economic Powers Act. Directs the Treasury Secretary to prescribe regulations requiring financial institutions to certify that, to the best of their knowledge, they have frozen all listed persons' assets within their possession or control (if such property and interests are in the United States) that are required to be frozen. Requires persons listed by the President under this Act to be included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Academic Freedom through
Regulatory Relief Act''.
SEC. 2. REGULATORY RELIEF.
(a) Regulations Repealed.--
(1) Repeal.--The following regulations (including any
supplement or revision to such regulations) are repealed and
shall have no legal effect:
(A) State authorization.--Sections 600.4(a)(3),
600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b) of title
34, Code of Federal Regulations (relating to State
authorization), as added or amended by the final
regulations published by the Department of Education in
the Federal Register on October 29, 2010 (75 Fed. Reg.
66832 et seq.).
(B) Definition of credit hour.--The definition of
the term ``credit hour'' in section 600.2 of title 34,
Code of Federal Regulations, as added by the final
regulations published by the Department of Education in
the Federal Register on October 29, 2010 (75 Fed. Reg.
66946), and clauses (i)(A), (ii), and (iii) of
subsection (k)(2) of section 668.8 of such title, as
amended by such final regulations (75 Fed. Reg. 66949
et seq.).
(C) Gainful employment.--Sections 600.10(c),
600.20(d), 668.6, and 668.7, of title 34, Code of
Federal Regulations as added or amended by the final
regulations published by the Department of Education in
the Federal Register on October 29, 2010 (75 Fed. Reg.
66832 et seq. and 75 Fed. Reg. 66665 et seq.) and June
13, 2011 (76 Fed. Reg. 34386 et seq.).
(2) Effect of repeal.--To the extent that regulations
repealed by paragraph (1) amended regulations that were in
effect on June 30, 2011, the provisions of the regulations that
were in effect on June 30, 2011, and were so amended are
restored and revived as if the regulations repealed by
paragraph (1) had not taken effect.
(b) Certain Regulations Prohibited.--
(1) State authorization and gainful employment.--
(A) In general.--The Secretary of Education shall
not, during the period described in subparagraph (B),
promulgate or enforce any regulation or rule not in
effect on the date of enactment of this Act for any
purpose under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) with respect to--
(i) the State authorization for
institutions of higher education to operate
within a State; or
(ii) the definition or application of the
term ``gainful employment''.
(B) Period of prohibition.--The period during which
the Secretary is prohibited from promulgating or
enforcing a regulation described in subparagraph (A)
shall be the period beginning on the date of enactment
of this Act and ending on the date of enactment of a
law that extends by not less than 2 fiscal years the
authorization or duration of one or more programs under
the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
(2) Credit hour.--The Secretary of Education shall not, on
or after the date of enactment of this Act, promulgate or
enforce any regulation or rule with respect to the definition
of the term ``credit hour'' for any purpose under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 3. THIRD-PARTY SERVICE PROVIDERS.
Section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(20)) is amended by adding at the end the following:
``Notwithstanding the preceding sentence, an institution described in
section 101 may provide payment, based on the amount of tuition
generated by the institution from student enrollment, to a third-party
entity that provides a set of services to the institution that includes
student recruitment services, regardless of whether the third-party
entity is affiliated with an institution that provides educational
services other than the institution providing such payment, if--
``(A) the third-party entity is not affiliated with
the institution providing such payment;
``(B) the third-party entity does not make
compensation payments to its employees that are
prohibited under this paragraph;
``(C) the set of services provided to the
institution by the third-party entity include services
in addition to student recruitment services, and the
institution does not pay the third-party entity solely
or separately for student recruitment services provided
by the third-party entity; and
``(D) any student recruitment information available
to the third-party entity, including personally
identifiable information, will not be used by, shared
with, or sold to any other person or entity, including
any institution that is affiliated with the third-party
entity.''. | Supporting Academic Freedom through Regulatory Relief Act - (Sec. 2) Repeals certain Department of Education regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define "credit hour." Restores regulations that were in effect on June 30, 2011, but were amended by the regulations that this Act repeals. Prohibits the Secretary of Education from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, or (2) the definition or application of the term "gainful employment." Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits the Secretary from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA. (Sec. 3) Amends title IV (Student Assistance) of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity. | billsum_train |
Condense the following text into a summary: SECTION 1. ALLOCATION TO SOURCES WITHIN THE UNITED STATES OF INTEREST
EXPENSE ON INDEBTEDNESS FINANCING RATE-REGULATED ELECTRIC
ENERGY OR NATURAL GAS INFRASTRUCTURE INVESTMENTS.
(a) In General.--Subsection (e) of section 864 of the Internal
Revenue Code of 1986 (relating to rules for allocating interest, etc.)
is amended by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively, and by inserting after paragraph (5) the
following new paragraph:
``(6) Treatment of certain interest expense relating to
qualified infrastructure indebtedness.--
``(A) In general.--Interest on any qualified
infrastructure indebtedness shall be allocated and
apportioned solely to sources within the United States,
and such indebtedness shall not be taken into account
in allocating and apportioning other interest expense.
``(B) Qualified infrastructure indebtedness.--For
purposes of this paragraph, the term `qualified
infrastructure indebtedness' means any indebtedness
incurred--
``(i) to carry on the trade or business of
the furnishing or sale of electric energy or
natural gas in the United States, or
``(ii) to acquire, construct, or otherwise
finance property used predominantly in such
trade or business.
``(C) Rate regulation.--
``(i) In general.--If only a portion of the
furnishing or sale referred to in subparagraph
(B)(i) in a trade or business is rate
regulated, the term `qualified infrastructure
indebtedness' shall not include nonqualified
indebtedness.
``(ii) Nonqualified indebtedness.--For
purposes of clause (i), the term `nonqualified
indebtedness' means so much of the indebtedness
which would (but for clause (i)) be qualified
infrastructure indebtedness as exceeds the
amount which bears the same ratio to the
aggregate indebtedness of the taxpayer as the
value of the assets used in the furnishing or
sale referred to in subparagraph (B)(i) which
is rate-regulated bears to the value of the
total assets of the taxpayer.
``(iii) Rate-regulated defined.--For
purposes of this subparagraph, furnishing or
sale is rate-regulated if the rates for the
furnishing or sale, as the case may be, have
been established or approved by a State or
political subdivision thereof, by an agency or
instrumentality of the United States, or by a
public service or public utility commission or
other similar body of the District of Columbia
or of any State or political subdivision
thereof.
``(iv) Asset values.--For purposes of
clause (ii), assets shall be treated as having
a value equal to their adjusted bases (within
the meaning of section 1016) unless the
taxpayer elects to use fair market value for
all assets. Such an election, once made, shall
be irrevocable.
``(v) Time for making determination.--The
determination of whether indebtedness is
qualified infrastructure indebtedness or
nonqualified indebtedness shall be made at the
time the indebtedness is incurred.
``(vi) Separate application to electric
energy and natural gas.--This subparagraph
shall be applied separately to electric energy
and natural gas.''
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to indebtedness incurred in taxable years beginning after
the date of enactment of this Act.
(2) Outstanding debt.--In the case of indebtedness
outstanding as of the date of enactment of this Act, the
determination of whether such indebtedness constitutes
qualified infrastructure indebtedness shall be made by applying
the rules of subparagraphs (B) and (C) of section 864(e)(6) of
the Internal Revenue Code of 1986, as added by this section, on
the date such indebtedness was incurred. | Amends Internal Revenue Code provisions relating to rules for allocating interest to provide, in general, that interest on any qualified infrastructure indebtedness shall be allocated and apportioned solely to sources within the United States, and such indebtedness shall not be taken into account in allocating and apportioning other interest expense. Defines the term "qualified infrastructure indebtedness" to mean any indebtedness incurred to carry on the trade or business of the furnishing or sale of electric energy or natural gas in the United States, or to acquire, construct, or otherwise finance property used predominantly in such trade or business. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Flow of Information Act of
2005''.
SEC. 2. CONDITIONS FOR COMPELLED DISCLOSURE.
(a) Conditions for Compelled Disclosure.--A Federal entity may not
compel a covered person to testify or produce any document in any
proceeding or in connection with any issue arising under Federal law
unless a court determines by clear and convincing evidence, after
providing notice and an opportunity to be heard to the covered person--
(1) that the party seeking to compel production of such
testimony or document has unsuccessfully attempted to obtain
such testimony or document from all persons from which such
testimony or document could reasonably be obtained other than a
covered person;
(2) that--
(A) in a criminal investigation or prosecution,
based on information obtained from a person other than
a covered person--
(i) there are reasonable grounds to believe
that a crime has occurred; and
(ii) the testimony or document sought is
essential to the investigation, prosecution, or
defense; or
(B) in a matter other than a criminal investigation
or prosecution, based on information obtained from a
person other than a covered person, the testimony or
document sought is essential to a dispositive issue of
substantial importance to that matter; and
(3) in any matter in which the testimony or document sought
could reveal the identity of a source of information or include
any information that could reasonably be expected to lead to
the discovery of the identity of such a source, that--
(A) disclosure of the identity of such a source is
necessary to prevent imminent and actual harm to
national security;
(B) compelled disclosure of the identity of such a
source would prevent such harm; and
(C) the harm sought to be redressed by requiring
disclosure clearly outweighs the public interest in
protecting the free flow of information.
(b) Limitations on Content of Information.--The content of any
testimony or document that is compelled under subsection (a) shall, to
the extent possible--
(1) be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered.
SEC. 3. COMPELLED DISCLOSURE PERMITTED.
Notwithstanding any provision of section 2, in any proceeding or in
connection with any issue arising under Federal law, a Federal entity
may compel a covered person to produce any testimony or document that
consists only of commercial or financial information that is not
related to news gathering or the dissemination of news and information
by the covered person.
SEC. 4. COMPELLED DISCLOSURE FROM THIRD PARTIES.
(a) Conditions for Compelled Disclosure.--Section 2 shall apply to
any testimony or document that a third party or a Federal entity seeks
from a communications service provider if such testimony or document
consists of any record, information, or other communication that
relates to a business transaction between a communications service
provider and a covered person.
(b) Notice and Opportunity Provided to Covered Persons.--A court
may compel the testimony or disclosure of a document under this section
only after the party seeking such a document provides the covered
person who is a party to the business transaction described in
subsection (a)--
(1) notice of the subpoena or other compulsory request for
such testimony or disclosure from the communications service
provider not later than the time at which such subpoena or
request is issued to the communications service provider; and
(2) an opportunity to be heard before the court before the
time at which the testimony or disclosure is compelled.
(c) Exception to Notice Requirement.--Notice under subsection
(b)(1) may be delayed only if the court determines by clear and
convincing evidence that such notice would pose a substantial threat to
the integrity of a criminal investigation.
SEC. 5. DEFINITIONS.
In this Act:
(1) Communications service provider.--The term
``communications service provider''--
(A) means any person that transmits information of
the customer's choosing by electronic means; and
(B) includes a telecommunications carrier, an
information service provider, an interactive computer
service provider, and an information content provider
(as such terms are defined in the sections 3 and 230 of
the Communications Act of 1934 (47 U.S.C. 153, 230)).
(2) Covered person.--The term ``covered person'' means--
(A) an entity that disseminates information by
print, broadcast, cable, satellite, mechanical,
photographic, electronic, or other means and that--
(i) publishes a newspaper, book, magazine,
or other periodical in print or electronic
form;
(ii) operates a radio or television
broadcast station (or network of such
stations), cable system, or satellite carrier,
or a channel or programming service for any
such station, network, system, or carrier; or
(iii) operates a news agency or wire
service;
(B) a parent, subsidiary, or affiliate of such an
entity to the extent that such parent, subsidiary, or
affiliate is engaged in news gathering or the
dissemination of news and information; or
(C) an employee, contractor, or other person who
gathers, edits, photographs, records, prepares, or
disseminates news or information for such an entity.
(3) Document.--The term ``document'' means writings,
recordings, and photographs, as those terms are defined by
Federal Rule of Evidence 1001 (28 U.S.C. App.).
(4) Federal entity.--The term ``Federal entity'' means an
entity or employee of the judicial or executive branch or an
administrative agency of the Federal Government with the power
to issue a subpoena or provide other compulsory process.
(5) Third party.--The term ``third party'' means a person
other than a covered person. | Free Flow of Information Act of 2005 - Prohibits a federal entity from compelling a "covered person" (i.e., a newspaper, television broadcast station, wire service, or other media outlet, and specified employees and contractors) to testify or produce any document unless a court determines that: (1) the party seeking to compel has unsuccessfully attempted to obtain such testimony or document from all other non-covered persons; (2) in a criminal matter, there are reasonable grounds to believe a crime has occurred and the testimony or document sought is essential to the investigation, prosecution, or defense of the crime; (3) in a non-criminal matter, the testimony or document is essential to a dispositive issue of substantial importance; and (4) in any matter in which testimony or a document could reveal the source's identity, disclosure is necessary to prevent imminent and actual harm to national security and such harm outweighs the public interest in protecting the free flow of information.
Requires the content of compelled testimony or documents to be limited and narrowly tailored. Exempts certain commercial or financial information.
Makes this Act applicable to testimony or documents that a third party or federal entity seeks from a communications service provider relating to business transactions with a covered person. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation. | billsum_train |
Change the following text into a summary: SECTION 1. FINDINGS.
Congress finds that--
(1) employees working on Cold War-era nuclear weapons were
employed in hundreds of facilities owned by the Federal
Government and private sector producing and processing
radioactive materials for use in the nuclear weapons program of
the United States beginning in the mid-1940's;
(2) those atomic workers helped to build the nuclear
arsenal that served as a deterrent to the Soviet Union during
the Cold War, but many paid a high price in terms of their
health;
(3) during the Cold War, many atomic workers were exposed
to radiation and placed in harm's way by the Department of
Energy and contractors, subcontractors, and vendors of the
Department--
(A) without the knowledge and consent of the
workers;
(B) without adequate radiation monitoring; and
(C) without necessary protections from internal or
external occupational radiation exposures;
(4) due to the inequities posed by the factors described in
paragraph (3) and the resulting potential harm, Congress
legislatively designated classes of Cold War-era workers at the
Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25, and the
Amchitka Island test sites as members of the Special Exposure
Cohort under the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.);
(5)(A) the contribution of the State of New York to the
security of the United States throughout the Cold War was very
significant; and
(B) New York is home to 36 former atomic weapons employer
facilities and sites of the Department of Energy that produced
and processed radioactive materials, carried out classified
research, operated nuclear reactors, and processed high level
nuclear waste, 14 of which are located in the western region of
New York;
(6) research by the Department of Energy, the National
Institute for Occupational Safety and Health, the Advisory
Board on Radiation and Worker Health, and congressional
committees indicates that--
(A) workers at certain facilities were not
adequately monitored for internal or external exposures
to ionizing radiation to which the workers were exposed
during the 1940's to 1960's; and
(B) at other facilities, records were not
maintained, are not reliable, or fail to measure the
radioactive isotopes to which workers were exposed;
(7) at Bethlehem Steel in Lackawanna, New York, an atomic
weapons employer facility (as defined in section 3621 of the
Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7384l)), no personal radiation dosimetry
monitoring records are available;
(8) if it is determined that it is not feasible to estimate
radiation dose with sufficient accuracy and there is a
reasonable likelihood that a class of workers may have been
endangered, the Secretary of Health and Human Services is
authorized, after receiving advice from the Advisory Board on
Radiation and Worker Health, to designate additional classes of
workers as members of the Special Exposure Cohort under section
3626 of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384q);
(9) the Secretary of Health and Human Services promulgated
regulations on May 28, 2004, to establish procedures for
classes of individuals to petition for membership in the
Special Exposure Cohort;
(10) section 3626(b) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7384q(b))
provides for the designation of an additional class of
employees in the Special Exposure Cohort if it is not feasible
to estimate with sufficient accuracy the radiation dose that
the class received and there is a reasonable likelihood that
the radiation dose may have endangered the health of members of
the class; and
(11) legislation is needed to provide additional parameters
to the Secretary of Health and Human Services and the Advisory
Board on Radiation and Worker Health for evaluating petitions
for the Special Exposure Cohort in cases in which there is
limited or nonexistent individual radiation exposure monitoring
or an absence of records.
SEC. 2. ADDITION OF CLASSES OF FORMER NUCLEAR WEAPONS PROGRAM WORKERS
IN THE SPECIAL EXPOSURE COHORT UNDER ENERGY EMPLOYEES
OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
Section 3626(b) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384q(b)) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating paragraph (2) as subparagraph (B);
(3) by striking the period at the end and inserting ``;
or''; and
(4) by adding at the end the following:
``(2)(A) subject to subparagraph (B), in the case of a
class of employees employed at an atomic weapons employer
facility or a Department of Energy facility during a period (in
the aggregate) of at least 250 days (or a shorter duration
connected to discrete events, as determined by the Secretary)
during which--
``(i) the employees in the class had the potential
for exposure to occupational ionizing radiation from
production or processing materials related to atomic
weapons, or engaged in research, development, testing,
assembly, disassembly, decontamination,
decommissioning, or waste management, or work related
to such activities; and
``(ii)(I) fewer than 50 percent of the employees in
the class were individually monitored on a regular
basis (using reliable methods and procedures) under a
formal health physics program for exposure to internal
and external ionizing radiation for the types of
radiation and specific radioactive isotopes to which
the employees had the potential for exposure during the
period when the employees were exposed;
``(II) individual internal and external exposure
records for the types of radiation and specific
radioactive isotopes to which the employees in the
class were potentially exposed at the facility during
the period when the employees were exposed are
nonexistent or are not available; or
``(III) to the extent that a portion of individual
internal or external records are available for the
period from the facility, individual radiation doses
cannot be reliably determined for greater than \2/3\ of
the employees in the class using the individual
internal and external monitoring records from the
facility; and
``(B) in the case of a class of employees employed at a
facility for which the National Institute for Occupational
Safety and Health has updated the report and made the
determination described in section 3169(b)(4) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 42 U.S.C. 7384 note) during a period
determined under the report, during which (as determined by the
Secretary) the employees at the facility met the criteria
described in clauses (i) and (ii) of subparagraph (A).''.
SEC. 3. REGULATIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall modify
the regulations and procedures of the Secretary relating to the Special
Exposure Cohort under the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) to conform
the regulations and procedures to section 3626(b)(2) of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (as
amended by section 2).
(b) Bethlehem Steel Site.--
(1) Initiation of petition.--Not later than 90 days after
the date of enactment of this Act, the Secretary of Health and
Human Services shall initiate a petition to include workers
employed at the Bethlehem Steel site in Lackawanna, New York as
a class to be included in the Special Exposure Cohort in
accordance with section 3626(b)(2) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as
amended by section 2).
(2) Evaluation.--The evaluation of the petition shall be
conducted in accordance with section 3626 of the Energy
Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384q).
(c) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
Congress a report that identifies the facilities, classes, and the
number of claimants in each class who meet the criteria established
under section 3626(b)(2) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (as amended by section 2) for
membership in the Special Exposure Cohort. | Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program.
Directs the Secretary of Health and Human Services to: (1) modify regulations and procedures to conform to amendments under this Act; and (2) initiate a petition to include workers employed at the Bethlehem Steel site in Lackawanna, New York, as a class to be included in the Special Exposure Cohort. | billsum_train |
Make a brief summary of the following text: SECTION 1. EXPANDING SUPPLEMENTAL BENEFITS TO MEET THE NEEDS OF
CHRONICALLY ILL MEDICARE ADVANTAGE ENROLLEES.
(a) In General.--Section 1852(a)(3) of the Social Security Act (42
U.S.C. 1395w-22(a)(3)) is amended--
(1) in subparagraph (A), by striking ``Each'' and inserting
``Subject to subparagraph (D), each''; and
(2) by adding at the end the following new subparagraph:
``(D) Expanding supplemental benefits to meet the
needs of chronically ill enrollees.--
``(i) In general.--For plan year 2020 and
subsequent plan years, in addition to any
supplemental health care benefits otherwise
provided under this paragraph, an MA plan may
provide supplemental benefits described in
clause (ii) to a chronically ill enrollee (as
defined in clause (iii)).
``(ii) Supplemental benefits described.--
``(I) In general.--Supplemental
benefits described in this clause are
supplemental benefits that, with
respect to a chronically ill enrollee,
have a reasonable expectation of
improving or maintaining the health or
overall function of the chronically ill
enrollee and may not be limited to
being primarily health related
benefits.
``(II) Authority to waive
uniformity requirements.--The Secretary
may, only with respect to supplemental
benefits provided to a chronically ill
enrollee under this subparagraph, waive
the uniformity requirement under
subsection (d)(1)(A), as determined
appropriate by the Secretary.
``(iii) Chronically ill enrollee defined.--
In this subparagraph, the term `chronically ill
enrollee' means an enrollee in an MA plan that
the Secretary determines--
``(I) has one or more comorbid and
medically complex chronic conditions
that is life threatening or
significantly limits the overall health
or function of the enrollee;
``(II) has a high risk of
hospitalization or other adverse health
outcomes; or
``(III) requires intensive care
coordination.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller General'')
shall conduct a study on supplemental benefits provided to
enrollees in Medicare Advantage plans under part C of title
XVIII of the Social Security Act. Such study shall include an
analysis of the following:
(A) The type of supplemental benefits provided to
such enrollees, the total number of enrollees receiving
each supplemental benefit, and whether the supplemental
benefit is covered by the standard benchmark cost of
the benefit or with an additional premium.
(B) The frequency in which supplemental benefits
are utilized by such enrollees.
(C) The impact supplemental benefits have on--
(i) indicators of the quality of care
received by such enrollees, including overall
health and function of the enrollees;
(ii) the utilization of items and services
for which benefits are available under the
original Medicare fee-for-service program
option under parts A and B of such title XVIII
by such enrollees; and
(iii) the amount of the bids submitted by
Medicare Advantage Organizations for Medicare
Advantage plans under such part C.
(2) Report.--Not later than 5 years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study conducted
under paragraph (1), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate. | This bill allows a Medicare Advantage (MA) plan to provide certain supplemental benefits to chronically ill enrollees beginning in plan year 2020. The Government Accountability Office must report to Congress on the provision of such supplemental benefits to MA enrollees. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Ireland Peace Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since the British Army and the Royal Ulster
Constabulary in Northern Ireland have begun to use plastic
bullets as weapons, thousands have been injured and 17
individuals have been killed by such bullets, including seven
children.
(2) Since the Royal Ulster Constabulary began to use
plastic bullets in 1973, more than 54,000 rounds have been
fired, and plastic bullets have completely replaced rubber
bullets.
(3)(A) Plastic bullets are often used in a sectarian
manner.
(B) During the standoff at Drumcree from July 7, 1996, to
July 14, 1996, the security forces of the United Kingdom in
Northern Ireland fired a total of 5,942 rounds of plastic
bullets, of which 5,500 were targeted at Catholic Nationalists.
(4) Before the Drumcree standoff, six civil liberties/human
rights groups, including the Committee on the Administration of
Justice in Northern Ireland, the British Irish Rights Watch,
and Liberty, asked the chief constable in Northern Ireland to
``immediately and permanently withdraw plastic bullets from
use''.
(5)(A) The use of plastic bullets is counterproductive
whether such use is against the residents of the Lower Ormeau
Road and the Bogside or against the Orange Order marchers in
Portadown or on the Upper Ormeau Road.
(B) The use of plastic bullets has contributed to thousands
of maimings, difigurations, loss of eyesight of individuals,
and overwhelmingly caused other widespread violence and
intimidation.
(6) The United Campaign Against Plastic Bullets claim that
the use of plastic bullets has caused further alienation of
nationalists and increased distrust of the security forces of
the United Kingdom while contributing to the destabilization of
Northern Ireland.
(7) The efforts of the Government of the United Kingdom to
acquire dangerous weapons and related materials and the means
to deliver such weapons and materials endanger the lives of
Catholics in Northern Ireland.
(8) The Committee on the Administration of Justice in
Northern Ireland reported that the use of plastic bullets
during riots only exacerbates the situation in Northern Ireland
and increases rioting rather than quelling it.
(9) The European Parliament has passed four separate
motions calling for the ban of plastic bullets because such
bullets are used as intimidating weapons.
(10) The Government of the United Kingdom has banned the
use of plastic bullets during riots in Great Britain on the
grounds that such bullets are dangerous and lethal.
SEC. 3. DECLARATION OF POLICY.
The Congress declares that it is the policy of the United States to
deny to the United Kingdom the ability to support acts of violence and
destruction and to fund the development and acquisition of plastic
bullets and the means to deliver such bullets by limiting the ability
to import, manufacture, and transport plastics to the United Kingdom
for the specific use in Northern Ireland against predominately Catholic
enclaves.
SEC. 4. PROHIBITION ON SALE OR EXPORT OF PLASTIC BULLETS TO THE UNITED
KINGDOM.
(a) In General.--Effective on the date of the enactment of this
Act, plastic bullets may not be sold or otherwise exported to the
Government of the United Kingdom or to any other entity in the United
Kingdom, including the Royal Ulster Constabulary.
(b) Additional Authority.--The President may exercise the authority
provided to the President under the Arms Export Control Act for the
purpose of carrying out subsection (a), including the authority
relating to violations and enforcement under section 38(e) of such Act
(22 U.S.C. 2778(e)).
SEC. 5. BILATERAL AND MULTILATERAL INITIATIVES TO LIMIT THE SALE OR
EXPORT OF PLASTIC BULLETS TO THE UNITED KINGDOM.
(a) In General.--In order to further the objectives described in
section 3, the President shall establish and carry out appropriate
diplomatic initiatives, both bilaterally with allies of the United
States and multilaterally in appropriate international fora (including
the United Nations), to limit the sale or export of plastic bullets to
the Government of the United Kingdom or any other entity in the United
Kingdom, including the Royal Ulster Constabulary.
(b) Reports.--Not later than 6 months after the date of the
enactment of this Act, and periodically thereafter, the President shall
prepare and transmit to the Congress a report containing a description
of the extent to which the bilateral and multilateral efforts described
in subsection (a) have been successful, including the names of the
countries that have agreed to limit the sale or export of plastic
bullets to the United Kingdom, including the Royal Ulster Constabulary.
SEC. 6. INCLUSION OF INCIDENTS INVOLVING USE OF PLASTIC BULLETS AS
WEAPONS IN NORTHERN IRELAND IN ANNUAL HUMAN RIGHTS
REPORT.
As part of the annual human rights report transmitted to the
Congress under section 502B of the Foreign Assistance Act of 1961 (22
U.S.C. 2304), the Secretary of State shall include a description of
each incident involving the use of plastic bullets as weapons in
Northern Ireland during the preceding year.
SEC. 7. DEFINITION.
As used in this Act, the term ``plastic bullet'' means a projectile
made of rock-hard polyvinyl chloride that--
(1) is approximately 4 inches long and 1.5 inches in
diameter;
(2) weighs approximately 4.75 ounces; and
(3) is usually off-white in color. | Directs the President, in order to deny the United Kingdom and the Royal Ulster Constabulary the ability to support acts of violence and destruction against Catholic enclaves in Northern Ireland, to establish diplomatic initiatives, both bilaterally with U.S. allies and multilaterally in appropriate international fora (including the United Nations) to limit the sale or export of plastic bullets to the United Kingdom and the Royal Ulster Constabulary. Directs the President to report periodically to Congress on such bilateral and multilateral efforts.
Directs the Secretary of State, as part of the annual human rights report to Congress under the Foreign Assistance Act of 1961, to include a description of each incident involving the use of plastic bullets as weapons in Northern Ireland. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Elderly Missing Alert
Program Act of 2013''.
SEC. 2. PROGRAM TO ASSIST FEDERAL, STATE, TRIBAL, AND LOCAL LAW
ENFORCEMENT AGENCIES IN THE RAPID RECOVERY OF MISSING
CHILDREN, THE ELDERLY, AND DISABLED INDIVIDUALS.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b)--
(A) in paragraph (16), by striking ``and'' after
the semicolon;
(B) in paragraph (17), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(18) to permit eligible nonprofit organizations to assist
Federal, State, tribal, and local law enforcement agencies in
the rapid recovery of missing children, elderly individuals,
and disabled individuals through the use of a rapid telephone
and cellular alert call system, in accordance with subsection
(l).''; and
(2) by adding at the end the following new subsection:
``(l) Child and Elderly Missing Alerts.--
``(1) In general.--The Attorney General is authorized to
award grants to eligible nonprofit organizations to assist
Federal, State, tribal, and local law enforcement agencies in
the rapid recovery of missing children, elderly individuals,
and disabled individuals through the use of a rapid telephone
and cellular alert call system.
``(2) Specified use of funds.--The grants awarded under
this subsection shall be used to--
``(A) provide services to Federal, State, tribal,
and local law enforcement agencies, in response to a
request from such agencies, to promote the rapid
recovery of a missing child, an elderly individual, or
a disabled individual by utilizing rapid telephone and
cellular alert calls;
``(B) maintain and expand technologies and
techniques to ensure the highest level of performance
of such services;
``(C) provide both centralized and on-site training
and distribute information to Federal, State, tribal,
and local law enforcement agency officials about
missing children, elderly individuals, and disabled
individuals and use of a rapid telephone and cellular
alert call system;
``(D) provide services to Federal, State, tribal,
and local Child Abduction Response Teams;
``(E) assist Federal, State, tribal, and local law
enforcement agencies to combat human trafficking
through the use of rapid telephone and cellular alert
calls;
``(F) share appropriate information on cases with
the National Center for Missing and Exploited Children,
the AMBER Alert, Silver Alert, and Blue Alert programs,
and appropriate Federal, State, tribal, and local law
enforcement agencies; and
``(G) assist appropriate organizations, including
Federal, State, tribal, and local law enforcement
agencies, with education and prevention programs
related to missing children, elderly individuals, and
disabled individuals.
``(3) Eligibility.--To be an eligible nonprofit
organization for purposes of a grant under this subsection, a
nonprofit organization shall have experience providing rapid
telephone and cellular alert calls on behalf of Federal, State,
and local law enforcement agencies to find missing children and
elderly adults.
``(4) Grant period and renewal.--The Attorney General shall
determine an appropriate grant period for grants awarded under
this subsection. Such grants may be renewed at the discretion
of the Attorney General.
``(5) Evaluation.--The Attorney General shall require each
grantee under this subsection to annually submit the results of
the monitoring and evaluations required under subsections (a)
and (b) of section 1705, and shall publish an annual report
regarding such results and the effectiveness of the activities
carried out under each such grant.
``(6) Inapplicable provisions.--The following provisions of
this part shall not apply to grants awarded under this
subsection:
``(A) Subsection (j) of this section (relating to
grants to Indian tribes).
``(B) Section 1703 (relating to renewal of grants).
``(7) Definitions.--In this subsection:
``(A) Child.--The term `child' means an individual
under 21 years of age.
``(B) Disabled individual.--The term `disabled
individual' means--
``(i) an individual with 1 or more
disabilities (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102)); or
``(ii) an individual who has been diagnosed
by a physician or other qualified medical
professional with Alzheimer's disease or a
related dementia.
``(C) Elderly individual.--The term `elderly
individual' means an individual who is 60 years of age
or older.
``(D) Missing.--The term `missing', with respect to
a child, an elderly individual, or a disabled
individual, means such a child or individual who has
been reported to law enforcement as missing and whose
whereabouts are unknown to Federal, State, tribal, and
local law enforcement agencies.
``(E) Rapid telephone and cellular alert call
system.--The term `rapid telephone and cellular alert
call system' means an automated system with the ability
to place at least 1,000 telephone and cellular calls in
60 seconds to a specific geographic area determined by
law enforcement--
``(i) based on the last known whereabouts
of a missing individual; or
``(ii) based on other evidence and
determined by such law enforcement agency to be
necessary to the search for the missing
individual.''. | Child and Elderly Missing Alert Program of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to award public safety and community policing grants to eligible nonprofit organizations to assist federal, state, tribal, and local law enforcement agencies in the rapid recovery of missing children and elderly and disabled individuals through the use of a rapid telephone and cellular alert call system. Defines an "elderly individual" as an individual 60 years of age or older. Permits the use of grant funds to: (1) maintain and expand technologies and techniques to ensure the highest level of performance of services; (2) provide both centralized and on-site training, and to distribute information, to law enforcement agency officials about missing individuals and use of a rapid telephone and cellular alert call system; (3) provide services to Child Abduction Response Teams; (4) assist law enforcement agencies to combat human trafficking through the use of rapid telephone and cellular alert calls; (5) share appropriate information on cases with the National Center for Missing and Exploited Children, the AMBER Alert, Silver Alert, and Blue Alert programs, and law enforcement; and (6) assist appropriate organizations with education and prevention programs related to missing individuals. Directs the Attorney General to annually: (1) require each grantee to submit the results of monitoring and evaluations of grant recipients, and (2) publish a report regarding such results and the effectiveness of activities carried out under each grant. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cellulosic Ethanol Incentive Act of
2007''.
SEC. 2. RENEWABLE FUEL PROGRAM.
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is
amended--
(1) in paragraph (2)(B)--
(A) in clause (i)--
(i) in the clause heading, by striking
``2012'' and inserting ``2030''; and
(ii) in the table, by striking the item
relating to 2012 and inserting the following:
``2012....................... 10
2013......................... 11
2014......................... 12.10
2015......................... 13.31
2016......................... 14.64
2017......................... 16.11
2018......................... 17.72
2019......................... 19.49
2020......................... 20.46
2021......................... 21.48
2022......................... 22.56
2023......................... 23.69
2024......................... 24.87
2025......................... 26.11
2026......................... 27.42
2027......................... 28.79
2028......................... 30.23
2029......................... 31.74
2030......................... 33.33.'';
(B) in clause (ii)--
(i) in the clause heading, by striking
``2013'' and inserting ``2031'';
(ii) by striking ``2013'' and inserting
``2031''; and
(iii) by striking ``2012'' and inserting
``2030'';
(C) by striking clause (iii) and inserting the
following:
``(iii) Minimum quantity derived from
cellulosic biomass.--
``(I) Ratio.--For calendar year
2010 and each calendar year thereafter,
the 2.5-to-1 ratio referred to in
paragraph (4) shall apply only to the
quantity of cellulosic biomass ethanol
sold or introduced into commerce during
a calendar year that is in excess of
the minimum quantity of renewable fuel
derived from cellulosic biomass
required for that calendar year.
``(II) Minimum quantity.--For
calendar year 2010 and each calendar
year thereafter, the applicable volume
referred to in clause (i) shall contain
a minimum volume of renewable fuel
derived from cellulosic biomass, as
determined in accordance with the
following table:
Minimum volume derived from cellulosic biomass (in
``Calendar year: billions of gallons):
2010.......................................... 0.25
2011.......................................... 0.25
2012.......................................... 0.5
2013.......................................... 0.65
2014.......................................... 0.85
2015.......................................... 1.10
2016.......................................... 1.64
2017.......................................... 3.11
2018.......................................... 4.72
2019.......................................... 6.49
2020.......................................... 7.46
2021.......................................... 8.48
2022.......................................... 9.56
2023.......................................... 10.69
2024.......................................... 11.87
2025.......................................... 13.11
2026.......................................... 14.42
2027.......................................... 15.79
2028.......................................... 17.23
2029.......................................... 18.74
2030.......................................... 20.33.'';
(D) in clause (iv)--
(i) by striking ``2013'' and inserting
``2031''; and
(ii) in subclause (II)--
(I) in item (aa), by striking
``7,500,000,000'' and inserting
``33,330,000,000''; and
(II) in item (bb), by striking
``2012'' and inserting ``2030''; and
(E) by adding at the end the following:
``(v) Regional requirement.--
``(I) In general.--Except as
provided in subclause (II), not less
than 30 percent of the total volume of
renewable fuel required in a State
under this subsection shall be derived
from the region of the Environmental
Protection Agency in which the State is
located.
``(II) Exception.--The
Administrator may reduce or waive the
requirement in subclause (I) for a
region if the Administrator determines
that it would be impracticable for the
region to produce the required volume
of renewable fuel.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``2011'' and
inserting ``2029''; and
(B) in subparagraph (B), by striking ``2012'' and
inserting ``2029''. | Cellulosic Ethanol Incentive Act of 2007 - Amends the Clean Air Act to: (1) increase the volume of renewable fuel required to be in gasoline for 2012; (2) prescribe such volumes applicable for 2013 through 2030; (3) apply existing requirements (with a revised ratio) for determining volumes for years not specified to calendar year 2031 and thereafter; (4) prescribe increasing minimum quantities of renewable fuel that must be derived from cellolosic biomass for 2010 through 2030; and (5) apply, for 2010 and thereafter, the 2.5-to-1 ratio of cellulosic biomass ethanol or waste derived ethanol to renewable fuel only to the quantity of cellulosic biomass ethanol sold that is in excess of the minimum quantity of renewable fuel derived from cellulosic biomass required for that year.
Requires not less than 30% of the total volume of renewable fuel required in a state under this Act to be derived from the Environmental Protection Agency (EPA) region in which the state is located. Allows the Administrator of the EPA to reduce or waive such requirement if it would be impracticable for the region to produce the required volume of renewable fuel. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Visitation and Inmate Calling
in Prisons Act of 2017''.
SEC. 2. FCC REGULATION OF VIDEO VISITATION SERVICE AND INMATE CALLING
SERVICE.
(a) Definitions.--In this section:
(1) Ancillary service charge.--The term ``ancillary service
charge'' means any charge that a consumer may be assessed for
the use of inmate calling services that is not included in the
per-minute charges assessed for the individual call.
(2) Call.--The term ``call''--
(A) means a voice or video call using a covered
service; and
(B) includes any other session of use that is
similar to a telephone call.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Consumer.--The term ``consumer'' means the party paying
a provider of inmate calling services.
(5) Correctional facility.--The term ``correctional
facility'' means a jail or prison.
(6) Covered service.--The term ``covered service'' means an
inmate calling service or a video visitation service.
(7) Inmate.--The term ``inmate'' means an individual
detained in a correctional facility, regardless of the duration
of the detention.
(8) Inmate calling service.--The term ``inmate calling
service'' means a service that allows inmates to make calls to
individuals outside the correctional facility where the inmate
is detained, regardless of the technology used to deliver the
service.
(9) Site commission.--The term ``site commission'' means
any form of monetary payment, in-kind payment, gift, exchange
of services or goods, fee, technology allowance, or product
that a provider of inmate calling services or affiliate of such
a provider may pay, give, donate, or otherwise provide to--
(A) an entity that operates a correctional
institution;
(B) an entity with which the provider of inmate
calling services enters into an agreement to provide
such services;
(C) an agency that oversees a correctional
facility;
(D) the city, county, or State in which a
correctional facility is located; or
(E) an agent of any such correctional facility.
(10) Video visitation service.--The term ``video visitation
service'' means a service that allows inmates to make video
calls to individuals outside the correctional facility where
the inmate is being held, regardless of the technology used to
deliver the service. A video visitation service may be
classified as an inmate calling service, as the Commission
considers appropriate.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Commission shall--
(1) promulgate regulations with respect to video visitation
service; and
(2) amend the regulations of the Commission with respect to
inmate calling service (as necessary), to ensure that all
charges, practices, classifications, and regulations for and in
connection with video visitation service and inmate calling
service are just and reasonable.
(c) Requirements for Regulations.--The regulations promulgated
under subsection (b) shall include the following:
(1) Video visitation services may be used only to
supplement, not supplant, in-person visitation.
(2) Caps on the rates (and any related fees or charges)
that a provider of a covered service may charge for such
service.
(3) A prohibition against a provider of a covered service
charging a flat rate for a call, regardless of the duration of
the call.
(4) A prohibition against a provider of a covered service
requiring a correctional facility to restrict in-person
visitation as a condition of providing such service in such
facility.
(5) A requirement that a provider of a covered service
certify annually to the Commission that such provider is in
compliance with the prohibition under paragraph (4).
(6) A requirement that the provider of a covered service
submit an annual report to the Commission regarding interstate,
intrastate, and international inmate calling services for the
prior calendar year, which shall--
(A) be categorized both by facility type and size;
and
(B) contain--
(i) current interstate, intrastate, and
international rates for inmate calling
services;
(ii) current ancillary service charge
amounts and the instances of use of each;
(iii) the monthly amount of each site
commission paid;
(iv) minutes of use, per-minute rates, and
ancillary service charges for video visitation
services;
(v) the number of TTY-based inmate calling
services calls provided per facility during the
reporting period;
(vi) the number of dropped calls the
reporting provider experienced with TTY-based
calls; and
(vii) the number of complaints that the
reporting provider received relating to issues
such as dropped calls, poor call quality, and
the number of incidences of each by TTY and
telecommunications relay service (TRS) users.
(7) A prohibition against a provider of a covered service
offering or entering into an agreement to provide a covered
service as part of a bundle of services that includes any
service that is not a communications service.
(8) Requirements for the offering or entering into an
agreement to provide a covered service as part of a bundle of
services that ensure that correctional facilities are able to
review each service separately during the request for proposals
process.
(9) With respect to video visitation service, quality
standards that are the best commercially available for
effective human communication by video, which shall be
developed by the Commission after seeking comments that review
the academic literature regarding the appropriate thresholds
for effective human communication by video.
(d) Applicability.--
(1) In general.--The regulations promulgated under
subsection (b) shall apply to interstate service, intrastate
service, and international service.
(2) Different requirements.--In promulgating regulations
under subsection (b), the Commission may provide for different
requirements for interstate service, intrastate service, and
international service.
SEC. 3. BUREAU OF PRISONS OVERSIGHT.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4015. Video visitation
``(a) In General.--The Director of the Bureau of Prisons shall take
such actions as may be necessary to ensure that, in the case of any
prisoner in the custody of the Bureau of Prisons, video visitation
services are available subject to the following:
``(1) Video visitation services may be used only to
supplement, not supplant, in-person visitation.
``(2) Any equipment or area made available for purposes of
video visitation shall maximize privacy to the extent
practicable, and shall include measures to ensure the
operability of the equipment by visitors, including children.
``(3) In entering into any agreement to provide covered
services, the Director--
``(A) shall give priority to bids submitted that
require the purchase of equipment for video visitation;
``(B) may not enter into any agreement including a
term providing for--
``(i) any services other than those that
are minimally required by the Director;
``(ii) any authority to a person other than
a corrections officer to make a determination
that affects the terms of a prisoner's
imprisonment, including visitation schedules or
ability of a person to move about within a
correctional facility; or
``(iii) a covered service as part of a
bundle of services that includes any service
that is not a covered service; and
``(C) may not enter into any agreement that does
not include terms requiring--
``(i) that the service provider provide a
list of each video visitation and each
individual fee charged to the visitor and the
prisoner;
``(ii) that the service provider offer a
minimum number of free visits each month based
on good behavior (as determined by the head of
the correctional facility wherein the service
is provided); and
``(iii) that the service provider submit
quarterly reports including such information as
the Director may require to ensure compliance
with the terms of this section.
``(b) Definition.--In this section, terms used have the meanings
given such terms in section 2 of the Video Visitation and Inmate
Calling in Prisons Act of 2017, except that, for purposes of this
section, the term `video visitation service' includes a service that
allows the use of videoconferencing or analog closed circuit television
systems and software to allow inmates and visitors to visit at a
distance with an inmate in a correctional facility.''.
(b) Table of Sections.--The table of sections for chapter 301 of
title 18, United States Code, is amended by inserting after the item
relating to section 4014 the following:
``4015. Video visitation.''. | Video Visitation and Inmate Calling in Prisons Act of 2017 This bill requires the Federal Communications Commission to promulgate regulations for video visitation services that allow inmates to make video calls to individuals outside a correctional facility, and amend its regulations on inmate calling services as necessary to ensure that all charges and practices are just and reasonable. The regulations must include: video visitation cannot replace in-person visits; caps on rates charged by service providers; a prohibition against charging flat rates; a prohibition against a provider requiring a correctional facility to restrict in-person visitation as a condition to providing a calling or video visitation service; a requirement for a provider to submit an annual report about interstate, intrastate, and international inmate calling services; a prohibition against the provider offering bundled services that include non-communications services; and video quality standards. The federal criminal code is amended to require the Bureau of Prisons to ensure that: video visitation does not supplant in-person visitation; privacy is maximized in the video areas and equipment; no persons other than corrections officers have authority over the terms of a prisoner's imprisonment, including visitation schedules or the ability to move within a correctional facility; and service providers provide a list of each video visitation and each fee charged to visitors and prisoners, offer free visits based on good behavior if authorized by the correctional facility, and submit quarterly compliance reports. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Black Lung
Benefits Restoration Act''.
(b) Reference.--Whenever in this Act (other than section 9(a) (1),
10, 11, or 12) 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
Black Lung Benefits Act (30 U.S.C. 901 et seq.).
SEC. 2. BENEFIT OVERPAYMENT.
Part C is amended by adding at the end the following:
``Sec. 436. (a) The repayment of benefits paid on a claim filed
under this part before the final adjudication of the claim shall not be
required if the claim was finally denied, unless fraud or deception was
used to procure the payment of such benefits.
``(b) The trust fund shall refund any payments made to it as a
reimbursement of benefits paid on a claim filed under this part before
the final adjudication of the claim, unless fraud or deception was used
to procure the payment of such benefits.
``(c) The trust fund shall reimburse an operator for any benefits
paid on a claim filed under this part before the final adjudication of
the claim if the claim was finally denied.
``(d) If on a claim for benefits filed under this part--
``(1) the Secretary makes an initial determination--
``(A) of eligibility; or
``(B) that particular medical benefits are payable;
or
``(2) an award of benefits is made,
the operator found to be the responsible operator under section 422(h)
shall, within 30 days of the date of such determination or award,
commence the payment of monthly benefits accruing thereafter and of
medical benefits that have been found payable. If an operator fails to
timely make any payment required by an initial determination or by an
award, such determination or award shall be considered final as of the
date of its issuance.''.
SEC. 3. EVIDENCE.
Section 422 (30 U.S.C. 932) is amended by adding at the end the
following:
``(m)(1)(A) During the course of all proceedings on a claim for
benefits under this part, the results of not more than 3 medical
examinations and 3 interpretations of chest roentgenograms offered by
the claimant may be received as evidence to support eligibility for
benefits.
``(B) During the course of all proceedings on a claim for benefits
under this part, the responsible operator or the trust fund--
``(i) may require, at no expense to the claimant, that the
claimant undergo certain medical examinations, but the
responsible operator or trust fund may not submit or require
more medical examinations than are conducted and submitted
during the course of all proceedings by the claimant; and
``(ii) may offer into evidence the set of results of one
chest roentgenogram for each set of chest roentgenogram results
that are offered into evidence by the claimant.
``(C) An administrative law judge may require the miner to submit
to a medical examination by a physician assigned by the District
Director if the administrative law judge determines that, at any time,
there is good cause for requiring such examination. For purposes of
this subparagraph, good cause shall exist only when the administrative
law judge is unable to determine from existing evidence whether the
claimant is entitled to benefits.
``(D) The complete pulmonary evaluation provided each miner under
section 413(b) and any consultative evaluation developed by the
District Director shall be received into evidence notwithstanding
subparagraph (A) or (B).
``(E) Any record of--
``(i) hospitalization for a pulmonary or related disease;
``(ii) medical treatment for a pulmonary or related
disease; and
``(iii) a biopsy or an autopsy,
may be received into evidence notwithstanding subparagraph (A) or (B).
``(2) In addition to the medical examinations authorized by
paragraph (1), each party may submit not more than one interpretive
medical opinion whether presented as documentary evidence or in oral
testimony. Such medical opinion may review other evidence derived from
chest roentgenograms, blood gas studies, or pulmonary function studies
contained in the reports offered under this subsection.
``(3) A request for modification of a denied claim under section 22
of the Longshore and Harbor Workers' Compensation Act, as made
applicable to this Act by subsection (a) of this section, shall be
considered as if it were a new claim for the purpose of applying the
limitations prescribed by paragraphs (1) and (2).
``(4) The opinion of a miner's treating physician, if offered in
accordance with paragraph (1)(A), shall be given substantial weight
over the opinion of other physicians in determining the claimant's
eligibility for benefits if the treating physician is board-certified
in a specialty relevant to the diagnosis of total disability or death
due to pneumoconiosis.
``(5) For purposes of this subsection, a medical examination
consists of a physical examination and all appropriate clinical studies
(not including a biopsy or an autopsy) related to the diagnosis of
total disability or death due to pneumoconiosis.''.
SEC. 4. SURVIVOR BENEFITS.
(a) Death.--Section 422 (30 U.S.C. 932), as amended by section 3,
is amended by adding at the end the following:
``(n) If an eligible survivor files a claim for benefits under this
part and if the miner--
``(1) was receiving benefits for pneumoconiosis pursuant to
a final adjudication under this part; or
``(2) was totally disabled by pneumoconiosis at the time of
the miner's death,
the miner's death shall be considered to have occurred as a result of
the pneumoconiosis, unless the miner's death was the result of an event
that had no medical connection with the pneumoconiosis.''.
(b) Rules for Widows and Widowers.--Section 422 (30 U.S.C. 932), as
amended by subsection (a), is amended by adding at the end the
following:
``(o)(1) A widow or widower of a miner who was married to the miner
for less than 9 months at any time preceding the miner's death is not
qualified to receive survivor benefits under this part unless the widow
or widower was the natural or adoptive parent of the miner's child.
``(2) The widow or widower of a miner is disqualified to receive
survivor benefits under this part if the widow or widower remarries
before attaining the age of 50.
``(3) A widow or widower may not receive an augmentation in
survivor benefits on any basis arising out of a remarriage of the widow
or widower.''.
SEC. 5. RESPONSIBLE OPERATOR.
Section 422(h) (30 U.S.C. 932(h)) is amended by inserting ``(1)''
after ``(h)'' and by adding at the end the following:
``(2)(A) Prior to issuing an initial determination of eligibility,
the Secretary shall, after investigation, notice, and a hearing as
provided in section 19 of the Longshore and Harbor Workers'
Compensation Act, as made applicable to this Act by subsection (a) of
this section, determine whether any operator meets the Secretary's
criteria for liability as a responsible operator under this Act. If a
hearing is timely requested on the liability issue, the decision of the
administrative law judge conducting the hearing shall be issued not
later than 120 days after such request and shall not be subject to
further appellate review.
``(B) If the administrative law judge determines that an operator's
request for a hearing on the liability issue was made without
reasonable grounds, the administrative law judge may assess the
operator for the costs of the proceeding (not to exceed $750).''.
SEC. 6. ATTORNEY FEES.
(a) Eligibility for Fees.--Section 422 (30 U.S.C. 932), as amended
by section 4(b), is amended by adding at the end the following:
``(p)(1) If in any administrative or judicial proceeding on a claim
for benefits a determination is made that a claimant is entitled to
such benefits, the claimant shall be entitled to receive all reasonable
costs and expenses (including expert witness and attorney's fees)
incurred by the claimant in such proceeding and in any other
administrative or judicial proceeding on such claim occurring before
such proceeding.
``(2) In the case of a proceeding held with respect to such claim--
``(A) the person or Board that made the determination that
the claimant is entitled to benefits in an administrative
proceeding and any other person or Board that made a prior
determination in an administrative proceeding on such claim; or
``(B) the court in the case of a judicial proceeding,
shall determine the amount of all costs and expenses (including expert
witness and attorney's fees) incurred by the claimant in connection
with any such proceeding and shall assess the operator responsible to
the claimant for such costs and expenses that are reasonable or if
there is not an operator responsible to the claimant, shall assess the
fund for such costs and expenses.
``(3) The determination of such costs and expenses shall be made
within 60 days of the date the claimant submits a petition for the
payment of such costs and expenses to a person, the Board, or court
that made a determination on the claimant's claim. The person, Board,
or court receiving such petition shall take such action as may be
necessary to assure that such costs and expenses are paid within 45
days of the date of the determination of such costs and expenses unless
a motion to reconsider--
``(A) the amount of such costs and expenses; or
``(B) the person liable for the payment of such amount,
is pending.
``(4) If an operator pays costs and expenses assessed under
paragraph (1) and if the claimant for whom such costs and expenses were
paid is determined in a later proceeding not to be eligible for
benefits under this part, the fund shall pay the operator the amount
paid for such costs and expenses.
``(5) Section 28(e) of the Longshore and Harbor Workers'
Compensation Act shall apply with respect to any person who receives
costs and expenses that are paid under this subsection on account of
services rendered a claimant.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply only with respect to claims that are filed for the first time
after the date of the enactment of this Act and shall not apply with
respect to any claim that is filed before such date and that is refiled
under section 8 of this Act after such date.
SEC. 7. ADMINISTRATION.
(a) Appeals to the Benefits Review Board.--No appeal of an order in
a proceeding under the Black Lung Benefits Act may be made by a
claimant or respondent to the Benefits Review Board unless such order
has been made by an administrative law judge.
(b) Acquiescence.--The Secretary of Labor may not delegate to the
Benefits Review Board the authority to refuse to acquiesce in a
decision of a Federal court.
SEC. 8. REFILING.
Any claim filed under the Black Lung Benefits Act after January 1,
1982, but before the date of the enactment of this Act, may be refiled
under such Act after the date of the enactment of this Act for a de
novo review on the merits.
SEC. 9. DEFINITIONS.
(a) Coke Ovens.--
(1) Federal mine safety and health act of 1977.--Section 3
of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
802) is amended--
(A) in subsection (d), by inserting before the
semicolon the following: ``or who operates a coke oven
or any machine shop or other operation reasonably
related to the coke oven'';
(B) in subsection (g), by inserting before the
semicolon the following: ``or working at a coke oven or
in any other operation reasonably related to the
operation of a coke oven''; and
(C) in subsection (h)(2), by inserting before the
semicolon the following: ``and includes a coke oven and
any operation, structure, or area of land reasonably
related to the operation of a coke oven''.
(2) Black lung benefits act.--The first sentence of section
402(d) (30 U.S.C. 902(d)) is amended by inserting before the
period the following: ``or who works or has worked at a coke
oven or in any other operation reasonably related to the
operation of a coke oven''.
(b) Pneumoconiosis.--Section 402(b) (30 U.S.C. 902(b)) is amended--
(1) by adding after ``sequelae'' the following: ``which
disease or sequelae is restrictive or obstructive or both'';
and
(2) by striking out ``coal mine'' and inserting in lieu
thereof ``coal mine or coke oven''.
SEC. 10. BENEFITS REVIEW BOARD.
Section 21(b)(1) of the Longshoremen's and Harbor Workers'
Compensation Act (33 U.S.C. 921(b)(1)) is amended--
(1) by inserting after the first sentence the following new
sentence: ``The Secretary shall appoint and fix the
compensation of the Benefits Review Board members without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53, relating to classification and the General Schedule
pay rates, and without regard to chapter 75, relating to
adverse actions.'';
(2) in paragraph (5), by striking the sixth sentence; and
(3) by adding at the end thereof the following new
paragraph:
``(6) The rate of compensation for members of the Board
shall not exceed the daily equivalent of the maximum rate
specified in section 5376 of title 5, United States Code.''.
SEC. 11. COMPENSATION FOR WORK INJURIES REGULATIONS.
Section 8149 of title 5, United States Code, is amended--
(1) in the second sentence by striking ``designated or'';
and
(2) by inserting after the second sentence the following
new sentences: ``The Secretary shall appoint and fix the
compensation of the Employee's Compensation Appeals Board
members without regard to the provisions of this title,
governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53, relating to classification and the General Schedule
pay rates, and without regard to chapter 75, relating to
adverse actions. The rate of compensation for members of the
Board shall not exceed the daily equivalent of the maximum rate
specified in section 5376.''. | Black Lung Benefits Restoration Act - Amends the Black Lung Benefits Act (the Act) to provide that, when black lung benefits are paid after an initial determination of eligibility, repayment of an overpayment will not be required even upon a final determination of ineligibility, if there was no fraud or deception by the claimant. Provides for refunds to claimants of any such repayments required before this Act. Provides for reimbursement by the Black Lung Disability Trust Fund to operators who made such benefit overpayments.
Revises evidence requirements. Limits to three the number of medical examinations a claimant may submit, but authorizes an administrative law judge to require the claimant to submit to an additional medical examination. Prohibits the responsible operator or the Trust Fund from submitting or requiring more than the number of medical examinations conducted or submitted during the course of all proceedings by the claimant.
Revises requirements for survivor benefits. Provides that a miner's death shall be considered to have occurred as a result of the pneumoconiosis if the miner was receiving benefits for, or was totally disabled by, pneumoconiosis at the time of death. Qualifies to receive survivor benefits any widow or widower of a miner who was married to the miner for at least nine months preceding the miner's death, or who had children as a result of such a marriage. Provides that widows or widowers of miners are not disqualified to receive survivor benefits if they remarry after attaining age 50; but prohibits them from receiving an augmentation in survivor benefits on any basis arising out of a subsequent marriage.
Provides for notice and an opportunity for a hearing to appeal the Secretary's initial designation of liability as the responsible operator. Authorizes assessment of proceeding costs against any operator who does not have reasonable grounds to contest the designation.
Requires that all reasonable legal costs and expenses incurred by the claimant be paid by the responsible operator, or the Trust Fund, after an administrative or judicial determination that the claimant is entitled to black lung benefits. Requires the Secretary or court to take action to assure that they are paid within 45 days after such determination.
Requires the Trust Funds to pay any operator the legal costs the operator paid to a claimant determined in a later proceeding to be ineligible for benefits.
Prohibits a claimant or respondent from appealing to the Benefits Review Board any order unless it has been made by an administrative law judge.
Allows any claim filed under the Act after January 1, 1982, but before enactment of this Act, to be refiled after enactment of this Act for a de novo review on the merits.
Provides for coverage of coke oven operators (or operators of machine shops or other operations reasonably related to coke ovens) under the Act and the Federal Mine Safety and Health Act.
Revises provisions for compensation of: (1) the Benefits Review Board, under the Longshoremen's and Harbor Workers' Compensation Act; and (2) the Employee's Compensation Appeals Board, under Federal law relating to Federal employees. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Future of the Nunn-Lugar Program Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Cooperative Threat Reduction program, initially
established in 1991 by Senators Richard Lugar and Sam Nunn,
provided funding and expertise to secure and dismantle nuclear,
chemical, and biological weapons and delivery systems in former
Soviet Union states.
(2) After the Nunn-Lugar Cooperative Threat Reduction
program was signed into law, Russia, Ukraine, Belarus, and
Kazakhstan all agreed to implement the program.
(3) Russia developed programs to improve security at
nuclear weapons facilities and together with Ukraine opened
science and technology centers to help employ former Soviet
weapons scientists.
(4) Ukraine, Belarus, and Kazakhstan agreed to remove all
nuclear warheads from their territories, and accomplished this
objective within three years.
(5) In 1996, the Nunn-Lugar-Domenici Domestic Preparedness
Initiative built on the initial goals of the Cooperative Threat
Reduction program to train civilians to assist following an
attack by a weapon of mass destruction.
(6) In recent years, funding provided through the Nunn-
Lugar Cooperative Threat Reduction Program has focused on
export and border control programs and on the detection of
radiological weapons, sometimes referred to as ``dirty bombs''.
(7) In 2013, the Nunn-Lugar Cooperative Threat Reduction
program provided funding for Libya to dispose of the chemical
weapons and munitions discovered after the fall of the Gadhafi
regime.
(8) In 2014, under the umbrella of the Nunn-Lugar
Cooperative Threat Reduction program, the United States played
a role in carrying out the removal of chemical weapons from
Syria.
(9) The Nunn-Lugar Cooperative Threat Reduction program has
been a success, but as the world continues to change, new
partnerships and strategies will be required to deal with new
threats posed by weapons of mass destruction.
SEC. 3. ASSESSMENT ON THE FUTURE OF COOPERATIVE THREAT REDUCTION.
(a) Assessment.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research and
development center to assess the current, anticipated, and
potential future requirements for cooperative threat reduction.
(2) Information and resources.--The Secretary shall provide
the federally funded research and development center conducting
the assessment under paragraph (1) with access to any
information and resources necessary for the federally funded
research and development center to conduct such assessment.
(b) Report.--
(1) Interim report.--Not later than one year after the date
of the enactment of this Act, the federally funded research and
development center conducting the assessment under subsection
(a)(1) shall submit to the Secretary an interim report on the
assessment.
(2) Final report.--Not later than 18 months after the date
of the enactment of this Act, the federally funded research and
development center conducting the assessment under subsection
(a)(1) shall submit to the Secretary a final report on the
assessment.
(3) Elements.--Each report under paragraphs (1) and (2)
shall include the following:
(A) A detailed discussion of the requirements and
capabilities necessary for reducing the threats of
nuclear, chemical, and biological weapons.
(B) An identification of capability gaps for
current and future cooperative threat reduction efforts
and requirements.
(C) Recommendations with respect to actions that
could be taken, including legislative actions, to
modernize the Cooperative Threat Reduction Program of
the Department of Defense established under section
1321 of the Department of Defense Cooperative Threat
Reduction Act (50 U.S.C. 3711) to better respond to
threats during the 10-year period beginning on the date
of the report.
(D) Recommendations with respect to actions that
could be taken to modernize the command and control
enterprise and the role of the Director of the Defense
Threat Reduction Agency.
(E) Such other matters as the Secretary determines
appropriate.
(4) Submission.--Not later than seven days after receiving
each report under paragraphs (1) and (2), the Secretary shall
submit such report to Congress without change.
(c) Cooperative Threat Reduction Defined.--In this section, the
term ``cooperative threat reduction'' means the activities specified in
section 1321(a) of the Department of Defense Cooperative Threat
Reduction Act (50 U.S.C. 3711(a)). | Future of the Nunn-Lugar Program Act of 2017 This bill requires the Department of Defense (DOD) to: (1) seek to enter into an agreement with a federally funded research and development center to assess requirements for cooperative threat reduction, and (2) provide such center with access to necessary information and resources. The center shall provide DOD with an interim and a final report that shall include: (1) a discussion of the requirements and capabilities necessary for reducing the threats of nuclear, chemical, and biological weapons; (2) identification of capability gaps for cooperative threat reduction efforts; (3) recommendations for actions to modernize the DOD's Cooperative Threat Reduction Program; and (4) recommendations to modernize the command and control enterprise and the role of the Director of the Defense Threat Reduction Agency. The Cooperative Threat Reduction Program, with respect to foreign countries, is intended to facilitate the elimination and the safe and secure transportation and storage of nuclear, chemical, biological, or other weapons and prevent their proliferation. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Department of Veterans
Affairs Performance Management and Accountability Reform Act of 2014''.
SEC. 2. IMPROVEMENT OF PERFORMANCE APPRAISAL OF SENIOR EXECUTIVES OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Performance Appraisal System.--
(1) In general.--Chapter 7 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 713. Senior Executive Service: performance appraisal
``(a) Performance Appraisal System.--The Secretary shall be
responsible for carrying out the requirements of subchapter II of
chapter 43 of title 5.
``(b) Organizational Performance Requirements.--(1) In implementing
the performance appraisal system for senior executives of the
Department required by section 4312 of title 5, the Secretary shall
issue, by not later than September 1 of each year, organizational
performance requirements to be used to inform the establishment of
performance requirements for each senior executive of the Department.
The performance requirements of each senior executive shall be
achievable by each senior executive and shall be consistent with the
organizational performance requirements issued by the Secretary.
``(2) Not less than half of the annual summary rating of a senior
executive of the Department under section 4314 of title 5 shall be
based on the organizational performance requirements issued under this
subsection and applicable to such senior executive.
``(3) Not later than December 15 of each year, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives certification that for the fiscal year during which
the certification is submitted that--
``(A) all individual and organizational performance
requirements applicable to senior executives of the Department
pursuant to section 4312 of title 5 accurately reflected the
organizational performance requirements of the Department; and
``(B) the performance requirements established for each
senior executive are expected to lead to the overall success of
the Department in meeting its organizational performance
requirements.
``(c) Additional Requirements.--(1) In implementing the performance
appraisal system for senior executives of the Department required by
section 4312 of title 5, the Secretary shall ensure that such system is
designed to--
``(A) evaluate the contribution of each senior executive to
the overall mission and objectives of the Department;
``(B) ensure that each senior executive is accountable for
efforts undertaken to further the objectives of the
Departments; and
``(C) evaluate the contribution of each senior executive in
ensuring the Department meets the needs of veterans and their
dependants.
``(2)(A) The performance review board established pursuant to
section 4314 of title 5 shall ensure that--
``(i) the performance requirements for each senior
executive of the Department clearly and distinctly address both
individual and organizational performance; and
``(ii) the performance of each senior executive is
evaluated based on such performance requirements together with
the demonstrated accountability, executive, and leadership
capabilities of the senior executive.
``(B) In evaluating the performance of a senior executive of the
Department, the performance review board shall take into consideration
each of the following:
``(i) Any deficiencies identified by the Inspector General
of the Department or the Comptroller General of the United
States in the performance of duties or areas managed by the
senior executive.
``(ii) Any final determination in response to a formal
complaint submitted regarding the performance of the senior
executive or a deficiency in a program under the direction of
the senior executive.
``(iii) The findings of any final report relating to the
performance of the senior executive or to a deficiency in a
program under the direction of the senior executive.
``(d) Annual Summary Ratings.--(1) The Secretary shall provide in a
timely manner to any senior executive who receives an annual summary
rating under section 4314(a) of title 5 of any level of performance
lower than fully successful a detailed explanation of the performance
deficiencies of the senior executive.
``(2) In the case of a senior executive for whom it is determined
during a mid-year review that the senior executive is likely to receive
an annual summary rating of less than fully successful, the Secretary
shall ensure that senior executive is provided a plan to address
performance deficiencies before the end of the evaluation period.
``(3) Any senior executive of the Department who receives two
annual summary ratings of any level of performance lower than fully
successful shall be removed from the Senior Executive Service.
``(4) Any senior executive who receives three consecutive annual
summary ratings of the highest level of performance shall be provided
with an opportunity to obtain a different position within the
Department with more responsibility, if such a position is available.
``(e) Annual Reports.--Not later than January 1 of each year, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the senior executive
performance appraisal system of the Department for the fiscal year
preceding the fiscal year during which the report is submitted. Each
such report shall include, for the year covered by the report, each of
the following:
``(1) The number of senior executives who received summary
ratings.
``(2) The number of senior executives who received a
summary rating at each level of performance.
``(3) Any actions taken with respect to senior executives
who received ratings at a level of performance lower than fully
successful.
``(4) The number of initial annual summary ratings that
were raised or lowered by the performance review board.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``713. Senior Executive Service: performance appraisal.''.
(b) Performance Pay for Physicians and Dentists.--Section 7431 of
title 38, United States Code, is amended--
(1) in subsection (b)(3), by inserting after ``dentist''
the following: ``who received a fully successful level of
performance at the physician or dentist's most recent
performance appraisal'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by inserting ``(A)'' before ``Market
pay''; and
(ii) by adding at the end the following new
subparagraph:
``(B) The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
semi-annual report on health care trends, including anticipated
shortages of health care professionals by specific specialty
and location, which shall be used in determining the
recruitment and retention needs of the Department for purposes
of this subsection. The Secretary may not provide market pay to
a physician or dentist under this subsection unless the payment
of market pay to the physician or dentist meets a specialty or
location need of the Department as articulated in a report
submitted under this subparagraph.''.
(B) in paragraph (4)(B)--
(i) in clause (i), by striking the last
sentence; and
(ii) in clause (iii), by striking ``should,
to the extent practicable,'' and inserting
``shall''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``(A)'' before ``One
element''; and
(ii) by adding at the end the following:
``The Secretary shall establish a performance
appraisal system for physicians and dentists.
The performance appraisal system shall provide
for annual summary ratings of levels of
performance as follows:''
``(A) one or more fully successful levels;
``(B) a minimally satisfactory level; and
``(C) an unsatisfactory level.'';
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) Under the performance appraisal system under subparagraph
(A), performance shall be evaluated based on both individual and
organizational performance and specific goals or objectives shall be
explicitly linked to improved health care outcomes and quality as well
as the Department's overall effectiveness in providing quality health
care services. The specific goals and objectives shall be consistent
with the overarching objectives and goals of the Department.
``(C) Under such performance appraisal system, each physician and
dentist employed by the Department shall receive an annual review by
the Under Secretary of Health. For each year, the Under Secretary shall
submit to the Secretary certification that such reviews are
conducted.'';
(B) by striking paragraph (3) and redesignating
paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Under the performance appraisal system established under
paragraph (1)--
``(A) on or before the beginning of each rating period,
performance requirements for each physician or dentist shall be
established in consultation with, and communicated to, each
physician or dentist;
``(B) written appraisals of performance shall be based on
the individual and organizational performance requirements
established for the rating period involved; and
``(C) each physician or dentist shall be provided a copy of
the appraisal and the physician or dentist's performance
appraisal rating and shall be given an opportunity to respond
in writing and have the rating reviewed by the Under Secretary
for Health before the rating becomes final.'';
(D) in paragraph (3), as redesignated by
subparagraph (B)--
(i) by inserting ``only'' after ``paid'';
and
(ii) by striking ``on the basis'' and
inserting ``who receives a level of performance
of fully successful under the performance
appraisal system established under paragraph
(1) and whose performance exceeds the specific
goals and performance objectives established
under such system.'';
(E) in paragraph (4), by striking ``paragraph (2)''
and inserting ``this subsection'';
(F) in paragraph (5)(B), by striking ``7.5
percent'' and inserting ``5 percent''; and
(G) by striking paragraph (6); and
(4) by adding at the end the following new subsection:
``(i) Failure To Maintain a License.--A physician or dentist who
has not maintained an appropriate professional license may not be
paid.''.
(c) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
training program of the Department of Veterans Affairs for senior
executives. Such report shall include--
(1) an evaluation of succession planning and long-term
career development plans for senior executives and efforts
undertaken by the Department to improve cross-Department
opportunities for senior executives; and
(2) the recommendations of the Secretary for improving the
mobility and effectiveness of senior executives. | Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014 - Directs the Secretary of Veterans Affairs, in implementing the federal performance appraisal system for senior executives of the Department of Veterans Affairs (VA), to annually issue the organizational performance requirements to be achieved by each executive. Requires at least half of the annual rating of each executive to be based on such requirements. Directs the Secretary to certify to the congressional veterans committees, annually, that such requirements are being utilized and that each executive's rating accurately reflects use of such requirements. Provides additional implementation requirements. Directs the Secretary to provide a detailed explanation to any executive who receives an annual rating lower than fully successful. Requires each executive who receives: (1) two annual ratings of less than fully successful to be removed from the Senior Executive Service; or (2) three consecutive ratings of the highest performance level to be given an opportunity to obtain a different position within the VA with more responsibility, if such a position is available. Requires the Secretary to report annually on the VA's senior executive performance appraisal system. Allows VA physician and dentist performance pay only to those who received a fully successful level of performance in their most recent appraisal. Directs the Secretary to report semiannually on health care trends to be used in determining VA physician and dentist recruitment and retention needs. Requires: (1) the establishment of a performance appraisal system for VA physicians and dentists; and (2) their performance to be evaluated based on goals and objectives specifically linked to improved health care outcomes and quality, as well as overall effectiveness in providing quality health care services. Requires each VA physician or dentist be provided a copy of his or her annual rating under the system, as well as an opportunity to respond and have the rating reviewed by the VA's Under Secretary for Health. Prohibits a VA physician or dentist who has not maintained an appropriate professional license from being paid. Directs the Secretary to report on the VA training program for senior executives. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Conference on Small
Business Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``Chief Counsel'' means the Chief Counsel for
Advocacy of the Small Business Administration;
(3) the term ``National Commission'' means the National
Commission on Small Business established under section 6;
(4) the term ``National Conference''--
(A) means the National Conference on Small Business
conducted under section 3(a); and
(B) includes the last White House Conference on
Small Business occurring before 2002;
(5) the term ``small business'' has the meaning given the
term ``small business concern'' under section 3 of the Small
Business Act;
(6) the term ``State'' means any of the 50 States of the
United States; and
(7) the term ``State Conference'' means a State Conference
on Small Business conducted under section 3(b).
SEC. 3. NATIONAL AND STATE CONFERENCES ON SMALL BUSINESS.
(a) National Conferences.--There shall be a National Conference on
Small Business once every 4 years, to be held during the second year
following each Presidential election, to carry out the purposes
specified in section 4.
(b) State Conferences.--Each National Conference referred to in
subsection (a) shall be preceded by a State Conference on Small
Business, with not fewer than 1 such conference held in each State, and
with not fewer than 2 such conferences held in any State having a
population of more than 10,000,000.
SEC. 4. PURPOSES OF NATIONAL CONFERENCES.
The purposes of each National Conference shall be--
(1) to increase public awareness of the contribution of
small business to the Nation's economy;
(2) to identify the problems of small business;
(3) to examine the status of minorities and women as small
business owners;
(4) to assist small business in carrying out its role as
the Nation's job creator;
(5) to assemble small businesses to develop such specific
and comprehensive recommendations for legislative and
regulatory action as may be appropriate for maintaining and
encouraging the economic viability of small business and
thereby, the Nation; and
(6) to review the status of recommendations adopted at the
immediately preceding National Conference on Small Business.
SEC. 5. CONFERENCE PARTICIPANTS.
(a) In General.--To carry out the purposes specified in section 4,
the National Commission shall conduct National and State Conferences to
bring together individuals concerned with issues relating to small
business.
(b) Conference Delegates.--
(1) Appointments.--Only individuals who are owners or
officers of a small business shall be eligible for appointment
as delegates (or alternates) to the National and State
Conferences pursuant to this subsection, and such appointments
shall consist of--
(A) 1 delegate (and 1 alternate) appointed by each
Governor of each State;
(B) 1 delegate (and 1 alternate) appointed by each
Member of the House of Representatives, from the
congressional district of that Member;
(C) 1 delegate (and 1 alternate) appointed by each
Member of the Senate from the home State of that
Member; and
(D) 50 delegates (and 50 alternates) appointed by
the President, 1 from each State.
(2) Powers and duties.--Delegates to each National
Conference--
(A) shall attend the State conferences in his or
her respective State;
(B) shall conduct meetings and other activities at
the State level before the date of the National
Conference, subject to the approval of the National
Commission; and
(C) shall direct such State level conferences,
meetings, and activities toward the consideration of
the purposes of the National Conference specified in
section 4, in order to prepare for the next National
Conference.
(3) Alternates.--Alternates shall serve during the absence
or unavailability of the delegate.
(c) Role of the Chief Counsel.--The Chief Counsel for Advocacy of
the Small Business Administration shall, after consultation and in
coordination with the National Commission, assist in carrying out the
National and State Conferences required by this Act by--
(1) preparing and providing background information and
administrative materials for use by participants in the
conferences;
(2) distributing issue information and administrative
communications, electronically where possible through an
Internet web site and e-mail, and in printed form if requested;
and
(3) maintaining an Internet site and regular e-mail
communications after each National Conference to inform
delegates and the public of the status of recommendations and
related governmental activity.
(d) Expenses.--Each delegate (and alternate) to each National and
State Conference shall be responsible for his or her expenses related
to attending the conferences, and shall not be reimbursed either from
funds appropriated pursuant to this section or the Small Business Act.
(e) Advisory Committee.--
(1) In general.--The National Commission shall appoint a
Conference Advisory Committee consisting of 10 individuals who
were participants at the last preceding National Conference.
(2) Preference.--Preference for appointment under this
subsection shall be given to those who have been active
participants in the implementation process following the prior
National Conference.
(f) Public Participation.--National and State Conferences shall be
open to the public, and no fee or charge may be imposed on such
attendee, other than an amount necessary to cover the cost of any meal
provided, plus a registration fee to defray the expense of meeting
rooms and materials of not to exceed $15 per person.
SEC. 6. NATIONAL COMMISSION ON SMALL BUSINESS.
(a) Establishment.--There is established the National Commission on
Small Business.
(b) Membership.--
(1) Appointment.--The National Commission shall be composed
of 9 members, including--
(A) the Chief Counsel for Advocacy of the Small
Business Administration;
(B) 2 members appointed by the President;
(C) 2 members appointed by the majority leader of
the Senate;
(D) 1 member appointed by the minority leader of
the Senate;
(E) 2 members appointed by the majority leader of
the House of Representatives; and
(F) 1 member appointed by the minority leader of
the House of Representatives.
(2) Selection.--Members of the National Commission shall be
selected among distinguished individuals noted for their
knowledge and experience in fields relevant to the issue of
small business and the purposes of this Act.
(3) Time of appointment.--The appointments required by
paragraph (1) shall be made 1 year before the opening date of
each National Conference, and shall expire 9 months after the
date on which each National Conference is convened.
(c) Election of Chairperson.--At the first meeting of each National
Commission, a majority of the members of the National Commission
present and voting shall elect the Chairperson of the National
Commission.
(d) Powers and Duties of Commission.--The National Commission--
(1) may enter into contracts with public agencies, private
organizations, and academic institutions to carry out this Act;
(2) shall consult, coordinate, and contract with an
independent, nonpartisan organization that--
(A) has both substantive and logistical experience
in developing and organizing conferences and forums
throughout the Nation with elected officials and other
government and business leaders;
(B) has experience in generating private resource
from multiple States in the form of event sponsorships;
and
(C) can demonstrate evidence of a working
relationship with Members of Congress from the majority
and minority parties, and at least 1 Federal agency;
and
(3) shall prescribe such financial controls and accounting
procedures as needed for the handling of funds from fees and
charges and the payment of authorized meal, facility, travel,
and other related expenses.
(e) Planning and Administration of Conferences.--In carrying out
the National and State Conferences required by this Act, the National
Commission shall consult with the Office of Advocacy of the Small
Business Administration, the Congress, and such other Federal agencies
as it deems appropriate.
(f) Reports Required.--Not later than 6 months after the date on
which each National Conference is convened, the National Commission
shall submit to the President and to the chairpersons and ranking
minority Members of the Committees on Small Business of the Senate and
the House of Representatives a final report, which shall--
(1) include the findings and recommendations of the
National Conference and any proposals for legislative action
necessary to implement those recommendations; and
(2) be made available to the public.
(g) Quorum.--4 voting members of the National Commission shall
constitute a quorum for purposes of transacting business.
(h) Meetings.--The National Commission shall meet not later than 20
calendar days after the appointment of all members, and at least every
30 calendar days thereafter.
(i) Vacancies.--Any vacancy of the National Commission shall not
affect its powers, but shall be filled in the manner in which the
original appointment was made.
(j) Executive Director and Staff.--The National Commission may
appoint and compensate an Executive Director and such other personnel
to conduct the National and State Conferences as it may deem advisable,
without regard to title 5, United States Code, governing appointments
in the competitive service, and without regard to chapter 51 and
subchapter III of chapter 53 of such title, relating to classification
and General Schedule pay rates, except that the rate of pay for the
Executive Director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of such title.
(k) Funding.--Members of the National Commission shall be allowed
travel expenses, including per diem in lieu of subsistence at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the National
Commission.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out each National and State Conference required
by this Act, $5,000,000, which shall remain available until expended.
New spending authority or authority to enter contracts as provided in
this Act shall be effective only to such extent and in such amounts as
are provided in advance in appropriation Acts.
(b) Specific Earmark.--No amount made available to the Small
Business Administration may be made available to carry out this Act,
other than amounts made available specifically for the purpose of
conducting the National Conferences. | National Conference on Small Business Act - Provides for a National Conference on Small Business, once every four years, to: (1) increase public awareness of the contribution of small business to the Nation's economy; (2) identify the problems of small business; (3) examine the status of minorities and women as small business owners; (4) assist small business in carrying out its role as the Nation's job creators; (5) assemble small businesses to develop recommendations for legislative and regulatory action for maintaining and encouraging the economic viability of small business and, thereby, the Nation; and (6) review the status of recommendations adopted at the prior national conference.
Establishes the National Commission on Small Business. Requires the Commission to conduct National and State conferences to bring together individuals concerned with issues relating to small business. Directs the Chief Counsel for Advocacy of the Small Business Administration to assist in carrying out such conferences. Requires the Commission to appoint a Conference Advisory Committee from participants at the last national conference.
Requires the Commission to report to the President and ranking minority members of the congressional small business committees on conference findings, recommendations, and proposals, as well as necessary legislative action to implement such recommendations.
Authorizes appropriations to carry out each national and State conference. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Violent Extremism Act of
2015'' or the ``CVE Act''.
SEC. 2. AUTHORIZATION OF THE OFFICE FOR COUNTERING VIOLENT EXTREMISM OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the following new
section:
``SEC. 104. OFFICE FOR COUNTERING VIOLENT EXTREMISM.
``(a) Establishment.--There is in the Department an Office for
Countering Violent Extremism. The head of the Office shall be the
Assistant Secretary for Countering Violent Extremism, who shall be
appointed by the Secretary. The Secretary shall also appoint a career
Deputy Assistant Secretary for Countering Violent Extremism.
``(b) Assignment of Personnel.--The Secretary shall assign or hire,
as appropriate, permanent staff to the Office for Countering Violent
Extremism. In carrying out this subsection, the Secretary shall, to the
maximum extent practicable, seek to assign to or hire for the Office an
individual who has a demonstrated background in technical matters, on
and offline media, communications, or marketing.
``(c) Support.--The Secretary shall appoint within each appropriate
component and office of the Department, including at a minimum, U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, United States Citizenship and Immigration Services, the
Office of Privacy, the National Protection and Programs Directorate,
the Office of Civil Rights and Civil Liberties, the Secret Service, and
the Science and Technology Directorate, an individual to serve as
liaison to the Office for Countering Violent Extremism.
``(d) Responsibilities.--The Assistant Secretary for Countering
Violent Extremism shall be responsible for the following:
``(1) Coordinating the Department's activities to counter
violent extremism across all the components and offices of the
Department that conduct strategic and supportive activities to
counter violent extremism. Such activities shall include the
following:
``(A) Identifying risk factors that contribute to
violent extremism in communities in the United States
and potential remedies for use by Government and non-
government institutions.
``(B) Identifying populations targeted by violent
extremist propaganda, messaging, or recruitment.
``(C) Managing the outreach and engagement
activities of the Department directed toward
communities at risk for radicalization and recruitment
for violent extremist activities.
``(D) Ensuring relevant information, empirically-
valid research, and products inform activities to
counter violent extremism.
``(E) Developing and maintaining a Department-wide
strategy guiding policies and programs to counter
violent extremism. Such strategy shall, at a minimum,
address each of the following:
``(i) The Department's counter-messaging
program pursuant to paragraph (2), including a
plan to leverage new and existing Internet,
digital, and other technologies and social
media platforms to counter violent extremism,
as well as the best practices and lessons
learned of other Federal, State, local, tribal,
territorial, nongovernmental, and foreign
partners engaged in similar counter-messaging
activities.
``(ii) The Department's countering violent
extremism-related engagement and outreach
activities.
``(iii) The use of cooperative agreements
with State, local, tribal, territorial, and
other Federal departments and agencies
responsible for activities relating to
countering violent extremism.
``(iv) Ensuring all activities related to
countering violent extremism fully respect the
privacy, civil rights, and civil liberties of
all Americans.
``(v) The development of qualitative and
quantitative outcome-based metrics to evaluate
the Department's programs and policies to
counter violent extremism.
``(F) Identifying and recommending new research and
analysis requirements in consultation with the Under
Secretary for Science and Technology and the Under
Secretary for Intelligence and Analysis and ensure the
dissemination of information and methods to Federal,
State, local, tribal, and territorial countering
violent extremism practitioners, officials, law
enforcement, and non-governmental partners to utilize
such research and analysis.
``(G) Assessing the methods used by violent
extremists to disseminate propaganda and messaging to
communities at risk for radicalization and recruitment.
``(2) Establishing a counter-messaging program to craft
strategic counter-messages to the propaganda and messaging
referred to in subparagraph (G) of paragraph (1) which shall--
``(A) explore ways to utilize relevant Internet and
other technologies and social media platforms; and
``(B) maximize other resources available to the
Department, including utilizing hiring authorities
available under law.
``(3) Serving as the primary representative of the
Department in coordinating countering violent extremism
activities with other Federal departments and agencies and non-
governmental organizations.
``(4) Serving as the primary Department-level
representative in coordinating with the Department of State on
international countering violent extremism issues.
``(5) In coordination with the Administrator of the Federal
Emergency Management Agency and the Officer for Civil Rights
and Civil Liberties of the Department, providing guidance
regarding the use of grants made to State, local, and tribal
governments under sections 2003 and 2004 under the allowable
uses guidelines related to countering violent extremism.
``(6) Coordinating with the Administrator of the Federal
Emergency Management Agency to administer the grant program
under subsection (f).
``(e) Memorandum of Understanding.--The Assistant Secretary for
Countering Violent Extremism shall enter into a memorandum of
understanding with the Administrator of the Federal Emergency
Management Agency outlining the roles of the Assistant Secretary and
the Administrator with respect to the administration of grants under
sections 2003 and 2004 related to countering violent extremism.
``(f) Grant Program.--
``(1) Establishment.--The Assistant Secretary for
Countering Violent Extremism, in coordination with the
Administrator of the Federal Emergency Management Agency and
the Officer for Civil Rights and Civil Liberties of the
Department, shall establish a grant program for eligible
community groups and organizations to assist such groups and
organizations in establishing counter-messaging campaigns
targeting violent extremism.
``(2) Implementation plan.--Not later than 90 days after
the date of the enactment of this section, the Assistant
Secretary for Countering Violent Extremism, in coordination
with the Administrator of the Federal Emergency Management
Agency and the Officer for Civil Rights and Civil Liberties of
the Department, shall provide to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate an
implementation plan for the grant program under this
subsection, including eligibility criteria, application
criteria, methodology for awarding grants, and a plan for
monitoring and evaluating grant applications and awards.
``(3) Prohibition.--A community group or organization is
not eligible for a grant under this subsection if such group or
organization has knowingly funded violent extremist activities
or organizations known to engage in such activities, as
determined by the Assistant Secretary for Countering Violent
Extremism, in coordination with the heads of other relevant
Federal departments and agencies.
``(g) Annual Report.--The Assistant Secretary for Countering
Violent Extremism shall submit to Congress an annual report for each of
the next five fiscal years (beginning in the fiscal year that begins
after the date of the enactment of this section) on the Office for
Countering Violent Extremism. Each such report shall include the
following:
``(1) A description of the status of the programs and
policies of the Department for countering violent extremism in
the United States, including the budget of the Department for
countering violent extremism and the number of full-time
employees dedicated to countering violent extremism programs,
as well as the number of part-time employees supporting
countering violent extremism programs. Each such budget shall
include an accounting of all funding amounts for all
departmental programs, initiatives, and personnel related to
countering violent extremism.
``(2) A description of the activities of the Office to
cooperate with and provide assistance to other departments and
agencies.
``(3) The qualitative and quantitative outcome-based
metrics under clause (v) of subsection (d)(1)(E) used for
evaluating the success of such programs and policies and the
steps taken to evaluate the success of such programs and
policies.
``(4) A detailed summary of the organizations with which
the Department conducted outreach to discuss countering violent
extremism, an accounting of grants awarded by the Department to
counter violent extremism, and an accounting of all training
specifically aimed at countering violent extremism sponsored by
the Department.
``(5) Details of the optimal level of personnel and funding
for the Office.
``(6) An analysis of how the Department's activities to
counter violent extremism correspond and adapt to the threat
environment.
``(7) A summary of how civil rights and civil liberties are
protected in the Department's activities to counter violent
extremism.
``(8) An evaluation of the grant program under subsection
(f), including information on the effectiveness of such grants
in countering violent extremism.
``(9) A description of how the Office incorporated lessons
learned from the countering violent extremism programs and
policies of other Foreign departments and agencies, as well as
foreign, State, local, tribal, and territorial governments and
stakeholder communities.
``(h) Violent Extremism Defined.--In this section, the term
`violent extremism' means ideologically motivated terrorist activities.
``(i) Authorization of Funding.--Out of funds made available to the
Office of the Secretary, $10,000,000 is authorized to be used for the
Office for Countering Violent Extremism for each of fiscal years 2016
through 2020, of which $6,000,000 shall be used to carry out the grant
program under subsection (f).
``(j) Sunset.--This section shall terminate on the date that is
five years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 103
the following new item:
``Sec. 104. Office for Countering Violent Extremism.''. | Countering Violent Extremism Act of 2015 or the CVE Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) the Office for Countering Violent Extremism, to be headed by an Assistant Secretary for Countering Violent Extremism. The Assistant Secretary is responsible for: coordinating DHS activities to counter violent extremism across all DHS components and offices that conduct strategic and supportive activities to counter such extremism; establishing a program to craft strategic counter-messages to propaganda and messaging disseminated by violent extremists to communities at risk for radicalization and recruitment; serving as the primary representative of DHS in coordinating countering violent extremism activities with other federal agencies and non-governmental organizations. serving as the primary DHS-level representative in coordinating with the Department of State on international countering violent extremism issues; and providing guidance, in coordination with the Federal Emergency Management Agency (FEMA) and the Officer for Civil Rights and Civil Liberties of DHS, regarding the use of grants made to state, local, and tribal governments under the allowable uses guidelines related to countering violent extremism. The Assistant Secretary shall enter into a memorandum of understanding with the Administrator of FEMA outlining the roles of the Assistant Secretary and the Administrator with respect to the administration of grants related to countering violent extremism. The Assistant Secretary, in coordination with the Administrator of FEMA and the Officer for Civil Rights and Civil Liberties of DHS, shall establish, and provide an implementation plan for, a grant program for eligible community groups and organizations to assist them in establishing counter-messaging campaigns targeting violent extremism. A community group or organization that has knowingly funded violent extremist activities or organizations known to engage in such activities is not eligible for such a grant. The Assistant Secretary shall submit to Congress an annual report for each of the next five fiscal years (beginning in the fiscal year that begins after the date of the enactment of this section) on the Office for Countering Violent Extremism. Each such report shall include: a description of the status of the programs and policies of the DHS for countering violent extremism in the United States; a description of the activities of the Office to cooperate with and provide assistance to other agencies; the qualitative and quantitative outcome-based metrics used for evaluating the success of such programs and policies and the steps taken to evaluate the success of such programs and policies; a detailed summary of the organizations with which DHS conducted outreach to discuss countering violent extremism, an accounting of grants awarded by DHS to counter violent extremism, and an accounting of all training specifically aimed at countering violent extremism sponsored by DHS; details of the optimal level of personnel and funding for the Office; an analysis of how DHS's activities to counter violent extremism correspond and adapt to the threat environment; a summary of how civil rights and civil liberties are protected in DHS's activities to counter violent extremism; an evaluation of the grant program, including the effectiveness of grants in countering violent extremism; and a description of how the Office incorporated lessons learned from the countering violent extremism programs and policies of other foreign agencies. Funds made available to the Office of the Secretary of DHS are authorized to be used for the Office for Countering Violent Extremism for each of FY2016-FY2020. This Act shall terminate five years after the enactment of this Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern New Jersey Veterans
Comprehensive Health Care Act''.
SEC. 2. FINDINGS; DEFINITION.
(a) Findings.--Congress finds the following:
(1) The current and future health care needs of veterans
residing in the eight southern counties of New Jersey are not
being fully met by the Department of Veterans Affairs.
(2) Travel times for southern New Jersey veterans to
existing Department of Veterans Affairs health care facilities
in Pennsylvania and Delaware fall within the Department of
Veterans Affairs health planning criteria, but those criteria
fail to recognize that the area is largely rural and its
roadways are congested, creating significant access barriers to
veterans in need of care and thereby resulting in suppressed
demand for care.
(3) Projections of future growth in demand for health care
by veterans in southern New Jersey support sustainable
enrollment of veterans needing Department of Veterans Affairs
health care.
(4) The number of veterans residing in southern New Jersey
is increasing as more veterans retire in the area and new
veterans seek services in the wake of large-scale deployments
of National Guard and Reservists from the area. According to
United States census data, the veteran population in the eight
counties of southern New Jersey is greater than 235,000.
(5) By the end of 2004, 62 percent of the serving members
of the New Jersey National Guard will have been deployed on
active duty in support of the global war on terror and will be
eligible for enrollment in the Department of Veterans Affairs
health care system.
(b) Definition.--For purposes of this Act, the term ``southern New
Jersey'' means the following counties of the State of New Jersey:
Ocean, Burlington, Camden, Gloucester, Salem, Cumberland, Atlantic, and
Cape May.
SEC. 3. MEDICAL CARE FOR VETERANS IN SOUTHERN NEW JERSEY.
(a) Determination.--Not later than March 15, 2006, the Secretary of
Veterans Affairs shall determine, and notify Congress pursuant to
subsection (b), whether the needs of veterans in southern New Jersey
for full-service medical care shall be met--
(1) through a project for a public-private venture to
provide inpatient and outpatient services and long-term care to
veterans at an existing facility in southern New Jersey; or
(2) through a project for construction of a new full-
service, 100-bed Department of Veterans Affairs medical center
in southern New Jersey.
(b) Notification and Prospectus.--Not later than March 15, 2006,
the Secretary of Veterans Affairs shall submit to Congress a report--
(1) identifying which of the two options specified in
subsection (a) has been selected by the Secretary; and
(2) providing, for the option selected, a prospectus that
includes, at a minimum, the matter specified in paragraphs (1)
through (8) of section 8104(b) of title 38, United States Code,
and the project time lines.
SEC. 4. PUBLIC-PRIVATE VENTURE FOR MEDICAL CARE FOR VETERANS IN
SOUTHERN NEW JERSEY.
(a) Project.--If the option selected by the Secretary of Veterans
Affairs under section 3(a) is the option specified in paragraph (1) of
that section for a project for a public-private venture to provide
inpatient and outpatient services and long-term care to veterans at an
existing facility in southern New Jersey, then the Secretary shall,
subject to the availability of appropriations for such purpose, take
such steps as necessary to enter into an agreement with an appropriate
private-sector entity to provide for inpatient and outpatient services
and long-term care for veterans at an existing facility in southern New
Jersey. Such an agreement may include provision for construction of a
new wing or other addition at such facility to provide additional
services that will, under the agreement, be leased by the United States
and dedicated to care and treatment of veterans by the Secretary under
title 38, United States Code.
(b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as necessary for a public-private venture
project under this section.
SEC. 5. NEW DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, SOUTHERN NEW
JERSEY.
(a) Project Authorization.--If the option selected by the Secretary
of Veterans Affairs under section 3(a) is the option specified in
paragraph (2) of that section for a project for construction of a new
full-service, 100-bed Department of Veterans Affairs medical center in
southern New Jersey, then the Secretary shall, subject to the
availability of appropriations for such purpose, carry out a major
medical facility construction project for construction in southern New
Jersey of a 100-bed medical facility providing inpatient and outpatient
services and long-term care. Such facility shall be located in the
county in southern New Jersey that the Secretary determines most
suitable to meet the health care needs of veterans in the region.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Construction, Major Projects, account of the
Department of Veterans Affairs, in addition to any other amounts
authorized for that account, the amount of $120,000,000 for the project
authorized by subsection (a). | Southern New Jersey Veterans Comprehensive Health Care Act - Directs the Secretary of Veterans Affairs to determine, and notify Congress, whether the needs of veterans in southern New Jersey (the counties of Ocean, Burlington, Camden, Gloucester, Salem, Cumberland, Atlantic, and Cape May) for full-service medical care shall be met through a project for: (1) a public-private venture to provide inpatient and outpatient services and long-term care to veterans at an existing facility in southern New Jersey; or (2) construction of a new full-service, 100-bed Department of Veterans Affairs medical center in southern New Jersey.
Directs the Secretary: (1) if the public-private venture option is chosen, to enter into an appropriate agreement for the provision of such care and services; or (2) if the new construction option is chosen, to carry out an appropriate major medical facility construction project for such purpose. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Senior Citizens Relief Act
of 2010''.
SEC. 2. EXTENSION AND MODIFICATION OF CERTAIN ECONOMIC RECOVERY
PAYMENTS.
(a) Extension and Modification of Payments.--Section 2201 of the
American Recovery and Reinvestment Tax Act of 2009 is amended--
(1) in subsection (a)(1)(A)--
(A) by inserting ``for each of calendar years 2009
and 2011'' after ``shall disburse'',
(B) by inserting ``(for purposes of payments made
for calendar year 2009), or the 3-month period ending
with December 2010 (for purposes of payments made for
calendar year 2011)'' after ``the date of the enactment
of this Act'', and
(C) by adding at the end the following new
sentence: ``In the case of an individual who is
eligible for a payment under the preceding sentence by
reason of entitlement to a benefit described in
subparagraph (B)(i), no such payment shall be made to
such individual for calendar year 2011 unless such
individual was paid a benefit described in such
subparagraph (B)(i) for any month in the 12-month
period ending with December 2010.'',
(2) in subsection (a)(1)(B)(iii), by inserting ``(for
purposes of payments made under this paragraph for calendar
year 2009), or the 3-month period ending with December 2010
(for purposes of payments made under this paragraph for
calendar year 2011)'' before the period at the end,
(3) in subsection (a)(2)--
(A) by inserting ``, or who are utilizing a foreign
or domestic Army Post Office, Fleet Post Office, or
Diplomatic Post Office address'' after ``Northern
Mariana Islands'', and
(B) by striking ``current address of record'' and
inserting ``address of record, as of the date of
certification under subsection (b) for a payment under
this section'',
(4) in subsection (a)(3)--
(A) by inserting ``per calendar year (determined
with respect to the calendar year for which the payment
is made, and without regard to the date such payment is
actually paid to such individual)'' after ``only 1
payment under this section'', and
(B) by inserting ``FOR THE SAME YEAR'' after
``PAYMENTS'' in the heading thereof,
(5) in subsection (a)(4)--
(A) by inserting ``(or, in the case of subparagraph
(D), shall not be due)'' after ``made'' in the matter
preceding subparagraph (A),
(B) by striking subparagraph (A) and inserting the
following:
``(A) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if --
``(i) for the most recent month of such
individual's entitlement in the applicable 3-
month period described in paragraph (1); or
``(ii) for any month thereafter which is
before the month after the month of the
payment;
such individual's benefit under such paragraph was not
payable by reason of subsection (x) or (y) of section
202 of the Social Security Act (42 U.S.C. 402) or
section 1129A of such Act (42 U.S.C. 1320a-8a);'',
(C) in subparagraph (B), by striking ``3 month
period'' and inserting ``applicable 3-month period'',
(D) by striking subparagraph (C) and inserting the
following:
``(C) in the case of an individual entitled to a
benefit specified in paragraph (1)(C) if--
``(i) for the most recent month of such
individual's eligibility in the applicable 3-
month period described in paragraph (1); or
``(ii) for any month thereafter which is
before the month after the month of the
payment;
such individual's benefit under such paragraph was not
able by reason of subsection (e)(1)(A) or (e)(4) of
section 1611 (42 U.S.C. 1382) or section 1129A of such
Act (42 U.S.C. 1320a-8a); or''
(E) by striking subparagraph (D) and inserting the
following:
``(D) in the case of any individual whose date of
death occurs--
``(i) before the date of receipt of the
payment; or
``(ii) in the case of a direct deposit,
before the date on which such payment is
deposited into such individual's account.'',
(F) by adding at the end the following flush
sentence:
``In the case of any individual whose date of death occurs
before a payment is negotiated (in the case of a check) or
deposited (in the case of a direct deposit), such payment shall
not be due and shall not be reissued to the estate of such
individual or to any other person.'', and
(G) by adding at the end, as amended by
subparagraph (F), the following new sentence:
``Subparagraphs (A)(ii) and (C)(ii) shall apply only in
the case of certifications under subsection (b) which
are, or but for this paragraph would be, made after the
date of the enactment of Emergency Senior Citizens
Relief Act of 2010, and shall apply to such
certifications without regard to the calendar year of
the payments to which such certifications apply.''.
(6) in subsection (a)(5)--
(A) by inserting ``, in the case of payments for
calendar year 2009, and no later than April 30, 2011,
in the case of payments for calendar year 2011'' before
the period at the end of the first sentence of
subparagraph (A), and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Deadline.--No payment for calendar year 2009
shall be disbursed under this section after December
31, 2010, and no payment for calendar year 2011 shall
be disbursed under this section after December 31,
2012, regardless of any determinations of entitlement
to, or eligibility for, such payment made after
whichever of such dates is applicable to such
payment.'',
(7) in subsection (b), by inserting ``(except that such
certification shall be affected by a determination that an
individual is an individual described in subparagraph (A), (B),
(C), or (D) of subsection (a)(4) during a period described in
such subparagraphs), and no individual shall be certified to
receive a payment under this section for a calendar year if
such individual has at any time been denied certification for
such a payment for such calendar year by reason of subparagraph
(A)(ii) or (C)(ii) of subsection (a)(4) (unless such individual
is subsequently determined not to have been an individual
described in either such subparagraph at the time of such
denial)'' before the period at the end of the last sentence,
(8) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) Payments subject to offset and reclamation.--
Notwithstanding paragraph (3), any payment made under this
section--
``(A) shall, in the case of a payment by direct
deposit which is made after the date of the enactment
of the Emergency Senior Citizens Relief Act of 2010, be
subject to the reclamation provisions under subpart B
of part 210 of title 31, Code of Federal Regulations
(relating to reclamation of benefit payments); and
``(B) shall not, for purposes of section 3716 of
title 31, United States Code, be considered a benefit
payment or cash benefit made under the applicable
program described in subparagraph (B) or (C) of
subsection (a)(1), and all amounts paid shall be
subject to offset under such section 3716 to collect
delinquent debts.'',
(9) in subsection (e)--
(A) by striking ``2011'' and inserting ``2013'',
(B) by inserting ``section 2(b) of the Emergency
Senior Citizens Relief Act of 2010,'' after ``section
2202,'' in paragraph (1), and
(C) by adding at the following new paragraph:
``(5)(A) For the Secretary of the Treasury, an additional
$5,200,000 for purposes described in paragraph (1).
``(B) For the Commissioner of Social Security, an
additional $5,000,000 for the purposes described in paragraph
(2)(B).
``(C) For the Railroad Retirement Board, an additional
$600,000 for the purposes described in paragraph (3)(B).
``(D) For the Secretary of Veterans Affairs, an additional
$625,000 for the Information Systems Technology account''.
(b) Extension of Special Credit for Certain Government Retirees.--
(1) In general.--In the case of an eligible individual (as
defined in section 2202(b) of the American Recovery and
Reinvestment Tax Act of 2009, applied by substituting ``2011''
for ``2009''), with respect to the first taxable year of such
individual beginning in 2011, section 2202 of the American
Recovery and Reinvestment Tax Act of 2009 shall be applied by
substituting ``2011'' for ``2009'' each place it appears.
(2) Conforming amendment.--Subsection (c) of section 36A of
the Internal Revenue Code of 1986 is amended by inserting ``,
and any credit allowed to the taxpayer under section 2(b)(1) of
the Emergency Senior Citizens Relief Act of 2010'' after ``the
American Recovery and Reinvestment Tax Act of 2009''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in paragraph
(2), the amendments made by this section shall take effect on
the date of the enactment of this Act.
(2) Application of rule relating to deceased individuals.--
The amendment made by subsection (a)(5)(F) shall take effect as
if included in section 2201 of the American Recovery and
Reinvestment Tax Act of 2009. | Emergency Senior Citizens Relief Act of 2010 - Amends the Assistance for Unemployed Workers and Struggling Families Act, title II of the American Recovery and Reinvestment Tax Act of 2009, to extend: (1) through 2011 the $250 economic recovery payments to recipients of Social Security, Supplemental Security Income (SSI) (title XVI of the Social Security Act), railroad retirement benefits, and veterans disability compensation or pension benefits; and (2) through 2011 the special tax credit for certain government retirees.
Makes additional appropriations through FY2013 to cover such payments. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commodity Futures Restoration Act''.
SEC. 2. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION
EXTENDED TO DERIVATIVES INVOLVING ENERGY COMMODITIES.
(a) Removal of Energy Commodities From Definition of Exempt
Commodity.--Section 1a(14) of the Commodity Exchange Act (7 U.S.C.
1a(14)) is amended by inserting ``, an energy commodity,'' after
``excluded commodity''.
(b) Energy Commodity Defined.--Section 1a of the Commodity Exchange
Act (7 U.S.C. 1a) is amended--
(1) by redesignating paragraphs (13) through (34) as
paragraphs (14) through (35), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) Energy commodity.--The term `energy commodity'
means--
``(A) coal;
``(B) crude oil, gasoline, diesel fuel, heating
oil, and propane;
``(C) electricity;
``(D) natural gas; and
``(E) any other commodity (other than an excluded
commodity, a metal, or an agricultural commodity) that
is used as a source of energy, as the Commission deems
appropriate.''.
SEC. 3. NARROWING OF THE FOREIGN BOARD OF TRADE EXCEPTION TO THE
REQUIREMENT THAT CERTAIN FUTURES TRANSACTIONS BE
CONDUCTED ON OR THROUGH A DESIGNATED CONTRACT MARKET OR
DERIVATIVES TRANSACTION EXECUTION FACILITY.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(e)(1) For purposes of this Act, a board of trade, exchange, or
market shall not be considered to be foreign or located outside the
United States if--
``(A) the board of trade, exchange, or market has an
affiliate located in the United States;
``(B) a contract of sale of a commodity other than an
exempt commodity for future delivery in the United States is
executed or traded on or through the board of trade, exchange,
or market; or
``(C) a significant price discovery contract is executed or
traded on or through the board of trade, exchange, or market.
``(2) For the purposes of paragraph (1)(A), an entity is deemed to
be an affiliate of a board of trade, exchange or market if--
``(A) the entity owns 50 percent or more of the board of
trade, exchange, or market;
``(B) the board, exchange, or market owns 50 percent or
more of the entity; or
``(C) a third person owns 50 percent or more of the entity
and 50 percent or more of the board of trade, exchange, or
market.''.
SEC. 4. JURISDICTION OF THE COMMODITY FUTURES TRADING COMMISSION
EXTENDED TO SWAPS INVOLVING AN ENERGY COMMODITY.
(a) Elimination of Exemption for Excluded Swap Transactions
Involving an Energy Commodity.--Section 2(g) of the Commodity Exchange
Act (7 U.S.C. 2(g)) is amended by inserting ``or an energy commodity''
after ``agricultural commodity''.
(b) Swaps Involving an Energy Commodity To Be Taken Into Account in
Determining Compliance With Position and Transaction Limits, Without
Regard to Exemption for Bona Fide Hedging Transactions.--Section 4a(c)
of such Act (7 U.S.C. 6a(c)) is amended by adding at the end the
following: ``The preceding provisions of this subsection shall not
apply to swaps that involve an energy commodity.''.
SEC. 5. PROGRESS REPORT.
(a) Report on Limits Fixed With Respect to Energy Commodities.--
Within 90 day after the effective date of this Act, the Commodity
Futures Trading Commission shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report on--
(1) the progress of the Commission in implementing the
amendments made by the preceding provisions of this Act,
including an explanation of--
(A) any exemptions provided by the Commission from
the requirements resulting from any such amendment; and
(B) if the Commission has not established position
limits with respect to contracts of sale of an energy
commodity for future delivery, why the Commission has
not done so; and
(2) any margin requirements applicable to transactions in
the contracts.
(b) Definitions.--The terms used in subsection (a) shall have the
meanings given the terms in the Commodity Exchange Act.
SEC. 6. FEDERAL ENERGY REGULATORY COMMISSION OVERSIGHT.
Nothing in this Act shall affect the authority of the Federal
Energy Regulatory Commission under the Natural Gas Act (15 U.S.C. 717
et seq.) or any other law to obtain information or otherwise carry out
the responsibilities of the Federal Energy Regulatory Commission.
SEC. 7. FEDERAL TRADE COMMISSION AUTHORITY OVER MARKET MANIPULATION.
Nothing in this Act shall be construed as interfering with the
prohibition contained in subtitle B of title VIII of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17301 et seq.) or the
authority of the Federal Trade Commission to enforce such subtitle.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 6
months after the date of the enactment of this Act. | Commodity Futures Restoration Act - Amends the Commodity Exchange Act to remove "energy commodity" from the category of exempt commodities (thus bringing "energy commodity" within the purview of the Act and extending the jurisdiction of the Commodity Futures Trading Commission (CFTC) to derivatives and swaps involving energy commodities).
Declares that a board of trade, exchange, or market shall not be considered to be foreign or located outside the United States if: (1) it has an affiliate located in the United States; or (2) a contract of sale of a commodity, or a significant price discovery contract, is executed or traded on such board of trade, exchange, or market. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Perchlorate Contamination
Remediation Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide grants for remediation of perchlorate
contamination of water sources and supplies (including
wellheads) in the State;
(2) to provide grants for research and development of
perchlorate remediation technologies; and
(3) to express the sense of Congress that the Administrator
should establish a national drinking water standard for
perchlorate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) California water authority.--The term ``California
water authority'' means a public water district, public water
utility, public water planning agency, municipality, or Indian
tribe that is--
(A) located in a region identified under section
4(b)(3)(B); and
(B) in operation as of the date of enactment of
this Act.
(3) Fund.--The term ``Fund'' means the California
Perchlorate Cleanup Fund established by section 4(a)(1).
(4) State.--The term ``State'' means the State of
California.
SEC. 4. CALIFORNIA PERCHLORATE REMEDIATION GRANTS.
(a) Perchlorate Cleanup Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``California
Perchlorate Cleanup Fund'', consisting of--
(A) any amount appropriated to the Fund under
section 7; and
(B) any interest earned on investment of amounts in
the Fund under paragraph (3).
(2) Expenditures from fund.--
(A) In general.--Subject to subparagraph (B), on
receipt of a request by the Administrator, the
Secretary of the Treasury shall transfer to the
Administrator such amounts as the Administrator
determines to be necessary to provide grants under
subsections (b) and (c).
(B) Administrative expenses.--An amount not to
exceed 0.4 percent of the amounts in the Fund may be
used to pay the administrative expenses necessary to
carry out this subsection.
(3) Investment of amounts.--
(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
(B) Interest-bearing obligations.--Investments may
be made only in interest-bearing obligations of the
United States.
(C) Acquisition of obligations.--For the purpose of
investments under subparagraph (A), obligations may be
acquired--
(i) on original issue at the issue price;
or
(ii) by purchase of outstanding obligations
at the market price.
(D) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
(E) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
(b) Cleanup Grants.--
(1) In general.--Subject to paragraph (3), the
Administrator shall provide grants to California water
authorities, the total amount of which shall not exceed
$50,000,000, to pay the Federal share of the cost of activities
relating to cleanup of water sources and supplies (including
wellheads) in the State that are contaminated by perchlorate.
(2) Federal share.--The Federal share of the cost of an
activity described in paragraph (1) shall not exceed 50
percent.
(3) Eligibility; priority.--
(A) Eligibility.--A California water authority that
the Administrator determines to be responsible for
perchlorate contamination shall not be eligible to
receive a grant under this subsection.
(B) Priority.--In providing grants under this
subsection, the Administrator shall give priority to an
activity described in paragraph (1) that is carried out
in 1 or more of the following regions in the State:
(i) The Santa Clara Valley.
(ii) A region within the natural watershed
of the Santa Ana River.
(iii) The San Gabriel Valley.
(iv) Sacramento County.
(v) Any other region that has a damaged
water source as a result of perchlorate
contamination, as determined by the
Administrator.
(c) Research and Development Grants.--
(1) In general.--The Administrator shall provide grants,
the total amount of which shall not exceed $8,000,000, to
qualified non-Federal entities (as determined by the
Administrator) for use in carrying out research and development
of perchlorate remediation technologies.
(2) Maximum amount of grant.--The amount of a grant
provided under paragraph (1) shall not exceed $1,000,000.
SEC. 5. EFFECT OF ACT.
Nothing in this Act affects any authority or program of a Federal
or State agency in existence on the date of enactment of this Act.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the Administrator should establish
a national drinking water standard for perchlorate as soon as
practicable after the date of enactment of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$58,000,000, to remain available until expended. | California Perchlorate Contamination Remediation Act - Establishes the California Perchlorate Cleanup Fund. Directs the Secretary of the Treasury to transfer amounts from the Fund to the Administrator of the Environmental Protection Agency (EPA) for the federal share of grants to California water authorities for the cleanup of water sources and supplies contaminated by perchlorate. Directs the Administrator, in awarding such grants, to give priority to activities in the Santa Clara Valley, the San Gabriel Valley, Sacramento County, a region within the natural watershed of the Santa Ana River, and any other region that has a damaged water source contaminated with perchlorate.
Authorizes the Administrator to provide grants to nonfederal entities for research and development of perchlorate remediation technologies.
Urges the Administrator to establish a national drinking water standard for perchlorate. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoration of Emergency
Unemployment Compensation Act of 2010''.
SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.
(a) In General.--(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended--
(A) by striking ``June 2, 2010'' each place it appears and
inserting ``November 30, 2010'';
(B) in the heading for subsection (b)(2), by striking
``June 2, 2010'' and inserting ``November 30, 2010''; and
(C) in subsection (b)(3), by striking ``November 6, 2010''
and inserting ``April 30, 2011''.
(2) Section 2005 of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 444), is amended--
(A) by striking ``June 2, 2010'' each place it appears and
inserting ``December 1, 2010''; and
(B) in subsection (c), by striking ``November 6, 2010'' and
inserting ``May 1, 2011''.
(3) Section 5 of the Unemployment Compensation Extension Act of
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking
``November 6, 2010'' and inserting ``April 30, 2011''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (E) the following:
``(F) the amendments made by section 2(a)(1) of the
Restoration of Emergency Unemployment Compensation Act
of 2010; and''.
(c) Conditions for Receiving Emergency Unemployment Compensation.--
Section 4001(d)(2) of the Supplemental Appropriations Act, 2008 (Public
Law 110-252; 26 U.S.C. 3304 note) is amended, in the matter preceding
subparagraph (A), by inserting before ``shall apply'' the following:
``(including terms and conditions relating to availability for work,
active search for work, and refusal to accept work)''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Continuing Extension Act
of 2010 (Public Law 111-157).
SEC. 3. COORDINATION OF EMERGENCY UNEMPLOYMENT COMPENSATION WITH
REGULAR COMPENSATION.
(a) Certain Individuals Not Ineligible by Reason of New Entitlement
to Regular Benefits.--Section 4002 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by
adding at the end the following:
``(g) Coordination of Emergency Unemployment Compensation With
Regular Compensation.--
``(1) If--
``(A) an individual has been determined to be
entitled to emergency unemployment compensation with
respect to a benefit year,
``(B) that benefit year has expired,
``(C) that individual has remaining entitlement to
emergency unemployment compensation with respect to
that benefit year, and
``(D) that individual would qualify for a new
benefit year in which the weekly benefit amount of
regular compensation is at least either $100 or 25
percent less than the individual's weekly benefit
amount in the benefit year referred to in subparagraph
(A),
then the State shall determine eligibility for compensation as
provided in paragraph (2).
``(2) For individuals described in paragraph (1), the State
shall determine whether the individual is to be paid emergency
unemployment compensation or regular compensation for a week of
unemployment using one of the following methods:
``(A) The State shall, if permitted by State law,
establish a new benefit year, but defer the payment of
regular compensation with respect to that new benefit
year until exhaustion of all emergency unemployment
compensation payable with respect to the benefit year
referred to in paragraph (1)(A);
``(B) The State shall, if permitted by State law,
defer the establishment of a new benefit year (which
uses all the wages and employment which would have been
used to establish a benefit year but for the
application of this paragraph), until exhaustion of all
emergency unemployment compensation payable with
respect to the benefit year referred to in paragraph
(1)(A);
``(C) The State shall pay, if permitted by State
law--
``(i) regular compensation equal to the
weekly benefit amount established under the new
benefit year, and
``(ii) emergency unemployment compensation
equal to the difference between that weekly
benefit amount and the weekly benefit amount
for the expired benefit year; or
``(D) The State shall determine rights to emergency
unemployment compensation without regard to any rights
to regular compensation if the individual elects to not
file a claim for regular compensation under the new
benefit year.''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals whose benefit years, as described in section
4002(g)(1)(B) the Supplemental Appropriations Act, 2008 (Public Law
110-252; 26 U.S.C. 3304 note), as amended by this section, expire after
the date of enactment of this Act.
SEC. 4. REQUIRING STATES TO NOT REDUCE REGULAR COMPENSATION IN ORDER TO
BE ELIGIBLE FOR FUNDS UNDER THE EMERGENCY UNEMPLOYMENT
COMPENSATION PROGRAM.
Section 4001 of the Supplemental Appropriations Act, 2008 (Public
Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the
following new subsection:
``(g) Nonreduction Rule.--An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that the method governing the
computation of regular compensation under the State law of that State
has been modified in a manner such that--
``(1) the average weekly benefit amount of regular
compensation which will be payable during the period of the
agreement occurring on or after June 2, 2010 (determined
disregarding any additional amounts attributable to the
modification described in section 2002(b)(1) of the Assistance
for Unemployed Workers and Struggling Families Act, as
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat.
438)), will be less than
``(2) the average weekly benefit amount of regular
compensation which would otherwise have been payable during
such period under the State law, as in effect on June 2,
2010.''.
SEC. 5. PROCEDURES.
Section 4001 of the Supplemental Appropriations Act, 2008 (Public
Law 110-252; 26 U.S.C. 3304 note), as amended by section 4, is amended
by adding at the end the following new subsection:
``(h) Procedures.--Any State with an agreement under this Act shall
implement reasonable procedures to--
``(1) ensure that benefits under this Act are not provided
to any person who appears on any current list of known or
suspected terrorists provided to the State by any government
agency;
``(2) ensure that benefits under this Act are not provided
to any individual convicted of a sex offense against a minor
(as such terms are defined in section 111 of the Sex Offender
Registration and Notification Act (42 U.S.C. 16911)); and
``(3) ensure that the State is enforcing requirements under
subsection (f) of this section to bar unauthorized aliens from
receiving emergency unemployment compensation under this
Act.''.
SEC. 6. BUDGETARY PROVISIONS.
(a) Statutory PAYGO.--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 House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
(b) Emergency Designations.--Sections 2 and 3--
(1) are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public
Law 111-139; 2 U.S.C. 933(g));
(2) in the House of Representatives, are designated as an
emergency for purposes of pay-as-you-go principles; and
(3) in the Senate, are designated as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
Passed the House of Representatives July 1, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Restoration of Emergency Unemployment Compensation Act of 2010 - (Sec. 2) Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through November 30, 2010. Postpones the termination of the program until April 30, 2011.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until December 1, 2010, requirements that federal payments to states cover 100% of EUC.
Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and April 30, 2011, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.)
(Sec. 3) Amends the Supplemental Appropriations Act, 2008 to apply to claims for EUC payments the terms and conditions of state unemployment compensation law relating to availability of work, active search for work, and refusal to accept work. Requires a state to determine whether an individual is to be paid EUC or regular compensation for a week of unemployment by using one of four specified methods if: (1) an individual has been determined to be entitled to EUC for a benefit year; (2) that benefit year has expired; and (3) such individual has remaining entitlement to EUC for that benefit year, and would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25% less than the individual's weekly benefit amount in such benefit year.
(Sec. 4) Declares that federal-state agreements under which the state agency makes EUC payments to certain individuals shall not apply (or shall cease to apply) with respect to a state whose method for computing regular compensation under such state's law has been modified in a manner that reduces the average weekly benefit amount of regular compensation payable on or after June 2, 2010, to less than the average weekly benefit amount of regular compensation otherwise payable under the state law as in effect on such date. (Thus prohibits states from reducing regular compensation in order to be eligible for federal funds under the EUC program.)
(Sec. 5) Requires any state with an EUC agreement under the Supplemental Appropriations Act, 2008 to implement reasonable procedures to ensure that: (1) EUC benefits are not provided to persons who appear on any current list of known or suspected terrorists provided to the state by any government agency; (2) such benefits are not provided to individuals convicted of a sex offense against a minor; and (3) the state is enforcing requirements under the Act to bar unauthorized aliens from receiving EUC under this Act.
(Sec. 6) Designates Sec. 2 and Sec. 3 as an emergency in the House of Representatives pursuant to the Statutory Pay-As-You-Go Act of 2010 and in the Senate as an emergency requirement. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom and Privacy Restoration Act
of 1999''.
SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER.
(a) Repeal of Provisions Authorizing Use of the Social Security
Account Number.--Subparagraph (C) of section 205(c)(2) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) is amended by striking ``(C)(i)
It is the policy'' and all that follows through clause (vi) and
inserting the following:
``(C)(i) Except as otherwise provided in this paragraph, no agency
or instrumentality of the Federal Government, any State, any political
subdivision of a State, or any combination of the foregoing may use a
social security account number issued under this subsection or any
derivative of such a number as the means of identifying any individual.
``(ii) Clause (i) shall not apply with respect to the use of the
social security account number as an identifying number to the extent
provided in section 6109(d) of the Internal Revenue Code of 1986
(relating to use of the social security account number for social
security and related purposes).
``(iii) If and to the extent that any provision of Federal law
enacted before January 1, 2001, is inconsistent with the policy set
forth in clause (i), such provision shall, on and after such date, be
null, void, and of no effect.''.
(b) Conforming Amendments.--
(1) Clauses (vii) and (viii) of section 205(c)(2)(D) of
such Act (42 U.S.C. 405(c)(2)(D)(vii) and (viii)) are
redesignated as clauses (iv) and (v), respectively.
(2) Subsection (d) of section 6109 of the Internal Revenue
Code of 1986 is amended--
(A) in the heading, by inserting ``for Social
Security and Related Purposes'' after ``Number''; and
(B) by striking ``this title'' and inserting
``section 86, chapter 2, and subtitle C of this
title''.
SEC. 3. CONFORMING AMENDMENTS TO PRIVACY ACT OF 1974.
Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat.
1909) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) The provisions of paragraph (1) of this subsection shall not
apply with respect to any disclosure which is required under
regulations of the Commissioner of Social Security pursuant to section
205(c)(2) of the Social Security Act or under regulations of the
Secretary of the Treasury pursuant to section 6109(d) of the Internal
Revenue Code of 1986.'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Except with respect to disclosures described in subsection
(a)(2), no agency or instrumentality of the Federal Government, a
State, a political subdivision of a State, or any combination of the
foregoing may request an individual to disclose his social security
account number, on either a mandatory or voluntary basis.''.
SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS.
(a) In General.--Except as authorized under section 205(c)(2) of
the Social Security Act, any two agencies or instrumentalities of the
Federal Government may not implement the same identifying number with
respect to any individual.
(b) Identifying Numbers.--For purposes of this section--
(1) the term ``identifying number'' with respect to an
individual means any combination of alpha-numeric symbols which
serves to identify such individual, and
(2) any identifying number and any one or more derivatives
of such number shall be treated as the same identifying number.
SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS.
(a) In General.--Subject to subsection (b), a Federal agency may
not--
(1) establish or mandate a uniform standard for
identification of an individual that is required to be used by
any other Federal agency, a State agency, or a private person
for any purpose other than the purpose of conducting the
authorized activities of the Federal agency establishing or
mandating the standard; or
(2) condition receipt of any Federal grant or contract or
other Federal funding on the adoption, by a State, a State
agency, or a political subdivision of a State, of a uniform
standard for identification of an individual.
(b) Transactions Between Private Persons.--Notwithstanding
subsection (a), a Federal agency may not establish or mandate a uniform
standard for identification of an individual that is required to be
used within the agency, or by any other Federal agency, a State agency,
or a private person, for the purpose of--
(1) investigating, monitoring, overseeing, or otherwise
regulating a transaction to which the Federal Government is not
a party; or
(2) administrative simplification.
(c) Repealer.--Any provision of Federal law enacted before, on, or
after the date of the enactment of this Act that is inconsistent with
subsection (a) or (b) is repealed, including sections 1173(b) and
1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C.
1320d-6(a)(1)) and section 656 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note).
(d) Definitions.--For purposes of this section:
(1) Agency.--The term ``agency'' means any of the
following:
(A) An Executive agency (as defined in section 105
of title 5, United States Code).
(B) A military department (as defined in section
102 of such title).
(C) An agency in the executive branch of a State
government.
(D) An agency in the legislative branch of the
Government of the United States or a State government.
(E) An agency in the judicial branch of the
Government of the United States or a State government.
(2) State.--The term ``State'' means any of the several
States, the District of Columbia, the Virgin Islands, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau.
SEC. 6. EFFECTIVE DATE.
The provisions of this Act, including the amendments made thereby,
shall take effect January 1, 2001. | Freedom and Privacy Restoration Act of 1999 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit any Federal, State, or local government agency or instrumentality from using a social security account number or any derivative as the means of identifying any individual, except for specified social security and tax purposes.
Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency or instrumentality from requesting an individual to disclose his social security account number on either a mandatory or a voluntary basis.
Prohibits any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual, except as authorized under this Act.
Prohibits a Federal agency from: (1) establishing or mandating a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) conditioning receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual.
Prohibits a Federal agency from establishing or mandating a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of: (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification. | billsum_train |
Create a summary of the following text: SECTION 1. FINDINGS AND PURPOSES.
(a) Initial Findings.--The Congress finds the following:
(1) Over the last 5 decades, billions of dollars in social
security taxes have been paid by American workers but have not
been credited to their social security earnings records. When
the Social Security Administration is not able to match
information on annual earnings reports to existing workers'
earnings records, the amount of such earnings reported are
credited by the Administration in a ``suspense file'' of
uncredited earnings.
(2) Largely due to the inflexible matching policy of the
Social Security Administration and an unacceptable number of
errors made by employers on annual earnings reports submitted
to the Administration, the suspense file has accumulated
approximately 200,000,000 individual earnings reports totaling
approximately $200,000,000,000 in earnings. These numbers
continue to grow.
(3) Because earnings are used to determine an individual's
eligibility and benefit amount, uncredited earnings can affect
social security benefit payments. Current beneficiaries have
lost, and continue to lose, benefits because of the failure of
the Social Security Administration to correctly credit their
earnings. This has the practical effect of denying millions of
hard-working Americans up to hundreds of dollars on their
monthly retirement or disability benefits.
(b) Further Findings.--The Congress further finds the following:
(1) Current and future retirees should receive the full
social security benefits to which they are entitled.
(2) The impact of uncredited earnings on social security
beneficiaries has not been adequately determined. An
examination of the practical effects of uncredited earnings on
individuals' benefits should be conducted, in order that
beneficiaries who are due higher benefits or retroactive
payments can be compensated accordingly.
(c) Purpose.--It is the purpose of this Act to ensure that the
Social Security Administration, together with the Secretary of the
Treasury, will take prompt action to--
(1) determine and implement an effective procedure to
reconcile the wage reports currently in the suspense file to
the rightful beneficiaries, and
(2) put in place a system that will prevent further
mismatches.
SEC. 2. STUDY.
(a) In General.--The Commissioner of Social Security and the
Secretary of the Treasury shall jointly undertake, as soon as
practicable after the date of the enactment of this Act, a thorough
study with respect to the inability of the Social Security
Administration to provide for American workers their full social
security benefits by reason of insufficiency of information held by the
Administration necessary for correctly identifying accounts for the
earnings of such workers.
(b) Matters To Be Studied.--The Commissioner and the Secretary, in
their study under this section, shall address, analyze, and report
specifically on the following matters:
(1) the extent of, and the reasons for, the inability of
the Social Security Administration to maintain accurate and
current records of every worker's annual earnings sufficient
for determining eligibility for, and the correct amount of,
monthly insurance benefits under title II of the Social
Security Act,
(2) proposals for an effective procedure for eliminating
the current backlog of uncredited earnings in the suspense file
maintained by the Social Security Administration,
(3) proposals for an effective procedure for resolving new
discrepancies which would result in new uncredited earnings,
and
(4) any additional resources which the Social Security
Administration would require to carry out effective procedures
described in paragraphs (2) and (3).
SEC. 3. REMEDIAL MEASURES.
Pursuant to the study carried out under section 2, the Commissioner
of Social Security and the Secretary of the Treasury shall promptly--
(1) devise and implement a procedure for eliminating, in
accordance with an established time-phased schedule, the
backlog of uncredited earnings currently contained in the
suspense file maintained by the Administration, and
(2) devise and implement a procedure for resolving new
discrepancies which would prevent the addition of future
uncredited earnings in the suspense file.
SEC. 4. REPORT.
The Commissioner of Social Security and the Secretary of the
Treasury shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate, not
later than 180 days after the date of the enactment of this Act, a
report of the findings of the study conducted under section 2 and the
progress made in meeting the requirements of section 3. Such report
shall include any recommendations for further legislative action the
Commissioner and the Secretary consider appropriate. | Directs the Commissioner of Social Security and the Secretary of the Treasury jointly to: (1) study and report to specified congressional committees on the inability of the Social Security Administration to provide for American workers their full social security benefits by reason of insufficiency of information held by the Administration necessary for correctly identifying accounts for the earnings of such workers; and (2) take appropriate remedial measures, including devising and implementing a procedure for resolving new discrepancies involving uncredited earnings in the suspense file. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coin Modernization, Oversight, and
Continuity Act of 2010''.
SEC. 2. AUTHORITY TO CONDUCT RESEARCH AND DEVELOPMENT ON ALL
CIRCULATING COINS.
(a) In General.--To accomplish the goals of this Act and the
requirements of subchapter II of chapter 51 of title 31, United States
Code, the Secretary of the Treasury may--
(1) conduct any appropriate testing of appropriate coinage
metallic materials within or outside of the Department of the
Treasury; and
(2) solicit input from or otherwise work in conjunction with
entities within or outside of the Federal Government including
independent research facilities or current or potential suppliers
of the metallic material used in volume production of circulating
coins,
to complete the report referred to in this Act and to develop and
evaluate the use of new metallic materials.
(b) Factors to Be Considered.--In the conduct of research,
development, and the solicitation of input or work in conjunction with
entities within and outside the Federal Government, and in reporting to
the Congress with recommendations, as required by this Act, the
Secretary of the Treasury shall consider the following:
(1) Factors relevant to the potential impact of any revisions
to the composition of the material used in coin production on the
current coinage material suppliers.
(2) Factors relevant to the ease of use and ability to co-
circulate of new coinage materials, including the effect on vending
machines and commercial coin processing equipment and making
certain, to the greatest extent practicable, that any new coins
work without interruption in existing coin acceptance equipment
without modification.
(3) Such other factors that the Secretary of the Treasury, in
consultation with merchants who would be affected by any change in
the composition of circulating coins, vending machine and other
coin acceptor manufacturers, vending machine owners and operators,
transit officials, municipal parking officials, depository
institutions, coin and currency handlers, armored-car operators,
car wash operators, and American-owned manufacturers of commercial
coin processing equipment, considers to be appropriate and in the
public interest, after notice and opportunity for comment.
SEC. 3. BIENNIAL REPORT TO THE CONGRESS ON THE CURRENT STATUS OF COIN
PRODUCTION COSTS AND ANALYSIS OF ALTERNATIVE CONTENT.
(a) Report Required.--Before the end of the 2-year period beginning
on the date of the enactment of this Act, and at 2-year intervals
following the end of such period, the Secretary of the Treasury shall
submit a report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate analyzing production costs for each circulating
coin, cost trends for such production, and possible new metallic
materials or technologies for the production of circulating coins.
(b) Detailed Recommendations.--In preparing and submitting the
reports required under subsection (a), the Secretary of the Treasury
shall include detailed recommendations for any appropriate changes to
the metallic content of circulating coins in such a form that the
recommendations could be enacted into law as appropriate.
(c) Improved Production Efficiency.--In preparing and submitting
the reports required under subsection (a), the Secretary of the
Treasury shall include recommendations for changes in the methods of
producing coins that would further reduce the costs to produce
circulating coins, and include notes on the legislative changes that
are necessary to achieve such goals.
(d) Minimizing Conversion Costs.--In preparing and submitting the
reports required under subsection (a), the Secretary of the Treasury,
to the greatest extent possible, may not include any recommendation for
new specifications for producing a circulating coin that would require
any significant change to coin-accepting and coin-handling equipment to
accommodate changes to all circulating coins simultaneously.
(e) Fraud Prevention.--The reports required under this section
shall make no recommendation for a specification change that would
facilitate or allow the use of a coin with a lesser value produced,
minted, or issued by another country, or the use of any token or other
easily or regularly produced metal device of minimal value, in the
place of a circulating coin produced by the Secretary.
(f) Rule of Construction.--No provision of this Act shall be
construed as requiring that additional research and development be
conducted for any report under this Act but any such report shall
include information on any such research and development during the
period covered by the report.
SEC. 4. MEETING DEMAND FOR SILVER AND GOLD NUMISMATIC ITEMS.
Subsections (e) and (i) of section 5112 of title 31, United States
Code are each amended by striking ``quantities'' and inserting
``qualities and quantities that the Secretary determines are''.
SEC. 5. TECHNICAL CORRECTIONS.
Section 5112(u)(1) of title 31, United States Code is amended--
(1) by striking ``exact duplicates'' and inserting
``likenesses'';
(2) by striking subparagraph (C);
(3) by redesignating subparagraphs (D) and (E) as subparagraphs
(C) and (D), respectively; and
(4) in subparagraph (A), by striking ``of 3.0 inches'' and
inserting ``determined by the Secretary that is no less than 2.5
inches and no greater than 3.0 inches''.
SEC. 6. BUDGETARY EFFECT.
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 House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Coin Modernization, Oversight, and Continuity Act of 2010 - Requires the Secretary of the Treasury to report biennially to specified congressional committees on production costs for each circulating coin, cost trends, and possible new metallic materials or technologies for the production of circulating coins. Requires detailed recommendations in such reports for: (1) changes to the metallic content of circulating coins; (2) changes in coin production methodology that would further reduce the costs of production; and (3) legislative changes necessary to achieve such goals.
Prohibits the Secretary from including any recommendation for specifications: (1) for producing a circulating coin that would require significant change to coin-accepting and coin-handling equipment to accommodate changes to all circulating coins simultaneously; or (2) that would facilitate or allow the use of a coin with a lesser value produced, minted, or issued by another country, or the use of any token or other easily or regularly produced metal device of minimal value, in the place of a circulating coin produced by the Secretary.
Authorizes the Secretary, in order to complete the first biennial report and to develop and evaluate the use of new metallic materials for circulating coin production, to: (1) conduct any appropriate testing of appropriate coinage metallic materials; and (2) work with federal and nonfederal entities, including independent research facilities or suppliers of the metallic material used in volume production of circulating coins. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Obesity in Schools Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 64.5 percent (119,000,000) of
American adults and 15 percent (9,000,000) of American children
are overweight or obese.
(2) The prevalence of obesity among children aged 6 to 11
more than doubled in the past 20 years, going from 7 percent in
1980 to 18.8 percent in 2004. The rate among adolescents aged
12 to 19 more than tripled, increasing from 5 percent to 17.1
percent.
(3) An estimated 61 percent of overweight young people have
at least 1 additional risk factor for heart disease, such as
high cholesterol or high blood pressure. In addition, children
who are overweight are at greater risk for bone and joint
problems, sleep apnea, and social and psychological problems
such as stigmatization and poor self-esteem.
(4) According to the Department of Health and Human
Services, obesity-related illnesses cost this nation
approximately $117,000,000,000 per year in increased health
care costs. This includes $61,000,000,000 in direct medical
costs for treatment of related diseases and $56,000,000,000 in
indirect costs such as lost productivity.
(5) A report released by Trust for America's Health,
entitled ``F as in Fat: How Obesity Policies are Failing in
America'', found that the United States does not have an
aggressive, coordinated national strategy needed to address
this crisis.
SEC. 3. NATIONAL STRATEGY TO REDUCE CHILDHOOD OBESITY.
The Secretary of Health and Human Services, in cooperation with
State and local governments, Federal agencies, local educational
agencies, health care providers, the research community, and the
private sector, shall develop a national strategy to reduce childhood
obesity in the United States. Such strategy shall--
(1) provide for the reduction of childhood obesity rates by
10 percent by the year 2011;
(2) address both short- and long-term solutions to reducing
the rates of childhood obesity in the United States;
(3) identify how the Federal Government can work
effectively with State and local governments, local educational
agencies, health care providers, the research community, the
private sector, and other entities as necessary to implement
the strategy; and
(4) include measures to identify and overcome all obstacles
to achieving the goal of reducing childhood obesity in the
United States.
SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO ADOPT WELLNESS POLICIES
AND ANTI-OBESITY INITIATIVES.
(a) Grants.--The Director of the Centers for Disease Control and
Prevention shall make grants to local educational agencies to reduce
childhood obesity by adopting wellness policies and anti-obesity
initiatives.
(b) Use of Funds.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to use the grant
to reduce childhood obesity by adopting wellness policies and anti-
obesity initiatives, which may include one or more of the following:
(1) Strategies to improve the nutritional value of food
served on school campuses.
(2) Innovative ways to incorporate nutrition education into
the curriculum from prekindergarten through grade 12.
(3) Increased physical activity in during-and-after-school
activities.
(4) Any other measure that, in the determination of the
Director, may provide a significant improvement in the health
and wellness of children.
(c) Cost Sharing.--As a condition on the receipt of a grant under
this section, a local educational agency shall agree to pay, from funds
derived from non-Federal sources, not less than 25 percent of the costs
of the activities carried out with the grant.
(d) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may require.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, a local educational agency shall agree to
submit an annual accountability report to the Director. Each such
report shall include a description of the degree to which the agency,
in using grant funds, has made progress in reducing childhood obesity.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $20,000,000 for each of fiscal
years 2008 through 2011.
SEC. 5. EVALUATION OF PROGRAMS FOR THE PREVENTION OF OBESITY IN
CHILDREN AND ADOLESCENTS.
(a) In General.--For the purpose described in subsection (b), the
Director shall (directly or through grants or contracts awarded to
public or nonprofit private entities) arrange for the evaluation of a
wide variety of existing programs designed in whole or in part to
prevent obesity in children and adolescents, including programs that do
not receive grants from the Federal Government for operation.
(b) Purpose.--The purpose of the evaluation under this section
shall be to determine the following:
(1) The effectiveness of programs in reducing obesity in
children and adolescents.
(2) The factors contributing to the effectiveness of the
programs.
(3) The feasibility of replicating the programs in other
locations.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Director shall submit a report to the
Congress on the results of the evaluation under this section.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2008 through 2011.
SEC. 6. HEALTHY LIVING AND WELLNESS COORDINATING COUNCILS.
(a) Grants.--The Director shall make grants on a competitive basis
to State governments, local governments, and consortia of local
governments to reduce childhood obesity through--
(1) establishing or expanding healthy living and wellness
coordinating councils; and
(2) supporting regional workshops.
(b) Uses of Funds.--As a condition on the receipt of a grant under
this section, an entity shall agree to use the grant to carry out one
or more of the following:
(1) Establishing a healthy living and wellness coordinating
council.
(2) Expanding the activities of a healthy living and
wellness coordinating council, including by implementing State-
based or region-wide activities that will reduce the rates of
childhood obesity.
(3) Supporting regional workshops designed to permit
educators, administrators, health care providers, and other
relevant parties to share successful research-based strategies
for increasing healthy living and reducing obesity in
elementary and secondary schools.
(c) Council Requirements.--In this section, the term ``healthy
living and wellness coordinating council'' means an organization that--
(1) is charged by a State government, a local government,
or a consortium of local governments, as applicable, to
increase healthy living and reduce obesity in elementary and
secondary schools; and
(2) is composed of educators, administrators, health care
providers, and other relevant parties.
(d) Cost Sharing.--As a condition on the receipt of a grant under
this section, an entity shall agree to pay, from funds derived from
non-Federal sources, not less than 25 percent of the costs of the
activities carried out with the grant.
(e) Annual Accountability Report.--As a condition on the receipt of
a grant under this section, an entity shall agree to submit an annual
accountability report to the Director. Each such report shall include a
description of the degree to which the entity, in using grant funds,
has made progress in increasing healthy living and reducing obesity in
elementary and secondary schools.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2008 through 2011.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Centers
for Disease Control and Prevention.
(2) The term ``local educational agency'' has the meaning
given to that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801). | Stop Obesity in Schools Act of 2007 - Requires the Secretary of Health and Human Services to develop a national strategy to reduce childhood obesity that: (1) provides for the reduction of childhood obesity rates by 10% by the year 2011; (2) addresses short-term and long-term solutions; (3) identifies how the federal government can work effectively with entities to implement the strategy; and (4) includes measures to identify and overcome obstacles.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) make matching grants to local educational agencies to reduce childhood obesity by adopting wellness policies and anti-obesity initiatives; (2) arrange for the evaluation of a wide variety of existing programs designed to prevent obesity in children and adolescents to determine their effectiveness, factors contributing to their effectiveness, and the feasibility of replicating the programs in other locations; and (3) make matching grants to state governments, local governments, and consortia of local governments to reduce childhood obesity through establishing or expanding healthy living and wellness coordinating councils (that are charged to increase healthy living and reduce obesity in elementary and secondary schools) and supporting regional workshops. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leveraging and Energizing America's
Apprenticeship Programs Act'' or the ``LEAP Act''.
SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is an amount
equal to the sum of the applicable credit amounts (as determined under
subsection (b)) for each apprentice of the employer that exceeds the
applicable apprenticeship level (as determined under subsection (e))
during such taxable year.
``(b) Applicable Credit Amount.--For purposes of subsection (a),
the applicable credit amount for each apprentice for each taxable year
is equal to--
``(1) in the case of an apprentice who has not attained 25
years of age at the close of the taxable year, $1,500, or
``(2) in the case of an apprentice who has attained 25
years of age at the close of the taxable year, $1,000.
``(c) Limitation on Number of Years Which Credit May Be Taken Into
Account.--The apprenticeship credit shall not be allowed for more than
2 taxable years with respect to any apprentice.
``(d) Apprentice.--For purposes of this section, the term
`apprentice' means any employee who is employed by the employer--
``(1) in an officially recognized apprenticeable
occupation, as determined by the Office of Apprenticeship of
the Employment and Training Administration of the Department of
Labor, and
``(2) pursuant to an apprentice agreement registered with--
``(A) the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor, or
``(B) a recognized State apprenticeship agency, as
determined by the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor.
``(e) Applicable Apprenticeship Level.--
``(1) In general.--For purposes of this section, the
applicable apprenticeship level shall be equal to--
``(A) in the case of any apprentice described in
subsection (b)(1), the amount equal to 80 percent of
the average number of such apprentices of the employer
for the 3 taxable years preceding the taxable year for
which the credit is being determined, rounded to the
next lower whole number; and
``(B) in the case of any apprentices described in
subsection (b)(2), the amount equal to 80 percent of
the average number of such apprentices of the employer
for the 3 taxable years preceding the taxable year for
which the credit is being determined, rounded to the
next lower whole number.
``(2) First year of new apprenticeship programs.--In the
case of an employer which did not have any apprentices during
any taxable year in the 3 taxable years preceding the taxable
year for which the credit is being determined, the applicable
apprenticeship level shall be equal to zero.
``(f) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(g) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (35), by striking the period at the
end of paragraph (36) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(37) the apprenticeship credit determined under section
45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
the Internal Revenue Code of 1986 is amended by inserting ``45S(a),''
after ``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45S. Employees participating in qualified apprenticeship
programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act.
SEC. 3. LIMITATION ON GOVERNMENT PRINTING COSTS.
Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Management and Budget shall coordinate with
the heads of Federal departments and independent agencies to--
(1) determine which Government publications could be
available on Government websites and no longer printed and to
devise a strategy to reduce overall Government printing costs
over the 10-year period beginning with fiscal year 2015, except
that the Director shall ensure that essential printed documents
prepared for social security recipients, medicare
beneficiaries, and other populations in areas with limited
Internet access or use continue to remain available;
(2) establish government wide Federal guidelines on
employee printing; and
(3) issue guidelines requiring every department, agency,
commission, or office to list at a prominent place near the
beginning of each publication distributed to the public and
issued or paid for by the Federal Government--
(A) the name of the issuing agency, department,
commission, or office;
(B) the total number of copies of the document
printed;
(C) the collective cost of producing and printing
all of the copies of the document; and
(D) the name of the entity publishing the document. | Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprentice who has not attained age 25 at the close of the taxable year or $1,000 for an apprentice who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprentice. Defines "apprentice" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency. Requires the Director of the Office of Management and Budget to coordinate with the heads of federal and independent agencies to: (1) determine which government publications could be available on government websites and no longer printed, (2) devise a strategy to reduce overall government printing costs over the 10-year period beginning with FY2015, (3) establish government-wide guidelines on employee printing, and (4) issue guidelines for publicly disclosing information about the publication of government documents. | billsum_train |
Condense the following text into a summary: SECTION 1. DEPOSITS IN CAPITAL CONSTRUCTION FUND ACCOUNT EXCLUDED FROM
NET EARNINGS FROM SELF-EMPLOYMENT.
(a) In General.--Subparagraph (A) of section 607(d)(1) of the
Merchant Marine Act, 1936 (46 U.S.C. 1177(d)(1)) is amended by striking
``taxable income (determined without regard to this section and section
7518 of such Code) for the taxable year shall be reduced'' and by
inserting ``taxable income and net earnings from self-employment
attributable to the operation of the agreement vessels (determined
without regard to this section and section 7518 of such Code) for the
taxable year shall each be reduced''.
(b) Nonqualified Withdrawals.--Section 607(h) of the Merchant
Marine Act, 1936 (46 U.S.C. 1177(h)) is amended by adding at the end
thereof the following new paragraph:
``(7) Nonqualified withdrawals subject to self-employment
tax.--
``(A) In general.--In the case of any taxable year
for which there is a nonqualified withdrawal (including
any amount so treated under paragraph (5)), the tax
imposed by section 1401 of the Internal Revenue Code of
1986 (at a rate for such taxable year unless otherwise
established by the taxpayer to the satisfaction of the
Secretary) shall be determined without regard to
section 230 of the Social Security Act (42 U.S.C. 430).
``(B) Tax benefit rule.--If any portion of a
nonqualified withdrawal is properly attributable to
deposits (other than earnings on deposits) made by the
taxpayer in any taxable year which did not reduce the
taxpayer's liability for tax under section 1401 of such
Code for any taxable year preceding the taxable year in
which such withdrawal occurs, such portion shall not be
taken into account under subparagraph (A).''.
(c) Conforming Amendments.--
(1) Subparagraph (A) of section 7518(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``taxable income
(determined without regard to this section and section 607 of
the Merchant Marine Act, 1936) for the taxable year shall be
reduced'' and by inserting ``taxable income and net earnings
from self-employment attributable to the operation of the
agreement vessels (determined without regard to this section
and section 607 of the Merchant Marine Act, 1936) for the
taxable year shall each be reduced''.
(2) Section 7518(g) of the Internal Revenue Code of 1986 is
amended by adding at the end thereof the following new
paragraph:
``(7) Nonqualified withdrawals subject to self-employment
tax.--
``(A) In general.--In the case of any taxable year
for which there is a nonqualified withdrawal (including
any amount so treated under paragraph (5)), the tax
imposed by section 1401 (at a rate for such taxable
year unless otherwise established by the taxpayer to
the satisfaction of the Secretary) shall be determined
without regard to section 230 of the Social Security
Act (42 U.S.C. 430).
``(B) Tax benefit rule.--If any portion of a
nonqualified withdrawal is properly attributable to
deposits (other than earnings on deposits) made by the
taxpayer in any taxable year which did not reduce the
taxpayer's liability for tax under section 1401 for any
taxable year preceding the taxable year in which such
withdrawal occurs, such portion shall not be taken into
account under subparagraph (A).''.
(3) Section 1403(b) of the Internal Revenue Code of 1986 is
amended by adding the following new paragraph.
``(3) For treatment of earnings of ship contractors
deposited in special reserve funds, see subsections (d) and (h)
of section 607 of the Merchant Marine Act, 1936 (46 U.S.C.
1177) and subsections (c) and (g) of section 7518''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
(2) Waiver of statute of limitations.--If on the date of
the enactment of this Act (or at any time within 1 year after
such date of enactment) refund or credit of any overpayment of
tax resulting from the application of the amendment made by
subsection (a) is barred by any law or rule of law, refund or
credit of such overpayment shall, nevertheless, be made or
allowed if claim therefore is filed before the date 1 year
after the date of the enactment of this Act. | Amends the Merchant Marine Act, 1936 and the Internal Revenue Code to permit participants in a capital construction fund to reduce their self-employment income by the amount of contributions to such fund. Makes nonqualified withdrawals subject to the self-employment tax. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Visa and Protection Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Crime of violence.--The term ``crime of violence''
means an offense defined in section 16 of title 18, United
States Code--
(A) that is not a purely political offense; and
(B) for which the noncitizen has served a term of
imprisonment of at least 5 years.
(2) Deported veteran.--The term ``deported veteran'' means
a veteran who--
(A) is a noncitizen; and
(B)(i) was removed from the United States; or
(ii) is abroad and is inadmissible under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)).
(3) Noncitizen.--The term ``noncitizen'' means an
individual who is not a national of the United States, as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Service member.--The term ``service member'' means an
individual who is serving as--
(A) a member of a regular or reserve component of
the Armed Forces of the United States on active duty;
or
(B) a member of a reserve component of the Armed
Forces in an active status.
(6) Veteran.--The term ``veteran'' has the meaning given
such term under section 101(2) of title 38, United States Code.
SEC. 3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE UNITED STATES;
STATUS FOR NONCITIZEN VETERANS IN THE UNITED STATES.
(a) In General.--
(1) Duties of secretary.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall--
(A) establish a program and application procedure
to permit--
(i) a deported veteran who meets each
requirement under subsection (b) to enter the
United States as an alien lawfully admitted for
permanent residence; and
(ii) a noncitizen veteran in the United
States who meets each requirement under
subsection (b) to adjust status to that of an
alien lawfully admitted for permanent
residence; and
(B) cancel the removal of any noncitizen veteran
ordered removed who meets each requirement under
subsection (b) and allow the noncitizen veteran to
adjust status to that of an alien lawfully admitted for
permanent residence.
(2) No numerical limitations.--Nothing in this section or
in any other law may be construed to apply a numerical
limitation on the number of veterans who may be eligible to
receive a benefit under paragraph (1).
(b) Eligibility.--
(1) In general.--Notwithstanding any other provision of
law, including sections 212 and 237 of the Immigration and
Nationality Act (8 U.S.C. 1182 and 1227), a veteran shall be
eligible to participate in the program established under
subsection (a)(1)(A), or for cancellation of removal under
subsection (a)(1)(B), if the Secretary determines that the
veteran--
(A) was not ordered removed, or removed, from the
United States due to a criminal conviction for--
(i) a crime of violence; or
(ii) a crime that endangers the national
security of the United States for which the
noncitizen has served a term of imprisonment of
at least 5 years; and
(B) is not inadmissible to, or deportable from, the
United States due to a criminal conviction described in
subparagraph (A).
(2) Waiver.--The Secretary may waive the application of
paragraph (1)--
(A) for humanitarian purposes;
(B) to ensure family unity;
(C) due to exceptional service in the United States
Armed Forces; or
(D) if such waiver otherwise is in the public
interest.
SEC. 4. PROTECTING VETERANS AND SERVICE MEMBERS FROM REMOVAL.
Notwithstanding any other provision of law, including section 237
of the Immigration and Nationality Act (8 U.S.C. 1227), a noncitizen
who is a veteran or service member may not be removed from the United
States unless the noncitizen has a criminal conviction for a crime of
violence.
SEC. 5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE
UNITED STATES.
An alien who has obtained the status of an alien lawfully admitted
for permanent residence pursuant to section 3(a) shall be eligible for
naturalization through service in the Armed Forces of the United States
under sections 328 and 329 of the Immigration and Nationality Act (8
U.S.C. 1439 and 1440), except that--
(1) when determining whether the noncitizen is a person of
good moral character, disregard the ground on which the
noncitizen was--
(A) ordered removed, or was removed, from the
United States; or
(B) rendered inadmissible to, or deportable from,
the United States; and
(2) any period of absence from the United States due to the
noncitizen having been removed, or being inadmissible, shall be
disregarded when determining if the noncitizen satisfies any
requirement relating to continuous residence or physical
presence.
SEC. 6. ACCESS TO MILITARY BENEFITS.
An alien who has obtained the status of an alien lawfully admitted
for permanent residence pursuant to section 3(a) shall be eligible for
all military and veterans benefits for which the noncitizen would have
been eligible if, from the United States, the noncitizen had never--
(a) been ordered removed;
(b) been removed; or
(c) voluntarily departed.
SEC. 7. IMPLEMENTATION.
(a) Identification.--The Secretary shall identify cases involving
any service member or veteran at risk of removal from the United States
by--
(1) inquiring of every noncitizen processed prior to
initiating a removal proceeding whether the noncitizen is
serving, or has served--
(A) as a member of a regular or reserve component
of the Armed Forces of the United States on active
duty; or
(B) as a member of a reserve component of the Armed
Forces in an active status;
(2) requiring U.S. Immigration and Customs Enforcement
personnel to seek supervisory approval prior to initiating a
removal proceeding against a service member or veteran; and
(3) keeping records of any service member or veteran who
has--
(A) had removal proceedings initiated against them;
(B) been detained; or
(C) been removed.
(b) Record Annotation.--
(1) In general.--When the Secretary has identified a case
under subsection (a), the Secretary shall annotate all
immigration and naturalization records of the Department of
Homeland Security relating to the noncitizen involved to--
(A) reflect that identification; and
(B) afford an opportunity to track the outcomes for
the noncitizen.
(2) Annotations.--Each annotation under paragraph (1) shall
include--
(A) the branch of military service in which each
noncitizen served;
(B) whether or not the noncitizen is serving, or
has served, during a period of military hostilities
described in section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440);
(C) the immigration status of each noncitizen at
the time of enlistment;
(D) whether the noncitizen is serving honorably or
was separated under honorable conditions;
(E) the basis for which removal was sought; and
(F) the crime for which conviction was obtained if
the basis for removal was a criminal conviction.
SEC. 8. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall promulgate regulations to implement this Act. | Veterans Visa and Protection Act of 2017 This bill requires the Department of Homeland Security (DHS) to: (1) establish a program to permit an eligible deported noncitizen veteran to enter the United States as a lawful permanent resident alien and permit an eligible noncitizen veteran in the United States to adjust to lawful permanent resident status, and (2) cancel an eligible noncitizen veteran's removal and allow the individual to adjust to lawful permanent resident status. A veteran is eligible if the veteran has not been convicted of a crime of violence or a crime that endangers national security for which the veteran has served at least five years in prison. DHS may waive eligibility requirements for humanitarian, family unity, public interest, or exceptional military service reasons. A noncitizen veteran or service member may not be removed from the United States unless such individual has been convicted of a crime of violence. An individual who has obtained lawful permanent resident status pursuant to this bill shall be eligible for: (1) military and veterans benefits, and (2) naturalization through U.S. military service. | billsum_train |
Provide a condensed version of the following text: SECTION 1. RESOURCE STAFF FOR STUDENTS.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et. seq) is amended by adding at the end the following:
``PART L--RESOURCE STAFF FOR STUDENTS
``SEC. 10993. FINDINGS.
``Congress finds the following:
``(1) Although 7,500,000 children under the age of 18
require mental health services, fewer than 1 in 5 of these
children receive the services.
``(2) Across the United States, counseling professionals
have an extremely busy caseload and often students do no get
the help they need. The current national average ratio of
students to counselors in elementary and secondary schools is
513:1.
``(3) Schools in the United States need more mental health
professionals, and the funds needed to hire staff to
specifically serve students.
``(4) The maximum recommended ratio of students-to-
counselors is 250:1.
``(5) Existing counselors are severely taxed to perform
duties that are largely administrative in nature, such as
scheduling. They are burdened with many demands regarding
placement in colleges, texting, career guidance, and the like.
``(6) Student populations are expected to grow
significantly over the next few years. School-based services
for students will be in great demand. With expected large scale
retirements, more than 100,000 new dedicated resource staff for
students will be needed to increase student-to-staff service
availability.
``(7) Federal support for reducing the student-to-staff
ratio would pay for itself, through reduced violence and
substance abuse, and through improvements in students' academic
achievement.
``SEC. 10994. PURPOSES.
``The purposes of this part are to assist local educational
agencies in recruiting, training, and hiring 100,000 school-based
resource staff to specifically work with students--
``(1) to reduce the student-to-counseling ratios
nationally, in grades 6-12, to an average of 1 such staff for
every 250 students as recommended in a report by the Institute
of Medicine of the National Academy of Sciences relating to
schools and health, issued in 1997;
``(2) to help address the mental, emotional, and
developmental needs of public school students; and
``(3) to support other school staff and teachers in
reaching students early before problems arise, conducting
behavioral interventions to improve school discipline, and
developing the awareness and skills to identify early warning
signs of violence and the need for mental health services.
``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM.
``(a) In General.--In accordance with this section, the Secretary
shall make grants to local educational agencies to assist such agencies
in providing resource staff to meet students' needs.
``(b) Distribution.--In making grants under this section, the
Secretary shall ensure that there is a fair distribution of grants
nationwide.
``(c) Duration.--Each grant made under this section shall be for a
period not to exceed 3 years.
``(d) Application.--
``(1) In general.--Each local educational agency seeking a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the secondary public school
population to be targeted by the program, the
particular personal, social, emotional, education, and
career development needs of such population, and the
current school counseling resources available for
meeting such needs;
``(B) describe the activities, services, and
training to be provided by the program and the specific
approaches to be used to meet the needs described in
subparagraph (A);
``(C) describe the methods to be used to evaluate
the outcomes and effectiveness of the program;
``(D) document that the applicant has the personnel
qualified to develop, implement, and administer the
program; and
``(E) assure that the funds made available under
this part for any fiscal year will be used to
supplement and, to the extent practicable, increase the
level of funds that would otherwise be available from
non-Federal sources for the program described in the
application, and in no case supplant such funds from
non-Federal sources.
``(e) Use of Funds.--Funds made available to local educational
agencies under this section shall be used to provide resource staff in
accordance with the purposes described in section 10994.
``(f) Definition.--For purposes of this part the term `resource
staff' means an individual who has documented competence and training
in mental health to be able to provide services to children and
adolescents in a school setting and who--
``(1) possesses State licensure or certification in mental
health granted by an independent professional regulatory
authority;
``(2) possesses national certification in mental health or
in a related specialty granted by an independent professional
organization;
``(3) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs or
the equivalent;
``(4) possesses a minimum of 60 graduate semester hours in
school psychology from an institution of higher education and
has completed 1,200 clock hours in a supervised school
psychology internship, of which 600 hours shall be in the
school setting, and possesses State licensure or certification
in school psychology in the State in which the individual
works; or
``(5) holds a master's degree in social work and is
licensed or certified by the State in which services are to be
provided or holds a school social work specialist credential.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $2,800,000,000 for fiscal year
2002, $3,000,000,000 for fiscal year 2003, $3,200,000,000 for fiscal
year 2004, and $3,500,000,000 for fiscal year 2005 and each fiscal year
thereafter.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for Resource Staff for Students. Direct the Secretary of Education to make such grants to local educational agencies for recruiting, training, and hiring 100,000 individuals to serve as school-based resource staff who have documented competence and training in mental health, as well as other specified minimum qualifications.Requires such resource staff to work with students to: (1) reduce the student-to-counseling ratios nationally, in grades 6-12, to an average of one such staff member for every 250 students; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northwest Salmon Recovery Act of
1998''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) In order to deal with significant changes in the
Nation's electric utility industry, and to continue to enjoy
the considerable benefits the Pacific Northwest receives from
the Federal Columbia River Power System through the Bonneville
Power Administration, new tools are needed to ensure that the
electric power customers of the Administration repay all the
costs associated with the system, including the public
obligations to restore fish and wildlife, meet treaty and trust
obligations, and pay the United States Treasury and the
Washington Public Power Supply System bondholders.
(2) In addition, new tools are needed to ensure salmon
recovery and promote conservation and renewable resources in
the Pacific Northwest region.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administration'' means the Bonneville Power
Administration.
(2) The term ``Administrator'' means the Administrator of
the Bonneville Power Administration.
(3) The term ``Council'' means the Pacific Northwest
Electric Power and Conservation Planning Council established by
the Pacific Northwest Electric Power Planning and Conservation
Act.
(4) The term ``Commission'' means the Federal Energy
Regulatory Commission.
(5) The terms ``region'' and ``Pacific Northwest'' have the
meaning provided for such terms by section 3(11) of the Pacific
Northwest Electric Power Planning and Conservation Act.
(6) The term ``Secretary'' means the Secretary of the
Interior.
(7) The term ``States'' means the States of Oregon,
Washington, Idaho, Montana, and Alaska.
(8) The term ``tribes'' means the following federally
recognized Indian tribes: Confederated Salish and Kootenai
Tribes, Shoshone-Bannock Tribe, Nez Perce Tribe, Kootenai Tribe
of Idaho, Coeur d'Alene Tribe, Shoshone-Paiute Tribes, Burns-
Paiute Tribe, Confederated Tribes of Warm Springs, Confederated
Tribes of Umatilla, and Confederated Tribes of Yakama, Spokane
Tribe, Colville Tribe, and Kalispel Tribe.
(9) The term ``unified plan'' means the unified plan
developed under section 4 of this Act.
(10) The term ``WPPSS'' means the Washington Public Power
Supply System.
SEC. 4. GOVERNANCE.
The Secretary of the Interior shall, in consultation with the
Federal, State, and tribal governments in the Pacific Northwest,
develop a unified plan for salmon recovery in the region by December
31, 1999. The goal of this plan shall be to restore sustainable,
naturally reproducing salmon populations to support tribal and
nontribal harvest and cultural and economic practices. The plan shall
address treaty, trust, and Endangered Species Act responsibilities, the
fish mitigation and enhancement requirements of the Pacific Northwest
Electric Power Planning and Conservation Act, the water quality
standards under the Clean Water Act, and the United States-Canada
Pacific Salmon Treaty commitments. Implementation of the unified plan
and the Northwest Power Planning Council's fish and wildlife program
shall be overseen by the Secretary of the Interior. The Secretary shall
promulgate a rule, in accordance with the applicable requirements of
title 5 of the United States Code, applicable environmental
requirements, and other applicable requirements of law, containing the
plan developed under this section.
SEC. 5. FISCAL ACCOUNTABILITY.
(a) Accounting System.--
(1) Requirements.--Not later than 12 months after the date
of the enactment of this Act, the Secretary of Energy and the
Secretary of the Treasury, in consultation with the Office of
Management and Budget and the General Accounting Office, shall
establish an accounting system for the Administration that
meets each of the following requirements:
(A) Repayment of costs to the united states
treasury.--The accounting system shall ensure that all
costs repayable to the United States Treasury are paid
in a timely manner. The accounting system shall provide
for independent, outside reviews of Administration
repayment studies and include the views of the Federal
Energy Regulatory Commission. Such reviews shall assess
assumptions and methodologies, application of
appropriate interest rates, and whether all power-
related costs are included for repayment.
(B) Fish and wildlife costs.--The accounting system
shall properly and accurately identify costs allocable
to compliance with the restoration of fish and wildlife
in the region, including treaty, trust, and Endangered
Species Act responsibilities of the Administrator, the
fish mitigation and enhancement requirements of the
Pacific Northwest Electric Power Planning and
Conservation Act, and the water quality standards under
the Clean Water Act. The Administration is prohibited
from allocating to fishery restoration accounts the
costs of spills or releases of water that result in
power loss or which are required for purposes of flood
control, irrigation, navigation, or other authorized
activities.
(2) Accounting principles and requirements.--The accounting
system shall provide procedures to ensure regular consultation
with Federal, State, and tribal governments in the region,
tracking of the costs associated with each of the
Administrator's significant responsibilities, including those
referred to in paragraph (1).
(3) Public availability.--The system shall contain
procedures to ensure that the books and records of the
Administration, including all accounting records regarding the
costs allocated to fishery restoration, public purposes, and
the WPPSS debt, are available to the public.
(4) Compliance.--The system shall contain procedures for
the filing of complaints with the Secretary of Energy by
interested persons seeking to ensure compliance with this
section.
(b) Fish and Wildlife Budget Management and Accountability.--The
Secretaries of the Interior, Energy, Commerce, and the Army shall
implement (until the unified plan takes effect) the Memorandum of
Agreement and Annex on Budget Management and Accountability adopted in
September 1996, including procedures for effective regional involvement
and accountability in the expenditure of moneys from the
Administration's fund pursuant to section 4(h)(10) of the Pacific
Northwest Electric Power Planning and Conservation Act. The following
procedures shall apply to administration of the Memorandum of Agreement
and the unified plan:
(1) Open and accurate methods for tracking the funding,
implementation, and performance of activities.
(2) Independent scientific review of activities funded
pursuant to this Act. Such independent scientific review shall
be undertaken by an independent scientific advisory board
appointed by the Secretary of the Interior, in consultation
with the region's State and tribal governments. Appointments to
the Board will take into account recommendations from the chair
of the National Research Council.
(3) Coordinated and integrated project prioritization
processes for selection of activities (under both the unified
plan and the Council's fish and wildlife program) to be funded
pursuant to this Act to be implemented by State and tribal
governments and the Secretaries of the Interior, Energy,
Commerce, and the Army for all fish and wildlife expenditures
pursuant to this Act, using consistent criteria that allow for
choices among direct, reimbursable and capital, and other
expenditure categories.
(4) Effective procedures for resolution of disputes
regarding budget management and accountability.
(c) Repeal.--Section 4(h)(10)(D) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) is
hereby repealed.
SEC. 6. PAYMENTS TOWARD THE NATURAL RESOURCES RECOVERY FUND AND THE
WPPSS DEBT.
(a) Natural Resources Recovery Fund.--
(1) Establishment.--The Secretary of the Interior shall
establish a Natural Resources Recovery Fund. The Fund shall be
managed by the Secretary.
(2) Uses of fund.--The Secretary of the Interior shall
expend amounts in the Fund in a manner consistent with the
Memorandum of Agreement referred to in section 5 until the
unified plan takes effect. When the unified plan takes effect,
the Fund shall be administered in a manner consistent with such
unified plan. If no unified plan exists, the Secretary of the
Interior shall allocate funds in consultation with States,
tribes, and Federal agencies. Amounts in the Fund shall be used
for the restoration of fish and wildlife in the region,
including meeting treaty, trust, and Endangered Species Act
responsibilities, the fish mitigation and enhancement
requirements of the Pacific Northwest Electric Power Planning
and Conservation Act, and implementation of measures necessary
to meet the water quality standards under the Clean Water Act.
Moneys in the Fund may also be used to promote conservation and
renewable energy projects.
(3) Source of monies.--All fees collected under paragraph
(4) shall be deposited in the Fund, and such fees shall be
available without further appropriation for the purposes set
forth in paragraph (2).
(4) Distribution fee.--Each public and investor-owned
utility that purchases electric power from the Administrator
and makes retail sales of electric power in the region shall
collect and deposit in the Fund a fee in the amount of 3 mills
per kilowatt hour on all retail electric power sales made by
such utility in the region during the 15 calendar years
following the date of the enactment of this Act. During such
15-year period, the Administrator shall collect from each
direct service industrial customer of the Administrator (as defined in
section 3(8) of the Pacific Northwest Electric Power Planning and
Conservation Act) a fee in the amount of 3 mills per kilowatt hour.
(b) Payments of WPPSS Debt.--In order to ensure that the costs of
repayment of Washington Public Power Supply System debt is repaid and
fairly allocated to all Administration customers, the Administrator
shall establish, collect, and use for repayment of the WPPSS debt each
of the following fees and charges:
(1) Fee or surcharge for certain new contracts.--The
Administrator shall require each direct service industrial
customer (as defined in section 3(8) of the Pacific Northwest
Electric Power Planning and Conservation Act) that enters into
a new contract with the Administrator for the delivery of
electric energy by the Administrator during the period
beginning after the date of the enactment of this Act and
ending in the year 2006 to pay either a fee established by the
Administrator or an additional percentage surcharge over the
otherwise applicable rates.
(2) Exit charge.--The Administrator shall require each
wholesale power purchaser receiving electric energy as of the
year 2006 that does not enter into a contract with the
Administration for the delivery of power after the year 2006 to
pay an exit charge in such amount as may be established by the
Administrator.
(3) Amount of fee, surcharge, or exit charge.--Fees,
surcharges, and exit charges received by the Administrator
under this subsection shall be established at such level as the
Administrator deems necessary to insure that the direct service
industrial customers referred to in paragraph (1) and the
wholesale power purchasers referred to in paragraph (2) pay an
equitable portion of the Washington Public Power Supply System
debt based upon each purchaser's historic purchases.
(c) Relationship to Rates.--The fees, surcharges, and exit charges
imposed as provided in this section shall be in addition to the rates
established as provided in sections 7 and 8.
SEC. 7. RATES FOR POWER SALES BY BONNEVILLE POWER ADMINISTRATION.
(a) Rates, Terms, and Conditions.--
(1) In general.--All rates and charges made, demanded, or
received by the Administrator for the sale of electric energy
by the Administration to its electric energy customers (other
than the fees, surcharges, and charges referred to in section
6) shall recover from such customers, over a reasonable period
of years, in accordance with sound business principles, all
costs incurred by the United States for the generation and
marketing of electric energy sold by the Administration,
including meeting treaty, trust, and Endangered Species Act
responsibilities, the fish mitigation and enhancement
requirements of the Northwest Power Act, and the water quality
standards under the Clean Water Act.
(2) Commission approval.--Rates established under this
section shall become effective only upon a determination by the
Commission that such rates meet the requirements of paragraph
(1). The Commission may modify proposed rates submitted by the
Administrator and establish terms and conditions to meet the
requirements of paragraph (1).
(b) Existing Rates.--All rates, terms, and conditions for the sale
of electric energy at wholesale by the Administration placed into
effect on a final basis pursuant to any authority prior to the date of
enactment of this Act shall remain in full force and effect unless the
Commission determines, after a hearing held upon its own motion or upon
complaint, that the rates, terms, and conditions are inconsistent with
subsection (a) of this section and establishes new rates, terms, and
conditions. Such new rates, terms, and conditions shall not result in
rates for such sales that are in excess of the comparable market rate
for electricity in the Western System Coordinating Council.
SEC. 8. FEDERAL ENERGY REGULATORY COMMISSION REGULATION OF BONNEVILLE
POWER ADMINISTRATION TRANSMISSION RATES.
(a) In General.--The transmission of electric energy by the
Administration shall be subject to the provisions of parts II and III
of the Federal Power Act (except sections 204, 207, 209, 214, and 305),
and the Commission shall have jurisdiction under such parts II and III
over the rates, terms, and conditions of such transmission. Such
provisions of the Federal Power Act and the rules, regulations, and
policies of the Commission thereunder shall apply to such transmission
by the Administration to the same extent and in the same manner as such
provisions apply to the transmission of electric energy by a public
utility otherwise subject to the jurisdiction of the Commission under
part II of such Act, except that rates charged by the Administration
for the transmission of electric energy shall be sufficient to recover
all costs for compliance with treaty, trust, and Endangered Species Act
responsibilities, the fish mitigation and enhancement requirements of
the Pacific Northwest Electric Power Planning and Conservation Act, and
the water quality standards under the Clean Water Act.
(b) Separation.--(1) The financial and accounting system
established for the Administration under section 5 shall assure the
separation of all costs, revenues, and other fiscal matters associated
with transmission from the costs, revenues, and other fiscal matters
associated with power sales. The Commission shall review and approve or
disapprove such administrative separation and assure that only costs
properly allocable to transmission rates are recovered through
transmission rates. Nothing in this paragraph shall be construed to
limit or affect the authority of the Administrator to impose a
transmission fee as part of cost recovery measures under subsection
(c)(1)(B)(ii).
(2) Except for purposes of assuring such transmission access as is
necessary for purposes of meeting treaty, trust, and Endangered Species
Act responsibilities, the fish mitigation and enhancement requirements
of the Northwest Power Act, and the water quality standards under the
Clean Water Act, the Commission shall take such steps as may be
necessary to assure that no preference is accorded to the
Administration for the transmission of power sold by the
Administration.
(c) Cost Recovery Adjustment.--(1) Whenever, during the period
beginning October 1, 2001, and ending September 30, 2016, the
Administrator, in accordance with account procedures established under
section 5, determines that either--
(A) the Administration's reserves have fallen below
$800,000,000, or
(B) a 10-year forecast indicates that in any 1 future year,
the Administration has less than a 95 percent probability of
meeting a payment to the United States Treasury,
the Administrator shall submit to the Commission a transmission rate
increase under this subsection and implement the following cost
recovery measures designed to correct, within 5 years, such reserve
deficiency or reduced payment ability forecast:
(i) the Administrator shall adjust wholesale power rates
(up to the market rate for electricity in the Western System
Coordinating Council) to meet the revenue requirement set forth
in subparagraph (A) or (B), as the case may be; and
(ii) if increasing wholesale rates up to the market rate of
electricity in the Western System Coordinating Council is not
sufficient to meet such requirement, the Administrator shall
implement a transmission fee to generate revenues sufficient to
meet such requirement but not in excess of $100,000,000 a year.
(2) The Commission shall approve, disapprove, or modify any
transmission rate increase submitted under this subsection within 30
days after the date of submission. The Commission shall approve such
increase if the Commission determines that such rate increase meets the
requirements of this subsection and that the Administrator has taken
reasonable steps to avoid such increase by using its authority under
section 4(h)(10)(C) of the Pacific Northwest Electric Power, Planning
and Conservation Act (16 U.S.C. 838b(h)(10)(D)). | Northwest Salmon Recovery Act of 1998 - Instructs the Secretary of the Interior to develop a unified plan for salmon recovery in the Pacific Northwest region whose goal is to restore sustainable naturally reproducing salmon populations to support tribal and nontribal harvest, cultural, and economic practices.
(Sec. 4) Requires such plan to address: (1) treaty, trust, and Endangered Species Act responsibilities; (2) specified statutory requirements governing fish mitigation and enhancement; (3) water quality standards under the Clean Water Act; and (4) the United States-Canada Pacific Salmon Treaty commitments.
(Sec. 5) Directs the Secretaries of Energy and of the Treasury to establish an accounting system for the Bonneville Power Administration that meets prescribed criteria.
Directs the Secretaries of the Interior, Energy, Commerce, and the Army to implement a specified Memorandum of Agreement and Annex adopted in 1996, including procedures for effective regional involvement and accountability in the expenditure of moneys from the Administration's fund. Prescribes administrative procedures applicable to such Memorandum of Agreement and to the unified plan.
Repeals the mandate to the Northwest Planning Council to appoint an Independent Scientific Review Panel.
(Sec. 6) Directs the Secretary of the Interior to establish a Natural Resources Recovery Fund for fish and wildlife restoration in the Pacific Northwest region, and for conservation and renewable energy projects.
Directs the Administrator to assess specified fees and charges to ensure that the repayment costs of Washington Public Power Supply System debt is repaid and allocated to all Administration customers.
Provides that such fees and charges shall be in addition to: (1) rates for power sales by the Administration; and (2) Administration transmission rates.
(Sec. 7) Requires that all rates and charges received for the sale of electric energy by the Administration to its electric energy customers recover all federally incurred costs for electric energy generation and marketing, including meeting certain statutory responsibilities.
(Sec. 8) Places the transmission of electric energy by the Administration within the purview of the Federal Power Act, and grants the Federal Energy Regulatory Commission jurisdiction over transmission rates, terms, and conditions.
Requires rates charged by the Administration for electric energy transmission to be sufficient to recover all costs for compliance with specified statutory responsibilities.
Prescribes procedures for cost recovery adjustments by the Administration. | billsum_train |
Subsets and Splits