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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamline America's Future Energy
Nuclear Act''.
SEC. 2. PUBLIC HEALTH AND SAFETY.
Nothing in this Act shall supersede, mitigate, detract from, or in
anyway decrease the Nuclear Regulatory Commission's ability to maintain
the highest possible levels of public health and safety standards,
consistent with the provisions of the Atomic Energy Act of 1954. No
authority granted by this Act shall be executed in a manner that
jeopardizes, minimizes, reduces, or lessens public health and safety
standards.
SEC. 3. STREAMLINING COMBINED CONSTRUCTION AND OPERATING LICENSE.
(a) In General.--The Nuclear Regulatory Commission shall establish
and implement an expedited procedure for issuing a Combined
Construction and Operating License.
(b) Qualifications.--To qualify for the expedited procedure under
this section, an applicant shall--
(1) apply for construction of a reactor based on a design
approved by the Nuclear Regulatory Commission;
(2) construct the new reactor on or adjacent to a site
where an operating nuclear power plant already exists;
(3) not be subject to a Nuclear Regulatory Commission order
to modify, suspend, or revoke a license under section 2.202 of
title 10, Code of Federal Regulations; and
(4) submit a complete Combined Construction and Operating
License application that is docketed by the Commission.
(c) Expedited Procedure.--With respect to a license for which the
applicant has satisfied the requirements of subsection (b) and seeks
fast track consideration, the Nuclear Regulatory Commission shall
follow the following procedures:
(1) Undertake an expedited environmental review process and
issue a draft Environmental Impact Statement within 12 months
after the application is accepted for docketing.
(2) Complete any public licensing hearings and related
processes within 24 months of accepting for docketing the
expedited Combined Construction and Operating License
application. Such hearings shall begin with the issuance of a
draft Environmental Impact Statement.
(3) Complete the technical review process and issue the
Safety Evaluation Report and the final Environmental Impact
Statement within 18 months after the application is accepted
for docketing.
(4) Make a final decision on whether to issue the Combined
Construction and Operating License within 25 months after
docketing the application.
(d) Goals.--The Nuclear Regulatory Commission shall present
recommendations to Congress within 90 days of the date of enactment of
this Act for procedures that would further facilitate the licensing of
new nuclear reactors in a timely manner.
SEC. 4. REACTOR DESIGN CERTIFICATION.
The Nuclear Regulatory Commission shall reduce by one half the time
necessary to certify a reactor design and may include designs under
consideration for certification by the Nuclear Regulatory Commission as
of the date of enactment of this Act. Such a schedule shall be
presented to Congress within one year of date of enactment of this Act.
SEC. 5. TECHNOLOGY NEUTRAL PLANT DESIGN SPECIFICATIONS.
Within one year of date of enactment of this Act, the Nuclear
Regulatory Commission shall outline to the Congress an approach that
will allow the Nuclear Regulatory Commission to develop technology-
neutral guidelines for nuclear plant licensing in the future that would
allow for the more seamless entry of new technologies into the
marketplace.
SEC. 6. ADDITIONAL FUNDING AND PERSONNEL RESOURCES.
Not later than 90 days after the date of enactment of this Act, the
Nuclear Regulatory Commission shall transmit to the Congress a request
for such additional funding and personnel resources as are necessary to
carry out sections 2 through 5 without delaying consideration of
applications for Combined Construction and Operating Licenses or
reactor design certifications not subject to expedited procedures under
this Act.
SEC. 7. NATIONAL LABORATORY SUPPORT.
Each national laboratory with expertise in the nuclear field shall,
in coordination with the Nuclear Regulatory Commission, dedicate
personnel to supporting either or both the expedited licensing
procedures under section 3 and the expedited design certification
procedures under section 4.
SEC. 8. EDUCATIONAL PROGRAM FUNDS.
To both support the Nation's effort to efficiently license new
nuclear power plants and build the expertise and workforce necessary to
regulate and operate those plants, the Nuclear Regulatory Commission
and the Department of Energy shall direct educational funding to
programs to enhance or directly support the activities authorized by
this Act.
SEC. 9. NATIONAL NUCLEAR ENERGY COUNCIL.
(a) In General.--
(1) The Secretary of Energy shall establish a National
Nuclear Energy Council (in this section referred to as the
``Council'').
(2) The Council shall be subject to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(b) Purpose.--The Council shall--
(1) serve in an advisory capacity to the Secretary of
Energy regarding nuclear energy on matters submitted to the
Council by the Secretary of Energy;
(2) advise, inform, and make recommendations to the
Secretary of Energy with respect to any matter relating to
nuclear energy;
(3) help nuclear energy related investors to navigate the
Federal bureaucracy to efficiently bring their products and
services to the marketplace; and
(4) not participate in any research and development or
commercialization activities.
(c) Membership and Organization.--
(1) The members of the Council shall be appointed by the
Secretary of Energy.
(2) The Council may establish such study and administrative
committees as it considers appropriate.
SEC. 10. NUCLEAR POWER 2010.
There are authorized to be appropriated for the Nuclear Power 2010
$121,000,000 to accomplish its original mission of defining the plant
permitting and design certification process by September 30, 2010, at
which date the program shall cease to exist.
SEC. 11. NEXT GENERATION NUCLEAR POWER PLANT.
The Department of Energy and the Nuclear Regulatory Commission
shall reevaluate the Next Generation Nuclear Power Plant schedule with
the purpose of significant acceleration. Within 180 days of the date of
enactment of this Act, program managers shall submit to the Congress a
revised schedule, including funding requirements, that would allow for
program completion as near as is possible to 2015 (halving the current
schedule of program completion in 2021).
SEC. 12. URANIUM MINING ON FEDERAL LANDS.
The Federal Land Policy and Management Act of 1976 shall not be
used to arbitrarily prevent uranium mining from taking place on Federal
lands. The Federal Government shall not collect additional leasing
fees, beyond that which are currently applicable, to mine uranium on
Federal lands. Any fees collected in association with commercial
uranium mining on Federal lands that should be applied for remediation
purposes, shall only be applied to the remediation of sites that
incurred damage as a result of commercial nuclear activities. Such fees
shall not be applied to the remediation of any sites that incurred
damage as a result of Government or Government-sponsored activities. | Streamline America's Future Energy Nuclear Act - Directs the Nuclear Regulatory Commission (NRC) to establish and implement an expedited procedure for issuing a Combined Construction and Operating License for a nuclear reactor.
Directs the NRC to: (1) reduce by one-half the time necessary for reactor design certification; and (2) outline to Congress an approach that will allow the NRC to develop technology-neutral guidelines for future nuclear plant licensing.
Instructs the NRC to request additional funding and personnel resources from Congress to implement this Act without delaying consideration of applications for Combined Construction and Operating Licenses or reactor design certifications not subject to expedited procedures under this Act.
Requires each national laboratory with expertise in the nuclear field to dedicate personnel to support expedited licensing and design certification procedures.
Directs the NRC and the Department of Energy (DOE) to direct educational funding to programs to enhance or directly support the activities authorized by this Act. Instructs the Secretary of Energy to establish a National Nuclear Energy Council.
Authorizes appropriations for the Nuclear Power 2010 program.
Directs DOE and the NRC to reevaluate the Next Generation Nuclear Power Plant schedule for purposes of significant acceleration.
Prohibits use of the Federal Land Policy and Management Act of 1976 to arbitrarily prevent uranium mining on federal lands.
Prohibits the federal government from collecting additional leasing fees, beyond those currently applicable to mine uranium on federal lands.
Requires that any remediation fees collected in association with commercial uranium mining on federal lands be applied only to remediation of sites that incurred damage as a result of commercial nuclear activities. Prohibits the application of such fees to remediation of sites that incurred damage as a result of government or government-sponsored activities. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Center to Advance, Monitor, and
Preserve University Security Safety Act of 2011'' or the ``CAMPUS
Safety Act of 2011''.
SEC. 2. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART LL--NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY
``SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
``(a) Authority To Establish and Operate Center.--
``(1) In general.--The Director of the Office of Community
Oriented Policing Services is authorized to establish and
operate a National Center for Campus Public Safety (referred to
in this section as the `Center').
``(2) Grant authority.--The Director of the Office of
Community Oriented Policing Services is authorized to award
grants to institutions of higher education and other nonprofit
organizations to assist in carrying out the functions of the
Center required under subsection (b).
``(b) Functions of the Center.--The Center shall--
``(1) provide quality education and training for campus
public safety agencies of institutions of higher education and
the agencies' collaborative partners, including campus mental
health agencies;
``(2) foster quality research to strengthen the safety and
security of institutions of higher education;
``(3) serve as a clearinghouse for the identification and
dissemination of information, policies, procedures, and best
practices relevant to campus public safety, including off-
campus housing safety, the prevention of violence against
persons and property, and emergency response and evacuation
procedures;
``(4) develop protocols, in conjunction with the Attorney
General, the Secretary of Homeland Security, the Secretary of
Education, State, local, and tribal governments and law
enforcement agencies, private and nonprofit organizations and
associations, and other stakeholders, to prevent, protect
against, respond to, and recover from, natural and man-made
emergencies or dangerous situations involving an immediate
threat to the health or safety of the campus community;
``(5) promote the development and dissemination of
effective behavioral threat assessment and management models to
prevent campus violence;
``(6) coordinate campus safety information (including ways
to increase off-campus housing safety) and resources available
from the Department of Justice, the Department of Homeland
Security, the Department of Education, State, local, and tribal
governments and law enforcement agencies, and private and
nonprofit organizations and associations;
``(7) increase cooperation, collaboration, and consistency
in prevention, response, and problem-solving methods among law
enforcement, mental health, and other agencies and
jurisdictions serving institutions of higher education;
``(8) develop standardized formats and models for mutual
aid agreements and memoranda of understanding between campus
security agencies and other public safety organizations and
mental health agencies; and
``(9) report annually to Congress and the Attorney General
on activities performed by the Center during the previous 12
months.
``(c) Coordination With Available Resources.--In establishing the
Center, the Director of the Office of Community Oriented Policing
Services shall--
``(1) consult with the Secretary of Homeland Security, the
Secretary of Education, and the Attorney General of each State;
and
``(2) coordinate the establishment and operation of the
Center with campus public safety resources that may be
available within the Department of Homeland Security and the
Department of Education.
``(d) Definition of Institution of Higher Education.--In this
section, 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).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,750,000 for each of the
fiscal years 2012 through 2016.''.
SEC. 3. JUSTICE PROGRAM CONSOLIDATION.
(a) In General.--Effective 30 days after the date of enactment of
this Act, the Office of Dispute Resolution of the Department of Justice
and the jurisdiction and employees of such office shall be--
(1) transferred to the Office of Legal Policy of the
Department of Justice; and
(2) funded through the general administration appropriation
of the Office of Legal Policy.
(b) Additional Amount.--The Attorney General shall implement
policies that will result in at least $1,000,000 in savings through
consolidating ineffective or duplicative programs over the period of
fiscal years 2012 through 2016. | Center to Advance, Monitor, and Preserve University Security Safety Act of 2011 or CAMPUS Safety Act of 2011 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Office of Community Oriented Policing Services to establish and operate a National Center for Campus Public Safety.
Tasks the Center with strengthening the safety and security of institutions of higher education (IHEs) by: (1) training IHE public safety agencies and their collaborative partners; (2) fostering relevant research; (3) collecting, coordinating, and disseminating information and best practices regarding campus safety; (4) developing protocols to prevent, protect against, respond to, and recover from natural and man-made emergencies that threaten the campus community; and (5) increasing cooperation between IHEs and the law enforcement, mental health, and other agencies and jurisdictions that serve them.
Authorizes the Director to award grants to IHEs and other nonprofit organizations for activities that will assist the Center in performing its functions.
Transfers the Office of Dispute Resolution in the Department of Justice to the Office of Legal Policy.
Directs the Attorney General to save $1 million by consolidating ineffective or duplicative programs through FY2016. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan Highway Restoration Act''.
SEC. 2. NATIONAL ORPHAN HIGHWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 165. National orphan highways program
``(a) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants and
provide technical assistance to States, and units of local
government to--
``(A) perform preventive maintenance on or carry
out projects for resurfacing, restoration,
reconstruction, and rehabilitation of an orphan
highway, as defined in subsection (e); and
``(B) rehabilitate, repair, or construct sidewalks,
medians, bike lanes, traffic-calming devices,
signaling, or signage to enhance community livability
on or adjacent to an orphan highway.
``(2) Priority.--In making grants, the Secretary shall give
priority to projects that--
``(A) include rehabilitation measures that focus on
pedestrian safety;
``(B) are coordinated with State and local adopted
preservation or development plans;
``(C) promote cost-effective and strategic
investments in transportation infrastructure that
minimize adverse impacts on the environment;
``(D) promote innovative private sector strategies;
``(E) foster public-private partnerships;
``(F) include a higher percentage of State or
locally matched funds;
``(G) have zoning designations that support more
intensive, mixed-use development along part or all of
the route; or
``(H) upon completion, will result in the transfer
of ongoing management and administrative
responsibilities from the State to the local
jurisdiction.
``(3) Distribution of funds.--The Secretary shall allocate
funds made available for this section for fiscal years 2004
through 2009 among the grant recipients, using 2000 census data
as follows:
``(A) not less than 20 percent to units of local
government with a population between 50,000 and 250,000
residents; and
``(B) not less than 50 percent to units of local
government with a population of less than 50,000.
``(b) Savings Clause.--The Secretary shall not withhold any grant
or impose any requirement on a grant recipient as a condition of
providing a grant or technical assistance for any orphan highway unless
the requirement is consistent with the authority provided in this
chapter.
``(c) Federal Share.--The Federal share of the cost of carrying out
a project under this section shall be 80 percent, except that, in the
case of an orphan highway that provides access to or within Federal or
Indian land, the head of a Federal land management agency may use funds
authorized for such agency for the non-Federal share.
``(d) Administrative Oversight.--A grant recipient may use not more
than 2 percent of funds received under this section for administrative
costs.
``(e) Definitions.--For purposes of this Act the following
definitions apply:
``(1) Orphan highway.--
``(A) is or was formerly a United States numbered
highway;
``(B) is located within the boundaries of a unit of
local government as defined under paragraph (2);
``(C) is no longer a principal route for traffic
passing through the State after construction of a
bypass or Interstate;
``(D) currently functions as a county, parish, or
city arterial or collector route, or provides access to
or within Federal or tribal lands; and
``(E) because of decreased importance to statewide
transportation, has received only routine maintenance
but needs significant resurfacing, restoration,
reconstruction, or rehabilitation.
``(2) Unit of local government.--The term `unit of local
government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and impose taxes;
``(C) an Indian Tribe (as that term is defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b); or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of
Columbia or the Federal Government that performs law
enforcement functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 164 the following:
``165. National orphan highways program.''. | Orphan Highway Restoration Act - Directs the Secretary of Transportation to make grants and provide technical assistance to States and local governments to: (1) perform preventive maintenance on or carry out projects for resurfacing, restoration, reconstruction, and rehabilitation of orphan highways; and (2) rehabilitate, repair, or construct sidewalks, medians, bike lanes, traffic-calming devices, signaling, or signage to enhance community livability on or adjacent to such highways.
Defines "orphan highway" as one that: (1) is or was formerly a United States numbered highway; (2) is located within the boundaries of a local government (which includes an Indian Tribe); (3) is no longer a principal route for traffic passing through the State after construction of a bypass or Interstate; (4) currently functions as a county, parish, or city arterial or collector route or provides access to or within Federal or tribal lands; and (5) because of decreased importance to statewide transportation has received only routine maintenance, but needs significant resurfacing, restoration, reconstruction, or rehabilitation.
Specifies projects to receive funding priority, such as those that include rehabilitation measures that focus on pedestrian safety, that are coordinated with State and local adopted preservation plans, that promote cost-effective and strategic investments in transportation infrastructure that minimizes adverse environmental impacts, or that foster public-private partnerships.
Sets forth provisions regarding fund distribution and the Federal cost share. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Admission Prevention Act
of 2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) United States border security agencies are presently
overwhelmed with more than 400 million visits across our
borders each year and safeguards need to be put in place to
make our borders more secure.
(2) Current border entry and exit systems are woefully
inadequate and the provisions included in the USA PATRIOT Act
will greatly enhance the Nation's border security so that
Americans know with greater certainty who is entering and
exiting the United States.
(3) Most of the nineteen terrorists who hijacked planes and
attacked the United States on September 11, 2001, are believed
to have entered the United States with approved visas and had
not been identified by the Immigration and Naturalization
Service as being in violation of the terms of their visa.
(4) Afghanistan harbors terrorist organizations and is host
to Osama bin Laden and his al Qaeda terrorist network.
(5) Terrorist organizations are operating in Algeria,
Lebanon, Somalia, and the United Arab Emirates, and their
members pose a threat to the people of the United States.
(6) Terrorist organizations continue to secretly operate in
Egypt and six of the individuals on the Federal Bureau of
Investigation's most wanted terrorists list are Egyptians
wanted in connection with attacks on the United States.
(7) An Egyptian, Mohamed Atta, believed to be the organizer
of the September 11, 2001, attacks, was able to enter and exit
the United States several times prior to the attacks despite
being on our Nation's terrorist watch list.
(8) Nearly half of the nineteen terrorists who hijacked
planes on September 11, 2001, were citizens of Saudi Arabia and
entered the United States on approved visas.
(9) Most of the suspects in the June 25, 1996, bombing on
United States Air Force Khobar Towers barracks at Dhahran Air
Base in Saudi Arabia are citizens of Saudi Arabia.
(10) The United States Department of State has designated
Yemen a haven for terrorists and operatives of Osama bin Laden
operating in Yemen were responsible for the 1999 attack on the
USS Cole which killed 17 and injured 39 United States sailors.
SEC. 3. TEMPORARY MORATORIUM ON THE ISSUANCE OF CERTAIN ALIEN IMMIGRANT
AND NONIMMIGRANT VISAS.
(a) Terms of Moratorium.--
(1) In general.--Subject to the provisions of this section
and notwithstanding any other provision of law, during the
moratorium period no immigrant or nonimmigrant visa for
admission to the United States may be issued to an alien--
(A) who is a citizen or national of any country
listed under paragraph (2); or
(B) was born in any country listed under paragraph
(2).
(2) Countries.--
(A) The provisions of this section shall apply with
respect to the following countries:
(i) Afghanistan.
(ii) Algeria.
(iii) Egypt.
(iv) Lebanon.
(v) Saudi Arabia.
(vi) Somalia.
(vii) United Arab Emirates.
(viii) Yemen.
(ix) Any country designated as a state
sponsor of terrorism.
(B) For purposes of this section, the term ``state
sponsor of terrorism'' means a country the government
of which the Secretary of State has determined, under
section 620A(a) of the Foreign Assistance Act of 1961,
section 6(j)(1) of the Export Administration Act of
1979, or section 40(d) of the Arms Export Control Act,
to have repeatedly provided support for acts of
international terrorism.
(3) Limitation.--Paragraph (1) shall not apply to any
diplomatic visa.
(4) Multiple citizenship.--
(A) In general.--Paragraph (1) shall apply to any
alien who is described in such paragraph
notwithstanding that the alien is, or was during the
relevant period, simultaneously a citizen or national
of a country that is not listed under paragraph (2).
(B) Visa waiver program shall not apply.--Any alien
who is described in paragraph (1) shall be ineligible
for a waiver under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), regardless of whether
the alien is a national of, or presents a passport
issued by, a country described in subsection (a)(2) of
such section.
(b) Period of Moratorium.--The moratorium period referred to in
subsection (a) shall begin 5 days after the date of the enactment of
this Act and shall terminate 30 days after the certification under
subsection (c).
(c) Certification by Attorney General.--The certification referred
to in subsection (b) is a certification by the Attorney General to the
Congress that--
(1) subsections (b) and (c) of section 403 of Public Law
107-56 have been fully implemented; and
(2) a system is in place that requires that all visas
issued to aliens who are subject to the moratorium contain
biometric data, are tamper-proof, and are machine-readable; and
(3) the systems described in sections 414(a) and 416(a) of
Public Law 107-56 have been fully implemented.
(d) Exceptions Granted by Attorney General.--
(1) In general.--Subject to paragraph (2), the Attorney
General may waive the limitations of subsection (a) in the case
of any alien if the Attorney General determines that the
admission to the United States of such alien is in the national
interest of the United States or in the interest of family
unity and if the refusal of admission of such alien would
result in exceptional and extremely unusual hardship to the
alien's spouse, parent, or child, who is a citizen of the
United States or an alien lawfully admitted for permanent
residence.
(2) Restrictions.--
(A) The waiver authority of the Attorney General
under this subsection may be delegated only to the
Commissioner of the Immigration and Naturalization
Service.
(B) The waiver authority under this subsection may
be exercised with respect to the admission of not more
than 100 aliens from each country under subsection
(a)(2) for each fiscal year.
SEC. 4. EXPANSION OF TERRORIST ACTIVITIES FOR PURPOSES OF DEPORTATION.
(a) Amendment to INA.--Section 237(a)(4)(B) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``as
defined in section 212(a)(3)(B)(iii))'' and inserting ``as described
under section 212(a)(3)(B))''.
(b) Retroactive Application of Amendment.--The amendments made by
this section shall take effect on the date of the enactment of this Act
and shall apply to--
(1) all actions taken by an alien before, on, or after such
date; and
(2) all aliens, without regard to the date of entry or
attempted entry into the United States in removal proceedings
on or after such date (except for proceedings in which there
has been a final administrative decision before such date).
SEC. 5. INQUIRY REGARDING COUNTRY OF BIRTH AT POINT OF ENTRY.
(a) Inquiry by Border Officials.--The Attorney General shall
require by regulation that Federal border officials inquire of each
individual entering the United States as to the individual's country of
birth.
(b) Visa Requirement.--The Attorney General shall require, by
regulation, that all nonimmigrant visas for entry into the United
States indicate the country of birth of the alien.
SEC. 6. ELIMINATING WAIVER AUTHORITY RELATING TO IMPLEMENTATION OF
MACHINE READABLE PASSPORTS.
Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1187(a)(3)), as amended by Public Law 107-56) is amended by striking
subparagraph (B).
SEC. 7. GENERAL ACCOUNTING OFFICE STUDY.
Not later than 6 months after the date of the enactment of this Act
and every 6 months thereafter, the General Accounting Office shall
submit to the Congress a report, in classified and unclassified format,
which evaluates the status of the following:
(1) The reforms taken within the Immigration and
Naturalization Service to safeguard the borders of the United
States.
(2) The ability of the Federal Government to prevent
terrorists from entering the United States.
(3) The ability of the Federal Government to locate and
monitor the travel of aliens in the United States.
(4) The degree of cooperation among the Federal Bureau of
Investigation, the Immigration and Naturalization Service, the
intelligence agencies, and other Federal, State, and local law
enforcement officials.
(5) The background check process for aliens seeking visas
for admission to the United States.
(6) The implementation of other measures to safeguard the
borders of the United States and improve visa background
checks.
(7) The effectiveness of the border security in the United
States.
SEC. 8. PROHIBITION RELATING TO IMMIGRATION AMNESTY.
Notwithstanding section 245(i) of the Immigration and Nationality
Act or any other provision of law, no alien who is a citizen or
national of, or was born in, any country listed under section 3(a)(2)
of this Act shall be eligible for relief under section 245(i) of the
Immigration and Nationality Act.
SEC. 9. ADDITIONAL INFORMATION REQUIRED OF REGISTERED ALIENS.
(a) Additional Information.--Section 265 of the Immigration and
Nationality Act (8 U.S.C. 1305) is amended by adding at the end the
following new subsection:
``(d) In addition to such other information as the Attorney General
may by regulation require under subsection (a), the Attorney General
shall require by regulation that aliens required to be registered under
this title annually notify the Attorney General, in the manner
prescribed by the Attorney General, which shall include electronic
means, of the following information: address, telephone number,
employer, employer address and telephone number, educational
institution, name and address of visa sponsor, marital status, and
birth of child. Aliens shall be required to notify the Attorney General
not more than 30 days after any change in such information.''.
(b) Penalties.--Section 266(b) of the Immigration and Nationality
Act (8 U.S.C. 1306(b)) is amended by striking ``$200'' and inserting
``$500''. | Terrorist Admission Prevention Act of 2002 - Establishes a temporary moratorium, with limited waiver authority by the Attorney General, on the issuance of immigrant and nonimmigrant visas (excluding diplomatic visas) to an alien who is a citizen (including multiple citizenship) or national of, or who was born in, one of the following countries: (1) Afghanistan; (2) Algeria; (3) Egypt; (4) Lebanon; (5) Saudi Arabia; (6) Somalia; (7) United Arab Emirates; (8) Yemen; or (9) any country designated as a state sponsor of terrorism.Excludes any such alien from: (1) amnesty entry; or (2) visa waiver program entry.Amends the Immigration and Nationality Act to: (1) expand, and make retroactive, terrorist activity-based grounds for deportation; (2) eliminate waiver authority respecting implementation of machine readable passports; and (3) require additional information from registered aliens (and increases the monetary penalty for failure to provide notice of address change).Requires: (1) Federal border officials to inquire as to the country of birth of each person entering the United States; (2) that nonimmigrant entry visas indicate the alien's country of birth; and (3) periodic General Accounting Office reports respecting border security, alien tracking, Federal agency cooperation and reforms, and related matters. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older and Disabled Americans
Protection Act of 1997''.
SEC. 2. BACKGROUND CHECKS.
(a) In General.--A shared housing referral service, as determined
for the purpose of this section by the Attorney General, may request
the Attorney General to conduct a search and exchange of records under
subsection (b) regarding any applicant for participation in a shared
housing arrangement as a service provider resident by--
(1) submitting, to the Attorney General--
(A) fingerprints (or another form of positive
identification approved by the Attorney General)
regarding such applicant; and
(B) a written statement authorizing the shared
housing referral service to request the search and
exchange of records regarding the applicant, which is
signed by the applicant; and
(2) making the submission of the information under
paragraph (1) not more than 1 day (not including Saturdays,
Sundays, and legal public holidays under section 6103 of title
5, United States Code) after completing acquiring the
information.
(b) Search and Exchange of Records.--Pursuant to any submission
that complies with subsection (a), the Attorney General shall search
the records of the Criminal Justice Information Services Division of
the Federal Bureau of Investigation for any criminal history records
corresponding to the fingerprints or other positive identification
submitted. The Attorney General shall provide any corresponding
information identified by the search to the appropriate State or local
governmental agency authorized to receive such information.
(c) Use of Information.--Information regarding any applicant for
participation in a shared housing arrangement obtained pursuant to
subsection (b) may be used only by the shared housing referral service
requesting the information and only for determining the suitability of
the applicant for participation in a shared housing arrangement as a
service provider resident.
(d) Fees.--The Attorney General may charge a reasonable fee, which
may not exceed $50, to any shared housing referral service requesting a
search and exchange of records pursuant to subsection (b) to cover the
costs of conducting the search and providing the records.
(e) Report.--The Attorney General shall submit a report to the
House of Representatives and the Senate not later than 2 years after
the date of enactment of this Act regarding the number of requests for
searches and exchanges of records made under this section by shared
housing referral services and the disposition of such requests.
SEC. 3. CRIMINAL PENALTY.
Whoever knowingly uses any information obtained pursuant to section
2(b) in violation of section 2(c) shall be fined under title 18, United
States Code, or imprisoned for not more than 2 years, or both.
SEC. 4. ORGANIZATIONAL LIABILITY.
A shared housing referral agency that, in making a determination
regarding any referral for participation in a shared housing
arrangement, reasonably relies upon information provided to the agency
by the Attorney General pursuant to section 2 shall not be liable, in
any action for damages based on the referral determination, for any
damages resulting from incompleteness or inaccuracy or the information.
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Shared housing arrangement.--The term ``shared housing
arrangement'' means a primary residential arrangement that
consists of at least 2 persons--
(A) who reside in the same dwelling unit and share
the use of all or part of the facilities of the
dwelling unit;
(B) who have no familial relationship;
(C) one of whom is an elderly person or a person
with disabilities, who owns or is the lessee of the
dwelling unit; and
(D) another of whom who provides care or other
services for the benefit of the person described in
subparagraph (C) in exchange for free occupancy in the
dwelling unit, a reduction in the cost otherwise
charged for occupancy of the dwelling unit, or other
remuneration.
(2) Shared housing referral service.--The term ``shared
housing referral service'' means any nonprofit or for-profit
organization, person, or other entity that, for consideration,
performs services which involve the referral of individuals or
families for participation in shared housing arrangements as
service provider residents.
(3) Service provider resident.--The term ``service provider
resident'' means, with respect to a shared housing arrangement,
the individual participating in the arrangement who is
described in paragraph (1)(D).
(4) Elderly person; person with disabilities.--The terms
``elderly person'' and ``person with disabilities'' have the
meanings given such terms in section 3(b) of the United States
Housing Act of 1937.
SEC. 6. REGULATIONS.
The Attorney General may prescribe any regulations necessary to
carry out this Act, including regulations regarding the security,
confidentiality, accuracy, use, and dissemination of information and
audits and recordkeeping and the imposition of fees necessary for the
recovery of costs. | Older and Disabled Americans Protection Act of 1997 - Authorizes: (1) a shared housing (a residential arrangement involving a caretaker and at least one elderly or disabled person) referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants; and (2) the Attorney General to charge a fee for such service.
Provides a criminal penalty for the knowing use of such information for other than housing determinations.
States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katrina Housing Tax Relief Act of
2007''.
SEC. 2. EXTENSION AND EXPANSION OF LOW-INCOME HOUSING CREDIT RULES FOR
BUILDINGS IN THE GO ZONES.
(a) Time for Making Low-Income Housing Credit Allocations.--
Subsection (c) of section 1400N of the Internal Revenue Code of 1986
(relating to low-income housing credit) is amended by redesignating
paragraph (5) as paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Time for making low-income housing credit
allocations.--Section 42(h)(1)(B) shall not apply to an
allocation of housing credit dollar amount to a building
located in the Gulf Opportunity Zone, the Rita GO Zone, or the
Wilma GO Zone, if such allocation is made in 2006, 2007, or
2008, and such building is placed in service before January 1,
2011.''.
(b) Extension of Period for Treating GO Zones as Difficult
Development Areas.--
(1) In general.--Subparagraph (A) of section 1400N(c)(3) of
such Code is amended by striking ``2006, 2007, or 2008'' and
inserting ``the period beginning on January 1, 2006, and ending
on December 31, 2010''.
(2) Conforming amendment.--Clause (ii) of section
1400N(c)(3)(B) of such Code is amended by striking ``such
period'' and inserting ``the period described in subparagraph
(A)''.
(c) Community Development Block Grants Not Taken Into Account in
Determining if Buildings Are Federally Subsidized.--Subsection (c) of
section 1400N of such Code (relating to low-income housing credit), as
amended by this Act, is amended by redesignating paragraph (6) as
paragraph (7) and by inserting after paragraph (5) the following new
paragraph:
``(6) Community development block grants not taken into
account in determining if buildings are federally subsidized.--
For purpose of applying section 42(i)(2)(D) to any building
which is placed in service in the Gulf Opportunity Zone, the
Rita GO Zone, or the Wilma GO Zone during the period beginning
on January 1, 2006, and ending on December 31, 2010, a loan
shall not be treated as a below market Federal loan solely by
reason of any assistance provided under section 106, 107, or
108 of the Housing and Community Development Act of 1974 by
reason of section 122 of such Act or any provision of the
Department of Defense Appropriations Act, 2006, or the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006.''.
SEC. 3. SPECIAL TAX-EXEMPT BOND FINANCING RULE FOR REPAIRS AND
RECONSTRUCTIONS OF RESIDENCES IN THE GO ZONES.
Subsection (a) of section 1400N of the Internal Revenue Code of
1986 (relating to tax-exempt bond financing) is amended by adding at
the end the following new paragraph:
``(7) Special rule for repairs and reconstructions.--
``(A) In general.--For purposes of section 143 and
this subsection, any qualified GO Zone repair or
reconstruction shall be treated as a qualified
rehabilitation.
``(B) Qualified go zone repair or reconstruction.--
For purposes of subparagraph (A), the term `qualified
GO Zone repair or reconstruction' means any repair of
damage caused by Hurricane Katrina, Hurricane Rita, or
Hurricane Wilma to a building located in the Gulf
Opportunity Zone, the Rita GO Zone, or the Wilma GO
Zone (or reconstruction of such building in the case of
damage constituting destruction) if the expenditures
for such repair or reconstruction are 25 percent or
more of the mortgagor's adjusted basis in the
residence. For purposes of the preceding sentence, the
mortgagor's adjusted basis shall be determined as of
the completion of the repair or reconstruction or, if
later, the date on which the mortgagor acquires the
residence.
``(C) Termination.--This paragraph shall apply only
to owner-financing provided after the date of the
enactment of this paragraph and before January 1,
2011.''.
SEC. 4. GAO STUDY OF PRACTICES EMPLOYED BY STATE AND LOCAL GOVERNMENTS
IN ALLOCATING AND UTILIZING TAX INCENTIVES PROVIDED
PURSUANT TO THE GULF OPPORTUNITY ZONE ACT OF 2005.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the practices employed by State and local
governments, and subdivisions thereof, in allocating and utilizing tax
incentives provided pursuant to the Gulf Opportunity Zone Act of 2005
and this Act.
(b) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall submit a
report on the findings of the study conducted under subsection (a) and
shall include therein recommendations (if any) relating to such
findings. The report shall be submitted to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate.
(c) Congressional Hearings.--In the case that the report submitted
under this section includes findings of significant fraud, waste or
abuse, each Committee specified in subsection (b) shall, within 60 days
after the date the report is submitted under subsection (b), hold a
public hearing to review such findings.
SEC. 5. MODIFICATION OF COLLECTION DUE PROCESS PROCEDURES FOR
EMPLOYMENT TAX LIABILITIES.
(a) In General.--Section 6330(f) of the Internal Revenue Code of
1986 (relating to jeopardy and State refund collection) is amended--
(1) by striking ``; or'' at the end of paragraph (1) and
inserting a comma,
(2) by adding ``or'' at the end of paragraph (2), and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the Secretary has served a disqualified employment
tax levy,''.
(b) Disqualified Employment Tax Levy.--Section 6330 of such Code
(relating to notice and opportunity for hearing before levy) is amended
by adding at the end the following new subsection:
``(h) Disqualified Employment Tax Levy.--For purposes of subsection
(f), a disqualified employment tax levy is any levy in connection with
the collection of employment taxes for any taxable period if--
``(1) the person subject to the levy (or any predecessor
thereof) requested a hearing under this section with respect to
unpaid employment taxes arising in the most recent 2-year
period before the beginning of the taxable period with respect
to which the levy is served, and
``(2) such levy is served before February 29, 2016.
For purposes of the preceding sentence, the term `employment taxes'
means any taxes under chapter 21, 22, 23, or 24.''.
(c) Effective Date.--The amendments made by this section shall
apply to levies served on or after the date that is 120 days after the
date of the enactment of this Act.
SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Subparagraph (B) of section 401(1) of the Tax Increase Prevention
and Reconciliation Act of 2005 is amended by striking ``106.25
percent'' and inserting ``106.45 percent''.
Passed the House of Representatives March 27, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Katrina Housing Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) qualify certain buildings in the Gulf Opportunity Zone, the Rita Go Zone, and the Wilma GO Zone (GO Zones) placed in service before 2011 for the housing tax credit without regard to certain otherwise applicable restrictions if such buildings receive (or received) a state or local housing credit allocation in 2006, 2007, or 2008; (2) extend through 2010 the treatment of such Go Zones as difficult development areas for purposes of the increased housing tax credit; (3) exclude certain assistance provided under the Housing and Community Development Act of 1974 (e.g., community development block grants), the Department of Defense Appropriations Act, 2006, or the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, in determining whether Go Zone buildings eligible for the housing tax credit are federally subsidized and therefore subject to limitations on such tax credit; and (4) treat qualified GO Zone repair and reconstruction loans provided prior to January 1, 2011, as qualified rehabilitation loans for purposes of the tax exemption for exempt facility and mortgage bonds.
Directs the Comptroller General to study and report to the House Ways and Means Committee and the Senate Finance Committee on state and local practices in allocating and utilizing tax incentives provided by this Act. Requires such committees to hold public hearings if the report includes findings of significant fraud, waste or abuse.
Denies a pre-levy hearing to taxpayers upon whom the Secretary of the Treasury has served a disqualified employment tax levy. Defines a "disqualified employment tax levy" as any levy in connection with the collection of employment taxes if: (1) the person subject to the levy requested a hearing with respect to unpaid employment taxes arising in the most recent two-year period before the beginning of the taxable period with respect to which the levy is served; and (2) such levy is served before February 29, 2016.
Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase from 106.25% to 106.45% the estimated tax rate in the third quarter of 2012 for corporations with assets of not less than $1 billion. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade and Professional Association
Free Flow of Information Act of 1997''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) trade and professional associations serve the public
interest by conducting research, collecting and distributing
information, and otherwise providing services to their members
with regard to products and materials purchased and used by
those members;
(2) in the decade preceding the date of enactment of this
Act, many large class action lawsuits have been filed against
manufacturers for allegedly defective products;
(3) as a result of the lawsuits referred to in paragraph
(2), many members of trade and professional associations who
are consumers of those products have relied increasingly on
trade and professional associations for information concerning
those products, including information concerning--
(A) the conditions under which such a product may
be used effectively;
(B) whether it is necessary to repair or replace
such a product, and if such a repair or replacement is
necessary, the appropriate means of accomplishing that
repair or replacement; and
(C) any litigation concerning such a product;
(4) trade and professional associations have, with an
increasing frequency, been served broad and burdensome third-
party subpoenas from litigants in product defect lawsuits,
including class action lawsuits;
(5) members of trade and professional associations are
seeking potentially beneficial information relating to product
defects, quality, or performance from the trade and
professional associations;
(6) trade and professional associations have been subject
to lawsuits concerning methods of collection and dissemination
of that information;
(7) the burden of responding to third-party subpoenas in
product defect lawsuits and the threat of litigation have had a
substantial chilling effect on the ability and willingness of
trade and professional associations to disseminate information
described in paragraph (5) to members, and the threat that
information provided on a confidential basis to members could
be subject to discovery in a civil action also has a chilling
effect;
(8) because of the national scope of the problems described
in paragraphs (1) through (7), it is not possible for States to
fully address the problems by enacting State laws; and
(9) the Federal Government has the authority under the
United States Constitution (including article I, section 8,
clause 3 of the Constitution and the 14th amendment to the
Constitution) to remove barriers to interstate commerce and
protect due process rights.
(b) Purposes.--The purposes of this Act are to promote the free
flow of goods and services and lessen burdens on interstate commerce in
accordance with the authorities referred to in subsection (a)(9) by
ensuring the free flow of information concerning product defects,
quality, or performance among trade and professional associations and
their members.
SEC. 2. DEFINITIONS.
In this Act:
(1) Product.--
(A) In general.--The term ``product'' means any
object, substance, mixture, or raw material in a
gaseous, liquid, or solid state that--
(i) is capable of delivery itself or as an
assembled whole, in a mixed or combined state,
or as a component part or ingredient;
(ii) is produced for introduction into
trade or commerce;
(iii) has intrinsic economic value; and
(iv) is intended for sale or lease to
persons for commercial or personal use,
including improvements to real property and
fixtures that are affixed or incorporated into
those improvements.
(B) Exclusions.--The term does not include--
(i) tissue, organs, blood, and blood
products used for therapeutic or medical
purposes, except to the extent that such
tissue, organs, blood, and blood products (or
the provision thereof) are subject, under
applicable State law, to a standard of
liability other than negligence; or
(ii) electricity, natural gas, or steam.
(2) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
(3) Trade or professional association.--The term ``trade or
professional association'' means an organization described in
paragraph (3), (4), (5), or (6) of section 501(c) of the
Internal Revenue Code of 1986 that is exempt from taxation
under section 501(a) of such Code.
SEC. 3. QUALIFIED EXEMPTION FROM CIVIL LIABILITY.
(a) In General.--
(1) In general.--Except as provided in subsection (b), a
trade or professional association shall not be subject to civil
liability relating to harm caused by the provision of
information described in paragraph (2) by the trade or
professional association to a member of the trade or
professional association.
(2) Information.--The information described in this
paragraph is information relating to a product concerning--
(A) the quality of the product;
(B) the performance of the product; or
(C) any defect of the product.
(3) Applicability.--This subsection applies with respect to
civil liability under Federal or State law.
(b) Exception for Liability.--Subsection (a) shall not apply with
respect to harm caused by an act of a trade or professional association
that a court determines, on the basis of clear and convincing evidence,
to have been caused by the trade or professional association by the
provision of information described in subsection (a)(2) that the trade
or professional association--
(1) knew to be false; or
(2) provided a reckless indifference to the truth or
falsity of that information.
SEC. 4. SPECIAL MOTION TO STRIKE.
A trade or professional association may file a special motion to
strike any claim in any judicial proceeding against the trade or
professional association on the ground that the claim is based on an
act with respect to which the association is exempt from liability
under section 3.
SEC. 5. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO STRIKE.
(a) Treatment of Motion.--Upon the filing of any motion under
section 4--
(1) to the extent consistent with this section, the motion
shall be treated as a motion for summary judgment under Rule 56
of the Federal Rules of Civil Procedure (or an equivalent
motion under applicable State law); and
(2) the trial court shall hear the motion within a period
of time that is appropriate for preferred or expedited motions.
(b) Suspension of Discovery.--Upon the filing of a motion under
section 4, discovery requests to or from the moving party shall be
suspended pending a decision on--
(1) the motion; and
(2) any appeal on the ruling on the motion.
(c) Burden of Proof.--The responding party shall have the burden of
proof in presenting evidence that a motion filed under section 4 should
be denied.
(d) Basis of Determination.--A court shall make a determination on
a motion filed under section 4 on the basis of the facts contained in
the pleadings and affidavits filed in accordance with this section.
(e) Dismissal.--With respect to a claim that is the subject of a
motion filed under section 4, the court shall grant the motion and
dismiss the claim, unless the responding party has produced evidence
that would be sufficient for a reasonable finder of fact to conclude,
on the basis of clear and convincing evidence, that the moving party is
not exempt from liability for that claim under section 3.
(f) Costs.--If a moving party prevails in procuring the dismissal
of a claim as a result of a motion made under section 4, the court
shall award that party the costs incurred by the party in connection
with making the motion, including reasonable attorney and expert
witness fees.
SEC. 6. QUALIFIED EXEMPTION FROM THIRD-PARTY DISCOVERY.
(a) In General.--Notwithstanding any other provision of law, a
trade or professional association may only be served with a subpoena in
a civil action described in subsection (b) if the party that serves the
subpoena first establishes to the court, by clear and convincing
evidence that--
(1) the materials or information sought by the subpoena are
directly relevant to the civil action; and
(2) the party serving the subpoena has a compelling need
for the materials or information because the materials or
information are not otherwise available.
(b) Civil Actions Described.--A civil action described in this
subsection is a civil action--
(1) relating to the quality, performance, or defect of a
product; and
(2) to which the trade or professional association involved
is not a party.
SEC. 7. SPECIAL MOTION TO QUASH A SUBPOENA.
A trade or professional association may file a special motion to
quash a subpoena on the grounds that the trade or professional
association is exempt from any third-party discovery request under
section 6.
SEC. 8. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO QUASH.
(a) In General.--Upon the filing of any motion under section 7, the
trial court shall hear the motion within the period of time that is
appropriate for preferred or expedited motions.
(b) Suspension of Compliance.--Upon the filing of a motion under
section 7, the court shall not compel compliance with the subpoena
during the period during which--
(1) the motion is under consideration; or
(2) an appeal on the determination by the court to deny the
motion has not resulted in a final ruling by the court on the
appeal.
(c) Burden of Proof.--The responding party shall have the burden of
proof in presenting evidence that a motion filed under section 7 should
be denied.
(d) Basis of Determination.--A court shall make a determination on
a motion filed under section 7 on the basis of the facts contained in
the pleadings and affidavits filed in accordance with this section.
(e) Quashing a Subpoena.--The court shall grant a motion filed
under section 7 and quash the subpoena that is the subject of the
motion, unless the responding party proves, by clear and convincing
evidence, that the trade or professional association that received the
subpoena is not exempt from responding to the subpoena under section 6.
(f) Costs.--If a trade or professional association prevails in
procuring the quashing of a subpoena as a result of a motion made under
section 7, the court shall award the trade or professional association
the costs incurred by that trade or professional association in
connection with making the motion, including reasonable attorney and
expert witness fees.
SEC. 9. RIGHT TO OBJECT UNDER RULE 45 OF THE FEDERAL RULES OF CIVIL
PROCEDURE.
Nothing in this Act may be construed to impair the right of a trade
or professional association to serve written objections under rule
45(c)(2)(B) of the Federal Rules of Civil Procedure, or any similar
rule or procedure under applicable State law.
SEC. 10. QUALIFIED ASSOCIATION-MEMBER PRIVILEGE.
(a) In General.--Except as provided in subsection (b), a member of
a trade or professional association shall not be required to disclose
any information described in section 3(a)(2), including any materials
containing that information, that--
(1) relates to actual or anticipated litigation involving
the quality, performance, or defect of a product;
(2) is considered to be confidential by the trade or
professional association and that member; and
(3) is communicated by the trade or professional
association with the reasonable expectation that the
information will--
(A) be used in connection with actual or
anticipated litigation; and
(B) be maintained in confidence.
(b) Exception.--Subsection (a) does not apply in any action in
which a party seeking information described in that subsection has
established to a court, by clear and convincing evidence, that--
(1) the materials or information sought are directly
relevant to an action filed by that party; and
(2) the party has a compelling need for the information
because the information is not otherwise obtainable.
SEC. 11. ELECTION OF STATE REGARDING NONAPPLICABILITY.
This Act shall not apply to any civil action in a State court with
respect to which all of the parties are citizens of that State, if that
State enacts, pursuant to applicable State law, a State statute that--
(1) cites the authority of this section;
(2) specifies that the State elects to be exempt from the
requirements of this Act pursuant to this section; and
(3) contains no other provisions.
SEC. 12. PREEMPTION; APPLICABILITY.
(a) Preemption.--This Act supersedes the laws of any State to the
extent such State laws apply to matters to which this Act applies.
(b) Applicability.--Except as provided in section 11, and subject
to subsection (a), this Act applies to any civil action commenced in a
Federal or State court, on or after the date of enactment of this Act. | Trade and Professional Association Free Flow of Information Act of 1997 - Exempts a trade or professional association from civil liability relating to harm caused by the provision of specified information by the trade or professional association to a member of the trade or professional association.
Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding against the trade or professional association on the ground that the claim is based on an act with respect to which the association is exempt from liability under this Act.
Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified exemption of such associations from third-party discovery; (3) a special motion to quash a subpoena on the grounds that the trade or professional association is exempt from any third-party discovery request; (4) procedures with respect to a special motion to quash; (5) the right of such associations to object under rule 45 of the Federal Rules of Procedure or any similar rule or procedure under applicable State law; (6) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving the quality, performance, or defect of a product; (7) election of a State to be exempt from the requirements of this Act with respect to any civil action in a State court in which all of the parties are citizens of that State; and (8) preemption of State laws. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive National Mercury
Monitoring Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury is a potent neurotoxin of significant
ecological and public health concern;
(2) it is estimated that approximately 410,000 children
born each year in the United States are exposed to levels of
mercury in the womb that are high enough to impair neurological
development;
(3) the Centers for Disease Control and Prevention have
found that 6 percent of women in the United States of
childbearing age have blood mercury levels in excess of values
determined to be safe by the Environmental Protection Agency;
(4) exposure to mercury occurs largely by consumption of
contaminated fish, but fish and shellfish are important sources
of dietary protein, and a healthy fishing resource is important
to the economy of the United States;
(5) in many locations, the primary route for mercury input
to aquatic ecosystems is atmospheric emissions, transport, and
deposition;
(6) computer models and other assessment tools provide
varying effectiveness in predicting mercury concentrations in
fish, and broad-scale data sets are insufficient to test model
predictions; and
(7) a comprehensive national mercury monitoring network to
accurately quantify regional and national changes in
atmospheric deposition, ecosystem contamination, and
bioaccumulation of mercury in fish and wildlife in response to
changes in mercury emissions would help policy makers,
scientists, and the public to better understand the sources,
consequences, and trends in United States mercury pollution.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Program.--The term ``program'' means the national
mercury monitoring program established under section 4.
(3) Advisory committee.--The term ``Advisory Committee''
means the Mercury Monitoring Advisory Committee established
under section 5.
(4) Ancillary measure.--The term ``ancillary measure''
means a measure that is used to understand the impact and
interpret results of measurements under the program.
(5) Ecoregion.--The term ``ecoregion'' means a large area
of land and water that contains a geographically distinct
assemblage of natural communities, including similar land
forms, climate, ecological processes, and vegetation.
(6) Mercury export.--The term ``mercury export'' means
mercury flux from a watershed to the corresponding water body,
or from one water body to another water body (such as a lake to
a river), generally expressed as mass per unit of time.
(7) Mercury flux.--The term ``mercury flux'' means the rate
of transfer of mercury between ecosystem components (such as
between water and air), or between portions of ecosystem
components, expressed in terms of mass per unit of time or mass
per unit of area per time.
(8) Surface sediment.--The term ``surface sediment'' means
sediment in the uppermost 2 centimeters of a lakebed or
riverbed.
SEC. 4. MONITORING PROGRAM.
(a) Establishment.--
(1) In general.--The Administrator, in consultation with
the Director of the United States Fish and Wildlife Service,
the Director of the United States Geological Survey, the
Director of the National Park Service, the Administrator of the
National Oceanic and Atmospheric Administration, and the heads
of other appropriate Federal agencies, shall establish a
national mercury monitoring program.
(2) Purpose.--The purpose of the program is to track--
(A) long-term trends in atmospheric mercury
concentrations and deposition; and
(B) mercury levels in watersheds, surface water,
and fish and wildlife in terrestrial, freshwater, and
coastal ecosystems in response to changing mercury
emissions over time.
(3) Monitoring sites.--
(A) In general.--In carrying out paragraph (1), not
later than 1 year after the date of enactment of this
Act and in coordination with the Advisory Committee,
the Administrator shall select multiple monitoring
sites representing multiple ecoregions of the United
States.
(B) Locations.--Locations of monitoring sites shall
include National Parks, National Wildlife Refuges,
National Estuarine Research Reserve units, and
sensitive ecological areas in which substantive changes
are expected from reductions in domestic mercury
emissions.
(C) Colocation.--Monitoring sites shall be
colocated with sites from other long-term environmental
monitoring programs, where practicable, including sites
associated with the National Ecological Observatory
Network, Long-Term Ecological Research Network, and the
National Atmospheric Deposition Program.
(D) Monitoring protocols.--Not later than 1 year
after the date of enactment of this Act, the
Administrator, in coordination with the Advisory
Committee, shall establish and publish standardized
measurement protocols for the program under this Act.
(4) Data collection and distribution.--Not later than 1
year after the date of enactment of this Act, the
Administrator, in coordination with the Advisory Committee,
shall establish a centralized database for existing and newly
collected environmental mercury data that can be freely
accessed on the Internet once data assurance and quality
standards established by the Administrator are met.
(b) Functions.--
(1) In general.--Under the program, the Administrator, in
consultation with the appropriate Federal agencies and the
Advisory Committee, shall at a minimum carry out monitoring
described in paragraphs (2) through (4) at the locations
selected under subsection (a)(3).
(2) Air and watersheds.--The program shall monitor long-
term changes in mercury levels and important ancillary measures
in the air, including--
(A) the measurement and recording of wet and
estimation of dry mercury deposition, mercury flux, and
mercury export;
(B) the measurement and recording of the level of
mercury reemitted from aquatic and terrestrial
environments into the atmosphere; and
(C) the measurement of sulfur species and ancillary
measurements to fully understand the cycling of mercury
through the ecosystem.
(3) Water and soil chemistry.--The program shall monitor
long-term changes in mercury and methyl mercury levels and
important ancillary measures in the water and soil or
sediments, including--
(A) extraction and analysis of soil and sediment
cores;
(B) measurement and recording of total mercury and
methyl mercury concentration, and percent methyl
mercury in surface sediments;
(C) measurement and recording of total mercury and
methyl mercury concentration in surface water; and
(D) measurement and recording of total mercury and
methyl mercury concentrations throughout the water
column and sediments.
(4) Aquatic and terrestrial organisms.--The program shall
monitor long-term changes in mercury and methyl mercury levels
and important ancillary measures in the aquatic and terrestrial
organisms, including--
(A) measurement and recording of total mercury and
methyl mercury concentrations in--
(i) zooplankton and other invertebrates;
(ii) yearling fish; and
(iii) commercially, recreationally, or
conservation relevant fish; and
(B) measurement and recording of total mercury
concentrations in--
(i) selected insect- and fish-eating birds;
and
(ii) measurement and recording of total
mercury concentrations in selected insect- and
fish-eating mammals.
SEC. 5. ADVISORY COMMITTEE.
(a) Establishment.--The Administrator, in consultation with the
Director of the United States Fish and Wildlife Service, the Director
of the United States Geological Survey, the Director of the National
Park Service, the Administrator of the National Oceanic and Atmospheric
Administration, and the heads of other appropriate Federal agencies,
shall establish a scientific advisory committee, to be known as the
``Mercury Monitoring Advisory Committee'', to advise the Administrator
and those Federal agencies on the establishment, site selection,
measurement, recording protocols, and operation of the national mercury
monitoring program.
(b) Membership.--The Advisory Committee shall consist of scientists
who are not employees of the Federal Government, including--
(1) 3 scientists appointed by the Administrator;
(2) 2 scientists appointed by the Director of the United
States Fish and Wildlife Service;
(3) 2 scientists appointed by the Director of the United
States Geological Survey;
(4) 2 scientists appointed by the Director of the National
Park Service; and
(5) 2 scientists appointed by the Administrator of the
National Oceanic and Atmospheric Administration.
SEC. 6. REPORTS AND PUBLIC DISCLOSURE.
(a) Reports.--Not later than 2 years after the date of enactment of
this Act and every 2 years thereafter, the Administrator shall submit
to Congress a report on the program, including trend data.
(b) Assessment.--At least once every 4 years, the report required
under subsection (a) shall include an assessment of the reduction in
mercury deposition rates that are required to be achieved in order to
prevent adverse human and ecological effects.
(c) Availability of Data.--The Administrator shall make all data
obtained under this Act available to the public through a dedicated
website and on written request.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $37,000,000 for fiscal year 2012;
(2) $29,000,000 for fiscal year 2013; and
(3) $29,000,000 for fiscal year 2014. | Comprehensive National Mercury Monitoring Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a national mercury monitoring program that monitors: (1) long-term changes in mercury levels and important ancillary measures in the air, and (2) long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments and in aquatic and terrestrial organisms.
Requires the Administrator to: (1) select multiple monitoring sites representing multiple ecoregions that include national parks, wildlife refuges, National Estuarine Research Reserve units, and other sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions; (2) establish and publish standardized measurement protocols for the program; and (3) establish a centralized database for environmental mercury data.
Requires the Administrator to: (1) establish a Mercury Monitoring Advisory Committee to advise the Administrator on the establishment, site selection, measurement, recording protocols, and operation of the program; (2) report on the program every two years and include, every four years, an assessment of the reduction in mercury deposition rates that are required to be achieved in order to prevent adverse human and ecological effects; and (3) make all data obtained under this Act available to the public through a dedicated website and on written request. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Compensation
Protection Act of 1995''.
SEC. 2. CONTINUANCE OF CIVILIAN PAY DURING PERIODS OF LAPSED
APPROPRIATIONS.
(a) Continuance of Pay.--Subchapter III of chapter 55 of title 5,
United States Code, is amended by redesignating section 5527 as section
5528 and inserting after section 5526 the following:
``Sec. 5527. Continuance of pay during periods of lapsed appropriations
``(a) For purposes of this section--
``(1) the term `period of lapsed appropriations', when used
with respect to an employee, means any period during which
appropriations are not available due to the absence of the
timely enactment of any Act or joint resolution appropriating
funds for the employing agency of the employee;
``(2) the term `employee' means an individual employed (or
holding office) in or under an agency;
``(3) the term `agency' means--
``(A) an Executive agency;
``(B) the judicial branch;
``(C) the Library of Congress;
``(D) the Government Printing Office;
``(E) the legislative branch (excluding any agency
otherwise referred to in this paragraph); and
``(F) the government of the District of Columbia;
``(4) the term `pay' means--
``(A) basic pay;
``(B) premium pay;
``(C) agency contributions for retirement and life
and health insurance; and
``(D) any other element of aggregate compensation,
including allowances, differentials, bonuses, awards,
and other similar cash payments; and
``(5) the term `furlough' means the placing of an employee
in a temporary status without duties and pay because of lack of
work or funds or other nondisciplinary reasons.
``(b) For any period of lapsed appropriations, there are
appropriated, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary for the pay of any employee
who--
``(1) performs service as an employee during the period of
lapsed appropriations; or
``(2) is prevented from serving during such period by
reason of having been furloughed due to a lapse in
appropriations.
``(c)(1) Notwithstanding section 1341 of title 31, any employee who
is furloughed due to a lapse in appropriations shall be paid for the
period during which such employee is so furloughed.
``(2) For purposes of paragraph (1), the pay payable to an employee
for any period during which such employee is furloughed shall be the
pay that would have been payable to such employee for such period had
such employee not been furloughed.
``(d) For purposes of carrying out section 5528 with respect to
this section, any reference in section 5528(b) to an agency outside the
executive branch shall be construed based on the definition of `agency'
under subsection (a).
``(e) Expenditures made for any fiscal year pursuant to this
section shall be charged to the applicable appropriation, fund, or
authorization whenever the regular appropriation bill becomes law.
``(f) This section shall take effect on October 1, 1995, and shall
terminate on September 30, 1996.''.
(b) Technical and Conforming Amendments.--(1) The heading for
subchapter III of chapter 55 of title 5, United States Code, is amended
by striking ``AND ASSIGNMENT'' and inserting ``ASSIGNMENT, AND
CONTINUANCE''.
(2) The table of sections at the beginning of chapter 55 of title
5, United States Code, is amended by striking the item relating to
section 5527 and inserting the following:
``5527. Continuance of pay during periods of lapsed appropriations.
``5528. Regulations.''.
(3) The table of sections at the beginning of chapter 55 of title
5, United States Code, is further amended by striking ``AND
ASSIGNMENT'' in the item relating to subchapter III and inserting
``ASSIGNMENT, AND CONTINUANCE''.
SEC. 3. CONTINUANCE OF MILITARY PAY DURING PERIODS OF LAPSED
APPROPRIATIONS.
(a) Continuance of Pay.--Chapter 19 of title 37, United States
Code, is amended by adding at the end the following:
``Sec. 1015. Continuance of pay during periods of lapsed appropriations
``(a) For the purposes of this section--
``(1) the term `pay', with respect to a member of a
uniformed service, means the pay and allowances of such member;
and
``(2) the term `period of lapsed appropriations', when used
with respect to any member, means any period during which
appropriations are not available due to the absence of the
timely enactment of any Act or joint resolution appropriating
funds for the uniformed service of that member.
``(b) For any period of lapsed appropriations, there are
appropriated, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary for the pay of any member
serving as a member of a uniformed service during the period of lapsed
appropriations.
``(c) Expenditures made for any fiscal year pursuant to this
section shall be charged to the applicable appropriation, fund, or
authorization whenever the regular appropriation bill becomes law.
``(d) This section shall take effect on October 1, 1995, and
terminate on September 30, 1996.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 19 of title 37, United States Code, is amended
by inserting after the item relating to section 1014 the following:
``1015. Continuance of pay during periods of lapsed appropriations.''. | Federal Employee Compensation Protection Act of 1995 - Amends Federal civil service and armed forces law to provide for the temporary continuance of basic civilian and military pay and associated benefits and allowances of Federal and District of Columbia personnel during any period of lapsed appropriations in which they perform service or are furloughed due to the failure to timely enact appropriations legislation for the employee's agency. Appropriates funds for such purposes, which shall be charged to the applicable appropriation, fund, or authorization whenever the regular appropriation bill becomes law. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Birth Defects and Developmental
Disabilities Prevention Act of 2003''.
SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL
DISABILITIES.
Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)--
(i) by striking ``and developmental disabilities'' and
inserting ``, developmental disabilities, and disabilities
and health''; and
(ii) by striking ``subsection (d)(2)'' and inserting
``subsection (c)(2)'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(D) to conduct research on and to promote the prevention
of such defects and disabilities, and secondary health
conditions among individuals with disabilities; and
``(E) to support a National Spina Bifida Program to prevent
and reduce suffering from the Nation's most common permanently
disabling birth defect.'';
(2) by striking subsection (b);
(3) in subsection (d)--
(A) by striking paragraph (1) and inserting the following:
``(1) contains information regarding the incidence and
prevalence of birth defects, developmental disabilities, and the
health status of individuals with disabilities and the extent to
which these conditions have contributed to the incidence and
prevalence of infant mortality and affected quality of life;'';
(B) in paragraph (3), by inserting ``, developmental
disabilities, and secondary health conditions among individuals
with disabilities'' after ``defects'';
(C) in paragraph (4), by striking ``and'' at the end;
(D) by redesignating paragraph (5) as paragraph (7); and
(E) by inserting after paragraph (4) the following:
``(5) contains information on the incidence and prevalence of
individuals living with birth defects and disabilities or
developmental disabilities, information on the health status of
individuals with disabilities, information on any health
disparities experienced by such individuals, and recommendations
for improving the health and wellness and quality of life of such
individuals;
``(6) contains a summary of recommendations from all birth
defects research conferences sponsored by the Centers for Disease
Control and Prevention, including conferences related to spina
bifida; and'';
(4) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively;
(5) by inserting after subsection (d) (as so redesignated), the
following:
``(e) Advisory Committee.--Notwithstanding any other provision of
law, the members of the advisory committee appointed by the Director of
the National Center for Environmental Health that have expertise in
birth defects, developmental disabilities, and disabilities and health
shall be transferred to and shall advise the National Center on Birth
Defects and Developmental Disabilities effective on the date of
enactment of the Birth Defects and Developmental Disabilities
Prevention Act of 2003.''; and
(6) in subsection (f), by striking ``$30,000,000'' and all that
follows and inserting ``such sums as may be necessary for each of
fiscal years 2003 through 2007.''.
SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL
DISABILITIES.
(a) In General.--Section 122(a) of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15022(a)) is
amended--
(1) in paragraph (3)(A)(ii), by inserting before the period the
following: ``, the amount received by the State for the previous
year, or the amount of Federal appropriations received in fiscal
year 2000, 2001, or 2002, whichever is greater''; and
(2) in paragraph (4)(A)(ii), by inserting before the period the
following: ``, the amount received by the State for the previous
year, or the amount of Federal appropriations received in fiscal
year 2000, 2001, or 2002, whichever is greater''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2003 and apply to allotments beginning in
fiscal year 2004.
SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Health and Human Services jointly with the Secretary
of Education shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce and
Committee on Education and the Workforce of the House of
Representatives a report concerning surveillance activities under
section 102 of the Children's Health Act of 2000 (Public Law 106-310),
specifically including--
(1) a description of the current grantees under the National
Autism and Pervasive Developmental Disabilities Surveillance
Program and the Centers of Excellence in Autism and Pervasive
Developmental Disabilities, the data collected, analyzed, and
reported under such grants, the sources of such data, and whether
such data was obtained with parental consent as required under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g);
(2) a description of current sources of data for the
surveillance of autism and developmental disabilities and the
methods for obtaining such data, including whether such data was
obtained with parental or patient consent for disclosure;
(3) an analysis of research on autism and developmental
disabilities with respect to the methods of collection and
reporting, including whether such research was obtained with
parental or patient consent for disclosure;
(4) an analysis of the need to add education records in the
surveillance of autism and other developmental disabilities,
including the methodological and medical necessity for such records
and the rights of parents and patients in the use of education
records (in accordance with the Family Educational Rights and
Privacy Act of 1974);
(5) a description of the efforts taken by the Centers for
Disease Control and Prevention to utilize education records in
conducting the surveillance program while obtaining parental or
patient consent for such education records, including the outcomes
of such efforts;
(6) a description of the challenges provided to obtaining
education records (in the absence of parental or patient consent)
for the purpose of obtaining additional surveillance data for
autism and other developmental disabilities; and
(7) a description of the manner in which such challenges can be
overcome, including efforts to educate parents, increase confidence
in the privacy of the surveillance program, and increase the rate
of parental or patient consent, and including specific quantitative
and qualitative justifications for any recommendations for changes
to existing statutory authority, including the Family Educational
Rights and Privacy Act of 1974.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Birth Defects and Developmental Disabilities Prevention Act of 2003 - (Sec. 2) Amends the Public Health Service Act concerning the National Center on Birth Defects and Developmental Disabilities (Center) to add "disabilities and health" to categories of data which the Secretary of Heath and Human Services is directed to collect, analyze, and make available. Requires the Secretary to conduct research on and promote the prevention of birth defects and disabilities and to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect.
Modifies Center reporting requirements, including requiring such report to contain information on: (1) individuals living with birth defects and disabilities or developmental disabilities, and recommendations for improving the health and quality of life of such individuals; and (2) recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida.
Requires that the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health be transferred to and advise the Center.
Authorizes appropriations through FY 2007 for the Center.
(Sec. 3) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to revise appropriation allotment provisions for State developmental disabilities councils.
(Sec. 4) Directs the Secretary and the Secretary of Education to jointly report on specified surveillance activities under the Children's Health Act of 2000 respecting autism and other developmental disabilities. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Premier Certified Lenders Program
Improvement Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Premier Certified Lenders Program (PCLP)
established under section 508 of the Small Business Investment
Act of 1958 (15 U.S.C. 697e) has been very successful in
helping small businesses expand.
(2) Increasing the number of premier certified lenders will
allow the Government to make available more resources to small
businesses even as the Small Business Administration downsizes.
(3) The PCLP requires premier certified lenders to set
aside unnecessarily large amounts in loss reserve accounts.
(4) Requiring premier certified lenders to maintain
unnecessarily large loss reserve accounts is inefficient and
limits the ability of lenders to serve additional small
businesses and of new lenders to join the PCLP.
(5) Premier certified lenders should be required to
maintain loss reserve accounts in amounts commensurate with the
risk of loss associated with the PCLP loan portfolio of the
lender.
(6) Changing the PCLP to require that premier certified
lenders maintain loss reserve accounts in amounts which reflect
the risk of loss associated with the loans of the PCLP will
protect taxpayers and improve the ability of the PCLP to help
small businesses create economic development.
SEC. 3. ALTERNATIVE LOSS RESERVE FOR CERTAIN PREMIER CERTIFIED LENDERS.
(a) In General.--Section 508(c) of the Small Business Investment
Act of 1958 (15 U.S.C. 697e(c)) is amended by adding at the end the
following new paragraph:
``(7) Alternative loss reserve.--
``(A) Election.--With respect to any calendar
quarter, any qualified high loss reserve PCL may elect
to have the requirements of this paragraph apply in
lieu of the requirements of paragraphs (2) and (4).
``(B) Contributions.--
``(i) Ordinary rules inapplicable.--Except
as provided under clause (ii) and paragraph
(5), a qualified high loss reserve PCL which
makes the election described in subparagraph
(A) with respect to a calendar quarter shall
not be required to make contributions to its
loss reserve during such quarter.
``(ii) Based on risk of loss.--A company
which makes the election described in
subparagraph (A) with respect to any calendar
quarter shall, before the last day of such
quarter, make such contributions to its loss
reserve as are necessary to ensure that the
amount of the loss reserve of the company is--
``(I) not less than $25,000; and
``(II) sufficient, as determined by
a third-party auditor employed by the
company, to protect the Federal
Government from the risk of loss
associated with the portfolio of PCLP
loans of the company.
``(C) Qualified high loss reserve pcl.--The term
`qualified high loss reserve PCL' means, with respect
to any calendar year, any company designated as a
premier certified lender, if the Administrator
determines that--
``(i) the amount of the loss reserve of the
company is not less than $25,000;
``(ii) the company has established a
process for analyzing the risk of loss
associated with its portfolio of PCLP loans and
for grading each PCLP loan made by the company
on the basis of the risk of loss associated
with such loan; and
``(iii)(I) in the case of a company which
was a qualified high loss reserve PCL with
respect to the preceding calendar year, a
third-party auditor employed by the company has
certified during each calendar quarter of such
year that the amount of the loss reserve of the
company is sufficient to protect the Federal
Government from the risk of loss associated
with the portfolio of PCLP loans of the
company; and
``(II) in the case of any other company, a
third-party auditor employed by the company has
certified during the preceding 90 days that the
loss reserve of the company is sufficient to
protect the Federal Government from the risk of
loss associated with the portfolio of PCLP
loans of the company.
``(D) PCLP loan.--For purposes of this paragraph,
the term `PCLP loan' means any loan guaranteed under
this section.
``(E) Calendar quarter.--For purposes of this
paragraph, the term `calendar quarter' means--
``(i) the period which begins on January 1
and ends on March 31 of each year;
``(ii) the period which begins on April 1
and ends on June 30 of each year;
``(iii) the period which begins on July 1
and ends on September 30 of each year; or
``(iv) the period which begins on October 1
and ends on December 31 of each year.''.
(b) Conforming Amendment.--Section 508(b)(2)(D) of the Small
Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)(D)) is amended by
striking ``subsection (c)(2)'' and inserting ``subsection (c)''. | Premier Certified Lenders Program Improvement Act of 2002 - Amends the Small Business Investment Act of 1958 to make loss reserve requirements of lenders under the premier certified lenders (PCL) program inapplicable to PCLs that ensure that the amount of their loss reserve is: (1) not less than $25,000; and (2) sufficient, as determined by a third-party auditor, to protect the Government from the risk of loss associated with the PCL's portfolio of loans. Designates such PCLs as qualified high loss reserve PCLs. Provides related loss reserve requirements. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cleaner Trucks for America Act of
2008''.
SEC. 2. INCREASE IN ALTERNATIVE MOTOR VEHICLE CREDIT AMOUNT FOR NEW
QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLES WEIGHING MORE
THAN 26,000 POUNDS.
(a) In General.--Subparagraph (D) of section 30B(e)(3) of the
Internal Revenue Code of 1986 is amended by striking ``$40,000'' and
inserting ``$80,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 3. INCREASE IN CREDIT FOR CERTAIN ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTIES.
(a) In General.--Subsection (b) of section 30C of the Internal
Revenue Code of 1986 is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) except as provided in paragraph (2), $30,000 in the
case of a property of a character subject to an allowance for
depreciation,
``(2) in the case of a compressed natural gas, liquefied
natural gas, or liquefied petroleum gas property the aggregate
cost of which exceeds $100,000, the lesser of--
``(A) 30 percent of such cost, or
``(B) $250,000, and
``(3) $1,000 in any other case.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 4. ALLOWANCE OF CREDITS AGAINST REGULAR AND MINIMUM TAX.
(a) Business Credits.--Subparagraph (B) of section 38(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clauses (iv) and (v), by striking the period at the end of clause
(vi) and inserting a comma, and by inserting after clause (vi) the
following new clauses:
``(vii) the portion of the credit
determined under section 30B which is
attributable to the application of subsection
(e)(3)(D) thereof, and
``(viii) the portion of the credit
determined under section 30C which is
attributable to compressed natural gas,
liquefied natural gas, or liquefied petroleum
gas property.''.
(b) Personal Credits.--
(1) New qualified alternative fuel motor vehicles weighing
more than 26,000 pounds.--Subsection (g) of section 30B of such
Code is amended by adding at the end the following new
paragraph:
``(3) Special rule relating to certain new qualified
alternative fuel motor vehicles.--In the case of the portion of
the credit determined under subsection (a) which is
attributable to the application of subsection (e)(3)(D)--
``(A) paragraph (2) shall (after the application of
paragraph (1)) be applied separately with respect to
such portion, and
``(B) in lieu of the limitation determined under
paragraph (2), such limitation shall not exceed the
excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the
tentative minimum tax for the taxable year,
reduced by
``(ii) the sum of the credits allowable
under subpart A and sections 27 and 30.''.
(2) Alternative fuel vehicle refueling properties.--
Subsection (d) of section 30C of such Code is amended by adding
at the end the following new paragraph:
``(3) Special rule relating to certain alternative fuel
vehicle refueling properties.--In the case of the portion of
the credit determined under subsection (a) which is
attributable to compressed natural gas, liquefied natural gas,
or liquefied petroleum gas property--
``(A) paragraph (2) shall (after the application of
paragraph (1)) be applied separately with respect to
such portion, and
``(B) in lieu of the limitation determined under
paragraph (2), such limitation shall not exceed the
excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the
tentative minimum tax for the taxable year,
reduced by
``(ii) the sum of the credits allowable
under subpart A and sections 27, 30, and the
portion of the credit determined under section
30B which is attributable to the application of
subsection (e)(3)(D) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Cleaner Trucks for America Act of 2008 - Amends the Internal Revenue Code to: (1) increase the credit amount for new qualified alternative fuel motor vehicles with gross vehicle weight ratings of more than 26,000 pounds from $40,000 to $80,000; (2) allow an increased tax credit for alternative fuel vehicle refueling properties that dispense compressed natural gas, liquefied natural gas, or liquefied petroleum gas; and (3) allow such credit amounts against the regular and alternative minimum tax. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cut, Cap, and Balance Act of 2015''.
TITLE I--CUT
SEC. 101. MODIFICATION OF THE CONGRESSIONAL BUDGET ACT.
Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et
seq.) is amended by adding at the end the following:
``SEC. 316. SPENDING LIMITS.
``(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that would cause the spending limits as
set forth in this section to be exceeded.
``(b) Limits.--In this section, the term `spending limits' means
for fiscal year 2016--
``(1) $2,832,215,000,000 in new budget authority; and
``(2) $2,884,442,000,000 in outlays.
``(c) Adjustments.--After the reporting of a bill or joint
resolution relating to the global war on terrorism described in
subsection (d), or the offering of an amendment thereto or the
submission of a conference report thereon--
``(1) the chair of the House or Senate Committee on the
Budget may adjust the spending limits provided in this section
for purposes of congressional enforcement, the budgetary
aggregates in the concurrent resolution on the budget most
recently adopted by the Senate and the House of
Representatives, and allocations pursuant to section 302(a) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(a)), by the
amount of new budget authority in that measure for that purpose
and the outlays flowing therefrom; and
``(2) following any adjustment under paragraph (1), the
House or Senate Committee on Appropriations may report
appropriately revised suballocations pursuant to section 302(b)
of the Congressional Budget Act of 1974 (2 U.S.C. 633(b)) to
carry out this subsection.
``(d) Global War on Terrorism.--If a bill or joint resolution is
reported making appropriations for fiscal year 2016 that designates
amounts for Overseas Contingency Operations/Global War on Terrorism for
purposes of section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)), the allowable
adjustments provided for in subsection (c) for fiscal year 2016 shall
not exceed $58,000,000,000 in budget authority and the outlays flowing
therefrom.
``SEC. 317. CERTAIN SPENDING LIMITS.
``(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that includes any provision that would
cause total spending, except as excluded in subsection (b), to exceed
the limits specified in section 316(b).
``(b) Exempt From Spending Limits.--Spending for the following
functions is exempt from the limits specified in section 316 (b):
``(1) Social Security, function 650.
``(2) Medicare, function 570.
``(3) Veterans Benefits and Services, function 700.
``(4) Net Interest, function 900.
``(5) Military personnel accounts within subfunctional
category 051.''.
SEC. 102. STATUTORY ENFORCEMENT OF SPENDING CAPS THROUGH SEQUESTRATION.
Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et
seq.) is amended by inserting after section 317, as added by section
101 of this Act, the following:
``SEC. 318. ENFORCEMENT OF DISCRETIONARY AND DIRECT SPENDING CAPS.
``(a) Implementation.--The sequesters shall be implemented as
follows:
``(1) Discretionary spending implementation.--For the
discretionary limits in section 316, pursuant to section 251(a)
of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(a)) with each category sequestered
separately.
``(2) Direct spending implementation.--(A) The
sequestration to enforce this section for direct spending shall
be implemented pursuant to section 254 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 904).
``(B) Section 255 of the Balanced Budget and Control Act of
1985 (2 U.S.C. 905) shall not apply to this section, except
that payments for military personnel accounts (within
subfunctional category 051), TRICARE for Life, Medicare
(functional category 570), military retirement, Social Security
(functional category 650), veterans (functional category 700),
net interest (functional category 900), and discretionary
appropriations shall be exempt.
``(b) Modification of Presidential Order.--
``(1) In general.--At any time after the Director of the
Office of Management and Budget issues a sequestration report
under subsection (a) and section 319(c) the provisions of
section 258A of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 907b) shall apply to the
consideration in the House of Representatives and the Senate of
a bill or joint resolution to override the order if the bill or
joint resolution, as enacted, would achieve the same level of
reductions in new budget authority and outlays for the
applicable fiscal year as set forth in the order.
``(2) Point of order.--In the House of Representatives or
Senate, it shall not be in order to consider a bill or joint
resolution which waives, modifies, or in any way alters a
sequestration order unless the chair of the House or Senate
Committee on the Budget certifies that the measure achieves the
same levels of reductions in new budget authority and outlays
for the applicable year as set forth in the order.''.
TITLE II--CAP
SEC. 201. LIMIT ON TOTAL SPENDING.
(a) Definitions.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (5) through (21) as
paragraphs (4) through (20), respectively; and
(3) by adding at the end the following:
``(21) The term `GDP', for any fiscal year, means the gross
domestic product during such fiscal year consistent with
Department of Commerce definitions.''.
(b) Caps.--Title III of the Congressional Budget Act of 1974 (2
U.S.C. 631 et seq.) is amended adding after section 318, as added by
section 102 of this Act, the following:
``SEC. 319. ENFORCING GDP OUTLAY LIMITS.
``(a) Enforcing GDP Outlay Limits.--In this section, the term `GDP
outlay limit' means an amount, as estimated by the Director of the
Office of Management and Budget, equal to--
``(1) projected GDP for that fiscal year as estimated by
OMB, multiplied by
``(2)(A) 19.9 percent for fiscal year 2016;
``(B) 19.52 percent for fiscal year 2017;
``(C) 19.14 percent for fiscal year 2018;
``(D) 18.76 percent for fiscal year 2019;
``(E) 18.38 percent for fiscal year 2020;
``(F) 18 percent for fiscal year 2021;
``(G) 18 percent for fiscal year 2021;
``(H) 18 percent for fiscal year 2022;
``(I) 18 percent for fiscal year 2023;
``(J) 18 percent for fiscal year 2024; and
``(K) 18 percent for fiscal year 2025.
``(b) GDP Outlay Limit and Outlays.--
``(1) Determining the gdp outlay limit.--The Director of
the Office of Management and Budget shall establish in the
President's budget the GDP outlay limit for the budget year.
``(2) Total federal outlays.--In this section, total
Federal outlays shall include all on-budget and off-budget
outlays.
``(c) Sequestration.--The sequestration to enforce this section
shall be implemented pursuant to section 254 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 904).
``(d) Exempt Programs.--Section 255 of the Balanced Budget and
Control Act of 1985 (2 U.S.C. 905) shall not apply to this section,
except that payments for military personnel accounts (within
subfunctional category 051), TRICARE for Life, Medicare (functional
category 570), military retirement, Social Security (functional
category 650), veterans (functional category 700), and net interest
(functional category 900) shall be exempt.''.
SEC. 202. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL BUDGET ACT OF
1974.
(a) Enforcement.--Title III of the Congressional Budget Act of 1974
(2 U.S.C. 631 et seq.) is amended by adding after section 319, as added
by section 201 of this Act, the following:
``SEC. 320. ENFORCEMENT PROCEDURES.
``It shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment, or conference
report that would cause the most recently reported current GDP outlay
limits set forth in section 319 to be exceeded.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Congressional Budget and Impoundment Control Act of 1974 is amended
by adding after the item relating to section 315 the following:
``Sec. 316. Spending limits.
``Sec. 317. Certain spending limits.
``Sec. 318. Enforcement of discretionary and direct spending caps.
``Sec. 319. Enforcing GDP outlay limits.
``Sec. 320. Enforcement procedures.''.
TITLE III--BALANCE
SEC. 301. REQUIREMENT THAT A BALANCED BUDGET AMENDMENT BE SUBMITTED TO
STATES.
(a) In General.--The Secretary of the Treasury shall not exercise
the additional borrowing authority in subsequent legislation until the
Archivist of the United States transmits to the States a balanced
budget amendment to the Constitution that--
(1) requires that total outlays not exceed total receipts;
(2) contains a spending limitation as a percentage of GDP;
and
(3) requires that tax increases be approved by a \2/3\ vote
in both Houses of Congress for their ratification.
(b) Point of Order.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that would cause the Secretary of the
Treasury to exercise additional borrowing authority described in
subsection (a) until such time as the Archivist of the United States
transmits to the States an amendment to the Constitution described in
subsection (a). | Cut, Cap, and Balance Act of 2015 This bill amends the Congressional Budget Act of 1974 to establish FY2016 spending limits of $2.832 trillion for new budget authority and $2.884 trillion for outlays. Spending for Social Security, Medicare, Veterans Benefits and Services, Net Interest, and Military Personnel is exempt from the limits. The chairs of the congressional budget committees may make specified adjustments to the limits for legislation that designates amounts for Overseas Contingency Operations/ Global War on Terrorism. The bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to limit total annual spending for FY2016-FY2025 to a specified percentage of projected annual gross domestic product (GDP), which begins at 19.9% for FY2016 and decreases each year until it reaches 18% for FY2021-FY2025. The bill enforces the spending limits using automatic spending cuts known as sequestration and specifies exemptions. The Department of the Treasury may not exercise additional borrowing authority in subsequent legislation until a balanced budget amendment to the Constitution is submitted to the states that: (1) requires that total outlays not exceed total receipts, (2) contains a spending limitation as a percentage of GDP, and (3) requires tax increases be approved by a two-thirds vote in both houses of Congress. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on the Future of
Disability Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Nation's proper goals regarding individuals with
disabilities are to ensure equality of opportunity, full
participation, independent living, and economic self-
sufficiency for such individuals;
(2) the vast changes underway in the workplace, information
technologies, and other aspects of society have been
insufficiently studied for the opportunities and hazards such
changes present for individuals with disabilities;
(3) the Federal Government has created many programs to
serve the needs of individuals with disabilities, including
programs that provide financial assistance, medical care,
education, vocational rehabilitation, housing, transportation,
legal assistance, and rehabilitation research and training, but
many of these programs operate in a manner that is inconsistent
with the Nation's goals, work at cross-purposes with each
other, are outdated, or could otherwise be improved, and new
programs to serve individuals with disabilities may need to be
established;
(4) there are Federal programs that are not viewed as
disability programs, yet serve significant numbers of
individuals with disabilities, and the impact and value of such
programs for individuals with disabilities have received
insufficient attention;
(5) the Nation is not well informed about the increasing
number of Americans with disabilities, and disability is a
health and social welfare issue of growing proportions, for
which the Nation is ill prepared; and
(6) it is incumbent upon the Federal Government to examine
its programs that serve individuals with disabilities to ensure
they are consistent with the Nation's goals, reflect the best
use of its resources, and properly anticipate societal and
technological change.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the National
Commission on the Future of Disability (referred to in this Act as the
``Commission'').
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall develop and carry out a
comprehensive study of all matters related to the nature, purpose, and
adequacy of all Federal programs serving individuals with disabilities,
in particular, programs authorized under the Social Security Act, in
terms of both current performance and future value.
(b) Matters Studied.--The Commission shall prepare an inventory of
Federal programs serving individuals with disabilities, and shall
examine--
(1) trends and projections regarding the size and
characteristics of the population of individuals with
disabilities, and the implications of such analyses for program
planning;
(2) the feasibility and design of performance standards for
the Nation's disability programs;
(3) the adequacy of Federal efforts in rehabilitation
research and training, and opportunities to improve the lives
of individuals with disabilities through all manners of
scientific and engineering research; and
(4) the adequacy of policy research available to the
Federal Government, and what actions might be undertaken to
improve the quality and scope of such research.
(c) Recommendations.--The Commission shall submit to the
appropriate committees of the Congress and to the President
recommendations and, as appropriate, proposals for legislation
regarding--
(1) which (if any) Federal disability programs should be
eliminated or augmented;
(2) what new Federal disability programs (if any) should be
established;
(3) the suitability of the organization and location of
disability programs within the Federal Government;
(4) other actions the Federal Government should take to
prevent disabilities and disadvantages associated with
disabilities; and
(5) such other matters as the Commission considers
appropriate.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 12
members, of whom--
(A) four shall be appointed by the President, of
whom not more than 2 shall be of the same major
political party;
(B) two shall be appointed by the Majority Leader
of the Senate;
(C) two shall be appointed by the Minority Leader
of the Senate;
(D) two shall be appointed by the Speaker of the
House of Representatives; and
(E) two shall be appointed by the Minority Leader
of the House of Representatives.
(2) Representation.--The Commission members shall be chosen
based on their education, training, or experience. In
appointing individuals as members of the Commission, the
President and the Majority and Minority Leaders of the Senate
and the Speaker and Minority Leader of the House of
Representatives shall seek to ensure that the membership of the
Commission reflects the diversity of individuals with
disabilities in the United States.
(b) Comptroller General.--The Comptroller General shall serve on
the Commission as an ex officio member of the Commission to advise and
oversee the methodology and approach of the study of the Commission.
(c) Prohibition Against Officer or Employee.--Each individual
appointed under subsection (a) shall not be an officer or employee of
any government.
(d) Deadline for Appointment; Term of Appointment.--Members of the
Commission shall be appointed not later than 60 days after the date of
enactment of this Act. The members shall serve on the Commission for
the life of the Commission.
(e) Meetings.--The Commission shall locate its headquarters in the
District of Columbia, and shall meet at the call of the Chairperson,
but not less than four times each year during the life of the
Commission.
(f) Quorum.--Ten members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(g) Chairperson and Vice Chairperson.--Not later than 15 days after
the members of the Commission are appointed, such members shall
designate a Chairperson and Vice Chairperson from among the members of
the Commission.
(h) Continuation of Membership.--If a member of the Commission
becomes an officer or employee of any government after appointment to
the Commission, the individual may continue as a member until a
successor member is appointed.
(i) Vacancies.--A vacancy on the Commission shall be filled in the
manner in which the original appointment was made not later than 30
days after the Commission is given notice of the vacancy.
(j) Compensation.--Members of the Commission shall receive no
additional pay, allowances, or benefits by reason of their service on
the Commission.
(k) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
SEC. 6. STAFF AND SUPPORT SERVICES.
(a) Director.--
(1) Appointment.--Upon consultation with the members of the
Commission, the Chairperson shall appoint a Director of the
Commission.
(2) Compensation.--The Director shall be paid the rate of
basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the Director may
appoint such personnel as the Director considers appropriate.
(c) Applicability of Civil Service Laws.--The staff of the
Commission shall be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the Commission,
the Director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of such agency to the Commission to assist in carrying
out the duties of the Commission under this Act.
(f) Other Resources.--The Commission shall have reasonable access
to materials, resources, statistical data, and other information from
the Library of Congress and agencies and elected representatives of the
executive and legislative branches of the Federal Government. The
Chairperson of the Commission shall make requests for such access in
writing when necessary.
(g) Physical Facilities.--The Administrator of the General Services
Administration shall locate suitable office space for the operation of
the Commission. The facilities shall serve as the headquarters of the
Commission and shall include all necessary equipment and incidentals
required for proper functioning of the Commission.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--The Commission may conduct public hearings or forums
at the discretion of the Commission, at any time and place the
Commission is able to secure facilities and witnesses, for the purpose
of carrying out the duties of the Commission under this Act.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action the Commission is
authorized to take by this section.
(c) Information.--The Commission may secure directly from any
Federal agency information necessary to enable the Commission to carry
out its duties under this Act. Upon request of the Chairperson or Vice
Chairperson of the Commission, the head of a Federal agency shall
furnish the information to the Commission to the extent permitted by
law.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devices of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devices shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 8. REPORTS.
(a) Interim Report.--Not later than 1 year prior to the date on
which the Commission terminates pursuant to section 9, the Commission
shall submit an interim report to the President and to the Congress.
The interim report shall contain a detailed statement of the findings
and conclusions of the Commission, together with the Commission's
recommendations for legislative and administrative action, based on the
activities of the Commission.
(b) Final Report.--Not later than the date on which the Commission
terminates, the Commission shall submit to the Congress and to the
President a final report containing--
(1) a detailed statement of final findings, conclusions,
and recommendations; and
(2) an assessment of the extent to which recommendations of
the Commission included in the interim report under subsection
(a) have been implemented.
(c) Printing and Public Distribution.--Upon receipt of each report
of the Commission under this section, the President shall--
(1) order the report to be printed; and
(2) make the report available to the public upon request.
SEC. 9. TERMINATION.
The Commission shall terminate on the date that is 2 years after
the date on which the members of the Commission have met and designated
a Chairperson and Vice Chairperson.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | National Commission on the Future of Disability Act - Establishes the National Commission on the Future of Disability to study and report to the President and the Congress on the adequacy of Federal programs serving persons with disabilities, especially programs authorized under the Social Security Act.
Authorizes appropriations. | billsum_train |
Condense the following text into a summary: SECTION 1. CONSENT OF CONGRESS TO THE HISTORIC CHATTAHOOCHEE COMPACT
BETWEEN THE STATES OF ALABAMA AND GEORGIA.
The consent of Congress is given to the amendment of articles I,
II, and III of the Historic Chattahoochee Compact between the States of
Alabama and Georgia, which articles, as amended, read as follows:
``ARTICLE I
``The purpose of this compact is to promote the cooperative
development of the Chattahoochee valley's full potential for historic
preservation and tourism and to establish a joint interstate authority
to assist in these efforts.
``ARTICLE II
``This compact shall become effective immediately as to the States
ratifying it whenever the States of Alabama and Georgia have ratified
it and Congress has given consent thereto.
``ARTICLE III
``The States which are parties to this compact (hereinafter
referred to as `party States') do hereby establish and create a joint
agency which shall be known as the Historic Chattahoochee Commission
(hereinafter referred to as the `Commission'). The Commission shall
consist of 28 members who shall be bona fide residents and qualified
voters of the party States and counties served by the Commission.
Election for vacant seats shall be by majority vote of the voting
members of the Commission board at a regularly scheduled meeting. In
Alabama, two shall be residents of Barbour County, two shall be
residents of Russell County, two shall be residents of Henry County,
two shall be residents of Chambers County, two shall be residents of
Lee County, two shall be residents of Houston County, and two shall be
residents of Dale County. In Georgia, one shall be a resident of Troup
County, one shall be a resident of Harris County, one shall be a
resident of Muscogee County, one shall be a resident of Chattahoochee
County, one shall be a resident of Stewart County, one shall be a
resident of Randolph County, one shall be a resident of Clay County,
one shall be a resident of Quitman County, one shall be a resident of
Early County, one shall be a resident of Seminole County, and one shall
be a resident of Decatur County. In addition, there shall be three at-
large members who shall be selected from any three of the Georgia
member counties listed above. The Commission at its discretion may
appoint as many advisory members as it deems necessary from any Georgia
or Alabama County which is located in the Chattahoochee Valley area.
The contribution of each party State shall be in equal amounts. If the
party States fail to appropriate equal amounts to the Commission during
any given fiscal year, voting membership on the Commission board shall
be determined as follows: The State making the larger appropriation
shall be entitled to full voting membership. The total number of
members from the other State shall be divided into the amount of the
larger appropriation and the resulting quotient shall be divided into
the amount of the smaller appropriation. The then resulting quotient,
rounded to the next lowest whole number, shall be the number of voting
members from the State making the smaller contribution. The members of
the Commission from the State making the larger contribution shall
decide which of the members from the other State shall serve as voting
members, based upon the level of tourism, preservation, promotional
activity, and general support of the Commission's activities by and in
the county of residence of each of the members of the State making the
smaller appropriation. Such determination shall be made at the next
meeting of the Commission following September 30 of each year. Members
of the Commission shall serve for terms of office as follows: Of the 14
Alabama members, one from each of said counties shall serve for two
years and the remaining member of each county shall serve for four
years. Upon the expiration of the original terms of office of Alabama
members, all successor Alabama members shall be appointed for four-year
terms of office, with seven vacancies in the Alabama membership
occurring every two years. Of the 14 Georgia members, seven shall serve
four-year terms and seven two-year terms for the initial term of this
compact. The terms of the individual Georgia voting members shall be
determined by their place in the alphabet by alternating the four- and
two-year terms beginning with Chattahoochee County, four years, Clay
County, two years, Decatur County, four years, etc. Upon the expiration
of the original terms of office of Georgia members, all successor
Georgia members shall be appointed for four-year terms of office, with
seven vacancies in the Georgia membership occurring every two years. Of
the three Georgia at-large board members, one shall serve a four-year
term and two shall serve two-year terms.
``All board members shall serve until their successors are
appointed and qualified. Vacancies shall be filled by the voting
members of the Commission. The first chairman of the commission created
by this compact shall be elected by the board of directors from among
its voting membership. Annually thereafter, each succeeding chairman
shall be selected by the members of the Commission. The chairmanship
shall rotate each year among the party States in order of their
acceptance of this compact. Members of the Commission shall serve
without compensation but shall be entitled to reimbursement for actual
expenses incurred in the performance of the duties of the
Commission.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Grants the consent of the Congress to the amendment to articles I, II, and III of the Historic Chattahoochee Compact between Alabama and Georgia which: (1) provide that the purpose of the Compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism; (2) make such Compact effective immediately as to the States ratifying it whenever Alabama and Georgia have ratified it and the Congress has given its consent; and (3) permit the two States to establish a joint agency to be known as the Historic Chattahoochee Commission. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Rural Law Enforcement
Crime-Fighting Scholarship Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the organization of illegal gangs and many systems of
illegal drug trafficking and distribution have become
increasingly similar in both urban and rural areas of the
United States;
(2) crime- and drug-ridden neighborhoods in both urban and
rural areas demonstrate many of the same characteristics;
(3) many law enforcement agencies in urban areas utilize
the most modern technology and cutting-edge police tactics to
fight gangs, abolish illegal drug trafficking and distribution
systems, and create safer neighborhoods and communities; and
(4) law enforcement agencies in rural areas may improve
their efforts in the community if officers have an opportunity
to participate in a program permitting them to conduct
firsthand observations of the strategies and technologies
utilized by Federal and urban law enforcement agencies to fight
gangs, abolish illegal drug trafficking and distribution
systems, and create safer neighborhoods and communities.
SEC. 3. ESTABLISHMENT OF THE RURAL LAW ENFORCEMENT CRIME-FIGHTING
SCHOLARSHIP PROGRAM.
(a) In General.--The Attorney General, through the Office of
Justice Programs and in consultation with the National Center for Rural
Law Enforcement at the University of Arkansas, shall establish a rural
law enforcement scholarship program by providing grants to rural law
enforcement agencies and consortia of law enforcement agencies. The
grants shall be used to allow law enforcement officers to observe the
advanced strategies and technologies employed by Federal and urban law
enforcement agencies to fight gangs, abolish illegal drug trafficking
and distribution systems, and create safer neighborhoods and
communities.
(b) Site Identification and Notification.--
(1) Identification.--Before grants are awarded and not
later than 90 days after the date of the enactment of this Act,
the Attorney General shall identify Federal and urban law
enforcement agencies willing to allow rural law enforcement
officers to observe the strategies and technologies used for
fighting crime and creating safer neighborhoods and
communities.
(2) Notification.--Not later than 120 days after the date
of the enactment of this Act, the Attorney General shall
publish in the Federal Register a list of the urban and Federal
agencies identified under paragraph (1).
(c) Grant Amounts.--
(1) In general.--The Attorney General shall determine the
appropriate amount of each grant award after considering the
relative costs associated with each observation opportunity.
(2) Maximum grant award.--Each grant award may not exceed
$2,500 for an individual rural law enforcement agency and
$7,500 for a consortium of law enforcement agencies.
(d) Participation Requirements.--Officers selected for a rural law
enforcement scholarship may participate in a particular observation
opportunity for a maximum period of 1 month. Not more than 1 officer
from the same rural law enforcement agency may participate. In cases in
which 1 or more rural law enforcement agencies establish a consortium,
not more than 1 officer from each agency in the consortium may
participate.
(e) Uses of Funds.--Subject to subsections (c) and (d), a grant
received under this Act may be used to pay the costs of official
travel, lodging, and expenses that law enforcement officers incur while
participating in the program.
SEC. 4. ELIGIBILITY AND SELECTION.
(a) Eligibility.--To be eligible to receive a grant under this Act,
a rural law enforcement agency, on its own behalf or for a consortium
of law enforcement agencies shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
(b) Selection.--The Attorney General shall select grant recipients
by using the following criteria:
(1) Criminal activities.--The extent of violent crime, drug
trafficking and distribution, drug use, and other major
indicators of crime that threaten the public safety in the area
served by the rural law enforcement agency, as identified in
studies conducted by the Department of Justice and in State
applications submitted under part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 for the Edward Bryne
Memorial State and Local Law Enforcement Assistance Programs.
(2) Program benefits.--The extent to which the observation
opportunity is likely to provide law enforcement officers who
participate in the scholarship program with knowledge or skills
that can be successfully employed in the area that the rural
law enforcement agency serves.
SEC. 5. REPORTING.
Not later than 3 years after the date of the enactment of this Act,
the Attorney General shall submit to the Committees on the Judiciary of
the House of Representatives and the Senate a report regarding the
success of participating rural law enforcement agencies in employing
strategies or technology observed during participation in the rural law
enforcement scholarship program.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``consortium of law enforcement agencies''
means not less than 1 rural law enforcement agency that
executes an agreement with other law enforcement agencies which
may include sheriff, highway patrol, and police departments
that seek to organize more comprehensive crime-fighting
strategies in rural areas.
(2) The term ``law enforcement officer'' has the same
meaning given such term in section 1204(5) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796b(5).
(3) The term ``metropolitan statistical area'' has the same
meaning given such term by the Bureau of the Census.
(4) The term ``rural law enforcement agency'' means a law
enforcement agency that serves--
(A) a city, town, township, borough, or village
outside a metropolitan statistical area;
(B) a city, town, township, borough, or village of
less than 10,000 residents; or
(C) a county or parish of less than 80,000
residents.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $12,000,000 to carry out
this Act for each of the fiscal years 2000 through 2005. | Bipartisan Rural Law Enforcement Crime-Fighting Scholarship Act - Directs the Attorney General, through the Office of Justice Programs and in consultation with the National Center for Rural Law Enforcement at the University of Arkansas, to establish a rural law enforcement scholarship program by providing grants to rural law enforcement agencies and consortia of law enforcement agencies to be used to allow law enforcement officers to observe the advanced strategies and technologies employed by Federal and urban law enforcement agencies to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities.
Requires the Attorney General, before grants are awarded, to identify Federal and urban law enforcement agencies willing to allow rural law enforcement officers to observe and to publish a list of those agencies in the Federal Register.
Limits each grant award to $2,500 for an individual rural law enforcement agency and $7,500 for a consortium of law enforcement agencies.
Allows officers selected for a rural law enforcement scholarship to participate in a particular observation opportunity for a maximum period of one month. Prohibits more than one officer from the same rural law enforcement agency from participating in the program.
Permits grants to be used for paying the costs of official travel, lodging, and expenses that participating law enforcement officers incur.
Directs the Attorney General to report to the House and Senate Judiciary Committees on the success of participating rural law enforcement agencies in employing strategies or technology observed.
Authorizes appropriations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Karst Conservation
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) In the Karst Region of the Commonwealth of Puerto Rico
there are--
(A) some of the largest areas of tropical forests
in Puerto Rico, with a higher density of tree species
than any other area in the Commonwealth; and
(B) unique geological formations that are critical
to the maintenance of aquifers and watersheds that
constitute a principal water supply for much of the
Commonwealth.
(2) The Karst Region is threatened by development that, if
unchecked, could permanently damage the aquifers and cause
irreparable damage to natural and environmental assets that are
unique to the United States.
(3) The Commonwealth has 1 of the highest population
densities in the United States, which makes the protection of
the Karst Region imperative for the maintenance of the public
health and welfare of the citizens of the Commonwealth.
(4) The Karst Region--
(A) possesses extraordinary ecological diversity,
including the habitats of several endangered and
threatened species and tropical migrants; and
(B) is an area of critical value to research in
tropical forest management.
(5) Coordinated efforts at land protection by the Federal
Government and the Commonwealth are necessary to conserve the
environmentally critical Karst Region.
(b) Purposes.--The purposes of this Act are--
(1) to authorize and support conservation efforts to
acquire, manage, and protect the tropical forest areas of the
Karst Region, with particular emphasis on water quality and the
protection of the aquifers that are vital to the health and
wellbeing of the citizens of the Commonwealth; and
(2) to promote cooperation among the Commonwealth, Federal
agencies, corporations, organizations, and individuals in those
conservation efforts.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commonwealth.--The term ``Commonwealth'' means the
Commonwealth of Puerto Rico.
(2) Forest legacy program.--The term ``Forest Legacy
Program'' means the program established under section 7 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c).
(3) Fund.--The term ``Fund'' means the Puerto Rico Karst
Conservation Fund established by section 5.
(4) Karst region.--The term ``Karst Region'' means the
areas in the Commonwealth generally depicted on the map
entitled ``Karst Region Conservation Area'' and dated March
2001, which shall be on file and available for public
inspection in--
(A) the Office of the Secretary, Puerto Rico
Department of Natural and Environmental Resources; and
(B) the Office of the Chief of the Forest Service.
(5) Land.--The term ``land'' includes land, water, and an
interest in land or water.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. CONSERVATION OF THE KARST REGION.
(a) Federal Cooperation and Assistance.--In furtherance of the
acquisition, protection, and management of land and forest resources in
and adjacent to the Karst Region, and in furtherance of the
implementation of related natural resource conservation strategies, the
Secretary may--
(1) make grants to and enter into contracts and cooperative
agreements with the Commonwealth, other Federal agencies,
organizations, corporations, and individuals; and
(2) use all authorities available to the Secretary,
including--
(A) the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1641 et seq.);
(B) section 1472 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3318);
(C) section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a); and
(D) the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101 et seq.).
(b) Funding Sources.--The activities authorized by this section may
be carried out using--
(1) amounts in the Fund;
(2) amounts in the fund established by section 4(b) of the
Forest and Rangeland Renewable Resources Research Act of 1978
(16 U.S.C. 1643(b));
(3) funds appropriated from the Land and Water Conservation
Fund;
(4) funds appropriated for the Forest Legacy Program; and
(5) any other funds made available for those activities.
(c) Management.--
(1) Principal management objectives.--Land acquired under
the authority of this section or using funds made available
under this section shall be managed in a manner to protect and
conserve the water quality and aquifers and the geological,
ecological, fish and wildlife, and other natural values of the
Karst Region.
(2) Other uses.--The resulting owner of land acquired under
the authority of this section or using funds made available
under this section shall permit public recreation and other
uses of the acquired land to the extent that the owner
determines that the recreation or other use is compatible with
the principal management objectives specified in paragraph (1).
(3) Failure to manage as required.--In any deed, grant,
contract, or cooperative agreement implementing this Act and
the Forest Legacy Program in the Commonwealth, the Secretary
may require that, if land acquired by the Commonwealth or other
cooperating entity under this Act is sold or conveyed in whole
or part, or is not managed in conformity with paragraph (1),
title to the land shall, at the discretion of the Secretary,
vest in the United States.
(4) Federally owned land.--Any federally owned land
acquired by the Secretary in the Karst Region shall be managed
by the Secretary in accordance with paragraphs (1) and (2) and
the Forest and Rangeland Renewable Resources Research Act of
1978 (16 U.S.C. 1641 et seq.).
(d) Willing Sellers.--Any land acquired by the Secretary in the
Karst Region shall be acquired only from a willing seller.
(e) Relation to Other Authorities.--Nothing in this Act--
(1) diminishes any other authority that the Secretary may
have to acquire, protect, and manage land and natural resources
in the Commonwealth; or
(2) exempts the Federal Government from Commonwealth water
laws.
SEC. 5. PUERTO RICO KARST CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury an
interest bearing account to be known as the ``Puerto Rico Karst
Conservation Fund''.
(b) Credits to Funds.--There shall be credited to the Fund--
(1) amounts appropriated to the Fund;
(2) amounts donated to the Fund;
(3) amounts received by the Administrator of General
Services from the disposal of surplus real property in the
Commonwealth under subtitle I of title 40, United States Code;
and
(4) interest derived from amounts in the Fund.
(c) Use of Fund.--Amounts in the Fund shall be available to the
Secretary until expended, without further appropriation, to carry out
section 4.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Donations.--
(1) Authority to accept.--The Secretary may accept
donations, including land and money, made by public and private
agencies, corporations, organizations, and individuals in
furtherance of the purposes of this Act.
(2) Treatment of donors.--The Secretary may accept
donations even if the donor conducts business with or is
regulated by the Department of Agriculture or any other Federal
agency.
(3) Treatment of donations.--A donation of land, property
and money accepted by the Secretary under the authority of this
Act shall be considered as a gift, bequest, or devise to the
United States in the same manner as provided in Public Law 95-
442 (7 U.S.C. 2269).
(b) Relation to Forest Legacy Program.--
(1) In general.--All land in the Karst Region shall be
eligible for inclusion in the Forest Legacy Program.
(2) Cost sharing.--The Secretary may credit donations made
under subsection (a) to satisfy any cost-sharing requirements
of the Forest Legacy Program.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Puerto Rico Karst Conservation Act - Authorizes the Secretary of Agriculture to make grants, enter contracts, and exercise specified authorities to acquire, protect, and manage land and forest resources in and adjacent to the Karst Region of Puerto Rico for the purpose of protecting and conserving the water quality and aquifers and the geological, ecological, fish and wildlife, and other natural values of the Region.
Establishes the Puerto Rico Karst Conservation Fund which shall be available to the Secretary for purposes of this Act.
Makes all lands in the Region eligible for inclusion in the Forest Legacy Program. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Crimes and Enforcement
Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Federal investigation and prosecution of environmental
crimes play a critical role in the protection of human health,
public safety, and the environment;
(2) the effectiveness of environmental criminal enforcement
efforts is greatly strengthened by close cooperation and
coordination among Federal, State, local, and tribal
authorities; and
(3) legislation is needed to facilitate Federal
investigation and prosecution of environmental crimes and to
increase the effectiveness of joint Federal, State, local, and
tribal criminal enforcement efforts.
SEC. 3. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL ENVIRONMENTAL
ENFORCEMENT.
(a) Chapter 232 of title 18 is amended by adding after section 3673
the following new section 3674:
``Sec. 3674. Reimbursement of State, local, or tribal government costs
for assistance in Federal investigation and prosecution
of environmental crimes
``(a) Upon the motion of the United States, any person who is found
guilty of a criminal violation of the Federal environmental laws set
forth in subsection (b) below, or conspiracy to violate such laws, may
be ordered to pay the costs incurred by a State, local, or tribal
government or an agency thereof for assistance to the Federal
government's investigation and criminal prosecution of the case. Such
monies shall be paid to the State, local, or tribal government or
agency thereof and be used solely for the purpose of environmental law
enforcement.
``(b) This subsection applies to a violation of any of the
following statutes, or conspiracy to violate any of the following
statutes:
``(1) Section 14(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136l(b)).
``(2) Section 16(b) of the Toxic Substances Control Act (15
U.S.C. 2615(b)).
``(3) Sections 10, 12, 13, and 16 of the Rivers and Harbors
Appropriations Act of 1899 (33 U.S.C. 403, 406, 407, 411).
``(4) Sections 309(c) and 311(b)(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5)).
``(5) Section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)).
``(6) Section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a)).
``(7) Section 4109(c) of the Shore Protection Act of 1988
(33 U.S.C. 2609(c)).
``(8) Sections 1423 and 1432 of the Safe Drinking Water Act
(42 U.S.C. 300h-2, 300i-1).
``(9) Sections 3008(d), 3008(e) and 3008(i) of the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. 6928(d),
6928(e), 6928(i)).
``(10) Section 113(c) of the Clean Air Act (42 U.S.C.
7413(c)).
``(11) Sections 103(b) and 103(d) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9603(b), 9603(d).
``(12) Section 325(b)(4) of the Emergency Planning and
Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)).
``(13) Section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a)).
``(14) Sections 5124, 60123(a), and 60123(b) of title 49,
United States Code.''.
(b) The table of sections of chapter 232 of title 18, United States
Code is amended by adding the following after the item relating to
section 3673:
``3674. Reimbursement of State, local, or tribal government costs for
assistance in Federal investigation and
prosecution of environmental crimes.''.
SEC. 4. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC.
(a) Chapter 39 of title 18, United States Code, is amended by
adding the following new section:
``Sec. 838. Protection of government employees and the public from
environmental crimes
``(a) Any person who commits a criminal violation of a Federal
environmental law identified in this subsection that is the direct or
proximate cause of serious bodily injury to or death of any other
person, including a Federal, State, local, or tribal government
employee performing official duties as a result of the violation, shall
be subject to a maximum term of imprisonment of twenty years, a fine of
not more than $500,000, or both, and, if the defendant is an
organization, to a fine of not more than $2,000,000. The laws to which
this subsection applies are--
``(1) section 309(c)(2), 309(c)(4), or 311(b)(5) of the
Federal Water Pollution Control Act (33 U.S.C. 1319(c)(2),
1319(c)(4), 1321(b)(5));
``(2) section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
``(3) section 1423 or 1432 of the Safe Drinking Water Act
(42 U.S.C. 300h-2, 300i-1);
``(4) section 3008(d) of the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6928(d));
``(5) section 113(c)(1) or 113(c)(2) of the Clean Air Act
(42 U.S.C. 7413(c)(1), 7413(c)(2));
``(6) section 103(b) or 103(d) of the Comprehensive
Response, Compensation, and Liability Act (42 U.S.C. 9603(b),
9603(d));
``(7) section 325(b)(4) of the Emergency Planning and
Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
``(8) section 5124, 60123(a), or 60123(b) of title 49,
United States Code.
``(b) Any person who commits a criminal violation of Federal
environmental law identified in this subsection that is the direct or
proximate cause of serious bodily injury to or death of any other
person, including a Federal, State, local, or tribal government
employee performing official duties as a result of the violation, shall
be subject to a maximum term of imprisonment of five years, a fine of
not more than $250,000, or both, and, if a defendant is an
organization, to a fine of not more than $1,000,000. The laws to which
this subsection applies are--
``(1) section 14(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136l(b)); or
``(2) section 16(b) of the Toxic Substances Control Act (15
U.S.C. 2615(b)).
``(c) For purposes of this section, the term `serious bodily
injury' means bodily injury which involves--
``(1) unconsciousness;
``(2) extreme physical pain;
``(3) protracted and obvious disfigurement; or
``(4) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty.
``(d) For purposes of this section, the term `organization' means a
legal entity, other than a government, established or organized for any
purpose, and such term includes a corporation, company, association,
firm, partnership, joint stock company, foundation, institution, trust,
society, union, or any other association of persons.''
(b) The table of sections of chapter 39 of title 18, United States
Code, is amended by adding the following after the item relating to
section 837:
``Sec. 838. Protection of government employees and the public from
environmental crimes.''.
SEC. 5. ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW
ENFORCEMENT.
(a) This section may be cited as the ``Environmental Crimes
Training Act of 1996''.
(b) The Administrator of the Environmental Protection Agency, as
soon as practicable, within the Office of Enforcement and Compliance
Assurance, shall establish the State, Local, and Tribal Environmental
Enforcement Training Program to be administered by the National
Enforcement Training Institute within the Office of Criminal
Enforcement, Forensics and Training. This Program shall be dedicated to
training State, local, and tribal law enforcement personnel in the
investigation of environmental crimes at the Federal Law Enforcement
Training Center (FLETC) in Glynn County, Georgia at the EPA-FLETC
training center or other training sites which are accessible to State,
local, and tribal law enforcement. State, local, and tribal law
enforcement personnel shall include, among others, the following:
inspectors, civil and criminal investigators, technical experts,
regulators, government lawyers, and police.
SEC. 6. STATUTE OF LIMITATIONS.
(a) Chapter 213 of title 18, United States Code, is amended by
adding after section 3294 the following new section:
``Sec. 3295. Felony environmental crimes
``(a) No person shall be prosecuted, tried, or punished for a
violation of, or a conspiracy to violate, any of the offenses listed in
subsection (b) unless the indictment is returned or the information is
filed within five years after the offense is committed; however, when a
person commits an affirmative act that conceals the offense from any
Federal, State, local, or tribal government agency, that person shall
not be prosecuted, tried, or punished for a violation of, or a
conspiracy to violate, any of the offenses listed below in subsection
(b) unless the indictment is returned or the information is filed
within five years after the offense is committed, or within three years
after the offense is discovered by a government agency, whichever is
later but in no event later than eight years after the offense is
committed.
``(b) This section applies to a violation of--
``(1) section 309(c)(2), 309(c)(3), 309(c)(4), or 311(b)(5)
of the Federal Water Pollution Control Act (33 U.S.C.
1319(c)(2), 1319(c)(3), 1319(c)(4), 1321(b)(5));
``(2) section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
``(3) section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a));
``(4) section 4109(c) of the Shore Protection Act of 1988
(33 U.S.C. 2609(c));
``(5) section 1423 or 1432 of the Safe Drinking Water Act
(42 U.S.C. 300h-2, 300i-1);
``(6) section 3008(d) or 3008(e) of the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. 6928(d),
6928(e));
``(7) section 113(c)(1), 113(c)(2), 113(c)(3), or 113(c)(5)
of the Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2),
7413(c)(3), 7413(c)(5));
``(8) section 103(b) or 103(d) of the Comprehensive
Response, Compensation, and Liability Act (42 U.S.C. 9603(b),
9603(d));
``(9) section 325(b)(4) of the Emergency Planning and
Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
``(10) section 5124, 60123(a), or 60123(b) of title 49,
United States Code.''.
(b) The table of sections of chapter 213 of title 18, United States
Code, is amended by adding after the item referring to section 3294 the
following new item:
``Sec. 3295. Felony environmental crimes.''.
SEC. 7. ATTEMPTS.
(a) Section 14(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 1361(b)) is amended by adding a new paragraph
14(b)(5):
``(5) Attempts.--Any person who attempts to commit the
conduct that constitutes an offense under paragraph (1) of this
subsection shall be subject to the same penalties as those
prescribed for such an offense.''.
(b) Section 16(b) of the Toxic Substances Control Act (15 U.S.C.
2615(b)), is amended by inserting ``(1)'' before ``Any'' and by adding
the following new paragraph:
``(2) Any person who attempts to commit the conduct that
constitutes any offense under paragraph (1) of this subsection
shall be subject to the same penalties as those prescribed for
such offense.''.
(c) Section 309(c) of the Federal Water Pollution Control Act (33
U.S.C. 1319(c)), is amended by adding after paragraph (7) the following
new paragraph 309(c)(8):
``(8) Any person who attempts to commit the conduct that
constitutes any offense under paragraphs (2), (3), or (4) of
this subsection shall be subject to the same penalties as those
prescribed for such offense.''.
(d) Section 105(b) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1415(b)), is amended by striking
``and'' at the end of paragraph (1), striking the period at the end of
(2)(B), and inserting ``; and'', and adding after paragraph (2) the
following new paragraph:
``(3) Any person who attempts to commit the conduct that
constitutes any offense under paragraph (l) of this subsection
shall be subject to the same penalties as those prescribed for
such offense.''.
(e) Section 9(a) of the Act to Prevent Pollution from Ships (33
U.S.C. 1908(a)), is amended by inserting ``(1)'' before ``(A)'' and by
adding the following new paragraph:
``(2) Any person who attempts to commit the conduct that
constitutes any offense under paragraph (1) of this subsection
shall be subject to the same penalties as those prescribed for
such offense.''.
(f) Section 3008 of the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6928), is amended by adding after subsection 3008(h)
the following new subsection--
``(i) Any person who attempts to commit the conduct that
constitutes any offense under subsections (d) or (e) of this section
shall be subject to the same penalties as those prescribed for such
offense.''.
(g) Section 113(c) of the Clean Air Act (42 U.S.C. 7413(c)), is
amended by adding after paragraph 6 the following new paragraph:
``(7) Any person who attempts to commit the conduct that
constitutes any offense under subsections (1), (2), or (3) of
this section shall be subject to the same penalties as those
prescribed for such offense.''.
SEC. 8. ENVIRONMENTAL CRIMES RESTITUTION.
(a) Section 3663(a)(1) of title 18, United States Code, is amended
by striking ``or'' before ``section 46312'' and inserting ``or an
environmental crime listed in section 3674 of this title,'' after
``section 3663A(c),''.
(b) Subsection 3663(b) of title 18, United States Code, is amended
by striking ``and'' at the end of paragraph (4), striking the period at
the end of paragraph (5) and inserting ``; and'', and adding after
paragraph (5) the following new paragraph--
``(6) in the case of an offense resulting in pollution of
or damage to the environment, pay for removal and remediation
of the environmental pollution or damage and restoration of the
environment, to the extent of the pollution or damage resulting
from the offense; in such a case, the term `victim' in section
3663(a)(2) includes a community or communities, whether or not
the members are individually identified.''. | Environmental Crimes and Enforcement Act of 1996 - Provides that, upon motion of the United States, any person found guilty of a criminal violation of specified Federal environmental laws, or conspiracy to violate such laws, may be ordered to pay the costs incurred by a State, local, or tribal government or an agency thereof for assistance to the Federal Government's investigation and criminal prosecution of the case, with the payments used solely for environmental law enforcement.
Sets penalties for individuals and organizations that commit a criminal violation of listed Federal environmental laws which causes "serious bodily injury" to or the death of any other person, including a Federal, State, local, or tribal government employee performing official duties as a result of the violation.
Environmental Crimes Training Act of 1996 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish within EPA's Office of Enforcement and Compliance Assurance a State, Local, and Tribal Enforcement Training Program to train State, local, and tribal law enforcement personnel in the investigation of environmental crimes.
Sets a five-year statute of limitations (longer in cases of concealment of the offense by an affirmative act) for violation of, or a conspiracy to violate, specified Federal environmental laws.
Amends various Federal environmental laws to cover attempts to engage in proscribed conduct.
Amends the Federal criminal code to authorize the court to order restitution for listed Federal environmental crimes, including, in the case of an offense resulting in pollution of or damage to the environment, payment for removal and remediation of the pollution or damage and restoration of the environment. Defines "victim" of the offense in such cases to include a community or communities, whether or not the members are individually identified. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity of the United States
Courts Act of 2000''.
SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.
(a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:
``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.
``(a) Basis for Review in Court of International Trade.--If, within
30 days after publication in the Federal Register of notice that a
binational panel has issued a determination following a review under
article 1904 of a decision of a competent investigating authority in
the United States, a party or person within the meaning of paragraph 5
of article 1904 alleges that--
``(1)(A) a member of a panel was guilty of a gross
misconduct, bias, or a serious conflict of interest, or
otherwise materially violated the rules of conduct,
``(B) the panel seriously departed from a fundamental rule
of procedure, or
``(C) the panel manifestly exceeded its powers, authority,
or jurisdiction set out in article 1904, as in failing to apply
the appropriate standard of review, and
``(2) any of the actions described in paragraph (1) has
materially affected the panel's decision and threatens the
integrity of the binational panel review process,
then such party or person may file an appeal with the United States
Court of International Trade, seeking review of the binational panel
determination, pursuant to section 516A of the Tariff Act of 1930.
``(b) Decisions of the Court.--In any appeal filed under subsection
(a) for review of a binational panel determination, the Court of
International Trade shall, after examining the legal and factual
analysis underlying the findings and conclusions of the panel's
decision, determine whether any of the actions described in subsection
(a)(1) has been established. If the court finds that any of those
actions has been established, the court shall vacate the original panel
decision and enter judgment accordingly. If the actions are not
established, the court shall affirm the original binational panel
decision. Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the matters
between the parties that were before the panel.
``(c) Exclusive Jurisdiction.--If a party or person within the
meaning of paragraph 5 of article 1904 timely files a notice of appeal
to the Court of International Trade pursuant to this section, then
jurisdiction exclusively resides with the United States Court of
International Trade, and such determinations are not subject to review
by an extraordinary challenge committee under paragraph 13 of article
1904.
``(d) Applicability.--This section applies to all goods from NAFTA
countries which were subject to an antidumping duty or countervailing
duty determination of a competent investigating authority in the United
States.''.
(b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:
``Sec. 404A. Review of binational panel determinations.''.
SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)(I), by striking ``or
(viii)'' and inserting ``(viii), or (ix)''; and
(B) in subparagraph (B), by adding at the end the
following:
``(ix) A final determination of a
binational panel convened pursuant to article
1904 of the NAFTA.'';
(2) in subsection (a)(5), in the matter preceding
subparagraph (A), by inserting ``(other than a determination
described in subsection (g)(3)(A)(vii))'' after ``apply''; and
(3) in subsection (g)(3)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(vii) a determination which either a
party or person within the meaning of paragraph
5 of article 1904 of the NAFTA has requested
review pursuant to section 404A of the North
American Free Trade Agreement Implementation
Act.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to any final
determination of a binational panel convened pursuant to article 1904
of the North American Free Trade Agreement, notice of which is
published in the Federal Register on or after the date of the enactment
of this Act. | Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of such a binational panel. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLES.
This Act may be cited as the ``Sustaining our Most Advanced
Researchers and Technology Jobs Act of 2012'' or the ``SMART Jobs
Act''.
SEC. 2. DEFINITION OF STEM FIELD.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by inserting after paragraph (36) the following new
paragraph:
``(36A) The term `STEM field' means a field of study or
occupation included on the most recent STEM-designated Degree
Program List published by the Department of Homeland Security
referred to in section 214.2(f)(11)(C)(2) of title 8, Code of
Federal Regulations (or similar successor regulation).''.
SEC. 3. VISAS FOR GRADUATE STUDENTS IN MATHEMATICS, ENGINEERING,
TECHNOLOGY, OR THE PHYSICAL SCIENCES.
(a) New STEM Nonimmigrant Visa Category.--Section 101(a)(15)(F) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is
amended--
(1) in clause (i)--
(A) by inserting ``(except for a graduate program
described in clause (iv))'' after ``full course of
study'';
(B) by striking ``214(l)'' and inserting
``214(m)''; and
(C) by striking the comma at the end and inserting
a semicolon;
(2) in clause (ii)--
(A) by inserting ``or clause (iv)'' after ``clause
(i)''; and
(B) by striking ``, and'' and inserting a
semicolon;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end the following:
``(iv) an alien described in clause (i) who has
been accepted and plans to attend an accredited
graduate program in a STEM field at an institution of
higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) for the
purpose of obtaining an advanced degree;''.
(b) Requirements for Obtaining an F-4 Visa.--Section 214(m) of the
Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School
Students.--''; and
(2) by adding at the end the following:
``(3)(A) An alien who obtains the status of a nonimmigrant under
section 101(a)(15)(F)(iv) shall demonstrate an intent to--
``(i) return to the country of residence of such alien
immediately after the completion or termination of the graduate
program qualifying such alien for such status; or
``(ii) obtain employment in the United States in a STEM
field and become a permanent resident of the United States upon
the completion of the graduate program, which was the basis for
such nonimmigrant status.
``(B) A visa issued to an alien under section 101(a)(15)(F)(iv)
shall be valid--
``(i) during the intended period of study in a graduate
program described in such section;
``(ii) for an additional period, not to exceed 1 year
beyond the completion of the graduate program, if the alien is
actively pursuing an offer of employment in a STEM field; and
``(iii) for an additional period, not to exceed 6 months,
while the alien's application for adjustment of status under
section 245(i)(4) is pending.
``(C) An alien shall qualify for adjustment of status to that of a
person admitted for permanent residence if the alien--
``(i) has the status of a nonimmigrant under section
101(a)(15)(F)(iv);
``(ii) has successfully earned an advanced degree in a STEM
field at an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); and
``(iii) is employed full-time in the United States in a
position in a STEM field.''.
(c) Adjustment of Status.--Section 245(i) of the Immigration and
Nationality Act (8 U.S.C. 1255(i)) is amended by adding at the end the
following:
``(4) The Secretary of Homeland Security may adjust the status of
an alien who meets the requirements under section 214(m)(3) to that of
an alien lawfully admitted for permanent residence if the alien--
``(A) makes an application for such adjustment;
``(B) is eligible to receive an immigrant visa;
``(C) is admissible to the United States for permanent
residence; and
``(D) remits a fee in an amount to be determined by the
Secretary.''.
(d) Use of Fees.--
(1) Job training; scholarships.--Section 286(s)(1) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(1)) is
amended by inserting ``and 80 percent of the fees collected
under section 245(i)(4)'' before the period at the end.
(2) Fraud prevention and detection.--Section 286(v)(1) of
the Immigration and Nationality Act (8 U.S.C. 1356(v)(1)) is
amended by inserting ``and 20 percent of the fees collected
under section 245(i)(4)'' before the period at the end.
SEC. 4. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED
IMMIGRANTS.
(a) In General.--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 have earned an advanced degree in a STEM
field and have been working in a STEM field in the United
States under a nonimmigrant visa during the 3-year period
preceding their application for an immigrant visa under section
203(b).''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
SEC. 5. ANNUAL REPORT ON STEM NONIMMIGRANT VISAS.
(a) Requirement for Report.--The Secretary of Homeland Security
shall submit to Congress an annual report on the nonimmigrant visas
granted pursuant to clause (iv) of section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), as added by
section 3(a).
(b) Content.--Each report required by subsection (a) shall include
the following:
(1) The number of nonimmigrant visas granted during the
previous year pursuant to clause (iv) of section 101(a)(15)(F)
of the Immigration and Nationality Act, as added by section
3(a).
(2) The countries of origin of the aliens granted
nonimmigrant visas pursuant to such clause (iv).
(3) The number of degrees granted to such aliens and the
fields of such degrees.
(4) A description of the employers of such aliens. | Sustaining our Most Advanced Researchers and Technology Jobs Act of 2012 or the SMART Jobs Act - Amends the Immigration and Nationality Act to establish an F-4 nonimmigrant visa for an alien who has been accepted and plans to attend an accredited graduate program for a degree in a STEM field (science, technology, engineering, mathematics) at an institution of higher education in the United States.
Requires an F-4 alien to demonstrate an intent to: (1) return to his or her country of residence upon completion or termination of such qualifying graduate program, or (2) obtain U.S. employment in a STEM field and become a permanent U.S. resident upon completion of the graduate program which was the basis for such nonimmigrant status.
States that an F-4 visa shall be valid: (1) during the intended period of graduate study, (2) for an additional one year period if the alien is pursuing an offer of STEM field employment, and (3) for an additional six month period while the alien's application for permanent resident status adjustment is pending.
States that an alien shall qualify for permanent resident status adjustment if he or she: (1) has F-4 status and has earned an advanced STEM field degree at an institution of higher education, and (2) is employed full-time in the United States in a STEM field position. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Survivor Benefits Act of
2003''.
SEC. 2. REPEAL OF TWO-YEAR LIMITATION ON PAYMENT OF ACCRUED BENEFITS AT
DEATH.
Subsection (a) of section 5121 of title 38, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``for a period not to exceed two years'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Upon the death of a child claiming benefits under
chapter 18 of this title, to the surviving parents; and''.
SEC. 3. CONTINUATION OF CLAIM AND SUBSTITUTION OF PARTIES UPON DEATH OF
APPLICANT FOR BENEFITS.
(a) In General.--Chapter 51 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5127. Deaths of applicants for benefits: continuation of claims
and substitution of parties
``(a) In the case of a claim for compensation, dependency and
indemnity compensation, or pension that was submitted to the Secretary
by a claimant who dies before a decision on that claim becomes final in
accordance with section 7291 of this title in which benefits are not
payable based on existing ratings or decisions or those based on
evidence in the file at the date of death under section 5121 of this
title, the claim shall not be extinguished if, within the time period
prescribed in subsection (c)(2), an eligible person submits an
application to the Secretary, or submits a motion to a court with
jurisdiction over the claim, to be substituted as the claimant in order
to continue prosecution of the claim. The Secretary or the court, as
the case may be, shall approve any such application submitted by an
eligible person.
``(b)(1) For purposes of this section and section 7270 of this
title, the term `eligible person' means any of the following
individuals:
``(A) The surviving spouse.
``(B) The custodian of a surviving child (including a
surviving child described by section 101(4)(A)(ii) of this
title who is incapable of continuing prosecution of a claim)
or, in the case of a surviving child described by section
101(4)(A)(iii) of this title, the surviving child.
``(C) A dependent parent.
``(D) In the case of a child claiming benefits under
chapter 18 of this title, a surviving parent.
``(2) In a case where more than one individual referred to in
subparagraph (A) through (C) of paragraph (1) submits an application or
motion under subsection (a) to be substituted as a claimant, the
eligible person shall be determined in the order listed in such
subparagraphs. In the case of individuals submitting an application or
motion under subsection (a) who are specified in the same subparagraph
of paragraph (1), the eligible person shall be the first in time to
submit such application or motion.
``(c)(1) Upon being notified of the death of a claimant, the
Secretary shall send a notice to the eligible person shown in the
record, or otherwise to the decedent's last known address, informing
that the claim will be dismissed unless an application for substitution
as the claimant is received by the Secretary within the time prescribed
in paragraph (2).
``(2) An application under this section for substitution as the
claimant on a claim must be filed not later than the later of--
``(A) the end of the 1-year period beginning on the date of
the claimant's death;
``(B) the end of the 6-month period beginning on the date
of the notification under paragraph (1); or
``(C) the end of the 3-month period beginning on the date
of the notification of an adverse decision under section 5121
of this title.
``(d) A person named as a substitute claimant under subsection (a)
shall be accorded all the rights and responsibilities of the original
claimant.
``(e) If benefits are payable as a result of a decision on a claim
by a substituted claimant named under this section, such benefits shall
be paid as follows:
``(1) If the deceased claimant was claiming benefits as a
veteran, to the living person first listed below:
``(A) The veteran's spouse.
``(B) The veteran's children (in equal shares).
``(C) The veteran's dependent parents (in equal
shares).
``(2) If the deceased claimant was claiming benefits as the
surviving spouse of a veteran, to the surviving children of the
deceased veteran (in equal shares).
``(3) If the deceased claimant was claiming benefits under
chapter 18 of this title as the child of a veteran, to the
surviving parents of the child (in equal shares).
``(f) Upon the appointment of a substitute claimant, the Secretary
shall notify the person substituted as the claimant as to the evidence
or information necessary to substantiate the pending claim. If such
information or evidence is not received within one year from the date
of such notification, no benefits may be paid on the claim.
``(g) For purposes of section 5112(b) of this title, the term
`payee' as used in such section shall be deemed to include a deceased
claimant for whom a substitute claimant is appointed under this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5127. Deaths of applicants for benefits: continuation of claims and
substitution of parties.''.
SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING BEFORE A COURT.
(a) In General.--Subchapter II of chapter 72 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7270. Cases pending on death of claimant: substitution of
parties
``(a) If a claimant dies before filing an appeal under section 7266
of this title, an eligible person may file an appeal as a substituted
claimant for the decedent within the time period specified under
section 7266 of this title. If an appellant or respondent dies while a
claim is pending before a court and before a final decision is rendered
under section 7291 of this title, an eligible person may move the court
for substitution of claimant in the pending action. Any such motion
filed with the United States Court of Appeals for Veterans Claims or to
the United States Court of Appeals for the Federal Circuit must be
filed within the time period prescribed by sections 7266 and 7292 of
this title, respectively, or within one year of the claimant's death,
whichever is earlier.
``(b) In any case in which a final decision under section 7291 of
this title has not been made, an eligible person may move a court to be
substituted is the appellant (or respondent as the case may be) for an
appellant or respondent who dies while an appeal is pending. The court
shall, upon filing of a timely motion, appoint an eligible person to
substitute as the claimant to continue prosecution or defense of that
claim.
``(c) Nothing in this section shall require or authorize
substitution for a deceased claimant if a final decision under section
7291 of this title has been entered before the filing of a motion for
substitution.
``(d) In this section, the term `eligible person' has the meaning
given that term in section 5127(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``7270. Cases pending on death of claimant: substitution of parties.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to deaths occurring on
or after the date of the enactment of this Act. | Veterans' Survivor Benefits Act of 2003 - Repeals the limitation (benefits due and unpaid for not to exceed two years) on the accrued benefits required to be paid by the Secretary of Veterans Affairs upon the death of a veteran or other beneficiary. Provides that, upon the death of a child claiming benefits as a child of a Vietnam veteran, such benefits shall be paid to the surviving parents.
Authorizes the substitution of any of the following parties in the case of a veteran's claim for benefits provided through the Department of Veterans Affairs when the original claimant dies while the claim is pending: (1) the surviving spouse; (2) the custodian of a surviving minor or incapable child; (3) a child between 18 and 21 years of age pursuing a program of education; (4) a dependent parent; or (5) in the case of the death of a child claiming benefits as a child of a Vietnam veteran, a surviving parent.
Authorizes the substitution of the above eligible parties in cases pending before a U.S. Circuit Court or the U.S. Court of Appeals for Veterans Claims. | billsum_train |
Summarize the following text: SECTION 1. DEAUTHORIZATION OF THE BLUNT RESERVOIR FEATURE OF THE OAHE
IRRIGATION PROJECT, SOUTH DAKOTA; CONVEYANCE.
(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe
Irrigation Project authorized by section 9 of the Act of
December 22, 1944 (58 Stat. 891, chapter 665), as part of the
Pick-Sloan Missouri River Basin Program.
(2) Commission.--The term ``Commission'' means the
Commission of Schools and Public Lands of the State of South
Dakota.
(3) Preferential leaseholder.--The term ``preferential
leaseholder'' means a leaseholder of a parcel of land who is--
(A) the person from whom the Secretary purchased
the parcel for use in connection with the Blunt
Reservoir feature;
(B) the original operator of the parcel at the time
of acquisition; or
(C) a descendant of a person described in
subparagraph (A) or (B).
(4) Preferential lease parcel.--The term ``preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature; and
(B) is under lease to a preferential leaseholder as
of the date of enactment of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Conveyance.--The Secretary shall convey all of the preferential
lease parcels to the Commission, without consideration, on the
condition that the Commission honor the purchase option provided to
preferential leaseholders under subsection (d).
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Commission the preferential lease
parcel that is the subject of the lease.
(2) Terms.--A preferential leaseholder may elect to
purchase a parcel on 1 of the following terms:
(A) Cash purchase for the amount that is equal to--
(i) the value of the parcel determined
under paragraph (4); minus
(ii) 10 percent of that value.
(B) Installment purchase, with 20 percent of the
value of the parcel determined under paragraph (4) to
be paid on the date of purchase and the remainder to be
paid over 30 years at 3 percent annual interest.
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall
have until the date that is 10 years after the date of
the conveyance under subsection (c) to exercise the
option under paragraph (1).
(B) Continuation of leases.--Until the date
specified in subparagraph (A), a preferential
leaseholder shall be entitled to continue to lease from
the Commission, under the same terms and conditions as
under the lease as in effect as of the date of
conveyance, the parcel leased by the preferential
leaseholder.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be determined to be, at the election of
the preferential leaseholder--
(i) the amount that is equal to 110 percent
of the amount that is equal to--
(I) the number of acres of the
preferential lease parcel; multiplied
by
(II) the amount of the per-acre
assessment of adjacent parcels made by
the Director of Equalization of the
county in which the preferential lease
parcel is situated; or
(ii) the amount of a valuation of the
preferential lease parcel for agricultural use
made by an independent appraiser.
(B) Cost of appraisal.--If a preferential
leaseholder elects to use the method of valuation
described in subparagraph (A)(ii), the cost of the
valuation shall be paid by the preferential
leaseholder.
(e) Conveyance of Nonpreferentially Leased Parcels.--The Secretary
shall convey to the South Dakota Department of Game, Fish, and Parks
the Blunt Reservoir parcels that are leased on a nonpreferential basis.
These lands shall be used by the South Dakota Department of Game, Fish,
and Parks for the purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan project. | Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program.
Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to convey all of the preferential lease parcels to the Commission of Schools and Public Lands of South Dakota, on the condition that the Commission honor the purchase option provided to preferential leaseholders under this Act.
Requires a preferential leaseholder to have an option to purchase from the Commission the preferential lease parcel that is the subject of the lease. Permits a preferential leaseholder to elect to purchase a parcel on one of the following terms: (1) cash purchase for the amount that is equal to the value of the parcel minus ten percent of that value; or (2) installment purchase, with 20 percent of the value of the parcel to be paid on the purchase date and the remainder to be paid over 30 years at three percent annual interest. Provides for such leaseholders to have until ten years after the date of the conveyance to exercise such option.
Directs the Secretary, through the Commissioner, to convey to the South Dakota Department of Game, Fish, and Parks the Blunt Reservoir parcels that are leased on a nonpreferential basis to be used for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Service Business Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Check cashers, money transmitters, and other legally
authorized and regulated money transmitting businesses (also
designated as money services businesses) provide a wide range
of necessary financial services and products to customers from
all walks of life, including the under-banked and urban
communities.
(2) Those services include domestic and international funds
transfers, check cashing, money order and traveler's check
sales, and electronic bill payments.
(3) Regulatory guidance issued by, and expectations of, the
Federal banking agencies and the Secretary of the Treasury urge
insured depository institutions to conduct reviews of money
services businesses' anti-money laundering compliance programs,
placing such depository institutions in the position of quasi-
regulators.
(4) Consequently, many insured depository institutions have
refused or closed money services businesses' accounts in order
either not to incur the burden, risk or potential liability for
undertaking a de facto regulatory function, or else to avoid
supervisory sanctions for not exercising such oversight.
(5) This trend endangers the existence of legitimate,
regulated money services businesses' industry and the ability
of such businesses to deliver financial services and products.
(6) Loss of depository institution accounts by money
services businesses threatens to drive the customer
transactions of such businesses underground through unregulated
channels, including bulk cash smuggling or other means.
(7) It is critical to the interests of national security
that transparency of money services businesses' transactions be
maintained by ensuring such businesses have a reasonable
process to demonstrate to insured depository institutions the
compliance by such businesses with anti-money laundering and
counter-terrorism financing obligations.
(8) Money services businesses are subject to Federal money
laundering and terrorist financing control programs and
reporting requirements as enforced by State and Federal
regulators, including the Secretary of the Treasury, which are
authorized to conduct compliance oversight and to impose
sanctions through licensing, registration or other powers.
(9) These State and Federal regulators have committed to
coordinate their supervision and enforcement of such money
services businesses' obligations.
(10) Insured depository institutions and Federal banking
regulators should be able to rely on a regulatory process for
conducting oversight of money services businesses' compliance
with subchapter II of chapter 53 of title 31, United States
Code, as well as on a process of self-certification by
legitimate money services businesses that attest to such
compliance.
(11) Accordingly, to eliminate regulatory burden imposed on
insured depository institutions and promote access by money
services businesses to the banking system and to give full
recognition to Federal and State agency authority to supervise
and enforce money services businesses' compliance with anti-
money laundering and counter-terrorism financing obligations
and their implementing regulations, it is appropriate and
necessary to provide for the self-certification process
established pursuant to this Act.
SEC. 3. SELF-CERTIFICATION PROCESS FOR MONEY SERVICES BUSINESSES
ESTABLISHED.
(a) In General.--Section 5318(h) of title 31, United States Code,
is amended by adding at the end the following new paragraphs:
``(4) Money transmitting business accounts.--
``(A) In general.--A federally insured depository
institution that maintains an account for a money
transmitting business (as defined in section
5330(d)(1)) shall have no obligation to review the
compliance of that business, or any agent thereof, with
that business's or agent's obligations under this
section, if the institution has on file--
``(i) a certification submitted by the
money transmitting business that meets the
requirements of paragraph (5)(A); or
``(ii) in the case of an agent of a money
transmitting business--
``(I) the certification required
under paragraph (5)(B); and
``(II) a certification from the
business that the named agent is
authorized to act as the principal's
agent.
``(B) Penalties.--
``(i) Civil penalties.--A money
transmitting business or an agent of any such
business making a material misrepresentation in
a certification referred to in subparagraph (A)
shall be subject to the civil penalties
prescribed under section 5321 without regard to
whether such violation was willful.
``(ii) Criminal penalties.--A person who
knowingly makes a material misrepresentation in
a certification referred to in subparagraph (A)
shall be subject to penalties prescribed under
section 5322 without regard to whether such
violation was willful.
``(C) Rule of construction.--No provision of this
paragraph shall be construed as requiring any federally
insured depository institution to establish, maintain,
administer or manage an account for a money
transmitting business or an agent of any such business.
``(D) Reliance for insured depository
institutions.--A federally insured depository
institution shall have no liability under this chapter
for the failure of any money transmitting business or
an agent of any such business to comply with any
provision of this section and regulations prescribed
under any such provision.
``(E) Federally insured depository institution
defined.--The term `federally insured depository
institution' means any insured depository institution
(as defined in section 3 of the Federal Deposit
Insurance Act) and any insured credit union (as defined
in section 101(7) of the Federal Credit Union Act).
``(5) Paragraph (4) certification.--
``(A) Money transmitting business.--A certification
by a money transmitting business meets the requirement
of paragraph (4) if the money transmitting business
certifies as follows, to the satisfaction of the
Secretary:
``(i) The business is in compliance with
paragraph (1) and regulations prescribed by the
Secretary under such paragraph.
``(ii) The business maintains an anti-money
laundering program covering all of the
identified capacities through which the
business acts as a money transmitting business
that includes the components of the program
specified in subparagraphs (A) through (D) of
paragraph (1).
``(iii) The business is licensed or
registered as a money transmitting business by
each State--
``(I) within which the business
operates as a money transmitting
business; and
``(II) which requires such
licensing or registration.
``(iv) The business is registered with the
Secretary in accordance with section 5330, and
regulations prescribed under such section, and
remains in full compliance with such section
and regulations.
``(B) Agents of a money transmitting business.--A
certification by an agent of a money transmitting
business meets the requirement of paragraph (4) if the
agent certifies as follows, to the satisfaction of the
Secretary:
``(i) The agent is an agent of a money
transmitting business that meets the
requirements of clauses (i) through (iv) of
subparagraph (A).
``(ii) If applicable, the agent appears on
the list of agents of the money transmitting
business maintained by the business pursuant to
section 5330(c)(1).
``(iii) The agent--
``(I) operates as an agent for a
money transmitting business pursuant to
a written contract;
``(II) will act honestly and in
compliance with all applicable laws
when conducting any business as an
agent for a money transmitting
business; and
``(III) will immediately notify any
federally insured depository
institution to which the certification
is submitted of the occurrence of any
material change in the relationship of
the agent with the money transmitting
business, including termination or
suspension, or the institution of any
criminal or administrative proceeding
commenced against the agent.
``(iv) The agent is licensed or registered
as a money transmitting business, or as an
agent of such business, by any State--
``(I) within which the agent
operates as an agent of a money
transmitting business; and
``(II) which requires any such
licensing or registration.
``(v) The agent is not required to be
registered with the Secretary as a money
transmitting business pursuant to regulations
prescribed by the Secretary under section
5330(c)(2).''.
(b) Regulations.--The Secretary of the Treasury shall prescribe
such regulations as the Secretary determines to be appropriate to
implement the amendments made by subsection (a), in final form, before
the end of the 120-day period beginning on the date of the enactment of
this Act. | Money Service Business Act of 2009 - Revises certain requirements for anti-money laundering programs with respect to federally insured depository institutions.
Declares that, if such institutions have on file specified mandatory self-certifications submitted by a money transmitting business for which the institutions maintain an account, the institutions have no obligation to review the compliance of the money transmitting business with federal anti-money laundering requirements.
Sets forth civil and criminal penalties for violations of this Act without regard to whether such violations were willful.
Shields an institution from liability for the noncompliance of a money transmitting business with federal anti-money laundering requirements.
Prescribes requirements for a self-certification by a money transmitting business that it is in compliance with federal anti-money laundering requirements. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education and Workforce Innovation
Act''.
SEC. 2. COMMUNITY WORKFORCE TRAINING GRANTS.
(a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary of Education, in consultation with the
Secretary of Labor and the advisory panel, shall carry out a 5-year
pilot program to award grants to eligible entities to carry out
programs that provide direct skills and job training for individuals to
enter and advance in high-growth, emerging, and in-demand industries,
such as skilled labor and trade industries.
(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application, at such time, in such
manner, and containing such information as the Secretary of Education
may require.
(c) Uses of Funds.--An eligible entity that receives a grant under
this section shall use such grant to--
(1) develop and carry out a multiyear program to provide
students enrolled in a school or institution described in
subparagraphs (A) through (C) of subsection (g)(1) with
education and training to prepare such students to enter and
advance in high-growth, emerging, or in-demand industries by
providing--
(A) customized training that is valuable to such
industries;
(B) increased productivity and knowledge transfer;
(C) a stable and predictable pipeline to a high-
standard of employment (as determined by the Secretary
of Labor in consultation with the advisory panel) upon
graduation from the program;
(D) a proven model of success, as determined by the
Secretary of Labor in consultation with the advisory
panel; and
(E) an opportunity for career advancement; and
(2) cover costs related to developing and carrying out the
program, which may include--
(A) covering overhead costs;
(B) improving program design;
(C) expanding access to the program; or
(D) providing tuition subsidies for students
enrolled, or desiring to enroll, in an institution
described in subparagraph (A) or (B) of subsection
(g)(1), if applicable, to participate in such program.
(d) Matching Funds.--An eligible entity that is awarded a grant
under this section shall provide matching funds from non-Federal
sources in an amount equal to not less than the Federal funds provided
under the grant.
(e) Advisory Panel.--In carrying out the pilot program under this
section, the Secretary of Education shall establish an advisory panel
that is comprised of Federal education experts and private sector
executives.
(f) Availability of Funding.--For fiscal year 2016 and each of the
4 succeeding fiscal years, not less than $50,000,000 shall be available
from the amount appropriated for each such fiscal year for the
Workforce Innovation Fund of the Department of Labor for the costs of
carrying out this section.
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
private company involved in the manufacturing, production, or
technology industries, in partnership with a--
(A) junior or community college;
(B) postsecondary vocational institution; or
(C) secondary school.
(2) Junior or community college.--The term ``junior or
community college'' has the meaning given the term in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
(3) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(4) 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).
(5) Skilled labor and trade industries.--The term ``skilled
labor and trade industries'' shall be defined by the Secretary
of Labor.
SEC. 3. FINANCING A SKILLED 21ST CENTURY WORKFORCE GOAL.
(a) Program Authorized.--The Secretaries of Education and the
Treasury, jointly with the advisory panel, shall administer a pay-for-
performance pilot program for 5 years to raise funds from qualified
investors to cover the cost of a workforce training program that
increases trade certifications or apprenticeships for unemployed
individuals or dislocated workers, and that meets the requirements of
subsection (b).
(b) Program Requirements.--The pay-for-performance pilot program
carried out under subsection (a) shall require that--
(1) the Secretaries and the advisory panel establish the
goals of increasing trade certifications or apprenticeships for
unemployed individuals or dislocated workers, and other social
and financial goals (such as reducing Federal, State, and local
expenditures related to workforce training) for the program;
(2) a qualified investor enters into a pay-for-performance
agreement with the Secretaries under which the qualified
investor--
(A) provides funds to a service provider selected
by the Secretaries, the advisory panel, and the
qualified investor to meet the goals established under
paragraph (1); and
(B) agrees to the repayment terms described in
paragraph (4);
(3) the service provider uses such funds to carry out a
workforce training program for unemployed adults or dislocated
workers to meet such goals;
(4) if the Secretaries and the advisory panel determine
that the workforce training program carried out by the service
provider meets the goals established under paragraph (1), the
Secretaries will repay the qualified investor the amount of
funds provided by the qualified investor under paragraph (2)
with financial returns; and
(5) the Secretaries and the advisory panel assess the
feasibility of expanding the pay-for-performance pilot program
on a larger scale.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $75,000,000 for fiscal year 2016 to carry out this
section.
(d) Definitions.--In this Act:
(1) Advisory panel.--The term ``advisory panel'' means a
panel of business representatives selected by the Secretaries.
(2) Dislocated worker; unemployed individual.--The terms
``dislocated worker'' and ``unemployed individual'' have the
meanings given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Qualified investor.--The term ``qualified investor''
has the meaning given such term in section 230.501(a) of title
17, Code of Federal Regulations (or successor regulations).
(4) Secretaries.--The term ``Secretaries'' means the
Secretaries of Education and the Treasury.
(5) Service provider.--The term ``service provider'' means
a nonprofit organization that carries out a workforce training
program. | Education and Workforce Innovation Act - Directs the Secretary of Education to carry out a five-year pilot program to award grants to eligible entities to carry out programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in-demand industries, such as skilled labor and trade industries. Defines an "eligible entity" as a private company involved in the manufacturing, production, or technology industries, in partnership with a junior or community college, postsecondary vocational institution, or secondary school. Authorizes such an entity to use such a grant to develop and carry out a multiyear program to provide students enrolled in such a college, institution, or school with education and training to enter and advance in such industries, by providing: (1) customized training, (2) increased productivity and knowledge transfer, (3) a stable and predictable pipeline to a high-standard of employment upon graduation, (4) a proven model of success, and (5) an opportunity for career advancement. Requires an eligible entity that is awarded a grant to provide matching funds from non-federal sources. Directs the Secretaries of Education and the Treasury to administer a five-year pilot program under which qualified investors enter into a pay-for-performance agreement under which they will provide funds to service providers to carry out workforce training programs that increase trade certifications or apprenticeships for unemployed individuals or dislocated workers. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taunton, Massachusetts Study Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the city of Taunton, Massachusetts, has--
(A) 9 distinct historic districts, including--
(i) the Church Green Historic District;
(ii) the Courthouse Historic District;
(iii) the Taunton Green Historic District;
and
(iv) the Reed and Barton Historic District;
and
(B) more than 600 properties on the National
Register of Historic Places;
(2) all 9 historic districts in the city include buildings
and building facades that are of great historical, cultural,
and architectural significance;
(3) Taunton Green is the site at which the Sons of Liberty
first raised the Liberty and Union Flag in 1774, an event that
helped spark the movement culminating in the American
Revolution;
(4) beginning with the American Revolution and in
subsequent wars, the citizens of Taunton have been among the
first to volunteer for service;
(5) Robert Treat Paine, a resident of Taunton, was--
(A) the first Attorney General of Massachusetts;
and
(B) a signer of the Declaration of Independence;
(6) Taunton was--
(A) a leading community in the Industrial
Revolution; and
(B) the site of many innovations in--
(i) the manufacturing of silver and paper;
and
(ii) shipbuilding;
(7) Frederick Law Olmsted--
(A) designed the landscaping of the Courthouse
Green; and
(B) prepared landscaping ideas and plans for other
areas in the city that have great value and interest as
historical archives and objects of future study;
(8) Main Street, which connects many of the historic
districts, is home to--
(A) the Taunton City Hall and the Leonard Block
building, 2 outstanding examples of early 19th Century
American architecture; and
(B) many other historically and architecturally
significant structures;
(9) the city and the residents of Taunton have preserved
many artifacts, gravesites, and important documents dating back
to 1638, when Taunton was founded; and
(10) Taunton was and continues to be an important
destination for immigrants from Europe and other parts of the
world who have contributed to the unique ethnic character of
Southeastern Massachusetts.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``city'' means the city of Taunton,
Massachusetts.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of
Massachusetts.
SEC. 4. STUDY.
(a) In General.--The Secretary, in consultation with State historic
preservation officers, State historical societies, the city, and other
appropriate organizations, shall conduct a study of certain historic
buildings and areas in the city to determine the suitability and
feasibility of designating the historic buildings and areas as a unit
of the National Park System.
(b) Requirements.--The study required under subsection (a) shall--
(1) be conducted and completed in accordance with section
8(c) of Public Law 91-383 (16 U.S.C. la-5(c)); and
(2) include analysis, documentation, and determinations on
whether the historic areas in Taunton--
(A) can be collectively managed, curated,
interpreted, restored, preserved, and presented by--
(i) the National Park Service; or
(ii) an alternative management structure;
(B) have an assemblage of cultural, historic, and
natural resources that together represent distinctive
aspects of the heritage of the United States worthy of
recognition, conservation, interpretation, and
continuing use;
(C) reflect traditions, customs, beliefs, and
historical events that are a valuable part of the story
of the United States;
(D) provide outstanding--
(i) opportunities to conserve
architectural, cultural, historical, natural,
or scenic features; and
(ii) recreational and educational
opportunities; and
(E) can be managed by the National Park Service, in
partnership with residents of the city, business
interests, nonprofit organizations, and State and local
governments, as a unit of the National Park System in a
manner that is consistent with State and local economic
activity.
SEC. 5. REPORT.
Not later than 3 fiscal years after the date on which funds are
first made available to carry out this Act, the Secretary shall submit
to the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report that
describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Taunton, Massachusetts Study Act - Directs the Secretary of the Interior to conduct a study to determine the suitability and feasibility of designating certain historic buildings and areas in the city of Taunton, Massachusetts, as a unit of the National Park System. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief Certainty Act''.
TITLE I--PERMANENT TAX RELIEF
SEC. 101. REPEAL OF EGTRRA SUNSET.
(a) In General.--Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is repealed.
(b) Sunset Maintained for Expansion of Adoption Benefits Under the
Patient Protection and Affordable Care Act.--Subsection (c) of section
10909 of the Patient Protection and Affordable Care Act is amended to
read as follows:
``(c) Sunset Provision.--All provisions of, and amendments made by,
this section shall not apply to taxable years beginning after December
31, 2011, and the Internal Revenue Code of 1986 shall be applied and
administered to such years as if such provisions and amendments had
never been enacted.''.
SEC. 102. REPEAL OF JGTRRA SUNSET.
Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is repealed.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.
The Secretary of the Treasury or the Secretary's delegate shall not
later than 90 days after the date of the enactment of this Act, submit
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a draft of any technical and
conforming changes in the Internal Revenue Code of 1986 which are
necessary to reflect throughout such Code the purposes of the
provisions of, and amendments made by, this Act.
TITLE II--PERMANENT INDIVIDUAL AMT RELIEF
SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF.
(a) Modification of Alternative Minimum Tax Exemption Amount.--
(1) In general.--Paragraph (1) of section 55(d) of the
Internal Revenue Code of 1986 (relating to exemption amount) is
amended to read as follows:
``(1) Exemption amount for taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the term `exemption amount' means--
``(A) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(A) in the case of--
``(i) a joint return, or
``(ii) a surviving spouse,
``(B) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(B) in the case of an
individual who--
``(i) is not a married individual, and
``(ii) is not a surviving spouse,
``(C) 50 percent of the dollar amount applicable
under paragraph (1)(A) in the case of a married
individual who files a separate return, and
``(D) $22,500 in the case of an estate or trust.
For purposes of this paragraph, the term `surviving spouse' has
the meaning given to such term by section 2(a), and marital
status shall be determined under section 7703.''.
(2) Specified exemption amounts.--Section 55(d) of such
Code is amended by adding at the end the following new
paragraph:
``(4) Specified exemption amounts.--
``(A) Taxpayers described in paragraph (1)(A).--For
purposes of paragraph (1)(A)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $72,450
2011....................................................... $74,450
2012....................................................... $78,250
2013....................................................... $81,450
2014....................................................... $85,050
2015....................................................... $88,650
2016....................................................... $92,650
2017....................................................... $96,550
2018....................................................... $100,950
2019....................................................... $105,150
2020....................................................... $109,950.
------------------------------------------------------------------------
``(B) Taxpayers described in paragraph (1)(B).--For
purposes of paragraph (1)(B)--
------------------------------------------------------------------------
The
``For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2010....................................................... $47,450
2011....................................................... $48,450
2012....................................................... $50,350
2013....................................................... $51,950
2014....................................................... $53,750
2015....................................................... $55,550
2016....................................................... $57,550
2017....................................................... $59,500
2018....................................................... $61,700
2019....................................................... $63,800
2020....................................................... $66,200.''.
------------------------------------------------------------------------
(b) Alternative Minimum Tax Relief for Nonrefundable Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Adoption credit.--
(i) Section 23(b) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraph (4).
(ii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code, as in
effect on December 31, 2009 amended by
redesignating paragraph (3) as paragraph (2).
(B) Child tax credit.--
(i) Section 24(b) of such Code is amended
by striking paragraph (3).
(ii) Section 24(d)(1) of such Code is
amended--
(I) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be,'' each place it appears in
subparagraphs (A) and (B) and inserting
``section 26(a)'', and
(II) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be'' in the second last sentence and
inserting ``section 26(a)''.
(C) Credit for interest on certain home
mortgages.--Section 25(e)(1)(C) of such Code is amended
to read as follows:
``(C) Applicable tax limit.--For purposes of this
paragraph, the term `applicable tax limit' means the
limitation imposed by section 26(a) for the taxable
year reduced by the sum of the credits allowable under
this subpart (other than this section and sections 23,
25D, and 1400C).''.
(D) Savers' credit.--Section 25B of such Code is
amended by striking subsection (g).
(E) Residential energy efficient property.--Section
25D(c) of such Code is amended to read as follows:
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(F) Certain plug-in electric vehicles.--Section
30(c)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(G) Alternative motor vehicle credit.--Section
30B(g)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(H) New qualified plug-in electric vehicle
credit.--Section 30D(c)(2) of such Code is amended to
read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(I) Cross references.--Section 55(c)(3) of such
Code is amended by striking ``26(a), 30C(d)(2),'' and
inserting ``30C(d)(2)''.
(J) Foreign tax credit.--Section 904 of such Code
is amended by striking subsection (i) and by
redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(K) First-time home buyer credit for the district
of columbia.--Section 1400C(d) of such Code is amended
to read as follows:
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Tax Relief Certainty Act - Eliminates the terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making the provisions of such Act permanent. Terminates after December 31, 2011, provisions of the Patient Protection and Affordable Care Act increasing tax benefits for adoption.
Eliminates the terminating date of the Jobs and Growth Tax Relief Reconciliation Act of 2003 applicable to provisions reducing tax rates on dividends and capital gains.
Amends the Internal Revenue Code to: (1) phase-in between 2010 through 2020 increases in the exemption amount for the alternative minimum tax (AMT); and (2) make permanent offsets against the AMT for certain nonrefundable tax credits. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Perchlorate Contamination
Remediation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) because finite water sources in the United States are
stretched by regional drought conditions and increasing demand
for water supplies, there is increased need for safe and
dependable supplies of fresh water for drinking and
agricultural purposes;
(2) perchlorate, a naturally occurring and manmade compound
with commercial and national defense applications, is used
primarily in military munitions and rocket fuels, and also in
fireworks, road flares, blasting agents, and automobile
airbags;
(3) perchlorate has been detected in fresh water sources
intended for drinking water and agricultural use in 35 States
and the District of Columbia;
(4)(A) perchlorate has been detected in the food supply of
the United States; and
(B) many fruits and vegetables, including lettuce, wheat,
tomato, cucumber, and cantaloupe, contain at least trace levels
of perchlorate, as do wine, whiskey, soy milk, dairy milk, and
human breast milk; and
(5) if ingested in sufficient concentration and for
adequate duration, perchlorate may interfere with thyroid
metabolism, the effects of which may impair normal development
of the brain in fetuses, newborns, and children.
(b) 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.--
(i) Activities.--In providing grants under
this subsection, the Administrator shall give
priority to an activity for the remediation
of--
(I) drinking water contaminated
with perchlorate;
(II) a water source with a high
concentration of perchlorate; or
(III) a water source that serves a
large population that is directly
affected by perchlorate contamination.
(ii) Locations.--In providing grants under
this subsection, the Administrator shall give
priority to an activity described in clause (i)
that is carried out in 1 or more of the
following regions in the State:
(I) The Santa Clara Valley.
(II) Regions within the natural
watershed of the Santa Ana River,
including areas in Riverside and San
Bernardino Counties.
(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 that reflects all
routes of exposure to 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: (1) activities for the remediation of drinking water contaminated with perchlorate, a water source with a high concentration of perchlorate, or a water source that serves a large population that is directly affected by perchlorate contamination; and (2) activities in the Santa Clara Valley, the San Gabriel Valley, Sacramento County, regions 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 that reflects all routes of exposure to perchlorate. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manufacturing Certainty and Captive
Finance Affiliate Clarification Act''.
SEC. 2. CLARIFICATION OF THE EXEMPTIONS FOR CAPTIVE FINANCE COMPANIES
FROM THE DEFINITION OF MAJOR SWAP PARTICIPANT AND FROM
THE SWAP CLEARING REQUIREMENT.
(a) Exclusion From Definition of Major Swap Participant.--Section
1a(33)(D) of the Commodity Exchange Act (7 U.S.C. 1a(33)(D)) is amended
to read as follows:
``(D) Exclusion of certain captive finance
entities.--
``(i) In general.--The definition under
this paragraph shall not include an entity
whose primary business is providing financing
that facilitates the sale or lease of products
by or on behalf of the parent company or
another subsidiary of the parent company, and
uses derivatives only for the purpose of
hedging underlying commercial risks in a
consolidated financing and leasing portfolio,
at least 90 percent of which, as of the end of
its preceding fiscal year, is qualifying
financing (including loans, notes, installment
sales contracts, receivables, and operating and
financing leases).
``(ii) Definitions.--In this subparagraph:
``(I) Qualifying financing.--The
term `qualifying financing' means--
``(aa) any financing or
lease of, or that includes, a
product; or
``(bb) any financing to or
for the benefit of an affiliate
of the entity, a distribution
entity, or any customer or
affiliate of a distribution
entity,
except that the term does not include
any financing that does not facilitate
the sale of a product manufactured by
the entity or its affiliates, as
determined by the Commission.
``(II) Product.--The term `product'
means--
``(aa) any good that is
manufactured or sold by an
affiliate of the entity; and
``(bb) any service that is
provided by an affiliate of the
entity.
``(III) Distribution entity.--The
term `distribution entity' means a
person whose primary business is the
sale, lease or servicing of a product
that is manufactured by the entity or
its affiliates.
``(IV) Affiliate.--The term
`affiliate' means, with respect to an
entity--
``(aa) a person that
reports information or prepares
financial statements on a
consolidated basis with the
entity, or for which a parent
company reports information or
prepares financial statements
on a consolidated basis for the
person and the entity; or
``(bb) a person of which
the entity or the parent of the
entity holds 50 percent or more
of the equity interests.
``(V) Person.--The term `person'
means an individual, partnership,
corporation (including a business
trust), limited liability company,
joint stock company, trust,
unincorporated association, joint
venture or other entity, or a
government or any political subdivision
or agency thereof.''.
(b) Exclusion From Swap Clearing Requirement.--Section
2(h)(7)(C)(iii) of such Act (7 U.S.C. 2(h)(7)(C)(iii)) is amended to
read as follows:
``(iii) Exclusion of certain captive
finance entities.--Such term shall not include
an entity excluded from the definition of major
swap participant by reason of section
1a(33)(D).''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if they had
been included in subtitle A of title VII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act. | Manufacturing Certainty and Captive Finance Affiliate Clarification Act - Amends the Commodity Exchange Act to redefine an exclusion from "major swap participant" (and as a result from the swap clearing requirement) an entity (captive finance company) whose primary business is providing financing that facilitates the sale or lease of products by or on behalf of the parent company or its subsidiary, and uses derivatives only for the purpose of hedging underlying commercial risks in a consolidated financing and leasing portfolio at least 90% of which, as of the end of its preceding fiscal year, is qualifying financing (including loans, notes, installment sales contracts, receivables, and operating and financing leases).
Declares amendments made by this Act effective as of the enactment of the Wall Street Transparency and Accountability Act of 2010 (title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act). | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Handgun Control Act of 1996''.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress hereby finds and declares--
(1) that the estimated total number of handguns in private
hands has reached seventy-six million;
(2) that handguns play a major role, and a role
disproportionate to their number in comparison with long guns,
in the commission of homicide, aggravated assault, and armed
robbery, and that the percentage of violent crimes in which
handguns are used is increasing;
(3) that more than one-half of all handguns are acquired
secondhand and that licensing and restrictions on sale of new
handguns will not significantly reduce handgun crime and
handgun violence;
(4) that with few exceptions handguns are not used for
sporting or recreational purposes and that such purposes do not
require keeping of handguns in private homes;
(5) that handguns in the home are of less value than is
commonly thought in defending against intruders and that such
defensive purposes can be adequately accomplished by other
means;
(6) that violent crimes perpetrated with handguns
constitute a burden upon and interfere with interstate and
foreign commerce and threaten the internal security and
domestic tranquillity of the Nation; and
(7) that a national firearms policy which restricts the
availability of handguns for nonlaw enforcement and nonmilitary
purposes will significantly reduce violent crime, reduce deaths
from handguns, and reduce other handgun violence in the United
States.
SEC. 3. HANDGUN CONTROLS.
Title 18, United States Code, is amended by inserting after chapter
50 the following:
``CHAPTER 50A--HANDGUNS
``Sec.
``1091. Unlawful acts.
``1092. Licensing.
``1093. Penalties.
``1094. Exceptions.
``1095. Voluntary delivery to law enforcement agency; reimbursement.
``1096. Rules and regulations.
``1097. Effect on State law.
``1098. Definitions.
``Sec. 1091. Unlawful acts
``(a) Except as provided in section 1094 of this chapter and in
subsection (b) of this section, it shall be unlawful for any person to
import, manufacture, sell, buy, transfer, receive, or transport any
handgun.
``(b) The Secretary may, consistent with public safety and
necessity, exempt from the operation of subsection (a) of this section
such importation, manufacture, sale, purchase, transfer, receipt, or
transportation of handguns by importers, manufacturers, or dealers,
licensed under chapter 44 of this title, and by pistol clubs licensed
under this chapter, as may in his judgment be required for the
operation of such pistol clubs or for purposes described in section
1094 of this chapter.
``Sec. 1092. Licensing
``(a) A pistol club desiring to be licensed under this chapter
shall file an application for such license with the Secretary. The
application shall be in such form and contain such information as the
Secretary shall by regulation prescribe. The fee for such license shall
be $25 per year.
``(b) Any importer, manufacturer, or dealer desiring to be licensed
under this chapter shall apply as provided in chapter 44 of this title.
``(c) Any application submitted under subsection (a) shall be
approved if--
``(1) all members of the pistol club are twenty-one years
of age or older;
``(2) no member of the pistol club is prohibited from
transporting, shipping, or receiving firearms or ammunition in
interstate or foreign commerce under section 922(g) or (h) of
this title or under the law of the State in which the club will
be located or of the State in which the member is domiciled;
``(3) no member of the pistol club has willfully violated
any of the provisions of this chapter or of chapter 44 of this
title or any regulations issued thereunder;
``(4) the pistol club has not willfully failed to disclose
any material information required, or has not made any false
statement as to any material fact, in connection with his
application; and
``(5) the pistol club has premises from which it operates
and--
``(A) maintains possession and control of the
handguns used by its members, and
``(B) has procedures and facilities for keeping
such handguns in a secure place, under the control of
the club's chief officer, at all times when they are
not being used for target shooting or other sporting or
recreational purposes.
``(d)(1) The Secretary must approve or deny an application for a
license within the forty-five-day period beginning on the date it is
received. If the Secretary fails to act within such period, the
applicant may file an action under section 1361 of title 28 to compel
the Secretary to act. If the Secretary approves an applicant's
application, such applicant shall be issued a license upon payment of
the prescribed fee.
``(2) The Secretary may, after notice and opportunity for hearing,
revoke any license issued under this section if the holder of such
license has violated any provision of this chapter or of chapter 44 of
this title or any rule or regulation prescribed by the Secretary under
such chapters. The Secretary's action under this paragraph may be
reviewed only as provided in subsection (e) of this section.
``(e)(1) Any person whose application for a license is denied and
any holder of a license which is revoked shall receive a written notice
from the Secretary stating specifically the grounds upon which the
application was denied or upon which the license was revoked. Any
notice of revocation of a license shall be given to the holder of such
license before the effective date of the revocation.
``(2) If the Secretary denies an application for, or revokes, a
license, he shall, upon request by the aggrieved party, promptly hold a
hearing to review his denial or revocation. In the case of a revocation
of a license, the Secretary shall upon the request of the holder of the
license stay the effective date of the revocation. A hearing held under
this paragraph shall be held at a location convenient to the aggrieved
party.
``(3) If after a hearing held under paragraph (2) the Secretary
decides not to reverse his decision to deny an application or revoke a
license, the Secretary shall give notice of his decision to the
aggrieved party. The aggrieved party may at any time within sixty days
after the date notice was given under this paragraph file a petition
with the United States District Court for the district in which he
resides or has his principal place of business for a judicial review of
such denial or revocation. In a proceeding conducted under this
subsection, the court may consider any evidence submitted by the
parties to the proceeding. If the court decides that the Secretary was
not authorized to deny the application or to revoke the license, the
court shall order the Secretary to take such action as may be necessary
to comply with the judgment of the court.
``(f) Each licensed pistol club shall maintain such records of
receipt, sale, or other disposition, of handguns at such place, for
such period, and in such form as the Secretary may by regulations
prescribe. Such pistol clubs shall make such records available for
inspection at all reasonable times, and shall submit to the Secretary
such reports and information with respect to such records and the
contents thereof as he shall by regulations prescribe. The Secretary
may enter at reasonable times the premises (including places of
storage) of any pistol club for the purpose of inspecting or examining
(1) any records of documents required to be kept by such pistol club
under the provisions of this chapter or chapter 44 of this title and
regulations issued under such chapters, and (2) any handguns or
ammunition kept or stored by such pistol club at such premises. Upon
the request of any State or any political subdivision thereof, the
Secretary may make available to such State or any political subdivision
thereof any information which he may obtain by reason of the provisions
of this chapter with respect to the identification of persons who are
members of pistol clubs within such State or political subdivision
thereof, together with a description of the handguns included in such
pistol club's license.
``(g) Licenses issued under the provisions of subsection (c) of
this section shall be kept posted and kept available for inspection on
the premises covered by the license.
``Sec. 1093. Penalties
``(a) Whoever violates any provision of this chapter or knowingly
makes any false statement or representation with respect to the
information required by the provisions of this chapter to be kept in
the records of a pistol club licensed under this chapter, or in
applying for any license under the provisions of this chapter, shall be
fined under this title, imprisoned not more than 5 years, or both.
``(b) Any handgun involved or used in, or intended to be used in,
any violation of the provisions of this chapter or chapter 44 of this
title or any rule or regulation promulgated thereunder, or any
violation of any other criminal law of the United States, shall be
subject to seizure and forfeiture and all provisions of the Internal
Revenue Code of 1986 relating to the seizure, forfeiture, and
disposition of firearms shall, so far as applicable, extend to seizures
and forfeitures under the provisions of this chapter.
``Sec. 1094. Exceptions
``(a) The provisions of this chapter shall not apply with respect
to the importation, manufacture, sale, purchase, transfer, receipt, or
transportation of any handgun which the Secretary determines is being
imported or manufactured for, sold, or transferred to, purchased,
received, or transported by, or issued for the use of, the United
States or any department or agency thereof or any State or any
department, agency, or political subdivision thereof.
``(b) The provisions of this chapter shall not apply with respect
to the importation, manufacture, sale, purchase, transfer, receipt, or
transportation of a handgun which the Secretary determines is
unserviceable, not restorable to firing condition, and intended for use
as a curio, museum piece, or collectors' item.
``Sec. 1095. Voluntary delivery to law enforcement agency;
reimbursement
``(a) A person may at any time deliver to any Federal, State, or
local law enforcement agency designated by the Secretary a handgun
owned or possessed by such person. The Secretary shall arrange with
each agency designated to receive handguns for the transfer,
destruction, or other disposition of all handguns delivered under this
section.
``(b) Upon proof of lawful acquisition and ownership by a person
delivering a handgun to a law enforcement agency under this section,
the owner of the handgun shall be entitled to receive from the United
States a payment equal to the fair market value of the handgun or $25,
whichever is more. The Secretary shall provide for the payment,
directly or indirectly, through Federal, State, and local law
enforcement agencies, of the amounts to which owners of handguns
delivered under this section are entitled.
``(c) The amounts authorized in subsection (b) of this section
shall be paid out of the fees collected under section 1092(a) of this
chapter to the extent that such fees are sufficient for this purpose.
The remainder of amounts authorized in subsection (b) of this section
shall be paid out of general revenues.
``Sec. 1096. Rules and regulations
``(a) The Secretary may prescribe such rules and regulations as he
deems necessary to carry out the provisions of this chapter,
including--
``(1) regulations providing that a person licensed under
this chapter, when dealing with another person so licensed or
with a person licensed under chapter 44 of this title, shall
provide such other licensed person a certified copy of his
license; and
``(2) regulations providing for the issuance, at a
reasonable cost, to a person licensed under this chapter, of
certified copies of his license for use as provided under
regulations issued under paragraph (1) of this subsection.
``(b) The Secretary shall give reasonable public notice, and afford
to interested parties opportunity for hearing, prior to prescribing
rules and regulations authorized by this section.
``Sec. 1097. Effect on State law
``No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which such
provision operates to the exclusion of the law of any State on the same
subject, unless there is a direct and positive conflict between such
provision and the law of the State so that the two cannot be reconciled
or consistently stand together.
``Sec. 1098. Definitions
``As used in this chapter:
``(1) The term `person' and the term `whoever' include any
individual, corporation, company, association, firm,
partnership, club, society, or joint-stock company.
``(2) The term `importer' means any person engaged in the
business of importing or bringing handguns into the United
States for purposes of sale or distribution; and the term
`licensed importer' means any such person licensed under the
provisions of chapter 44 of this title.
``(3) The term `manufacturer' means any person engaged in
the manufacture or assembly of handguns for the purposes of
sale or distribution; and the term `licensed manufacturer'
means any such person licensed under the provisions of chapter
44 of this title.
``(4) The term `dealer' means (A) any person engaged in the
business of selling handguns at wholesale or retail, (B) any
person engaged in the business of repairing handguns or of
making or fitting special barrels, or trigger mechanisms to
handguns, or (C) any person who is a pawnbroker. The term
`licensed dealer' means any dealer who is licensed under the
provisions of chapter 44 of this title.
``(5) The term `collector' means any person who acquires,
holds, or disposes of handguns as curios, or relics, as the
Secretary shall by regulation define, and the term `licensed
collector' means any such person licensed under the provisions
of chapter 44 of this title.
``(6) The term `Secretary' or `Secretary of the Treasury'
means the Secretary of the Treasury or his delegate.
``(7) The term `handgun' means any weapon--
``(A) designed or redesigned, or made, or remade,
and intended to be fired while held in one hand;
``(B) having a barrel less than ten inches in
length; and
``(C) designed or redesigned, or made or remade, to
use the energy of an explosive to expel a projectile or
projectiles through a smooth or rifled bore.
``(8) The term `pistol club' means a club organized for
target shooting with handguns or to use handguns for sporting
or other recreational purposes and which--
``(A) maintains possession and control of the
handguns used by its members, and
``(B) has procedures and facilities for keeping
such handguns in a secure place, under the control of
the club's chief officer, at all times when they are
not being used for target shooting, sporting, or other
recreational purposes.
The term `licensed pistol club' means any pistol club which is
licensed under this chapter.''.
SEC. 4. ENFORCEMENT AND ADMINISTRATION.
The enforcement and administration of the amendment made by this
Act shall be vested in the Secretary of the Treasury.
SEC. 5. EFFECT ON OTHER FEDERAL LAW.
Nothing in this Act or the amendment made by this Act shall be
construed as modifying or affecting any provision of--
(1) the National Firearms Act (chapter 53 of the Internal
Revenue Code of 1954);
(2) section 414 of the Mutual Security Act of 1954 (22
U.S.C. 1934), as amended, relating to munitions control; or
(3) section 1715 of title 18, United States Code, relating
to nonmailable firearms.
SEC. 6. EFFECTIVE DATE.
The provisions of this Act shall take effect one year after the
date of the enactment of this Act. | Handgun Control Act of 1996 - Amends the Federal criminal code to prohibit the importation, manufacture, sale, purchase, transfer, receipt, or transportation (use) of a handgun, with exceptions.
Authorizes the Secretary of the Treasury, consistent with public safety and necessity, to exempt such activities by licensed importers, manufacturers, or dealers, and by licensed pistol clubs, as may be required for the operation of such clubs.
Requires a pistol club desiring to be licensed to file an application for a license with the Secretary. Establishes a $25 per year license fee. Requires approval of any such application if: (1) all club members are age 21 or older; (2) no member of the club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under Federal or applicable State law; (3) no member of the club has willfully violated any Federal firearms law or regulations; (4) the club has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with the application; and (5) the club has premises from which it operates and maintains possession and control of the handguns used by its members and has procedures and facilities for keeping such handguns in a secure place, under the control of the club's chief officer, at all times when they are not being used for target shooting or other sporting or recreational purposes.
Establishes procedures and requirements regarding: (1) approval or denial of applications; (2) license revocation, including notice and opportunity for a hearing; (3) review by the Secretary and appeal of application denials; (4) records requirements by licensed clubs; and (5) license posting and availability for inspection on the premises covered by the licensee.
Sets penalties for violations. Subjects handguns involved, used, or intended to be used in violation of Federal firearms provisions to seizure and forfeiture and makes all provisions of the Internal Revenue Code relating to seizure, forfeiture, and disposition of firearms, so far as applicable, extend to such seizures and forfeitures.
Makes this Act inapplicable to such use: (1) by the United States or any department or agency thereof or any State or department, agency, or political subdivision thereof; and (2) in which the handgun is determined to be unserviceable, not restorable to firing condition, and intended for use as a curio, museum piece, or collectors' item.
Sets forth provisions regarding: (1) voluntary delivery of a handgun to a law enforcement agency, including provision for reimbursement upon proof of lawful acquisition and ownership; (2) rulemaking by the Secretary; (3) the Secretary's enforcement and administration authority; and (4) the effect of this Act on State law and on other Federal law. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fueling the U.S.A. Through
Unlimited Reliable Energy (FUTURE) Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Economic prosperity is closely linked to an affordable
and ample energy supply.
(2) Environmental quality is closely linked to energy
production and use.
(3) Population, worldwide economic development, energy
consumption, and stress on the environment are all expected to
increase substantially in the coming decades.
(4) The few energy options with the potential to meet
economic and environmental needs for the long-term future
should be pursued aggressively now, as part of a balanced
national energy plan.
(5) Fusion energy is an attractive long-term energy source
due to a virtually inexhaustible supply of fuel available to
all nations, its potential as a large base-load electric and
hydrogen energy source requiring relatively little land mass,
and its inherent safety and promise of minimal environmental
impact.
(6) The National Research Council, the President's
Committee of Advisors on Science and Technology, and the
Secretary of Energy Advisory Board have each reviewed the
Fusion Energy Sciences Program and each strongly supports the
fundamental science and creative innovation of the program and
has confirmed that progress toward the goal of producing
practical fusion energy has been excellent, although much
scientific and engineering work remains to be done.
(7) Each of these reviews and the opinions of other fusion
scientists have stressed the need for a magnetic fusion burning
plasma experiment to address key scientific issues and as a
necessary step in the development of fusion energy.
(8) The United States fusion research community has
developed a strong consensus that the first option for United
States involvement in a burning plasma experiment should be
through the international project known as ``ITER'', and, that
should the ITER project fail to go forward, then the
construction of a domestic burning plasma experiment known as
the Fusion Ignition Research Experiment or ``FIRE'' should be
pursued aggressively.
(9) The United States scientific community has also
developed a corresponding consensus that the eventual success
of fusion power will require, concurrent with a burning plasma
experiment, strengthened effort in fundamental fusion science,
development of advanced technology, and innovation and
optimization of configurations for an eventual fusion
demonstration facility.
(10) The Fusion Energy Sciences Program budget is
inadequate to support the necessary science and innovation for
the present generation of experiments, and cannot accommodate
the cost of participation in or construction of a burning
plasma experiment
SEC. 3. PLAN FOR FUSION EXPERIMENT.
(a) In General.--
(1) Priority for international burning plasma project.--The
Secretary of Energy (in this Act referred to as ``the
Secretary'') is authorized to undertake full scientific and
technological cooperation in the international burning plasma
project known as ITER.
(2) Alternative project.--If at any time during the
negotiations on the ITER project, the Secretary determines that
construction and operation of the ITER project is unlikely or
infeasible, the Secretary shall send to Congress, as part of
the budget request for the following year, a plan for
implementing the domestic burning plasma experiment known as
FIRE, including costs and schedules for such a plan. The
Secretary shall refine such plan in full consultation with the
Fusion Energy Sciences Advisory Committee and shall also
transmit such plan to the National Research Council for review.
(b) United States Policy With Respect to Fusion Energy Science.--
(1) Declaration of policy.--It shall be the policy of the
United States to develop the scientific, engineering, and
commercial infrastructure necessary to ensure that the United
States is competitive with other nations in providing fusion
energy for its own needs and the needs if other nations,
including, by demonstrating electric power or hydrogen
production for the United States energy grid utilizing fusion
energy at the earliest date possible.
(2) Fusion energy plan.--Within 6 months of the date of
enactment of this act, the Secretary shall transmit to Congress
a plan for carrying out the policy set forth in paragraph (1),
including cost estimates, proposed budgets, potential
international partners, and specific programs for implementing
such policy.
(A) Requirements of plan.--Such plan shall also
ensure that--
(i) existing fusion research facilities are
more fully utilized;
(ii) fusion science, technology, theory,
advanced computation, modeling, and simulation
are strengthened;
(iii) new magnetic and inertial fusion
research facilities are selected based on
scientific innovation, cost effectiveness, and
their potential to advance the goal of
practical fusion energy at the earliest date
possible;
(iv) such facilities that are selected are
funded at a cost-effective rate;
(v) communication of scientific results and
methods between the fusion energy science
community and the broader scientific and
technology communities is improved;
(vi) inertial confinement fusion facilities
are utilized to the extent practicable for the
purpose of inertial fusion energy research and
development; and
(vii) attractive alternative inertial and
magnetic fusion energy approaches are more
fully explored.
(B) Report on fusion materials and technology
project.--In addition, the plan required by this
section shall also address the status of, and to the
degree possible, the costs and schedules for--
(i) the design and implementation of
international or national facilities for the
testing of fusion materials; and
(ii) the design and implementation of
international or national facilities for the
testing and development of key fusion
technologies.
SEC. 4. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) The term ``ITER'' refers to the international fusion
research project whose design is complete and whose location
and financing is currently being negotiated between Japan,
Europe, the Russian Federation, Canada, China, and the United
States.
(2) The term ``FIRE'', refers to the Fusion Ignition
Research Experiment, the fusion research experiment for which
design work has been supported by the Department of Energy in
the as a possible alternative burning plasma experiment in the
event that the ITER project fails to move forward.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) for participation in the ITER project (or development
of the Fire project) under section 3(a) of this Act--
(A) $12,000,000 for fiscal year 2004;
(B) $20,000,000 for fiscal year 2005;
(C) $50,000,000 for fiscal year 2006;
(D) $75,000,000 for fiscal year 2007; and
(E) $115,000,000 for fiscal year 2008; and
(2) for the Fusion Energy Sciences Program in addition to
the sums under paragraph (1) of this section--
(A) $335,000,000 for fiscal year 2004;
(B) $349,000,000 for fiscal year 2005;
(C) $362,000,000 for fiscal year 2006;
(D) $377,000,000 for fiscal year 2007; and
(E) $393,000,000 for fiscal year 2008. | Fueling the U.S.A. Through Unlimited Reliable Energy (FUTURE) Act of 2003 - Authorizes the Secretary of Energy to undertake full scientific and technological cooperation in the international burning plasma project (ITER).Directs the Secretary to: (1) send an implementation plan to Congress for a domestic burning plasma experiment (FIRE) if at any time during the negotiations on the ITER project, the Secretary determines that construction and operation of the ITER project is unlikely or infeasible; and (2) transmit to Congress a plan for implementing a policy for developing the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other nations in providing fusion energy for its own needs and the needs of other nations, including by demonstrating electric power or hydrogen production for the U.S. energy grid utilizing fusion energy at the earliest date possible. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Partnership Program
Enhancement Act of 2015''.
SEC. 2. MODIFICATION AND EXTENSION OF NATIONAL GUARD STATE PARTNERSHIP
PROGRAM.
(a) Authority.--Subsection (a)(1) of section 1205 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 897; 32 U.S.C. 107 note) is amended--
(1) by striking ``whose primary functions include disaster
response or emergency response,''; and
(2) by adding at the end before the period the following:
``to support the national interests and security cooperation
goals and objectives of the United States as defined by the
current and evolving national global strategic policies of the
United States''.
(b) Limitation.--Subsection (b) of such section is amended by
striking ``whose primary functions include disaster response or
emergency response''.
(c) Regulations.--Such section, as so amended, is further amended
by striking subsection (c) and inserting the following:
``(c) Regulations.--
``(1) Regulations.--
``(A) In general.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall
prescribe regulations to carry out this section. Such
regulations shall establish procedures relating to
planning, programming, budgeting, accounting
procedures, and performance metrics to ensure--
``(i) appropriate use of funds to carry out
this section; and
``(ii) expenditures of funds to carry out
this section are accounted for and appropriate.
``(B) Consultation.--The Secretary of Defense, with
the concurrence of the Secretary of State, shall
consult with the Chief of the National Guard Bureau
on--
``(i) the development of and changes to
regulations prescribed under subparagraph (A);
and
``(ii) the development of the annual report
under subsection (e).
``(2) Role of chief of the national guard bureau.--The
Chief of the National Guard Bureau shall--
``(A) establish, maintain, and update as
appropriate a list of core competencies of the National
Guard to support each program established under
subsection (a), collectively and for each State and
territory, and shall submit to the Secretary of Defense
and the Secretary of State the list of core
competencies of the National Guard and additional
information needed to make use of such core
competencies; and
``(B) designate a director for each State and
territory who shall be responsible for the conduct of
activities under a program established under subsection
(a) for such State or territory and reporting on
activities under the program.
``(3) Role of secretary of defense.--The Secretary of
Defense shall ensure that regulations to carry out this section
include planning, coordinating, and execution requirements with
the relevant combatant commanders and that activities under a
program established under subsection (a) meet the relevant
theater security cooperation objectives.
``(4) Role of secretary of state.--The Secretary of State
shall ensure that the regulations to carry out this section
include planning, coordinating, and execution requirements with
the relevant chiefs of mission and that activities under a
program established under subsection (a) meet the diplomatic
objectives of the Department of State.''.
(d) National Guard State Partnership Program Fund.--Subsection (d)
of such section is amended to read as follows:
``(d) National Guard State Partnership Program Fund.--
``(1) Establishment.--There is hereby established on the
books of the Treasury the National Guard State Partnership
Program Fund (in this subsection referred to as the `Fund').
``(2) Credits to fund.--There shall be credited to the Fund
the following:
``(A) Amounts authorized for and appropriated to
the Fund.
``(B) Amounts that the Secretary of Defense
transfers, in such amounts as provided in
appropriations Acts, to the Fund from amounts
authorized and appropriated to the Department of
Defense, including amounts authorized to be
appropriated for the Army National Guard and the Air
National Guard.
``(3) Use of amounts in fund.--In such amounts as provided
in appropriations Acts, the Secretary of Defense may use
amounts in the Fund to--
``(A) for payment of costs incurred by the National
Guard of a State or territory to conduct activities
under a program established under subsection (a),
including costs for personnel, training, operations,
and equipment; and
``(B) for payment of incremental expenses of a
foreign country to conduct activities under a program
established under subsection (a).
``(4) Limitations.--
``(A) Active duty requirement.--Amounts shall not
be available under paragraph (3) for the participation
of a member of the National Guard of a State or
territory in activities in a foreign country unless the
member is on active duty in the Armed Forces at the
time of such participation.
``(B) Incremental expenses.--The total amount of
payments for incremental expenses of foreign countries
as authorized under paragraph (3)(B) for activities
under programs established under subsection (a) in any
fiscal year may not exceed $10,000,000.''.
(e) Annual Report.--Subsection (e) of such section is amended--
(1) by striking ``(e) Reports and Notifications.--'' and
all that follows through ``(B) Matters to be included.--'' and
inserting the following:
``(e) Annual Report.--
``(1) In general.--Not later than January 31 of each year
following a fiscal year in which activities under a program
established under subsection (a) are carried out, the Secretary
of Defense, in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a report on
such activities under the program.
``(2) Matters to be included.--'';
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(3) in paragraph (2) (as redesignated)--
(A) in subparagraph (C) (as redesignated), by
inserting ``or other government organizations'' after
``and security forces'';
(B) in subparagraph (D) (as redesignated), by
adding at the end before the period the following: ``or
chiefs of mission'';
(C) in subparagraph (E) (as redesignated), by
adding at the end before the period the following: ``or
how the activities support the chief of mission with
responsibilities for the country in which the
activities occurred''; and
(D) by adding at the end the following:
``(F) A performance review of activities conducted
during the previous year using metrics developed by the
Chief of the National Guard Bureau.''.
(f) Definitions.--Subsection (g) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Core competencies.--The term `core competencies of
the National Guard' or `core competencies' means military-to-
military and military-to-civilian skills and capabilities of
the National Guard that would contribute the purpose of the
program established under subsection (a).''; and
(3) by adding at the end the following:
``(4) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.''.
(g) Termination.--Such section is further amended by striking
subsection (i). | State Partnership Program Enhancement Act of 2015 Amends the National Defense Authorization Act for Fiscal Year 2014 to revise and extend indefinitely the authority of the Department of Defense (DOD) to establish exchange programs for members of the National Guard under the National Guard State Partnership Program (SPP). (Currently, the authority is scheduled to terminate on September 30, 2016.) Authorizes DOD, with the concurrence of the Department of State, to establish such programs for exchanges of members of the National Guard of a state or territory and the military forces or security forces or other government organizations of a foreign country to support the national interests and security cooperation goals and objectives of the United States as defined by the current and evolving national global strategic policies of the United States. (Currently, the primary function of the SPP is disaster and emergency response.) Directs DOD, with the concurrence of the State Department, to establish procedures for SPP planning, programming, budgeting, accounting, and performance metrics. Requires the National Guard Bureau to: (1) maintain a list of core competencies of the National Guard to support SPP activities, and (2) designate a director for each state and territory. Requires DOD to coordinate SPP regulations with combatant commanders to ensure that program activities meet theater security cooperation objectives. Requires the State Department to coordinate such regulations with relevant chiefs of mission to meet diplomatic objectives. Establishes the National Guard State Partnership Program Fund in the Treasury, into which appropriated amounts shall be credited and transferred for program activity uses, including payment of costs for personnel, training, operations, and equipment. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Towing Vessel Safety Act of 1996''.
SEC. 2. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING VESSELS.
(a) In General.--Section 4102 of title 46, United States Code, is
amended by adding at the end the following:
``(f)(1) In prescribing regulations for towing vessels, the
Secretary shall--
``(A) consider the characteristics, methods of operation,
and nature of the service of towing vessels;
``(B) consult with the Towing Safety Advisory Committee;
and
``(C) require, to the extent appropriate, the installation,
maintenance, and use of and familiarity with the following
equipment on each towing vessel, other than a towing vessel
that is used only for towing disabled vessels:
``(i) A radar system.
``(ii) An electronic position-fixing device.
``(iii) A sonic depth finder.
``(iv) A compass or swing meter.
``(v) Adequate towing wire and associated
equipment.
``(vi) Up-to-date navigational charts and
publications for the areas normally transited by the
vessel.
``(vii) Other safety equipment the Secretary
determines to be necessary.
``(2) The Secretary shall establish in regulations under this
chapter requirements that--
``(A) any equipment required on a towing vessel under
paragraph (1) shall be maintained in effective operating
condition; and
``(B) if such equipment on a vessel ceases to operate, the
master of the vessel shall exercise due diligence to restore
the equipment to effective operating condition, or cause it to
be restored to that condition, at the earliest practicable
date.''.
(b) Regulations.--The Secretary of Transportation shall issue
regulations by not later than 12 months after the date of the enactment
of this Act, prescribing navigational publication and equipment
requirements under subsection (f) of section 4102 of title 46, United
States Code, as added by subsection (a) of this section.
SEC. 3. REPORTING MARINE CASUALTIES.
(a) Expedited Reporting Required.--Section 6101(b) of title 46,
United States Code, is amended by striking ``within 5 days'' and
inserting ``by as soon as practicable, but in no case later than within
5 days,''.
(b) Penalty for Failure To Report a Casualty.--Section 6103(a) of
title 46, United States Code is amended by striking ``$1,000'' and
inserting ``not more than $25,000''.
SEC. 4. REPORT ON FEASIBILITY OF ESTABLISHING A DIFFERENTIAL GLOBAL
POSITIONING SATELLITE NAVIGATION SYSTEM AND ELECTRONIC
CHARTS FOR INLAND WATERWAYS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Transportation shall submit a report to the
Congress on the feasibility of establishing a differential global
positioning satellite navigation system and creating electronic charts
for the inland waterways of the United States.
SEC. 5. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.
Section 2114 of title 46, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) An owner, charterer, managing operator, agent, master, or
individual in charge of a vessel may not discharge, temporarily remove,
or in any manner discriminate against a seaman because the seaman--
``(1) in good faith has reported or is about to report to
the Coast Guard that the seaman believes that a violation of
this subtitle, or a regulation issued under this subtitle, has
occurred; or
``(2) refuses to violate this subtitle or a regulation
issued under this subtitle.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``and'' after the
semicolon;
(B) in paragraph (2) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) an award of cost and reasonable attorney's fees to
the prevailing plaintiff.''.
SEC. 6. MANNING AND LICENSING REQUIREMENTS FOR TOWING VESSELS.
(a) Manning Requirements.--Section 8904 of title 46, United States
Code, is amended by adding at the end the following:
``(c) A towing vessel, other than a vessel referred to in
subsection (b), shall--
``(1) while being operated, have on board an individual
licensed by the Secretary as a master of that type of towing
vessel; and
``(2) be operated by an individual licensed by the
Secretary to operate that type of towing vessel.''.
(b) Regulations Establishing Licenses for Masters and Operators.--
Section 7101 of title 46, United States Code, is amended by adding at
the end the following:
``(j)(1) The Secretary shall prescribe regulations which establish
licenses for masters and mates of towing vessels.
``(2) Regulations under this subsection shall provide that an
individual may be issued a license as a master or mate of a towing
vessel only if the individual--
``(A) demonstrates proficiency in the use of the equipment
required pursuant to section 4102(f)(1)(C) of this title; and
``(B) demonstrates proficiency in operating a towing
vessel.
``(3) Regulations under this subsection may establish standards and
procedures under which the Secretary may delegate, to individuals who
have experience in the operation of towing vessels and to other
qualified persons, the authority to conduct examinations required for
the issuance of a license as a master or mate of a towing vessel.''.
(c) Existing Uninspected Towing Vessel Operator License Holders.--
An uninspected towing vessel operator license that is valid on the date
of enactment of this Act shall be valid as a master or mate license
required under section 8904 of title 46, United States Code, as amended
by this section, until otherwise required to be renewed. The Secretary
shall require that an individual applying for a first renewal of such a
license as a master or mate license under that section demonstrate
proficiency under the requirements of section 7101(j) of title 46,
United States Code, as added by this section.
(d) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of the enactment of this Act.
(e) Deadline for Regulations.--The Secretary of the department in
which the Coast Guard is operating shall issue regulations under the
amendments made by this section by not later than 1 year after the date
of the enactment of this Act.
SEC. 7. INSPECTION OF TOWING VESSELS.
(a) In General.--Section 3301 of title 46, United States Code, is
amended by adding at the end the following:
``(14) towing vessels.''.
(b) Exception.--Section 3302 of title 46, United States Code, is
amended by adding at the end the following:
``(n) A towing vessel is not subject to inspection under section
3301(14) of this title if the vessel--
``(1) is used only for towing disabled vessels; or
``(2) is not used to pull, push, or haul alongside a barge
that is subject to inspection under section 3301 of this
title.''.
(c) Equipment Requirements.--Section 3306 of title 46, United
States Code, is amended by adding at the end the following:
``(j) In prescribing regulations for towing vessels, the Secretary
shall--
``(1) consider the characteristics, methods of operation,
and nature of the service of towing vessels;
``(2) consult with the Towing Safety Advisory Committee;
and
``(3) require, to the extent appropriate, the installation,
maintenance, and use of the following equipment on each towing
vessel, other than a towing vessel that is used only for towing
disabled vessels:
``(A) A radar system.
``(B) An electronic position-fixing device.
``(C) Adequate communications equipment.
``(D) A sonic depth finder.
``(E) A compass or swing meter.
``(F) Adequate towing equipment.
``(G) Up-to-date navigational charts and
publications for the areas normally transited by the
vessel.
``(H) Adequate fire fighting equipment.
``(I) Other equipment the Secretary determines will
minimize the risk of injury to the crew or the risk of
a vessel or barge casualty.''.
(d) Regulations.--The Secretary of Transportation shall prescribe
regulations implementing this section within 1 year after the date of
enactment of this Act.
SEC. 8. CIVIL PENALTIES.
(a) Prohibited Operation of Uninspected Towing Vessel, Generally.--
Section 4106 of title 46, United States Code, is amended by striking
``$5,000'' and inserting ``$25,000''.
(b) Operation of Uninspected Towing Vessel in Violation of Manning
Requirements.--Section 8906 of title 46, United States Code, is amended
by striking ``$1,000'' and inserting ``not more than $25,000''. | Towing Vessel Safety Act of 1996 - Amends Federal marine safety law to require the Secretary of Transportation, in prescribing regulations for towing vessels, to: (1) consider the characteristics and nature of the service of towing vessels; (2) consult with the Towing Safety Advisory Committee; and (3) require the installation of certain navigational safety equipment on each towing vessel (other than one used only for towing disabled vessels).
Revises the marine casualty reporting deadline to require that marine casualties be reported as soon as practicable, but in no case later than within five days (currently, within five days). Increases from $1,000 to up to $25,000 the civil penalty for vessel owners and operators for failing to report marine casualties.
Requires the Secretary to report to the Congress on the feasibility of establishing a differential global positioning satellite navigation system and creating electronic charts for U.S. inland waterways.
Revises antidiscrimination provisions to prohibit a vessel owner or operator from temporarily removing a seaman because he or she refuses in good faith to violate marine safety regulations.
Requires towing vessels to be: (1) manned by a licensed master; and (2) operated by a licensed individual. Directs the Secretary to prescribe regulations which establish licenses for masters and mates of such vessels, subject to specified conditions.
Subjects towing vessels to Federal inspection laws, with specified exceptions.
Increases civil penalties for violations of licensing (from $5,000 to $25,000) and manning (from $1,000 to up to $25,000) requirements committed by owners and operators of uninspected towing vessels. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rightsizing Pension Premiums Act of
2017''.
SEC. 2. RIGHTSIZING PENSION PREMIUMS.
(a) In General.--Section 4006(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1306(a)) is amended by adding at the
end the following:
``(9) Premium adjustments for small employers and based on
pbgc funded percentage.--
``(A) In general.--Notwithstanding paragraph
(3)(A)(i) and subject to subparagraphs (B) and (C), the
annual premium rate payable to the corporation by a
single-employer plan for basic benefits guaranteed
under this title is--
``(i) in the case of a single-employer plan
for any plan year beginning in a fiscal year
with respect to which the average of the
single-employer pension insurance program
funded percentages for the 2 fiscal years
immediately preceding such fiscal year is 110
percent or greater, an amount for each
individual who is a participant in such plan
during the plan year equal to the sum of $19
and an additional premium equal to the quotient
(not to exceed $500) obtained by dividing--
``(I) an amount equal to $9 for
each $1,000 (or fraction thereof) of
unfunded vested benefits under the plan
as of the close of the preceding plan
year, by
``(II) the number of participants
in such plan as of the close of the
preceding plan year;
``(ii) in the case of a single-employer
plan for any plan year beginning in a fiscal
year with respect to which the average of the
single-employer pension insurance program
funded percentages for the 2 fiscal years
immediately preceding such fiscal year is at
least 100 percent but less than 110 percent, an
amount for each individual who is a participant
in such plan during the plan year equal to the
sum of $30 and an additional premium equal to
the quotient (not to exceed $500) obtained by
dividing--
``(I) an amount equal to $9 for
each $1,000 (or fraction thereof) of
unfunded vested benefits under the plan
as of the close of the preceding plan
year, by
``(II) the number of participants
in such plan as of the close of the
preceding plan year;
``(iii) in the case of a single-employer
plan for any plan year beginning in a fiscal
year with respect to which the average of the
single-employer pension insurance program
funded percentages for the 2 fiscal years
immediately preceding such fiscal year is at
least 90 percent but less than 100 percent, an
amount for each individual who is a participant
in such plan during the plan year equal to the
sum of $64 and an additional premium equal to
the quotient (not to exceed $500) obtained by
dividing--
``(I) an amount equal to $28 for
each $1,000 (or fraction thereof) of
unfunded vested benefits under the plan
as of the close of the preceding plan
year, by
``(II) the number of participants
in such plan as of the close of the
preceding plan year;
``(iv) notwithstanding clauses (i) through
(iii), in the case of a CSEC plan (as defined
in section 210(f)) or single-employer plan
maintained by a small employer for any plan
year, an amount for each individual who is a
participant in such plan during the plan year
equal to the sum of $19 and an additional
premium equal to the quotient (not to exceed
$500) obtained by dividing--
``(I) an amount equal to $9 for
each $1,000 (or fraction thereof) of
unfunded vested benefits under the plan
as of the close of the preceding plan
year, by
``(II) the number of participants
in such plan as of the close of the
preceding plan year; and
``(v) in any other case, the amount
determined under paragraph (3)(A)(i).
``(B) Small employer premium phase-out.--
``(i) In general.--In the case of a single-
employer plan maintained by an employer who has
more than 500 employees but not more than 600
employees on the first day of the plan year,
the annual premium rate payable to the
corporation by such plan for basic benefits
guaranteed under this title is an amount for
each individual who is a participant in such
plan during the plan year equal to the sum of--
``(I) the annual premium rate that
would be so payable by such plan if
such plan were maintained by a small
employer for such plan year, plus--
``(II) the applicable percentage of
the excess of--
``(aa) the annual premium
rate so payable by such plan
without regard to this
subparagraph, over
``(bb) the annual premium
rate that would be so payable
by such plan as described under
subclause (I).
``(ii) Applicable percentage.--For purposes
of this subparagraph, the `applicable
percentage' is the ratio (expressed as a
percentage) of--
``(I) the number of employees of
the employer to the extent such number
exceeds 500, over
``(II) 100.
``(C) Special rule for multiple employer plans.--In
the case of a multiple employer plan (other than a CSEC
plan (as defined in section 210(f))), the annual
premium rate payable to the corporation by such plan
for basic benefits guaranteed under this title is the
sum of the annual premiums that, if each employer
maintaining such plan were treated as maintaining a
separate plan in which--
``(i) the number of participants equals the
number of participants in the multiple employer
plan who are employed (or formerly employed) by
such employer, and
``(ii) the amount of unfunded vested
benefits equals the portion of the unfunded
vested benefits under the multiple employer
plan attributable to such employer,
would be imposed on each separate plan in accordance
with this section. In determining the annual premiums
that would be imposed on each of the separate plans
described under this subparagraph, the determination of
whether an employer is a small employer shall be made
separately with respect to each employer maintaining
the multiple employer plan.
``(D) Special rule for small employers with 25 or
fewer employees.--In the case of a single-employer plan
maintained by a small employer who has 25 or fewer
employees on the first day of the plan year (as
determined under paragraph (3)(I)(ii)), the additional
premium otherwise determined under subparagraph (A)(iv)
shall not exceed $5 multiplied by the number of
participants in the plan as of the close of the
preceding plan year.
``(E) Wage indexing of certain amounts.--For each
plan year beginning in a calendar year after 2018,
there shall be substituted for each of the first and
second dollar amounts in clause (ii) of subparagraph
(A) and the first, second, and third dollar amounts in
clause (iii) of such subparagraph an amount equal to
the greater of--
``(i) the product derived by multiplying
each such amount by the ratio of--
``(I) the national average wage
index (as defined in section 209(k)(1)
of the Social Security Act) for the
first of the 2 calendar years preceding
the calendar year in which such plan
year begins, to
``(II) the national average wage
index (as so defined) for 2016; and
``(ii) each such amount as in effect for
plan years beginning in the preceding calendar
year.
If any amount determined under this subparagraph is not
a multiple of $1, such product shall be rounded to the
nearest multiple of $1.
``(F) Definitions.--For purposes of this paragraph:
``(i) Small employer.--The term `small
employer' means an employer who has 500 or
fewer employees on the first day of the plan
year.
``(ii) Multiple employer plan.--The term
`multiple employer plan' means a single-
employer plan maintained by more than one
employer (as determined under section 210(a)).
``(iii) Single-employer pension insurance
program funded percentage.--The term `single-
employer pension insurance program funded
percentage' for a fiscal year means the ratio
(expressed as a percentage) of--
``(I) the value of all assets held
by the corporation in any trust or
revolving fund on the last day of such
fiscal year available for the payment
of basic benefits guaranteed under
section 4022, to
``(II) the present value (as
determined in accordance with section
303(h) without regard to paragraph
(2)(C)(iv)) of the liabilities of the
corporation attributable to such
guaranteed benefits on the last day of
such fiscal year.
``(iv) Unfunded vested benefits.--The term
`unfunded vested benefits' has the meaning
given such term in paragraph (3)(E)(iii),
except that with respect to a CSEC plan (as
defined in section 210(f)), such term means the
excess of--
``(I) the plan's funding liability
(as defined in section 306(j)(5)(C)),
determined by only taking into account
vested benefits, over
``(II) the fair market value of
plan assets for the plan year which are
held by the plan on the valuation
date.''.
(b) Individuals Participating in More Than One Plan.--Section
4006(a)(3)(B) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1306(a)(3)(B)) is amended by inserting ``or paragraph (9)''
after ``subparagraph (A)(i)''.
(c) Conforming Amendment.--Section 4006(a)(3)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306) is amended in
the matter preceding clause (i) by inserting ``and paragraph (9)''
after ``subparagraph (C)''.
(d) Effective Date.--The amendments made by this shall apply with
respect to plan years beginning after December 31, 2017.
SEC. 3. CORRECTION OF THE BUDGET EFFECTS OF PREMIUM CHANGES.
(a) In General.--In the Senate and the House of Representatives,
for purposes of determining points of order under the Congressional
Budget Act of 1974 (2 U.S.C. 621 et seq.) or any concurrent resolution
on the budget, any provision that increases or decreases, or extends
the increase or decrease of, any premiums payable to the Pension
Benefit Guaranty Corporation shall not be counted in estimating the
level of budget authority, outlays, or revenues--
(1) in the Senate, for any bill, joint resolution,
amendment, amendment between the Houses, conference report, or
motion; or
(2) in the House of Representatives, for any bill or joint
resolution, or amendment thereto or conference report thereon.
(b) Rules of Senate and House of Representatives.--Congress adopts
the provisions of this section--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, and
supersede other rules only to the extent that they are
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House. | Rightsizing Pension Premiums Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to: (1) modify the formula that the Pension Benefit Guaranty Corporation (PBGC) uses to calculate the funded percentage of single-employer pension plans, and (2) reduce single-employer PBGC premiums for pension plans that are sponsored by certain small employers or have specified PBGC funded percentages. The bill also prohibits the budget effects of provisions that change PBGC premiums from being counted for the purposes of determining budget points of order for legislation in the House or the Senate. (The PBGC is a federal agency that insures the benefits of private sector, defined benefit pension plans. The PBGC is financed by insurance premiums paid by sponsors of the plans, investment income, assets from pension plans taken over by the PBGC, and recoveries from the companies formerly responsible for the plans.) | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Homes and Eliminating
Liabilities Through Encouraging Readiness Act'' or the ``SHELTER Act''.
SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE AND TORNADO
MITIGATION PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. HURRICANE AND TORNADO MITIGATION PROPERTY.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 25 percent of the qualified
hurricane and tornado mitigation property expenditures made by the
taxpayer during such taxable year.
``(b) Maximum Credit.--The credit allowed under subsection (a) for
any taxable year shall not exceed $5,000.
``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For
purposes of this section--
``(1) In general.--The term `qualified hurricane and
tornado mitigation property expenditure' means an expenditure
for property--
``(A) to improve the strength of a roof deck
attachment,
``(B) to create a secondary water barrier to
prevent water intrusion,
``(C) to improve the durability of a roof covering,
``(D) to brace gable-end walls,
``(E) to reinforce the connection between a roof
and supporting wall,
``(F) to protect openings from penetration by
windborne debris, or
``(G) to protect exterior doors and garages,
in a qualified dwelling unit located in the United States and
owned by the taxpayer.
``(2) Qualified dwelling unit.--The term `qualified
dwelling unit' means a dwelling unit that is assessed at a
value that is less than $1,000,000 by the locality in which
such dwelling unit is located and with respect to the taxable
year for which the credit described in subsection (a) is
allowed.
``(d) Limitation.--An expenditure shall be taken into account in
determining the qualified hurricane and tornado mitigation property
expenditures made by the taxpayer during the taxable year only if the
onsite preparation, assembly, or original installation of the property
with respect to which such expenditure is made has been completed in a
manner that is deemed to be adequate by a State-certified inspector.
``(e) Labor Costs.--For purposes of this section, expenditures for
labor costs properly allocable to the onsite preparation, assembly, or
original installation of the property described in subsection (c) shall
be taken into account in determining the qualified hurricane and
tornado mitigation property expenditures made by the taxpayer during
the taxable year.
``(f) Inspection Costs.--For purposes of this section, expenditures
for inspection costs properly allocable to the inspection of the
preparation, assembly, or installation of the property described in
subsection (c) shall be taken into account in determining the qualified
hurricane and tornado mitigation property expenditures made by the
taxpayer during the taxable year.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Hurricane and tornado mitigation property.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 3. BUSINESS-RELATED CREDIT FOR HURRICANE AND TORNADO MITIGATION.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 45R the following new section:
``SEC. 45S. HURRICANE AND TORNADO MITIGATION CREDIT.
``(a) General Rule.--For purposes of section 38, the hurricane and
tornado mitigation credit determined under this section for any taxable
year is an amount equal to 25 percent of the qualified hurricane and
tornado mitigation property expenditures made by the taxpayer during
the taxable year.
``(b) Maximum Credit.--The amount of the credit determined under
subsection (a) for any taxable year shall not exceed $5,000.
``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For
purposes of this section--
``(1) In general.--The term `qualified hurricane and
tornado mitigation property expenditure' means an expenditure
for property--
``(A) to improve the strength of a roof deck
attachment,
``(B) to create a secondary water barrier to
prevent water intrusion,
``(C) to improve the durability of a roof covering,
``(D) to brace gable-end walls,
``(E) to reinforce the connection between a roof
and supporting wall,
``(F) to protect openings from penetration by
windborne debris, or
``(G) to protect exterior doors and garages,
in a qualified place of business located in the United States
and owned by the taxpayer.
``(2) Qualified place of business.--The term `qualified
place of business' means a place of business that is assessed
at a value that is less than $5,000,000 by the locality in
which such business is located and with respect to the taxable
year for which the credit described in subsection (a) is
allowed.
``(d) Limitation.--An expenditure shall be taken into account in
determining the qualified hurricane and tornado mitigation property
expenditures made by the taxpayer during the taxable year only if the
onsite preparation, assembly, or original installation of the property
with respect to which such expenditure is made has been completed in a
manner that is deemed to be adequate by a State-certified inspector.
``(e) Labor Costs.--For purposes of this section, expenditures for
labor costs properly allocable to the onsite preparation, assembly, or
original installation of the property described in subsection (c) shall
be taken into account in determining the qualified hurricane and
tornado mitigation property expenditures made by the taxpayer during
the taxable year.
``(f) Inspection Costs.--For purposes of this section, expenditures
for inspection costs properly allocable to the inspection of the
preparation, assembly, or installation of the property described in
subsection (c) shall be taken into account in determining the qualified
hurricane and tornado mitigation property expenditures made by the
taxpayer during the taxable year.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (35), by striking the period
at the end of paragraph (36) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(37) the hurricane and tornado mitigation credit
determined under section 45S(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45R the following new item:
``Sec. 45S. Hurricane and tornado mitigation credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Strengthening Homes and Eliminating Liabilities Through Encouraging Readiness Act or the SHELTER Act Amends the Internal Revenue Code to allow individual and business taxpayers a tax credit for 25% of their qualified hurricane and tornado mitigation property expenditures up to $5,000 for any taxable year. Defines such expenditures as expenditures in a dwelling unit or place of business for property to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, brace gable-end walls, reinforce the connections between a roof and supporting wall, protect against windborne debris, or protect exterior doors and garages. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Emergency
Highway Relief Act''.
SEC. 2. DISTRICT OF COLUMBIA EMERGENCY HIGHWAY RELIEF.
(a) Temporary Waiver of Non-Federal Share.--Notwithstanding any
other law, during fiscal years 1995 and 1996, the Federal share of the
costs of an eligible project shall be a percentage requested by the
District of Columbia, but not to exceed 100 percent of the costs of the
project.
(b) Eligible Projects.--In this section, the term ``eligible
project'' means a highway project in the District of Columbia--
(1) for which the United States--
(A) is obligated to pay the Federal share of the costs of
the project under title 23, United States Code, on the date of
enactment of this Act; or
(B) becomes obligated to pay the Federal share of the costs
of the project under title 23, United States Code, during the
period beginning on the date of the enactment of this Act and
ending September 30, 1996;
(2) which is--
(A) for a route proposed for inclusion on or designated as
part of the National Highway System; or
(B) of regional significance (as determined by the
Secretary of Transportation); and
(3) with respect to which the District of Columbia certifies
that sufficient funds are not available to pay the non-Federal
share of the costs of the project.
SEC. 3. DEDICATED HIGHWAY FUND AND REPAYMENT OF TEMPORARY WAIVER
AMOUNTS.
(a) Establishment of Fund.--Not later than December 31, 1995, the
District of Columbia shall establish a dedicated highway fund to be
comprised, at a minimum, of amounts equivalent to receipts from motor
fuel taxes and, if necessary, motor vehicle taxes and fees collected by
the District of Columbia to pay in accordance with this section the
cost-sharing requirements established under title 23, United States
Code, and to repay the United States for increased Federal shares of
eligible projects paid pursuant to section 2(a). The fund shall be
separate from the general fund of the District of Columbia.
(b) Payment of Non-Federal Share.--For fiscal year 1997 and each
fiscal year thereafter, amounts in the fund shall be sufficient to pay,
at a minimum, the cost-sharing requirements established under title 23,
United States Code, for such fiscal year.
(c) Repayment Requirements.--
(1) Fiscal year 1996.--By September 30, 1996, the District of
Columbia shall pay to the United States from amounts in the fund
established under subsection (a), with respect to each project for
which an increased Federal share is paid in fiscal year 1995
pursuant to section 2(a), an amount equal to 50 percent of the
difference between--
(A) the amount of the costs of the project paid by the
United States in such fiscal year pursuant to section 2(a); and
(B) the amount of the costs of the project that would have
been paid by the United States but for section 2(a).
(2) Fiscal year 1997.--By September 30, 1997, the District of
Columbia shall pay to the United States from amounts in the fund
established under subsection (a), with respect to each project for
which an increased Federal share is paid in fiscal year 1995
pursuant to section 2(a) and with respect to each project for which
an increased Federal share is paid in fiscal year 1996 pursuant to
section 2(a), an amount equal to 50 percent of the difference
between--
(A) the amount of the costs of the project paid in such
fiscal year by the United States pursuant to section 2(a); and
(B) the amount of the costs of the project that would have
been paid by the United States but for section 2(a).
(3) Fiscal year 1998.--By September 30, 1998, the District of
Columbia shall pay to the United States from amounts in the fund
established under subsection (a), with respect to each project for
which an increased Federal share is paid in fiscal year 1996
pursuant to section 2(a), an amount equal to 50 percent of the
difference between--
(A) the amount of the costs of the project paid in such
fiscal year by the United States pursuant to section 2(a); and
(B) the amount of the costs of the project that would have
been paid by the United States but for section 2(a).
(4) Deposit of repaid funds.--Repayments made under paragraphs
(1), (2), and (3) with respect to a project shall be--
(A) deposited in the Highway Trust Fund established by
section 9503 of the Internal Revenue Code of 1986; and
(B) credited to the appropriate account of the District of
Columbia for the category of the project.
(d) Enforcement.--If the District of Columbia does not meet any
requirement established by subsection (a), (b), or (c) and applicable
in a fiscal year, the Secretary of Transportation shall not approve any
highway project in the District of Columbia under title 23, United
States Code, until the requirement is met.
(e) GAO Audit.--Not later than December 31, 1996, and each December
31 thereafter, the Comptroller General of the United States shall audit
the financial condition and the operations of the fund established
under this section and shall submit to Congress a report on the results
of such audit and on the financial condition and the results of the
operation of the fund during the preceding fiscal year and on the
expected condition and operations of the fund during the next 5 fiscal
years.
SEC. 4. ADDITIONAL REQUIREMENTS.
(a) Expeditious Processing and Execution of Contracts.--The
District of Columbia shall expeditiously process and execute contracts
to implement the Federal-aid highway program in the District of
Columbia.
(b) Revolving Fund Account.--The District of Columbia shall
establish an independent revolving fund account for Federal-aid highway
projects. The account shall be separate from the capital account of the
Department of Public Works of the District of Columbia and shall be
reserved for the prompt payment of contractors completing highway
projects in the District of Columbia under title 23, United States
Code.
(c) Highway Project Expertise and Resources.--The District of
Columbia shall ensure that necessary expertise and resources are
available for planning, design, and construction of Federal-aid highway
projects in the District of Columbia.
(d) Programmatic Reforms.--The Secretary of Transportation, in
consultation with the District of Columbia Financial Responsibility and
Management Assistance Authority, may require administrative and
programmatic reforms by the District of Columbia to ensure efficient
management of the Federal-aid highway program in the District of
Columbia.
(e) GAO Audit.--The Comptroller General of the United States shall
review implementation of the requirements of this section (including
requirements imposed under subsection (d)) and report to Congress on
the results of such review not later than July 1, 1996.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | District of Columbia Emergency Highway Relief Act - Requires the Federal share of the costs of certain highway projects within the District of Columbia during FY 1995 and 1996 to be up to 100 percent, as requested by the District. Includes as eligible a project for a route proposed for inclusion in, or designated as part of, the National Highway System or of regional significance for which the United States is or, before September 30, 1996, becomes obligated to pay the Federal share and with respect to which the District of Columbia certifies that sufficient funds are not available to pay the full non-Federal share of costs.
(Sec. 3) Requires the District, by December 31, 1995, to establish a dedicated highway fund (separate from its general fund) to pay the cost-sharing requirements under the Federal-aid highway program and to repay the increased Federal share of costs of eligible projects paid pursuant to this Act. Provides that such fund shall be comprised of receipts from motor fuel taxes and, if necessary, motor vehicle taxes and fees collected by the District. Requires the District to make repayments, by the end of each of FY 1996 through 1998, of the increased Federal share paid for such project or the Secretary of Transportation shall not approve any federal-aid highway project in the District.
Requires the Comptroller General to audit and report to the Congress each year on the financial condition and operations of the fund.
(Sec. 4) Requires the District to: (1) expeditiously process and execute contracts to implement the Federal-aid highway program in the District; (2) establish an independent revolving fund account for Federal-aid highway projects for the prompt payment of contractors completing Federal-aid highway projects in the District; and (3) ensure that necessary expertise and resources are available for planning, design, and construction of such projects. Authorizes the Secretary to require administrative and programmatic reforms by the District to ensure efficient management of the Federal-aid highway program in the District. Requires the Comptroller General to review and report to the Congress on the implementation of the requirements of this section. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fair Medical
Audits Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Transparency of audit process and audit report.
Sec. 3. Qualifications of auditors.
Sec. 4. Recoupments.
Sec. 5. Extrapolation.
Sec. 6. Payment for the provision of supporting documentation.
Sec. 7. Notice of over-utilization of codes.
Sec. 8. Change in look back period.
Sec. 9. General effective date.
SEC. 2. TRANSPARENCY OF AUDIT PROCESS AND AUDIT REPORT.
Section 1893(h)(1) of the Social Security Act (42 U.S.C.
1395ddd(h)(1)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) contractors shall be required to provide
healthcare providers with--
``(i) the names and contact information for
the auditors;
``(ii) the legal authority under which the
audit is conducted;
``(iii) a clear designation of the records
to be reviewed under the audit;
``(iv) the dates by which records shall be
submitted;
``(v) the address to which the records
shall be sent;
``(vi) identification of any errors
discovered in the audit, including
specification of all medical and reimbursement
policies used in the audit findings;
``(vii) identification of any underpayments
discovered in the audit; and
``(viii) a description of how any requested
overpayment amount was calculated, including,
in cases in which extrapolation was used, the
extrapolation formula and a description of how
the random sample was developed;''.
SEC. 3. QUALIFICATIONS OF AUDITORS.
Section 1893(h)(6) of the Social Security Act (42 U.S.C.
1395ddd)(h)(6)) is amended--
(1) in subparagraph (A), by inserting before the period at
the end the following: ``, including knowledge and experience
in applicable ICD, CPT, and HCPCS codes, the format and
contents of medical records and claims forms, and (for those
individuals conducting medical necessity reviews) licensure in
a clinical discipline providing necessary expertise to
determine whether clinical tests and procedures were medically
necessary without the benefit of examining the patient,
specifically including, for medical necessity reviews of
physician records, a doctor of medicine or osteopathy of the
same specialty and subspecialty and with knowledge of the
coverage rules being applied for the same area as the physician
under review''; and
(2) by adding at the end the following new subparagraphs:
``(D) Liability for excessive overturned
determinations.--Contractors that have a certain
percentage (as determined by the Secretary in
regulations) of overpayment determinations overturned
by an Administrative Law Judge at the Office of
Medicare Hearings and Appeals shall be subject to
administrative penalty established by the Secretary in
such regulations.
``(E) Provider compensation for certain contractor
errors.--A contractor shall be liable for payment to
providers of service and suppliers for reasonable
attorneys' fees when the contractor's overpayment
determination is equal to or more than double the final
overpayment amount determined by an Administrative Law
Judge at the Office of Medicare Hearings and Appeals.
``(F) Incentive payments for provider education.--
Administrative penalties collected under subparagraph
(D) shall be available to the Secretary without
appropriation to provide incentive payments to Medicare
administrative contractors under section 1874A to carry
out improper payment outreach and education programs
under subsection (h) of such section.''.
SEC. 4. RECOUPMENTS.
(a) In General.--Section 1893(f)(2)(A) of the Social Security Act
(42 U.S.C. 1395ddd(f)(2)(A)) is amended--
(1) by striking ``until the date the decision on the
reconsideration has been rendered.'' and inserting the
following: ``until the date a decision has been rendered at the
third level of appeal by an Administrative Law Judge at the
Office of Medicare Hearings and Appeals.''; and
(2) by adding at the end the following: ``Any recoupments
made under this subparagraph based on a decision that is
subsequently reversed on appeal shall be returned to the
provider of services or supplier involved not later than 30
business days after the date of the decision of reversal on
appeal.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to recoupments occurring after the date of the enactment of this
Act.
SEC. 5. EXTRAPOLATION.
(a) In General.--Section 1893(f)(3) of the Social Security Act (42
U.S.C. 1395ddd(f)(3)) is amended--
(1) by striking the last sentence; and
(2) by adding after and below subparagraph (B) the
following:
``Extrapolation may only be used if it is based on a
statistically valid, stratified random sample, with all zero
paid claims and outliers removed. When extrapolation is used,
the median amount shall be used as the central data point for
calculating overpayments unless the data are normally
distributed, approximately normally distributed, or
symmetrical.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to determinations made after the date of the enactment of this
Act.
SEC. 6. PAYMENT FOR THE PROVISION OF SUPPORTING DOCUMENTATION.
Section 1893(f)(4) of the Social Security Act (42 U.S.C.
1395ddd(f)(4)) is amended by adding at the end the following: ``The
Secretary shall require that contractors reimburse providers of
services or suppliers for the cost of such production at rates
established by the Secretary.''.
SEC. 7. NOTICE OF OVER-UTILIZATION OF CODES.
Section 1893(f)(6) of the Social Security Act (42 U.S.C.
1395ddd(f)(6)) is amended by adding at the end the following: ``The
Secretary shall require that contractors provide such notice of over-
utilization of codes at least 90 days before the date of initiating an
audit, documentation request, or recoupment with respect to the
identified over-utilized codes against any member of the class of
providers of services or suppliers identified by the contractor as
over-utilizing codes.''.
SEC. 8. CHANGE IN LOOK BACK PERIOD.
Section 1893(h)(4)(B) of the Social Security Act (42 U.S.C.
1395ddd(h)(4)(B)) is amended by striking ``4 fiscal years'' and
inserting ``2 fiscal years''.
SEC. 9. GENERAL EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to contracts entered into, or renewed, after the
date of the enactment of this Act. | Fair Medical Audits Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to modify requirements related to the identification and recovery of overpayments under Medicare. A contract between the the Centers for Medicare & Medicaid Services (CMS) and a recovery audit contractor must require the contractor to provide a health care provider with: (1) specified identifying, legal, and logistical information; (2) an identification of any errors or underpayments discovered in the audit; and (3) a description of how any requested overpayment amount was calculated. Standards for extrapolation when used to determine overpayment amounts are established. CMS must require a contractor to give a provider at least 90 days' notice of identified code over-utilization and to reimburse a provider for the cost of producing certain documentation. The retrospective audit period is limited to two (rather than four) years. Recovery audit contractors must have staff with knowledge and experience related to clinical licensure and medical records, claims, and codes. A contractor that has excessive overturned determinations shall be subject to administrative penalty and, under specified circumstances, liable for attorneys' fees. In the case of a provider seeking reconsideration of an overpayment determination, CMS may not recoup the overpayment until a decision has been rendered at the third level of appeal by an Administrative Law Judge. A recoupment based on a decision that is reversed on appeal must be returned to the provider within 30 days. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Train Control Enforcement
and Implementation Act of 2015''.
SEC. 2. ENSURING SAFE IMPLEMENTATION OF POSITIVE TRAIN CONTROL ON
POISONOUS OR TOXIC-BY-INHALATION AND PASSENGER RAIL
LINES.
Section 20157 of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``18 months after the date of
enactment of the Rail Safety Improvement Act of 2008''
and inserting ``60 days after the date of enactment of
the Positive Train Control Enforcement and
Implementation Act of 2015'';
(B) by striking ``develop'' and inserting
``revise'';
(C) by striking ``December 31, 2015'' and inserting
``December 31, 2018, or the deadline determined
appropriate by the Secretary pursuant to paragraph
(2)''; and
(D) in subparagraph (B) by striking ``parts'' and
inserting ``sections'';
(2) by striking subsection (a)(2) and inserting the
following:
``(2) Authority to extend deadline.--
``(A) The Secretary may extend the deadline
described in paragraph (1) of this subsection,
applicable to each carrier or entity required to submit
a plan under paragraph (1), for a period not to exceed
12 months if such a carrier or entity demonstrates to
the satisfaction of the Secretary that such carrier or
entity--
``(i) will not be able to implement a
positive train control system by the deadline
described in paragraph (1) due to technical,
programmatic, or operational challenges, such
as availability of public funding, spectrum,
technology, and interoperability standards;
``(ii) has taken actions to address such
challenges and mitigate risks to successful
implementation of a positive train control
system; and
``(iii) has made good faith efforts to
implement the plan described in paragraph (1).
``(B)(i) The Secretary may grant an additional one-
time extension of the deadline described in paragraph
(1), applicable to each carrier or entity required to
submit a plan under paragraph (1), not to exceed 12
months, if such a carrier or entity, or a group
thereof, is not able to fully implement a positive
train control system on or before the date that is the
last day of the extension granted under subparagraph
(A), and such carrier or entity--
``(I) demonstrates to the satisfaction of
the Secretary that implementing a positive
train control system was delayed due to 1 or
more circumstances beyond the control of the
carrier or entity, such as a delay in Federal
approval of a plan, testing, or certification;
or
``(II) demonstrates to the satisfaction of
the Secretary--
``(aa) that such carrier or entity
will not be able to implement a
positive train control system by the
deadline described in paragraph (1) due
to technical, programmatic, or
operational challenges;
``(bb) due diligence in its efforts
to fully implement a positive train
control system; and
``(cc) that substantial progress
has been made in deploying positive
train control, to the extent feasible.
``(ii) A demonstrating carrier or entity under
clause (i) must certify to the Secretary in writing
that such carrier or entity will be in full compliance
with the requirements of this section on or before the
date that is the last date of the extension granted
under clause (i).
``(3) Implementation.--
``(A) The revised plan shall--
``(i) describe how the railroad carrier or
entity will provide for interoperability of the
system with movements of trains of other
railroad carriers or entities over its lines;
``(ii) to the extent practical, provide for
implementation of the system in a manner that
addresses areas of greater risk before areas of
lesser risk;
``(iii) comply with this section and
subpart I of part 236 of title 49, Code of
Federal Regulations; and
``(iv) include a detailed schedule and
sequence for fully implementing a positive
train control system in accordance with this
section and such regulations.
``(B) The railroad carrier shall implement a
positive train control system in accordance with such
plan.'';
(3) by striking subsections (c) and (d) and inserting the
following:
``(c) Progress Reports.--Not later than January 1, 2017, and
annually thereafter until full implementation of positive train control
systems has been completed, each railroad carrier or entity required to
revise and transmit a plan under subsection (a) shall submit to the
Secretary a report on the progress of such carrier or entity toward
implementing positive train control systems.
``(d) Reports.--
``(1) Congressional notification.--Not later than April 1,
2018, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the progress of the
railroad carriers in implementing positive train control
systems.
``(2) Public availability.--The Secretary shall make
available to the public on the Department of Transportation's
Internet Web site each progress report submitted pursuant to
paragraph (1) and subsection (c).''; and
(4) in subsection (h)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Provisional operation.--In lieu of the requirements
of paragraph (1), the Secretary may authorize a railroad
carrier or other entity to commence operation in revenue
service of a positive train control system or component to the
extent necessary to enable the safe implementation of positive
train control systems in phases.''. | Positive Train Control Enforcement and Implementation Act of 2015 This bill extends deadlines and modifies requirements for railroad carriers and providers of intercity or commuter rail passenger transportation to implement positive train control (PTC) systems. (A PTC system is a communications and signaling system designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position. Railroads which carry passengers or have high-volume freight traffic with certain hazardous materials are required to implement a PTC system.) Within 60 days of enactment of this bill, each Class I railroad carrier (the largest operators by revenue) and provider of intercity or commuter rail passenger transportation must submit to the Department of Transportation (DOT) a plan for implementing PTC by December 31, 2018, instead of the December 31, 2015, deadline required under current law. DOT may extend the deadline if specified requirements are met. The revised plan must include a detailed schedule and sequence for fully implementing PTC in a manner that complies with specified regulations, and railroads must implement PTC in accordance with the plan. DOT may authorize a railroad carrier or other entity to begin the provisional operation of a PTC system without the required certification if it is necessary to enable the safe implementation of PTC in phases. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities of Color Teenage
Pregnancy Prevention Act of 2010''.
SEC. 2. PURPOSE.
It is the purpose of this Act to develop and carry out research and
demonstration projects on new and existing program interventions to
provide youth in racial or ethnic minority or immigrant communities the
information and skills needed to reduce teenage pregnancies, build
healthy relationships, and improve overall health and well-being.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Teenage pregnancy is one of the most critical issues
facing the Nation today. The United States has the highest
teenage pregnancy rate of any developed nation, with nearly
750,000 teenage girls (ages 15 to 19) becoming pregnant each
year, and 80 percent of those pregnancies unplanned.
(2) Nationally, teenage pregnancy has significant fiscal
implications, costing taxpayers at least $9,100,000,000
annually.
(3) Communities of color disproportionately suffer from
teenage pregnancy. Fifty-two percent of Latinas and 50 percent
of African-American girls will become pregnant at least once
before they turn 20. In comparison, only 19 percent of non-
Hispanic white teenage girls under the age of 20 become
pregnant.
(4) Between 2005 and 2006, the teen pregnancy rate
increased for every racial/ethnic subgroup. Hispanic teens
continue to have the highest rates of both teen pregnancy and
birth.
(5) Research shows that starting a family too soon may have
significant social, educational, and financial impacts on the
lives of young people. Less than half of teenage mothers finish
high school and less than 2 percent go on to finish college,
making it difficult to find and maintain a job.
(6) New research shows that teenage dating violence and
abuse are serious public health problems and are associated
with higher levels of teenage pregnancy and unplanned
pregnancy. Studies show that 1 in 5 teenage girls in the United
States report having experienced physical or sexual intimate
partner violence.
(7) Promoting and building healthy relationships are
fundamental to prevent teenage pregnancies and unplanned
pregnancies.
SEC. 4. DEMONSTRATION GRANTS TO REDUCE TEENAGE PREGNANCIES.
(a) In General.--The Secretary shall award competitive grants to
eligible entities for new and existing program interventions to provide
youth in racial or ethnic minority or immigrant communities the
information and skills needed to reduce teenage pregnancies and develop
healthy relationships.
(b) Priority.--In awarding grants under this section, the Secretary
shall give priority to applicants proposing to carry out projects in
racial or ethnic minority or immigrant communities.
(c) Project Settings.--Funds received under this section may be
used to provide information and skills as described in subsection (a)--
(1) through classroom-based settings, such as school health
education or family and consumer science education; after-
school programs; community-based programs; workforce
development programs; and health clinics; or
(2) in collaboration with systems that serve large numbers
of at-risk youth such as juvenile justice or foster care
systems.
(d) Project Requirements.--As a condition on receipt of a grant
under this section, an entity shall agree that information and skills
provided through the grant will be--
(1) age-appropriate;
(2) evidence-based;
(3) provided in accordance with section 7(b); and
(4) culturally sensitive and relevant to the target
population
(e) Evaluation.--Of the total amount made available to carry out
this section for a fiscal year, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall use
10 percent of such amount to carry out a rigorous, independent
evaluation to determine the extent and the effectiveness of activities
funded through this section in changing attitudes and behavior.
(f) Definition.--In this section, the term ``eligible entity''
means a State, local, or tribal agency; a school or postsecondary
institution; an after-school program; a nonprofit coalition; a
community or faith-based organization; or any other entity determined
appropriate by the Secretary.
SEC. 5. MULTIMEDIA CAMPAIGNS TO REDUCE TEENAGE PREGNANCIES.
(a) In General.--The Secretary shall award competitive grants to
carry out multimedia campaigns to provide public education and increase
public awareness regarding teenage pregnancy and related social and
emotional issues.
(b) Priority.--In awarding grants under this section, the Secretary
shall give priority to applicants proposing to carry out campaigns
developed for racial or ethnic minority or immigrant communities.
(c) Information To Be Provided.--As a condition on receipt of a
grant under this section, an entity shall agree to use the grant to
carry out multimedia campaigns described in subsection (a) that--
(1) at a minimum, shall provide information on--
(A) the prevention of teenage pregnancy; and
(B) healthy relationship development; and
(2) may provide information on the prevention of dating
violence.
SEC. 6. RESEARCH ON REDUCING TEENAGE PREGNANCIES.
(a) Purpose.--The purpose of this section is to provide for the
conduct, support, or coordination of research among culturally and
linguistically specific communities, including projects that--
(1) examine factors that contribute to disproportionately
high rates of teenage and unintended pregnancy or sexual abuse
in such communities;
(2) explore research-based strategies for addressing high
rates of teenage pregnancy and unintended pregnancies through
programs that emphasize healthy relationships; and
(3) study the role which violence and abuse play in the
decisions made by young people about relationships, sex,
pregnancy, and childbearing.
(b) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall make grants to public
and private entities to conduct, support, or coordinate research that--
(1) investigates the incidence and prevalence of teenage
pregnancy and births in racial and ethnic minority or immigrant
communities;
(2) examines--
(A) the relationships between teenage pregnancy or
dating abuse and one or more of--
(i) the mental and physical health and
well-being of teenagers in such communities;
(ii) the scholastic achievement of such
teenagers, including with respect to school
completion;
(iii) family communication; and
(iv) exposure to violence, sexual abuse,
pregnancy coercion, and birth control sabotage;
(B) effective interventions to reduce pregnancy
coercion and birth control sabotage;
(C) the variance in the rates of teenage pregnancy
by--
(i) location (such as inner cities, inner
suburbs, outer suburbs, and rural areas);
(ii) population subgroup (such as Hispanic,
Asian, African-American, Pacific Islander,
American Indian, and Alaskan Native);
(iii) level of acculturation; or
(iv) socioeconomic status (such as income,
educational attainment of the parents of the
teenager, and school attendance of the
teenager);
(D) the importance of the physical and social
environment as a factor in placing communities at risk
of increased rates of teenage pregnancy or dating
violence abuse; and
(E) the importance of aspirations and motivations
as factors affecting young people's risk of teenage
pregnancy or dating abuse;
(3) improves data collection on--
(A) sexual and reproductive health, including
teenage pregnancies and births, among all minority
communities and subpopulations, with an emphasis on
American Indian and Alaska Native youth;
(B) sexual behavior, sexual or reproductive
coercion, birth control sabotage, and teenage
contraceptive use patterns at the State level; or
(C) teenage pregnancies among youth in and aging
out of foster care or juvenile justice systems;
(4) examines underlying factors that lead to teenage
pregnancy among youth in foster care or juvenile justice
systems;
(5) identifies strategies to address the disproportionate
rates of teenage and unintended pregnancies and dating violence
in racial or ethnic minority or immigrant communities;
(6) examines the effectiveness of media campaigns
addressing healthy relationship development, dating violence
prevention, and teenage pregnancy; or
(7) examines how effective interventions can be replicated
or adapted in other settings to serve racial or ethnic minority
or immigrant communities.
(c) Priority.--In carrying out this section, the Secretary shall
give priority to research that incorporates--
(1) interdisciplinary approaches; or
(2) a strong emphasis on community-based participatory
research.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Applications.--To seek a grant under this Act, an entity shall
submit an application to the Secretary in such form, in such manner,
and containing such agreements, assurances, and information as the
Secretary may require.
(b) Additional Requirements.--A grant may be made under this Act
only if the applicant involved agrees that information, activities, and
services under the grant--
(1) will be evidence-based;
(2) will be factually and medically accurate and complete;
and
(3) if directed to a particular population group, will be
provided in an appropriate language and cultural context.
(c) Training and Technical Assistance.--
(1) In general.--Of the total amount made available to
carry out this Act for a fiscal year, the Secretary shall use
10 percent to provide, directly or through a competitive grant
process, training and technical assistance to the grant
recipients under this section, including by disseminating
research and information regarding effective and promising
practices, providing consultation and resources on a broad
array of teenage and unintended pregnancy and violence
prevention strategies, and developing resources and materials.
(2) Collaboration.--In carrying out this subsection, the
Secretary shall collaborate with a variety of entities that
have expertise in the prevention of teenage pregnancy, healthy
relationship development, and violence prevention.
SEC. 8. DEFINITIONS.
In this Act:
(1) Medically accurate and complete.--The term ``medically
accurate and complete'' means verified or supported by the
weight of research conducted in compliance with accepted
scientific methods and--
(A) published in peer-reviewed journals, where
applicable; or
(B) comprising information that leading
professional organizations and agencies with relevant
expertise in the field recognize as accurate,
objective, and complete.
(2) Racial or ethnic minority or immigrant communities.--
The term ``racial or ethnic minority or immigrant communities''
means communities with a substantial number of residents who
are members of racial or ethnic minority groups or who are
immigrants.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Youth.--The term ``youth'' means individuals who are 11
to 19 years of age.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to carry out section 4, $45,000,000 for each of fiscal
years 2011 through 2015;
(2) to carry out section 5, $5,000,000 for each of fiscal
years 2011 through 2015; and
(3) to carry out section 6, $10,000,000 for each of fiscal
years 2011 through 2015. | Communities of Color Teenage Pregnancy Prevention Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to award competitive grants to eligible entities for new and existing program interventions to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies and develop healthy relationships.
Directs the Secretary to award competitive grants to carry out multimedia campaigns to provide public education and increase public awareness regarding teenage pregnancy and related social and emotional issues.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants for research on teenage pregnancy that includes: (1) investigating the incidence and prevalence of teenage pregnancy and births in racial and ethnic minority or immigrant communities; and (2) examining factors that lead to teenage pregnancy among youth in foster care or juvenile justice systems. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child Support
Reform Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--NATIONAL CHILD SUPPORT GUIDELINES COMMISSION
Sec. 101. National Child Support Guidelines Commission.
TITLE II--CENTRALIZED CHILD SUPPORT ENFORCEMENT
Sec. 201. Establishment of the Office of the Assistant Commissioner for
Centralized Child Support Enforcement.
Sec. 202. Use of Federal Case Registry of Child Support Orders and
National Directory of New Hires.
Sec. 203. Division of Enforcement.
Sec. 204. State plan requirements.
Sec. 205. Definitions.
TITLE III--EFFECTIVE DATES
Sec. 301. Effective dates.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) an increasing number of children are raised in families
with only one parent present, usually the mother, and these
families are 5 times as likely to be poor as 2-parent families;
(2) the failure of noncustodial parents to pay their fair
share of child support is a major contributor to poverty among
single-parent families;
(3) in 1990, there was a $33,700,000,000 gap between the
amount of child support that was received and the amount that
could have been collected;
(4) in 1991, the aggregate child support income deficit was
$5,800,000,000;
(5) as of spring 1992, only 54 percent, or 6,200,000, of
custodial parents received awards of child support, and of the
6,200,000 custodial parents awarded child support, 5,300,000
were supposed to receive child support payments in 1991;
(6) of the custodial parents described in paragraph (5),
approximately \1/2\ of the parents due child support received
full payment and the remaining \1/2\ were divided equally
between those receiving partial payment (24 percent) and those
receiving nothing (25 percent);
(7) as a result of the situation described in paragraphs
(5) and (6), increasing numbers of families are turning to the
child support program established under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.) for assistance,
accounting for an over 40 percent increase in the caseload
under that program during the 1991 to 1995 period;
(8) during the 1991 to 1995 period, the percentage of cases
under the title IV-D child support program in which a
collection was made declined from 19.3 percent to 18.9 percent;
(9) the Internal Revenue Service has improved its
performance in making collections in cases referred to it by
the title IV-D child support program, moving from successfully
intercepting Federal income tax refunds in 992,000 cases in
1992 to successfully intercepting Federal income tax refunds in
1,200,000 cases in 1996;
(10) in cases under the title IV-D child support program in
which a collection is made, approximately \1/3\ of such cases
are cases where some or all of the collection is a result of a
Federal tax refund intercept;
(11) in 1995, the average amount collected for families in
which the Internal Revenue Service made a collection through
the Federal tax refund intercept method was $827 for families
receiving Aid to Families with Dependent Children and $847 for
other families; and
(12) State-by-State child support guidelines have resulted
in orders that vary significantly from State to State,
resulting in low awards and inequities for children.
(b) Purpose.--It is the purpose of this Act to--
(1) provide for the review of various State child support
guidelines to determine how custodial parents and children are
served by such guidelines;
(2) increase the economic security of children, improve the
enforcement of child support awards through a more centralized,
efficient system; and
(3) improve the enforcement of child support orders by
placing responsibility for enforcement in the Internal Revenue
Service.
TITLE I--NATIONAL CHILD SUPPORT GUIDELINES COMMISSION
SEC. 101. NATIONAL CHILD SUPPORT GUIDELINES COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``National Child Support Guidelines Commission'' (in this
section referred to as the ``Commission'').
(b) General Duties.--The Commission shall study and evaluate the
various child support guidelines currently in use by the States,
identify the benefits and deficiencies of such guidelines in providing
adequate support for children, and recommend any needed improvements.
(c) Matters for Consideration by the Commission.--In making the
recommendations concerning guidelines required under subsection (b),
the Commission shall consider--
(1) matters generally applicable to all support orders,
including--
(A) the relationship between the guideline amounts
and the actual costs of raising children; and
(B) how to define income and under what
circumstances income should be imputed;
(2) the appropriate treatment of cases in which either or
both parents have financial obligations to more than 1 family,
including the effect (if any) to be given to--
(A) the income of either parent's spouse; and
(B) the financial responsibilities of either parent
for other children or stepchildren;
(3) the appropriate treatment of expenses for child care
(including care of the children of either parent, and work-
related or job-training-related child care);
(4) the appropriate treatment of expenses for health care
(including uninsured health care) and other extraordinary
expenses for children with special needs;
(5) the appropriate duration of support by 1 or both
parents, including--
(A) support (including shared support) for post-
secondary or vocational education; and
(B) support for disabled adult children;
(6) procedures to automatically adjust child support orders
periodically to address changed economic circumstances,
including changes in the consumer price index or either
parent's income and expenses in particular cases; and
(7) whether, or to what extent, support levels should be
adjusted in cases in which custody is shared or in which the
noncustodial parent has extended visitation rights.
(d) Membership.--
(1) Number; appointment.--
(A) In general.--The Commission shall be composed
of 12 individuals appointed jointly by the Secretary of
Health and Human Services and the Congress, not later
than January 15, 1998, of which--
(i) 2 shall be appointed by the Chairman of
the Committee on Finance of the Senate, and 1
shall be appointed by the ranking minority
member of the Committee;
(ii) 2 shall be appointed by the Chairman
of the Committee on Ways and Means of the House
of Representatives, and 1 shall be appointed by
the ranking minority member of the Committee;
and
(iii) 6 shall be appointed by the Secretary
of Health and Human Services.
(B) Qualifications of members.--Members of the
Commission shall have expertise and experience in the
evaluation and development of child support guidelines.
At least 1 member shall represent advocacy groups for
custodial parents, at least 1 member shall represent
advocacy groups for noncustodial parents, and at least
1 member shall be the director of a State program under
part D of title IV of the Social Security Act.
(2) Terms of office.--Each member shall be appointed for a
term of 2 years. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Commission Powers, Compensation, Access to Information, and
Supervision.--The first sentence of subparagraph (C), the first and
third sentences of subparagraph (D), subparagraph (F) (except with
respect to the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section 1886(e)(6) of the
Social Security Act shall apply to the Commission in the same manner in
which such provisions apply to the Prospective Payment Assessment
Commission.
(f) Report.--Not later than 2 years after the appointment of
members, the Commission shall submit to the President, the Committee on
Ways and Means of the House of Representatives, and the Committee on
Finance of the Senate, a final assessment of how States, through
various child support guideline models, are serving custodial parents
and children.
(g) Termination.--The Commission shall terminate 6 months after the
submission of the report described in subsection (e).
TITLE II--CENTRALIZED CHILD SUPPORT ENFORCEMENT
SEC. 201. ESTABLISHMENT OF THE OFFICE OF THE ASSISTANT COMMISSIONER FOR
CENTRALIZED CHILD SUPPORT ENFORCEMENT.
(a) In General.--For purposes of locating absent parents and
facilitating the enforcement of child support obligations, the
Secretary of the Treasury shall establish within the Internal Revenue
Service an Office of the Assistant Commissioner for Centralized Child
Support Enforcement which shall establish not later than October 1,
1997, a Division of Enforcement for the purpose of carrying out the
duties described in section 203.
(b) Coordination.--The Secretary of the Treasury, in consultation
with the Secretary of Health and Human Services shall issue regulations
for the coordination of activities among the Office of the Assistant
Commissioner for Centralized Child Support Enforcement, the Assistant
Secretary for Children and Families, and the States, to facilitate the
purposes of this title.
SEC. 202. USE OF FEDERAL CASE REGISTRY OF CHILD SUPPORT ORDERS AND
NATIONAL DIRECTORY OF NEW HIRES.
Section 453(j)(2) of the Social Security Act (42 U.S.C. 653(j)(2))
is amended to read as follows:
``(2) Information comparisons.--
``(A) In general.--For the purpose of locating
individuals in a paternity establishment case or a case
involving the establishment, modification, or
enforcement of a support order, the Secretary shall--
``(i) compare information in the National
Directory of New Hires against information in
the support case abstracts in the Federal Case
Registry of Child Support Orders not less often
than every 2 business days; and
``(ii) within 2 business days after such a
comparison reveals a match with respect to an
individual, report the information to the
Division of Enforcement for centralized
enforcement.
``(B) Cases referred to division of enforcement.--
If a case is referred to the Division of Enforcement by
the Secretary under subparagraph (A)(ii), the Division
of Enforcement shall--
``(i) notify the custodial and noncustodial
parents of such referral,
``(ii) direct the employer to remit all
child support payments to the Internal Revenue
Service;
``(iii) receive all child support payments
made pursuant to the case;
``(iv) record such payments; and
``(v) promptly disburse the funds--
``(I) if there is an assignment of
rights under section 408(a)(3), in
accordance with section 457, and
``(II) in all other cases, to the
custodial parent.''.
SEC. 203. DIVISION OF ENFORCEMENT.
(a) In General.--With respect to the Division of Enforcement, the
duties described in this section are as follows:
(1) Enforce all child support orders referred to the
Division of Enforcement--
(A) under section 453(j)(2)(A)(ii) of the Social
Security Act (42 U.S.C. 653(j)(2)(A)(ii));
(B) by the State in accordance with section 454(35)
of such Act (42 U.S.C. 654(35)); and
(C) under section 452(b) of such Act (42 U.S.C.
652(b)).
(2) Enforce a child support order in accordance with the
terms of the abstract contained in the Federal Case Registry of
Child Support Orders or the modified terms of such an order
upon notification of such modifications by the Secretary of
Health and Human Services.
(3) Enforce medical support provisions of any child support
order using any means available under State or Federal law.
(4) Receive and process requests for a Federal income tax
refund intercept made in accordance with section 464 of the
Social Security Act (42 U.S.C. 664).
(b) Failure To Pay Amount Owing.--With respect to any child support
order being enforced by the Division of Enforcement, if an individual
fails to pay the full amount required to be paid on or before the due
date for such payment, the Office of the Assistant Commissioner for
Centralized Child Support Enforcement, through the Division of
Enforcement, may assess and collect the unpaid amount in the same
manner, with the same powers, and subject to the same limitations
applicable to a tax imposed by subtitle C of the Internal Revenue Code
of 1986 the collection of which would be jeopardized by delay.
(c) Use of Federal Courts.--The Office of the Assistant
Commissioner for Centralized Child Support Enforcement, through the
Division of Enforcement, may utilize the courts of the United States to
enforce child support orders against absent parents upon a finding
that--
(1) the order is being enforced by the Division of
Enforcement; and
(2) utilization of such courts is a reasonable method of
enforcing the child support order.
(d) Conforming Amendments.--
(1) Section 452(a)(8) (42 U.S.C. 652(a)(8)) is repealed.
(2) Section 452(c) (42 U.S.C. 652(c)) is repealed.
SEC. 204. STATE PLAN REQUIREMENTS.
(a) In General.--Section 454 of the Social Security Act (42 U.S.C.
654) is amended by striking ``and'' at the end of paragraph (32), by
striking the period at the end of paragraph (33) and inserting ``;
and'', and by inserting after paragraph (33) the following new
paragraph:
``(34) provide that the State will cooperate with the
Office of the Assistant Commissioner for Centralized Child
Support Enforcement to facilitate the exchange of information
regarding child support cases and the enforcement of orders by
the Commissioner.''.
(b) Conforming Amendment.--Section 455(b) of the Social Security
Act (42 U.S.C. 655(b)) is amended by striking ``454(34)'' and inserting
``454(33)''.
SEC. 205. DEFINITIONS.
Any term used in this title which is also used in part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.) shall have the
meaning given such term by such part.
TITLE III--EFFECTIVE DATES
SEC. 301. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act or
subsection (b), the amendments made by this Act take effect on the date
of enactment of this Act.
(b) Special Rule.--In the case of a State that the Secretary of
Health and Human Services determines requires State legislation (other
than legislation appropriating funds) in order to meet the additional
requirements imposed by the amendments made by this Act, the State
shall not be regarded as failing to comply with the requirements of
such amendments before the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act. For
purposes of this subsection, in the case of a State that has a 2-year
legislative session, each year of the session shall be treated as a
separate regular session of the State legislature. | TABLE OF CONTENTS:
Title I: National Child Support Guidelines Commission
Title II: Centralized Child Support Enforcement
Title III: Effective Dates
Child Support Reform Act of 1997 -
Title I: National Child Support Guidelines Commission
- Establishes the National Child Support Guidelines Commission to study and evaluate various child support guidelines used by the States, identify their benefits and deficiencies, and recommend improvements. Prescribes matters for Commission consideration. Requires the Commission to submit a final assessment to the Congress and the President on how State child support guideline models are serving custodial parents and children.
Title II: Centralized Child Support Enforcement
- Directs the Secretary of the Treasury to: (1) establish an Office of the Assistant Commissioner for Centralized Child Support Enforcement in the Internal Revenue Service to locate absent parents, facilitate enforcement of child support obligations, and establish a Division of Enforcement by October 1, 1997; and (2) promulgate regulations for the coordination of activities among the Office of the Assistant Commissioner for Centralized Child Support Enforcement, the Assistant Secretary for Children and Families of the Department of Health and Human Services, and the States.
(Sec. 202) Amends the Social Security Act with respect to the Federal Parent Locator Service to direct the Secretary of Health and Human Services to: (1) compare information in the National Directory of New Hires against information in the support case abstracts in the Federal Case Registry of Child Support Orders at least every two business days; and (2) report matches of the two files within two business days to the Division of Enforcement for centralized enforcement.
(Sec. 203) Prescribes Division of Enforcement duties.
Authorizes the Office of the Assistant Commissioner for Centralized Child Support Enforcement, through the Division of Enforcement, to assess and collect unpaid arrearages under the same enforcement guidelines as pertain to a tax imposed under the Internal Revenue Code whose collection would be jeopardized by delay. Authorizes use of the Federal courts for such enforcement.
(Sec. 204) Requires State plans for child and spousal support to provide for State cooperation with the Office of the Assistant Commissioner for Centralized Child Support Enforcement to facilitate information exchange regarding child support cases and the enforcement of orders by the Commissioner.
Title III: Effective Dates
- Sets forth the effective dates for this Act. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Export-Import Bank
Reauthorization Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of authority.
Sec. 3. Information technology systems.
Sec. 4. Sub-Saharan Africa advisory committee.
Sec. 5. Limitations on loans, guarantees, and insurance.
Sec. 6. Dual-use exports.
Sec. 7. Exposure limit business plan.
Sec. 8. Government Accountability Office study on medium-term financing
programs.
SEC. 2. EXTENSION OF AUTHORITY.
Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is
amended by striking ``2014'' and inserting ``2019''.
SEC. 3. INFORMATION TECHNOLOGY SYSTEMS.
Section 3(j) of the Export-Import Bank Act of 1945 (12 U.S.C
635a(j)) is amended by striking ``2012, 2013, and 2014'' each place it
appears and inserting ``2015, 2016, 2017, 2018, and 2019''.
SEC. 4. SUB-SAHARAN AFRICA ADVISORY COMMITTEE.
Section 2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(9)(B)(iii)) is amended by striking ``2014'' and inserting
``2019''.
SEC. 5. LIMITATIONS ON LOANS, GUARANTEES, AND INSURANCE.
Section 6(a)(2) of the Export-Import Bank Act of 1945 (12 U.S.C.
635e(a)(2)) is amended--
(1) by striking subparagraphs (A) through (E);
(2) by redesignating subparagraph (F) as subparagraph (A);
(3) in subparagraph (A), as redesignated by paragraph (2)--
(A) in the matter preceding clause (i), by striking
``fiscal year 2012 and each succeeding fiscal year''
and inserting ``fiscal years 2012, 2013, and 2014'';
and
(B) in clause (ii)(III), by striking the period at
the end and inserting ``; and''; and
(4) by adding at the end the following:
``(B) during fiscal year 2015 and each fiscal year
thereafter, $145,000,000,000, except that--
``(i) the applicable amount for fiscal year
2016 shall be $150,000,000,000 if--
``(I) the Bank submitted the report
required by section 7(a) of the Export-
Import Bank Reauthorization Act of
2014;
``(II) the Secretary of the
Treasury submitted the report required
to be submitted during the preceding
fiscal year under section 11(b) of the
Export-Import Bank Reauthorization Act
of 2012 (12 U.S.C. 635a-5(b)); and
``(III) the rate calculated under
section 8(g)(1) of this Act is less
than 2 percent for the quarter ending
with the beginning of the fiscal year,
or for any quarter in the fiscal year;
and
``(ii) the applicable amount for fiscal
year 2017 shall be $155,000,000,000, and the
applicable amount for fiscal year 2018 and each
fiscal year thereafter shall be
$160,000,000,000, if--
``(I) the Secretary of the Treasury
submitted the report required to be
submitted during the preceding fiscal
year under section 11(b) of the Export-
Import Bank Reauthorization Act of 2012
(12 U.S.C. 635a-5(b)); and
``(II) the rate calculated under
section 8(g)(1) of this Act is less
than 2 percent for the quarter ending
with the beginning of the fiscal year,
or for any quarter in the fiscal
year.''.
SEC. 6. DUAL-USE EXPORTS.
Section 1(c) of Public Law 103-428 (12 U.S.C. 635 note) is amended
by striking ``2014'' and inserting ``2019''.
SEC. 7. EXPOSURE LIMIT BUSINESS PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Export-Import Bank of the United States
shall submit to Congress and the Comptroller General of the United
States a report that contains the following:
(1) A business plan that includes--
(A) an estimate by the Bank of the appropriate
exposure limits of the Bank for fiscal years 2015
through 2019;
(B) a justification for the estimate; and
(C) an estimate of any anticipated growth of the
Bank during fiscal years 2015 through 2019,
disaggregated by--
(i) industry sector;
(ii) whether the products involved are
short-term loans, medium-term loans, long-term
loans, insurance, medium-term guarantees, or
long-term guarantees; and
(iii) key market.
(2) An analysis of the potential for increased or decreased
risk of loss to the Bank as a result of the estimated exposure
limit, including an analysis of increased or decreased risks
associated with changes in the composition of Bank exposure,
disaggregated by industry sector, product offered, and key
market.
(3) An analysis of the ability of the Bank to meet its
mandates with respect to small business and sub-Saharan Africa
and comply with its carbon policy mandate under the proposed
exposure limit, and an analysis of any increased or decreased
risk of loss associated with meeting or complying with the
mandates under the proposed exposure limit.
(4) An analysis of the adequacy of the resources of the
Bank to effectively process, approve, and monitor
authorizations, including the conducting of required economic
impact analyses, under the proposed exposure limit.
(b) Review of Report and Business Plan by Government Accountability
Office.--Not later than 180 days after receiving the report and
business plan submitted under subsection (a), the Comptroller General
of the United States shall submit to Congress a report analyzing the
report and business plan. The report of the Comptroller General shall
include such recommendations with respect to the report and business
plan as the Comptroller General considers appropriate.
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON MEDIUM-TERM FINANCING
PROGRAMS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the medium-term financing programs of the Export-
Import Bank of the United States--
(1) to identify practices that may pose risks to the
taxpayer, the soundness of such programs, or compliance with
Bank policies;
(2) to identify practices that may limit the use of such
programs by businesses qualified for such programs; and
(3) to assess any steps the Bank has taken to address
practices identified under paragraph (1) or (2).
(b) Consideration of Past Findings.--In conducting the study
required by subsection (a), the Comptroller General shall consider past
findings by the Inspector General of the Export-Import Bank of the
United States on the matters covered by the study.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives a
report on the results of the study required by subsection (a). The
report shall include such recommendations for additional action as the
Comptroller General considers appropriate. | Export-Import Bank Reauthorization Act of 2014 - Amends the Export-Import Bank Act of 1945 to reauthorize the Export-Import Bank of the United States through FY2019. Extends, for FY2015-FY2019, the Bank's authority to use a specified amount of its surplus for information technology system updates. Extends, through FY2019, the termination date of the sub-Saharan Africa advisory committee. Prescribes limitations on outstanding Bank loans, guarantees, and insurance for FY2015-FY2018 and each fiscal year thereafter. Extends, through FY2019, Bank authority to provide financing for the export of nonlethal defense articles and defense services whose primary end use is for civilian purposes. Directs the Bank to submit to Congress and the Comptroller General (GAO) a business plan that includes an estimate of the Bank's appropriate exposure limits for FY2015-FY2019. Directs GAO to study the Bank's medium-term financing programs. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Unimmunized Against
Influenza Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The influenza is a contagious respiratory illness
caused by influenza viruses. The best way to prevent the
influenza is by getting a influenza vaccination each year.
(2) Every year in the United States, on average, more than
200,000 people are hospitalized from influenza-related
complications, and about 36,000 people die from influenza-
related causes.
(3) The Centers for Disease Control and Prevention (CDC)
Advisory Committee on Immunization Practices recommends routine
influenza vaccination for all children aged 6 months through 18
years with influenza vaccine, effective July 1, 2008.
(4) Children 2 to 17 years of age are twice as likely to
get influenza as adults, including the elderly.
(5) School-aged children are the population group most
responsible for transmission of contagious respiratory viruses,
including influenza.
(6) The elderly and young children are the most vulnerable
population to severe illness from influenza due to weaker
immune response to vaccination. Experts have recognized that
the best way to protect the elderly from influenza may be to
vaccinate children.
(7) School-based vaccination programs are effective and
cost-saving ways to vaccinate children while reducing
transmission and infection rates to the larger community and at
the same time reducing rates of school absenteeism due to
influenza.
(8) Increased focus on providing influenza vaccine to
children targeted for immunization will also help efforts to
build a sound foundation for future vaccination efforts.
(9) School-based vaccination programs also potentially
represent the most feasible mechanism for community-based
pandemic vaccination.
(10) Increased participation in annual influenza
vaccination programs builds the infrastructure necessary for
pandemic vaccination.
(11) School-based programs will investigate the feasibility
of conducting mass immunization clinics and build partnerships
with local public health teams, in the event of a public health
emergency.
SEC. 3. DEMONSTRATION PROGRAM USING ELEMENTARY AND SECONDARY SCHOOLS AS
INFLUENZA VACCINATION CENTERS.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Secretary of Education and the Secretary of
Labor, shall carry out a multistate demonstration program designed to
test the feasibility of using the Nation's elementary schools and
secondary schools as influenza vaccination centers in coordination with
school nurses, school health care programs, local health departments,
community health care providers, State insurance agencies, and private
insurers.
(b) Program Description.--
(1) Vaccination.--
(A) Children covered by other federal programs.--
For children who are eligible under other federally
funded programs for payment of the costs of purchasing
and administering the influenza vaccine, the Secretary
shall not use the demonstration program under this
section to supplant payment of such costs.
(B) Children covered by private health insurance.--
For children who have private insurance, the Secretary
shall work with the Secretary of Labor, State insurance
agencies, and private insurers to ensure that such
children have coverage for all reasonable and customary
expenses, including the costs of purchasing and
administering the vaccine, incurred when influenza
vaccine is administered outside of the physician's
office in a school or other related setting.
(C) Other children.--To the extent to which payment
of the costs of purchasing and administering the
influenza vaccine for children is not covered through
other federally funded programs or through private
insurance, the Secretary may pay such costs through the
demonstration program under this section.
(2) ACIP recommendations.--The demonstration program shall
be designed to administer vaccines consistent with the
recommendations of the Advisory Committee on Immunization
Practices for the annual vaccination of all children aged 5
years through 19 years.
(3) Locations.--
(A) Selection.--The Secretary, in consultation with
the Secretary of Education, shall select the elementary
schools and secondary schools to participate in the
demonstration program.
(B) Selection criteria.--The schools selected under
subparagraph (A) shall include elementary schools and
secondary schools--
(i) located in at least 10 metropolitan
regions in at least 10 States and serving
primarily low-income public school student
populations; and
(ii) located in at least 5 major areas in
at least 5 States served by rural school
districts.
(4) Voluntary participation.--Participation in the
demonstration program by a school or an individual shall be
voluntary.
(5) Duration.--The demonstration program shall be conducted
for the 2010-2011 and 2011-2012 influenza seasons.
(6) Choice of vaccine.--The demonstration program shall not
restrict the discretion of a health care provider to administer
any influenza vaccine approved by the Food and Drug
Administration for use in pediatric populations.
(c) Report.--Not later than 90 days following the completion of the
demonstration program under this section, the Secretary shall submit to
the Committees on Education and Labor, Energy and Commerce, and
Appropriations of the House of Representatives and to the Committees on
Health, Education, Labor, and Pensions and Appropriations of the Senate
a report on the results of the program. The report shall include--
(1) an assessment of the influenza vaccination rates of
school-aged children in localities where the demonstration
program is implemented, compared to the national average
influenza vaccination rates for school-aged children, including
whether school-based vaccination assists in achieving the
recommendations of the Advisory Committee on Immunization
Practices for annual influenza vaccination of all children aged
6 months to 18 years;
(2) an assessment of the utility of employing elementary
schools and secondary schools as a part of a multi-state,
community-based pandemic response program that is consistent
with existing Federal and State pandemic response plans;
(3) an assessment of the feasibility of using existing
Federal and private insurance funding in establishing a multi-
state, school-based vaccination program for seasonal influenza
vaccination;
(4) an assessment of the number of education days gained by
students as a result of seasonal vaccinations based on
absenteeism rates;
(5) a determination of whether the demonstration program
under this section--
(A) was successful; and
(B) was implemented for sufficient time for
gathering enough valid data; and
(6) a recommendation on whether the demonstration program
under this section should be continued, expanded, or
terminated.
(d) Definitions.--In this section:
(1) The terms ``elementary school'' and ``secondary
school'' have the meanings given such terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) The term ``low-income'' means at or below 200 percent
of the income level specified in the most recent applicable
version of the Department of Health and Human Services Poverty
Guidelines per person in a family unit.
(3) Except as otherwise specified, the term ``Secretary''
means the Secretary of Health and Human Services.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2010 through 2012. | No Child Left Unimmunized Against Influenza Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to carry out a multistate demonstration program designed to test the feasibility of using the nation's elementary and secondary schools as influenza vaccination centers in coordination with school nurses, school health care programs, local health departments, community health care providers, state insurance agencies, and private insurers.
Prohibits the Secretary from using such program for children who are eligible under other federally funded programs for payment of the costs of purchasing and administering the influenza vaccine. Requires the Secretary to work with the Secretary of Labor, state insurance agencies, and private insurers to ensure that children who have private insurance have coverage for all reasonable and customary expenses, including the costs of purchasing and administering the vaccine, incurred when influenza vaccine is administered outside of the physician's office in a school or other related setting. Authorizes the Secretary to pay the cost of purchasing and administering the influenza vaccine for children to the extent such cost is not covered through other federally funded programs or through private insurance.
Requires the program to be designed to administer vaccines consistent with recommendations of the Advisory Committee on Immunization Practices for the annual vaccination of all children aged 5 years through 19 years.
Sets forth selection criteria for schools. Makes participation by a school or an individual voluntary. Requires the program to be conducted for the 2010-2011 and 2011-2012 influenza seasons. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Emergency Local Partnership Act
of 2007''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) Since AIDS cases were first reported more than 25 years
ago, approximately 1.7 million people in the United States have
been diagnosed with HIV and 500,000 of them have died.
(2) Racial minorities have been disproportionately affected
by this epidemic. Of the 1,200,000 United States HIV cases
reported, there are 500,000 African-Americans and 200,000
Latinos living with the disease.
(3) It is estimated that 50 percent of all AIDS patients
are African Americans and 19 percent are Latinos. The African-
American community is 12 percent of the general United States
population, and Latinos are 14 percent of the population.
(4) Ten States and the Commonwealth of Puerto Rico account
for 71 percent of the Nation's AIDS cases.
(5) Within the top 10 States and territories with the
highest concentration of people living with HIV/AIDS, large
Latino and African-American populations reside in 7 of them:
New York, California, Florida, Texas, New Jersey, Illinois, and
Pennsylvania. African Americans comprise large percentages of
people living with this disease in Georgia, Maryland, and the
District of Columbia. Latinos comprise large percentages of
people living with HIV/AIDS in Connecticut, Massachusetts, and
Puerto Rico.
(6) Programs funded through title XXVI of the Public Health
Service Act (42 U.S.C. 300ff-11 et seq.; as amended by the
``Ryan White HIV/AIDS Treatment Modernization Act of 2006'')
are essential to people who are HIV/AIDS positive, particularly
those who are low income or from an ethnic or minority
community. Although recent changes to these programs address
the problem of reaching minority populations in this country,
more needs to be done as the epidemic continues to impact those
communities more severely.
(7) People who live with HIV/AIDS not only need assistance
to take care of their immediate physical condition, but also
require information and education about how to address other
consequences associated with the disease. A holistic approach
is necessary to address not just the immediate physical health
of an individual in the community, but also to educate on
preventing the spread of the disease in high-risk
neighborhoods.
(8) Capable non-profit entities are essential to providing
a comprehensive approach and reaching more individuals in their
local communities.
(9) There is an urgent need for providing funding to
entities that not only serve minority populations, but also
provide services through partnerships at the local level in
high-risk communities.
(b) Purpose.--The purpose of this Act is to establish and authorize
funding for a pilot grant program within the Minority AIDS Initiative
that will encourage qualified community health entities to cooperate
with each other to provide comprehensive HIV/AIDS services for racial
and ethnic minorities in the local community where the entities are
located.
SEC. 3. PRIORITIZING HIV/AIDS SERVICES BY LOCAL ENTITIES TO MINORITIES.
(a) Establishment of Program.--Section 2693 of the Public Health
Service Act (42 U.S.C. 300ff-101) is amended--
(1) in subsection (a)--
(A) by striking ``$135,100,000 for fiscal year
2008'' and inserting ``$185,100,000 for fiscal year
2008''; and
(B) by striking ``$139,100,000 for fiscal year
2009'' and inserting ``$189,100,000 for fiscal year
2009''; and
(2) by adding at the end the following:
``(d) Prioritizing HIV/AIDS Services by Local Entities to
Minorities.--
``(1) Reservation.--For carrying out this subsection, the
Secretary shall, of the amount appropriated under subsection
(a) for each of fiscal years 2008 and 2009, reserve not less
than $25,000,0000 and not more than $50,000,000.
``(2) Grants.--In carrying out the purpose described in
subsection (a)--
``(A) the Secretary shall award grants to eligible
entities that are located in a community described in
paragraph (4)(C) (or are in partnership with an entity
that is located in a community described in paragraph
(4)(C)) to provide comprehensive HIV/AIDS services to
racial and ethnic minorities in such community; and
``(B) sections 2604(c)(1), 2612(b)(1), and
2651(c)(1) (requiring the use of at least 75 percent of
available funds to provide core medical services) shall
not apply.
``(3) Requirements.--Comprehensive HIV/AIDS services
provided by an eligible entity pursuant to this subsection
shall--
``(A) include not less than 3 types of HIV/AIDS
services authorized under part A, B, C, or D of this
title or section 2692; and
``(B) give special consideration to minority
capacity staff building which reflects the target
population.
``(4) Eligibility.--To be eligible to receive a grant under
this section, an entity shall--
``(A) be a nonprofit private entity;
``(B) be located, or apply for the grant in
partnership with an entity that is located, in one of
the 10 States and territories with the highest
concentration of people living with HIV/AIDS, as
determined by the Centers for Disease Control and
Prevention; and
``(C) be located, or apply for the grant in
partnership with an entity that is located, in a
community in which racial and ethnic minorities
comprise a majority of the population, as identified by
United States census data.
``(5) Distribution of grants.--The Secretary shall award
grants under this subsection for HIV/AIDS services in not less
than 5 of the States and territories described in paragraph
(4)(B).
``(6) Preference.--In awarding grants under this
subsection, the Secretary shall give preference to eligible
entities that demonstrate each of the following:
``(A) The eligible entity is located (and not
merely in partnership with another entity that is
located) in a State or territory described in paragraph
(4)(B) and a community described in paragraph (4)(C).
``(B) In providing HIV/AIDS services through the
grant, the eligible entity will partner with one or
more local entities in the community to be served.
``(C) The eligible entity will use the grant to
provide innovative approaches to HIV testing,
prevention, and treatment.
``(D) The staff of the eligible entity reflects the
community to be served.
``(E) The members of the governing body of the
eligible entity are representative of the community to
be served.''.
(b) Report.--
(1) In general.--Not later than January 1, 2009, the
Secretary of Human and Health Services shall submit a report to
the Congress describing the status of the HIV/AIDS epidemic
across the Nation.
(2) Contents.--The report submitted under this subsection
shall--
(A) give special emphasis to the 10 States and
territories with the highest concentration of people
living with HIV/AIDS, as determined by the Centers for
Disease Control and Prevention;
(B) include the comments submitted pursuant to
paragraph (3);
(C) analyze the effectiveness of the grant program
established under section 2693(d) of the Public Health
Service Act, as added by subsection (a); and
(D) recommend any appropriate changes for improving
such program.
(3) Comments.--In preparing the report required by this
subsection, the Secretary shall solicit comments from the
general public and each entity receiving a grant under section
2693(d) of the Public Health Service Act, as added by
subsection (a).
SEC. 4. TEMPORARY EXTENSION OF MINORITY HIV/AIDS INITIATIVES FUNDING.
The Secretary of Health and Human Services shall continue to fund
grants awarded through the Minority HIV/AIDS Initiatives of the Health
Resources and Services Administration, as in effect on the day before
the date of the enactment of the Ryan White HIV/AIDS Treatment
Modernization Act of 2006 (Pub. L. 109-415), until the Secretary begins
to provide funds to entities through section 2693 of the Public Health
Service Act (42 U.S.C. 300ff-121), as added by the Ryan White HIV/AIDS
Treatment Modernization Act of 2006.
SEC. 5. EXEMPTION FROM MEDICAID TERRITORIAL FUNDING LIMITATION FOR
MEDICAL ASSISTANCE FOR INDIVIDUALS WITH HIV/AIDS.
(a) In General.--Section 1108(g) of the Social Security Act (42
U.S.C. 1308(g)) is amended by adding at the end the following:
``(4) Disregarding medical assistance cap for individuals
with hiv/aids.--Funding limitations under this subsection and
subsection (f) shall not apply to amounts expended for medical
assistance for individuals with HIV/AIDS (as defined in section
2688(7) of the Public Health Service Act).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to fiscal years beginning with fiscal year 2007. | HIV Emergency Local Partnership Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to eligible entities located in communities in which racial or ethnic minorities comprise a majority of the population to provide comprehensive HIV/AIDS service to racial and ethnic minorities in such communities.
Directs the Secretary to continue funding grants awarded through the Minority HIV/AIDS Initiatives of the Health Resources and Services Administration until the Secretary begins to provide funds for such initiative through the Ryan White HIV/AIDS Treatment Modernization Act of 2006.
Excludes amounts expended for medical assistance for individuals with HIV/AIDS when calculating the caps for Medicaid payments to territories. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Health Care Fairness Act''.
SEC. 2. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1079a the following new section:
``Sec. 1079b. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--(1) Subject to the availability of funds to
carry out this section for a fiscal year, eligible beneficiaries
described in subsection (b) shall be afforded an opportunity to enroll
in any health benefits plan under the Federal Employee Health Benefits
program under chapter 89 of title 5, United States Code, offering
medical care comparable to the care authorized by section 1077 of this
title to be provided under section 1076 of this title (in this section
referred to as an `FEHBP plan').
``(2) The Secretary of Defense and the other administering
Secretaries shall jointly enter into an agreement with the Director of
the Office of Personnel Management to carry out paragraph (1).
``(b) Eligible Beneficiaries.--(1) An eligible beneficiary referred
to in subsection (a) is a covered beneficiary who is a military retiree
(except a military retiree retired under chapter 1223 of this title), a
dependent of such a retiree described in section 1072(2)(B) or (C), or
a dependent described in section 1072(2)(A), (D), or (I) of such a
retiree who enrolls in an FEHBP plan, who,--
``(A) is not guaranteed access under TRICARE to health care
that is comparable to the health care benefits provided under
the service benefit plan offered under the Federal Employee
Health Benefits program;
``(B) is eligible to enroll in the TRICARE program but is
not enrolled because of the location of the beneficiary, a
limitation on the total enrollment, or any other reason; or
``(C) is entitled to hospital insurance benefits under part
A of title XVIII of the Social Security Act (42 U.S.C. 1395c et
seq.).
``(2) In addition to the eligibility requirements described in
paragraph (1), during the first two years that covered beneficiaries
are offered the opportunity to enroll in an FEHBP plan under subsection
(a), eligible beneficiaries shall be limited to--
``(A) except as provided in subparagraph (B), military
retirees 65 years of age or older; and
``(B) military retirees retired under chapter 61 of this
title.
``(3) An eligible beneficiary shall not be required to satisfy any
eligibility criteria specified in chapter 89 of title 5 as a condition
for enrollment in an FEHBP plan.
``(c) Priorities; List.--(1) Eligible beneficiaries shall be
permitted to enroll in an FEHBP plan based on the order in which such
beneficiaries apply to enroll in the plan.
``(2) The Secretary shall maintain a list of eligible beneficiaries
who apply to enroll in an FEHBP plan, but whom the Secretary is not
able to enroll because of the lack of available funds to carry out this
section.
``(d) Period of Enrollment.--The Secretary shall provide a period
of enrollment for eligible beneficiaries in an FEHBP plan for a period
of 90 days--
``(A) before implementation of the program described in
subsection (a); and
``(B) each subsequent year thereafter.
``(e) Term of Enrollment.--(1) The minimum period of enrollment in
an FEHBP plan shall be three years.
``(2) A beneficiary who elects to enroll in an FEHBP plan, and who
subsequently discontinues enrollment in the plan before the end of the
period described in paragraph (1), shall not be eligible to reenroll in
the plan.
``(f) Receipt of Care in MTF.--(1) An eligible beneficiary enrolled
in an FEHBP plan may receive care at a military medical treatment
facility subject to the availability of space in such facility, except
that the plan shall reimburse the facility for the cost of such
treatment. The plan may adjust beneficiary copayments so that receipt
of such care at a military medical treatment facility results in no
additional costs to the plan, as compared with the costs that would
have been incurred if care had been received from a provider in the
plan.
``(g) Contributions.--(1) Contributions shall be made for an
enrollment of an eligible beneficiary in a plan of the Federal Employee
Health Benefits program under this section as if the beneficiary were
an employee of the Federal Government.
``(2) The administering Secretary concerned shall be responsible
for the Government contributions that the Director of the Office of
Personnel Management determines would be payable by the Secretary under
section 8906 of title 5 for an enrolled eligible beneficiary if the
beneficiary were an employee of the Secretary.
``(3) Each eligible beneficiary enrolled in an FEHBP plan shall be
required to contribute the amount that would be withheld from the pay
of a similarly situated Federal employee who is enrolled in the same
health benefits plan under chapter 89 of title 5.
``(h) Management of Participation.--The Director of the Office of
Personnel Management shall manage the participation of an eligible
beneficiary in a health benefits plan of the Federal Employee Health
Benefits program pursuant to an enrollment under this section. The
Director shall maintain separate risk pools for participating eligible
beneficiaries until such time as the Director determines that inclusion
of participating eligible beneficiaries under chapter 89 of title 5
will not adversely affect Federal employees and annuitants enrolled in
health benefits plans under such chapter.
``(i) Reporting Requirements.--(1) Not later than November 1 of
each year, the Secretary of Defense and the Director of the Office of
Personnel Management shall jointly submit to Congress a report
describing the provision of health care services to enrollees under
this section during the preceding fiscal year. The report shall address
or contain the following:
``(A) The number of eligible beneficiaries who are
participating in health benefits plans of the Federal Employee
Health Benefits program pursuant to an enrollment under this
section, both in terms of total number and as a percentage of
all covered beneficiaries who are receiving health care through
the health care system of the uniformed services.
``(B) The extent to which eligible beneficiaries use the
health care services available to the beneficiaries under
health benefits plans pursuant to enrollments under this
section.
``(C) The cost to enrollees for health care under such
health benefits plans.
``(D) The cost to the Department of Defense, the Department
of Transportation, the Department of Health and Human Services,
and any other departments and agencies of the Federal
Government of providing care to eligible beneficiaries pursuant
to enrollments in such health benefits plans under this
section.
``(E) A comparison of the costs determined under paragraphs
(C) and (D) and the costs that would otherwise have been
incurred by the United States and enrollees under alternative
health care options available to the administering Secretaries.
``(F) The effects of the exercise of authority under this
section on the cost, access, and utilization rates of other
health care options under the health care system of the
uniformed services.
``(2) Not later than the date that is four years after the date of
enactment of the National Defense Authorization Act for fiscal year
1999, the Secretary of Defense shall submit to Congress a report
describing--
``(A) whether the Secretary recommends that a health care
option for retired covered beneficiaries equivalent to the
option described in subsection (a) be permanently offered to
such beneficiaries; and
``(B) the estimated costs of offering such an option.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1079a the
following:
``1079b. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Conforming Amendments.--(1) Section 8905 of title 5, United
States Code, is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) An individual whom the Secretary of Defense determines is an
eligible beneficiary under subsection (b) of section 1079b of title 10
may enroll in a health benefits plan under this chapter in accordance
with the agreement entered into under subsection (a) of such section
between the Secretary and the Office and with applicable regulations
under this chapter.''.
(2) Section 8906 of title 5, United States Code, is amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''; and
(ii) by adding at the end the following new
paragraph:
``(4) In the case of individuals who enroll in a health plan under
section 8905(d) of this title, the Government contribution shall be
determined under section 1079b(g) of title 10.''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``paragraph (2)''
and inserting in lieu thereof ``paragraphs (2) and
(3)''; and
(ii) by adding at the end the following new
paragraph:
``(3) The Government contribution described in subsection (b)(4)
for beneficiaries who enroll under section 8905(d) of this title shall
be paid as provided in section 1079b(g) of title 10.''.
(c) Implementation.--The Secretary of Defense--
(1) shall begin to offer the health benefits option under
section 1079b(a) of title 10, United States Code (as added by
subsection (a)) not later than the date that is 6 months after
the date of the enactment of this Act; and
(2) shall continue to offer such option through the year
2003, and to provide care to eligible covered beneficiaries
under such section through the year 2005.
(d) Authorization of Appropriations.--Out of funds authorized to be
appropriated for the Department of Defense for military personnel,
there shall be available to offer the health benefits option under
section 1079b(a) of title 10, United States Code (as added by
subsection (a)), the following:
(1) $100 million for fiscal year 1999.
(2) $200 million for fiscal year 2000.
(3) $300 million for fiscal year 2001.
(4) $400 million for fiscal year 2002.
(5) $500 million for fiscal year 2003.
(6) such sums as necessary for fiscal year 2004.
(7) such sums as necessary for fiscal year 2005. | Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who: (1) is not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability.
States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option.
Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005.
Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quiet Communities Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Approximately 28,000,000 Americans are afflicted with
some hearing loss and it has been estimated that 10,000,000 of
these impairments are at least partially attributable to damage
from exposure to noise.
(2) For millions of Americans, noise from aircraft,
vehicular traffic, and a variety of other sources is a constant
source of torment. Millions of Americans are exposed to noise
levels that can lead to sleep loss, psychological and
physiological damage, and work disruption.
(3) Chronic exposure to noise has been linked to increased
risk of cardiovascular disorders, learning deficits in
children, stress, and diminished quality of life.
(4) Excessive noise leading to sleep deprivation and task
interruptions can result in untold costs on society in
diminished worker productivity.
(5) Pursuant to authorities granted under the Clean Air Act
of 1970, the Noise Control Act of 1972, and the Quiet
Communities Act of 1978, the Environmental Protection Agency
established an Office of Noise Abatement and Control. Its
responsibilities included promulgating noise emission
standards, requiring product labeling, facilitating the
development of low emission products, coordinating Federal
noise reduction programs, assisting State and local abatement
efforts, and promoting noise education and research. However,
funding for the Office of Noise Abatement and Control was
terminated in 1982 and no funds have been provided since.
(6) Because the Environmental Protection Agency remains
legally responsible for enforcing regulations issued under the
Noise Control Act of 1972 even though funding for these
activities were terminated, and because the Noise Control Act
of 1972 prohibits State and local governments from regulating
noise sources in many situations, noise abatement programs
across the country lie dormant.
(7) As population growth and air and vehicular traffic
continue to increase, noise pollution is likely to become an
even greater problem in the future. The health and welfare of
our citizens demands that the Environmental Protection Agency,
the lead Federal agency for the protection of public health and
welfare, once again assume a role in combating noise pollution.
SEC. 3. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND CONTROL.
(a) Reestablishment.--The Administrator of the Environmental
Protection Agency shall reestablish within the Environmental Protection
Agency an Office of Noise Abatement and Control.
(b) Duties.--The responsibilities of the Office include the
following:
(1) To promote the development of effective State and local
noise control programs by providing States with technical
assistance and grants to develop the programs, including the
purchase of equipment for local communities.
(2) To carry out a national noise control research program
to assess the impacts of noise from varied noise sources on
mental and physical health.
(3) To carry out a national noise environmental assessment
program to identify trends in noise exposure and response,
ambient levels, and compliance data and to determine the
effectiveness of noise abatement actions, including actions for
areas around major transportation facilities (such as highways,
railroad facilities, and airports).
(4) To develop and disseminate information and educational
materials to the public on the mental and physical effects of
noise and the most effective means for noise control through
the use of materials for school curricula, volunteer
organizations, radio and television programs, publications, and
other means.
(5) To develop educational and training materials and
programs, including national and regional workshops, to support
State and local noise abatement and control programs.
(6) To establish regional technical assistance centers
which use the capabilities of university and private
organizations to assist State and local noise control programs.
(7) To undertake an assessment of the effectiveness of the
Noise Control Act of 1972.
(c) Preferred Approaches.--In carrying out its duties under this
section, the Office shall emphasize noise abatement approaches that
rely on local and State activities, market incentives, and coordination
with other public and private agencies.
(d) Study.--
(1) In general.--Using funds made available to the Office,
the Administrator shall carry out a study of airport noise. The
Administrator shall carry out the study by entering into
contracts or other agreements with independent scientists with
expertise in noise measurements, noise effects, and noise
abatement techniques to conduct the study.
(2) Contents.--The study shall examine the selection of
noise measurement methodologies by the Federal Aviation
Administration, the threshold of noise at which health impacts
are felt, and the effectiveness of noise abatement programs at
airports around the Nation.
(3) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study, together with
specific recommendations on new measures that can be
implemented to mitigate the impact of aircraft noise on
surrounding communities.
SEC. 4. GRANTS UNDER QUIET COMMUNITIES PROGRAM.
Section 14(c)(1) of the Noise Control Act of 1972 (42 U.S.C.
4913(c)(1)) is amended--
(1) by striking ``and,'' at the end of subparagraph (C);
and
(2) by adding at the end the following:
``(E) establishing and implementing training
programs on use of noise abatement equipment; and
``(F) implementing noise abatement plans;''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal years
2000 through 2004 $21,000,000 for activities of the Office of Noise
Abatement and Control reestablished under section 3. | Requires the Administrator, using funds made available to the Office, to carry out a study of airport noise, examining the Federal Aviation Administration's selection of noise measurement methodologies, health impact thresholds, and abatement program effectiveness.
Amends the Noise Control Act of 1972 to include the establishment of training programs on the use of noise abatement equipment and the implementation of noise abatement plans in the list of purposes for which grants under the Quiet Communities Program are provided.
Authorizes appropriations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Aid and Economic
Stimulus Act of 2003''.
SEC. 2. ONE-TIME REVENUE GRANT TO STATES AND LOCAL GOVERNMENTS.
(a) In General.--Chapter 67 of title 31, United States Code, is
amended by adding at the end the following new section:
``Sec. 6721. One-time revenue grant to States and local governments
``(a) Appropriation.--There is appropriated to carry out this
section $40,000,000,000 for fiscal year 2003.
``(b) Allotments.--From the amount appropriated under subsection
(a) for fiscal year 2003, the Secretary of the Treasury shall, as soon
as practicable after the date of the enactment of this Act, allot to
each of the States as follows:
``(1) $20 billion based on population.--
``(A) State level.--$10,000,000,000 shall be
allotted among such States on the basis of the relative
population of each such State, as determined by the
Secretary on the basis of the most recent satisfactory
data.
``(B) Local government level.--$10,000,000,000
shall be allotted among such States as determined under
subparagraph (A) for distribution to the various units
of general local government within such States on the
basis of the relative population of each such unit
within each such State, as determined by the Secretary
on the basis of the most recent satisfactory data.
``(2) $20 billion based on change in unemployment rate.--
``(A) Tier 1.--
``(i) State level.--$2,500,000,000 shall be
allotted among such States which have
experienced a tier 1 unemployment rate on the
basis of the relative number of unemployed
individuals for calendar year 2002 in each such
State, as determined by the Secretary on the
basis of the most recent satisfactory data.
``(ii) Local government level.--
$2,500,000,000 shall be allotted among such
States which have experienced a tier 1
unemployment rate as determined under clause
(i) for distribution to the various units of
general local government within such States on
the basis of the relative number of unemployed
individuals for calendar year 2002 in each such
unit within each such State, as determined by
the Secretary on the basis of the most recent
satisfactory data.
``(B) Tier 2.--
``(i) State level.--$7,500,000,000 shall be
allotted among such States which have
experienced a tier 2 unemployment rate on the
basis of the relative number of unemployed
individuals for calendar year 2002 in each such
State, as determined by the Secretary on the
basis of the most recent satisfactory data.
``(ii) Local government level.--
$7,500,000,000 shall be allotted among such
States which have experienced a tier 2
unemployment rate as determined under clause
(i) for distribution to the various units of
general local government within such States on
the basis of the relative number of unemployed
individuals for calendar year 2002 in each such
unit within each such State, as determined by
the Secretary on the basis of the most recent
satisfactory data.
``(c) Guidelines for Use of Funds.--It is the sense of Congress
that priority for using the funds allotted under this section should be
given to homeland security, medicaid, public health, highway
construction, childcare, elementary, secondary, and higher education,
and the prevention of additional property tax increases.
``(d) Definitions.--For purposes of this section--
``(1) State.--The term `State' means any of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``(2) Unit of general local government.--
``(A) In general.--The term `unit of general local
government' means--
``(i) a county, parish, township, city, or
political subdivision of a county, parish,
township, or city, that is a unit of general
local government as determined by the Secretary
of Commerce for general statistical purposes;
and
``(ii) the District of Columbia, the
Commonwealth of Puerto Rico, and the recognized
governing body of an Indian tribe or Alaskan
native village that carries out substantial
governmental duties and powers.
``(B) Treatment of subsumed areas.--For purposes of
determining a unit of general local government under
this section, the rules under section 6720(c) of this
title shall apply.
``(3) Unemployment.--With respect to any State or unit of
general local government--
``(A) Tier 1 unemployment rate.--The term `tier 1
unemployment rate' means an unemployment rate for
calendar year 2002 which was at least .4 but not more
than 1.0 percentage point greater than such rate for
calendar year 2000.
``(B) Tier 2 unemployment rate.--The term `tier 2
unemployment rate' means an unemployment rate for
calendar year 2002 which was more than 1.0 percentage
point greater than such rate for calendar year 2000.''.
(b) Conforming Amendment.--The table of sections for chapter 67 of
title 31, United States Code, is amended by adding at the end the
following new item:
``6721. One-time revenue grant to States and local governments.''. | State and Local Aid and Economic Stimulus Act of 2003 - Amends Federal law to make appropriations for FY 2003 for a one-time revenue grant to States and local governments to carry out programs related to education, substance abuse treatment, and jobs to prevent crime.Specifies amounts to be allotted to each of the States based upon population and changes in unemployment rates.Declares the sense of Congress that priority for using funds allotted under this Act should be given to homeland security, medicaid, public health, highway construction, childcare, elementary, secondary, and higher education, and the prevention of additional property tax increases. | billsum_train |
Give a brief overview of the following text: SECTION 1. CREDIT FOR BIOMETHANE PRODUCED FROM BIOMASS WHICH IS
EQUIVALENT TO CREDIT FOR ELECTRICITY PRODUCED FROM
BIOMASS.
(a) In General.--Subsection (e) of section 45 of the Internal
Revenue Code of 1986 (relating to electricity produced from certain
renewable resources, etc.) is amended by redesignating paragraphs (9),
(10), and (11) as paragraphs (10), (11), and (12), respectively, and by
inserting after paragraph (8) the following new paragraph:
``(9) Credit for biomethane produced from biomass which is
equivalent to credit for electricity produced from biomass.--
``(A) Determination of credit amount.--In the case
of a producer of biomethane, the credit determined
under this section (without regard to this paragraph)
for any taxable year shall be increased by 1.5 cents
for each 3412 Btus of biomethane--
``(i) produced by the taxpayer--
``(I) from biomass, and
``(II) at a biomethane facility
during the 10-year period beginning on
the date the facility was originally
placed in service, and
``(ii) sold by the taxpayer to an unrelated
person during the taxable year.
``(B) Biomass.--For purposes of this paragraph, the
term `biomass' has the meaning given to such term by
section 45K(c)(3).
``(C) Biomethane.--For purposes of this paragraph,
the term `biomethane' means gas produced from biomass
if the properties of such gas meet the requirements to
be transported in an interstate natural gas pipeline as
a natural gas substitute. Such term includes liquefied
gas which would be described in the preceding sentence
but for being in liquid form.
``(D) Application of rules.--Rules similar to the
rules of the subsection (b)(3) and paragraphs (1)
through (5) of this subsection shall apply for purposes
of determining the amount of any increase under this
paragraph.
``(E) Facilities producing electricity before
january 1, 2008.--For purposes of subparagraph
(A)(i)(II) and subsection (d)(11), in the case of a
facility which was originally placed in service before
January 1, 2008 (determined without regard to this
subparagraph), and which produced electricity from
methane--
``(i) such facility shall be treated as
originally placed in service on the first day
on which such facility first produced
biomethane if no credit was allowed under this
section for electricity so produced and sold
before such day, or
``(ii) if credit was allowed under this
section for such electricity, only the portion
of the 10-year period referred to in subsection
(a)(2)(A)(ii) which is after December 31, 2007,
may be taken into account under this
paragraph.''.
(b) Biomethane Facility.--Subsection (d) of section 45 of such Code
is amended by adding at the end the following new paragraph:
``(11) Biomethane facility.--In the case of a facility
producing biomethane, the term `biomethane facility' means any
facility placed in service after December 31, 2007, and before
January 1, 2017.''.
(c) Coordination With Credit for Producing Fuel From a
Nonconventional Source.--Paragraph (10) of section 45(e) of such Code,
as redesignated by subsection (a), is amended by adding at the end the
following new subparagraph:
``(C) Biomethane facilities.--The term `biomethane
facility' shall not include any facility the production
from which is allowed as a credit under section 45K for
the taxable year or any prior taxable year (or under
section 29, as in effect on the day before the date of
enactment of the Energy Tax Incentives Act of 2005, for
any prior taxable year).''.
(d) Conforming Amendment.--Paragraph (2) of section 45(b) of such
Code is amended by striking ``subsection (a)'' and inserting
``subsections (a) and (e)(9)(A)''.
(e) Effective Date.--The amendments made by this section shall
apply to biomethane produced and sold after December 31, 2007. | Amends the Internal Revenue Code to: (1) allow a tax credit for the production of biomethane from biomass and make such credit amount equal to the tax credit for producing electricity from biomass; and (2) include biomethane facilities as qualified facilities for purposes of the tax credit for producing electricity from renewable resources. | billsum_train |
Change the following text into a summary: SECTION 1. PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009.
(a) Exclusion Equivalent of Unified Credit Equal to $3,500,000.--
Subsection (c) of section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended to read as
follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed were
equal to the applicable exclusion amount.
``(2) Applicable exclusion amount.--
``(A) In general.--For purposes of this subsection,
the applicable exclusion amount is $3,500,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2010, the
dollar amount in subparagraph (A) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year by substituting `calendar year
2009' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(b) Maximum Estate Tax Rate Equal to 45 Percent.--
(1) In general.--Subsection (c) of section 2001 of the
Internal Revenue Code of 1986 (relating to imposition and rate
of tax) is amended--
(A) by striking ``but not over $2,000,000'' in the
table contained in paragraph (1),
(B) by striking the last 2 items in such table,
(C) by striking ``(1) in general.--'', and
(D) by striking paragraph (2).
(2) Conforming amendment.--Paragraphs (1) and (2) of
section 2102(b) of such Code are amended to read as follows:
``(1) In general.--A credit in an amount that would be
determined under section 2010 as the applicable credit amount
if the applicable exclusion amount were $60,000 shall be
allowed against the tax imposed by section 2101.
``(2) Residents of possessions of the united states.--In
the case of a decedent who is considered to be a `nonresident
not a citizen of the United States' under section 2209, the
credit allowed under this subsection shall not be less than the
proportion of the amount that would be determined under section
2010 as the applicable credit amount if the applicable
exclusion amount were $175,000 which the value of that part of
the decedent's gross estate which at the time of the decedent's
death is situated in the United States bears to the value of
the decedent's entire gross estate, wherever situated.''.
(c) Modifications of Estate and Gift Taxes To Reflect Differences
in Unified Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) of the Internal
Revenue Code of 1986 (relating to computation of tax)
is amended by striking ``if the provisions of
subsection (c) (as in effect at the decedent's death)''
and inserting ``if the modifications described in
subsection (g)''.
(B) Modifications.--Section 2001 of such Code is
amended by adding at the end the following new
subsection:
``(g) Modifications to Gift Tax Payable To Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect at the
decedent's death shall, in lieu of the rates of tax in effect at the
time of such gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).
For purposes of paragraph (2)(A), the applicable credit amount
for any calendar year before 1998 is the amount which would be
determined under section 2010(c) if the applicable exclusion
amount were the dollar amount under section 6018(a)(1) for such
year.''.
(2) Gift tax.--Section 2505(a) of such Code (relating to
unified credit against gift tax) is amended by adding at the
end the following new flush sentence:
``For purposes of applying paragraph (2) for any calendar year, the
rates of tax in effect under section 2502(a)(2) for such calendar year
shall, in lieu of the rates of tax in effect for preceding calendar
periods, be used in determining the amounts allowable as a credit under
this section for all preceding calendar periods.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
(e) Additional Modifications to Estate Tax.--
(1) In general.--Subtitles A and E of title V of the
Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subtitles, are hereby repealed; and
the Internal Revenue Code of 1986 shall be applied as if such
subtitles, and amendments, had never been enacted.
(2) Sunset not to apply.--
(A) Subsection (a) of section 901 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 is
amended by striking ``this Act'' and all that follows
and inserting ``this Act (other than title V) shall not
apply to taxable, plan, or limitation years beginning
after December 31, 2010.''.
(B) Subsection (b) of such section 901 is amended
by striking ``, estates, gifts, and transfers''.
(3) Repeal of deadwood.--
(A) Sections 2011, 2057, and 2604 of the Internal
Revenue Code of 1986 are hereby repealed.
(B) The table of sections for part II of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2011.
(C) The table of sections for part IV of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2057.
(D) The table of sections for subchapter A of
chapter 13 of such Code is amended by striking the item
relating to section 2604.
(f) Sense of the Senate Regarding Revenue Neutrality.--It is the
sense of the Senate that any reduction in Federal revenues resulting
from the provisions of, and amendments made by, this section should be
fully offset. | Amends the Internal Revenue Code to: (1) restore the unified credit against the estate and gift tax after 2009; (2) establish the amount of such credit at $3.5 million adjusted for inflation in calendar years after 2010; and (3) reduce the maximum estate and gift tax rate to 45%.
Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eagle Employers Act''.
SEC. 2. REDUCED TAXES FOR EAGLE EMPLOYERS.
(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. 45O. REDUCTION IN TAX OF EAGLE EMPLOYERS.
``(a) In General.--In the case of any taxable year with respect to
which a taxpayer is certified by the Secretary as an Eagle employer,
the Eagle employer credit determined under this section for purposes of
section 38 shall be equal to 1 percent of the taxable income of the
taxpayer which is properly allocable to all trades or businesses with
respect to which the taxpayer is certified as an Eagle employer for the
taxable year.
``(b) Eagle Employer.--For purposes of subsection (a), the term
`Eagle employer' means, with respect to any taxable year, any taxpayer
which--
``(1) maintains its headquarters in the United States if
the taxpayer has ever been headquartered in the United States,
``(2) pays at least 60 percent of each employee's health
care premiums,
``(3) if such taxpayer employs at least 50 employees on
average during the taxable year--
``(A) maintains or increases the number of full-
time workers in the United States relative to the
number of full-time workers outside of the United
States,
``(B) compensates each employee of the taxpayer at
an hourly rate (or equivalent thereof) not less than an
amount equal to the Federal poverty level for a family
of three for the calendar year in which the taxable
year begins divided by 2,080,
``(C) provides either--
``(i) a defined contribution plan which for
any plan year--
``(I) requires the employer to make
nonelective contributions of at least 5
percent of compensation for each
employee who is not a highly
compensated employee, or
``(II) requires the employer to
make matching contributions of 100
percent of the elective contributions
of each employee who is not a highly
compensated employee to the extent such
contributions do not exceed the
percentage specified by the plan (not
less than 5 percent) of the employee's
compensation, or
``(ii) a defined benefit plan which for any
plan year requires the employer to make
contributions on behalf of each employee who is
not a highly compensated employee in an amount
which will provide an accrued benefit under the
plan for the plan year which is not less than 5
percent of the employee's compensation, and
``(D) provides full differential salary and
insurance benefits for all National Guard and Reserve
employees who are called for active duty, and
``(4) if such taxpayer employs less than 50 employees on
average during the taxable year, either--
``(A) compensates each employee of the taxpayer at
an hourly rate (or equivalent thereof) not less than an
amount equal to the Federal poverty level for a family
of 3 for the calendar year in which the taxable year
begins divided by 2,080, or
``(B) provides either--
``(i) a defined contribution plan which for
any plan year--
``(I) requires the employer to make
nonelective contributions of at least 5
percent of compensation for each
employee who is not a highly
compensated employee, or
``(II) requires the employer to
make matching contributions of 100
percent of the elective contributions
of each employee who is not a highly
compensated employee to the extent such
contributions do not exceed the
percentage specified by the plan (not
less than 5 percent) of the employee's
compensation, or
``(ii) a defined benefit plan which for any
plan year requires the employer to make
contributions on behalf of each employee who is
not a highly compensated employee in an amount
which will provide an accrued benefit under the
plan for the plan year which is not less than 5
percent of the employee's compensation.''.
(b) Allowance as General Business Credit.--Section 38(b) of the
Internal Revenue Code or 1986 is amended by striking ``plus'' at the
end of paragraph (30), by striking the period at the end of paragraph
(31) and inserting ``, plus'', and by adding at the end the following:
``(32) the Eagle employer credit determined under section
45O.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Eagle Employers Act - Amends the Internal Revenue Code to allow a taxpayer certified as an Eagle employer by the Secretary of the Treasury a tax credit for one percent of such employer's taxable income. Defines an " Eagle employer" as any taxpayer who: (1) maintains its headquarters in the United States; (2) pays at least 60% of the health care premiums of its employees; (3) maintains or increases the number of its full-time workers in the United States relative to its full-time workers outside of the United States; (4) provides full differential salary and insurance benefits for all National Guard and Reserve employees called to active duty; and (5) provides its employees with a certain level of compensation and retirement benefits. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Attendance Success Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(3) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) Truancy.--The term ``truancy'' has the meaning given
the term in section 4112(c)(3)(E) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7112(c)(3)(E)).
SEC. 3. TRUANCY PREVENTION DISCRETIONARY GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants to State educational agencies to enable the State
educational agencies to award subgrants to local educational
agencies within the State to enable the local educational
agencies to create programmatic initiatives aimed at keeping
students in school, in order to improve academic achievement.
(2) Duration.--
(A) In general.--A State educational agency shall
award subgrants under this section for a period of 3
years.
(B) Renewal.--A State educational agency may award
a subgrant to a local educational agency under this
section for an additional 3 year period if the report
submitted by the local educational agency under
subsection (d) for the preceding 3-year subgrant period
demonstrates documented improvement in keeping students
in school.
(3) Award basis.--A State educational agency shall award
subgrants under this section on a competitive basis, taking
into consideration the needs of local educational agencies
serving schools with a history of high levels of truancy among
students in grades 5 through 9.
(b) Application.--
(1) State application.--Each State educational agency
desiring 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) Local application.--Each local educational agency
desiring a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and accompanied by such information as the State
educational agency may reasonably require.
(3) Local application contents.--Each application submitted
under paragraph (2) shall--
(A) demonstrate a documented history of significant
truancy in grades 5 through 9 in the schools served by
the local educational agency;
(B) describe the activities for which assistance
under this section is sought; and
(C) provide such additional assurances and
information as the State educational agency determines
to be essential to ensure compliance with the
requirements of this section, including strategies that
the local educational agency will use to address issues
such as a supportive school climate and the extent to
which students feel connected to the school and
attached to not less than 1 caring adult at the school.
(c) Use of Funds.--A local educational agency receiving a subgrant
under this section shall, to the extent practicable, use the subgrant
funds to partner with a community-based organization to create
programmatic initiatives aimed at keeping students in school.
(d) Reporting Requirement.--Each local educational agency receiving
subgrant funds under this section shall submit a report to the State
educational agency on the local educational agency's performance of the
activities described in subsection (c).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2010 and each of the 5 succeeding fiscal years.
SEC. 4. NATIONAL RESOURCE CENTER FOR POSITIVE YOUTH DEVELOPMENT AND
SCHOOL SUCCESS.
(a) Center.--From amounts appropriated under subsection (d), the
Secretary shall award a grant to an eligible nonprofit organization to
provide for the establishment and operation of a National Resource
Center on Positive Youth Development and School Success (referred to in
this section as the ``Center'').
(b) Eligible Organization.--In order to be eligible to receive a
grant under this section, an organization shall have a history of, and
expertise in, carrying out the functions described in subsection (c).
(c) Functions.--The Center established under subsection (a) shall--
(1) provide evidence-based resources, publications, and
training to State educational agencies and local educational
agencies on the positive relationships, opportunities, and
skills that students need to succeed in school and avoid risky
behavior, such as truancy;
(2) provide a free information service, using print,
electronic media, and the Internet, for schools, principals,
school officers, parent-teacher associations, and community
groups, relating to incorporating developmental assets,
supports and strengths into existing school curriculum,
programs, and services; and
(3) conduct and publish research on the relationship
between a whole child approach to youth development and school
success, including academic achievement and retention of the
teaching force.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2010 and each of the 5 succeeding fiscal years.
SEC. 5. NATIONAL DEFINITION OF TRUANCY.
Section 4112(c)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7112(c)(3)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Truancy rate data collection.--
``(i) In general.--For the purposes of
collecting the information described in
subparagraph (B)(i), the term `truancy' means
each absence of a student who is required by
State law to attend elementary school or
secondary school from such school for the time
period described in clause (ii) without an
excuse described in clause (iii).
``(ii) Time period.--The time period
referred to in clause (i) is--
``(I) 3 consecutive school days in
the case of a child enrolled in
elementary school; and
``(II) 3 or more class periods on
each of 3 consecutive school days in
the case of a child enrolled in middle
or secondary school.
``(iii) Excused absences.--An excuse
referred to in clause (i) is--
``(I) an excuse by a parent of the
student that is approved by the school
administrator in charge; or
``(II) permission from a teacher or
administrator in charge.
``(iv) Limitations.--An absence described
in clause (i) shall not be considered truancy--
``(I) unless the absence was
reviewed by a school official and
determined to be unexcused; or
``(II) if the absence is caused by
a school decision to remove a student
from the school and deny the student
attendance for any length of time.''. | Student Attendance Success Act of 2009 - Authorizes the Secretary of Education to award grants to states and, through them, competitive, renewable, three-year grants to local educational agencies (LEAs) for programmatic initiatives aimed at improving academic achievement by keeping students in school.
Requires subgrant applicants to demonstrate that their schools have a history of significant truancy in grades five through nine.
Requires subgrantees to use their subgrant, to the extent practicable, to partner with a community-based organization to create such programmatic initiatives.
Directs the Secretary to award a grant to an nonprofit organization to establish and operate a National Resource Center on Positive Youth Development and School Success to serve as a font of information, training, and research aimed at thwarting students' risky behavior and enhancing their academic performance.
Amends the Elementary and Secondary Education Act of 1965 to define truancy, for purposes of this Act and the requirement that states collect truancy data under the Safe and Drug-Free Schools program, as the unexcused absence: (1) for three consecutive school days of a child required to attend elementary school; and (2) for three or more class periods on each of three consecutive school days of a child required to attend middle or secondary school. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Travel Initiative
Improvement Act of 2008''.
SEC. 2. FINDINGS; DEFINITION.
(a) Findings.--Congress finds the following:
(1) All claims of United States citizenship and nationality
must be treated with the utmost respect and care, with
adherence to procedures necessary and sufficient to guard
against the serious risk of United States citizens and
nationals being deprived of the rights, privileges, and
benefits attendant to such citizenship and nationality or the
denial of valid claims thereto.
(2) The right to travel abroad and return home is an
important and protected element of United States citizenship.
This right should not be denied on the basis of race or
ancestry or for reasons that are arbitrary and capricious.
(3) Millions of United States citizens live in United
States border communities and regularly cross the border for
family, work, business, and personal reasons. With the Western
Hemisphere Travel Initiative (WHTI) scheduled to be fully
implemented on June 1, 2009, virtually all United States
citizens will be required to possess a passport, passport card,
or other WHTI-compliant document to cross the land borders of
the United States or enter through sea ports of entry. At that
time, a passport--already required for international travel by
air--will become a fundamental necessity of everyday life for
those United States citizens who live along or near United
States land borders.
(4) In recent years, certain United States citizens living
or born in States bordering Mexico have been formally or
effectively denied United States passports as a result of a
process that often lacks due process, imposes a heightened
burden of proof on certain passport applicants, and results in
decisions that are inadequately supported by an evidentiary
record.
(b) Definitions.--
(1) Applicant.--The term ``applicant'' means a person who
submits a United States passport application.
(2) Secretary.--The term ``Secretary'' means the Secretary
of State and any individual designated by the Secretary of
State to adjudicate United States passport applications under
An Act To regulate the issue and validity of passports, and for
other purposes (July 3, 1926; 22 U.S.C. 211a).
SEC. 3. CONFIRMATION AND CLARIFICATION OF STANDARDS FOR ADJUDICATION OF
UNITED STATES PASSPORT APPLICATIONS BY SECRETARY OF
STATE.
(a) In General.--
(1) In general.--The Secretary shall adjudicate United
States passport applications in an individualized, evidence-
based manner.
(2) Individualized assessment.--At every stage of the
passport application adjudicatory process under paragraph (1),
including any requests for additional evidence and rulings on
the merits of an application, the Secretary's decisions
respecting United States passport applications shall be based
on an assessment of individual circumstances and evidence.
(3) Prohibition.--An applicant's race, ethnicity, or
ancestry may not be a factor taken into account in the passport
application adjudicatory process under paragraph (1).
(b) Proceedings.--
(1) In general.--An applicant shall establish by a
preponderance of the evidence at all stages of the passport
application adjudicatory process, including in proceedings
under section 360 of the Immigration and Nationality Act (8
U.S.C. 1503), that such applicant is a United States citizen or
national.
(2) Prohibition.--The Secretary shall not utilize or apply
any heightened burden of proof when evaluating the citizenship
or nationality of an applicant and shall apply such
preponderance of the evidence standard required under paragraph
(1) in a uniform and consistent manner to all passport
applications.
(3) Writing.--Any determination by the Secretary that an
applicant has not met the burden of proving United States
citizenship or nationality by a preponderance of the evidence
shall be made in writing, state the reasons for the Secretary's
determination, and be provided to the applicant in a timely
manner.
(c) Acceptance of Certain Evidence.--A birth certificate signed by
a midwife, doctor, or other person authorized under State law to sign
such a document, or a previously-issued United States passport, shall
constitute prima facie evidence of United States citizenship or
nationality and, absent individualized evidence that a birth did not
take place in the United States, shall satisfy the preponderance of the
evidence standard for demonstrating an applicant's United States
citizenship or nationality. | Western Hemisphere Travel Initiative Improvement Act of 2008 - Directs the Secretary of State to adjudicate U.S. passport applications in an individualized, evidence-based manner.
Requires the passport application adjudicatory process to be based on an assessment of individual circumstances and evidence.
Prohibits an applicant's race, ethnicity, or ancestry from being taken into account in the passport application adjudicatory process.
Requires: (1) an applicant to establish by a preponderance of the evidence that the applicant is a U.S. citizen or national; (2) the preponderance of the evidence standard to be applied in a uniform and consistent manner to all passport applications; and (3) any determination that an applicant has not met the burden of proving U.S. citizenship or nationality by a preponderance of the evidence to be made in writing, state the reasons for the determination, and be provided to the applicant in a timely manner.
States that a birth certificate signed by a person authorized under state law to sign such a document, or a previously-issued U.S. passport, shall constitute prima facie evidence of U.S. citizenship or nationality and, absent individualized evidence that a birth did not take place in the United States, shall satisfy the preponderance of the evidence standard. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Alopecia Fairness
Expansion Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Medicare coverage of scalp hair prosthesis for individuals who
have scalp hair loss as a result of
alopecia areata.
Sec. 3. Medicaid coverage of scalp hair prosthesis for individuals who
have scalp hair loss as a result of
alopecia areata.
Sec. 4. SCHIP coverage of scalp hair prosthesis for individuals who
have scalp hair loss as a result of
alopecia areata.
Sec. 5. FEHBP coverage of scalp hair prosthesis for individuals who
have scalp hair loss as a result of
alopecia areata.
Sec. 6. Veterans' coverage of scalp hair prosthesis for individuals who
have scalp hair loss as a result of
alopecia areata.
Sec. 7. TRICARE coverage of scalp hair prosthesis for individuals who
have scalp hair loss as a result of
alopecia areata.
Sec. 8. IHS coverage of scalp hair prosthesis for individuals who have
scalp hair loss as a result of alopecia
areata.
SEC. 2. MEDICARE COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO
HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (U);
(2) by adding ``and'' at the end of subparagraph (V); and
(3) by adding at the end the following new subparagraph:
``(W) scalp hair prosthesis (which may include artificial
substitutes for scalp hair) for an individual who has scalp
hair loss as a result of alopecia areata if the attending
physician of the individual certifies in writing the medical
necessity of that proposed course of rehabilitative
treatment;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to items furnished on or after July 1, 2003.
SEC. 3. MEDICAID COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO
HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by redesignating paragraph (27) as paragraph (28); and
(3) by inserting after paragraph (26) the following new
paragraph:
``(27) scalp hair prosthesis (which may include artificial
substitutes for scalp hair) for an individual who has scalp
hair loss as a result of alopecia areata if the attending
physician of the individual certifies in writing the medical
necessity of that proposed course of rehabilitative treatment;
and''.
(b) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by subsection (a) apply to calendar quarters beginning
on or after July 1, 2003, without regard to whether or not final
regulations to carry out such amendments have been promulgated by such
date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendment made by subsection (a), the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet this
additional requirement before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature.
SEC. 4. SCHIP COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO
HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
(a) In General.--Section 2103(a) of the Social Security Act (42
U.S.C. 1397cc(a)) is amended by adding after and below paragraph (4)
the following:
``No coverage may be approved under this section unless the
coverage provides benefits for scalp hair prosthesis (which may
include artificial substitutes for scalp hair) for an
individual who has scalp hair loss as a result of alopecia
areata if the attending physician of the individual certifies
in writing the medical necessity of that proposed course of
rehabilitative treatment.''.
(b) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by subsection (a) apply to calendar quarters beginning
on or after July 1, 2003, without regard to whether or not final
regulations to carry out such amendments have been promulgated by such
date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirement imposed by the amendment made by subsection (a), the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet this
additional requirement before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature.
SEC. 5. FEHBP COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO
HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
(a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following:
``(p)(1) A contract may not be made or a plan approved which does
not include coverage for scalp hair prosthesis (which may include
artificial substitutes for scalp hair) for an individual who has scalp
hair loss as a result of alopecia areata if the attending physician of
the individual certifies in writing the medical necessity of that
proposed course of rehabilitative treatment.
``(2) The coverage required under this subsection is not subject to
dollar limits, deductibles, and coinsurance provisions that are less
favorable than those for other prosthesis coverage under a health
benefits plan, except that a plan may provide that the plan will only
pay for 80 percent of the customary and usual costs of the scalp hair
prosthesis exclusive of any deductible.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items furnished on or after January 1, 2004.
SEC. 6. VETERANS' COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO
HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
(a) In General.--Section 1701(6) of title 38, United States Code,
is amended by adding at the end the following new subparagraph:
``(G) Scalp hair prosthesis (which may include artificial
substitutes for scalp hair) for a person who has scalp hair
loss as a result of alopecia areata;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items furnished on or after October 1, 2002.
SEC. 7. TRICARE COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO
HAVE SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
(a) In General.--Section 1074c of title 10, United States Code, is
amended by striking ``resulting from the treatment of a malignant
disease'' and inserting ``(including alopecia resulting from the
treatment of a malignant disease)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items furnished on or after October 1, 2002.
SEC. 8. IHS COVERAGE OF SCALP HAIR PROSTHESIS FOR INDIVIDUALS WHO HAVE
SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
(a) In General.--The Indian Health Care Improvement Act (25 U.S.C.
1601 et seq.) is amended by inserting after section 225 the following
new section:
``scalp hair prosthesis
``Sec. 226. The Secretary, through the Service, shall provide scalp
hair prosthesis (which may include artificial substitutes for scalp
hair) for an Indian who has scalp hair loss as a result of alopecia
areata if the attending physician of the Indian certifies in writing
the medical necessity of that proposed course of rehabilitative
treatment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items furnished on or after January 1, 2003. | Alopecia Fairness Expansion Act of 2002 - Amends title XVIII (Medicare), title XIX (Medicaid), and title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to include coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata.Amends Federal civil service law with respect to the Federal Employee Health Benefit Plan, as well as Federal law relating to armed forces and veteran benefits, and the Indian Health Care Improvement Act with respect to Native Americans, to include coverage of scalp hair prosthesis for individuals who have scalp hair loss as a result of alopecia areata. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Choice Act of
2007''.
SEC. 2. RIGHT TO OPT-OUT.
Section 102(c) of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4012a(c)) is amended by adding at the end the following:
``(3) Individual opt-out.--
``(A) In general.--Notwithstanding any other
provision of this Act, or the National Flood Insurance
Act of 1968, any individual homeowner who satisfies the
requirements under subparagraph (B) shall not be
required to purchase flood insurance on any property,
including any property in an area that has been
identified by the Administrator as an area having
special flood hazards.
``(B) Requirements.--The requirements referred to
in subparagraph (A) are as follows:
``(i) Written certification to the
administrator and community.--The individual
homeowner shall certify, in writing, to the
Administrator and the State, community, or
local official responsible for zoning and
building codes over the area in which such
property is located that the individual--
``(I) elects not to participate in
the flood insurance program under the
National Flood Insurance Act of 1968;
and
``(II) understands and willfully
accepts any and all adverse consequence
that attach to such an election,
including--
``(aa) denial of any
Federal financial assistance
under this Act or the National
Flood Insurance Act of 1968;
``(bb) denial of any
Federal financial assistance
for acquisition or construction
purposes under this Act or the
National Flood Insurance Act of
1968;
``(cc) denial of any
Federal financial assistance
under sections 404, 408, and
425 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act for damage as a
result, in whole or in part, of
a flood; or
``(dd) loss of value to the
property.
``(ii) Recording of certification.--
``(I) In general.--The individual
homeowner shall file the certification
required under clause (i) with the
appropriate State or local agency
responsible for recording deeds, liens,
or mortgages of real property in which
the property that is the subject of
such certification is located.
``(II) Effect of recording.--The
recording of the certification under
clause (i) shall--
``(aa) attach to the
property that is the subject of
such certification; and
``(bb) bind the current
owner of the property and all
future owners of the property,
including successor in
interests, assigns, or heirs,
who at any time hold title to
all or any portion of such
property.
``(III) Voluntary release.--
``(aa) In general.--The
current owner and any future
owner, the personal
representative of any such
owner, the estate of any
deceased owner, or any
qualified heir of a deceased
owner (as such term is defined
in section 2032A(e) of the
Internal Revenue Code) may
voluntarily file a document
terminating the effect of the
certification required under
clause (i) with the appropriate
State or local agency
responsible for recording,
deeds, liens, or mortgages of
real property in which the
affected real property interest
is located.
``(bb) Effect.--The effect
of filing any termination under
item (aa) shall be to void the
certification under clause (i).
``(C) Base flood elevation requirements.--An
individual homeowner that has elected not to purchase
flood insurance under this paragraph with respect to
property owned by such individual shall not be required
to comply with any base flood elevation requirements
under this Act or the National Flood Insurance Act of
1968 for such property.''.
SEC. 3. ENSURING THAT COMMUNITIES ARE NOT ADVERSELY AFFECTED BY
INDIVIDUALS WHO OPT-OUT.
(a) Land Use Controls.--Section 1315(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4022(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) No penalty for areas where individuals opt-out.--The
prohibition described under paragraph (1) shall not be
construed to apply to any area that has complied with
requirements under that paragraph but for those individuals
that have elected to opt-out of the flood insurance program
under section 102(c)(3) of the Flood Disaster Protection Act of
1973.''.
(b) Financial Assistance.--Section 202 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4106) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) No Penalty for Areas Where Individuals Opt-Out.--
``(1) In general.--The prohibition described under
subsection (a) shall not be construed to apply to any community
that has complied with requirements under that subsection but
for those individuals that have elected to opt-out of the flood
insurance program under section 102(c)(3).
``(2) Rule of construction.--Nothing in this subsection
shall be construed to require any Federal agency or officer to
provide any financial assistance for acquisition or
construction purposes to any individuals that have elected to
opt-out of the flood insurance program under section
102(c)(3).''.
(c) Mitigation Assistance.--Section 1366(c) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c(c)) is amended by adding at the
end the following new sentence: ``A State or community shall not be
considered ineligible to receive financial assistance under this
section for mitigation activities solely because individuals in that
State or community have elected to opt-out of the flood insurance
program under section 102(c)(3) of the Flood Disaster Protection Act of
1973.''.
SEC. 4. DENIAL OF RELIEF UNDER STAFFORD ACT.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:
``SEC. 427. DENIAL OF ASSISTANCE FOR INDIVIDUALS WHO HAVE OPTED-OUT OF
THE FLOOD INSURANCE PROGRAM.
``(a) In General.--No individual or household shall receive any
assistance under section 404, 408, or 425, with respect to property
owned by that individual or household, if such assistance is needed as
a result, in whole or in part, of a flood, and such individual or
household has elected with respect to such property to opt-out of the
flood insurance program under section 102(c)(3) of the Flood Disaster
Protection Act of 1973.
``(b) Definition of Flood.--As used in this section, the term
`flood' has the same meaning as in section 1370 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4121).'' | Flood Insurance Choice Act of 2007 - Amends the Flood Disaster Protection Act of 1973 to permit an individual homeowner not to purchase property flood insurance, even for property in a special flood hazard area, if he or she submits certain written certifications to the Administrator of the Federal Emergency Management Agency (FEMA) and the state, community, or local official responsible for zoning and building codes.
Declares that such homeowner shall not be required to comply with certain base flood elevation requirements.
Amends the National Flood Insurance Act of 1968, with respect to land use controls, financial assistance and mitigation assistance, to shield from penalties for non-compliance those areas that have complied with its requirements but where individuals have opted out pursuant to this Act.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to deny assistance for individuals who have opted-out of the flood insurance program. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missing Persons Authorities
Improvement Act of 1997''.
SEC. 2. IMPROVEMENT OF MISSING PERSONS AUTHORITIES APPLICABLE TO
DEPARTMENT OF DEFENSE.
(a) Applicability to Department of Defense Civilian Employees and
Contractor Employees.--(1) Section 1501 of title 10, United States
Code, is amended--
(A) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) Covered Persons.--Section 1502 of this title applies in the
case of the following persons:
``(1) Any member of the armed forces on active duty who
becomes involuntarily absent as a result of a hostile action,
or under circumstances suggesting that the involuntary absence
is a result of a hostile action, and whose status is
undetermined or who is unaccounted for.
``(2)(A) Any other person who is a citizen of the United
States and is described in subparagraph (B) who serves with or
accompanies the armed forces in the field under orders and
becomes involuntarily absent as a result of a hostile action,
or under circumstances suggesting that the involuntary absence
is a result of a hostile action, and whose status is
undetermined or who is unaccounted for.
``(B) A person described in this subparagraph is any of the
following:
``(i) A civilian officer or employee of the
Department of Defense.
``(ii) An employee of a contractor of the
Department of Defense.
``(iii) An employee of a United States firm
licensed by the United States under section 38 of the
Arms Export Control Act (22 U.S.C. 2778) to perform
duties under contract with a foreign government
involving military training of the military forces of
that government in accordance with policies of the
Department of Defense.''; and
(B) by adding at the end the following new subsection:
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes--
``(1) in the case of a person covered by clause (i) of
subsection (c)(2)(B), the Secretary of the military department
or head of the element of the Department of Defense employing
the employee;
``(2) in the case of a person covered by clause (ii) of
subsection (c)(2)(B), the Secretary of the military department
or head of the element of the Department of Defense contracting
with the contractor; and
``(3) in the case of a person covered by clause (iii) of
subsection (c)(2)(B), the Secretary of Defense.''.
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one military
officer'' and inserting in lieu thereof ``one individual
described in paragraph (2)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to
a civilian employee of the Department of Defense or of a
contractor of the Department of Defense.''.
(3) Section 1504(d) of such title is amended--
(A) in paragraph (1), by striking out ``who are'' and all
that follows in that paragraph and inserting in lieu thereof
``as follows:
``(A) In the case of a board that will inquire into the
whereabouts and status of one or more members of the armed
forces (and no civilians described in subparagraph (B)), the
board shall be composed of officers having the grade of major
or lieutenant commander or above.
``(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian employees of the
Department of Defense or contractors of the Department of
Defense (and no members of the armed forces), the board shall
be composed of--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay is equal
to or greater than the rate of annual pay payable for
grade GS-13 of the General Schedule under section 5332
of title 5; and
``(ii) such members of the armed forces as the
Secretary considers advisable.
``(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members of the armed
forces and one or more civilians described in subparagraph
(B)--
``(i) the board shall include at least one officer
described in subparagraph (A) and at least one employee
of the Department of Defense described in subparagraph
(B)(i); and
``(ii) the ratio of such officers to such employees
on the board shall be roughly proportional to the ratio
of the number of members of the armed forces who are
subjects of the board's inquiry to the number of
civilians who are subjects of the board's inquiry.'';
and
(B) in paragraph (4), by striking out ``section
1503(c)(3)'' and inserting in lieu thereof ``section
1503(c)(4)''.
(4) Paragraph (1) of section 1513 of such title is amended to read
as follows:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active duty
who is in a missing status; or
``(B) a civilian employee of the Department of
Defense or an employee of a contractor of the
Department of Defense who serves with or accompanies
the armed forces in the field under orders and who is
in a missing status.
Such term includes an unaccounted for person described in
section 1509(b) of this title, under the circumstances
specified in the last sentence of section 1509(a) of this
title.''.
(b) Report on Preliminary Assessment of Status.--(1) Section 1502
of such title is amended--
(A) in subsection (a)(2)--
(i) by striking out ``10 days'' and inserting in
lieu thereof ``48 hours''; and
(ii) by striking out ``Secretary concerned'' and
inserting in lieu thereof ``theater component commander
with jurisdiction over the missing person'';
(B) in subsection (a), as amended by subparagraph (A)--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(ii) by inserting ``(1)'' after ``Commander.--'';
and
(iii) by adding at the end the following new
paragraph:
``(2) However, if the commander determines that operational
conditions resulting from hostile action or combat constitute an
emergency that prevents timely reporting under paragraph (1)(B), the
initial report should be made as soon as possible, but in no case later
than ten days after the date on which the commander receives such
information under paragraph (1).'';
(C) by redesignating subsection (b) as subsection (c);
(D) by inserting after subsection (a), as amended by
subparagraphs (A) and (B), the following new subsection (b):
``(b) Transmission Through Theater Component Commander.--Upon
reviewing a report under subsection (a) recommending that a person be
placed in a missing status, the theater component commander shall
ensure that all necessary actions are being taken, and all appropriate
assets are being used, to resolve the status of the missing person. Not
later than 14 days after receiving the report, the theater component
commander shall forward the report to the Secretary of Defense or the
Secretary concerned in accordance with procedures prescribed under
section 1501(b) of this title. The theater component commander shall
include with such report a certification that all necessary actions are
being taken, and all appropriate assets are being used, to resolve the
status of the missing person.''; and
(E) in subsection (c), as redesignated by subparagraph (C),
by adding at the end the following new sentence: ``The theater
component commander through whom the report with respect to the
missing person is transmitted under subsection (b) shall ensure
that all pertinent information relating to the whereabouts and
status of the missing person that results from the preliminary
assessment or from actions taken to locate the person is
properly safeguarded to avoid loss, damage, or modification.''.
(2) Section 1503(a) of such title is amended by striking out
``section 1502(a)'' and inserting in lieu thereof ``section 1502(b)''.
(3) Section 1504 of such title is amended by striking out ``section
1502(a)(2)'' in subsections (a), (b), and (e)(1) and inserting in lieu
thereof ``section 1502(a)''.
(4) Section 1513 of such title is amended by adding at the end the
following new paragraph:
``(8) The term `theater component commander' means, with
respect to any of the combatant commands, an officer of any of
the armed forces who (A) is commander of all forces of that
armed force assigned to that combatant command, and (B) is
directly subordinate to the commander of the combatant
command.''.
(c) Frequency of Subsequent Reviews.--Subsection (b) of section
1505 of such title is amended to read as follows:
``(b) Frequency of Subsequent Reviews.--(1) In the case of a
missing person who was last known to be alive or who was last suspected
of being alive, the Secretary shall appoint a board to conduct an
inquiry with respect to a person under this subsection--
``(A) on or about three years after the date of the initial
report of the disappearance of the person under section 1502(a)
of this title; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph (1), the
Secretary shall appoint a board to conduct an inquiry with respect to a
missing person under this subsection upon receipt of information that
could result in a change of status of the missing person. When the
Secretary appoints a board under this paragraph, the time for
subsequent appointments of a board under paragraph (1)(B) shall be
determined from the date of the receipt of such information.
``(3) The Secretary is not required to appoint a board under
paragraph (1) with respect to the disappearance of any person--
``(A) more than 30 years after the initial report of the
disappearance of the missing person required by section 1502(a)
of this title; or
``(B) if, before the end of such 30-year period, the
missing person is accounted for.''.
(d) Penalties for Wrongful Withholding of Information.--Section
1506 of such title is amended by adding at the end the following new
subsection:
``(f) Wrongful Withholding.--Any person who (except as provided in
subsections (a) through (d)) willfully withholds, or directs the
withholding of, any information relating to the disappearance or
whereabouts and status of a missing person from the personnel file of
that missing person, knowing that such information is required to be
placed in the personnel file of the missing person, shall be fined as
provided in title 18 or imprisoned not more than one year, or both.''.
(e) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of such title is amended by adding at the end the
following new paragraphs:
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not
identifiable through visual means, a certification by a
practitioner of an appropriate forensic science that the body
recovered is that of the missing person.''.
(f) Missing Person's Counsel.--(1) Sections 1503(f)(1) and
1504(f)(1) of such title are amended by adding at the end the
following: ``The identity of counsel appointed under this paragraph for
a missing person shall be made known to the missing person's primary
next of kin and any other previously designated person of the
person.''.
(2) Section 1503(f)(4) of such title is amended by adding at the
end the following: ``The primary next of kin of a missing person and
any other previously designated person of the missing person shall have
the right to submit information to the missing person's counsel
relative to the disappearance or status of the missing person.''.
(3) Section 1505(c)(1) is amended by adding at the end the
following: ``The Secretary concerned shall appoint counsel to represent
any such missing person to whom such information may be related. The
appointment shall be in the same manner, and subject to the same
provisions, as an appointment under section 1504(f)(1) of this
title.''.
(g) Scope of Preenactment Review.--(1) Section 1509 of such title
is amended by striking out subsection (a) and inserting in lieu thereof
the following:
``(a) Review of Status.--(1) If new information is found or
received that may be related to one or more unaccounted for persons
described in subsection (b) (whether or not such information
specifically relates (or may specifically relate) to any particular
such unaccounted for person), that information shall be provided to the
Secretary of Defense. Upon receipt of such information, the Secretary
shall ensure that the information is treated under paragraphs (2) and
(3) of section 1505(c) of this title and under section 1505(d) of this
title in the same manner as information received under paragraph (1) of
section 1505(c) of this title. For purposes of the applicability of
other provisions of this chapter in such a case, each such unaccounted
for person to whom the new information may be related shall be
considered to be a missing person.
``(2) The Secretary concerned shall appoint counsel to represent
each such unaccounted for person to whom the new information may be
related. The appointment shall be in the same manner, and subject to
the same provisions, as an appointment under section 1504(f)(1) of this
title.
``(3) For purposes of this subsection, new information is
information that--
``(A) is found or received after the date of the enactment
of the Missing Persons Improvement Act of 1997 by a United
States intelligence agency, by a Department of Defense agency,
or by a person specified in section 1504(g) of this title; or
``(B) is identified after the date of the enactment of the
Missing Persons Improvement Act of 1997 in records of the
United States as information that could be relevant to the case
of one or more unaccounted for persons described in subsection
(b).''.
(2) Such section is further amended by adding at the end the
following new subsection:
``(d) Establishment of Personnel Files for Korean Conflict Cases.--
The Secretary of Defense shall ensure that a personnel file is
established for each unaccounted for person who is described in
subsection (b)(1). Each such file shall be handled in accordance with,
and subject to the provisions of, section 1506 of this title in the
same manner as applies to the file of a missing person.''.
(h) Withholding of Classified Information.--Section 1506(b) of such
title is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2) If classified information withheld under this subsection
refers to one or more unnamed missing persons, the Secretary shall
ensure that notice of that withheld information, and notice of the date
of the most recent review of the classification of that withheld
information, is made reasonably accessible to family members of missing
persons.''.
(i) Withholding of Privileged Information.--Section 1506(d) of such
title is amended--
(1) in paragraph (2)--
(A) by striking out ``non-derogatory'' both places
it appears in the first sentence;
(B) by inserting ``or about unnamed missing
persons'' in the first sentence after ``the debriefing
report'';
(C) by striking out ``the missing person'' in the
second sentence and inserting in lieu thereof ``each
missing person named in the debriefing report''; and
(D) by adding at the end the following new
sentence: ``Any information contained in the extract of
the debriefing report that pertains to unnamed missing
persons shall be made reasonably accessible to family
members of missing persons.''; and
(2) in paragraph (3)--
(A) by inserting ``, or part of a debriefing
report,'' after ``a debriefing report''; and
(B) by adding at the end the following new
sentence: ``Whenever the Secretary withholds a
debriefing report, or part of a debriefing report,
containing information on unnamed missing persons from
accessibility to families of missing persons under this
section, the Secretary shall ensure that notice that
the withheld debriefing report exists is made
reasonably accessible to family members of missing
persons.''. | Missing Persons Authorities Improvement Act of 1997 - Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighter Investment and Response
Enhancement (FIRE) Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Increased demands on firefighting personnel have made
it difficult for local governments to adequately fund necessary
fire safety precautions.
(2) The Federal government has an obligation to protect the
health and safety of the firefighting personnel of the United
States and to ensure that they have the financial resources to
protect the public.
(3) The high rates in the United States of death, injury,
and property damage caused by fires demonstrates a critical
need for Federal investment in support of firefighting
personnel.
SEC. 3. GRANT PROGRAM.
(a) Authority.--In accordance with this Act, the Director of the
Federal Emergency Management Agency (in this Act referred to as the
``Director'') may make grants on a competitive basis to fire
departments for the purpose of protecting the health and safety of the
public and firefighting personnel against fire and fire-related
hazards.
(b) Establishment of Office for Administration of Grants.--Before
making grants under subsection (a), the Director shall establish an
office in the Federal Emergency Management Agency to establish spe-
cific criteria for the selection of grant recipients and to administer
the grants.
(c) Use of Grant Funds.--The Director may make a grant under
subsection (a) only if the applicant for the grant agrees to use grant
funds for any of the following:
(1) To hire additional firefighting personnel.
(2) To train firefighting personnel in firefighting,
emergency response, arson prevention and detection, or the
handling of hazardous materials, or to train such personnel to
provide any of the training described in this paragraph.
(3) To fund the creation of rapid intervention teams to
protect firefighting personnel at the scenes of fires and other
emergencies.
(4) To certify fire inspectors.
(5) To establish wellness and fitness programs for
firefighting personnel to ensure that such personnel can carry
out their duties.
(6) To fund emergency medical services provided by fire
departments.
(7) To acquire additional firefighting vehicles, including
fire trucks.
(8) To acquire additional firefighting equipment, including
equipment for communications and monitoring.
(9) To acquire personal protective equipment required for
firefighting personnel by the Occupational Safety and Health
Administration, and other personal protective equipment for
firefighting personnel.
(10) To modify fire stations, fire training facilities, and
other facilities to protect the health and safety of
firefighting personnel.
(11) To enforce fire codes.
(12) To fund fire prevention programs.
(13) To educate the public about arson prevention and
detection.
(d) Matching Requirement.--The Director may make a grant under
subsection (a) only if the applicant for the grant agrees to match with
non-Federal funds 10 percent of the funds received under subsection (a)
in any fiscal year.
(e) Maintenance of Expenditures--The Director may make a grant
under subsection (a) only if the applicant for the grant agrees to
maintain for the fiscal year in which the grant will be received its
aggregate expenditures for uses described in subsection (c) at or above
the average level of such expenditures in the 2 fiscal years preceding
the fiscal year in which the grant will be received.
(f) Report to the Director.--The Director may make a grant under
subsection (a) only if the applicant for the grant agrees to submit to
the Director a report, including a description of how grant funds were
used, with respect to each fiscal year for which a grant was received.
(g) Variety of Grant Recipients.--The Director shall ensure that
grants under subsection (a) for a fiscal year are made to a variety of
fire departments, including, to the extent that there are eligible
applicants--
(1) paid, volunteer, and combination fire departments;
(2) fire departments located in communities of varying
size; and
(3) fire departments located in urban, suburban, and rural
communities.
(h) Limitation on Firefighting Vehicles.--The Director shall ensure
that not more than 25 percent of the assistance made available under
subsection (a) in a fiscal year is used for purposes authorized under
section (c)(7).
(i) Limitation on Administrative Costs.--Of amounts made available
under section 4 for a fiscal year, the Director may use not more than
10 percent for the administrative costs of carrying out this Act.
(j) Application.--The Director may make a grant under subsection
(a) only if the fire department seeking the grant submits to the
Director an application in such form and containing such information as
the Director may require.
(k) Firefighting Personnel Defined.--In this Act the term
``firefighting personnel'' means individuals, including volunteers, who
are firefighters, officers of fire departments, or emergency medical
service personnel of fire departments.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
For the purposes of carrying out this Act, there is authorized to
be appropriated to the Director $1,000,000,000 for each of the fiscal
years 2000 through 2005. | Requires the FEMA Director to establish an office to set specific criteria for the selection of grant recipients and administer the grants.
Authorizes appropriations. | billsum_train |
Condense the following text into a summary: SECTION 1. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Arizona.
(3) Tribe.--The term ``Tribe'' means the Pascua Yaqui
Tribe.
SEC. 2. ACQUISITION OF SUBSURFACE MINERAL INTERESTS FROM THE STATE FOR
THE TRIBE.
(a) Acquisition Authorized.--The Secretary shall acquire, by use of
the powers of eminent domain, and the Department of Justice is
authorized to act on behalf of the Secretary to do so, pursuant to the
laws and regulations of the United States governing use of the power of
eminent domain, but only with the consent of the State, the following:
(1) Any trust mineral estate of the State located beneath
the surface estates of the Tribe in land consisting of
approximately 436.18 acres in Pima County, Arizona.
(2) Any trust mineral estate of the State located beneath
the surface estates held in trust for the Tribe in land
consisting of approximately 140.18 acres in Pima County,
Arizona.
(b) Consideration.--Subject to subsection (c), as consideration for
the acquisition of subsurface mineral interests by the United States
pursuant to subsection (a), the Tribe shall pay to the State an amount
equal to the market value of those subsurface mineral interests as
determined by--
(1) a mineral assessment completed--
(A) by a team of mineral specialists agreed upon by
the State and the Tribe; and
(B) reviewed, and accepted as complete and accurate
by a certified review mineral examiner of the Bureau of
Land Management;
(2) negotiation between the Tribe and the State in order to
arrive at a mutually agreed price; or
(3) in the event the Tribe and the State cannot arrive at a
mutually agreed price, an appraisal report completed in
accordance with subsection (d)--
(A) by the State and reviewed by the Tribe; and
(B) if requested by the Tribe through the Bureau of
Indian Affairs, reviewed and accepted as complete and
accurate by the Office of the Special Trustee for
American Indians in the Department of the Interior.
(c) Conditions of Acquisition.--The Secretary may make the
acquisition under subsection (a) only if--
(1) the payment to the State required under subsection (b)
is accepted by the State as full consideration for the
subsurface mineral interests acquired by the United States
under subsection (a); and
(2) the acquisition terminates all right, title, and
interest of all parties other than the United States in and to
the acquired subsurface mineral interests.
(d) Determination of Market Value.--Notwithstanding any other
provision of law, unless State and Tribe shall otherwise agree to a
stipulated market value, the value of the subsurface mineral interests
acquired by the United States under this section shall be determined in
accordance with the Uniform Appraisal Standards for Federal Land
Acquisition, as published by the Appraisal Institute in 2000 in
cooperation with the Department of Justice. Any appraisal shall be
subject to the review and acceptance by the Land Department of the
State and the Office of Special Trustee for American Indians in the
Department of the Interior.
(e) Description of Land.--The exact acreage and legal descriptions
of the land and interests in land acquired by the United States under
this section shall be determined by surveys that are satisfactory to
the Secretary and the State.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the acquisition
of subsurface interests in land under this section as the Secretary
considers appropriate to protect the interests of the United States and
any valid existing rights.
SEC. 3. INTERESTS IN LAND TAKEN INTO TRUST FOR THE TRIBE.
(a) Land Transferred.--Notwithstanding any other provision of law,
after the Tribe makes the payment described in subsection (b), the
Secretary shall take into trust for the benefit of the Tribe the
subsurface rights, formerly reserved to the United States, to the
approximately 360.23 acres of land located in Pima County, Arizona, the
surface rights to which are held in trust for the benefit of the Tribe.
(b) Consideration and Costs.--The Tribe shall pay to the Secretary
all transaction costs associated with assessment, review, and transfer
of the interest in the estate authorized to be taken into trust
pursuant to subsection (a).
(c) Determination of Fair Market Value.--Notwithstanding any other
provision of law, unless the Secretary and the Tribe agree to a
stipulated fair market value, the value of the subsurface mineral
interests taken into trust under this section shall be determined in
accordance with the Uniform Appraisal Standards for Federal Land
Acquisition, as published by the Appraisal Institute in 2000 in
cooperation with the Department of Justice.
(d) Description of Land.--The exact acreage and legal description
of the land described in subsection (a) shall be determined by the
Secretary. | Directs the Secretary of the Interior to acquire, by use of eminent domain, subsurface mineral rights to certain land owned by the Pascua Yaqui Tribe and certain land held in trust for the Tribe in Arizona.
Requires the Secretary to take such interests into trust for the Tribe's benefit. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counterfeit Drug Enforcement Act''.
SEC. 2. RECALL AUTHORITY REGARDING DRUGS.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C
the following section:
``SEC. 506D. RECALL AUTHORITY.
``(a) Order to Cease Distribution of Drug; Notification of Health
Professionals.--
``(1) In general.--If the Secretary finds that there is a
reasonable probability that a drug intended for human use would
cause serious, adverse health consequences or death, the
Secretary shall issue an order requiring the appropriate person
(including the manufacturers, importers, distributors, or
retailers of the drug)--
``(A) to immediately cease distribution of the
drug; and
``(B) to immediately notify health professionals of
the order and to instruct such professionals to cease
administering or prescribing the drug.
``(2) Informal hearing.--An order under paragraph (1) shall
provide the person subject to the order with an opportunity for
an informal hearing, to be held not later than 10 days after
the date of the issuance of the order, on the actions required
by the order and on whether the order should be amended to
require a recall of the drug involved. If, after providing an
opportunity for such a hearing, the Secretary determines that
inadequate grounds exist to support the actions required by the
order, the Secretary shall vacate the order.
``(b) Order to Recall Drug.--
``(1) In general.--If, after providing an opportunity for
an informal hearing under subsection (a)(2), the Secretary
determines that the order should be amended to include a recall
of the drug with respect to which the order was issued, the
Secretary shall, except as provided in paragraphs (2) and (3),
amend the order to require a recall. The Secretary shall
specify a timetable in which the drug recall will occur and
shall require periodic reports to the Secretary describing the
progress of the recall.
``(2) Certain actions.--An amended order under paragraph
(1)--
``(A) shall not include recall of a drug from
individuals; and
``(B) shall provide for notice to individuals
subject to the risks associated with the use of the
drug.
``(3) Assistance of health professionals.--In providing the
notice required by paragraph (2)(B), the Secretary may use the
assistance of health professionals who administered the drug
involved to individuals or prescribed the drug for individuals.
If a significant number of such individuals cannot be
identified, the Secretary shall notify such individuals
pursuant to section 705(b).''.
SEC. 3. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE
ADULTERATED OR MISBRANDED; KNOWING PURCHASE OR TRADE.
(a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the
following paragraph:
``(3) Notwithstanding paragraph (1) or (2), in the case of a person
who violates section 301(a), 301(b), or 301(c) with respect to a drug
that is subject to section 503(b)(1)(B), if the person knowingly caused
the drug to be adulterated or misbranded and sells or trades the drug,
or the person purchases or trades for the drug knowing or having reason
to know that the drug was knowingly caused to be adulterated or
misbranded, the person shall be fined in accordance with title 18,
United States Code, or imprisoned for any term of years or for life, or
both.''.
(b) Notification of Food and Drug Administration by
Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(k)) is amended by adding at the end the following
paragraph:
``(3) A manufacturer of a drug that receives or otherwise becomes
aware of information that reasonably suggests that a violation
described in section 303(a)(3) may have occurred with respect to the
drug shall report such information to the Secretary not later than 48
hours after first receiving or otherwise becoming aware of the
information.''.
(c) Increased Funding for Inspections, Examinations, and
Investigations.--For the purpose of increasing the capacity of the Food
and Drug Administration to conduct inspections, examinations, and
investigations under the Federal Food, Drug, and Cosmetic Act with
respect to violations described in section 303(a)(3) of such Act, there
is authorized to be appropriated $60,000,000 for each of the fiscal
years 2004 through 2008, in addition to other authorizations of
appropriations that are available for such purpose.
SEC. 4. OTHER CRIMINAL PENALTIES; CLARIFICATION REGARDING FINES.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``shall be
imprisoned'' and all that follows and inserting the
following: ``shall be fined in accordance with title
18, United States Code, or imprisoned not more than one
year, or both.''; and
(B) in paragraph (2), by striking ``shall be
imprisoned'' and all that follows and inserting the
following: ``shall be fined in accordance with title
18, United States Code, or imprisoned not more than
three years, or both.''; and
(2) in subsection (b)(1), in the matter after and below
subparagraph (D), by striking ``shall be imprisoned'' and all
that follows an inserting the following: ``shall be fined in
accordance with title 18, United States Code, or imprisoned not
more than 10 years, or both.''. | Counterfeit Drug Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, upon a finding of reasonable probability that a drug intended for human use would cause serious health consequences or death, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to: (1) cease distribution of the drug; (2) notify health professionals of the order and instruct such professionals to cease administering or prescribing the drug; and (3) amend the order to include a recall if necessary.
Provides a criminal fine and/or imprisonment for a person who knowingly caused a prescription drug to be adulterated or misbranded and sells or trades the drug, or who purchased or traded for the drug knowing or having reason to know that the drug was knowingly adulterated or misbranded.
Provides additional funding for Food and Drug Administration (FDA) inspections and investigations.
Modifies provisions pertaining to criminal penalties for committing certain prohibited acts involving food, drugs, devices, or cosmetics to: (1) make a violation punishable by a fine in accordance with Federal criminal law, imprisonment for not more than one year, or both; (2) make a second violation, or a violation committed with intent to defraud or mislead, punishable by a fine in accordance with Federal criminal law, imprisonment for not more than three years, or both; and (3) make a violation of provisions pertaining to prescription drug marketing punishable by a fine in accordance with Federal criminal law, imprisonment for not more than ten years, or both. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Safety Net Act of
2006''.
SEC. 2. REDISTRIBUTION AND EXTENDED AVAILABILITY OF UNEXPENDED MEDICAID
DSH ALLOTMENTS.
Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f))
is amended--
(1) in paragraph (3)(A), by striking ``paragraph (5)'' and
inserting ``paragraphs (5) and (7)'';
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6), the following new
paragraph:
``(7) Redistribution and extended availability of
unexpended allotments.--
``(A) Establishment of redistribution pool.--
``(i) In general.--Subject to clauses (ii)
and (iii), the Secretary shall establish, as of
October 1 of fiscal year 2007, and of each
fiscal year thereafter, the following
redistribution pool:
``(I) In the case of fiscal year
2007, a $150,000,000 redistribution
pool from the total amount of the
unexpended State DSH allotments for
fiscal year 2004.
``(II) In the case of fiscal year
2008, a $250,000,000 redistribution
pool from the total amount of the
unexpended State DSH allotments for
fiscal year 2005.
``(III) In the case of fiscal year
2009 and each succeeding fiscal year
thereafter, a $400,000,000
redistribution pool from the total
amount of the unexpended State DSH
allotments for the third preceding
fiscal year.
``(ii) Unexpended state dsh allotments.--If
a State claims Federal financial participation
for a payment adjustment made under this
section for a fiscal year from which a
redistribution pool of unexpended State DSH
allotments has already been created under
clause (i), then, for purposes of this
paragraph, the total amount of unexpended State
DSH allotments in the fiscal year following the
State claim for such Federal financial
participation, shall be reduced by the Federal
financial participation related to such claim.
``(iii) Reduction in amounts available.--If
the total amount of the unexpended State DSH
allotments for a fiscal year (taking into
account any adjustment to such amount required
under clause (ii)) is less than the amount
necessary to provide, for such fiscal year, the
redistribution pool described in clause (i) and
the amounts to be made available for grants
under section 3(g) of the Strengthening the
Safety Net Act of 2006 for such fiscal year,
the Secretary shall reduce the amounts that are
to be available for the redistribution pool
under this paragraph and grants under such
section, respectively, to such total amount.
``(B) Redistribution.--
``(i) In general.--Not later than October
1, 2006, and October 1 of each year thereafter,
the Secretary shall allot the redistribution
pool established for that fiscal year among
eligible States.
``(ii) Priority.--In making allotments
under clause (i), the Secretary shall give
priority--
``(I) first to eligible States
described in paragraph (5)(B) (without
regard to the requirement that total
expenditures under the State plan for
disproportionate share hospital
adjustments for fiscal year 2000 is
greater than 0); and
``(II) then to eligible States
whose State DSH allotment per medicaid
enrollee and uninsured individual for
the third preceding fiscal year is
below the national average DSH
allotment per medicaid enrollee and
uninsured individual for that fiscal
year.
``(C) Expenditure rules.--An amount allotted to a
State from the redistribution pool established for a
fiscal year--
``(i) shall not be included in the
determination of the State's DSH allotment for
any fiscal year under this section;
``(ii) notwithstanding any other provision
of law, shall remain available for expenditure
by the State through the end of the second
fiscal year after the fiscal year in which the
allotment from the redistribution pool is made
for expenditures incurred in any of such fiscal
years; and
``(iii) shall only be used to make payment
adjustments to disproportionate share hospitals
in accordance with the requirements of this
section.
``(D) Definitions.--In this paragraph:
``(i) Eligible state.--The term `eligible
State' means, with respect to the fiscal year
from which a redistribution pool is established
under subparagraph (A)(i), a State that has
expended at least 90 percent of the State DSH
allotment for that fiscal year by the end of
the succeeding fiscal year.
``(ii) State dsh allotment per medicaid
enrollee and uninsured individual.--The term
`State DSH allotment per medicaid enrollee and
uninsured individual' means the amount equal to
the State DSH allotment for a fiscal year
divided by the sum of the number of individuals
who received medical assistance under the State
program under this title for that fiscal year
and the number of State residents with no
health insurance coverage for that fiscal year,
as determined by the Bureau of the Census.
``(iii) National average dsh allotment per
medicaid enrollee and uninsured individual.--
The term `national average DSH allotment per
medicaid enrollee and uninsured individual'
means the amount equal to the total amount of
State DSH allotments for a fiscal year divided
by the sum of the total number of individuals
who received medical assistance under a State
program under this title for that fiscal year
and the total number of residents with respect
to all States who did not have health insurance
coverage for that fiscal year, as determined by
the Bureau of the Census.''.
SEC. 3. HEALTH SERVICES FOR THE UNINSURED.
(a) Demonstration Grants to Health Access Networks.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall award
demonstration grants to health access networks.
(2) Application.--Each applying health access network shall
submit a plan that meets the requirements of subsection (c) for
the purpose of improving access, quality, and continuity of
care for uninsured individuals through better coordination of
care by the network.
(3) Authority to limit number of grants.--The number of
demonstration grants awarded under this section shall be
limited, in the discretion of the Secretary, so that grants are
sufficient to permit grantees to provide patient care services
to no fewer than the number of uninsured individuals specified
by each network in its grant application.
(b) Definition of Health Access Network.--
(1) In general.--In this section, the term ``health access
network'' means a collection of safety net providers, including
hospitals, community health centers, public health departments,
physicians, safety net health plans, or other recognized safety
net providers organized for the purpose of restructuring and
improving the access, quality, and continuity of care to the
uninsured and underinsured, that offers patients access to all
levels of care, including primary, outpatient, specialty,
certain ancillary services, and acute inpatient care, within a
community or across a broad spectrum of providers across a
service region or State.
(2) Inclusion of section 330 networks and plans.--The term
``health access network'' includes networks and plans that meet
the requirements for funding under section 330(e)(1)(C) of the
Public Health Service Act (42 U.S.C. 254b(e)(1)(C)).
(3) Inclusion of integrated health care systems.--
(A) In general.--Such term also includes an
integrated health care system (including a pediatric
system).
(B) Definition of integrated health care system.--
For purposes of this section, an integrated health care
system (including a pediatric system) is a health care
provider that is organized to provide care in a
coordinated fashion and assures access to a full range
of primary, specialty, and hospital care, to uninsured
and under-insured individuals, as appropriate.
(c) Plan Requirements.--
(1) In general.--A health access network that desires a
grant under this section shall submit a plan to the Secretary
that details how the network intends to--
(A) manage costs associated with the provision of
health care services to uninsured and underinsured
individuals served by the health access network;
(B) improve access to, and the availability of,
health care services provided to uninsured and
underinsured individuals served by the health access
network;
(C) enhance the quality and coordination of health
care services provided to uninsured and underinsured
individuals served by the health access network;
(D) improve the health status of uninsured and
underinsured individuals served by the health access
network; and
(E) reduce health disparities in the population of
uninsured and underinsured individuals served by the
health access network.
(2) Identification of measurable goals.--The health access
network shall--
(A) identify in the plan measurable performance
targets for at least 3 of the goals described in
paragraph (1); and
(B) agree that a portion of the payment of grant
funds for patient care services after the first year
for which such payment is made shall be contingent upon
the health access network demonstrating success in
achieving such targets.
(d) Use of Funds.--A health access network that receives funds
under this section shall expend--
(1) an amount equal to not less than 90 percent of such
funds for direct patient care services; and
(2) an amount equal to not more than 10 percent of such
funds for the network's operation and development for the
purpose of improving the efficiency and effectiveness of the
business and clinical operations of providers within the health
access network, including through the integration of management
information systems (including development and implementation
of electronic medical records) and financial, administrative,
or clinical functions across providers.
(e) Rule of Construction Regarding Direct Patient Care Services.--
With respect to health access networks described in subsection (b)(2),
the term ``direct patient care services'' shall be construed to mean
the provision or purchase of services, such as specialty medical care
and diagnostic services, that are not available or are insufficiently
available through the network's providers. In purchasing such services
for uninsured and underinsured individuals, networks shall, to the
maximum extent feasible, endeavor to purchase such services from safety
net providers.
(f) Supplement, not supplant.--Funds paid to a health access
network under a grant made under this section shall supplement and not
supplant, other Federal or State payments that are made to the health
access network to support the provision of health care services to low-
income or uninsured patients.
(g) Funding.--
(1) Transfer of portion of unexpended dsh allotments.--
Notwithstanding any other provision of law, as of October 1 of
fiscal year 2007, and each fiscal year thereafter, amounts
described in paragraph (2) are hereby transferred from the
total amount of the unexpended State DSH allotments under
section 1923 of the Social Security Act (42 U.S.C. 1396r-4) and
made available for grants under this section.
(2) Amounts made available for grants.--The amounts to be
made available under this section for each fiscal year
beginning with fiscal year 2007 are equal to the redistribution
pool amounts determined for each fiscal year under section
1923(f)(7)(A)(i) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)(i)) (as amended by section 2(3) of the Strengthening
the Safety Net Act of 2006). | Strengthening the Safety Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to provide for the redistribution and extended availability of unexpended Medicaid disproportionate share hospital (DSH) allotments.
Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care. | billsum_train |
Provide a condensed version of the following text: [Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[H.R. 437 Referred in Senate (RFS)]
1st Session
H. R. 437
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 1999
Received
February 22, 1999
Read twice and referred to the Committee on Governmental Affairs
_______________________________________________________________________
AN ACT
To provide for a Chief Financial Officer in the Executive Office of the
President.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential and Executive Office
Financial Accountability Act of 1999''.
SEC. 2. CHIEF FINANCIAL OFFICER IN THE EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) In General.--Section 901 of title 31, United States Code, is
amended by adding at the end the following:
``(c)(1) There shall be within the Executive Office of the
President a Chief Financial Officer, who shall be designated or
appointed by the President from among individuals meeting the standards
described in subsection (a)(3). The position of Chief Financial Officer
established under this paragraph may be so established in any Office
(including the Office of Administration) of the Executive Office of the
President.
``(2) The Chief Financial Officer designated or appointed under
this subsection shall, to the extent that the President determines
appropriate and in the interest of the United States, have the same
authority and perform the same functions as apply in the case of a
Chief Financial Officer of an agency described in subsection (b).
``(3) The President shall submit to Congress notification with
respect to any provision of section 902 that the President determines
shall not apply to a Chief Financial Officer designated or appointed
under this subsection.
``(4) The President may designate an employee of the Executive
Office of the President (other than the Chief Financial Officer), who
shall be deemed `the head of the agency' for purposes of carrying out
section 902, with respect to the Executive Office of the President.''.
(b) Plan for Implementation.--Not later than 90 days after the date
of the enactment of this Act, the President shall communicate in
writing to the Chairman of the Committee on Government Reform of the
House of Representatives and the Chairman of the Committee on
Governmental Affairs of the Senate a plan for implementation of the
provisions of, including the amendments made by, this Act.
(c) Deadline for Appointment.--The Chief Financial Officer
designated or appointed under section 901(c) of title 31, United States
Code (as added by subsection (a)), shall be so designated or appointed
not later than 180 days after the date of the enactment of this Act.
(d) Pay.--The Chief Financial Officer designated or appointed under
such section shall receive basic pay at the rate payable for level IV
of the Executive Schedule under section 5315 of title 5, United States
Code.
(e) Transfer of Functions.--(1) The President may transfer such
offices, functions, powers, or duties thereof, as the President
determines are properly related to the functions of the Chief Financial
Officer under section 901(c) of title 31, United States Code (as added
by subsection (a)).
(2) The personnel, assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from,
available or to be made available, of any office the functions, powers,
or duties of which are transferred under paragraph (1) shall also be so
transferred.
(f) Separate Budget Request.--Section 1105(a) of title 31, United
States Code, is amended by inserting after paragraph (30) the following
new paragraph:
``(31) a separate statement of the amount of appropriations
requested to carry out the provisions of the Presidential and
Executive Office Financial Accountability Act of 1999.''.
(g) Technical and Conforming Amendments.--Section 503(a) of title
31, United States Code, is amended--
(1) in paragraph (7) by striking ``respectively.'' and
inserting ``respectively (excluding any officer designated or
appointed under section 901(c)).''; and
(2) in paragraph (8) by striking ``Officers.'' and
inserting ``Officers (excluding any officer designated or
appointed under section 901(c)).''.
Passed the House of Representatives February 11, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Presidential and Executive Office Financial Accountability Act of 1999 - Provides, within the Executive Office of the President, for the designation or appointment of a Chief Financial Officer. Requires the Chief Financial Officer, to the extent that the President determines appropriate and in the interest of the United States, to have the same authority and perform the same functions as his or her Federal agency counterparts. Directs the President to: (1) notify the Congress of any provision of current law concerning chief financial officers that the President determines shall not apply to a Chief Financial Officer designated or appointed under this Act; and (2) communicate in writing, not later than 90 days after enactment, to the Chairman of the Committee on Government Reform and Oversight of the House and the Chairman of the Committee on Governmental Affairs of the Senate a plan for implementation of this Act. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preservation of
Antibiotics for Medical Treatment Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS
Sec. 101. Proof of safety of critical antimicrobial animal drugs.
TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE
Sec. 201. Collection of data on critical antimicrobial animal drugs
produced for agricultural use.
SEC. 2. FINDINGS.
The Congress finds that--
(1)(A) in January 2001, a Federal interagency task force
released an action plan to address the continuing decline in
effectiveness of antibiotics against common bacterial
infections, referred to as antibiotic resistance;
(B) the task force determined that antibiotic resistance is
a growing menace to all people and poses a serious threat to
public health; and
(C) the task force cautioned that if current trends
continue, treatments for common infections will become
increasingly limited and expensive, and, in some cases,
nonexistent;
(2) antibiotic resistance, resulting in a reduced number of
effective antibiotics, may significantly impair the ability of
the United States to respond to terrorist attacks involving
bacterial infections or a large influx of hospitalized
patients;
(3)(A) any overuse or misuse of antibiotics contributes to
the spread of antibiotic resistance, whether in human medicine
or in agriculture; and
(B) recognizing the public health threat caused by
antibiotic resistance, Congress took several steps to curb
antibiotic overuse in human medicine through amendments to the
Public Health Service Act (42 U.S.C. 201 et seq.) made by
section 102 of the Public Health Threats and Emergencies Act
(Public Law 106-505, title I; 114 Stat. 2315), but has not yet
addressed antibiotic overuse in agriculture;
(4) in a March 2003 report, the National Academy of
Sciences stated that--
(A) a decrease in antimicrobial use in human
medicine alone will have little effect on the current
situation; and
(B) substantial efforts must be made to decrease
inappropriate overuse in animals and agriculture;
(5)(A) an estimated 70 percent of the antibiotics and other
antimicrobial drugs used in the United States are fed to farm
animals for nontherapeutic purposes, including--
(i) growth promotion; and
(ii) compensation for crowded, unsanitary, and
stressful farming and transportation conditions; and
(B) unlike human use of antibiotics, these nontherapeutic
uses in animals typically do not require a prescription;
(6)(A) many scientific studies confirm that the
nontherapeutic use of antibiotics in agricultural animals
contributes to the development of antibiotic-resistant
bacterial infections in people;
(B) the periodical entitled ``Clinical Infectious
Diseases'' published a report in June 2002, based on a 2-year
review by experts in human and veterinary medicine, public
health, microbiology, biostatistics, and risk analysis, of more
than 500 scientific studies on the human health impacts of
antimicrobial use in agriculture; and
(C) the report recommended that antimicrobial agents should
no longer be used in agriculture in the absence of disease, but
should be limited to therapy for diseased individual animals
and prophylaxis when disease is documented in a herd or flock;
(7) the United States Geological Survey reported in March
2002 that--
(A) antibiotics were present in 48 percent of the
streams tested nationwide; and
(B) almost half of the tested streams were
downstream from agricultural operations;
(8) an April 1999 study by the General Accounting Office
concluded that resistant strains of 3 microorganisms that cause
food-borne illness or disease in humans--Salmonella,
Campylobacter, and E. coli--are linked to the use of
antibiotics in animals;
(9)(A) in January 2003, Consumer Reports published test
results on poultry products bought in grocery stores nationwide
showing disturbingly high levels of Campylobacter and
Salmonella bacteria that were resistant to antibiotics used to
treat food-borne illnesses; and
(B) further studies showed similar results in other meat
products;
(10) in October 2001, the New England Journal of Medicine
published an editorial urging a ban on nontherapeutic use of
medically important antibiotics in animals;
(11)(A) in 1999, the European Union banned the practice of
feeding medically important antibiotics to animals other than
for disease treatment or control, and prior to that, individual
European countries had banned the use of specific antibiotics
in animal feed; and
(B) those countries have experienced no significant impact
on animal health or productivity, food safety, or meat prices,
and more importantly, levels of resistant bacteria have
declined sharply;
(12) in 1998, the National Academy of Sciences noted that
antibiotic-resistant bacteria generate a minimum of
$4,000,000,000 to $5,000,000,000 in costs to United States
society and individuals yearly;
(13) a year later, the National Academy of Sciences
estimated that eliminating the use of all antibiotics as feed
additives would cost each American consumer less than $5 to $10
per year;
(14) the American Medical Association, the American Public
Health Association, the National Association of County and City
Health Officials, and the National Campaign for Sustainable
Agriculture, are among the more than 300 organizations
representing health, consumer, agricultural, environmental,
humane, and other interests that support enactment of
legislation to phase out nontherapeutic use in farm animals of
medically important antibiotics;
(15) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.)--
(A) requires that all drugs be shown to be safe
before the drugs are approved; and
(B) places the burden on manufacturers to account
for health consequences and prove safety;
(16)(A) the Food and Drug Administration recently modified
the drug approval process for antibiotics to recognize the
development of resistant bacteria as an important aspect of
safety;
(B) however, most antibiotics currently used in animal
production systems for nontherapeutic purposes were approved
before the Food and Drug Administration began giving in-depth
consideration to resistance during the drug-approval process;
and
(C) the Food and Drug Administration has not established a
schedule for reviewing those existing approvals; and
(17) certain non-routine uses of antibiotics in animal
agriculture are legitimate to prevent animal disease.
SEC. 3. PURPOSE.
The purpose of this Act is to preserve the effectiveness of
medically important antibiotics used in the treatment of human and
animal diseases by phasing out use of certain antibiotics for
nontherapeutic purposes in food-producing animals.
TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS
SEC. 101. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
(a) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(nn) Critical Antimicrobial Animal Drug.--The term `critical
antimicrobial animal drug' means a drug that--
``(1) is intended for use in food-producing animals; and
``(2) is composed wholly or partly of--
``(A) any kind of penicillin, tetracycline,
bacitracin, macrolide, lincomycin, streptogramin,
aminoglycoside, or sulfonamide; or
``(B) any other drug or derivative of a drug that
is used in humans or intended for use in humans to
treat or prevent disease or infection caused by
microorganisms.
``(oo) Nontherapeutic Use.--The term `nontherapeutic use', with
respect to a critical antimicrobial animal drug, means any use of the
drug as a feed or water additive for an animal in the absence of any
clinical sign of disease in the animal for growth promotion, feed
efficiency, weight gain, routine disease prevention, or other routine
purpose.''.
(b) Applications Pending or Submitted After Enactment.--Section
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b(d)(1)) is amended--
(1) in the first sentence--
(A) in subparagraph (H), by striking ``or'' at the
end;
(B) by redesignating subparagraph (I) as
subparagraph (J); and
(C) by inserting after subparagraph (H) the
following:
``(I) with respect to a critical antimicrobial
animal drug or a drug of the same chemical class as a
critical antimicrobial animal drug, the applicant has
failed to demonstrate that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable, in whole or in part, to the
nontherapeutic use of the drug; or''; and
(2) in the second sentence, by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(c) Phased Elimination of Nontherapeutic Use in Animals of Critical
Antimicrobial Animal Drugs Important for Human Health.--Section 512 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by
adding at the end the following:
``(q) Phased Elimination of Nontherapeutic Use in Animals of
Critical Antimicrobial Animal Drugs Important for Human Health.--
``(1) Applicability.--This subsection applies to the
nontherapeutic use in a food-producing animal of a drug--
``(A)(i) that is a critical antimicrobial animal
drug; or
``(ii) that is of the same chemical class as a
critical antimicrobial animal drug; and
``(B)(i) for which there is in effect an approval
of an application or an exemption under subsection (b),
(i), or (j) of section 505; or
``(ii) that is otherwise marketed for use.
``(2) Withdrawal.--The Secretary shall withdraw the
approval of a nontherapeutic use in food-producing animals
described in paragraph (1) on the date that is 2 years after
the date of enactment of this subsection unless--
``(A) before the date that is 2 years after the
date of the enactment of this subsection, the Secretary
makes a final written determination that the holder of
the approved application has demonstrated that there is
a reasonable certainty of no harm to human health due
to the development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the drug conducted by the Secretary and other
relevant information, that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug.
``(3) Exemptions.--Except as provided in paragraph (5), if
the Secretary grants an exemption under section 505(i) for a
drug that is a critical antimicrobial animal drug, the
Secretary shall rescind each approval of a nontherapeutic use
in a food-producing animal of the critical antimicrobial animal
drug, or of a drug in the same chemical class as the critical
antimicrobial animal drug, as of the date that is 2 years after
the date on which the Secretary grants the exemption.
``(4) Approvals.--Except as provided in paragraph (5), if
an application for a drug that is a critical antimicrobial
animal drug is submitted to the Secretary under section 505(b),
the Secretary shall rescind each approval of a nontherapeutic
use in a food-producing animal of the critical antimicrobial
animal drug, or of a drug in the same chemical class as the
critical antimicrobial animal drug, as of the date that is 2
years after the date on which the application is submitted to
the Secretary.
``(5) Exception.--Paragraph (3) or (4), as the case may be,
shall not apply if--
``(A) before the date on which approval would be
rescinded under that paragraph, the Secretary makes a
final written determination that the holder of the
application for the approved nontherapeutic use has
demonstrated that there is a reasonable certainty of no
harm to human health due to the development of
antimicrobial resistance that is attributable in whole
or in part to the nontherapeutic use in the food-
producing animal of the critical antimicrobial animal
drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the critical antimicrobial animal drug conducted by
the Secretary and any other relevant information, that
there is a reasonable certainty of no harm to human
health due to the development of antimicrobial
resistance that is attributable in whole or in part to
the nontherapeutic use of the drug.''.
TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE
SEC. 201. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 512 (21 U.S.C. 360b) the
following:
``SEC. 512A. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
``(a) In General.--Not later than July 1 of each year, a
manufacturer of a critical antimicrobial animal drug or an animal feed
for food-producing animals bearing or containing a critical
antimicrobial animal drug shall submit to the Secretary a report, in
such form as the Secretary shall require, containing information on the
sales during the previous calendar year of the critical antimicrobial
animal drug or the animal feed.
``(b) Information to Be Included.--A report under subsection (a)
shall--
``(1) state separately the quantity of the critical
antimicrobial animal drug, including such quantity in animal
feed bearing or containing the critical antimicrobial drug,
sold for each kind of food-producing animal;
``(2) describe the claimed purpose of use for the drug for
each kind of food-producing animal as being for growth
promotion, weight gain, feed efficiency, disease prevention,
disease control, disease treatment, or another purpose; and
``(3) describe the dosage form of the drug.
``(c) Publication.--
``(1) In general.--The Secretary shall make the information
submitted under subsection (a) available to the public not less
than annually.
``(2) Protection of confidentiality.--The Secretary may
aggregate information, if necessary, so as to avoid disclosure
under paragraph (1) of confidential business information.''.
(b) Violation.--Subsection (e) of section 301 of the Federal Food,
Drug and Cosmetic Act (21 U.S.C. 331(e)) is amended by striking
``515(f)'' and inserting ``512A, 515(f)''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2005. | Preservation of Antibiotics for Medical Treatment Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to provide for a phased elimination of the nontherapeutic use in food-producing animals of critical antimicrobial animal drugs. Defines "critical antimicrobial animal drug" and "nontherapeutic use."
Requires manufacturers of a critical antimicrobial animal drug or an animal feed for food-producing animals containing such a drug to report annual sales information. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Reliability Act of 2018''.
SEC. 2. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT.
(a) Federal Tax Credit for Coal-Powered Electric Generation
Units.--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. 45T. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer who owns or leases a coal-powered electric generation unit,
the coal-powered electric generation unit credit determined under this
section for a taxable year shall be an amount equal to the lesser of 30
percent of qualified expenses paid or incurred by such taxpayer in such
year or the product of--
``(1) $13, multiplied by
``(2) the nameplate capacity rating in kilowatts of such
unit.
``(b) Coal-Powered Electric Generation Unit.--For purposes of this
section, the term `coal-powered electric generation unit' means an
electric generation unit (as defined in section 48A(c)(6)) that--
``(1) uses coal to produce not less than 75 percent of the
electricity produced by such unit, and
``(2) has constructed and installed emissions controls
pursuant to--
``(A) the final rule of the Environmental
Protection Agency entitled `Rule To Reduce Interstate
Transport of Fine Particulate Matter and Ozone (Clean
Air Interstate Rule); Revisions to Acid Rain Program;
Revisions to the NOX SIP Call' (70 Fed. Reg. 25162 (May
12, 2005)) (commonly known as the `Clean Air Interstate
Rule'),
``(B) the final rule of the Environmental
Protection Agency entitled `Federal Implementation
Plans: Interstate Transport of Fine Particulate Matter
and Ozone and Correction of SIP Approvals' (76 Fed.
Reg. 48208 (August 8, 2011)) (commonly known as the
`Cross State Air Pollution Rule'),
``(C) the final rule of the Environmental
Protection Agency entitled `National Emission Standards
for Hazardous Air Pollutants From Coal- and Oil-Fired
Electric Utility Steam Generating Units and Standards
of Performance for Fossil-Fuel-Fired Electric Utility,
Industrial-Commercial-Institutional, and Small
Industrial-Commercial-Institutional Steam Generating
Units' (77 Fed. Reg. 9304 (February 16, 2012))
(commonly known as the `Mercury and Air Toxics
Standards Rule'),
``(D) the final rule of the Environmental
Protection Agency entitled `Regional Haze Regulations
and Guidelines for Best Available Retrofit Technology
(BART) Determinations' (70 Fed. Reg. 39104 (July 6,
2005)) (commonly known as the `Regional Haze
regulations'), or
``(E) any other Federal emissions control
requirements applicable to an electric generation plant
that are equal to or more stringent than the
requirements of a rule described in subparagraph (A),
(B), (C), or (D).
``(c) Qualified Expenses.--For purposes of this section, the term
`qualified expenses' means amounts paid or incurred for the operation
or maintenance of a coal-powered electric generation unit, other than
amounts paid or incurred for coal.
``(d) Transfer of Credit.--
``(1) Transfer to eligible project partner.--
``(A) In general.--With respect to a credit under
subsection (a) for any taxable year, a taxpayer may
elect to transfer all or any portion of such credit to
any eligible project partner as specified in such
election and such eligible project partner, not the
taxpayer, shall be entitled to claim the credit (or
portion thereof) for the taxable year.
``(B) Election to transfer.--The taxpayer may elect
to transfer all or any portion of the credit to an
eligible project partner by attaching a statement to
the taxpayer's tax return for the taxable year in which
the qualified expenses were paid or incurred, providing
such information as is necessary for the Secretary to
adequately identify the eligible project partner and
the amount of the credit being transferred.
``(2) Eligible project partner.--For purposes of this
subsection, the term `eligible project partner' means, with
respect to any coal-powered electric generation unit, any
person who--
``(A) is responsible for operating, maintaining, or
repairing such unit,
``(B) participates in the provision, including
transportation, of coal or other materials and supplies
to such unit,
``(C) provides financing for the construction,
repair, or operation of such unit, or
``(D) leases such unit.
``(3) Special rules.--
``(A) Application to partnerships.--In the case of
a credit under subsection (a) which is determined at
the partnership level, the term `eligible project
partner' shall include any partner of the partnership.
``(B) Taxable year in which credit taken into
account.--In the case of any credit (or portion
thereof) with respect to which an election is made
under paragraph (1), such credit shall be taken into
account in the first taxable year of the eligible
project partner ending with, or after, the taxpayer's
taxable year with respect to which the credit was
determined.
``(e) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any coal-powered electric
generation unit, the basis of such property shall be reduced by the
amount of the credit so allowed.
``(f) Termination.--This section shall apply to taxable years
beginning after December 31, 2017, and ending before January 1,
2023.''.
(b) Assessment by Federal Energy Regulatory Commission.--
(1) In general.--In the case of any coal-powered electric
generation unit which has claimed a credit under section 45T of
the Internal Revenue Code of 1986 (as added by subsection (a)),
the Federal Energy Regulatory Commission shall require the
applicable reliability coordinator to conduct an assessment
analyzing the reliability and resilience attributes offered by
such unit to the regional grid in which it is located, with
such assessment to be completed not later than April 1, 2023.
(2) Reporting.--Not later than June 1, 2023, the Federal
Energy Regulatory Commission shall report to the relevant
Congressional committees--
(A) the results of the assessments described under
paragraph (1); and
(B) a recommendation as to whether the credit under
section 45T of the Internal Revenue Code of 1986 should
be amended so as to apply to taxable years beginning
after December 31, 2022.
(3) Definitions.--In this subsection:
(A) Applicable reliability coordinator.--The term
``applicable reliability coordinator'' means the
Reliability Coordinator of the Electric Reliability
Organization (as defined in section 215(a) of the
Federal Power Act (16 U.S.C. 2824o(a))) for the region
in which a coal-powered electric generation unit which
has claimed a credit under section 45T of the Internal
Revenue Code of 1986 is located.
(B) Relevant congressional committees.--The term
``relevant Congressional committees'' means--
(i) the Committee on Finance of the Senate;
(ii) the Committee on Ways and Means of the
House of Representatives;
(iii) the Committee on Energy and Natural
Resources of the Senate; and
(iv) the Committee on Energy and Commerce
of the House of Representatives.
(c) Conforming Amendment.--Section 501(c)(12)(I) is amended by
inserting ``or 45T(d)(1)'' after ``section 45J(e)(I)''.
(d) Credit To Be Part of General Business Credit.--
(1) In general.--Section 38(b) of the Internal Revenue Code
of 1986 is amended by striking ``plus'' at the end of paragraph
(36), by striking the period at the end of paragraph (37) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(38) the coal-powered electric generation unit credit
determined under section 45T(a).''.
(2) Credit allowed against alternative minimum tax.--
Subparagraph (B) of section 38(c)(4) of the Internal Revenue
Code of 1986 is amended--
(A) by redesignating clauses (x), (xi), and (xii)
as clauses (xi), (xii), and (xiii), respectively; and
(B) by inserting after clause (ix) the following
new clause:
``(x) the credit determined under section
45T,''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45T. Coal-powered electric generation unit credit.''. | Energy Reliability Act of 2018 This bill amends the Internal Revenue Code to allow a tax credit through 2022 for a portion of the expenses for the operation or maintenance of a coal-powered electric generation unit, excluding expenses for coal. The credit applies to taxpayers who own or lease an electric generation unit that: (1) uses coal to produce at least 75% of the electricity produced by the unit, and (2) has constructed and installed emissions controls pursuant to specified Environmental Protection Agency (EPA) regulations or any other applicable federal emissions control requirements that are equal to or more stringent than the EPA regulations. Taxpayers may transfer the credit to an eligible project partner. An "eligible project partner" is a person who: is responsible for operating, maintaining, or repairing the unit; participates in the provision, including transportation, of coal or other materials and supplies to the unit; provides financing for the construction, expansion, repair, or operation of the unit; or leases the unit. If a unit claims a credit under this bill, the Federal Energy Regulatory Commission (FERC) must require the applicable reliability coordinator to conduct an assessment analyzing the reliability and resilience attributes offered by the unit to the regional grid in which it is located. FERC must submit to Congress: (1) the results of the assessments, and (2) a recommendation as to whether the credit should be extended after 2022. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Energy Commission Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there has been a sharp increase in the price of
gasoline, home heating oil, natural gas, and propane in the
United States;
(2) electricity prices are expected to continue to rise as
a result of high natural gas prices, and certain regions have
experienced price spikes in wholesale electricity costs;
(3) price spikes undermine the ability of low-income
families, the elderly, and small businesses (including
agricultural producers) to afford essential energy services;
(4) the Department of Energy has determined that the
economy would be likely to perform better with stable or
predictable energy prices;
(5) price spikes can be caused by many factors, including
insufficient inventories, supply disruptions, refinery capacity
limits, insufficient infrastructure, possible over-regulation
or under-regulation, flawed deregulation, excessive
consumption, over-reliance on foreign supplies, insufficient
research and development of alternative energy sources,
opportunistic behavior by energy companies, and abuse of market
power;
(6) consumers and small businesses have few options other
than to pay higher energy costs when prices spike; and
(7) the impact of price spikes, and possible responses to
price spikes, on consumers and small businesses should be
examined.
SEC. 3. CONSUMER ENERGY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Consumer Energy Commission''.
(b) Membership.--
(1) In general.--The Commission shall be comprised of 11
members.
(2) Appointments by the senate and house.--The majority
leader and minority leader of the Senate and the majority
leader and minority leader of the House of Representatives
shall each appoint 2 members--
(A) 1 of whom shall represent consumer groups
focusing on energy issues; and
(B) 1 of whom shall represent the energy industry.
(3) Appointments by the president.--The President shall
appoint 1 member from each of--
(A) the Energy Information Administration of the
Department of Energy;
(B) the Federal Energy Regulatory Commission; and
(C) the Federal Trade Commission.
(4) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 30 days after the
date of enactment of this Act.
(c) Term.--A member shall be appointed for the life of the
Commission.
(d) Initial Meeting.--Not later than 20 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
(f) Information and Administrative Expenses.--The Federal agencies
specified in subsection (b)(3) shall provide the Commission such
information and such administrative expenses as the Commission requires
to carry out this section.
(g) Duties.--
(1) Study.--
(A) In general.--The Commission shall conduct a
nationwide study of significant price spikes in major
United States consumer energy products during the 10
years preceding the date of enactment of this Act.
(B) Energy products.--The Commission shall study
the prices of--
(i) electricity;
(ii) gasoline;
(iii) home heating oil;
(iv) natural gas; and
(v) propane.
(C) Matters to be studied.--The study shall--
(i) focus on the causes of the price
spikes, including insufficient inventories,
supply disruptions, refinery capacity limits,
insufficient infrastructure, possible over-
regulation or under-regulation, flawed
deregulation, excessive consumption, over-
reliance on foreign supplies, insufficient
research and development of alternative energy
sources, opportunistic behavior by energy
companies, and abuse of market power; and
(ii) investigate market concentration,
potential misuse of market power, and any other
relevant market failures.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to Congress
a report that contains--
(A) a detailed statement of the findings and
conclusions of the Commission; and
(B) recommendations for legislation and
administrative actions to protect consumers from future
price spikes in consumer energy products. | Consumer Energy Commission Act of 2001 - Establishes the Consumer Energy Commission to conduct a nationwide study of significant price spikes in major U.S. consumer energy products during the ten years preceding the date of enactment of this Act, and report its findings to Congress. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Travel Disclosure Act of
1993''.
SEC. 2. APPROPRIATIONS FOR FEDERAL GOVERNMENT TRAVEL.
(a) In General.--Notwithstanding any other provision of law, no
Federal funds may be obligated or expended for Federal Government
travel, other than from amounts specifically appropriated by law for
such purpose. Except as provided in subsection (b), no Federal
department, agency, or entity may expend funds for the travel expenses
of any individual who is employed by any other Federal department,
agency, or entity.
(b) Reimbursable Travel.--A Federal department, agency, or entity
may expend funds for the travel expenses of an individual who is
employed by another Federal department, agency, or entity if it is
reimbursed by the individual or the travel account of the individual's
employing department, agency, or entity.
SEC. 3. TRAVEL SUPERVISORS.
(a) Executive Branch and Independent Agencies.--Except as provided
in subsections (b) and (c), the head of each department, agency, or
entity of the Government shall designate a travel supervisor for that
department, agency, or entity.
(b) Legislative Branch.--Travel supervisors in the legislative
branch shall be--
(1) Senators, Representatives, Delegates, and Resident
Commissioners for their travel and travel by members of their
personal staffs;
(2) committee chairmen for travel by members of their
committees and committee staff;
(3) the Speaker of the House of Representatives and the
minority leader of the House of Representatives, or their
designees, for other employees of the House of Representatives
or travel authorized by the full House of Representatives;
(4) the majority and minority leaders of the United States
Senate, or their designees, for other employees of the United
States Senate or travel authorized by the full United States
Senate; and
(5) the head of each agency of the legislative branch, or
their designee, in the case of employees of those agencies.
(c) Judicial Branch.--Travel supervisors in the judicial branch
shall be--
(1) the Chief Justice of the United States Supreme Court,
or his designee, in the case of the Supreme Court and its
employees;
(2) the chief judge of each United States Circuit Court of
Appeals, or their designee, in the case of each Circuit Court
of Appeals and its employees;
(3) the chief judge of each United States district or
territorial court, or their designee, in the case of each
District or Territorial Court and its employees;
(4) the chief judges of the United States Claims Court, the
United States Court of International Trade, the United States
Court of Military Appeals, the United States Tax Court, the
United States Court of Veterans Appeals, the District of
Columbia Court of Appeals, and the District of Columbia
Superior Court, or their designees, in the case of each of
these courts and their employees; and
(5) the Director of the Administrative Office of the United
States Courts, or his designee, in the case of all other
employees of the judicial branch.
SEC. 4. RESTRICTIONS APPLICABLE TO FEDERAL GOVERNMENT TRAVEL.
(a) In General.--Except as provided in subsections (b) and (c) all
Federal Government travel shall be--
(1) approved in advance by the travel supervisor of the
department, agency, or entity involved;
(2) accomplished by the most economical means conveniently
possible; and
(3) accomplished by United States commercial carrier
wherever possible, unless, as determined by the travel
supervisor, an alternative means is more economical or
necessary to achieve the goal of the mission.
(b) Additional Restrictions on Legislative Branch Foreign Travel.--
All legislative branch foreign travel shall be--
(1) approved in advance by recorded vote of the committee
in the case of travel by a committee member or committee staff,
or approved in advance by the appropriate travel supervisor in
all other cases;
(2) accomplished by the most economical means conveniently
possible; and
(3) accomplished by United States commercial carrier
wherever possible, unless, as determined by the travel
supervisor, an alternative means is more economical or
necessary to achieve the goal of the mission.
(c) Exemption From Advance Approval Requirement.--Except as
otherwise provided by law or regulation, advance approval shall not be
required for travel which either--
(1) does not require an individual to spend the night away
from their principal residence or place of employment; or
(2) is undertaken under emergency circumstances as defined
in written guidelines established by the appropriate travel
supervisor.
SEC. 5. GUIDELINES AND REPORTING REQUIREMENTS FOR FEDERAL GOVERNMENT
TRAVEL.
(a) In General.--Each travel supervisor shall, with respect to the
department, agency, or entity involved--
(1) in order to prevent duplicative and unnecessary trips,
establish written guidelines for Federal Government travel; and
(2) not later than the end of each calendar quarter, file a
report with respect to such travel during the preceding
calendar quarter.
(b) Report Contents.--Each report filed pursuant to subsection (a)
shall, with respect to each trip--
(1) specify the purpose and agenda of the trip, including
its duration and the places visited;
(2) provide the name and position of each employee and any
other person who accompanies the employee at Government
expense;
(3) in the case of air transportation by other than United
States commercial carrier, describe any determination under
section 4(a)(3) or 4(b)(3);
(4) state the accomplishments of the trip; and
(5) state the amount of each category of expenses incurred
for the trip, including separate categories for travel, food,
and lodging, or per diem for food and lodging.
(c) Filing.--Each report under this section shall be filed with--
(1) the Administrator of General Services in the case of
executive branch or independent agency travel;
(2) the Clerk of the United States House of Representatives
or the Secretary of the United States Senate in the case of
legislative branch travel; and
(3) the Director of the Administrative Office of the United
States Courts in the case of judicial branch travel.
SEC. 6. AVAILABILITY OF REPORTS.
Not later than fifteen days after a report is filed under this Act,
the Administrator of General Services, the Director of the
Administrative Office of the United States Courts, the Clerk of the
House of Representatives, or the Secretary of the Senate, as
applicable, shall--
(1) make the report available for public inspection; and
(2) provide copies of the report to any person, either upon
payment of a fee sufficient to cover the expense of
reproduction and mailing (other than any salary expense) or at
a lesser fee if, determined by the Administrator, Director,
Clerk, or Secretary, as applicable, such lesser fee is in the
public interest. At the end of the six-year period after the
date of filing, each report shall be destroyed unless such
report is required in an ongoing investigation.
SEC. 7. DEFINITIONS.
As used in this Act--
(1) the term ``Federal Government travel'' means travel by
any employee (including any elected or appointed officer) of
the United States;
(2) the term ``legislative branch travel'' means travel by
a Senator or Representative in, or a Delegate or Resident
Commissioner to, the Congress or by an employee (including an
elected officer) of the Senate or the House of Representatives
or any agency of the legislative branch;
(3) the term ``agency of the legislative branch'' means the
Office of the Architect of the Capitol, the Botanic Garden, the
General Accounting Office, the Government Printing Office, the
Library of Congress, the Office of Technology Assessment, the
Congressional Budget Office, and any other entity in the
legislative branch;
(4) the term ``foreign travel'' means travel outside the
United States; and
(5) the term ``United States'', where used in a
geographical sense, means the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and the
territories and possessions of the United States.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect one hundred and eighty days after the
date of enactment of this Act. | Federal Travel Disclosure Act of 1993 - Prohibits: (1) the obligation or expenditure of Federal funds for Government travel other than from amounts specifically appropriated by law for such purpose; and (2) any Federal entity from expending funds for the travel expenses of any individual employed by another Federal entity without being reimbursed by the individual or the travel account of the individual's employer.
Directs the head of each executive department to designate a travel supervisor. Specifies the travel supervisors for the legislative and judicial branches.
Requires all Government travel to be: (1) approved in advance by the appropriate travel supervisor; (2) accomplished by the most economical means conveniently possible; and (3) accomplished by U.S. commercial carrier wherever possible. Requires all legislative branch foreign travel, with specified exceptions, to be approved in advance by recorded vote of the committee (in the case of travel by a committee member or committee staff) or by the appropriate travel supervisor.
Requires each travel supervisor to establish written guidelines for Government travel and to submit quarterly reports with respect to such travel to the Administrator of General Services (for executive branch or independent agency travel), the Clerk of the House of Representatives or the Secretary of the Senate (for legislative branch travel), and the Director of the Administrative Office of the U.S. Courts (for judicial branch travel). | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Energy Relief Act of
2006''.
SEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF
2005 FOR OIL AND GAS.
(a) Repeal.--The following provisions, and amendments made by such
provisions, of the Energy Policy Act of 2005 are hereby repealed:
(1) Section 1323 (relating to temporary expensing for
equipment used in refining of liquid fuels).
(2) Section 1324 (relating to pass through to owners of
deduction for capital costs incurred by small refiner
cooperatives in complying with Environmental Protection Agency
sulfur regulations).
(3) Section 1325 (relating to natural gas distribution
lines treated as 15-year property).
(4) Section 1326 (relating to natural gas gathering lines
treated as 7-year property).
(5) Section 1328 (relating to determination of small
refiner exception to oil depletion deduction).
(6) Section 1329 (relating to amortization of geological
and geophysical expenditures).
(b) Administration of Internal Revenue Code of 1986.--The Internal
Revenue Code of 1986 shall be applied and administered as if the
provisions, and amendments, specified in subsection (a) had never been
enacted.
SEC. 3. FARM DIESEL PURCHASES CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. FARM DIESEL EXPENSES CREDIT.
``(a) Allowance of Credit.--In the case of a qualified farmer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 10 percent of the farm
diesel expenses paid or incurred by the qualified farmer during the
taxable year.
``(b) Qualified Farmer.--For purposes of this section, with respect
to a taxable year, the term `qualified farmer' means an individual--
``(1) who is actively engaged in farming,
``(2) whose contributions to a farming operation during the
taxable year are at least commensurate with the individual's
claimed share of the profits or losses of the farming
operation, and
``(3) whose gross income from farming for the taxable year
is at least 75 percent of the individual's total gross income
from all sources for the taxable year.
``(c) Farm Diesel Expenses.--For purposes of this section, the term
`farm diesel expenses' means amounts paid or incurred for the purchase
of diesel fuel that is described in section 4082(a) and is intended to
be used for farming purposes.
``(d) Termination.--This section shall not apply with respect to
farm diesel expenses paid or incurred in taxable years beginning after
December 31, 2009.''.
(b) Clerical Amendment.--The table of items for subpart A of part
IV of subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25D the following new item:
``Sec. 25E. Farm diesel expenses credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to farm diesel expenses paid or incurred in taxable years
beginning after the date of the enactment of this Act.
SEC. 4. INCREASE IN SMALL AGRI-BIODIESEL PRODUCER CREDIT FOR QUALIFIED
FARMERS.
(a) In General.--Paragraph (5) of section 40A(b) of the Internal
Revenue Code of 1986 (relating to small agri-biodiesel producer credit)
is amended by adding at the end the following new subparagraph:
``(D) Increase for qualified farmers.--In the case
of an eligible small agri-biodiesel producer who is a
qualified farmer, subparagraph (A) shall be applied by
substituting `20 cents' for `10 cents'.''.
(b) Qualified Farmer.--Subsection (e) of section 40A of such Code
(relating to definitions and special rules for small agri-biodiesel
producer credit) is amended by adding at the end the following new
paragraph:
``(7) Qualified farmer.--With respect to a taxable year,
the term `qualified farmer' means an individual--
``(A) who is actively engaged in farming,
``(B) whose contributions to a farming operation
during the taxable year are at least commensurate with
the individual's claimed share of the profits or losses
of the farming operation, and
``(C) whose gross income from farming for the
taxable year is at least 75 percent of the individual's
total gross income from all sources for the taxable
year.''.
(c) Effective Date.--The amendments by this section shall apply to
qualified agri-biodiesel production after December 31, 2006, in taxable
years beginning after such date.
SEC. 5. ALLOWANCE OF SMALL BIODIESEL PRODUCER CREDIT FOR QUALIFIED
FARMERS.
(a) In General.--Section 40A of the Internal Revenue Code of 1986
(relating to biodiesel and renewable diesel used as fuel) is amended--
(1) in subsection (a), by striking the period at the end of
paragraph (3) and inserting ``, plus'' and by adding at the end
the following new paragraph:
``(4) in the case of an eligible small biodiesel producer,
the small biodiesel producer credit.'',
(2) in subsection (b), by adding at the end the following
new paragraph:
``(6) Small biodiesel producer credit.--
``(A) In general.--The small biodiesel producer
credit of any eligible small biodiesel producer for any
taxable year is 10 cents for each gallon of qualified
biodiesel production of such producer.
``(B) Qualified biodiesel production.--For purposes
of this paragraph, the term ``qualified biodiesel
production'' means any biodiesel which is produced by
an eligible small biodiesel producer, and which during
the taxable year--
``(i) is sold by such producer to another
person--
``(I) for use by such other person
in the production of a qualified
biodiesel mixture in such other
person's trade or business (other than
casual off-farm production),
``(II) for use by such other person
as a fuel in a trade or business, or
``(III) who sells such biodiesel at
retail to another person and places
such biodiesel in the fuel tank of such
other person, or
``(ii) is used or sold by such producer for
any purpose described in clause (i).
``(C) Limitation.--The qualified biodiesel
production of any producer for any taxable year shall
not exceed 15,000,000 gallons.'', and
(3) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively, and by inserting after subsection
(e) the following new subsection:
``(f) Definitions and Special Rules for Small Biodiesel Producer
Credit.--For purposes of this section--
``(1) Eligible small biodiesel producer.--
``(A) In general.--The term ``eligible small
biodiesel producer'' means a qualified farmer who, at
all times during the taxable year, has a productive
capacity for biodiesel not in excess of 60,000,000
gallons.
``(B) Qualified farmer.--With respect to a taxable
year, the term `qualified farmer' means an individual--
``(i) who is actively engaged in farming,
``(ii) whose contributions to a farming
operation during the taxable year are at least
commensurate with the individual's claimed
share of the profits or losses of the farming
operation, and
``(iii) whose gross income from farming for
the taxable year is at least 75 percent of the
individual's total gross income from all
sources for the taxable year.
``(2) Special rules.--Rules similar to the rules of
paragraphs (2), (3), (4), (5), and (6) of subsection (e) shall
apply to the small biodiesel producer credit.''.
(b) Effective Date.--The amendments made by this section shall
apply qualified biodiesel production beginning after December 31, 2006,
in taxable years beginning after such date. | Family Farm Energy Relief Act of 2006 - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) the expensing of equipment used in refining of liquid fuels and accelerated depreciation of natural gas distribution and gathering lines; (2) the pass through of tax deductions for environmental compliance costs; (3) the small refiner exception to limitations on the oil depletion tax deduction; and (4) the two-year amortization of geological and geophysical expenditures.
Amends the Internal Revenue Code to allow certain farmers actively engaged in farming: (1) a tax credit for 10% of farm diesel fuel expenses through 2009; (2) an increased agri-biodiesel producer tax credit; and (3) a small biodiesel producer tax credit. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This legislation may be cited as the ``Puerto Rico Admission Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The territory of Puerto Rico has a population of more
than 3.4 million, and United States citizenship has been
granted to individuals born in the islands for one hundred
years.
(2) The territory has an insular government that, subject
to Federal law, exercises authority similar to that possessed
by the governments of the several States.
(3) The United States citizens of Puerto Rico are not
treated equally in Federal law with citizens in the States and
do not have representation in their national government other
than that provided by a sole resident commissioner who can only
vote in committees of the House of Representatives to which she
or he is assigned.
(4) An overwhelming majority of the United States citizens
residing in Puerto Rico want to replace territory status with a
permanent form of government that provides for equality and for
democratic representation in the making of their national laws.
(5) It has been the longstanding policy of the United
States that the American citizens of the territory can
determine whether it should eventually become a State or a
nation.
(6) In a plebiscite held in Puerto Rico under local law, a
majority of the vote rejected continuation of the current
territory status, with more than 61.1 percent petitioning the
Congress and the President for statehood and a transition to
equality and permanence within the Union of States.
(7) Public Law 113-76 responded to the plebiscite under
territorial law by providing for a plebiscite under Federal law
on an option or options proposed by the Elections Commission of
Puerto Rico that can resolve the question of the territory's
status and are found by the Department of Justice to not
conflict with the Constitution, laws, and policies of the
United States.
(8) The Governor, two-thirds majorities of each house of
the Legislative Assembly, and the Resident Commissioner of
Puerto Rico elected in November 2016 were voted into office on
a platform of seeking equality and permanence for Puerto Rico
within the United States.
(9) Puerto Rico is treated as a State for the purposes of
most laws but is not treated equally with the States under
dozens of statutes, including some providing for major health
and other programs for individuals with critical needs and in a
number of revenue measures.
(10) The limitations of, and treatment under, territory
status has left Puerto Rico under-developed and substantially
contributed to its economy being weak for four decades and in
depression for the last one.
(11) Millions of the U.S. citizens of Puerto Rico have
moved to a State for the greater opportunity and better way of
life possible in a State.
(12) Equality within the Nation is required for a healthy
American economy and essential for Puerto Rico's social and
economic health as well as for basic reasons of democracy.
(13) Puerto Ricans have contributed greatly to the Nation
in all fields of endeavor both in war and in peace.
(14) Puerto Rico should be transitioned into equality
within the Union.
SEC. 3. PROCESS FOR REPLACING TERRITORY STATUS.
(a) Consistent with Public Law 113-76, it is the policy of the
United States that the U.S. citizens of Puerto Rico may choose whether
Puerto Rico will become a State or a nation through a plebiscite under
that law.
(b) If the U.S. citizens of Puerto Rico reaffirm the territory's
choice of statehood through a plebiscite under Public Law 113-76,
Federal laws that do not apply to Puerto Rico or apply differently to
the territory than to the several States are amended or repealed to
phase in the equal treatment of Puerto Rico with the several States by
January 3, 2025, as shall be provided for in a plan submitted to the
Congress and the President not later than 270 days after the enactment
of this Act by the President's Task Force on Puerto Rico's Status, and
Puerto Rico shall become a State on January 3, 2025.
SEC. 4. FEDERAL OFFICES.
(a) President and Vice President.--With respect to the election for
the offices of President and Vice President in November 2024--
(1) Puerto Rico shall be considered a State for purposes of
chapter 21 of title 3, United States Code, and the electors of
Puerto Rico shall be considered electors of a State for
purposes of such chapter; and
(2) for purposes of section 3 of such title, the number of
electors from Puerto Rico shall be equal to the number of
Senators and Representatives to which Puerto Rico is entitled
during the One Hundred Nineteenth Congress, as determined in
accordance with subsection (b).
(b) Congressional Delegation.--
(1) Representatives.--Effective on the first day of the One
Hundred Nineteenth Congress, the number of Representatives of
States in the House of Representatives shall be increased by
the number of Representatives of the State with the population
closest to that of Puerto Rico in the 2020 decennial census and
the additional seats shall be occupied by Representatives of
Puerto Rico. The Clerk of the House of Representatives shall
transmit to the Governor of Puerto Rico and the Speaker of the
House of Representatives a certificate of the number of
Representatives to which Puerto Rico will be entitled not later
than January 3, 2024.
(2) Election.--The regularly scheduled general elections
for Federal office held in Puerto Rico in November 2024 shall
include the election of two Senators and the number of
Representatives of Puerto Rico provided for in paragraph (1) of
this subsection, all of whom shall first take office on January
3, 2025. The Senate shall determine the class to which each of
the Senators shall be assigned.
(3) Resident commissioner.--Section 36 of the Act of March
2, 1917, 39 Stat. 963, and section 1 of the Act of June 22,
1906, 34 Stat. 417, as amended, are repealed effective January
3, 2025.
(4) Primary elections.--The Government of Puerto Rico may
hold primary elections for the offices described in this
section at such time and in such manner as it may provide, so
long as such elections are held in the manner required by the
laws applicable to elections for Federal office.
SEC. 5. PROCLAMATION.
Following the transition process set forth in section 3, the
President shall issue a proclamation declaring that Puerto Rico is
admitted into the Union on an equal footing with the other States,
effective January 3, 2025, and Puerto Rico shall be so admitted.
SEC. 6. STATE.
Upon the admission of Puerto Rico into the Union as a State--
(a) State Constitution.--The Constitution of the Commonwealth of
Puerto Rico shall be accepted as the Constitution of the State.
(b) Territory.--The State shall consist of all of the territory,
together with the waters included in the seaward boundary, of the
Commonwealth of Puerto Rico.
(c) Continuity of Government.--The individuals holding legislative,
executive, and judicial offices of the Commonwealth of Puerto Rico
shall continue to discharge the duties of their respective offices.
(d) Continuity of Laws.--
(1) Territory law.--All of the laws of Puerto Rico shall
continue in force and effect in the State, except as may be
modified consistent with this Act, and shall be subject to
repeal or amendment by the Legislative Assembly and the
Governor of the sovereign State of Puerto Rico.
(2) Federal law.--All of the laws of the United States
shall have the same force and effect as on the date immediately
prior to the date of admission of Puerto Rico into the Union as
a State, except for any provision of law that treats Puerto
Rico and its residents differently than the States of the Union
and their residents, which shall be amended as of the date of
admission to treat the State of Puerto Rico and its residents
equally with the other States of the Union and their residents. | Puerto Rico Admission Act This bill expresses U.S. policy that the U.S. citizens of Puerto Rico may choose whether Puerto Rico will become a state or a nation through a plebiscite pursuant to provisions of the Consolidated Appropriations Act, 2014. If the U.S. citizens of Puerto Rico reaffirm the territory's choice of statehood through such a plebiscite: federal laws that do not apply to Puerto Rico or that apply differently to the territory than to the several states shall be amended or repealed to phase in the equal treatment of Puerto Rico with the several states by January 3, 2025, the President's Task Force on Puerto Rico's Status shall submit a plan providing for such equal treatment to Congress and the President by 270 days after the enactment of this bill, Puerto Rico shall be considered a state for purposes of federal elections in November 2024, and Puerto Rico shall become a state and shall be admitted to the Union on equal footing with the other states on January 3, 2025. | billsum_train |
Create a summary of the following text: SECTION 1. REFUNDABLE CREDIT FOR WETLAND RESTORATION AND CONSERVATION
EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. WETLAND RESTORATION AND CONSERVATION EXPENSES.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year in an amount equal to the sum of--
``(1) the wetland restoration credit, plus
``(2) the wetland conservation credit, plus
``(3) the wetland easement credit.
``(b) Wetland Restoration Credit.--
``(1) In general.--The wetland restoration credit for any
taxable year is an amount equal to the wetland restoration
expenditures paid or incurred by the eligible taxpayer for such
taxable year.
``(2) Wetland restoration expenditures.--For purposes of
this subsection, the term `wetland restoration expenditure'
means an expenditure for the restoration of farmed wetland or
prior converted wetland to fully functioning wetland
condition--
``(A) pursuant to a restoration plan approved by
the Natural Resources Conservation Service of the
Department of Agriculture, and
``(B) paid or incurred during the first 5 years of
the qualified conservation agreement or qualified
conservation easement relating to such farmed wetland
or prior converted wetland.
Such term shall not include any expenditure which is required
to be made pursuant to any Federal or State law.
``(c) Wetland Conservation Credit.--
``(1) In general.--The wetland conservation credit for any
taxable year is an amount equal to the sum of--
``(A) the applicable percentage of the soil-
specific Conservation Reserve Program rental rate
applicable to the eligible taxpayer's qualified wetland
for such taxable year under title XII of the Food
Security Act of 1985, plus
``(B) any fee for certification of compliance paid
or incurred by the eligible taxpayer in such taxable
year with respect to the qualified conservation
agreement relating to such qualified wetland.
``(2) Applicable percentage.--For purposes of paragraph
(1)(A), the applicable percentage is equal to, in the case of
an eligible taxpayer who has entered into a qualified
conservation agreement with a term of--
``(A) at least 10 years, but less than 20 years, 50
percent,
``(B) at least 20 years, but less than 30 years, 60
percent, and
``(C) 30 years, 70 percent.
``(3) Denial of credit if wetland easement credit is
elected.--With respect to any qualified wetland with respect to
which the taxpayer makes an election under subsection (d) for
any taxable year, the wetland conservation credit with respect
to such qualified wetland for such taxable year is zero.
``(d) Wetland Easement Credit.--
``(1) In general.--At the election of the eligible
taxpayer, the wetland easement credit for any taxable year is
an amount equal to the fair market value of any qualified
wetland of the taxpayer subject to a qualified conservation
easement.
``(2) Determination of value.--For purposes of paragraph
(1), the value of such qualified wetland is the fair market
value of such qualified wetland in agricultural use (as
determined by a certified appraisal) during the taxable year
(determined as of the date of the grant of the easement).
``(3) Election.--An election under this subsection shall
apply to the taxable year for which made.
``(e) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means a taxpayer who--
``(A) owns property which consists of--
``(i) wetlands, farmed wetlands, or prior
converted wetlands, and
``(ii) the surrounding or immediately
adjacent actively farmed cropland, and
``(B) with respect to such property, has entered
into a qualified conservation agreement or a qualified
conservation easement.
``(2) Qualified wetland.--
``(A) In general.--The term `qualified wetland'
means--
``(i) wetland, including farmed wetland or
prior converted wetland, which through the use
of wetland restoration expenditures is being
converted to fully functioning wetland
condition, plus
``(ii) as determined under a qualified
conservation agreement or a qualified
conservation easement, such surrounding or
immediately adjacent nonwetland as is
appropriate to buffer the water quality or
wildlife habitat values associated with the
wetland, but only to the extent the nonwetland
acreage is not more than 3 times greater than
the wetland acreage.
``(B) Certain property excluded.--Such term shall
not include any acre of land with respect to which
contract or easement payments are received in the
taxable year from the Conservation Reserve Program or
the Wetlands Reserve Program under title XII of the
Food Security Act of 1985.
``(3) Wetland, farmed wetland, and prior converted
wetland.--The terms `wetland', `farmed wetland', and `prior
converted wetland' shall have the meanings given such terms by
title XII of the Food Security Act of 1985.
``(4) Qualified conservation agreement.--
``(A) In general.--The term `qualified conservation
agreement' means an agreement by the eligible
taxpayer--
``(i) with a governmental unit referred to
in section 170(c)(1),
``(ii) for a term of not less than 10 years
and not more than 30 years,
``(iii) under which the taxpayer agrees to
comply with the conservation requirements of
subparagraph (B) with respect to the qualified
wetland, and
``(iv) under which the taxpayer agrees to
obtain a certification of compliance not less
than every 5 years during the period of the
agreement.
``(B) Conservation requirements.--An eligible
taxpayer complies with the conservation requirements of
this subparagraph if--
``(i) the taxpayer does not use the
qualified wetland for agricultural production,
and
``(ii) the taxpayer does not drain, dredge,
fill, level, or otherwise manipulate the
qualified wetland (including the removal of
woody vegetation, or any activity which results
in impairing or reducing the flow, circulation,
or reach of water) for the purpose, or that has
the effect, of making production of an
agricultural commodity or development of built
structures on such wetland possible.
``(5) Qualified conservation easement.--The term `qualified
conservation easement' means an easement granted in perpetuity
by the eligible taxpayer restricting the use which may be made
of the qualified wetland to a qualified organization
exclusively for conservation purposes (as defined in section
170(h)).
``(f) Special Rules.--
``(1) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowed under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that funds
for such expense are received under any Federal, State,
or local program.
``(2) Married couples must file joint returns.--If the
taxpayer is a married individual (within the meaning of section
7703), this section shall apply only if the taxpayer and the
taxpayer's spouse file a joint return for the taxable year.''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following:
``Sec. 35. Wetland restoration and
conservation expenses.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Amends the Internal Revenue Code to allow a refundable tax credit for wetland restoration, conservation, and easement expenses for any taxable year. Prescribes formulae for the determination of the three elements of such credit. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Enhancement of Talented
Students Act'' or the ``School EATS Act''.
SEC. 2. FINDING.
Congress finds the following:
(1) According to the Secretary of Agriculture, in the
school year beginning July 2007, the school lunch program under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) and the school breakfast program under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) provided more
than 31 million lunches and more than 10 million breakfasts.
(2) The calories and nutrients consumed at school and
school-related activities are an important component of dietary
intake of all school-age children, and for most students,
comprise of over half of daily caloric intake.
(3) Commercially prepared products, including processed
commodities, account for 40 percent of the available lunch
entrees and were major sources of fat, sodium and calories in
lunches.
(4) Childhood obesity rates have tripled among kids ages 12
to 19 since 1980, with one-third of America's youth now
overweight or obese; impacting students in school, the
readiness of the military, and rising health care costs.
(5) Recently, States like West Virginia, have sought to
exceed school meal guidelines set forth by Secretary of
Agriculture by decreasing the amount of fat and sodium served
and increasing the servings of fruits and vegetables.
(6) The Dietary Guidelines for Americans published in June
2010 under section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341) recommends that
Americans improve nutrition literacy and cooking skills, and
learn to prepare foods; schools have the opportunity to do the
same for children.
SEC. 3. SCHOOL EATS GRANT PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(j) School EATS Grant Program.--
``(1) In general.--From the amounts appropriated under
paragraph (10), the Secretary shall award grants, on a
competitive basis, to eligible entities for the purpose of
carrying out a program to reduce the amount of processed food
served each day under the school lunch program established
under this Act and the school breakfast program established
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
``(2) Deadline for awards.--The Secretary shall award
grants under this subsection not later than 90 days after the
date funds are appropriated under paragraph (10) for each
fiscal year.
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to eligible entities--
``(A) in which at least 50 percent of the students
enrolled in schools under the jurisdiction of such
eligible entities are eligible for free or reduced
price meals; and
``(B) located in a State in which the adult obesity
rate, as determined by the Centers for Disease Control
and Prevention, is not less than 30 percent and the
child obesity rate, Centers for Disease Control and
Prevention, is more than 30 percent.
``(4) Application.--In order to receive a grant under this
subsection, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(5) Uses of funds.--
``(A) Required uses.--An eligible entity receiving
grant funds under this subsection shall use such funds
to serve healthy, unprocessed foods under the school
lunch program established under this Act and the school
breakfast program established under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773) by--
``(i) procuring such foods;
``(ii) training food service staff at such
schools to prepare such foods; and
``(iii) purchasing equipment required to
prepare such foods.
``(B) Limited uses.--The Secretary shall determine
the percentage of funds an eligible entity receives
under this subsection that may be used by the entity
for administrative costs.
``(6) Technical assistance.--The Secretary shall provide
technical assistance on the procurement of healthy, unprocessed
foods to each eligible entity receiving a grant under this Act.
``(7) Waiver of weight and quality requirements.--During
the period an eligible entity is carrying out the program
described in this subsection with grant funds received under
this subsection, the Secretary shall waive with respect to any
foods offered or served under the program, any weight or
quantity requirements under this Act or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) with respect to foods served
or offered under the school lunch program under this Act or the
school breakfast program under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
``(8) Reporting requirements.--Each eligible entity
receiving a grant under this section, not later than 90 days
after the end of the first full school year the eligible entity
receives such grant funds, shall prepare and submit to the
Secretary a report on the program carried out with such funds,
which shall include--
``(A) the percentage of unprocessed foods served
under the program;
``(B) the number and percentage of students that
participated in the program;
``(C) the health outcomes of such students--
``(i) as measured by a survey of student
responses that reflect eating habits of such
students; or
``(ii) other measures determined necessary
by the Secretary to accurately reflect the
health of such students; and
``(D) a complete budget breakdown of how such funds
were used.
``(9) Definition.--For purposes of this subsection, the
term `eligible entity' means--
``(A) a State educational agency;
``(B) a local educational agency; or
``(C) a school food authority.
``(10) Authorization of appropriations.--There are
authorized to be appropriated $8,000,000 to carry out this
subsection for each of fiscal years 2011 through 2014.''. | School Enhancement of Talented Students Act or School EATS Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to award competitive grants to states, local educational agencies, or school food authorities to reduce the amount of processed food served each day under the school lunch and breakfast programs.
Gives grant priority to applicants: (1) in which at least 50% of the students enrolled in schools under their jurisdictions are eligible for free or reduced price meals; and (2) located in states where the adult obesity rate is not less that 30% and the child obesity rate is more than 30%, as determined by the Centers for Disease Control and Prevention (CDC).
Requires grant funds to be used to: (1) procure unprocessed foods; (2) train food service staff to prepare such foods; and (3) purchase the equipment needed to prepare such foods.
Requires the Secretary to provide technical assistance to grantees on the procurement of healthy, unprocessed foods.
Makes food weight and quantity requirements under the school lunch and breakfast programs inapplicable to food served under this Act's grant program. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Corps of Engineers
Reform Act of 2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definition of Secretary.
TITLE I--PROJECT PLANNING
Sec. 101. Independent review.
Sec. 102. Stakeholder involvement.
Sec. 103. Monitoring.
Sec. 104. Recommendations.
Sec. 105. Principles and guidelines.
Sec. 106. Environmental Advisory Board.
TITLE II--MITIGATION
Sec. 201. Full mitigation.
Sec. 202. Concurrent mitigation.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Army Corps of Engineers is the primary Federal
agency responsible for developing and managing the Nation's
harbors, waterways, shorelines, and water resources.
(2) Scarce Federal resources require more efficient use of
Corps of Engineers funding and greater oversight of Corps of
Engineers analyses.
(3) Demand for recreation, clean water, and healthy
wildlife habitat must be reflected in the Corps of Engineers
project planning process.
(4) The social and environmental impacts of dams, levees,
shoreline stabilization structures, and other projects must be
adequately mitigated.
(5) Affected interests must play a larger role in Corps of
Engineers project development.
(b) Purposes.--The purposes of this Act are as follows:
(1) To ensure that the Nation's water resources investments
are economically justified and enhance the environment.
(2) To provide independent review of Corps of Engineers
feasibility studies.
(3) To ensure that mitigation for Corps of Engineers
projects is successful and cost-effective.
(4) To enhance the involvement of affected interests in
Corps of Engineers feasibility studies.
(5) To revise Corps of Engineers planning principles to
meet the economic and environmental needs of riverside and
coastal communities.
SEC. 3. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--PROJECT PLANNING
SEC. 101. INDEPENDENT REVIEW.
Title IX of the Water Resources Development Act of 1986 (100 Stat.
4183 et seq.) is amended by adding at the end the following:
``SEC. 952. INDEPENDENT REVIEW.
``(a) Projects Subject to Independent Review.--The Secretary shall
ensure that feasibility reports for the following water resources
projects are subject to review by an independent panel of experts
established under this section:
``(1) Projects with an estimated total cost of more than
$25,000,000, including mitigation costs.
``(2) Projects that are controversial, as described in
subsection (f).
``(b) Office of Independent Review.--
``(1) Establishment.--There is established in the Corps of
Engineers an Office of Independent Review (in this section
referred to as the `Office').
``(2) Director.--
``(A) Appointment.--The head of the Office shall be
the Director of the Office of Independent Review (in
this section referred to as the `Director'), who shall
be appointed by the Secretary for a term of 3 years.
``(B) Qualifications.--The Secretary shall select
the Director from among individuals who are
distinguished scholars.
``(C) Terms.--An individual may not serve for more
than 1 term as the Director.
``(3) Duties.--The Director shall establish a panel of
experts to review each project subject to review under
subsection (a).
``(c) Establishment of Panels.--
``(1) Membership.--A panel of experts established by the
Director for a project shall be composed of not less than 5 and
not more than 9 independent experts who represent a balance of
areas of expertise, including biologists, engineers, and
economists.
``(2) Limitation on appointments.--The Director shall not
appoint an individual to serve on a panel of experts for a
project if the individual has a financial or close professional
association with any organization or group with a strong
financial or organizational interest in the project.
``(3) Consultation.--The Director shall consult with the
National Academy of Sciences in developing lists of individuals
to serve on panels of experts under this section.
``(4) Compensation.--An individual serving on a panel of
experts under this section shall be compensated at a rate of
pay to be determined by the Secretary.
``(5) Travel expenses.--An individual serving on a panel of
experts under this section shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
``(d) Duties of Panels.--A panel of experts established for a
project under this section shall--
``(1) review the feasibility report prepared for the
project after the identification of a preferred alternative;
``(2) receive written and oral comments of a technical
nature concerning the project from the public; and
``(3) submit to the Secretary a report containing the
panel's economic, engineering, and environmental analyses of
the project, including the panel's conclusions on the
feasibility report, with particular emphasis on areas of public
controversy.
``(e) Duration of Project Reviews.--A panel of experts shall
complete its review of a project under this section not later than 180
days after the date of establishment of the panel.
``(f) Controversial Projects.--For purposes of subsection (a), a
project shall be considered to be a controversial project if--
``(1) the Secretary determines that the project is subject
to a substantial degree of public controversy;
``(2) the affected State objects to the project; or
``(3) pursuant to the Fish and Wildlife Coordination Act
(16 U.S.C. 661 et seq.), the United States Fish and Wildlife
Service determines that the project is likely to have a
significant adverse effect on fish and wildlife after taking
into account any proposed mitigation plan.
``(g) Recommendations of Panel.--After receiving a report on a
project from a panel of experts under this section, the Secretary
shall--
``(1) consider any recommendations contained in the report;
``(2) make the report available for public review; and
``(3) include a copy of the report in any report
transmitted to Congress concerning the project.
``(h) Costs.--The cost of conducting a review of a project under
this section shall not exceed $250,000 and shall be considered as part
of the total cost of the project. The Secretary may waive the $250,000
limitation in the preceding sentence for good cause.''.
SEC. 102. STAKEHOLDER INVOLVEMENT.
(a) In General.--Section 905 of the Water Resources Development Act
of 1986 (33 U.S.C. 2282) is amended by adding at the end the following:
``(e) Stakeholder Advisory Group.--
``(1) In general.--The Secretary shall establish a
stakeholder advisory group to assist the Secretary with the
development of each feasibility study under subsection (a) and
to enhance public participation in the feasibility study.
``(2) Membership.--The membership of the advisory group
shall include balanced representation of social, economic, and
environmental interest groups.
``(3) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (15 U.S.C. App.) shall apply to
the advisory group.''.
SEC. 103. MONITORING.
Title IX of the Water Resources Development Act of 1986 (100 Stat.
4183 et seq.) is further amended by adding at the end the following:
``SEC. 953. MONITORING.
``The Secretary shall monitor the economic and environmental
results (including the results of mitigation) of each water resources
project with an estimated total cost of more than $25,000,000, for a
period of not less than 15 years, and shall provide annual reports to
Congress on the performance of the project. The cost of such monitoring
shall be a Federal expense.''.
SEC. 104. RECOMMENDATIONS.
Title IX of the Water Resources Development Act of 1986 (100 Stat.
4183 et seq.) is further amended by adding at the end the following:
``SEC. 954. RECOMMENDATIONS.
``The Secretary shall not recommend an initial recommended plan for
a proposed project until all project costs, including mitigation costs,
have been calculated.''.
SEC. 105. PRINCIPLES AND GUIDELINES.
Section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) is
amended to read as follows:
``SEC. 209. CONGRESSIONAL STATEMENT OF OBJECTIVES.
``(a) In General.--It is the intent of Congress that economic
development and environmental protection and restoration be co-equal
goals of water resources planning and development.
``(b) Revision of Principles and Guidelines.--The Secretary shall
revise the principles and guidelines for flood control projects--
``(1) to incorporate--
``(A) a national ecological restoration account;
``(B) a national economic development account; and
``(C) an optimum trade-off plan to maximize the
benefits of the accounts;
``(2) to incorporate new techniques in risk and uncertainty
analysis;
``(3) to eliminate biases and disincentives for
nonstructural flood damage reduction projects;
``(4) to incorporate new analytical techniques; and
``(5) to encourage, to the maximum extent practicable, the
restoration of aquatic ecosystems.
``(c) Update of Guidance.--The Secretary shall update the Guidance
for Conducting Civil Works Planning Studies (ER 1105-2-100) to comply
with this section.''.
SEC. 106. ENVIRONMENTAL ADVISORY BOARD.
Section 905(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2282(b)) is amended--
(1) by striking ``(b) Before initiating'' and inserting the
following:
``(b) Reconnaissance Studies.--
``(1) In general.--Before initiating'';
(2) by adding at the end the following:
``(2) Review by environmental advisory board.--The
Environmental Advisory Board of the Corps of Engineers shall
review all reconnaissance studies performed under this
subsection to assess whether a proposed project is likely to
have environmental impacts that cannot be successfully or cost-
effectively mitigated and shall make recommendations to the
Secretary based on the review. The Secretary shall consider the
recommendations of the Environmental Advisory Board on a
project before recommending that a feasibility study be
conducted for the project based on a reconnaissance report.'';
and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (2) of this subsection).
TITLE II--MITIGATION
SEC. 201. FULL MITIGATION.
Section 906(d) of the Water Resources Development Act of 1986 (33
U.S.C. 2283(a)) is amended--
(1) by striking ``(d) After the date'' and inserting the
following:
``(d) Mitigation Plans as Part of Project Proposals.--
``(1) In general.--After the date'';
(2) in the first sentence of paragraph (1) (as so
designated) by inserting ``fully'' before ``mitigate'';
(3) by adding at the end the following:
``(2) Standards for mitigation.--To mitigate losses to fish
and wildlife resulting from a water resources project, the
Secretary shall meet the highest standards typically required
of private parties under related Federal programs and shall, at
a minimum, acquire and restore an acre of habitat to replace
each acre of habitat negatively impacted by the project. If the
project negatively impact resources other than aquatic and
terrestrial habitat, the Secretary shall take steps to ensure
that impacted resources, such as fish killed by vessels, are
replaced on at least a one-to-one basis.
``(3) Design of mitigation projects.--The Secretary shall
design mitigation projects to reflect contemporary
understanding of the importance of spatial distribution of
habitat and the natural hydrology of aquatic ecosystems, and
shall fully mitigate the adverse hydrologic impacts of
projects.
``(4) Recommendation of projects.--The Secretary shall not
recommend a water resources project alternative or choose a
project alternative in any final record of decision,
environmental impact statement, or environmental assessment
completed after the date of enactment of this paragraph unless
the Secretary determines that the mitigation plan for the
alternative will cost-effectively and successfully mitigate the
adverse impacts of the project on aquatic resources and fish
and wildlife.
``(5) Completion of mitigation before construction of new
projects.--The Secretary shall complete all planned mitigation
in a particular watershed before constructing any new water
resources project in that watershed.''; and
(4) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) with
paragraphs (2) through (5) (as added by paragraph (3) of this
subsection).
SEC. 202. CONCURRENT MITIGATION.
Section 906(a)(1) of the Water Resources Development Act of 1986
(33 U.S.C. 2283(a)(1)) is amended by adding at the end the following:
``To ensure concurrent mitigation, the Secretary shall complete 50
percent of required mitigation before beginning project construction,
and shall use a proportionate amount of project construction funding to
complete the required mitigation.''. | Establishes in the Army Corps of Engineers an Office of Independent Review to review the projects covered under this title. Defines as controversial projects those which: (1) are subject to a substantial degree of public controversy; (2) the affected State objects to; or (3) the U.S. Fish and Wildlife Service determines are likely to have a significant adverse effect on fish and wildlife after taking into account any proposed mitigation plan. Limits to $250,000 the cost of a review, authorizing the Secretary to waive such limit for good cause shown.
(Sec. 102) Directs the Secretary to establish a stakeholder advisory group to assist the Secretary with the development of each feasibility study under this title and to enhance public participation in such study.
(Sec. 103) Directs the Secretary to monitor the economic and environmental results of each project having an estimated total cost of more than $25 million and to report annually to Congress on such project's performance.
(Sec. 104) Prohibits the Secretary from recommending a plan for a proposed project until all project costs, including mitigation, have been calculated.
(Sec. 105) Directs the Secretary to revise the principles and guidelines for flood control projects to: (1) incorporate a national ecological restoration account, a national economic development account, and an optimum trade-off plan to maximize account benefits; (2) incorporate new techniques in risk and uncertainty analysis; (3) eliminate biases and disincentives for nonstructural flood damage projects; (4) incorporate new analytical techniques; and (5) encourage the restoration of aquatic ecosystems.
(Sec. 106) Requires the Corp's Environmental Advisory Board to review all water resource reconnaissance studies to assess whether a proposed project is likely to have environmental impacts that cannot be successfully mitigated and to make recommendations to the Secretary based on such review.
Title II: Mitigation
- Requires the submission of a plan which will fully mitigate (currently, only mitigate) fish and wildlife losses created by a project before the Secretary may propose the authorization of such project to Congress. Directs the Secretary, in such mitigation, to meet the highest standards typically required of private parties under related Federal programs and to acquire and restore at least an acre of habitat to replace each acre negatively impacted by the project. Prohibits the Secretary from recommending a project alternative unless the Secretary determines that the mitigation plan for the alternative project will cost-effectively and successfully mitigate all adverse impacts of such project on aquatic resources and fish and wildlife. Requires the Secretary to complete all planned mitigation in a particular watershed before constructing any new project in that watershed.
(Sec. 202) Requires the Secretary, to ensure concurrent mitigation, to complete 50 percent of all required project mitigation before beginning project construction and to use a proportionate amount of project funding to complete such mitigation. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Colorado Charter
Forest Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Charter forest demonstration project for National Forest System
lands in Colorado.
Sec. 4. Independent scientific review and monitoring.
Sec. 5. Community management council.
Sec. 6. Relation to National Environmental Policy Act of 1969.
Sec. 7. Predecisional review process for demonstration project.
Sec. 8. Stewardship contracting authority.
Sec. 9. Retention and use of receipts.
Sec. 10. Authorization of appropriations; offset.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``Charter Forest demonstration project'' and
``demonstration project'' mean the demonstration project
required by this Act for covered National Forest System lands
in the State of Colorado.
(2) The terms ``community management council'' and
``council'' mean the community management council appointed
under section 5.
(3) The term ``covered National Forest System lands'' means
the National Forest System lands in the State of Colorado.
(4) The terms ``independent scientific panel'' and
``panel'' mean the panel assembled by the Secretary under
section 4.
(5) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
SEC. 3. CHARTER FOREST DEMONSTRATION PROJECT FOR NATIONAL FOREST SYSTEM
LANDS IN COLORADO.
(a) Demonstration Project Required.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, shall conduct a
demonstration project for National Forest System lands in the State of
Colorado for the purpose of increasing community involvement in
decisionmaking regarding the management of the covered National Forest
System lands and evaluating various methods, described in this Act, to
improve the management and health of the covered National Forest System
lands. The demonstration project shall be known as the ``Charter Forest
demonstration project''.
(b) Commencement of Demonstration Project.--The Secretary shall
commence the demonstration project as soon as practicable after the
submission of the initial report of the independent scientific panel
under section 4.
(c) Duration.--The Secretary shall terminate the demonstration
project at the end of the 10-year period beginning on the date the
demonstration project is commenced under subsection (b).
(d) Relation to Other National Forest System Laws.--Except as
provided in this Act, during the term of the demonstration project, the
Secretary shall continue to manage the covered National Forest System
lands under all of the laws and regulations governing occupancy, use,
and management of the National Forest System.
SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING.
(a) Review of Ecological, Social, and Economic Sustainability.--
(1) Initial review.--The Secretary shall assemble an
independent scientific panel to conduct an assessment, using
accepted measures and indicators, of the ecological, social,
and economic sustainability of the covered National Forest
System lands, taking into consideration such factors as forest
health, susceptibility to catastrophic fire, susceptibility to
insect infestation, biological diversity, and economic
productivity of the covered National Forest System lands.
(2) Submission of results.--Not later than one year after
the date of the enactment of this Act, the panel shall submit
to the Secretary and Congress a report containing the results
of the assessment conducted under this subsection.
(b) Subsequent Monitoring of Demonstration Project.--
(1) Monitoring plan.--The panel shall prepare a monitoring
plan to be used to track the implementation of the charter
forest demonstration project.
(2) Revised review.--At the end of the first five years of
the demonstration project and upon the completion of the
demonstration project, the panel shall revise the assessment
conducted under subsection (a) and resubmit it to the Secretary
and to Congress.
(3) Effects of charter project.--Using the information
collected from the monitoring plan, the panel shall include in
each revised assessment an evaluation of the positive and
negative impacts of the demonstration project on changes in the
ecological, social, and economic sustainability and
susceptibility to insect infestation and catastrophic wildfire
of the covered National Forest System lands.
SEC. 5. COMMUNITY MANAGEMENT COUNCIL.
(a) Establishment and Purposes.--The Secretary shall establish a
community management council as part of the charter forest
demonstration project for the purpose of--
(1) advising the Secretary and the supervisor of the
covered National Forest System lands on the broad array of
environmental, economic, and social issues related to the
management, occupancy, and use of the covered National Forest
System lands;
(2) assisting in the development of binding priorities for
management activities, including hazardous fuels reduction,
watershed protection, disease, insect and invasive species
treatment and control; and
(3) assisting the Secretary in the development of the
``charter'' and consideration of proposed projects and
activities under section 6.
(b) Appointment and Members.--The council shall consist of 13
members, appointed by the Secretary as follows:
(1) Five members appointed from nominations provided by the
Governor of Colorado.
(2) Four members appointed from nominations provided by the
senior Senator from Colorado.
(3) Four members appointed from nominations provided by the
junior Senator from Colorado.
(c) Qualifications.--The members of the council should be appointed
from communities in close proximity to the covered National Forest
System lands and represent a broad range of interests, including
conservation interests, forestry experts, commodity and forest products
interests, experts in the field of energy development, and the
interests of county and municipal governments in the area. Members
should have a demonstrated ability to constructively work toward
beneficial solutions with a diverse range of interests on complex land
management issues.
(d) Regional Forester.--The Forest Service Regional Forester
responsible for Colorado shall serve as an ex officio member of the
council.
(e) Vacancies.--Vacancies on the council shall be filled in the
same manner as the original appointment.
(f) Compensation.--Members of the council who are not Federal
employees shall serve without compensation.
(g) Other Council Authorities and Requirements.--
(1) Staff assistance.--The council may request the
Secretary to provide staff assistance to the council from
Federal employees under the jurisdiction of the Secretary.
(2) Meetings.--All meetings of the council shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public.
(3) Records.--The council shall maintain records of the
meetings of the council and make the records available for
public inspection.
(4) Relation to other law.--The council shall be exempt
from the provisions of the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) Charter.--
(1) Preparation.--Not later than 60 days after the
appointment of all of the members to the community management
council, the Secretary shall begin to develop a ``Charter'' for
the covered National Forest System lands, notwithstanding the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(2) Role of council.--The Secretary shall prepare the
Charter and any amendment thereto, with the advice and
cooperation of the council.
(b) Content.--The Charter for the demonstration project shall
address the following:
(1) Land and resource management goals and objectives for
the covered National Forest System lands, including desired
landscape conditions and management outcomes and outputs, to be
realized during the term of the demonstration project, and at
various intervals thereof.
(2) Standards and guidelines for achieving the land and
resource management goals and objectives.
(3) A monitoring plan to ensure that project level
activities are consistent with the land and resource management
goals and objectives and related standards and guidelines.
(c) Legal Requirements.--Upon establishment, the Secretary shall
carry out only those projects and activities on the covered National
Forest System lands that are consistent with the requirements of this
Act and the Charter.
(d) Adoption.--The Charter shall be considered as operative upon
the approval of the Secretary and the majority of the members of the
council.
(e) Effect of Adoption.--
(1) Consistent projects and activities.--If the Secretary
determines that a proposed project or activity under the
demonstration project is consistent with the requirements of
this Act and the Charter, the Secretary shall not be required
to do additional analysis under the National Environmental
Policy Act of 1969 with regard to the project or activity
notwithstanding other regulations, policies, and other
administrative directives.
(2) Inconsistent projects and activities.--If the Secretary
determines that a proposed project or activity under the
demonstration project is not consistent with the requirements
of this Act and the Charter, the Secretary may not approve the
proposed project or activity unless--
(A) the project or activity is revised so as to be
compatible with the Charter; or
(B) the Charter is amended, by the Secretary and a
majority of the members of the council, so that the
project or activity is compatible with the charter.
(f) Challenge.--
(1) Authority to file.--If an individual or entity that
meets the standing requirements necessary to challenge a
determination of the Secretary under subsection (e) disagrees
with the Secretary's determination regarding the compatibility
of a project or activity with the Charter, the person may file
a predecisional objection under section 7 with the Secretary.
(2) Response.--If the Secretary, after consultation with
the council, agrees with the appellant that the project or
activity is not compatible with the Charter, the Secretary may
not conduct the project or activity unless--
(A) the project or activity is revised, as provided
in subsection (e)(2)(A); or
(B) the Charter is amended, as provided in
subsection (e)(2)(B).
SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall promulgate rules to establish
a predecisional review process that would be used during the term of
Charter forest demonstration project in connection with site-specific
projects for the covered National Forest System lands.
(b) Required Elements of Predecisional Review.--
(1) Notice.--The rules required by subsection (a) shall
provide for notice of a proposed decision and an opportunity to
request review before a final decision on a site-specific
project is made.
(2) Right to request a predecisional review.--For a period
not to exceed 30 days from the date notice is provided pursuant
to paragraph (1), review of a proposed decision may be
requested by any individual or entity, but only if the
individual or entity is resident or domiciled in the State of
Colorado.
(3) Completion of review.--The review of a request for
predecisional review shall be completed before issuance of a
final decision regarding the project at issue. The review shall
be completed within 30 days after the date the request was
submitted.
(c) Exemption.--The Secretary may exempt any proposed decision
responding to an unexpected or serious event that would provide relief
from hazards threatening human health, property, and safety, natural
resources, forest health, or to provide for rehabilitation and recovery
of forest resources, from the predecisional review rules prescribed
under this section.
(d) Exhaustion of Predecisional Review Process.--Notwithstanding
any other provision of law, an individual or entity must exhaust the
predecisional review process before the individual or entity may bring
an action in court challenging a site-specific project under the
demonstration project.
(e) Presumption.--In any predecisional review of a management
activity under the demonstration project, the official or
administrative entity responsible for the review or the court with
jurisdiction over litigation resulting from the review shall give
deference to the expert judgment of the Secretary in identifying and
interpreting the scientific data that is the basis for the activity.
(f) Relation to Forest Service Decision Making and Appeals
Reform.--Section 322 of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612
note), shall not apply to activities conducted under the demonstration
project.
SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY.
(a) Use of Existing Demonstration Authority.--During the term of
the Charter forest demonstration project, the Secretary may enter into
stewardship and end result contracts for the covered National Forest
System lands in accordance with section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (as contained in
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104
note), to accomplish the land management goals specified in subsection
(b) of such section.
(b) Additional Contracts.--The contracts entered into under the
authority of subsection (a) shall be in addition to the stewardship and
end result contracts authorized under such section 347, section 338 of
the Department of the Interior and Related Agencies Appropriations Act,
2001 (Public Law 106-291; 16 U.S.C. 2104 note), or any other provision
of law.
SEC. 9. RETENTION AND USE OF RECEIPTS.
(a) Retention.--During the term of the Charter forest demonstration
project, the Secretary shall retain the monetary proceeds from
commercial timber sales, special use permit fees, and all other
receipts derived from the covered National Forest System lands and any
funds appropriated with respect to the covered National Forest System
lands. Such receipts and funds shall not be subject to overhead
assessments.
(b) Use.--The Secretary shall use the funds for projects for the
covered National Forest System lands, with priority placed on projects
related to forest health, insect eradication, environmental
restoration, watershed protection, hazardous fuels reduction, and
disease and invasive species control.
(c) Role of Council.--The Secretary shall consult with the council
in selecting projects under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS; OFFSET.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $5,000,000 for each of the fiscal years
2009 through 2019 to implement this Act.
(b) Sense of Congress Regarding Offset.--It is the sense of
Congress that, to offset the funds appropriated to implement this Act
for a fiscal year, the Forest Service land acquisition budget for that
fiscal year should be reduced by an equal amount. | Colorado Charter Forest Act of 2008 - Directs the Secretary of Agriculture to conduct a demonstration project for National Forest System lands in Colorado ("covered lands") for the purposes of increasing community involvement in decision making regarding management and evaluating methods to improve the health and management of the lands.
Requires establishment of: (1) an independent scientific panel to assess the ecological, social, and economic sustainability of the covered lands and prepare a monitoring plan; and (2) a community management council to advise on environmental, economic, and social issues related to the management, occupancy, and use of the lands.
Requires the Secretary, not later than 60 days after appointment of the community management council, to begin to develop a land and resource management charter for the covered lands, notwithstanding the requirements of the National Environmental Policy Act of 1969.
Requires the Secretary to promulgate rules to establish a pre-decision review process for use in connection with site-specific projects.
Expresses the sense of Congress that in order to offset funds appropriated to implement this Act for a fiscal year, the Forest Service land acquisition budget for that year should be reduced by an equal amount. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsibility in Drug and Device
Advertising Act of 2008''.
SEC. 2. DIRECT-TO-CONSUMER DRUG OR DEVICE ADVERTISING.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended--
(1) in section 301, by adding at the end the following:
``(oo) The conduct of direct-to-consumer advertising of a drug or
device in violation of section 503C.''; and
(2) in chapter V, by inserting after section 503B the
following:
``SEC. 503C. DIRECT-TO-CONSUMER DRUG OR DEVICE ADVERTISING.
``(a) Prohibitions.--
``(1) First three years.--
``(A) In general.--Subject to subparagraph (B), no
person shall conduct direct-to-consumer advertising
of--
``(i) a drug for which an application is
submitted under section 505(b) before the end
of the 3-year period beginning on the date of
the approval of such application; or
``(ii) a class II or class III device for
which a premarket notification is submitted
under section 510(k) or a class III device for
which a premarket approval is sought under
section 515, before the end of the 3-year
period beginning on the date of the
notification or approval, respectively.
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A) to a drug or device
during the third year of the 3-year period described in
such subparagraph if--
``(i) the sponsor of the drug or device
submits an application to the Secretary
pursuant to subparagraph (C); and
``(ii) the Secretary, after considering the
application and any accompanying materials,
determines that direct-to-consumer advertising
of the drug or device would have an affirmative
value to public health.
``(C) Application for waiver.--To seek a waiver
under subparagraph (B), the sponsor of a drug or device
shall submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require.
``(2) Subsequent years.--
``(A) Extension of prohibition.--The Secretary may
prohibit direct-to-consumer advertising of a drug or a
class II or class III device during the period
beginning at the end of the 3-year period described in
paragraph (1)(A) if the Secretary determines that the
drug or device has significant adverse health effects
based on post-approval studies, risk-benefit analyses,
adverse event reports, the scientific literature, any
clinical or observational studies, or any other
appropriate resource.
``(B) Fair balance of benefits and risks for drugs
and devices for permitted dtc advertising.--Any direct-
to-consumer advertising of a drug or a class II or
class III device permitted under this section shall
include a fair balance, as supported by the evidence,
of the benefits and the risks associated with the drug
or device.
``(b) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall revise the regulations
promulgated under this Act governing advertisements of drugs and
devices to the extent necessary to implement this section.
``(c) Rule of Construction.--This section shall not be construed to
diminish the authority of the Secretary to prohibit or regulate direct-
to-consumer advertising of drugs or devices under other provisions of
law.''.
(b) Effective Date.--The amendments made by subsection (a) apply
only with respect to a drug for which an application is approved under
section 505(b) of the Federal Food, Drug, and Cosmetic Act, a class II
or class III device for which a notification is submitted under section
510(k) of such Act, or a class III device for which an application is
approved under section 515 of such Act, on or after the date that is 1
year before the date of the enactment of this Act.
SEC. 3. PROMINENT DISPLAY OF INFORMATION IN ADVERTISING ON SIDE
EFFECTS, CONTRAINDICATIONS, AND EFFECTIVENESS.
(a) Requirement for Drugs.--
(1) In general.--Subparagraph (3) of section 502(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) is
amended--
(A) by striking ``such other information'' and all
that follows through ``which shall be issued by'' and
inserting ``such other information in brief summary
relating to side effects, contraindications, and
effectiveness as shall be required in regulations which
shall require such information to be prominently
displayed in terms of font size and location and shall
be issued by'';
(B) by striking ``in the case of published direct-
to-consumer advertisements'' and inserting ``in the
case of direct-to-consumer advertisements (including an
advertisement that accompanies video programming
delivered by television broadcasting or by a
multichannel video programming distributor (as defined
in section 602 of the Communications Act of 1934))'';
and
(C) by striking ``published after the effective
date'' and inserting ``disseminated after the effective
date''.
(2) Discontinuance of study.--The Secretary of Health and
Human Services shall discontinue the study required by section
906(b) of the Food and Drug Administration Amendments Act of
2007 (Public Law 110-85).
(b) Application of Similar Rules for Devices.--The first sentence
of section 502(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352(r)) is amended--
(1) by striking ``(1) a true statement'' and inserting ``a
true statement (1)'';
(2) by striking ``a brief statement''; and
(3) by inserting before the period at the end the
following: ``, and in the case of direct-to-consumer
advertisements (including an advertisement that accompanies
video programming delivered by television broadcasting or by a
multichannel video programming distributor (as defined in
section 602 of the Communications Act of 1934)) the following
statement printed in conspicuous text: `You are encouraged to
report negative side effects of medical devices to the FDA.
Visit www.fda.gov/medwatch, or call 1-800-FDA-1088.'''.
(c) Effective Date.--The amendments made by this section apply with
respect to any advertisement or other descriptive printed matter that
is issued or caused to be issued on or after the date that is 90 days
after the date of the enactment of this Act. Not later than 90 days
after the date of the enactment of this Act, the Secretary shall revise
any regulations promulgated pursuant to subsections (n) and (r) of
section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352)
to the extent necessary to implement this section.
SEC. 4. CIVIL PENALTY.
Subsection (g) of section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended to read as follows:
``(g) Drug or Device Advertising and Promotion.--
``(1) Civil penalty.--
``(A) In general.--Any manufacturer, packer, or
distributor of a drug or device who violates section
505(n), section 503C, or any other requirement of this
Act relating to the advertising or promotion of the
drug or device shall be subject to a civil penalty in
an amount not to exceed--
``(i) in the case of the first such
violation by the manufacturer, packer, or
distributor relating to the drug or device,
$1,000,000; and
``(ii) in the case of each subsequent
violation by the manufacturer, packer, or
distributor relating to the drug or device, an
amount that is twice the amount of the maximum
civil penalty applicable under this
subparagraph to the previous violation.
``(B) Procedure.--Paragraphs (3) through (5) of
subsection (f) shall apply with respect to a civil
penalty under subparagraph (A) to the same extent and
in the same manner as those paragraphs apply with
respect to a civil penalty under paragraph (1), (2),
(3), or (4) of subsection (f).
``(2) Distribution of materials.--If the Secretary finds
that a person committed a violation described in paragraph
(1)(A), the Secretary may order the person to distribute
materials in the same markets in which the violative
advertisement or promotional material was distributed in a
manner designed to notify the public and the medical community
of the violation and to provide corrective information.
``(3) Separate offense.--For purposes of imposing a civil
penalty under this subsection, each violation described in
paragraph (1)(A), including each distribution of a direct-to-
consumer advertisement in violation of section 503C, shall
constitute a separate offense.
``(4) Relation to other penalties.--A civil penalty under
paragraph (1) and an order under paragraph (2) shall be in
addition to any other penalty applicable under this Act or
other law to the violation involved.''.
SEC. 5. PUBLIC EDUCATION CAMPAIGN ON RISKS OF CERTAIN DRUGS AND
DEVICES.
The Secretary of Health and Human Services shall conduct an
education campaign to increase public awareness of risks that, for some
patients, may outweigh the benefits of using a particular drug or
device, whether such risks are known at the time of the approval of the
drug or device or become known after the approval of the drug or
device.
SEC. 6. ADDITIONAL FUNDING FOR REGULATION OF DIRECT-TO-CONSUMER DRUG
AND DEVICE ADVERTISING.
There are authorized to be appropriated to the Food and Drug
Administration such sums as may be necessary for each of fiscal years
2009 and 2010 for the purpose of regulating direct-to-consumer drug and
device advertisements, including by carrying out the amendments made by
section 2. The authorization of appropriations in the preceding
sentence is in addition to any other authorization of appropriations
for such purpose. | Responsibility in Drug and Device Advertising Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit direct-to-consumer advertising in the first three years after approval of a new drug or device. Authorizes the Secretary of Health and Human Services to: (1) waive such prohibition if such advertising would have an affirmative value to public health; and (2) continue such prohibition in subsequent years if the drug or device has significant adverse health effects.
Requires any direct-to-consumer advertisement to include a fair balance of the benefits and risks associated with the drug or device.
Deems a drug to be misbranded if a direct-to-consumer television advertisement for such drug does not prominently display a statement encouraging individuals to report negative side effects of prescription drugs to the Food and Drug Administration (FDA). Requires the Secretary to discontinue the study designed to determine if such a statement is appropriate for television advertisements.
Deems a device to be misbranded if a direct-to-consumer television advertisement for such device does not include a statement encouraging individuals to report negative side effects of medical devices to the FDA.
Sets forth civil monetary penalties for violations relating to the advertising and promotion of a drug or device. Allows the Secretary to order the distribution of materials to notify the public and the medical community of such a violation and to provide corrective information.
Requires the Secretary to conduct an education campaign to increase public awareness of risks that, for some patients, may outweigh the benefits of using a particular drug or device.
Authorizes additional appropriations to regulate direct-to-consumer drug and device advertisements. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families Educational Opportunity Act
of 1997''.
SEC. 2. DEDUCTION FOR QUALIFIED HIGHER EDUCATION EXPENSES.
(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 221 as
section 222 and by inserting after section 220 the following new
section:
``SEC. 221. QUALIFIED HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction the amount of qualified higher
education expenses paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount allowed as a deduction
under subsection (a) for any taxable year shall not exceed
$10,000.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowed as a
deduction under subsection (a) (after application of
paragraph (1)) shall be reduced (but not below zero) by
$2,000 for each $5,000 (or part thereof) by which the
taxpayer's modified adjusted gross income for such
taxable year exceeds $40,000 ($60,000 in the case of a
joint return).
``(B) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219 and 469.
For purposes of sections 86, 135, 219, and 469,
adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(C) Inflation adjustments.--
``(i) In general.--In the case of a taxable
year beginning after 1998, the $40,000 and
$60,000 amounts described in subparagraph (A)
shall each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 1997' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $1,000,
such amount shall be rounded to the next lowest
multiple of $1,000.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified higher education
expenses' means tuition and fees charged by an educational
institution and required for the enrollment or attendance of--
``(A) the taxpayer,
``(B) the taxpayer's spouse, or
``(C) any child of the taxpayer (within the meaning
of section 151(c)(3)), or any individual for whom the
taxpayer is the legal guardian,
as an eligible student at an eligible educational institution
(as defined in section 135(c)(3)) on a full-time basis.
``(2) Exception for education involving sports, etc.--Such
term does not include expenses with respect to any course or
other education involving sports, games, or hobbies, unless
such expenses are part of a degree program.
``(d) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for qualified higher education
expenses with respect to which a deduction is allowable
to the taxpayer under any other provision of this
chapter unless the taxpayer irrevocably waives his
right to the deduction of such expenses under such
other provision.
``(B) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year
begins.
``(C) Savings bond exclusion.--A deduction shall be
allowed under subsection (a) for qualified higher
education expenses only to the extent the amount of
such expenses exceeds the amount excludable under
section 135 for the taxable year.
``(2) Limitation on taxable year of deduction.--A deduction
shall be allowed under subsection (a) for any taxable year only
to the extent the qualified higher education expenses are in
connection with--
``(A) attendance during the taxable year, or
``(B) an academic term beginning during such
taxable year or during the 1st 3 months of the next
taxable year.''
(b) Deduction Allowed Without Itemization.--Section 62(a) is
amended by inserting after paragraph (16) the following new paragraph:
``(17) Qualified higher education expenses.--The deduction
allowed by section 221.''
(c) 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 221 and inserting:
``Sec. 221. Higher education expenses.
``Sec. 222. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1997. | Families Educational Opportunity Act of 1997 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $10,000. Provides for a limitation based on modified adjusted gross income. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waterfront Community Revitalization
and Resiliency Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) many communities in the United States were developed
along waterfronts;
(2) water proximity and access is a recognized economic
driver;
(3) water shortages faced by parts of the United States
underscore the need to manage water sustainably and restore
water quality;
(4) interest in waterfront revitalization and development
has grown, while the circumstances driving waterfront
development have changed;
(5) waterfront communities face challenges to revitalizing
and leveraging water resources, such as outdated development
patterns, deteriorated water infrastructure, industrial
contamination of soil and sediment, and lack of public access
to the waterfront, which are often compounded by overarching
economic distress in the community;
(6) public investment in waterfront community development
and infrastructure should reflect changing ecosystem conditions
and extreme weather projections to ensure strategic, resilient
investments;
(7) individual communities have unique priorities,
concerns, and opportunities related to waterfront restoration
and community revitalization; and
(8) the Secretary of Commerce has unique expertise in Great
Lakes and ocean coastal resiliency and economic development.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Resilient waterfront community.--The term ``resilient
waterfront community'' means a unit of local government or
Indian tribe that is--
(A)(i) bound in part by--
(I) the Great Lakes; or
(II) the ocean; or
(ii) bordered or traversed by a riverfront or an
inland lake;
(B) self-nominated as a resilient waterfront
community; and
(C) designated by the Secretary as a resilient
waterfront community on the basis of the development by
the community of an eligible resilient waterfront
community plan, with eligibility determined by the
Secretary after considering the requirements of
subsections (b) and (c) of section 4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 4. RESILIENT WATERFRONT COMMUNITIES DESIGNATION.
(a) Designation.--
(1) In general.--Subject to paragraph (2), the Secretary
shall designate resilient waterfront communities based on the
extent to which a community meets the criteria described in
subsection (b).
(2) Collaboration.--For inland lake and riverfront
communities, in making the designation described in paragraph
(1), the Secretary shall work with the Administrator of the
Environmental Protection Agency and the heads of other Federal
agencies, as the Secretary determines to be necessary.
(b) Resilient Waterfront Community Plan.--A resilient waterfront
community plan is a community-driven vision and plan that is
developed--
(1) voluntarily at the discretion of the community--
(A) to respond to local needs; or
(B) to take advantage of new water-oriented
opportunities;
(2) with the leadership of the relevant governmental entity
or Indian tribe with the active participation of--
(A) community residents;
(B) utilities; and
(C) interested business and nongovernmental
stakeholders;
(3) as a new document or by amending or compiling community
planning documents, as necessary, at the discretion of the
Secretary;
(4) in consideration of all applicable State and Federal
coastal zone management planning requirements;
(5) to address economic competitive strengths; and
(6) to complement and incorporate the objectives and
recommendations of applicable regional economic plans.
(c) Components of a Resilient Waterfront Community Plan.--A
resilient waterfront community plan shall--
(1) consider all, or a portion of, the waterfront area and
adjacent land and water to which the waterfront is connected
ecologically, economically, or through local governmental or
tribal boundaries;
(2) describe a vision and plan for the community to develop
as a vital and resilient waterfront community, integrating
consideration of--
(A) the economic opportunities resulting from water
proximity and access, including--
(i) water-dependent industries;
(ii) water-oriented commerce; and
(iii) recreation and tourism;
(B) the community relationship to the water,
including--
(i) quality of life;
(ii) public health;
(iii) community heritage; and
(iv) public access, particularly in areas
in which publicly funded ecosystem restoration
is underway;
(C) ecosystem challenges and projections, including
unresolved and emerging impacts to the health and
safety of the waterfront and projections for extreme
weather and water conditions;
(D) infrastructure needs and opportunities, to
facilitate strategic and sustainable capital
investments in--
(i) docks, piers, and harbor facilities;
(ii) protection against storm surges,
waves, and flooding;
(iii) stormwater, sanitary sewer, and
drinking water systems, including green
infrastructure and opportunities to control
nonpoint source runoff; and
(iv) other community facilities and private
development; and
(E) such other factors as are determined by the
Secretary to align with metrics or indicators for
resiliency, considering environmental and economic
changes.
(d) Duration.--After the designation of a community as a resilient
waterfront community under subsection (a), a resilient waterfront
community plan developed in accordance with subsections (b) and (c) may
be--
(1) effective for the 10-year period beginning on the date
on which the Secretary approves the resilient waterfront
community plan; and
(2) updated by the resilient waterfront community and
submitted to the Secretary for the approval of the Secretary
before the expiration of the 10-year period.
SEC. 5. RESILIENT WATERFRONT COMMUNITIES NETWORK.
(a) In General.--The Secretary shall develop and maintain a
resilient waterfront communities network to facilitate the sharing of
best practices among waterfront communities.
(b) Public Recognition.--In consultation with designated resilient
waterfront communities, the Secretary shall provide formal public
recognition of the designated resilient waterfront communities to
promote tourism, investment, or other benefits.
SEC. 6. WATERFRONT COMMUNITY REVITALIZATION ACTIVITIES.
(a) In General.--To support a community in leveraging other sources
of public and private investment, the Secretary may use existing
authority to support--
(1) the development of a resilient waterfront community
plan, including planning and feasibility analysis; and
(2) the implementation of strategic components of a
resilient waterfront community plan after the resilient
waterfront community plan has been approved by the Secretary.
(b) Non-Federal Partners.--
(1) Lead non-federal partners.--A unit of local government
or an Indian tribe shall be eligible to be considered as a lead
non-Federal partner if the unit of local government or Indian
tribe is--
(A) bound in part by--
(i) the Great Lakes; or
(ii) the ocean; or
(B) bordered or traversed by a riverfront or an
inland lake.
(2) Non-federal implementation partners.--Subject to
subsection (d)(3), a lead non-Federal partner may contract with
an eligible non-Federal implementation partner for
implementation activities described in subsection (d)(2).
(c) Planning Activities.--
(1) In general.--Technical assistance may be provided for
the development of a resilient waterfront community plan.
(2) Eligible planning activities.--In developing a
resilient waterfront community plan, a resilient waterfront
community may--
(A) conduct community visioning and outreach;
(B) identify challenges and opportunities;
(C) develop strategies and solutions;
(D) prepare plan materials, including text, maps,
design, and preliminary engineering;
(E) collaborate across local agencies and work with
regional, State, and Federal agencies to identify,
understand, and develop responses to changing ecosystem
and economic circumstances; and
(F) conduct other planning activities that the
Secretary considers necessary for the development of a
resilient waterfront community plan that responds to
revitalization and resiliency issues confronted by the
resilient waterfront community.
(d) Implementation Activities.--
(1) In general.--Implementation assistance may be
provided--
(A) to initiate implementation of a resilient
waterfront community plan and facilitate high-quality
development, including leveraging local and private
sector investment; and
(B) to address strategic community priorities that
are identified in the resilient waterfront community
plan.
(2) Assistance.--Assistance may be provided to advance
implementation activities, such as--
(A) site preparation;
(B) environmental review;
(C) engineering and design;
(D) acquiring easements or land for uses such as
green infrastructure, public amenities, or assembling
development sites;
(E) updates to zoning codes;
(F) construction of--
(i) public waterfront or boating amenities;
and
(ii) public spaces;
(G) infrastructure upgrades to improve coastal
resiliency;
(H) economic and community development marketing
and outreach; and
(I) other activities at the discretion of the
Secretary.
(3) Implementation partners.--
(A) In general.--To assist in the completion of
implementation activities, a lead non-Federal partner
may contract or otherwise collaborate with a non-
Federal implementation partner, including--
(i) a nonprofit organization;
(ii) a public utility;
(iii) a private entity;
(iv) an institution of higher education;
(v) a State government; or
(vi) a regional organization.
(B) Lead non-federal partner responsibility.--The
lead non-Federal partner shall ensure that assistance
and resources received by the lead non-Federal partner
to advance the resilient waterfront community plan of
the lead non-Federal partner and for related activities
are used for the purposes of, and in a manner
consistent with, any initiative advanced by the
Secretary for the purpose of promoting waterfront
community revitalization and resiliency.
(e) Use of Non-Federal Resources.--
(1) In general.--A resilient waterfront community receiving
assistance under this section shall provide non-Federal funds
toward completion of planning or implementation activities.
(2) Non-federal resources.--Non-Federal funds may be
provided by--
(A) 1 or more units of local or tribal government;
(B) a State government;
(C) a nonprofit organization;
(D) a private entity;
(E) a foundation;
(F) a public utility; or
(G) a regional organization.
SEC. 7. INTERAGENCY AWARENESS.
At regular intervals, the Secretary shall provide a list of
resilient waterfront communities to the applicable States and the heads
of national and regional offices of interested Federal agencies,
including at a minimum--
(1) the Secretary of Transportation;
(2) the Secretary of Agriculture;
(3) the Administrator of the Environmental Protection
Agency;
(4) the Administrator of the Federal Emergency Management
Agency;
(5) the Assistant Secretary of the Army for Civil Works;
(6) the Secretary of the Interior; and
(7) the Secretary of Housing and Urban Development.
SEC. 8. NO NEW REGULATORY AUTHORITY.
Nothing in this Act may be construed as establishing new authority
for any Federal agency.
Passed the Senate July 14, 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 1935
_______________________________________________________________________
AN ACT
To require the Secretary of Commerce to undertake certain activities to
support waterfront community revitalization and resiliency. | (This measure has not been amended since it was reported to the Senate on June 8, 2016. Waterfront Community Revitalization and Resiliency Act of 2015 (Sec. 4) This bill requires the Department of Commerce to designate as a resilient waterfront community a unit of local government or Indian tribe that meets specified criteria and is: bound in part by the Great Lakes or the ocean, or bordered or traversed by a riverfront or an inland lake; self-nominated as a resilient waterfront community; and designated as one by Commerce on the basis of a community-developed plan. In making such a designation for inland lake and riverfront communities, Commerce must work with the Environmental Protection Agency and the heads of other federal agencies as necessary. A resilient waterfront community plan is a community-driven vision and plan developed: voluntarily at the discretion of the community to respond to local needs or take advantage of new water-oriented opportunities; with the leadership of the relevant governmental entity or Indian tribe and the active participation of community residents, utilities, and interested business and nongovernmental stakeholders; in consideration of all applicable state and federal coastal zone management planning; to address economic competitive strengths; and to complement and incorporate the objectives and recommendations of regional economic plans. A resilient waterfront community plan shall consider all, or a portion of, the waterfront area and adjacent land and water to which it is connected ecologically, economically, or through local governmental or tribal boundaries, and integrate consideration of: the economic opportunities resulting from water proximity and access and the community's relationship to the water; ecosystem challenges and projections, including extreme weather and water conditions; infrastructure needs and opportunities to facilitate specified strategic and sustainable capital investments; and such other factors that align with metrics or indicators for resiliency, considering environmental and economic changes. After the designation of a resilient waterfront community, its plan may be effective for a 10-year period. (Sec. 5) Commerce must: (1) develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities; and (2) recognize such communities formally and publicly to promote tourism, investment, or other benefits. (Sec. 6) Commerce may use existing authority to support: the development of a resilient waterfront community plan, including planning and feasibility analysis; and the implementation of strategic components after the plan has been approved. A lead nonfederal partner (a local government or Indian tribe) may contract with an eligible nonfederal implementation partner (a nonprofit organization, a public utility, a private entity, an institution of higher education, a state government, or a regional organization) for implementation activities, such as site preparation, environmental review, acquisition of easements or land for uses for green infrastructure, construction of public waterfront or boating amenities and public spaces, and infrastructure upgrades to improve coastal resiliency. In developing a plan, a resilient waterfront community, among other eligible planning activities, may: conduct community visioning and outreach; and collaborate across local agencies and work with regional, state, and federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances. Assistance may be furnished to: initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and address strategic community priorities identified in the plan. The lead nonfederal partner shall ensure that assistance and resources received by it to advance its resilient waterfront community plan and for related activities are used for the purposes of any initiative advanced by Commerce to promote waterfront community revitalization and resiliency. A resilient waterfront community that receives assistance under this bill shall furnish nonfederal funds from entities eligible to be nonfederal implementation partners toward the completion of planning or implementation activities. (Sec. 7) At regular intervals Commerce must give a list of resilient waterfront communities to the applicable states and the heads of national and regional offices of interested federal agencies. (Sec. 8) Nothing in this bill may be construed as establishing new authority for any federal agency. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Small Conduit
Hydropower Development and Rural Jobs Act''.
SEC. 2. AUTHORIZATION.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended--
(1) by striking ``The Secretary is authorized to enter into
contracts to furnish water'' and inserting the following:
``(1) The Secretary is authorized to enter into contracts to
furnish water'';
(2) by striking ``(1) shall'' and inserting ``(A) shall'';
(3) by striking ``(2) shall'' and inserting ``(B) shall'';
(4) by striking ``respecting the terms of sales of electric
power and leases of power privileges shall be in addition and
alternative to any authority in existing laws relating to
particular projects'' and inserting ``respecting the sales of
electric power and leases of power privileges shall be an
authorization in addition to and alternative to any authority in
existing laws related to particular projects, including small
conduit hydropower development''; and
(5) by adding at the end the following:
``(2)(A) When carrying out this subsection, the Secretary
shall first offer the lease of power privilege to an irrigation
district or water users association operating the applicable
transferred conduit, or to the irrigation district or water
users association receiving water from the applicable reserved
conduit. The Secretary shall determine a reasonable time frame
for the irrigation district or water users association to
accept or reject a lease of power privilege offer for a small
conduit hydropower project.
``(B) If the irrigation district or water users association
elects not accept a lease of power privilege offer under
subparagraph (A), the Secretary shall offer the lease of power
privilege to other parties in accordance with this subsection.
``(3) The Bureau of Reclamation shall apply its categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower
development under this subsection, excluding siting of
associated transmission facilities on Federal lands.
``(4) The Power Resources Office of the Bureau of
Reclamation shall be the lead office of small conduit
hydropower policy and procedure-setting activities conducted
under this subsection.
``(5) Nothing in this subsection shall obligate the Western
Area Power Administration, the Bonneville Power Administration,
or the Southwestern Power Administration to purchase or market
any of the power produced by the facilities covered under this
subsection and none of the costs associated with production or
delivery of such power shall be assigned to project purposes
for inclusion in project rates.
``(6) Nothing in this subsection shall alter or impede the
delivery and management of water by Bureau of Reclamation
facilities, as water used for conduit hydropower generation
shall be deemed incidental to use of water for the original
project purposes. Lease of power privilege shall be made only
when, in the judgment of the Secretary, the exercise of the
lease will not be incompatible with the purposes of the project
or division involved, nor shall it create any unmitigated
financial or physical impacts to the project or division
involved. The Secretary shall notify and consult with the
irrigation district or water users association operating the
transferred conduit before offering the lease of power
privilege and shall prescribe terms and conditions that will
adequately protect the planning, design, construction,
operation, maintenance, and other interests of the United
States and the project or division involved.
``(7) Nothing in this subsection shall alter or affect any
existing agreements for the development of conduit hydropower
projects or disposition of revenues.
``(8) Nothing in this subsection shall alter or affect any
existing preliminary permit, license, or exemption issued by
the Federal Energy Regulatory Commission under Part I of the
Federal Power Act (16 U.S.C. 792 et seq.) or any project for
which an application has been filed with the Federal Energy
Regulatory Commission as of the date of the enactment of the
Bureau of Reclamation Small Conduit Hydropower Development and
Rural Jobs Act.
``(9) In this subsection:
``(A) Conduit.--The term `conduit' means any Bureau of
Reclamation tunnel, canal, pipeline, aqueduct, flume,
ditch, or similar manmade water conveyance that is operated
for the distribution of water for agricultural, municipal,
or industrial consumption and not primarily for the
generation of electricity.
``(B) Irrigation district.--The term `irrigation
district' means any irrigation, water conservation or
conservancy, multicounty water conservation or conservancy
district, or any separate public entity composed of two or
more such districts and jointly exercising powers of its
member districts.
``(C) Reserved conduit.--The term `reserved conduit'
means any conduit that is included in project works the
care, operation, and maintenance of which has been reserved
by the Secretary, through the Commissioner of the Bureau of
Reclamation.
``(D) Transferred conduit.--The term `transferred
conduit' means any conduit that is included in project
works the care, operation, and maintenance of which has
been transferred to a legally organized water users
association or irrigation district.
``(E) Small conduit hydropower.--The term `small
conduit hydropower' means a facility capable of producing 5
megawatts or less of electric capacity.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on April 10, 2013. Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act - Amends the Reclamation Project Act of 1939 to authorize the Secretary of the Interior (acting through the Bureau of Reclamation) to contract for the development of small conduit hydropower at Bureau facilities. Defines: (1) "small conduit hydropower" as five megawatts or less; and (2) "conduit" as a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance. Requires that power privilege leases be offered first to an irrigation district or water users association operating or receiving water from the applicable transferred or reserved conduit. Defines: (1) reserved conduit as any conduit included in project works whose care, operation, and maintenance has been reserved by the Secretary (through the Bureau); and (2) transferred conduit as any conduit included in project works whose care, operation, and maintenance has been transferred to a legally organized water users association or irrigation district. Requires the Secretary to offer the lease of power privilege to other parties if the irrigation district or water users association elects not to accept a lease of power privilege offer. Requires the Bureau to apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to small conduit hydropower, except with respect to siting of associated transmission on federal lands. Makes the Bureau's Power Resources Office the lead office for such small conduit hydropower policy and procedure-setting activities. (Thus excludes such activities from the jurisdiction of the Federal Energy Regulatory Commission [FERC].) Declares that nothing in this Act shall: (1) obligate specified power administrations to purchase or market the power produced by such facilities, (2) alter or impede the delivery and management of water for original project purposes, or (3) alter or affect any existing agreements for conduit hydropower development projects or disposition of revenues. Deems water used for conduit hydropower generation to be incidental to use of water for the original project purposes. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Ocean Protection Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the coast of California possesses unique historical,
ecological, educational, recreational, economic, and research
values that are appropriate for protection under Federal law;
(2) the threat to the coast of California, a national
treasure, continues to intensify as a result of fossil fuel
exploration and development, mineral extraction, and the
burning and dumping of toxic and hazardous wastes;
(3) the activities referred to in paragraph (2) could
result in irreparable damage to the coast of California; and
(4) the establishment of an ocean protection zone off the
coast of California would enhance recreational and commercial
fisheries, and the use of renewable resources within the zone.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Development.--The term ``development'' has the same
meaning as is provided in section 2(l) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331(l)).
(3) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States,
as defined by Presidential Proclamation 5030 of March 10, 1983.
(4) Exploration.--The term ``exploration'' has the same
meaning as is provided in section 2(k) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331(k)).
(5) Harmful ocean dumping.--The term ``harmful ocean
dumping'' shall have the meaning provided by the Administrator,
in consultation with the heads of other Federal agencies whom
the Administrator determines to be appropriate. The term shall
not include--
(A) a de minimus disposal of vessel waste;
(B) the disposal of dredged material that--
(i) would meet the requirements for
disposal under the criteria established under
section 103 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1413),
including regulations promulgated under such
section; or
(ii) is disposed of pursuant to a permit
issued pursuant to such section;
(C) a discharge that is authorized under a National
Pollutant Discharge Elimination System (NPDES) permit
issued pursuant to section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342); and
(D) a disposal that is carried out by an
appropriate Federal agency under title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1411 et seq.).
(6) Minerals.--The term ``minerals'' has the same meaning
as is provided in section 2(q) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(q)).
(7) Outer continental shelf.--The term ``outer Continental
Shelf'' has the same meaning as is provided under section 2(a)
of such Act (43 U.S.C. 1331(a)).
(8) Person.--The term ``person'' has the same meaning as is
provided in section 2(d) of such Act (43 U.S.C. 1331(d)).
(9) Production.--The term ``production'' has the same
meaning as is provided in section 2(m) of such Act (43 U.S.C.
1331(m)).
(10) Territorial sea .--The term ``territorial sea'' means
the belt of sea measured from the baseline of the United
States, determined in accordance with international law, as set
forth in Presidential Proclamation 5928, dated December 27,
1988.
(11) Zone.--The term ``Zone'' means the California Ocean
Protection Zone established under section 4.
SEC. 4. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE.
There is hereby established a California Ocean Protection Zone. The
Zone shall consist of--
(1) waters of the Exclusive Economic Zone that are
contiguous to those waters of the territorial sea that are
contiguous to the State of California; and
(2) that portion of the outer Continental Shelf underlying
the waters.
SEC. 5. RESTRICTIONS.
(a) Mineral Exploration, Development, and Production.--
(1) Issuance of leases, permits, and licenses.--
Notwithstanding any other provision of law, the head of a
Federal agency may not issue a lease, permit, or license for
the exploration for or development or production of oil, gas,
or other minerals in or from the Zone.
(2) Exploration, development, and production.--
(A) In general.--Notwithstanding any other
provision of law, a person may not engage in the
exploration for or development or production of oil,
gas, or other minerals in or from the Zone after the
date--
(i) of the cancellation, expiration,
transfer, relinquishment, or termination of a
lease, permit, or license in effect on the date
of enactment of this Act that permits the
exploration, development, or production;
(ii) of the suspension of operations
associated with the exploration, development,
or production under regulations described in
subparagraph (B); or
(iii) on which a lease, permit, or license
for the exploration, development, or production
in any way becomes inactive, as determined by
the Secretary of the Interior under regulations
described in subparagraph (B).
(B) Regulations.--The regulations referred to in
subparagraph (A) are those regulations implementing the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), as in effect on January 1, 1986.
(3) Lease defined.--The term ``lease'' has the meaning
provided in section 2(c) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(c)).
(b) Ocean Incineration and Dumping.--Notwithstanding any other
provision of law, the head of a Federal agency may not issue a lease,
permit, or license for--
(1) ocean incineration or harmful ocean dumping within the
Zone; or
(2) any onshore facility that facilitates ocean
incineration or harmful ocean dumping within the Zone.
SEC. 6. FISHING.
This Act is not intended to regulate, restrict, or prohibit
commercial or recreational fishing, or other harvesting of ocean life
in the Zone. | California Ocean Protection Act of 1993 - Establishes a California Ocean Protection Zone consisting of: (1) the waters of the Exclusive Economic Zone that are contiguous to territorial sea waters that are contiguous to California; and (2) that portion of the Outer Continental Shelf underlying the waters.
Bars Federal agencies from issuing leases or permits for: (1) oil, gas, or mineral exploration, development, or production in the Zone; and (2) ocean incineration or harmful ocean dumping or for any onshore facility that facilitates incineration or dumping within the Zone. Prohibits exploration, development, or production activities after an existing lease or permit terminates or becomes inactive or operations associated with such activities under regulations implementing the Outer Continental Shelf Lands Act are suspended. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy and Revenue Enrichment Act of
2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Enrichment plant.--The term ``enrichment plant'' means
a uranium enrichment plant owned by the Department of Energy
with respect to which the Nuclear Regulatory Commission has
made a determination of compliance under section 1701(b)(2) of
the Atomic Energy Act of 1954 (42 U.S.C. 2297f(b)(2)).
(3) Qualified operator.--The term ``qualified operator''
means a company that has experience in operating an enrichment
plant under Nuclear Regulatory Commission authorization and has
the ability and workforce to enrich the depleted uranium that
is owned by the Department of Energy.
(4) Reenrichment.--The term ``reenrichment'' means
increasing the weight percent of U-235 in uranium in order to
make the uranium usable.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. REENRICHMENT CONTRACT.
(a) In General.--
(1) Requirement.--The Secretary shall enter into a contract
with a qualified operator for a 24-month pilot program for the
reenrichment at an enrichment plant of the depleted uranium
described in section 2(3) that the Secretary finds economically
viable. The Secretary shall seek to maximize the financial
return to the Federal Government in negotiating the terms of
such contract.
(2) Amount of enrichment.--The Secretary shall, during each
year of the pilot program under this subsection, conduct
uranium reenrichment under such program in an amount (measured
in separative work units) equal to approximately 25 percent of
the aggregate uranium enrichment conducted in the United States
during calendar year 2010.
(3) Economic viability.--For purposes of paragraph (1),
uranium shall be considered economically viable if the cost to
the United States of the reenrichment thereof, including the
costs of the contract entered into under paragraph (1), are
less than the revenue anticipated from the sale of the
reenriched uranium.
(b) Commencement of Reenrichment Activities.--Reenrichment
activities under the contract entered into under subsection (a) shall
commence as soon as possible, but no later than June 1, 2012.
(c) Sale of Reenriched Uranium.--The Secretary may from time to
time sell the reenriched uranium generated pursuant to the contract
entered into under subsection (a).
(d) Allocation and Use of Proceeds.--Any funds received by the
Secretary from the sale of reenriched uranium generated pursuant to the
contract entered into under subsection (a) shall be allocated as
follows:
(1) First, such funds shall be available to the Secretary,
without further appropriation and without fiscal year
limitation, to carry out this section, including amounts
required to be paid under the contract entered into under
subsection (a).
(2) Any amounts not required for the purposes described in
paragraph (1) shall be transferred to the Uranium Enrichment
Decontamination and Decommissioning Fund established in section
1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g), to be
available for use, without further appropriation and without
fiscal year limitation.
SEC. 4. DEPLETED URANIUM.
(a) Title and Responsibility for Disposition.--The Secretary shall
assume title to, and responsibility for the disposition of, all
depleted uranium generated pursuant to the contract entered into under
section 3(a).
(b) Funding for Reenrichment.--To provide funding for payments
under the contract entered into under section 3(a), the Secretary may--
(1) assume title to, and responsibility for the disposition
of, depleted uranium in addition to the depleted uranium
specified in subsection (a); and
(2) transfer to the qualified operator title to uranium
generated as a result of the reenrichment pursuant to the
contract entered into under section 3(a).
SEC. 5. LIMITATION ON FEDERAL URANIUM SALES.
(a) Initial Period.--Notwithstanding section 3112(d) of the USEC
Privatization Act (42 U.S.C. 2297h-10(d)), during the 24-month pilot
program and the subsequent 24 months after that program is complete,
the Secretary may not during any calendar year sell an amount of
uranium that exceeds 15 percent of the United States' domestic uranium
supply for that year.
(b) Subsequent Period.--After the expiration of the 48-month period
described in subsection (a), the Secretary may not during any calendar
year sell an amount of uranium that exceeds 10 percent of the United
States' domestic uranium supply for that year, except to the extent
that the Secretary determines that such sales will have no significant
effect on uranium markets. | Energy and Revenue Enrichment Act of 2011 - Directs the Secretary of Energy (DOE) to contract with a qualified operator for a 24-month pilot program for the reenrichment at an enrichment plant of certain depleted uranium, beginning no later than June 1, 2012.
Authorizes the Secretary to sell the reenriched uranium generated under the contract and allocate the proceeds according to a certain scheme.
Directs the Secretary to assume title to, and responsibility for, the disposition of depleted uranium so generated.
Prohibits the Secretary from selling, each year during the pilot program and the subsequent 24 months after program completion, an amount of uranium exceeding 15% of the U.S. domestic uranium supply. Prohibits the sale of more than 10% of the U.S. domestic uranium supply during any year after such 48-month period, unless such sales will have no significant effect on uranium markets. | billsum_train |
Create a summary of the following text: SECTION 1. ESTABLISHMENT OF REGIONAL PRIVATE INDUSTRY COUNCILS UNDER
THE JOB TRAINING PARTNERSHIP ACT.
(a) In General.--Part D of title IV of the Job Training Partnership
Act (29 U.S.C. 1731 et seq.) is amended by adding at the end the
following:
``SEC. 457. REGIONAL PRIVATE INDUSTRY COUNCILS.
``(a) Establishment.--
``(1) In general.--In the case of a labor market area that
is located in more than one State, the Secretary, upon request
of the Governor of each State in which the labor market area is
located, shall establish a regional private industry council
for the labor market area in accordance with this section.
``(2) Rule of construction.--A regional private industry
council established for a labor market area under paragraph (1)
shall be in addition to the private industry council
established under section 102 for each service delivery area in
which the labor market area is located.
``(b) Membership.--
``(1) In general.--Each regional private industry council
shall consist of members determined by each Governor consistent
with the requirements contained in subsections (a) and (c) of
section 102 of this Act.
``(2) Chairman.--The chairman of the council shall be
selected from among members of the council who are
representatives of the private sector.
``(3) Terms.--Members shall be appointed for fixed and
staggered terms and may serve until their successors are
appointed. Any vacancy in the membership of the council shall
be filled in the same manner as the original appointment. Any
member of the council may be removed for cause in accordance
with procedures established by the council.
``(c) Certification.--The Secretary shall certify a regional
private industry council if the Secretary determines that its
composition and appointments are consistent with the provisions of this
section. Such certification shall be made or denied within 30 days
after the date on which a list of members and necessary supporting
documentation are submitted to the Secretary. When the Secretary
certifies the council, it shall be convened within 30 days.
``(d) Functions.--Consistent with the requirements contained in
section 103 of this Act, the Secretary shall establish the functions of
each regional private industry council established under this section
for the purpose of providing policy guidance for, and exercise
oversight with respect to, activities under the job training plan for
the labor market area of the council in partnership with the unit or
units of general local government within the labor market area.
``(e) Funding.--Notwithstanding any other provision of this Act, to
the extent practicable, amounts appropriated to carry out this part for
any fiscal year shall be provided to labor market areas with respect to
which a regional private industry council has been established under
this section in accordance with the same terms and conditions
applicable to amounts provided to service delivery areas under this
Act.
``(f) Job Training Plan.--
``(1) In general.--No funds appropriated to carry out this
part for any fiscal year may be provided to any labor market
area under this section except pursuant to a job training plan
for two program years that, to the extent practicable, meets
the requirements contained in section 104 of this Act.
``(2) Review and approval.--Consistent with the
requirements contained in section 105 of this Act, not less
than 120 days before the beginning of the first of the two
program years covered by the job training plan--
``(A) the proposed plan or summary thereof shall be
published;
``(B) the proposed plan shall be made available for
review and comment to all appropriate individuals and
entities;
``(C) the proposed plan shall be reasonably
available to the general public through such means as
public hearings and local news facilities;
``(D) the final plan, or a summary thereof, shall
be published not later than 80 days before the first of
the two program years and shall be submitted to each
Governor;
``(E) the final plan shall be submitted to the
Secretary; and
``(F) the Secretary shall approve or disapprove the
final plan not later than 30 days after the date on
which the plan is submitted.''.
(b) Conforming Amendment.--The table of contents of the Job
Training Partnership Act (29 U.S.C. 1501 note) is amended by inserting
after the item relating to section 456 the following:
``Sec. 457. Regional private industry councils.'' | Amends the Job Training Partnership Act to direct the Secretary of Labor to establish regional private industry councils for labor market areas located in more than one State, upon request of the Governors of such States.
Provides that such a regional private industry council shall be in addition to the private industry council established for each service delivery area in which the labor market area is located.
Sets forth requirements for such regional private industry councils' membership, certification, functions, funding, and job training plans. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Fairness Act of
2002''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next higher multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next higher multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next higher multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment of an individual's benefit under this section for
the month in which such individual dies shall be made in accordance
with section 204(d).''.
(d) Conforming Amendments Regarding Payment of Benefits for Month
of Recipient's Death.--
(1) Old-age insurance benefits.--Section 202(a) of the
Social Security Act (42 U.S.C. 402(a)) is amended by striking
``the month preceding'' in the matter following subparagraph
(B).
(2) Wife's insurance benefits.--
(A) In general.--Section 202(b)(1) of such Act (42
U.S.C. 402(b)(1)) is amended--
(i) by striking ``and ending with the
month'' in the matter immediately following
clause (ii) and inserting ``and ending with the
month in which she dies or (if earlier) with
the month'';
(ii) by striking subparagraph (E); and
(iii) by redesignating subparagraphs (F)
through (K) as subparagraphs (E) through (J),
respectively.
(B) Conforming amendment.--Section 202(b)(5)(B) of
such Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E),
(G), or (I)''.
(3) Husband's insurance benefits.--
(A) In general.--Section 202(c)(1) of such Act (42
U.S.C. 402(c)(1)) is amended--
(i) by striking ``and ending with the
month'' in the matter immediately following
clause (ii) and inserting ``and ending with the
month in which he dies or (if earlier) with the
month'';
(ii) by striking subparagraph (E); and
(iii) by redesignating subparagraphs (F)
through (K) as subparagraphs (E) through (J),
respectively.
(B) Conforming amendment.--Section 202(c)(5)(B) of
such Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''.
(4) Child's insurance benefits.--Section 202(d)(1) of such
Act (42 U.S.C. 402(d)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately preceding subparagraph (D) and
inserting ``and ending with the month in which such
child dies or (if earlier) with the month''; and
(B) by striking ``dies, or'' in subparagraph (D).
(5) Widow's insurance benefits.--Section 202(e)(1) of such
Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the
following occurs: she remarries, dies,'' in the matter
following subparagraph (F) and inserting ``ending with the
month in which she dies or (if earlier) with the month
preceding the first month in which any of the following occurs:
she remarries, or''.
(6) Widower's insurance benefits.--Section 202(f)(1) of
such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending
with the month preceding the first month in which any of the
following occurs: he remarries, dies,'' in the matter following
subparagraph (F) and inserting ``ending with the month in which
he dies or (if earlier) with the month preceding the first
month in which any of the following occurs: he remarries,''.
(7) Mother's and father's insurance benefits.--Section
202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended--
(A) by inserting ``with the month in which he or
she dies or (if earlier)'' after ``and ending'' in the
matter following subparagraph (F); and
(B) by striking ``he or she remarries, or he or she
dies'' and inserting ``or he or she remarries''.
(8) Parent's insurance benefits.--Section 202(h)(1) of such
Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the
following occurs: such parent dies, marries,'' in the matter
following subparagraph (E) and inserting ``ending with the
month in which such parent dies or (if earlier) with the month
preceding the first month in which any of the following occurs:
such parent marries,''.
(9) Disability insurance benefits.--Section 223(a)(1) of
such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending
with the month preceding whichever of the following months is
the earliest: the month in which he dies,'' in the matter
following subparagraph (D) and inserting the following:
``ending with the month in which he dies or (if earlier) with
whichever of the following months is the earliest:''.
(10) Benefits at age 72 for certain uninsured
individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is
amended by striking ``the month preceding'' in the matter
following paragraph (4).
(11) Exemption from maximum benefit cap.--Section 203 of
such Act (42 U.S.C. 403 is amended by adding at the end the
following new subsection:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any benefit
of an individual under section 202, 223, or 228 for the month in which
such individual dies.''.
SEC. 3. INCREASE IN LUMP-SUM DEATH PAYMENTS.
Section 202(i) of the Social Security Act (42 U.S.C. 402(i)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in subparagraph (B) (as redesignated), by striking
``paragraph (1)'' and inserting ``subparagraph (A)'';
(3) by inserting ``(1)'' after ''(i)'';
(4) by striking ``three times'' and all that follows
through ``smaller,'' and inserting ``the applicable dollar
amount for the calendar year in which the death occurs
(determined under paragraph (2))''; and
(5) by adding at the end the following new paragraph:
``(2)(A) Except as otherwise provided in subparagraph (B), the
applicable dollar amount for any calendar year is $955.
``(B) In each calendar year after 2002, the Commissioner of Social
Security shall determine and publish in the Federal Register, on or
before November 1 of such calendar year, the applicable dollar amount
for the next calendar year. Such dollar amount shall be equal to the
product derived by multiplying--
``(i) $955, by
``(ii) the ratio of--
``(I) the national average wage index (as defined
in section 209(k)(1)) for the calendar year before the
calendar year in which the determination is made, to
``(II) the national average wage index (as so
defined) for calendar year 2001.
If such product is not a multiple of $5.00, such product shall be
rounded to the next higher multiple of $5.00 in any case in which such
product is a multiple of $2.50 but not of $5.00, and to the nearest
multiple of $5.00 in any other case.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after 90 days after the date of the enactment of this Act. | Social Security Fairness Act of 2002 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month; and (2) increase the lump sum death payment. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Native Survivors of
Sexual Violence Act''.
SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC, DATING, OR SEXUAL
VIOLENCE, SEX TRAFFICKING, OR STALKING.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known
as the ``Indian Civil Rights Act of 1968'') is amended--
(1) in the section heading, by striking ``domestic
violence'' and inserting ``domestic, dating, or sexual
violence, sex trafficking, or stalking'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``means
violence'' and inserting ``includes any felony or
misdemeanor violation of the criminal law of the Indian
tribe that has jurisdiction over the Indian country
where the violation occurs that is'';
(B) in paragraph (2)--
(i) by striking ``means violence'' and
inserting ``includes any felony or misdemeanor
violation of the criminal law of the Indian
tribe that has jurisdiction over the Indian
country where the violation occurs that is'';
and
(ii) by striking ``an Indian tribe that has
jurisdiction over the Indian country where the
violence occurs'' and inserting ``that Indian
tribe'';
(C) in paragraph (4), by striking ``domestic
violence'' and inserting ``tribal'';
(D) by redesignating paragraphs (6) and (7) as
paragraphs (9) and (10), respectively;
(E) by inserting after paragraph (5) the following:
``(6) Related conduct.--The term `related conduct' means
conduct alleged to have been committed by a defendant that--
``(A) is a violation of the criminal law of the
Indian tribe that has jurisdiction over the Indian
country where the underlying offense occurred; and
``(B) occurs in connection with the exercise of
special tribal criminal jurisdiction by that Indian
tribe.
``(7) Sex trafficking.--
``(A) In general.--The term `sex trafficking' means
conduct--
``(i) consisting of--
``(I) recruiting, enticing,
harboring, transporting, providing,
obtaining, advertising, maintaining,
patronizing, or soliciting by any means
a person; or
``(II) benefiting, financially or
by receiving anything of value, from
participation in a venture that has
engaged in an act described in
subclause (I); and
``(ii) carried out with the knowledge, or,
except where the act constituting the violation
of clause (i) is advertising, in reckless
disregard of the fact, that--
``(I) means of force, threats of
force, fraud, coercion, or any
combination of such means will be used
to cause the person to engage in a
commercial sex act; or
``(II) the person has not attained
the age of 18 years and will be caused
to engage in a commercial sex act.
``(B) Definitions.--In this paragraph, the terms
`coercion' and `commercial sex act' have the meanings
given the terms in section 1591(e) of title 18, United
States Code.
``(8) Sexual violence.--The term `sexual violence' means
any nonconsensual sexual act or contact proscribed by Federal,
tribal, or State law, including in any case in which the victim
lacks the capacity to consent to the act.'';
(F) in paragraph (9) (as redesignated by
subparagraph (D))--
(i) in the paragraph heading, by striking
``domestic violence'' and inserting ``tribal'';
and
(ii) by striking ``domestic violence'' and
inserting ``tribal''; and
(G) by adding at the end the following:
``(11) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person--
``(A) to fear for his or her safety or the safety
of others; or
``(B) to suffer substantial emotional distress.'';
(3) in subsection (b)--
(A) by striking ``domestic violence'' each place
the term appears and inserting ``tribal''; and
(B) in paragraph (4)--
(i) by striking subparagraph (B);
(ii) by striking the paragraph designation
and heading and all that follows through ``A
participating'' in clause (i) of subparagraph
(A) and inserting the following:
``(4) Exception for non-indian victim and defendant.--
``(A) In general.--A participating''; and
(iii) by striking ``(ii) Definition of
victim.--In this subparagraph'' and inserting
the following:
``(B) Definition of victim.--In this paragraph'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``domestic violence'' and inserting
``tribal'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``violence and dating'' and inserting ``,
dating, and sexual''; and
(ii) by striking ``or dating violence'' and
inserting ``, dating violence, or sexual
violence''; and
(C) by adding at the end the following:
``(3) Stalking.--An act of stalking that occurs in the
Indian country of the participating tribe.
``(4) Sex trafficking.--An act of sex trafficking that
occurs in the Indian country of the participating tribe.
``(5) Related conduct.--An act of related conduct that
occurs in the Indian country of the participating tribe.'';
(5) in subsection (d), by striking ``domestic violence''
each place the term appears and inserting ``tribal''; and
(6) in subsection (f)--
(A) by striking ``special domestic violence'' each
place the term appears and inserting ``special
tribal'';
(B) in paragraph (2), by striking ``prosecutes''
and all that follows through the semicolon at the end
and inserting the following: ``prosecutes--
``(A) a crime of domestic violence;
``(B) a crime of dating violence;
``(C) a crime of sexual violence;
``(D) a criminal violation of a protection order;
``(E) a crime of stalking;
``(F) a crime of sex trafficking; or
``(G) a crime of related conduct;''; and
(C) in paragraph (4), by inserting ``sexual
violence, stalking, sex trafficking,'' after ``dating
violence,''. | Justice for Native Survivors of Sexual Violence ActThis bill amends the Indian Civil Rights Act of 1968 to revise provisions regarding tribal jurisdiction over crimes of domestic violence, including to expand tribal criminal jurisdiction to include sex trafficking, sexual violence, stalking, and related conduct. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeatedly Flooded Communities
Preparation Act''.
SEC. 2. COMMUNITY ACCOUNTABILITY FOR REPETITIVELY FLOODED AREAS.
(a) In General.--Section 1361 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4102) is amended by adding at the end the following:
``(e) Community Accountability for Repeatedly Damaged Areas.--
``(1) Definitions.--In this subsection--
``(A) the term `covered community' means a
community--
``(i) that is participating in the national
flood insurance program under section 1315; and
``(ii) within which are located--
``(I) not fewer than 50 repetitive
loss structures with respect to each of
which, during any 10-year period, there
have been not fewer than 2 claims for
payments under flood insurance coverage
for a total amount that is more than
$1,000;
``(II) not fewer than 5 severe
repetitive loss structures for which
mitigation activities meeting the
standards for approval under section
1366(c)(2)(A) have not been conducted;
or
``(III) a public facility or a
private nonprofit facility that has
received assistance for repair,
restoration, reconstruction, or
replacement under section 406 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5172) relating to more than 1 flooding
event during the most recent 10-year
period;
``(B) the terms `private nonprofit facility' and
`public facility' have the meanings given those terms
in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122);
and
``(C) the term `severe repetitive loss structure'
has the meaning given the term in section 1366(h).
``(2) Requirements for covered communities.--The
Administrator shall, by regulation, require a covered community
to--
``(A) determine the areas within the covered
community in which properties described in paragraph
(1)(A)(ii) or flood-damaged facilities are located in
order to identify areas that are repeatedly damaged by
floods;
``(B) assess, with assistance from the
Administrator, the continuing risks to the repeatedly
damaged areas identified under subparagraph (A);
``(C) develop a community-specific plan for
mitigating continuing flood risks to the repeatedly
damaged areas identified under subparagraph (A);
``(D) submit the plan described in subparagraph (C)
and any plan updates to the Administrator at
appropriate intervals;
``(E) implement the plan described in subparagraph
(C); and
``(F) subject to section 552a of title 5, United
States Code, make the plan described in subparagraph
(C), any updates to the plan, and reports on progress
in reducing flood risk available to the public.
``(3) Incorporation into existing plans.--A covered
community may incorporate a plan developed under paragraph
(2)(C) into a mitigation plan developed under--
``(A) section 1366; and
``(B) section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165).
``(4) Assistance to communities.--
``(A) Data.--To assist a covered community in
developing a plan required under paragraph (2)(C), the
Administrator shall, upon request, provide a covered
community with appropriate data regarding the property
addresses and dates of claims associated with insured
properties within the covered community.
``(B) Mitigation grants.--In making a determination
regarding financial assistance under this Act, the
Administrator may consider the extent to which a
covered community--
``(i) has complied with this subsection;
and
``(ii) is working to remedy problems with
respect to repeatedly flooded areas.
``(5) Sanctions.--
``(A) In general.--The Administrator may, by
regulations issued in accordance with the procedures
required under section 553 of title 5, United States
Code, impose appropriate sanctions on a covered
community that fails to--
``(i) comply with this subsection; or
``(ii) make sufficient progress in reducing
the flood risks to areas in the covered
community that are repeatedly damaged by
floods.
``(B) Suspension and probation.--The sanctions
described in subparagraph (A) may include suspension
from the national flood insurance program or probation
under that program, as provided under section 59.24 of
title 44, Code of Federal Regulations.
``(C) Notice.--
``(i) In general.--Before imposing any
sanctions under this paragraph, the
Administrator shall provide the covered
community that is subject to the sanctions with
notice of the violation that may subject the
covered community to the sanctions.
``(ii) Contents.--The notice required under
clause (i) shall include recommendations for
actions that the covered community receiving
the notice may take in order to bring the
covered community into compliance.
``(D) Considerations.--In determining appropriate
sanctions to impose under this paragraph, the
Administrator shall consider the resources available to
the covered community that is subject to the sanctions,
including--
``(i) any Federal funding received by the
covered community;
``(ii) the portion of the covered community
that lies within an area having special flood
hazards; and
``(iii) any other factor that makes it
difficult for the covered community to conduct
mitigation activities for flood-prone
structures.
``(6) Reports to congress.--Not later than 6 years after
the date of enactment of this subsection, and not less
frequently than once every 2 years thereafter, the
Administrator shall submit to Congress a report regarding the
progress made by covered communities with respect to
implementing plans developed under paragraph (2)(C).''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall issue regulations necessary to carry out subsection (e) of
section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C.
4102), as added by subsection (a) of this section. | Repeatedly Flooded Communities Preparation Act This bill amends the National Flood Insurance Act of 1968 to require a community that participates in the National Flood Insurance Program and has been repeatedly flooded, as specified by the bill, to: (1) assess the continuing risks to community areas repeatedly damaged by floods; and (2) develop and implement a publicly available, community-specific plan for mitigating continuing flood risks to such areas. The Federal Emergency Management Agency (FEMA) must, upon request, provide a community with appropriate data to assist in preparation of the required plan. In making decisions with respect to awarding mitigation grants under the Act, FEMA may consider the extent to which a community has complied with these requirements and is working to remedy problems with repeatedly flooded areas. A community that does not comply with these requirements may be subject to appropriate sanctions, including suspension from the National Flood Insurance Program. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``California Coastal
National Monument Expansion Act of 2012''.
(b) Definitions.--In this Act:
(1) Monument.--The term ``Monument'' means the California
Coastal National Monument established by Presidential
Proclamation 7264, issued January 11, 2000.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Map.--The term ``map'' means the map created by the
Bureau of Land Management, entitled ``California Coastal
National Monument Addition'' and dated April 23, 2012.
(4) Point arena-stornetta public lands.--The term ``Point
Arena-Stornetta Public Lands'' means the Federal lands
comprising approximately 1,255 acres in Mendocino County,
California, as generally depicted on the map titled
``California Coastal National Monument Addition'' and dated
April 23, 2012.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) The Point Arena-Stornetta Public Lands contain
significant natural resources, including important wildlife
habitat, several riparian corridors, extensive wetlands, ponds
and other water sources, cypress groves, meadows, and sand
dunes that should be preserved for present and future
generations.
(2) The ocean and coastal ecosystems adjacent to the Point
Arena-Stornetta Public Lands are internationally recognized as
significant centers of coastal upwelling that support the
diverse, abundant and productive marine ecosystems and wildlife
underlying the local economy and identity of coastal
communities.
(3) The Point Arena-Stornetta Public Lands tell an
important story about California's coastal prehistory and
history in the context of the surrounding region and
communities.
(4) The coastal area surrounding the Point Arena-Stornetta
Public Lands was traditionally used by Indian people, including
the Pomo Indian tribes.
(5) The Point Arena-Stornetta Public Lands are historically
associated with adjacent lands managed for the enjoyment of
current and future generations, including the Arena Rock Marine
Natural Preserve, and Manchester Beach State Park.
(6) The Point Arena-Stornetta Public Lands represent a
model partnership where future management can be successfully
accomplished among the Federal Government, State of California,
Mendocino County, local communities, and private groups.
(7) Permanent protection of the Point Arena-Stornetta
Public Lands will provide important economic benefits to
surrounding communities, and has broad public support.
(8) The Point Arena-Stornetta Public Lands would make a
significant addition to the California Coastal National
Monument and National Landscape Conservation System
administered by the Department of the Interior's Bureau of Land
Management.
(9) Statutory protection is needed for Point Arena-
Stornetta Public Lands to ensure that it remains a part of our
historic, cultural, and natural heritage and a source of
inspiration for the people of the United States.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important historical, natural, cultural,
scientific, educational, scenic, and recreational values of the Point
Arena-Stornetta Public Lands, while allowing certain recreational and
research activities to continue.
SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT.
(a) In General.--The boundary of the California Coastal National
Monument, established by Presidential Proclamation 7264, is expanded to
include the Federal land shown on the map. These lands shall be managed
under the provisions of Presidential Proclamation 7264.
(b) Map and Legal Description.--
(1) As soon as practicable after the date of the enactment
of this Act, the Secretary shall file with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map
and boundary description of lands added to the Monument by this
Act.
(2) Force and effect.--The map and boundary description
filed under subsection (1) shall have the same force and effect
as if included in this section, except that the Secretary may
correct any minor errors in the maps and boundary descriptions.
(3) Availability of map and boundary description.--The map
and boundary description filed under subsection (1) shall be on
file and available for public inspection in appropriate offices
of the Bureau of Land Management.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall manage these lands as a part
of the California Coastal National Monument established under the
provisions of Presidential Proclamation 7264.
(b) Management Plan.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall finalize an amendment to the
Monument management for the long-term protection and management of the
lands added to the Monument by this Act. The plan amendment shall be
developed with full public participation and shall describe the
appropriate uses and management of the lands consistent with this Act.
(c) Motorized and Mechanized Transport.--Except as needed for
emergency or authorized administrative purposes, the use of motorized
and mechanized vehicles in the monument shall be permitted only on
roads and trails designated for their use.
(d) Incorporation of Lands and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
or interests in land within or adjacent to the lands added to
the Monument by this Act only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any lands or interests in land within or
adjacent to the lands added to the Monument by this Act
acquired by the United States after the date of the enactment
of this Act shall be added to and administered as part of the
Monument.
(e) Overflights.--Nothing in this Act shall be construed to--
(1) restrict or preclude overflights, including low-level
overflights, military, commercial, and general aviation
overflights that can be seen or heard within to the lands added
to the Monument by this Act;
(2) restrict or preclude the designation or creation of new
units of special use airspace or the establishment of military
flight training routes over to the lands added to the Monument
by this Act; or
(3) modify regulations governing low-level overflights
above the adjacent Gulf of the Farallones National Marine
Sanctuary.
(f) Law Enforcement.--Nothing in this act effects the Department of
Homeland Security law enforcement authorities.
(g) Native American Uses.--Nothing in this act enlarges or
diminishes the rights of any Indian tribe or Indian religious
community.
(h) Buffer Zones.--
(1) In general.--The expansion of the Monument is not
intended to lead to the creation of protective perimeters or
buffer zones around the lands included in the Monument by this
Act.
(2) Activities outside the monument.--The fact that
activities outside the Monument can be seen or heard within the
lands added to the Monument by this Act shall not, of itself,
preclude such activities or uses up to the boundary of the
Monument.
(i) National Landscape Conservation System.--The Secretary shall
manage the Monument as part of the National Landscape Conservation
System. | California Coastal National Monument Expansion Act of 2012 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California.
Requires management of such lands: (1) under the provisions of such Proclamation, and (2) as part of the Monument.
Instructs the Secretary of the Interior to finalize an amendment to the management of the Monument for the long-term protection and management of the lands added to the Monument under this Act.
Permits the use of motorized and mechanized vehicles in the Monument only on roads and trails designated for their use.
Specifies this Act's effect on: (1) aviation overflights, special use airspace, or military flight training routes; (2) low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary; (3) Department of Homeland Security (DHS) law enforcement authorities; (4) the rights of Indian tribes and Indian religious communities; and (5) protective perimeters and buffer zones.
Requires management of the Monument as part of the National Landscape Conservation System. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Transportation Safety Board
Reauthorization Act of 2010''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 1118(a) of title 49, United States Code,
is amended to read as follows:
``(a) In General.--There are authorized to be appropriated for the
purposes of this chapter $98,050,000 for fiscal year 2011 and
$98,050,000 for fiscal year 2012. Such sums shall remain available
until expended.''.
(b) Fees, Refunds, Reimbursements, and Advances.--Section 1118(c)
of such title is amended to read as follows:
``(c) Fees, Refunds, Reimbursements, and Advances.--
``(1) In general.--The Board may impose and collect such
fees, refunds, reimbursements, and advances as it determines to
be appropriate for activities, services, and facilities
provided by or through the Board.
``(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee, refund,
reimbursement, or advance collected under this subsection--
``(A) shall be credited as offsetting collections
to the account that finances the activities, services,
or facilities for which the fee, refund, reimbursement,
or advance is associated;
``(B) shall be available for expenditure only to
pay the costs of activities, services, or facilities
for which the fee, refund, reimbursement, or advance is
associated; and
``(C) shall remain available until expended.
``(3) Record.--The Board shall maintain an annual record of
collections received under paragraph (2).
``(4) Refunds.--The Board may refund any fee or advance
paid by mistake or any amount paid in excess of that
required.''.
SEC. 3. TECHNICAL CORRECTIONS.
(a) Definitions.--Section 1101 of title 49, United States Code, is
amended by striking ``otherwise.'' and inserting ``otherwise, and may
include incidents not involving destruction or damage, but
significantly affecting transportation safety, as the Board may
prescribe or Congress may direct.''.
(b) General Organization.--Section 1111(d) of title 49, United
States Code, is amended by striking ``absent'' and inserting
``unavailable''.
(c) Administrative.--Section 1113 of title 49, United States Code,
is amended--
(1) by inserting ``or depositions'' in paragraph (a)(1)
after ``hearings''; and
(2) by inserting ``In the interest of transportation
safety, the Board shall have the authority by subpoena to
summon witnesses and obtain any and all evidence relevant to an
accident investigation conducted under this chapter.'' after
``(2)'' in subsection (a)(2).
(d) Disclosure, Availability, and Use of Information.--Section 1114
of title 49, United States Code, is amended--
(1) by striking the heading for subsection (b) and
inserting ``(b) Trade Secrets; Commercial or Financial
Information.--'';
(2) by inserting ``submitted to the Board in the course of
a Board investigation or study and'' in subsection (b)(1) after
``information'' the first place it appears;
(3) by striking ``title 18'' in subsection (b)(1) and
inserting ``title 18, or commercial or financial
information,'';
(4) by striking ``safety'' in subsection (b)(1)(D) the
first place it appears and inserting ``safety, including
through the issuance of reports of accident investigation or
safety studies and safety recommendations,'';
(5) by inserting ``subparagraphs (A) through (C) of'' after
``under'' in subsection (b)(2);
(6) by adding at the end of subsection (b) the following:
``(4) Each person submitting to the Board trade secrets, commercial
or financial information, or information that could be classified as
controlled under the International Traffic in Arms Regulations shall
appropriately annotate the information to indicate the restricted
nature of the information in order to facilitate proper handling of
such materials by the Board.'';
(7) by striking ``shall'' in paragraph(1)(A) of subsection
(f) and inserting ``may'';
(8) by striking ``information'' in paragraph (2) of
subsection (f) and inserting ``information, or other relevant
information authorized for disclosure under this chapter,'';
and
(9) by adding at the end thereof the following:
``(g) Ongoing Board Investigations.--(1) Notwithstanding any other
provision of law, neither the Board, nor any agency receiving
information from the Board, may publicly disclose records related to an
ongoing Board investigation, and such records shall be exempt from
disclosure under section 552(b)(3) of title 5. Notwithstanding the
preceding sentence, the Board may make public specific records relevant
to the investigation, release of which in the Board's judgment is
necessary to promote transportation safety--
``(A) if the Board holds a public hearing on the accident
or incident, at the time of the hearing;
``(B) if the Board does not hold a public hearing, at the
time the Board determines that substantial portions of the
underlying factual reports on the accident or incident, and
supporting evidence, will be placed in the public docket; or
``(C) if the Board determines during an ongoing
investigation or study that circumstances warrant disclosure of
specific factual material and that such material need be placed
in the public docket to facilitate dialogue with other agencies
or instrumentalities, regulatory bodies, industry or industry
groups, or Congress.
``(2) This subsection does not prevent the Board from referring at
any time to evidence from an ongoing investigation in making safety
recommendations.
``(3) In this subsection, the term `ongoing investigation' means
that period beginning at the time the Board is notified of an accident
or incident and ending when the Board issues a final report or brief,
or determines to close an investigation without issuing a report or
brief.''.
(e) Reports and Studies--Section 1116(b) of title 49, United States
Code, is amended--
(1) by striking ``carry out'' in paragraph (1) and
inserting ``conduct''; and
(2) by striking paragraph (3) and inserting the following:
``(3) prescribe requirements for persons reporting
accidents and incidents that may be investigated by the Board
under this chapter;''.
(f) Discovery and Use of Cockpit and Surface Vehicle Recordings and
Transcripts.--Section 1154(a)(1)(A) of title 49, United States Code, is
amended by striking ``and'' and inserting ``or''.
SEC. 4. AUTHORITY OF THE BOARD.
(a) Evaluation and Audit.--Section 1138(a) of title 49, United
States Code, is amended by striking ``conducted at least annually, but
may be''.
(b) Training of Board Employees and Others.--Section 1115(d) of
title 49, United States Code, is amended--
(1) by striking ``investigation.'' and inserting
``investigation, including investigation theory and techniques
and transportation safety, to advance Board safety
recommendations.'';
(2) by striking ``training.'' and inserting ``training or
who influence transportation safety through support or adoption
of Board safety recommendations.''; and
(3) by striking ``collections.'' and inserting
``collections under the provisions of section 1118 of this
chapter.''.
(c) Accident Investigation Authority.--Section 1131 of title 49,
United States Code, is amended--
(1) by striking subsection (a)(1)(C) and inserting the
following:
``(C) a freight or passenger railroad accident in which
there is a fatality (other than a fatality involving a
trespasser), substantial property damage, or significant injury
to the environment;'';
(2) by striking ``and'' after the semicolon in subsection
(a)(1)(E);
(3) by inserting ``or incident'' after ``accident'' each
place it appears in subsection (a)(1)(F);
(4) by striking ``chapter.'' in subsection (a)(1)(F) and
inserting ``chapter;'';
(5) by adding at the end of subsection (a)(1) the
following:
``(G) an accident or incident in response to an
international request and delegation under appropriate
international conventions, coordinated through the Department
of State and accepted by the Board; and
``(H) an incident or incidents significantly affecting
transportation safety, as defined by the Board, under rules and
in such detail as the Board may prescribe.'';
(6) by inserting ``or incident'' after ``accident'' each
place it appears in subsection (a)(3);
(7) by inserting ``or relevant to'' after ``developed
about'' in subsection (a)(3);
(8) by inserting ``and Incident'' after ``Accident'' in the
heading for subsection (e); and
(9) by inserting ``and incident'' in subsection (e) after
``each accident''.
(d) Civil Aircraft and Maritime Accident Investigations.--
(1) In General.--Section 1132 of title 49, United States
Code, is amended--
(A) by inserting ``or have investigated'' in
subsection (a)(1) after ``investigate'';
(B) by striking ``aircraft;'' in subsection
(a)(1)(A) and inserting ``aircraft or a commercial
space launch vehicle;''; and
(C) by adding at the end the following:
``(e) Authority of Board Representative.--The Board may, with the
consent of the Secretary, delegate to the Department of Transportation
full authority to obtain the facts of any aviation accident or incident
the Board shall investigate, and the on-scene representative of the
Secretary shall have the full authority of the Board to, on display of
appropriate credentials and written notice of inspection authority,
enter property where an aviation accident has occurred or wreckage from
the accident is located and do anything necessary to gather evidence in
support of a Board investigation, in accordance with such rules as the
Board may prescribe.
``(f) Maritime accident investigations.--The Board may, with the
consent of the Secretary of the department in which the Coast Guard is
operating, delegate to the Coast Guard full authority to obtain the
facts of any maritime accident or incident the Board shall investigate,
and the on-scene representative of the Commandant of the Coast Guard
shall have the full authority of the Board to, on display of
appropriate credentials and written notice of inspection authority,
enter property where a maritime accident has occurred or wreckage from
the accident is located and do anything necessary to gather evidence in
support of a Board investigation, in accordance with such rules as the
Board may prescribe.''.
(2) Conforming amendments.--
(A) The heading for section 1132 of title 49,
United States Code, is amended to read as follows:
``1132. Civil aircraft and maritime accident investigations''.
(B) The table of contents for chapter 11 of title
49, United States Code, is amended by striking the item
relating to section 1132 and inserting the following:
``1132. Civil aircraft and maritime accident investigations''.
(e) Inspections and Autopsies.--Section 1134 of title 49, United
States Code, is amended--
(1) by striking ``officer or employee of the National
Transportation Safety Board--'' in subsection (a) and inserting
``officer, employee, or designee of the National Transportation
Safety Board in the conduct of any accident or incident
investigation or study--'';
(2) by adding at the end of subsection (b)(1) the
following: ``The Board may download or seize any recording
device and recordings and may require specific information only
available from the manufacturer to enable the Board to read and
interpret any flight parameter or navigation storage device or
media on board the accident aircraft. The provisions of section
1114(b) of this chapter shall apply to matters properly
identified as trade secrets or commercial or financial
information.''; and
(3) by inserting after ``component.'' in subsection (c) the
following: ``The officer or employee may download or seize any
recording device and recordings, and may require the production
of specific information only available from the manufacturer to
enable the Board to read and interpret any operational
parameter or navigation storage device or media on board the
accident vehicle, vessel, or rolling stock. The provisions of
section 1114(b) of this chapter shall apply to matters properly
identified as trade secrets or commercial or financial
information.''.
SEC. 5. AVIATION PENALTIES AND FAMILY ASSISTANCE.
(a) Family Assistance in Commercial Aviation Accidents.--Section
41113(b)(7) of title 49, United States Code, is amended by striking
``months.'' and inserting ``months and that, prior to destruction of
unclaimed possessions, a reasonable attempt will be made to notify the
family of each passenger within 60 days of any planned destruction
date.''.
(b) Family Assistance in Commercial Aviation Accidents Involving
Foreign Carriers.--Section 41313(c)(7) of title 49, United States Code,
is amended by striking ``accident.'' and inserting ``accident and that,
prior to destruction of unclaimed possessions, a reasonable attempt
will be made to notify the family of each passenger within 60 days of
any planned destruction date.''.
SEC. 6. ACCIDENT-RELATED INFORMATION RELEASE POLICY REPORT.
Within 180 days after the date of enactment of this Act, the
National Transportation Safety Board shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure a report
describing the policies, procedures, and guidelines used by the Board
in the expedited release of factual accident-related information to
victims and their families, Federal, State, and local accident
investigators and agencies, private or third party investigation
partners, the public, and other stakeholders.
Passed the Senate May 13, 2010.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 2768
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to authorize appropriations for
the National Transportation Safety Board for fiscal years 2011 and
2012, and for other purposes. | National Transportation Safety Board Reauthorization Act of 2010 - (Sec. 2) Reauthorizes appropriations to the National Transportation Safety Board (NTSB) for FY2011 and FY2012.
(Sec. 3) Revises the term "accident" to expand the NTSB's authority to investigate, at its discretion, accidents not involving the destruction or damage of a vehicle, aircraft, or pipeline, but significantly affecting transportation safety.
Authorizes the NTSB by subpoena to summon witnesses and obtain any and all evidence relevant to an accident investigation.
Prohibits the NTSB (including any agency that has received information from the NTSB) from disclosing publicly any commercial or financial or certain classified information during ongoing NTSB accident investigations. Authorizes public disclosure of such information when necessary, in certain circumstances, to promote transportation safety.
(Sec. 4) Authorizes accident investigation training of NTSB employees in theory and techniques and on transportation safety methods in order to advance NTSB safety recommendations.
Revises the authority of the NTSB to investigate transportation accidents to include: (1) freight or passenger railroad accidents involving a fatality (other than a fatality involving a trespasser), substantial property damage, or significant injury to the environment; (2) accidents or incidents in response to an international request and delegation under appropriate conventions, coordinated through the Department of State and accepted by the NTSB; (3) accidents or incidents significantly affecting transportation safety; and (4) accidents involving a commercial space launch vehicle.
Authorizes the NTSB, with the consent of the appropriate Secretary, to delegate its authority to investigate: (1) aviation accidents or incidents to the Department of Transportation; and (2) maritime accidents or incidents to the Coast Guard.
Authorizes the NTSB, as well as any NTSB officer or employee, to download or seize any recording device and recordings and require specific information only available from the manufacturer to enable the NTSB to read and interpret any flight parameter or navigation storage device or media on board an accident aircraft.
(Sec. 5) Revises requirements for domestic and foreign air carrier plans for addressing the needs of families of passengers involved in aircraft accidents that incur major loss of life. Requires domestic and foreign air carriers to make a reasonable attempt to notify the family of a passenger at least 60 days prior to the planned destruction of any unclaimed property of the passenger.
(Sec. 6) Directs the NTSB to report to specified congressional committees on policies, procedures, and guidelines it has used to expedite the release of factual accident-related information to accident victims and their families, federal, state, and local accident investigators and agencies, private or third party investigation partners, the public, and other specified stakeholders. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fourth Amendment Restoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Fourth Amendment of the United States Constitution
states ``The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized.''.
(2) Prior to the American Revolution, American colonists
objected to the issuance of writs of assistance, which were
general warrants that did not specify either the place or goods
to be searched.
(3) Writs of assistance played an important role in the
events that led to the American Revolution.
(4) The Fourth Amendment of the United States Constitution
was intended to protect against the issuance of general
warrants, and to guarantee that only judges, not soldiers or
police officers, are able to issue warrants.
(5) Various provisions of the USA PATRIOT Act (Public Law
107-56; 115 Stat. 272) expressly violate the original intent of
the Fourth Amendment of the United States Constitution.
SEC. 3. LIMITATIONS ON ROVING WIRETAPS.
Section 105(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(c)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A)(i) the identity of the target of the electronic
surveillance, if known; or
``(ii) if the identity of the target is not known, a
description of the specific target and the nature and location
of the facilities and places at which the electronic
surveillance will be directed;
``(B)(i) the nature and location of each of the facilities
or places at which the electronic surveillance will be
directed, if known; or
``(ii) if any of the facilities or places are not known,
the identity of the target;''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) in cases where the facility or place at which
the electronic surveillance will be directed is not
known at the time the order is issued, that the
electronic surveillance be conducted only for such time
as it is reasonable to presume that the target of the
surveillance is or was reasonably proximate to the
particular facility or place;''.
SEC. 4. SUNSETS ON ROVING WIRETAP AUTHORITY AND ACCESS TO BUSINESS
RECORDS.
Section 102(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note,
50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended to read as
follows:
``(1) In general.--
``(A) Section 206.--Effective December 31, 2013,
the Foreign Intelligence Surveillance Act of 1978 is
amended so that section 105(c)(2) (50 U.S.C.
1805(c)(2)) read as such section read on October 25,
2001.
``(B) Section 215.--Effective February 28, 2011,
the Foreign Intelligence Surveillance Act of 1978 is
amended so that sections 501 and 502 (50 U.S.C. 1861
and 1862) read as such sections read on October 25,
2001.''.
SEC. 5. MINIMIZATION PROCEDURES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish
minimization and destruction procedures governing the acquisition,
retention, and dissemination by the Federal Bureau of Investigation of
any records received by the Federal Bureau of Investigation--
(1) in response to a National Security Letter issued under
section 2709 of title 18, United States Code, section 626 or
627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and
1681v), section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414), or section 802(a) of the National
Security Act of 1947 (50 U.S.C. 436(a)); or
(2) pursuant to title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
(b) Minimization and Destruction Procedures Defined.--In this
section, the term ``minimization and destruction procedures'' means--
(1) specific procedures that are reasonably designed in
light of the purpose and technique of a National Security
Letter or a request for tangible things for an investigation to
obtain foreign intelligence information, as appropriate, to
minimize the acquisition and retention, and prohibit the
dissemination, of nonpublicly available information concerning
unconsenting United States persons consistent with the need of
the United States to obtain, produce, and disseminate foreign
intelligence information, including procedures to ensure that
information obtained that is outside the scope of such National
Security Letter or request, is returned or destroyed;
(2) procedures that require that nonpublicly available
information, which is not foreign intelligence information (as
defined in section 101(e)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be
disseminated in a manner that identifies any United States
person, without the consent of the United States person, unless
the identity of the United States person is necessary to
understand foreign intelligence information or assess its
importance; and
(3) notwithstanding paragraphs (1) and (2), procedures that
allow for the retention and dissemination of information that
is evidence of a crime which has been, is being, or is about to
be committed and that is to be retained or disseminated for law
enforcement purposes.
SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Section 3511 of title 18, United States Code, is amended by adding
at the end the following:
``(f) National Security Letters.--An officer or employee of the
United States may not issue a National Security Letter under section
270 of title 18, United States Code, section 626 or 627 of the Fair
Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section
802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)) unless--
``(1) the National Security Letter is submitted to a judge
of the court established under section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
``(2) such judge issues an order finding that a warrant
could be issued under rule 41 of the Federal Rules of Criminal
Procedure to search for and seize the information sought to be
obtained in the National Security Letter.''.
SEC. 7. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended--
(1) in paragraph (1), by inserting before the period at the
end ``, subject to judicial review under paragraph (5)''; and
(2) by adding at the end the following:
``(5) Judicial review.--The Secretary may not, under this
section or the rules issued under this section, or under any
other provision of law, require any financial institution,
director, officer, employee, or agent of any financial
institution, or any other entity that is otherwise subject to
regulation or oversight by the Secretary or pursuant to the
securities laws (as that term is defined under section 3 of the
Securities Exchange Act of 1934) to report any transaction
under this section or its equivalent under such provision of
law, unless the appropriate district court of the United States
issues an order finding that a warrant could be issued under
rule 41 of the Federal Rules of Criminal Procedure for the
information sought to be obtained by the Secretary.''. | Fourth Amendment Restoration Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to impose limits on roving electronic surveillance by revising specifications and adding directions required to be included in the order of a designated judge approving such surveillance, including, in cases where the facility or place at which the electronic surveillance will be directed is unknown at the time the order is issued, that the electronic surveillance be conducted only for such time as reasonable to presume that the target of the surveillance is or was reasonably proximate to the particular facility or place.
Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to make the following FISA provisions, subject to exceptions, read as they read on October 25, 2001 (prior to enactment of the USA PATRIOT Act on October 26, 2001): (1) effective December 31, 2013, provisions specifying the directions to be contained in orders approving electronic surveillance of a foreign power or agent of a foreign power; and (2) effective February 28, 2011, provisions authorizing the Federal Bureau of Investigation (FBI) to apply for orders requiring production of business records and other tangible things in investigations related to foreign intelligence and international terrorism and directing the Attorney General (AG) to annually inform Congress of such requests.
Directs the AG to establish minimization and destruction procedures, as specified, governing the acquisition, retention, and dissemination of any records received by the FBI: (1) in response to a national security letter issued under specified federal criminal code provisions authorizing the FBI to request telephone toll and transactional records from wire or electronic communication service providers for counterintelligence purposes, the Fair Credit Reporting Act, the Right to Financial Privacy Act of 1978, or the National Security Act of 1947; or (2) pursuant to the above FISA provisions authorizing the FBI to apply for production of business records and other tangible things and directing the AG to inform Congress of such requests.
Sets forth provisions requiring judicial review of certain national security letters and suspicious activity reports. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Income Tax Fairness Act of 1999''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Working people provide about 65 percent of Federal
revenue through social security taxes on their earnings and
through income taxes on their earnings and employment-related
retirement income.
(2) By contrast, income taxes on unearned income produce
only about 11 percent of total Federal revenue.
(3) Practically all wage and salary income is required to
be reported on personal income tax returns and, except for
those receiving earned income credits, is generally fully taxed
at regular income tax rates.
(4) By contrast, unearned income (such as capital gains,
dividends, interest, and rental income) is favored by a large
number of special tax provisions, so that (A) some unearned
income is taxed at lower rates, (B) some unearned income is
tax-deferred and the income taxes need not be paid until many
years after the income is accrued, and (C) large amounts of
unearned income will never be taxed at all under present law.
(5) Working people are subject to social security taxes as
well as income taxes, and for over 90 percent of the population
the combined tax on earned income--30.3 percent or 43.3
percent--is higher than the income tax rates of 15 percent and
28 percent that apply to unearned income.
(6) The market value of all stocks traded on the New York
Stock Exchange and the over-the-counter market (NASDAQ) was
about 3 trillion dollars in early 1989. In early 1999 it is
more than 13 trillion dollars. Thus there appears to be roughly
10 trillion dollars of realized and unrealized capital gains on
these stocks, plus additional large amounts of capital gains on
foreign stocks, real estate, and other assets.
(7) Large amounts of capital gains will never be taxed
under present law, because (A) capital gains are not taxed
until the asset is sold or transferred, and (B) unrealized
capital gains are never taxed if the owner holds the asset for
life and bequeaths it to his or her heirs, even if the heirs
sell it immediately after death.
(8) Owners of nonresidential real estate are allowed
depreciation deductions for the full cost of buildings over 39
years, even though the buildings when built are intended to
stand, and usually do stand, for 100 years or more.
SEC. 3. REDUCTION IN INDIVIDUAL INCOME TAX RATES.
(a) In General.--Each of the tables contained in subsections (a),
(b), (c), (d), and (e) of section 1 of the Internal Revenue Code of
1986 is amended--
(1) by striking ``15%'' and inserting ``12%'';
(2) by striking ``28%'' and inserting ``25%'';
(3) by striking ``31%'' and inserting ``28%'';
(4) by striking ``36%'' and inserting ``33%''; and
(5) by striking ``39.6%'' and inserting ``36.6%''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1999.
(c) Section 15 Not To Apply.--The amendment made by subsection (a)
shall not be treated as a change in the rate of a tax imposed by
chapter 1 of the Internal Revenue Code of 1986 for purposes of section
15 of such Code.
SEC. 4. REPEAL OF INCREASE IN BASIS OF PROPERTY ACQUIRED FROM A
DECEDENT.
(a) In General.--Section 1014 of the Internal Revenue Code of 1986
(relating to basis of property acquired from a decedent) is hereby
repealed.
(b) Basis To Be Determined Under Rules Applicable to Gifts.--
Section 1015 of such Code (relating to basis of property acquired by
gifts and transfers in trusts) is amended by adding at the end the
following new subsection:
``(f) Property Acquired From or Passing From a Decedent.--
``(1) In general.--Carryover basis property shall be
treated for purposes of subsection (a) as acquired by gift for
purposes of this section.
``(2) Carryover basis property defined.--For purposes of
this section, the term `carryover basis property' means
property acquired from or passed from a decedent dying after
December 31, 1999.
``(3) Property acquired from a decedent.--Section 1014(b)
(as in effect on the day before the date of the enactment of
the Income Tax Fairness Act of 1999) shall apply for purposes
of whether property is considered to have been acquired from or
to have passed from the decedent.
``(4) Increase in basis for family farm and closely held
business property and for estate tax paid.--The basis of any
carryover basis property is the sum of--
``(A) the basis determined under subsection (a);
``(B) the family farm adjustment for such property;
``(C) the closely held business adjustment for such
property; and
``(D) the death tax adjustment for such property.
``(5) Family farm adjustment.--
``(A) In general.--In the case of carryover basis
property which is qualified real property (as defined
in section 2032A(b)), the family farm adjustment is the
portion of the aggregate family farm adjustment which
is allocated to the property pursuant to this section.
``(B) Adjustment not to apply if estate tax benefit
is or would be recaptured.--The basis of any property
shall be determined without regard to this paragraph if
any additional estate tax is or has been imposed by
section 2032A(c) with respect to such property (or
would have been so imposed if section 2032A had been
elected with respect to such property).
``(C) Aggregate family farm adjustment.--In the
case of any estate, the aggregate family farm
adjustment is the amount (if any) by which--
``(i) $1,000,000, exceeds
``(ii) the aggregate of the initial bases
of all carryover basis property which is
qualified real property (as so defined).
``(6) Closely held business adjustment.--
``(A) In general.--In the case of carryover basis
property which is an interest in a closely held
business (as defined in section 6166(b)), the closely
held business adjustment is the portion of the
aggregate closely held business adjustment which is
allocated to the property pursuant to this section.
``(B) Aggregate closely held business adjustment.--
In the case of any estate, the aggregate closely held
business adjustment is the amount (if any) by which--
``(i) $1,000,000, exceeds
``(ii) the sum of--
``(I) the aggregate of the initial
bases of all carryover basis property
which is an interest in closely held
business (as so defined), plus
``(II) the aggregate family farm
adjustment under paragraph (3).
``(7) Death tax adjustment.--
``(A) In general.--The death tax adjustment for any
carryover basis property is the portion of the
aggregate death tax adjustment which is allocated to
the property pursuant to this section.
``(B) Limitation.--The death tax adjustment for any
property shall not exceed--
``(i) the net appreciation of such
property, multiplied by
``(ii) the Federal marginal estate tax
rate.
``(C) Net appreciation.--For purposes of this
paragraph, the net appreciation in value of any
property is the amount by which--
``(i) the fair market value of such
property, exceeds
``(ii) the basis determined under
subsection (a) increased by the adjustments
described in subparagraphs (B) and (C) of
paragraph (3) for such property.
``(D) Aggregate death tax adjustment.--In the case
of any estate--
``(i) In general.--The aggregate death tax
adjustment is the product of--
``(I) the aggregate net
appreciation of all properties which
have net appreciation, and
``(II) the Federal marginal estate
tax rate.
``(ii) Limitation.--The amount taken into
account under clause (i)(I) shall not exceed
the taxable estate.
``(iii) Federal marginal estate tax rate.--
The term `Federal marginal estate tax rate'
means the highest rate in the rate schedule set
forth in section 2001(c)--
``(I) which is used in determining
the tentative tax under section
2001(b)(1) with respect to the estate
of the decedent, and
``(II) the amount subject to which
is at least $50,000.
In no event shall the Federal marginal estate
tax rate be less than 30 percent.
``(8) Allocation rules.--The executor shall allocate the
adjustments under this subsection among the properties on the
return of the tax imposed by chapter 11.''.
(c) Conforming Amendments.--
(1) The table of sections for part II of subchapter O of
chapter 1 of such Code is amended by striking the item relating
to section 1014.
(2) The heading of section 1015 of such Code is amended to
read as follows:
``SEC. 1015. BASIS OF PROPERTY ACQUIRED BY GIFT, FROM A DECEDENT, OR
TRANSFERRED IN TRUST.''.
(3) The table of sections for part II of subchapter O of
chapter 1 of such Code is amended by striking the item relating
to section 1015 and inserting the following new item:
``Sec. 1015. Basis of property acquired
by gift, from a decedent, or
transferred in trust.''.
(d) Effective Date.--The amendments made by this section shall
apply to decedents dying after December 31, 1999.
SEC. 5. INCREASE IN COST RECOVERY PERIOD FROM 39 YEARS TO 100 YEARS FOR
NONRESIDENTIAL REAL PROPERTY.
(a) In General.--The table in section 168(c) of such Code (relating
to applicable recovery period) is amended by striking ``39 years'' and
inserting ``100 years''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service by the taxpayer after December 31, 1999. | Income Tax Fairness Act of 1999 - Amends the Internal Revenue Code to reduce the income tax rates imposed on individual taxpayers by three percentage points.
Repeals the current requirement that property acquired from a decedent be valued, generally, at its fair market value at the date of the decedent's death or, after December 31, 1997, at the basis in the decedent's hands.
Treats the carryover basis property acquired from or passed from a decedent dying after December 31, 1999, as though it were acquired by gift. Provides for adjustments in the basis of such property, by specified formulae, for family farms and closely held businesses. Requires an additional adjustment for death taxes equal to the net appreciation of such property multiplied by the Federal marginal estate tax.
Increases from 39 years to 100 years the applicable recovery period used to determine the depreciation deduction for nonresidential real property. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport and Airway Extension Act of
2011, Part IV''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``July 22, 2011''
and inserting ``September 16, 2011''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``July 22,
2011'' and inserting ``September 16, 2011''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``July 22, 2011'' and inserting
``September 16, 2011''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 23, 2011.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``July 23, 2011'' and inserting ``September 17,
2011''; and
(2) by inserting ``or the Airport and Airway Extension Act of
2011, Part IV'' before the semicolon at the end of subparagraph
(A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``July 23, 2011'' and inserting ``September
17, 2011''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 23, 2011.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103 of title 49, United States Code,
is amended by striking paragraph (8) and inserting the following:
``(8) $3,380,178,082 for the period beginning on October 1,
2010, and ending on September 16, 2011.''.
(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, 2011, and shall remain available until
expended.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``July 22, 2011,'' and inserting ``September 16,
2011,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``July 23, 2011.'' and inserting ``September 17, 2011.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``July 22, 2011,'' and inserting ``September
16, 2011,''; and
(2) by striking ``October 31, 2011,'' and inserting ``December
31, 2011,''.
(c) Section 44303(b) of such title is amended by striking ``October
31, 2011,'' and inserting ``December 31, 2011,''.
(d) Section 47107(s)(3) of such title is amended by striking ``July
23, 2011.'' and inserting ``September 17, 2011.''.
(e) Section 47115(j) of such title is amended by striking ``July
23, 2011,'' and inserting ``September 17, 2011,''.
(f) Section 47141(f) of such title is amended by striking ``July
22, 2011.'' and inserting ``September 16, 2011.''.
(g) Section 49108 of such title is amended by striking ``July 22,
2011,'' and inserting ``September 16, 2011,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking
``July 23, 2011,'' and inserting ``September 17, 2011,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``July 23, 2011,'' and inserting ``September 17, 2011,''.
(j) The amendments made by this section shall take effect on July
23, 2011.
SEC. 6. ESSENTIAL AIR SERVICE REFORM.
(a) In General.--Section 41731(a)(1) of title 49, United States
Code, is amended--
(1) in subparagraph (A) by redesignating clauses (i) through
(iii) as subclauses (I) through (III), respectively;
(2) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(3) in clause (i)(I) (as so redesignated) by inserting ``(A)''
before ``(i)(I)'';
(4) in subparagraph (A)(ii) (as so redesignated)--
(A) by striking ``determined'' and inserting ``was
determined'';
(B) by striking ``Secretary'' and inserting ``Secretary of
Transportation''; and
(C) by striking the period at the end and inserting a
semicolon; and
(5) by adding at the end the following:
``(B) is located not less than 90 miles from the nearest
medium or large hub airport; and
``(C) had an average subsidy per passenger of less than
$1,000 during the most recent fiscal year, as determined by the
Secretary.''.
(b) Limitation on Authority To Decide a Place Not an Eligible
Place.--Section 41731(b) of such title is amended--
(1) by striking ``Secretary of Transportation'' and inserting
``Secretary''; and
(2) by striking ``on the basis of a passenger subsidy at that
place or on another basis'' and inserting ``on any basis''.
(c) Exceptions and Waivers.--Section 41731 of such title is amended
by adding at the end the following:
``(c) Exceptions for Locations in Alaska.--Subsections (a)(1)(B)
and (a)(1)(C) shall not apply with respect to a location in the State
of Alaska.
``(d) Waivers.--The Secretary may waive subsection (a)(1)(B) with
respect to a location if the Secretary determines that the geographic
characteristics of the location result in undue difficulty in accessing
the nearest medium or large hub airport.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Airport and Airway Extension Act of 2011, Part IV - (Sec. 2) Amends the Internal Revenue Code to extend through September 16, 2011, increased excise taxes on aviation fuels, the excise tax on air transportation of persons and property, and the expenditure authority for the Airport and Airway Trust Fund.
(Sec. 4) Increases the authorization of appropriations for the period beginning on October 1, 2010, and ending on September 16, 2011, for airport planning and development and noise compatibility planning projects (known as airport improvement projects [AIPs]). Extends through September 16, 2011, the authority of the Secretary of Transportation to make new AIP grants.
(Sec. 5) Extends until September 17, 2011: (1) the pilot program for passenger facility fee authorizations at non-hub airports, and (2) disclosure requirements for large and medium hub airports applying for AIP grants.
Directs the Secretary to extend through September 16, 2011, the termination date of insurance coverage for domestic or foreign-flag aircraft. Grants the Secretary discretionary authority to further extend such coverage through December 31, 2011. Extends through December 31, 2011, the authority of the Secretary to limit air carrier liability for claims arising out of acts of terrorism.
Extends through September 16, 2011: (1) grant eligibility for airports located in the Marshall Islands, Micronesia, and Palau; (2) grants to state and local governments for land use compatibility AIPs; and (3) authority for approving an application of the Metropolitan Washington Airports Authority for an airport development grant or for permission to impose a passenger facility fee.
Amends the Vision 100 - Century of Aviation Reauthorization Act to extend through September 16, 2011: (1) the temporary increase to 95% of the federal government's share of certain AIP costs, and (2) funding for airport development at Midway Island Airport.
(Sec. 6) Revises essential air service (EAS) program eligibility requirements to limit such service to airports (except those in Alaska) that: (1) are located at least 90 miles from the nearest medium or large hub airport, and (2) had an average subisdy per passenger of less than $1,000. Authorizes the Secretary of Transportation to waive such requirements for a particular location if its geographic characteristics result in undue difficulty in accessing the nearest medium or large hub airport. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as ``Fire Safe Cigarette
Act of 1998''.
(b) Findings.--The Congress finds that--
(1) cigarette ignited fires are the leading cause of fire
deaths in the United States,
(2) in 1995 there were 1,122 deaths from cigarette ignited
fires, 2,667 civilian injuries from such fires, and $507
million in property damage caused by such fires,
(3) over 100 children are killed each year from cigarette
related fires,
(4) the results accomplished under the Cigarette Safety Act
of 1984 and the Fire Safe Cigarette Act of 1990 complete the
necessary technical work for a cigarette fire safety standard,
(5) it is appropriate for the Congress to require by law
the establishment of a cigarette fire safety standard for the
manufacture and importation of cigarettes,
(6) the most recent study by the Consumer Product Safety
Commission found that the cost of the loss of human life and
personal property from not having a cigarette fire safety
standard is $4,000,000,000 a year, and
(7) it is appropriate that the regulatory expertise of the
Consumer Product Safety Commission be used to implement a
cigarette fire safety standard.
SEC. 2. CIGARETTE FIRE SAFETY STANDARD.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Consumer Product Safety Commission shall by
rule issue a cigarette fire safety standard for cigarettes to reduce
the risk of ignition presented by cigarettes. In establishing the
standard the Commission shall--
(1) consult with the National Institute of Standards and
Technology and make use of its capabilities as it deems
necessary and seek the advice and expertise of other Federal
and State agencies engaged in fire safety, and
(2) take into account the final report to the Congress made
by the Commission and the Technical Advisory Group established
under section 3 of the Fire Safe Cigarette Act of 1990 in which
it was found that cigarettes with a low ignition propensity are
already on the market.
(b) Stockpiling.--The Commission shall include in the rule issued
under subsection (a) a prohibition of stockpiling of cigarettes to
which the standard issued under subsection (a) will not apply. For
purposes of this subsection, the term ``stockpiling'' means the
manufacturing or importing of a cigarette between the date a standard
is issued under subsection (a) and the date the standard is to take
effect at a rate greater than the rate the cigarettes were manufactured
or imported for the one year period ending on the date the standard was
issued.
(c) Procedure.--
(1) In general.--The rule under subsection (a) shall be
issued in accordance with section 553 of title 5, United States
Code.
(2) Other provisions.--Sections 7, 9, and 30(d) of the
Consumer Product Safety Act (15 U.S.C. 2056,2058,2079(d)) do
not apply to the proceedings under this subsection and section
11 of such Act (15 U.S.C. 2060) shall not apply with respect to
any standard issued under such proceedings.
(d) Effective Date.--The Commission shall prescribe the effective
date of the rule issued under subsection (a), except that such date may
not be later than 30 months after the date of the enactment of this
Act.
(e) Judicial Review.--
(1) General rule.--Any person who is adversely affected by
a rule issued under subsection (a) may, at any time before the
60th day after the Commission issues the rule, file a petition
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which such person
resides or has its principal place of business to obtain
judicial review of the rule. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the
Secretary. The Commission shall file in the court the record of
the proceedings on which the Commission based the rule as
provided in section 2112 of title 28, United States Code.
(2) Additional evidence.--If the petitioner applies to the
court for leave to adduce additional evidence, and shows to the
satisfaction of the court that such additional evidence is
material and that there was no opportunity to adduce such
evidence in the proceeding before the Commission, the court may
order such additional evidence (and evidence in rebuttal
thereof) to be taken before the Commission in a hearing or in
such other manner, and upon such terms and conditions, as the
court deems proper. The Commission may modify the Commission's
findings as to the facts, or make new findings, by reason of
the additional evidence so taken, and the Commission shall file
such modified or new findings, and the Commission's
recommendations, if any, for the modification of the rule.
(3) Court jurisdiction.--Upon the filing of a petition
under paragraph (1), the court shall have jurisdiction to
review the rule of the Commission, as modified, in accordance
with chapter 7 of title 5, United States Code.
SEC. 3. ENFORCEMENT.
(a) Prohibition.--No person--
(1) may manufacture or import a cigarette unless the
cigarette is in compliance with a cigarette fire safety
standard issued under section 2(a); or
(2) shall fail to provide information as required under
this Act.
(b) Penalty.--A violation of subsection (a) shall be considered a
violation of section 19 of the Consumer Product Safety Act.
SEC. 4. PREEMPTION.
(a) In General.--This Act and the cigarette fire safety standard
promulgated under section 2(a) do not preempt or otherwise affect in
any way any law of a State or political subdivision which prescribes a
fire safety standard for cigarettes which is more stringent than the
standard promulgated under section 2(a).
(b) Defenses.--In any civil action for damages compliance with the
fire safety standard promulgated under section 2(a) may not be admitted
as a defense.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Consumer Product
Safety Commission.
(2) The term ``cigarette'' has the meaning prescribed by
section 3 of the Federal Cigarette Labeling and Advertising
Act. | Fire Safe Cigarette Act of 1998 - Directs the Consumer Product Safety Commission to promulgate within a specified time a fire safety standard for cigarettes, including a prohibition on stockpiling standard-exempt cigarettes. Prohibits the manufacture or import of cigarettes not in compliance with such standard. Authorizes a person adversely affected by such standard to file a petition for judicial review within a specified time period. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Advertising Reform Act''.
TITLE I--LABELING AND ADVERTISING FOR PRESCRIPTION DRUGS
SEC. 101. ADVERTISING FOR PRESCRIPTION DRUGS.
(a) Advertisements Intended for Consumers; Prior Approval.--Section
502(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n))
is amended by striking ``except that (A)'' and all that follows through
``and (B)'' and inserting the following: ``provided that (A)(i) in the
case of an advertisement intended for consumers of a prescription drug,
such regulations shall require prior approval by the Secretary of the
content of the advertisement, which approval or denial shall be issued
not later than 30 days after the content is submitted to the Secretary,
and (ii) in the case of an advertisement not so intended, such
regulations may not, except in extraordinary circumstances, require
prior approval by the Secretary of the content of the advertisement,
and (B)''.
(b) Two-Year Prohibition After Approval of Drug.--
(1) In general.--Section 505(c) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the
end the following paragraph:
``(5)(A) In the case of a prescription drug, the Secretary shall
require as a condition of the approval of an application under
subsection (b) that the applicant ensure that no advertisement for the
drug is issued or caused to be issued during the two-year period
beginning on the date on which the application is approved.
``(B) The Secretary, after notice and opportunity for a hearing,
may extend the two-year period under subparagraph (A) if the Secretary
determines that such extension is necessary to protect the public
health.''.
(2) Enforcement.--Section 502 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 352) is amended by adding at the
end the following:
``(x) If it is a prescription drug with respect to which there is a
failure to comply with a requirement under section 505(c)(5).''.
(c) Rule of Construction.--The amendments made by subsections (a)
and (b) may not be construed as affecting the authority of the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act (relating to actions to respond to public health
emergencies).
SEC. 102. LABELING AND ADVERTISING FOR PRESCRIPTION DRUGS; REPORT TO
CONGRESS REGARDING COMPARATIVE EFFECTIVENESS AND COST-
EFFECTIVENESS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall submit to the Committee on Energy
and Commerce in the House of Representatives, and the Committee on
Health, Education, Labor, and Pensions in the Senate, a report
providing a proposal for the inclusion in the labeling and
advertisements for each prescription drug of information concerning the
comparative effectiveness and comparative cost-effectiveness of the
drug in relation to other prescription drugs that are in the same class
of drugs. Such report shall include a description of the amendments to
the Federal Food, Drug, and Cosmetic Act that would be necessary to
enact such proposal.
SEC. 103. FUNDING FOR DIVISION OF DRUG MARKETING, ADVERTISING, AND
COMMUNICATIONS.
For carrying out the responsibilities of the Division of Drug
Marketing, Advertising, and Communications (within the Office of
Medical Policy, Center for Drug Evaluation and Research, Food and Drug
Administration), there are authorized to be appropriated $25,000,000
for fiscal year 2007, and such sums as may be necessary for each
subsequent fiscal year.
TITLE II--ADVERTISING FOR RESTRICTED MEDICAL DEVICES
SEC. 201. ADVERTISING FOR RESTRICTED DEVICES.
(a) Advertisements Intended for Consumers; Prior Approval.--Section
502(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(r))
is amended--
(1) by inserting after the first period the following: ``In
the case of an advertisement intended for consumers of a
restricted device, regulations under this paragraph shall
require prior approval by the Secretary of the content of the
advertisement, which approval or denial shall be issued not
later than 30 days after the content is submitted to the
Secretary.''; and
(2) by striking ``Except in extraordinary circumstances''
and all that follows through ``prior approval'' and inserting
the following: ``In the case of an advertisement not so
intended, such regulations may not, except in extraordinary
circumstances, require prior approval''.
(b) Study by Government Accountability Office; Report to
Congressional Committees.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the impact of consumer-directed
advertising on restricted device utilization and spending. Such
study shall consider, for the period January 1, 2001, through
December 31, 2005--
(A) the growth in retail sales of the 25 restricted
devices most heavily advertised (as measured by the
volume of advertisements aired or published) relative
to the sales of other restricted devices;
(B) annual retail price increases of the 25 most
heavily advertised devices compared to those of other
devices; and
(C) such other information as the Comptroller
General determines is useful in assessing the impact of
advertising on the national health care consumption and
spending.
(2) Evaluation of regulatory controls and sufficiency of
resources.--
(A) In general.--In conducting the study under
paragraph (1), the Comptroller General shall, in
addition to considerations under such paragraph,
evaluate whether--
(i) current regulatory controls are
designed and implemented so as to effectively
ensure that consumer-directed device
advertising provides complete and accurate
information concerning the safety and
effectiveness considerations associated with
advertised devices; and
(ii) the Food and Drug Administration
devotes sufficient resources to the tasks of
monitoring and enforcing such controls.
(B) Recommendations for congress.--If the
Comptroller General concludes that the design or
implementation of current regulatory controls is
ineffective within the meaning of subparagraph (A)(i),
or that the resources allocated for their
implementation are insufficient within the meaning of
subparagraph (A)(ii), the Comptroller General shall
develop recommendations for the Congress for
remediation of the deficiencies.
(3) Definitions.--For purposes of this subsection, the
terms ``device'' and ``restricted device'' have the meanings
that apply for purposes of the Federal Food, Drug, and Cosmetic
Act.
(4) Report.--Not later than July 1, 2006, the Comptroller
General shall submit to the Committee on Energy and Commerce in
the House of Representatives, and the Committee on Finance in
the Senate, a report providing the findings of the study under
paragraph (1), including (as applicable) recommendations under
paragraph (2)(B).
SEC. 202. FUNDING FOR OFFICE OF COMPLIANCE.
For carrying out the responsibilities of the Office of Compliance
(within the Center for Devices and Radiological Health, Food and Drug
Administration), there are authorized to be appropriated $5,000,000 for
each of the fiscal years 2007 through 2009, and such sums as may be
necessary for each subsequent fiscal year.
TITLE III--AVAILABILITY TO PUBLIC OF OBJECTIVE INFORMATION ON DRUGS
SEC. 301. AVAILABILITY OF INFORMATION.
(a) In General.--The Secretary of Health and Human Services shall
provide for the availability to the public of objective information on
health conditions and treatments through--
(1) maintaining a toll-free telephone number to provide
such information;
(2) carrying out a public information campaign to make the
public aware that such information is available from the
Department of Health and Human Services through such telephone
number and through the Internet site www.healthfinder.gov (or
successor site); and
(3) using the telephone number under paragraph (1), and the
Internet site of the Food and Drug Administration, to make the
public aware of the Internet site referred to in paragraph (2).
(b) Authorization of Appropriations for Public Information
Campaign.--For the purpose of carrying out subsection (a)(2), there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 2007 through 2009. | Medical Advertising Reform Act - Amends the Federal Food, Drug, and Cosmetic Act to require prior approval by the Secretary of Health and Human Services of consumer-directed advertising for prescription drugs and restricted medical devices.
Prohibits drugs advertising for a two-year period after approval of a new prescription drug. Allows the Secretary to extend such period as necessary to protect the public health. Deems prescription drugs to be misbranded for failure to comply with the advertising prohibition during such period.
Requires the Secretary, acting through the Commissioner of Food and Drugs, to report to Congress regarding a proposal to include on the labeling and advertisements for prescription drugs information on the comparative effectiveness and comparative cost-effectiveness of a drug to other drugs in the same class.
Directs the Comptroller General to study the impact of consumer-directed advertising on restricted device utilization and spending.
Requires the Secretary to maintain a toll-free number to provide the public with objective information on health conditions and treatments. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Dams Safety Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Secretary of the Interior has identified 53 dams on
Indian lands that present a threat to human life in the event of a
failure;
(2) because of inadequate attention in the past to problems
stemming from structural deficiencies and regular maintenance
requirements for dams operated by the Bureau of Indian Affairs,
unsafe Bureau dams continue to pose an imminent threat to people
and property;
(3) many Bureau dams have maintenance deficiencies regardless
of their current safety condition classification and the
deficiencies must be corrected to avoid future threats to human
life and property;
(4) safe working dams on Indian lands are necessary to supply
irrigation water, to provide flood control, to provide water for
municipal, industrial, domestic, livestock, and recreation uses,
and for fish and wildlife habitats; and
(5) it is necessary to institute a regular dam maintenance and
repair program, utilizing the expertise in the Bureau, Indian
tribes, and other Federal agencies.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Bureau'' means the Bureau of Indian Affairs.
(2) The term ``dam'' has the same meaning given such term by
the first section of Public Law 92-367 (33 U.S.C. 467).
(3) The term ``Secretary'' means the Secretary of the Interior.
(4) The term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, or other organized group or community, including
any Alaska Native village or regional corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act,
which is recognized as eligible for the special programs and
services provided by the United States to Indian tribes because of
their status as Indians.
SEC. 4. DAM SAFETY MAINTENANCE AND REPAIR PROGRAM.
(a) Establishment.--The Secretary shall establish a dam safety
maintenance and repair program within the Bureau to ensure maintenance
and monitoring of the condition of each dam identified pursuant to
subsection (e) necessary to maintain the dam in a satisfactory
condition on a long-term basis.
(b) Transfer of Existing Functions and Personnel.--All functions
performed before the date of the enactment of this Act pursuant to the
Dam Safety Program established by the Secretary of the Interior by
order dated February 28, 1980, and all Bureau of Indian Affairs
personnel assigned to such program as of the date of enactment of this
Act are hereby transferred to the Dam Safety Maintenance and Repair
Program. Any reference in any law, regulation, executive order,
reorganization plan, or delegation of authority to the Dam Safety
Program is deemed to be a reference to the Dam Safety Maintenance and
Repair Program.
(c) Rehabilitation.--Under the Dam Safety Maintenance and Repair
Program, the Secretary shall perform such rehabilitation work as is
necessary to bring the dams identified pursuant to subsection (e) to a
satisfactory condition. In addition, each dam located on Indian lands
shall be regularly maintained pursuant to the Dam Safety Maintenance
and Repair Program established pursuant to subsection (a).
(d) Maintenance Action Plan.--The Secretary shall develop a
maintenance action plan, which shall include a prioritization of
actions to be taken, for those dams with a risk hazard rating of high
or significant as identified pursuant to subsection (e).
(e) Identification of Dams.--
(1) Development of list.--The Secretary shall develop a
comprehensive list of dams located on Indian lands that describes
the dam safety condition classification of each dam, as specified
in paragraph (2), the risk hazard classification of each dam, as
specified in paragraph (3), and the conditions resulting from
maintenance deficiencies.
(2) Dam safety condition classifications.--The dam safety
condition classification referred to in paragraph (1) is one of the
following classifications:
(A) Satisfactory.--No existing or potential dam safety
deficiencies are recognized. Safe performance is expected under
all anticipated conditions.
(B) Fair.--No existing dam safety deficiencies are
recognized for normal loading conditions. Infrequent hydrologic
or seismic events would probably result in a dam safety
deficiency.
(C) Conditionally poor.--A potential dam safety deficiency
is recognized for unusual loading conditions that may
realistically occur during the expected life of the structure.
(D) Poor.--A potential dam safety deficiency is clearly
recognized for normal loading conditions. Immediate actions to
resolve the deficiency are recommended; reservoir restrictions
may be necessary until resolution of the problem.
(E) Unsatisfactory.--A dam safety deficiency exists for
normal loading conditions. Immediate remedial action is
required for resolution of the problem.
(3) Risk hazard classification.--The risk hazard classification
referred to in paragraph (1) is one of the following
classifications:
(A) High.--Six or more lives would be at risk or extensive
property damage could occur if the dam failed.
(B) Significant.--Between one and six lives would be at
risk or significant property damage could occur if the dam
failed.
(C) Low.--No lives would be at risk and limited property
damage would occur if the dam failed.
(f) Limitation on Program Authorization.--Work authorized by this
Act shall be for the purpose of dam safety maintenance and structural
repair. The Secretary may authorize, upon request of an Indian tribe,
up to 20 percent of the cost of repairs to be used to provide
additional conservation storage capacity or developing benefits beyond
those provided by the original dams and reservoirs. This Act is not
intended to preclude development of increased storage or benefits under
any other authority or to preclude measures to protect fish and
wildlife.
(g) Technical Assistance.--To carry out the purposes of this Act,
the Secretary may obtain technical assistance on a nonreimbursable
basis from other departments and agencies. Notwithstanding any such
technical assistance, the Dam Safety Maintenance and Repair Program
established under subsection (a) shall be under the direction and
control of the Bureau.
(h) Contract Authority.--In addition to any other authority
established by law, the Secretary is authorized to contract with Indian
tribes (under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e))), as amended, to carry out the Dam Safety
Maintenance and Repair Program established under this Act.
(i) Annual Report.--The Secretary shall submit an annual report on
the implementation of this Act. The report shall include--
(1) the list of dams and their status on the maintenance action
plan developed under this section; and
(2) the projected total cost and a schedule of the projected
annual cost of rehabilitation or repair for each dam under this
section.
The report shall be submitted at the time the budget is required to be
submitted under section 1105 of title 31, United States Code, to the
Subcommittee on Native American Affairs of the Committee on Natural
Resources of the House of Representatives and the Committee on Indian
Affairs of the Senate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. Funds provided under this Act are to
be considered nonreimbursable.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Indian Dams Safety Act of 1994 - Directs the Secretary of the Interior to: (1) establish a dam safety maintenance program within the Bureau of Indian Affairs (BIA) in order to maintain each dam on Indian lands in a satisfactory condition; (2) perform necessary repair and rehabilitation work to bring any unsatisfactory dam to satisfactory condition and to then place the dam under the program's maintenance; and (3) develop a maintenance action plan, with priority given to dams with high or significant risk ratings.
Directs the Secretary to develop a comprehensive list of dams on Indian lands describing conditions of: (1) dam safety; (2) risk hazard; and (3) maintenance deficiencies.
Authorizes the Secretary to: (1) obtain technical assistance from other agencies and departments; and (2) contract with appropriate Indian tribes to carry out the program. States that the dam safety program (of 1980) and the program established by this Act shall be under BIA direction.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asthma Awareness, Education and
Treatment Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Asthma is a chronic lung condition that affects an
estimated 14,600,000 Americans, including 4,800,000 children.
(2) An estimated 40,000,000 to 50,000,000 Americans suffer
from allergies, including allergic asthma.
(3) Asthma is the most common chronic respiratory disease
of children, accounting for 25 percent of school absenteeism,
and is the third leading cause of preventable hospitalizations.
(4) During the period 1980 through 1994 the prevalence of
pediatric asthma increased by 72 percent, and the percentage of
preschool children with asthma increased by 160 percent.
(5) The prevalence of asthma is greater in women than in
men (5.6 percent of women as compared to 5.1 percent of men).
(6) Asthma has a disparate impact on low income families,
i.e, a family of four with an income of less than $17,650. In
households with an annual income of less than $10,000, 79.2 of
1,000 individuals who are under the age of 45 have asthma,
while in families with an annual income of between $20,000 and
$35,000, 53.6 of 1,000 individuals under the age of 45 have
asthma.
(7) In 1997, more than 5,000 Americans died from asthma
attacks. During the period 1993 through 1995, the average
number of deaths from asthma for African Americans was 38.5
deaths per million individuals, while the average for
Caucasians was 15.1 deaths per million.
(8) Asthma is estimated to cost the United States over
$12,000,000,000 annually and the rise in the prevalence of
asthma will lead to higher costs in the future.
(9) African Americans are five times more likely than other
segments of the population to seek care for asthma at an
emergency room.
(10) The asthma death rate is four times higher among
African American children and two times higher among all
African Americans.
(11) Exercise improves the physical and psychological well-
being of children. Children with asthma require treatment
programs that are tailored to their unique needs because in
some instances, exercise can trigger negative response among
asthmatics.
SEC. 3. GRANTS FOR PROJECTS FOR ASTHMA-RELATED ACTIVITIES FOR LOW-
INCOME COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') may make grants to
public and nonprofit private entities for the purpose of carrying out
projects to provide for individuals in low-income communities--
(1) screenings and referrals regarding asthma, allergies,
and related respiratory problems in accordance with subsection
(b);
(2) information and education regarding such conditions in
accordance with subsection (c); and
(3) workshops regarding such conditions that are provided
for parents, teachers, physical education instructors, school
nurses, school counselors, athletic coaches, and other
individuals who serve in supervisory roles of children in such
communities.
(b) Screenings and Referrals.--The Secretary shall ensure that
screenings and referrals regarding asthma, allergies, and related
respiratory problems under subsection (a) are comprehensive, and that
the settings in which the screenings and referrals are provided
include--
(1) traditional medical settings such as hospitals, health
clinics, and the offices of physicians; and
(2) nontraditional settings for the provision of such
services, such as nurseries, elementary and secondary schools,
community centers, public housing units, volunteer
organizations, convenience stores, local governmental offices,
day care centers, sites that offer nutrition-related services
for women, infants, and children, and governmental offices that
provide cash assistance for low-income individuals.
(c) Information and Education.--The Secretary shall ensure that
information and education on asthma, allergies, and related respiratory
problems under subsection (a) is provided in accordance with the
following:
(1) The information and education is provided in the
language and cultural context that is most appropriate for the
individuals for whom the information and education is intended.
(2) The information and education includes information and
education to increase understanding on the following:
(A) The symptoms of the conditions.
(B) Preventing the conditions.
(C) Monitoring and managing the conditions,
including--
(i) avoiding circumstances that may cause
asthma attacks or other respiratory problems;
and
(ii) being aware of appropriate medication
options, such as the need as appropriate to
keep in one's possession an asthma inhaler.
(D) The importance of developing a treatment plan
that permits asthmatic children to regularly engage in
sports and other physical activities.
(3) The settings in which the information and education are
provided include traditional settings such as the settings
described in subsection (b)(1) and nontraditional settings such
as the settings described in subsection (b)(2).
(d) Evaluations of Projects.--The Secretary shall (directly or
through contract) provide for the evaluation of projects carried under
subsection (a), including--
(1) determining the number of low income children and
adults who have received screenings and referrals through the
projects;
(2) determining the extent to which the projects have had
an effect on the manner in which individuals served by the
projects prevent and manage asthma, allergies, and related
respiratory problems; and
(3) evaluating the effectiveness of materials used in
providing information and education.
(e) Inclusion in Project of Local Community-Based Organization.--A
condition for the receipt of a grant under subsection (a) is that--
(1) the applicant for the grant be a community-based
organization that provides services in the low-income community
in which the project under such subsection is to be carried
out; or
(2) the applicant for the grant demonstrate to the
Secretary that one or more representatives from such an
organization will play a substantial role in carrying out the
project.
(f) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $8,000,000
for fiscal year 2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006.
SEC. 4. NATIONAL MEDIA CAMPAIGN TO PROVIDE ASTHMA-RELATED INFORMATION.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') may make awards of
contracts to provide for a national media campaign to provide to the
public and health care providers information on asthma, allergies, and
related respiratory problems, with priority given to the occurrence of
such conditions in children. Funds for the campaign will be spent from
the appropriated sum of $5,000,000.
(b) Certain Requirements.--The Secretary shall ensure that the
national media campaign under subsection (a) is carried out in
accordance with the following:
(1) The campaign provides information regarding the
prevention and management of asthma, allergies, and related
respiratory problems.
(2) With respect to a community in which the campaign is
carried out--
(A) the campaign provides information regarding the
availability in the community of programs that provide
screenings, referrals, and treatment regarding such
conditions and training in managing the conditions; and
(B) the campaign is carried out in the language and
cultural context that is most appropriate for the
individuals for whom the campaign is intended.
The campaign message, while tailored to the affected population, should
have universal appeal and application to populations with different
demographic backgrounds.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $600,000 for
fiscal year 2002, and such sums as may be necessary for each of the
fiscal years 2003 through 2006.
SEC. 5. TAX CREDIT FOR DONATIONS OF PEST CONTROL SERVICES AND HEATING,
VENTILATION, AND AIR CONDITIONING SERVICES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. CREDIT FOR DONATIONS OF PEST CONTROL SERVICES AND HEATING,
VENTILATION, AND AIR CONDITIONING SERVICES.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer engaged in the trade or business of providing pest control
services or heating, ventilation, and air conditioning services, the
donation credit determined under this section for the taxable year is
an amount equal to the aggregate cost (including wages) paid or
incurred by the taxpayer during the taxable year in providing qualified
pest control services and qualified heating, ventilation, and air
conditioning services.
``(b) Provider Must Be Licensed.--No amount shall be taken into
account for purposes of subsection (a) by a taxpayer unless the
taxpayer is licensed and certified in the type of service provided.
``(c) Definitions.--For purposes of this section--
``(1) In general.--The terms `qualified pest control
services' and `qualified heating, ventilation, and air
conditioning services' means pest control services or heating,
ventilation, and air conditioning services (as the case may be)
provided without charge in--
``(A) any public housing (as defined in section
3(b) of the United States Housing Act of 1937), or
``(B) any multifamily residential rental property
if it is reasonably expected that at least 75 percent
of the occupants of the dwelling units have incomes
below 200 percent of the official poverty line,
but only if such services are part of a good faith effort
(including follow-up treatments) to locate the source(s) of
pest or indoor air quality problems known to trigger symptoms
of asthma or allergies, remedy the problem, and provide
maintenance services that will keep indoor air climates free of
pest and indoor air allergens and if such services are verified
in such manner as the Secretary shall prescribe.
``(2) Pest control services.--For purposes of paragraph
(1), the term `pest control services' means services--
``(A) to eliminate cockroaches, dust mites, animal
dander, and mold, and
``(B) to eliminate mice, rats, vermin, and other
rodents.
``(3) Heating, ventilation, and air conditioning
services.--The term `heating, ventilation, and air conditioning
services' shall include source remediation of poor indoor air
quality.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended--
(A) by striking ``plus'' at the end of paragraph
(14),
(B) by striking the period at the end of paragraph
(15), and inserting a comma and ``plus'', and
(C) by adding at the end the following new
paragraph:
``(16) in the case of a taxpayer engaged in the trade or
business of providing pest control or climate control services
(as defined in section 45G(b)(2)), the donation credit
determined under section 45G.''.
(2) Subsection (d) of section 39 of such Code (relating to
carryback and carryforward of unused credits) is amended by
adding at the end the following new paragraph:
``(11) No carryback of section 45G credit before january 1,
2002.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45G may be carried back to a taxable year beginning
before January 1, 2002.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45G. Credit for donations of pest
control services and heating,
ventilation, and air
conditioning services.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 6. GRANT PROGRAM REGARDING AWARENESS OF TAX CREDIT FOR DONATIONS
OF PEST CONTROL AND CLIMATE CONTROL SERVICES.
The Secretary of Health and Human Services shall, directly or
through grants or contracts, carry out a program to disseminate
information about the pest and ventilation initiative under section 45G
of the Internal Revenue Code of 1986.
SEC. 7. RESEARCH ON RELATIONSHIP BETWEEN AIR POLLUTANTS AND ASTHMA-
RELATED PROBLEMS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), in consultation with
the Administrator of the Environmental Protection Agency, shall
(directly or through grants and contracts) provide for the conduct of
research for the purpose of determining whether and to what extent
there is a causal relationship between air pollutants and the
occurrence of asthma, allergies, and related respiratory problems.
(b) Requirement Regarding Clinical Participants.--
(1) In general.--In providing for the conduct of clinical
research under subsection (a), the Secretary shall give
priority to providing to individuals described in paragraph (2)
opportunities to undergo clinical evaluations for purposes of
the research.
(2) Relevant populations.--For purposes of paragraph (1),
the individuals referred to in this paragraph are individuals
who are residents of communities in which the average family
income is at or below 200 percent of the official poverty line,
as established by the Director of the Office of Management and
Budget and revised by the Secretary in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981.
SEC. 8. COORDINATION OF FEDERAL ACTIVITIES TO ADDRESS ASTHMA-RELATED
HEALTH CARE NEEDS.
(a) In General.--The Director of the National Heart, Lung, and
Blood Institute shall, through the National Asthma Education Prevention
Program Coordinating Committee--
(1) identify all Federal programs that carry out asthma-
related activities;
(2) develop, in consultation with appropriate Federal
agencies and professional and voluntary health organizations, a
Federal plan for responding to asthma; and
(3) not later than 12 months after the date of enactment of
this Act, submit recommendations to the Congress on ways to
strengthen and improve the coordination of asthma-related
activities of the Federal Government.
(b) Representation of the Department of Housing and Urban
Development.--A representative of the Department of Housing and Urban
Development shall be included on the National Asthma Education
Prevention Program Coordinating Committee for the purpose of performing
the tasks described in subsection (a).
(c) Authorization of Appropriations.--Out of any funds otherwise
appropriated for the National Institutes of Health, $5,000,000 shall be
made available to the National Asthma Education Prevention Program for
the period of fiscal years 2002 through 2006 for the purpose of
carrying out this section. Funds made available under this subsection
shall be in addition to any other funds appropriated to the National
Asthma Education Prevention Program for any fiscal year during such
period.
SEC. 9. COMPILATION OF DATA BY CENTERS FOR DISEASE CONTROL AND
PREVENTION.
The Director of the Centers for Disease Control and Prevention, in
consultation with the National Asthma Education Prevention Program
Coordinating Committee, shall--
(1) conduct local asthma surveillance activities to collect
data on the prevalence and severity of asthma and the quality
of asthma management, including--
(A) telephone surveys to collect sample household
data on the local burden of asthma; and
(B) health care facility specific surveillance to
collect asthma data on the prevalence and severity of
asthma, and on the quality of asthma care; and
(2) compile and annually publish data on--
(A) the prevalence of children suffering from
asthma in each State; and
(B) the childhood mortality rate associated with
asthma nationally and in each State. | Asthma Awareness, Education and Treatment Act of 2001 - Authorizes the Secretary of Health and Human Services to make grants to public and nonprofit private entities for projects for specified asthma-related activities for low-income communities, including screening and referrals, information and education, and workshops for parents and other individuals who supervise children.Authorizes the Secretary also to award contracts to provide for a national media campaign to inform the public and health care providers on asthma, allergies, and related respiratory problems, especially in children.Amends the Internal Revenue Code to allow a taxpayer licensed and engaged in the trade or business of providing pest control services or heating, ventilation, and air conditioning services, an income tax credit for the aggregate cost of providing such services without charge to: (1) public housing; or (2) any multifamily residential rental property at least 75 percent of whose occupants are reasonably expected to have incomes below 200 percent of the official poverty line. Requires the Secretary to disseminate information about such credit.Directs the Secretary to provide for research into whether and to what extent there is a causal relationship between air pollutants and the occurrence of asthma, allergies, and related respiratory problems.Requires the Director of the National Heart, Lung, and Blood Institute, through the National Asthma Education Prevention Program Coordinating Committee, to: (1) identify all Federal programs that carry out asthma-related activities; and (2) develop and submit to Congress a Federal plan for responding to asthma. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethanol Education and Expansion Act
of 2007''.
SEC. 2. E-85 FUEL EXPANSION PROGRAM.
Section 231 of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1621 note; Public Law 106-224) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) in subsection (e) (as so redesignated), by striking
``subsection (a) or (b)'' and inserting ``subsection (b) or
(c)''; and
(3) by inserting after subsection (c) the following:
``(d) E-85 Fuel Program.--
``(1) Definition of e-85 fuel.--In this subsection, the
term `E-85 fuel' means a blend of gasoline at least 85 percent
(or any other percentage, but not less than 70 percent, as
determined by the Secretary, by rule, to provide for
requirements relating to cold start, safety, or vehicle
functions) of the content of which is derived from ethanol.
``(2) Program.--The Secretary shall make grants under this
section to majority-controlled producer-based business
ventures--
``(A) to install E-85 fuel infrastructure,
including infrastructure necessary--
``(i) for the direct retail sale of E-85
fuel, including E-85 fuel pumps and storage
tanks; and
``(ii) to directly market E-85 fuel to gas
retailers, including in-line blending
equipment, pumps, storage tanks, and load-out
equipment; and
``(B) to provide subgrants to direct retailers of
E-85 fuel that are located in a rural area (as defined
in section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a))) for the purpose of
installing E-85 fuel infrastructure for the direct
retail sale of E-85 fuel, including E-85 fuel pumps and
storage tanks.
``(3) Cost sharing.--
``(A) Grants.--The amount of a grant under this
section shall be equal to 20 percent of the total costs
of the installation of the E-85 fuel infrastructure, as
determined by the Secretary.
``(B) Relationship to other federal funding.--The
amount of a grant that a majority-controlled producer-
based business venture receives under this section
shall be reduced by the amount of other Federal funding
that the majority-controlled producer-based business
venture receives for the same purpose, as determined by
the Secretary.
``(C) Limitation.--Not more than 70 percent of the
total costs of E-85 fuel infrastructure provided
assistance under this section shall be provided by the
Federal Government and State and local governments.
``(4) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
subsection $20,000,000 for the period of fiscal years 2008
through 2012, to remain available until expended.''.
SEC. 3. E-85 FUEL EDUCATION PROGRAM.
Title IX of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101 et seq.) is amended by adding at the end the following:
``SEC. 9012. E-85 FUEL EDUCATION PROGRAM.
``(a) Definition of E-85 Fuel.--In this section, the term `E-85
fuel' means a blend of gasoline at least 85 percent (or any other
percentage, but not less than 70 percent, as determined by the
Secretary, by rule, to provide for requirements relating to cold start,
safety, or vehicle functions) of the content of which is derived from
ethanol.
``(b) Establishment.--The Secretary shall establish a program to
make competitive grants to eligible entities to provide education to
governmental and private entities that operate vehicle fleets, other
interested entities (as determined by the Secretary), and the public
about the benefits of E-85 fuel use.
``(c) Eligible Entities.--To be eligible to receive a grant under
subsection (b), an entity shall--
``(1) be a nonprofit organization or institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001));
``(2) have demonstrated knowledge of E-85 fuel production,
use, or distribution; and
``(3) have demonstrated the ability to conduct educational
and technical support programs.
``(d) Consultation.--In carrying out this section, the Secretary
shall consult with the Secretary of Energy.
``(e) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall make available to carry out this section $1,000,000
for each of fiscal years 2008 through 2012, to remain available until
expended.''. | Ethanol Education and Expansion Act of 2007 - Amends the Agricultural Risk Protection Act of 2000 to direct the Secretary to make grants to majority-controlled producer-based business ventures to install E-85 fuel infrastructure, including infrastructure necessary: (1) for the direct retail sale of E-85 fuel, including E-85 fuel pumps and storage tanks; and (2) to directly market E-85 fuel to gas retailers, including in-line blending equipment, pumps, storage tanks, and load-out equipment; and
Provides for infrastructure installation subgrants to direct retailers of E-85 fuel located in a rural area.
Defines "E-85 fuel" as a blend of gasoline at least 85% derived from ethanol (or any other percentage, not below 70%, as determined by the Secretary for requirements relating to cold start, safety, or vehicle functions).
Requires a grant equal to 20% of the total installation costs.
Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary to establish a program, funded by the Commodity Credit Corporation, to make competitive grants to eligible nonprofit organizations or institutions of higher education to educate governmental and private entities that operate vehicle fleets, other interested entities, and the public about the benefits of E-85 fuel use. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Bond Fairness Act''.
TITLE I--DISCRIMINATORY RATINGS TREATMENT OF STATE AND MUNICIPAL
SECURITIES
SEC. 101. PRESERVATION OF AUTHORITY TO PREVENT DISCRIMINATION.
Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o-
7) is amended--
(1) by redesignating subsection (p) as subsection (q); and
(2) by inserting after subsection (o) the following new
subsection:
``(p) Ratings Clarity and Consistency.--
``(1) Commission obligation.--Subject to paragraphs (2) and
(3), the Commission shall require each nationally recognized
statistical rating organization that is registered under this
section to establish, maintain, and enforce written policies
and procedures reasonably designed--
``(A) to establish and maintain credit ratings with
respect to securities and money market instruments
designed to assess the risk that investors in
securities and money market instruments may not receive
payment in accordance with the terms of issuance of
such securities and instruments;
``(B) to define clearly any rating symbol used by
that organization; and
``(C) to apply such rating symbol in a consistent
manner for all types of securities and money market
instruments.
``(2) Additional credit factors.--Nothing in paragraph
(1)(A), (B), or (C)--
``(A) prohibits a nationally recognized statistical
rating organization from using additional credit
factors that are documented and disclosed by the
organization and that have a demonstrated impact on the
risk an investor in a security or money market
instrument will not receive repayment in accordance
with the terms of issuance; or
``(B) prohibits a nationally recognized statistical
rating organization from considering credit factors
that are unique to municipal securities that are not
backed by the issuer's full faith and credit in its
assessment of the risk an investor in a security or
money market instrument will not receive repayment in
accordance with the terms of issuance.
``(3) Complementary ratings.--The Commission shall not
impose any requirement under paragraph (1) that prevents
nationally recognized statistical rating organizations from
establishing ratings that are complementary to the ratings
described in paragraph (1)(A) and that are created to measure a
discrete aspect of the security's or instrument's risk.
``(4) Review.--
``(A) Performance measures.--The Commission shall,
by rule, establish performance measures that the
Commission shall consider when deciding whether to
initiate a review concerning whether a nationally
recognized statistical rating organization has failed
to adhere to such organization's stated procedures and
methodologies for issuing ratings on securities or
money market instruments.
``(B) Consideration of evidence.--Performance
measures the Commission may consider in initiating a
review of an organization's ratings in each of the
categories described in clauses (i) through (v) of
section 3(a)(62)(B) during an appropriate interval (as
determined by the Commission) include the transition
and default rates of its in discrete asset classes.''.
SEC. 102. GENERAL ACCOUNTABILITY OFFICE STUDY OF CREDIT RATINGS.
(a) Study Required.--The Comptroller General shall conduct a study
of the treatment of different classes of bonds (municipal versus
corporate) by the nationally recognized statistical rating
organizations. Such study shall examine--
(1) whether there are fundamental differences in the
treatment of different classes of bonds by such rating
organizations that cause some classes of bonds to suffer from
undue discrimination;
(2) if there are such differences, what are the causes of
such differences and how can they be alleviated;
(3) whether there are factors other than risk of loss that
are appropriate for the credit ratings agencies to consider
when rating bonds, and do those factors vary across different
sectors;
(4) the types of financing arrangement used by municipal
issuers;
(5) the differing legal and regulatory regimes governing
disclosures for corporate bonds and municipal bonds;
(6) the extent to which retail investors could be
disadvantaged by a single ratings scale; and
(7) practices, policies, and methodologies by the
nationally recognized statistical rating organizations with
respect to rating municipal bonds.
(b) Report Required.--Within 6 months after the date of enactment
of this Act, the Comptroller General shall submit a report on the
results of the study required by subsection (a) to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Development of the Senate. Such report
shall include an assessment of each of the issues and subjects
described in paragraphs (1) through (7) of subsection (a).
SEC. 103. IMPLEMENTATION.
The Securities and Exchange Commission shall prescribe rules to
implement the amendments made by section 101 within 270 days after the
date of enactment of this Act.
TITLE II--REVIEW OF MUNICIPAL BOND INSURANCE INDUSTRY
SEC. 201. AUTHORITY OF SECRETARY.
(a) Authority To Receive and Collect Information.--Subject to
subsection (b), the Secretary of the Treasury shall have the authority
to receive and collect (directly from the States and other sources),
and to analyze and disseminate, data and information, and to issue
reports, regarding entities that insure or guarantee the payment of any
portion of the principal and interest of any municipal obligation,
including information, data and material regarding--
(1) financial safety and soundness of such entities;
(2) concentration of insurance liabilities of such
entities;
(3) performance of such entities under various scenarios of
macro- and micro-economic stress;
(4) underwriting standards for such entities; and
(5) risk management of such entities.
(b) Limitations.--With respect to the authority under subsection
(a)--
(1) the submission of any non-publicly available data and
information to the Secretary shall be voluntary and such
submission shall not constitute a waiver of, or otherwise
affect, any privilege or confidentiality protection to which
the data or information is otherwise subject;
(2) to the extent that any such data and information has
already been received or collected by, or can efficiently be
received or collected by, the States (including the insurance
commissioners of the States), the National Association of
Insurance Commissioners, or any other appropriate source, the
Secretary may enter into an information-sharing agreement with
such source to provide for the receipt of such data by the
Secretary;
(3) any requirement under Federal or State law to the
extent otherwise applicable, or any requirement pursuant to a
written agreement in effect between the original source of any
non-publicly available data or information and the source of
such data or information to the Secretary, regarding the
privacy or confidentiality of any data or information in the
possession of the source to the Secretary, and any privilege
arising under Federal or State law (including the rules of any
Federal or State court) with respect to such data or
information, shall continue to apply to such data or
information after the data or information has been provided
pursuant to this subsection to the Secretary;
(4) the Secretary shall treat as confidential and
privileged any data or information obtained from any source
that is entitled to confidential treatment under applicable
State or Federal law or regulations, or under any agreement to
which the source is a party and shall take all reasonable steps
to oppose any effort to secure disclosure of the data or
information by the Secretary;
(5) the Secretary may not in any case disclose to any party
any personally identifiable information received or collected
by the Secretary pursuant to this subsection; and
(6) any non-publicly available data and information
received or collected by the Secretary pursuant to this
subsection shall be considered trade secrets and commercial or
financial information that is privileged and confidential
pursuant to section 552(b)(4) of title 5, United States Code.
SEC. 202. REPORTS TO CONGRESS.
The Secretary shall submit a report annually to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the financial
state of the industry for insurance and guarantee of municipal bonds,
meaningful trends in such industry, and the potential impacts on the
overall financial system in the United States that entities providing
such insurance and guarantees could have under various scenarios of
macro- and micro-economic stress.
SEC. 203. RETENTION OF EXISTING REGULATORY AUTHORITY.
This title may not be construed to establish any supervisory or
regulatory authority of the Secretary over any entity that insures or
guarantees the payment of any portion of the principal and interest of
any municipal obligation.
SEC. 204. DEFINITIONS.
For purposes of this title, the following definitions shall apply:
(1) Municipal obligation.--The term ``municipal
obligation'' means any bond, note, security, or other debt
obligation issued by any State, any political subdivision of a
State, one or more political subdivisions of a State, or a
State and one or more of its political subdivisions, by any
agency, department, office, authority, or other instrumentality
of a State, any political subdivision of a State, one or more
political subdivisions of a State, or a State and one or more
of its political subdivisions, or by any other entity eligible
to issue bonds the interest on which is excludable from gross
income under section 103 of the Internal Revenue Code of 1986.
(2) Political subdivision.--The term ``political
subdivision'' includes any city, county, town, township,
parish, village, or other general purpose political subdivision
of a State and any school, utility, fire, or tax district, or
other special purpose political subdivision of a State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(4) 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.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for
carrying out this title such sums as may be necessary for each fiscal
year. | Municipal Bond Fairness Act - Title I: Discriminatory Ratings Treatment of State and Municipal Securities - (Sec. 101) Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require each registered nationally recognized statistical rating organization (NSRO) (credit rating agency) to establish, maintain, and enforce written policies and procedures reasonably designed to: (1) establish and maintain credit ratings with respect to securities and money market instruments designed to assess the risk that investors in such instruments may not receive payment in accordance with their terms of issuance; and (2) define clearly any rating symbol and apply it consistently.
Permits an NSRO to consider the following when assessing the risk that an investor in a security or money market instrument will not receive repayment in accordance with the terms of issuance: (1) additional credit factors that it has documented and disclosed; or (2) credit factors that are unique to municipal securities that are not backed by the issuer's full faith and credit.
Prohibits the SEC from imposing any requirement that prevents an NSRO from establishing ratings that are complementary to mandatory ratings and that are created to measure a discrete aspect of risk.
Directs the SEC to establish performance measures, which may include transition and default rates in discrete asset classes, to consider when deciding whether to initiate a review concerning whether an NSRO has failed to adhere to its procedures and methodologies for issuing ratings.
(Sec. 102) Directs the Comptroller General to study and report to certain congressional committees on the treatment of different classes of bonds (municipal versus corporate) by the NSROs.
Title II: Review of Municipal Bond Insurance Industry - (Sec. 201) Authorizes the Secretary of the Treasury to receive (directly from states and other sources), analyze, and disseminate information: (1) about entities that insure or guarantee the payment of principal and interest of any municipal obligation; and (2) from state insurance regulatory authorities and the National Association of Insurance Commissioners (NAIC).
Requires any submission to the Secretary of non-publicly available data and information to be voluntary. States that such a submission does not constitute a waiver of, or otherwise affect, any privilege or confidentiality protection to which the data or information is otherwise subject.
Authorizes the Secretary to enter into an information-sharing agreement with states, NAIC, or other appropriate sources to provide for the receipt of any data and information such sources have already received or collected, or can efficiently receive or collect.
Requires the Secretary to treat as confidential and privileged data or information obtained from any source that is entitled to confidential treatment under applicable state or federal law or regulations, or under any agreement to which the source is a party.
Prohibits the Secretary from disclosing personally identifiable information received or collected under this Act.
Considers non-publicly available data and information received or collected under this Act as trade secrets and commercial or financial information that is privileged and confidential.
(Sec. 202) Directs the Secretary to report annually to certain congressional committees on: (1) the financial state of the industry for insurance and guarantee of municipal bonds; (2) meaningful trends in such industry; and (3) potential impacts that entities providing such insurance and guarantees could have upon the overall domestic financial system under various scenarios of macro- and micro-economic stress.
(Sec. 203) Prohibits construction of this Act to establish any supervisory or regulatory authority of the Secretary over any entity that insures or guarantees the payment of any portion of the principal and interest of any municipal obligation.
(Sec. 205) Authorizes appropriations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Island Sound Restoration and
Stewardship Act''.
SEC. 2. AMENDMENTS.
(a) Long Island Sound Restoration Program.--Section 119 of the
Federal Water Pollution Control Act (33 U.S.C. 1269) is amended--
(1) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Office shall'' and inserting the following:
``(b) Office.--
``(1) Establishment.--The Administrator shall--
``(A) continue to carry out the conference study;
and
``(B) establish an office, to be located on or near
Long Island Sound.
``(2) Administration and staffing.--The Office shall'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Management Conference of the Long Island
Sound Study'' and inserting ``conference study'';
(B) in paragraph (2)--
(i) in each of subparagraphs (A) through
(G), by striking the commas at the end of the
subparagraphs and inserting semicolons;
(ii) in subparagraph (H), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (I), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(J) environmental impacts on the Long Island
Sound watershed, including--
``(i) the identification and assessment of
vulnerabilities in the watershed;
``(ii) the development and implementation
of adaptation strategies to reduce those
vulnerabilities; and
``(iii) the identification and assessment
of the impacts of sea level rise on water
quality, habitat, and infrastructure in Long
Island Sound; and
``(K) planning initiatives for Long Island Sound
that identify the areas that are most suitable for
various types or classes of activities in order to
reduce conflicts among uses, reduce environmental
impacts, facilitate compatible uses, or preserve
critical ecosystem services to meet economic,
environmental, security, or social objectives;'';
(C) by striking paragraph (4) and inserting the
following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(D) in paragraph (5), by inserting ``study'' after
``conference'';
(E) in paragraph (6)--
(i) by inserting ``(including on the
Internet)'' after ``the public''; and
(ii) by inserting ``study'' after
``conference''; and
(F) by striking paragraph (7) and inserting the
following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(3) in subsection (d)(3), in the second sentence, by
striking ``50 per centum'' and inserting ``60 percent'';
(4) by redesignating subsection (f) as subsection (i); and
(5) by inserting after subsection (e) the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Long Island Sound Restoration and Stewardship
Act, and biennially thereafter, the Director of the Office, in
consultation with the Governor of each Long Island Sound State,
shall submit to Congress a report that--
``(A) summarizes and assesses the progress made by
the Office and the Long Island Sound States in
implementing the Long Island Sound Comprehensive
Conservation and Management Plan, including an
assessment of the progress made toward meeting the
performance goals and milestones contained in the Plan;
``(B) assesses the key ecological attributes that
reflect the health of the ecosystem of the Long Island
Sound watershed;
``(C) describes any substantive modifications to
the Long Island Sound Comprehensive Conservation and
Management Plan made during the 2-year period preceding
the date of submission of the report;
``(D) provides specific recommendations to improve
progress in restoring and protecting the Long Island
Sound watershed, including, as appropriate, proposed
modifications to the Long Island Sound Comprehensive
Conservation and Management Plan;
``(E) identifies priority actions for
implementation of the Long Island Sound Comprehensive
Conservation and Management Plan for the 2-year period
following the date of submission of the report; and
``(F) describes the means by which Federal funding
and actions will be coordinated with the actions of the
Long Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in paragraph (1) available to the public,
including on the Internet.
``(g) Annual Budget Plan.--The President shall submit, together
with the annual budget of the United States Government submitted under
section 1105(a) of title 31, United States Code, information regarding
each Federal department and agency involved in the protection and
restoration of the Long Island Sound watershed, including--
``(1) an interagency crosscut budget that displays for each
department and agency--
``(A) the amount obligated during the preceding
fiscal year for protection and restoration projects and
studies relating to the watershed;
``(B) the estimated budget for the current fiscal
year for protection and restoration projects and
studies relating to the watershed; and
``(C) the proposed budget for succeeding fiscal
years for protection and restoration projects and
studies relating to the watershed; and
``(2) a summary of any proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan for
the following fiscal year.
``(h) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that impact
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office, may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel
appointments.
``(3) Federal participation in watershed planning.--A
Federal department or agency that owns or occupies real
property, or carries out activities, within the Long Island
Sound watershed shall participate in regional and subwatershed
planning, protection, and restoration activities with respect
to the watershed.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department and agency that owns or occupies
real property, or carries out activities, within the Long
Island Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--
(1) Long island sound stewardship advisory committee.--
Section 8 of the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) is amended--
(A) in subsection (g), by striking ``2011'' and
inserting ``2018''; and
(B) by adding at the end the following:
``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to--
``(1) the Advisory Committee; or
``(2) any board, committee, or other group established
under this Act.''.
(2) Reports.--Section 9(b)(1) of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended in the matter preceding subparagraph (A) by
striking ``2011'' and inserting ``2018''.
(3) Authorization.--Section 11 of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (a) (as so redesignated), by
striking ``under this section each'' and inserting ``to
carry out this Act for a''.
(4) Effective date.--The amendments made by this subsection
take effect on October 1, 2011.
SEC. 3. REAUTHORIZATION.
(a) In General.--There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency such sums as are
necessary for each of fiscal years 2014 through 2018 for the
implementation of--
(1) section 119 of the Federal Water Pollution Control Act
(33 U.S.C. 1269), other than subsection (d) of that section;
and
(2) the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359).
(b) Long Island Sound Grants.--There is authorized to be
appropriated to the Administrator of the Environmental Protection
Agency to carry out subsection (d) of section 119 of the Federal Water
Pollution Control Act (33 U.S.C. 1269) $40,000,000 for each of fiscal
years 2014 through 2018.
(c) Long Island Sound Stewardship Grants.--There is authorized to
be appropriated to the Administrator of the Environmental Protection
Agency to carry out the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) $25,000,000 for each of fiscal
years 2014 through 2018. | Long Island Sound Restoration and Stewardship Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to expand the duties of the Office of Management Conference of the Long Island Sound Study by requiring the Office to: (1) conduct or commission studies to strengthen the implementation of the Comprehensive Conservation and Management Plan for the Long Island Sound, including studies on environmental impacts on the Sound watershed and studies on planning initiatives for the Sound that identify the areas that are most suitable for various types of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, or preserve critical ecosystem services to meet economic, environmental, security, or social objectives; (2) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of the Sound; (3) make publicly available on the Internet information relating to the environmental quality of the Sound; and (4) monitor the progress made toward meeting the identified goals, actions, and schedules of the Plan. Limits the federal share for grants for projects and studies which will help implement the Plan, other than citizen involvement and citizen involvement grants, to 60%. Requires the Office's Director to submit a report that includes: (1) an assessment of the progress made by the Office and the Long Island Sound states in implementing the plan, (2) an assessment of the key ecological attributes that reflect the health of the ecosystem of the Sound watershed, (3) a description of any substantive modifications to the Plan made during the preceding two years, (4) recommendations to improve progress in restoring and protecting the Sound watershed, (5) priority actions for implementation of the Plan for the next two years, and (6) a description of the means by which federal funding and actions will be coordinated with the actions of the Long Island Sound states and other entities. Requires the President to submit, together with the annual U.S. budget, information regarding each federal agency involved in the protection and restoration of the Sound watershed. Requires the Administrator of the Environmental Protection Agency Act (EPA) to coordinate the actions of federal agencies that impact water quality in the Sound watershed to improve the water quality and living resources of the watershed. Requires a federal agency that owns or occupies real property, or carries out activities, within the Sound watershed to: (1) participate in regional and subwatershed planning, protection, and restoration activities with respect to the watershed; and (2) ensure that the property and activities carried out by the agency are consistent with the Plan. Amends the Long Island Sound Stewardship Act of 2006 to terminate the Long Island Sound Stewardship Advisory Committee on December 31, 2018 (currently 2011). Extends reporting requirements by requiring the Advisory Committee to submit to the Administrator and the decision making body of the Long Island Sound Study Management Conference an annual report through FY2018 on stewardship sites. Makes the amendments to such Act become effective on October 1, 2011. Extends through FY2018 the authorization of appropriations to the Administrator for the implementation of the Management Conference of the Long Island Sound Study, the Long Island Sound Stewardship Act of 2006, the Long Island Sound Grants, and Long Island Sound Stewardship Grants. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Speech on Campus Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) free speech is a fundamental right and a safeguard
against political and intellectual tyranny;
(2) curtailment of free speech strikes twice at
intellectual freedom, for whoever deprives a person of the
right to state unpopular views necessarily deprives other
persons of the right to listen to the views;
(3) the primary and traditional function of a university is
to disseminate knowledge and assist in the search for truth,
and, in order to carry out the function, to do everything
possible to ensure the free exchange of ideas and the fullest
degree of intellectual freedom;
(4) therefore, to carry out the function of the university,
every member of the university has an obligation to permit free
expression, and every university official has a special
obligation to foster freedom of speech and to ensure that the
speech is not obstructed, at the university; and
(5) unfortunately, some universities and other institutions
of higher education are using Federal funds to institute prior
restraints on speech, by taking action such as instituting
behavior codes and harassment policies that require
``politically correct'' speech, with the effect of suppressing
unpopular viewpoints.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that students attending universities,
or other institutions of higher education, that receive Federal funds
should be able to exercise full rights to freedom of speech on campus
free from official intrusion.
SEC. 4. PROHIBITION OF DISCRIMINATION.
(a) In General.--Title IX of the Education Amendments of 1972 is
amended by inserting after section 901 (20 U.S.C. 1681) the following
new section:
``SEC. 901A. PROHIBITION OF DISCRIMINATION BASED ON PROTECTED SPEECH.
``(a) Prohibition.--
``(1) In general.--Except as provided in paragraph (2), no
student attending an institution of higher education shall, on
the basis of protected speech, be excluded from participation
in, be denied the benefits of, or be subjected to
discrimination or official sanction under, any education
program or activity receiving Federal financial assistance
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
``(2) Religious and military institutions.--Paragraph (1)
shall not apply to an institution of higher education--
``(A) that is controlled by or affiliated with a
religious organization, if the application of this
section would not be consistent with the religious
tenets of such organization; or
``(B) whose primary purpose is the training of
individuals for--
``(i) the military service of the United
States; or
``(ii) the merchant marine.
``(b) Construction.--Nothing in subsection (a) shall be construed
to prevent--
``(1) the imposition of an official sanction on a student
determined to have willfully participated in the disruption or
attempted disruption of a lecture, class, speech, presentation,
or performance, made or scheduled to be made, under the
auspices of the institution of higher education; or
``(2) actions by the institution of higher education that
are necessary to ensure--
``(A) the physical safety of individuals;
``(B) the protection of property; and
``(C) the continuation of the academic and
administrative process without interference.
``(c) Definitions.--As used in this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
``(2) Protected speech.--The term `protected speech' means
speech that is protected under the first and fourteenth
amendments to the United States Constitution, or would be so
protected if the institution of higher education were subject
to those amendments.
``(3) Official sanction.--The term `official sanction'--
``(A) means expulsion, suspension, probation,
censure, condemnation, reprimand, or any other
disciplinary, coercive, or adverse action taken by an
institution of higher education or an administrative
unit of the institution; and
``(B) includes an oral or written warning made by
an official of an institution of higher education
acting in the official capacity of the official.''.
(b) Federal Administrative Enforcement.--Section 902 of the
Education Amendments of 1972 (20 U.S.C. 1682) is amended in the first
sentence by striking out ``section 901'' and inserting ``sections 901
and 901A''. | Freedom of Speech on Campus Act of 1993 - Expresses the sense of the Congress that students attending universities or other institutions of higher education that receive Federal funds should be able to exercise full rights to freedom of speech on campus free from official intrusion.
Amends the Education Amendments of 1972 to prohibit discrimination by an institution of higher education against a student based on protected speech in any education program or activity receiving Federal financial assistance under the Higher Education Act of 1965.
Makes such prohibition inapplicable to religious or military institutions.
Provides that such prohibition shall not be construed to prevent: (1) imposition of an official sanction on a student determined to have willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education; or (2) actions by such institution that are necessary to ensure the safety of individuals, protection of property, and continuation of the academic and administrative process without interference. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Assistant Education Public
Health Initiatives Act of 2015''.
SEC. 2. STUDENT LOAN REPAYMENT FOR CERTAIN PHYSICIAN ASSISTANTS.
(a) In General.--Part C of title VII of the Public Health Service
Act (42 U.S.C. 293k et seq.) is amended by adding at the end the
following:
``Subpart III--Physician Assistants
``SEC. 749C. FACULTY POSITIONS IN PHYSICIAN ASSISTANT EDUCATION PROGRAM
LOAN REPAYMENT.
``(a) In General.--
``(1) Contracts.--Subject to paragraph (2), the Secretary
shall enter into contracts with eligible individuals under
which such an individual agrees to serve as a full-time member
of the faculty at a graduate-level physician assistant
education program (as defined in section 799B) in consideration
of the Federal Government agreeing to pay, for each year of
such service, at the end of each such year, not more than
$10,000 of the principal and interest of the educational loans
of such individual.
``(2) Cap.--The Secretary may not pay more than $45,000
under this section for any individual.
``(b) Definitions.--
``(1) Eligible individual.--In this section, the term
`eligible individual' means an individual who--
``(A) is a citizen, national, or lawful permanent
resident of the United States;
``(B) has a degree from a graduate-level physician
assistant education program;
``(C) has contracted with a graduate-level
physician assistant education program to serve as a
member of the faculty for not less than 2 years; and
``(D) either--
``(i) holds a license as a physician
assistant; or
``(ii) is qualified for licensure as a
physician assistant in a State where such
individual serves as a full-time member of the
faculty at a graduate-level physician assistant
education program.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2017 through 2021.
``SEC. 749D. PHYSICIAN ASSISTANT PRIMARY CARE PROVIDER LOAN REPAYMENT.
``(a) In General.--The Secretary shall enter into contracts with
eligible individuals under which such an individual agrees to serve for
at least 2 years as a full-time physician assistant in a health
professional shortage area, in a medically underserved area, or at a
health center in consideration of the Federal Government agreeing to
pay the eligible amount of the principal and interest of the
educational loans of such individual.
``(b) Definitions.--In this section:
``(1) Eligible amount.--The term `eligible amount' means,
with respect to an eligible individual who has entered into a
contract under subsection (a), with respect to the aggregate
principal and interest on educational loans of such individual
outstanding on the date such individual began the service
described in such contract--
``(A) for each of the first two years of service
under such contract, 30 percent of such aggregate
principal and interest; and
``(B) for the third year, if any, of service under
such contract, 25 percent of such aggregate principal
and interest.
``(2) Eligible individual.--The term `eligible individual'
means an individual who--
``(A) is a citizen, national, or lawful permanent
resident of the United States;
``(B) has a degree from a graduate-level physician
assistant education program; and
``(C) has contracted with a health care provider
located in a health professional shortage area or a
medically underserved area or with a health center to
serve as a physician assistant for not less than 2
years.
``(3) Health center.--The term `health center' has the
meaning given such term in section 330(a).
``(4) Medically underserved area.--The term `medically
underserved area' has the meaning given the term `medically
underserved community' in section 799B(6).
``(5) Health professional shortage area.--The term `health
professional shortage area' has the meaning given such term in
section 332(a).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2017 through 2021.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to service occurring on or after the date of the enactment
of this Act.
SEC. 3. EXTENDING AUTHORIZATION OF APPROPRIATIONS TO SUPPORT FACULTY
DEVELOPMENT AND DISADVANTAGED STUDENTS.
Section 740 of the Public Health Service Act (42 U.S.C. 293d) is
amended--
(1) in subsection (a), by inserting after ``2014'' the
following: ``and each of the fiscal years 2017 through 2021'';
(2) in subsection (b), by inserting after ``2014'' the
following: ``and such sums as may be necessary for each of the
fiscal years 2017 through 2021''; and
(3) in subsection (c), by inserting after ``2014'' the
following: ``and each of the fiscal years 2017 through 2021''.
SEC. 4. REAUTHORIZATION OF PRIMARY CARE TRAINING AND ENHANCEMENT
PROGRAMS.
Section 747(c) of the Public Health Service Act (42 U.S.C. 293k(c))
is amended--
(1) in paragraph (1), by inserting after ``2014'' the
following: ``and each of fiscal years 2017 through 2021''; and
(2) in paragraph (2), by striking ``Fifteen'' and inserting
``At least 15''.
SEC. 5. GRANTS FOR RESEARCH ON PHYSICIAN ASSISTANT EDUCATION.
(a) In General.--The Secretary of Health and Human Services shall
provide grants to eligible entities to fund eligible researchers to
increase research on physician assistant education.
(b) Application.--An eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
(c) Condition of Receipt.--As a condition of receipt of a grant
under this section, an entity shall each year award not fewer than
eight eligible researchers funds to support physician assistant
education research.
(d) Report Requirement.--An entity receiving a grant under this
section shall provide to the Secretary with respect to each year that
such entity receives funds under this section a report on the
activities conducted using such funds, including--
(1) the number of researchers supported during such year by
such entity using such funds;
(2) a list of the researchers counted under paragraph (1),
organized by researcher, including--
(A) the institution such researcher is affiliated
with; and
(B) the research topic of such researcher;
(3) citations to published clinical and scientific research
by researchers described in paragraph (1) that is attributable
to support under this section;
(4) an evaluation of the benefits of grants under this
section; and
(5) any other information the Secretary may request.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
organization that--
(A) is a non-profit organization; and
(B) has demonstrated expertise in physician
assistant education and faculty development.
(2) Eligible researcher.--The term ``eligible researcher''
means, with respect to an eligible entity, a researcher that--
(A) has demonstrated expertise in physician
assistant education and faculty development; and
(B) at such time and in such manner as such entity
may require, provides such entity with a research
proposal on improving physician assistant education and
faculty development.
(3) Physician assistant education.--The term ``physician
assistant education'' means selecting, educating, and
graduating students in accredited graduate physician assistant
educational programs.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2017 through 2021. | Physician Assistant Education Public Health Initiatives Act of 2015 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to enter into contracts to repay the student loans of physician assistants who agree to serve as: (1) faculty members for physician assistant education programs; or (2) physician assistants in health professional shortage areas, in medically underserved areas, or at health centers serving medically underserved populations. The bill extends through FY2021 programs that: (1) award grants to health professional schools to provide need-based scholarships, (2) repay the student loans of health professionals from disadvantaged backgrounds who agree to serve as faculty members at health professional schools, (3) support fellowships to increase the number of underrepresented minority faculty members at health professional schools, and (4) award grants to health professional schools to assist individuals from disadvantaged backgrounds. Support provided by HHS for the development, operation, expansion, and improvement of primary care training programs is revised and extended through FY2021. HHS must award grants to nonprofit organizations to increase research on physician assistant education. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stability and Democracy for Georgia
Act of 2008'' or the ``STAND for Georgia Act of 2008''.
SEC. 2. DECLARATIONS OF POLICY.
Congress makes the following declarations:
(1) The United States condemns the attack on the sovereign
territory of Georgia by the military of the Russian Federation
in August 2008 in contravention of international law, including
the United Nations Charter and the Sochi Agreement of 1992 that
governed the conduct of Russian peacekeepers in the region of
South Ossetia.
(2) The United States strongly supports the sovereignty and
territorial integrity of Georgia and is committed to working
with the European Union and other partners to achieve this
objective.
(3) The United States appreciates the efforts of the
European Union, led by French President Sarkozy, to negotiate a
ceasefire agreement to resolve the conflict.
(4) The Russian Federation should fully withdraw all troops
to their pre-conflict positions.
(5) The United States condemns the Russian Federation's
recognition of the independence of South Ossetia and Abkhazia,
an act that violates legal principles of territorial integrity
and undermines the ceasefire agreement.
(6) In addition to independent monitors to observe the
implementation of the ceasefire agreement, an international
peacekeeping force should be established to prevent further
violence in the conflict zones of South Ossetia and Abkhazia.
SEC. 3. PURPOSES OF ASSISTANCE.
The purposes of assistance authorized under this Act are--
(1) to provide humanitarian relief to individuals displaced
internally in Georgia as a result of the August 2008 conflict
with the Russian Federation, as well as those individuals who
fled conflicts in or were expelled from South Ossetia and
Abkhazia in the early 1990s;
(2) to respond to the direct request from the Government of
Georgia for assistance in the rebuilding of its infrastructure
following the August 2008 invasion of Georgia by the Russian
Federation;
(3) to assist Georgia in strengthening its economic and
energy infrastructure;
(4) to strengthen Georgia's democratic institutions; and
(5) to enhance the relationship between the United States
and Georgia.
SEC. 4. AUTHORIZATION OF ASSISTANCE.
(a) In General.--The President is authorized to provide assistance
for Georgia to support the activities described in subsection (b).
(b) Activities Supported.--Activities that may be supported by
assistance under subsection (a) include the following:
(1) Urgent humanitarian needs.--To assist efforts in
meeting the urgent humanitarian needs of the people of Georgia,
including--
(A) provision of urgent medical care to individuals
wounded during the August 2008 conflict with the
Russian Federation;
(B) provision of short- and medium-term housing
facilities for individuals displaced by the conflict;
(C) provision of assistance to facilitate the
voluntary return and resettlement of all internally
displaced persons in conditions of security and
dignity; and
(D) reconstruction of civilian and administrative
infrastructure, including police stations, roads,
schools, and hospitals damaged in the conflict.
(2) Reconstruction.--To assist efforts in reconstruction of
critical infrastructure destroyed during the August 2008
conflict with the Russian Federation, including--
(A) provision of direct United States budgetary
support to the Government of Georgia to replace funds
the Government of Georgia is expending to pay for
emergency reconstruction needs, including
reconstruction needs relating to transportation and
energy infrastructure (including international
pipelines and power grids); and
(B) provision of assistance to help address
environmental damage caused by bombing by the military
forces of the Russian Federation, including the
destruction of forest areas near the Borjomi-Kharagauli
National Park.
(3) Economic development.--To assist the Government of
Georgia in leading the economic recovery of Georgia,
including--
(A) development of critical infrastructure that
enhances Georgia's energy security and encourages
diversification of Georgia's foreign energy sources,
including development of regional natural gas storage
facilities and the construction of hydroelectric
plants;
(B) enhancement of bilateral trade between the
United States and Georgia;
(C) retention of Georgia's status as an attractive
destination for foreign direct investment, through--
(i) establishment of national
entrepreneurial programs to create jobs and
stimulate small business growth; and
(ii) expansion of programs to enhance
cooperation between United States and Georgian
scientists and engineers.
(4) Governance.--To assist efforts in strengthening civil
society, democratic institutions, and independent media in
Georgia.
(c) Broadcasting.--Funds made available to carry out this Act may
be used to extend broadcasting efforts by the Broadcasting Board of
Governors to Georgia and to enhance Russian- and Georgian-language
Internet and broadcast capacity for the Voice of America and Radio Free
Europe/Radio Liberty, Inc.
SEC. 5. REPORT.
(a) In General.--The President shall transmit to the appropriate
congressional committees a report concerning the programs, projects,
and activities carried out under this Act during the preceding fiscal
year. The first report shall be transmitted not later than 180 days
after the date of the enactment of this Act and a subsequent report
shall be transmitted not later than October 31 of the following year.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) Urgent humanitarian needs.--A description of the
activities carried out under section 4(b)(1).
(2) Reconstruction.--A description of the activities
carried out under section 4(b)(2), including a description of--
(A) the progress in reconstructing critical
infrastructure in Georgia;
(B) the use of funds by the Government of Georgia
provided through direct United States budgetary support
pursuant to this Act to pay for emergency
reconstruction needs, including--
(i) a project-by-project description of how
the funds were used;
(ii) the progress of reconstruction
relating to each project; and
(iii) the overall amount expended for each
project; and
(C) the progress in addressing environmental damage
caused by bombing by the military forces of the Russian
Federation.
(3) Economic development.--A description of the activities
carried out under section 4(b)(3), including an assessment of
the progress in stabilizing and improving the economic
situation in Georgia.
(4) Governance.--A description of activities carried out
under section 4(b)(4), including an assessment of the strength
and development of democratic institutions in Georgia and
recommendations for other activities relating to governance in
Georgia that could be supported by United States assistance.
(5) Broadcasting.--A description of activities carried out
under section 4(c).
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
SEC. 6. AVAILABILITY OF FUNDS.
(a) In General.--Of the amounts appropriated for fiscal year 2008
for the activities of the Department of State, the Millennium Challenge
Corporation, the Overseas Private Investment Corporation, and the
United States Agency for International Development, or otherwise
transferred to those agencies, $470,000,000 is authorized to be made
available to carry out this Act.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress strongly supports providing a total of
$1,000,000,000 in assistance for Georgia to support the
activities described in section 4, consistent with President
George W. Bush's pledge of September 3, 2008;
(2) in order to provide this amount to fulfill the
President's pledge, Congress is authorizing $470,000,000 for
fiscal year 2008 to carry out this Act and Congress is
committed to authorizing the remaining funds for fiscal year
2009 in a subsequent Act of Congress; and
(3) any funds reprogrammed from amounts appropriated for
fiscal year 2008 to carry out the FREEDOM Support Act (22
U.S.C. 5801 et seq.; Public Law 102-511) or the Support for
East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et
seq.; Public Law 101-179) should be replenished through a
subsequent Act of Congress. | Stability and Democracy for Georgia Act of 2008 or the STAND for Georgia Act of 2008 - Authorizes the President, in the wake of Georgia's August 2008 conflict with the Russian Federation, to provide assistance to Georgia for: (1) humanitarian needs; (2) infrastructure reconstruction; (3) economic development; and (4) governance.
Authorizes the use of assistance under this Act to extend broadcasting efforts by the Broadcasting Board of Governors to Georgia and to enhance Russian- and Georgian-language Internet and broadcast capacity for the Voice of America (VOA) and Radio Free Europe/Radio Liberty, Inc. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE; AMENDMENTS TO 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Family Tax Relief
Act of 2008''.
(b) Amendments to 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. EXPANSION OF DEPENDENT CARE CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
(relating to refundable credits) is amended by redesignating section 36
as section 37 and by inserting after section 35 the following new
section:
``SEC. 36. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY
FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 50
percent reduced (but not below 20 percent) by 1 percentage
point for each $1,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$30,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means--
``(A) a dependent of the taxpayer (as defined in
section 152(a)(1)) who has not attained age 13,
``(B) a dependent of the taxpayer (as defined in
section 152, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B)) who is physically or
mentally incapable of caring for himself or herself and
who has the same principal place of abode as the
taxpayer for more than one-half of such taxable year,
or
``(C) the spouse of the taxpayer, if the spouse is
physically or mentally incapable of caring for himself
or herself and has the same principal place of abode as
the taxpayer for more than one-half of such taxable
year.
``(2) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) Expenses for household services.
``(ii) Expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $5,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $10,000 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount of the employment-related expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed--
``(A) in the case of an individual who is not
married at the close of such year, such individual's
earned income for such year, or
``(B) in the case of an individual who is married
at the close of such year, the lesser of such
individual's earned income or the earned income of his
spouse for such year.
``(2) Special rule for spouse who is a student or incapable
of caring for himself.--In the case of a spouse who is a
student or a qualifying individual described in subsection
(b)(1)(C), for purposes of paragraph (1), such spouse shall be
deemed for each month during which such spouse is a full-time
student at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned income
of not less than--
``(A) $250 if subsection (c)(1) applies for the
taxable year, or
``(B) $500 if subsection (c)(2) applies for the
taxable year.
In the case of any husband and wife, this paragraph shall apply
with respect to only one spouse for any one month.
``(e) Special Rules.--For purposes of this section--
``(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode as the taxpayer if
at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household,
such individual shall not be considered as married.
``(5) Special dependency test in case of divorced parents,
etc.--If--
``(A) section 152(e) applies to any child with
respect to any calendar year, and
``(B) such child is under the age of 13 or is
physically or mentally incapable of caring for himself,
in the case of any taxable year beginning in such calendar
year, such child shall be treated as a qualifying individual
described in subparagraph (A) or (B) of subsection (b)(1)
(whichever is appropriate) with respect to the custodial parent
(as defined in section 152(e)(3)(A)), and shall not be treated
as a qualifying individual with respect to the noncustodial
parent.
``(6) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(7) Student.--The term `student' means an individual who
during each of 5 calendar months during the taxable year is a
full-time student at an educational organization.
``(8) Educational organization.--The term `educational
organization' means an educational organization described in
section 170(b)(1)(A)(ii).
``(9) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(10) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under this
section with respect to any qualifying individual unless the
TIN of such individual is included on the return claiming the
credit.
``(f) Adjustment for Inflation.--In the case of any taxable year
beginning after December 31, 2008, the $30,000 amount under subsection
(a)(2) and each of the dollar amounts under subsection (c) shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins by substituting `2007' for `1992' in subparagraph (B)
thereof.
If the dollar amount as adjusted under the preceding sentence is not a
multiple of $10, such amount shall be rounded to the nearest multiple
of $10.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Subpart A of part IV of subchapter A of chapter 1 of
the Internal Revenue Code of 1986 is amended by striking
section 21.
(2) Section 23(f)(1) (relating to filing requirements) is
amended by striking ``section 21(e)'' and inserting ``section
36(e)''.
(3) Section 35(g)(6) (relating to marital status) is
amended by striking ``section 21(e)'' and inserting ``section
36(e)''.
(4) Section 129(a)(2) (relating to limitation of exclusion)
is amended by striking ``section 21(e)'' and inserting
``section 36(e)''.
(5) Section 129(b)(2) (relating to special rule for certain
spouses) is amended by striking ``section 21(d)(2)'' and
inserting ``section 36(d)(2)''.
(6) Section 129(e)(1) (relating to dependent care
assistance) is amended by striking ``section 21(b)(2)'' and
inserting ``section 36(b)(2)''.
(7) Section 213(e) (relating to exclusion of amounts
allowed for care of certain dependents) is amended by striking
``section 21'' and inserting ``section 36''.
(8) Section 6213(g)(2) (relating to mathematical or
clerical error) is amended--
(A) by striking ``section 21'' in subparagraph (H)
and inserting ``section 36'', and
(B) by striking ``section 21, 24, or 32'' in
subparagraph (L) and inserting ``section 24, 32, or
36''.
(c) Clerical Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following new items:
``Sec. 36. Expenses for household and dependent care services necessary
for gainful employment.
``Sec. 37. Overpayments of tax.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 21.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. EXPANSION OF TEACHER EXPENSES DEDUCTION.
(a) In General.--Subparagraph (D) of section 62(a)(2) (relating to
certain expenses of elementary and secondary school teachers) is
amended to read as follows:
``(D) Certain expenses of elementary and secondary
school teachers.--
``(i) In general.--The deductions allowed
by section 162 which consist of expenses, not
in excess of $450, paid or incurred by an
eligible educator--
``(I) in connection with books,
supplies (other than nonathletic
supplies for courses of instruction in
health or physical education), computer
equipment (including related software
services) and other equipment, and
supplementary materials used by the
eligible educator, and
``(II) for the professional
development of the eligible educator.
``(ii) Inflation adjustment.--In the case
of any taxable year beginning after 2008, the
$450 dollar amount under clause (i) shall be
increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2007' for
`calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding
sentence is not a multiple of $10, such amount
shall be rounded to the next lowest multiple of
$10.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 4. PERMANENT EXTENSION OF ADOPTION TAX RELIEF.
Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 is amended by adding at the end the following new
subsection:
``(c) Exception.--Subsection (a) shall not apply to the amendments
made by section 202 (relating to expansion of adoption credit and
adoption assistance programs).''. | Family Tax Relief Act of 2008 - Amends the Internal Revenue Code to: (1) increase and make refundable the tax credit for employment-related dependent care expenses; and (2) increase and make permanent the tax deduction for certain expenses of elementary and secondary school teachers.
Makes permanent provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 which allow: (1) an expanded tax credit for adoption expenses; and (2) an increased exclusion from the gross income of employees for employer-paid adoption expenses. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Access Preservation Act
of 1998''.
SEC. 2. REVISION OF INTERIM PAYMENT SYSTEM FOR HOME HEALTH SERVICES.
(a) Revision of Per Beneficiary Limit.--Section 1861(v)(1)(L) of
the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended--
(1) in clause (v)(I)--
(A) by inserting ``for a cost reporting period
beginning during fiscal year 1998,'' after ``(I)'', and
(B) by inserting before the semicolon the
following: ``, and for a cost reporting period
beginning after fiscal year 1998, the per beneficiary
annual limitation as determined under clause (viii)(II)
for such period''; and
(2) by adding at the end the following:
``(viii)(I) For purposes of this clause, for home health agencies
in a census division, the base regional limit is equal to the sum of
the labor and nonlabor components of the standardized per-beneficiary
limitation by census region division (as specified in the table
entitled `Standardized Per-Beneficiary Limitations by Census Region
Division, Labor/Nonlabor', prepared by the Health Care Financing
Administration, and published in the Federal Register on July 31, 1998,
or during August 1998) for the census division, and the base national
limit is equal to the mean of such base regional limits.
``(II) For home health services furnished during a cost reporting
period that begins after fiscal year 1998 and that is not subject to
the prospective payment system under section 1895, the per beneficiary
annual limitation for a home health agency in a census division is
equal to the sum of 50 percent of the base regional limit (specified
under subclause (I)) for agencies in such division and 50 percent of
the base national limit (as specified under such subclause), updated by
the home health market basket index for each fiscal year (after fiscal
year 1998 and through the fiscal year involved), and adjusted as
provided under subclause (III).
``(III) The Secretary shall adjust the labor-related portion of the
updated sum calculated under subclause (II) by the area wage index
applicable under section 1886(d)(3)(E) and determined in the manner
described in clause (iii) for cost reporting periods beginning during
the fiscal year involved. In applying this subclause for services
furnished during cost reporting periods beginning during fiscal year
1999, the Secretary shall use the area wage index specified in the
tables entitled `Wage Index for Urban Areas' and `Wage Index for Rural
Areas', prepared by the Health Care Financing Administration, and
published in the Federal Register on July 31, 1998, or during August
1998.''.
(b) Elimination of Special Rule for New Agencies.--Section
1861(v)(1)(L)(vi) of such Act (42 U.S.C. 1395x(v)(1)(L)(vi)) is amended
by striking ``the following rules apply'' and all that follows through
``For beneficiaries'' and inserting ``in the case of beneficiaries'',
and correcting the indentation of the matter that follows accordingly.
(c) Increase in Per Visit Cost Limits.--Section 1861(v)(1)(L)(i) of
such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended--
(1) in subclause (III), by striking ``or'';
(2) in subclause (IV)--
(A) by inserting ``and before October 1, 1998,''
after ``October 1, 1997,''; and
(B) by striking the period at the end and inserting
``, or''; and
(3) by adding at the end the following new subclause:
``(V) October 1, 1998, 108 percent of such median.''.
(d) Prompt Publication of New Limits.--Section 1861(v)(1)(L)(vii)
of such Act (42 U.S.C. 1395x(v)(1)(L)(vii)) is amended--
(1) in subclause (II), by redesignating such subclause as
subclause (III) and by striking ``1998'' and inserting
``1999''; and
(2) by inserting after subclause (I) the following:
``(II) The Secretary shall establish the per beneficiary annual
limitation under clause (viii)(II) and the per visit limits applicable
under clause (i)(V) for cost reporting periods beginning during fiscal
year 1999 as soon as practicable after the date of the enactment of
such clauses.''.
(e) Effective Dates.--(1) Except as provided in paragraph (2), the
amendments made by this section take effect on the date of the
enactment of this Act.
(2) The amendment made by subsection (b) applies to services
furnished in cost reporting periods beginning after fiscal year 1998.
(3) There shall be no administrative or judicial review under
section 1869 or 1878 of the Social Security Act, or under any other
provision of law, of any action taken by the Secretary of Health and
Human Services to implement the amendments made by this section.
SEC. 3. GRANT PROGRAM TO PROVIDE FOR ADJUSTMENT FOR OUTLIERS TO ASSIST
TRANSITION TO PROSPECTIVE PAYMENT SYSTEM.
Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is
amended by adding at the end the following new subsection:
``(e) Grant Program To Provide for Adjustment for Outliers To
Assist Transition to Prospective Payment System.--
``(1) Appropriations; total allotment.--For the purpose of
making payments to States under allotments under paragraph (2),
there is appropriated, out of any money in the Treasury not
otherwise appropriated--
``(A) for fiscal year 1999, $250,000,000;
``(B) for fiscal year 2000, $250,000,000;
``(C) for fiscal year 2001, $250,000,000; and
``(D) for fiscal year 2002, $250,000,000.
Such amounts shall be available for allotment under paragraph
(2) for the respective fiscal years.
``(2) Allotments to states.--
``(A) In general.--Of the amount available for
allotment under paragraph (1) for a fiscal year, the
Secretary shall allot to each State the same proportion
as the sum of the following (as determined by the
Secretary based upon data for the most recent fiscal
year ending before the fiscal year involved) for the
State bears to the total of all such sums for all the
States:
``(i) 40 percent based on number of
medicare beneficiaries.--40 percent multiplied
by a fraction (expressed as a percentage)--
``(I) the numerator of which is the
number of individuals entitled to
benefits under part A or enrolled under
part B, or both, residing in the State;
and
``(II) the denominator of which is
the total of the numbers computed under
subclause (I) for all the States.
``(ii) 60 percent based on number of
medicare beneficiaries receiving home health
services.--60 percent multiplied by a fraction
(expressed as a percentage)--
``(I) the numerator of which is the
number of individuals described in
clause (i)(I) in the State with
respect to whom a claim for benefits for home health services under
this title has been received; and
``(II) the denominator of which is
the total of the numbers computed under
subclause (I) for all the States.
``(B) 1-year availability of amounts allotted.--
Amounts allotted to a State pursuant to this paragraph
for a fiscal year shall remain available for obligation
by the State through the end of the fiscal year (or, in
the case of an allotment for fiscal year 1999 through
the end of fiscal year 2000). Amounts reallotted to a
State under subparagraph (C) shall be available for
obligation by the State through the end of the fiscal
year in which they are reallotted.
``(C) Procedure for redistribution of unused
allotments.--The Secretary shall determine an
appropriate procedure for redistribution of allotments
from States that were provided allotments under this
paragraph for a fiscal year but that do not obligate
all of the amount of such allotments during the period
in which such allotments are available for obligation
under subparagraph (B), to States that have fully
obligated the amount of their allotments under this
paragraph.
``(3) Use and payment of funds.--
``(A) In general.--From the allotments made under
paragraph (2) to a State for a fiscal year, the
Secretary shall pay to each State amounts the State
demonstrates were paid by the State in the fiscal
year--
``(i) for qualifying payments to qualified
home health agencies; and
``(ii) subject to subparagraph (D), for
administrative expenses incurred by the State
in carrying out this subsection.
In no case shall the payments to a State under this
paragraph in a fiscal year exceed the amount of the
allotments made available for obligation to the State
under paragraph (2) for the fiscal year.
``(B) Qualifying payment defined.--For purposes of
this paragraph, a `qualifying payment' to a qualified
home health agency is the amount by which--
``(i) the amount of the reasonable costs of
the agency of furnishing home health services
under this title in the State, incurred for
cost reporting periods beginning on or after
October 1, 1997, and before the first cost
reporting period for which payment under this
title to the agency is made under subsection
(a), exceeds
``(ii) the amount of the reimbursement for
such services under this title.
The amount of the reasonable costs under clause (i) may
be determined using estimates of such costs based on
non-settled cost reports or other reliable information.
``(C) Qualified home health agency defined.--For
purposes of this paragraph, the term `qualified home
health agency' means a home health agency that--
``(i) has a participation agreement in
effect under section 1866(a);
``(ii) demonstrates to the State a severe
adverse impact of the payment limitation
amendments under section 4602 of the Balanced
Budget Act of 1997 because of a more costly-
than-average type or amount of services; and
``(iii) demonstrates to the State efficient
management of the agency.
``(D) Limitation on payment for administrative
expenses.--Not more than 5 percent of the amount paid
to a State under subparagraph (A) for expenditures in a
fiscal year may be paid under subparagraph (A)(ii).
``(E) Limitation on use to satisfy matching
requirement.--Amounts paid to a State under
subparagraph (A) may not be used to satisfy any
requirement for the expenditure of non-Federal funds as
a condition for the receipt of Federal funds.
``(F) Construction.--Nothing in this paragraph
shall be construed as requiring a State to provide
payment under this paragraph to all qualified home
health agencies in the State or in the full amount of
qualifying payments for any qualified home health
agency receiving such a payment.
``(G) Advance payment; retrospective adjustment.--
The Secretary may make payments under this subsection
for a fiscal year on the basis of advance estimates of
expenditures submitted by the State and such other
investigation as the Secretary may find necessary, and
may reduce or increase the payments as necessary to
adjust for any overpayment or underpayment for a prior
fiscal year.
``(4) State entitlement.--This subsection constitutes
budget authority in advance of appropriations Acts and
represents the obligation of the Federal Government to provide
for the payment to States of amounts provided under this
subsection.''.
SEC. 4. UPDATE ON IMPLEMENTATION OF PROSPECTIVE PAYMENT SYSTEM FOR HOME
HEALTH AGENCIES.
Not later than 90 days after the date of enactment of this Act, and
every 90 days thereafter until the prospective payment system for home
health agencies (established by section 1895 of the Social Security Act
(42 U.S.C. 1395fff)) is implemented, the Secretary of Health and Human
Services shall meet with the staff of the appropriate committees of
Congress to provide an informal update regarding the progress of the
Secretary in implementing such payment system. | Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies. Revises such formula for cost reporting periods beginning after FY 1998 to replace the current agency-specific per beneficiary annual limits with limits based on specified base regional limits, a base national limit, and an area wage index.
Eliminates the special rule for new agencies with respect to determination of the reasonable cost of home health services.
Provides for a three percent increase in per-visit cost limits for cost reporting periods beginning on or after October 1, 1997.
Directs the Secretary of Health and Human Services to allot grants to States, according to a specified formula, to provide for adjustment for outliers to assist in the transition to the prospective payment system for home health services. Makes necessary appropriations.
Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the prospective payment system for home health agencies under Medicare. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Insurance Accountability
Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Holocaust, an event in which millions of people
endured enormous suffering through torture and other violence,
including the murder of 6,000,000 Jews and millions of others,
the destruction of families and communities, and the theft of
their assets, was one of the most heinous crimes in human
history.
(2) Before and during World War II, millions of people
purchased insurance policies to safeguard family assets, plan
for retirement, provide for a dowry, or save for their
children's education.
(3) When Holocaust survivors and heirs and beneficiaries of
Holocaust victims presented claims to insurance companies after
World War II, many were rejected because they did not have
death certificates or physical possession of policy documents
that had been confiscated by the Nazis or lost in the
devastation of the Holocaust.
(4) In many instances, insurance company records and
records in government archives are the only proof of the
existence of insurance policies belonging to Holocaust victims.
(5) Holocaust survivors and heirs and beneficiaries of
Holocaust victims have been attempting for decades to persuade
insurance companies to settle unpaid insurance claims.
(6) In 1998, the International Commission on Holocaust Era
Insurance Claims (in this section referred to as ``ICHEIC'')
was established by the National Association of Insurance
Commissioners in cooperation with several European insurance
companies, European regulators, the Government of Israel, and
nongovernmental organizations with the promise that it would
expeditiously address the issue of unpaid insurance policies
issued to Holocaust victims.
(7) On July 17, 2000, the United States and Germany signed
an executive agreement in support of the German Foundation
``Remembrance, Responsibility, and the Future'', which
designated ICHEIC to resolve all Holocaust-era insurance
policies issued by German companies and their subsidiaries.
(8) On January 17, 2001, the United States and Austria
signed an executive agreement, which designated ICHEIC to
resolve all Holocaust-era insurance policies issued by Austrian
companies and their subsidiaries.
(9) The ICHEIC process ended in 2007 and companies holding
Holocaust-era insurance policies continue to withhold names of
owners and beneficiaries of thousands of insurance policies
sold to Jewish customers prior to World War II.
(10) Experts estimate that only a small fraction of the
policies estimated to have been sold to Jews living in Europe
at the beginning of World War II have been paid through ICHEIC.
(11) In American Insurance Association, Inc., v. Garamendi,
the United States Supreme Court held that under the supremacy
clause of the Constitution of the United States, executive
agreements and executive foreign policy calling for insurance
claims against German and Austrian companies to be handled
within ICHEIC preempted State laws authorizing State insurance
commissioners to subpoena company records and require
publication of the names of Holocaust era policy holders.
(12) In the Garamendi case, the Supreme Court stated that
Congress, which has the power to regulate international
commerce and prescribe Federal court jurisdiction, had not
addressed disclosure and restitution of insurance policies of
Holocaust victims.
(13) Subsequent court decisions have dismissed Holocaust-
era insurance claims brought against an Italian insurance
company, even though there is no executive agreement between
the United States and Italy.
(14) Congress supports the rights of Holocaust survivors
and the heirs and beneficiaries of Holocaust victims to obtain
information from insurers and to bring legal actions in courts,
wherever jurisdiction requirements are met, to recover unpaid
funds from entities that participated in the theft of family
insurance assets or the affiliates of such entities.
(15) Congress intends for this Act to establish a Federal
private right of action to allow Holocaust survivors and heirs
and beneficiaries of victims to recover under their covered
Holocaust-era insurance policies, and to allow for State causes
of action and disclosure requirement laws regarding Holocaust-
era insurance policies to be valid and not preempted.
(16) This Act expresses the intent of Congress to deem
valid State laws protecting the rights of Holocaust survivors
and the heirs and beneficiaries of Holocaust victims to obtain
information from insurers and to bring actions in courts of
proper jurisdiction to recover unpaid funds from entities that
participated in the theft of family insurance assets or the
affiliates of such entities.
(17) Insurance payments should be expedited to the victims
of the most heinous crime of the 20th century to ensure that
justice is served.
(18) This Act will enable Holocaust survivors and heirs and
beneficiaries of Holocaust victims to obtain compensation
commensurate with the real monetary value of their losses.
(19) Under the circumstances faced by Holocaust victims and
their families, courts should be open to Holocaust survivors
and heirs and beneficiaries of Holocaust victims for a
reasonable number of years after the enactment of this Act,
without regard to any other statutes of limitation.
SEC. 3. PRIVATE RIGHT OF ACTION.
(a) Civil Actions To Recover Under Covered Policies.--Any person
who purchased a covered policy, or a beneficiary or heir of such
person, may bring a civil action, in the appropriate United States
district court, against the insurer for the covered policy or a related
company of the insurer, to recover proceeds due under the covered
policy or otherwise to enforce any rights under the covered policy.
(b) Nationwide Service of Process.--For a civil action brought
under subsection (a), process may be served in the judicial district
where the case is brought or any other judicial district of the United
States where the defendant may be found, resides, has an agent, or
transacts business.
(c) Remedies.--A court shall award to a prevailing beneficiary in a
civil action brought under subsection (a)--
(1) the amount of the proceeds due under the covered
policy;
(2) prejudgment interest on the amount described in clause
(i) from the date the amount was due until the date of
judgment, calculated at a rate of 6 percent per year,
compounded annually; and
(3) any other appropriate relief necessary to enforce
rights under the covered policy.
SEC. 4. VALIDITY OF STATE LAWS.
(a) Validity of Laws Creating Cause of Action.--Any State law
creating a cause of action against any insurer or related company based
on a claim arising out of or related to a covered policy shall not be
invalid or preempted by reason of any executive foreign policy
described in subsection (d)(1) or any executive agreement described in
subsection (d)(2).
(b) Validity of Laws Requiring Disclosure of Information.--Any
State law that is enacted on or after March 1, 1998, and that requires
an insurer doing business in that State, including any related company,
to disclose information regarding any covered policy shall be deemed to
be in effect on the date of the enactment of such law and shall not be
invalid or preempted by reason of any executive foreign policy
described in paragraph (1) of subsection (d) or any executive agreement
described in paragraph (2) of subsection (d).
(c) Executive Agreements and Executive Foreign Policy Covered.--
(1) Executive foreign policy.--An executive foreign policy
described in this paragraph is a foreign policy of the
executive branch of the Federal Government established before,
on, or after the date of enactment of this Act.
(2) Executive agreements.--An executive agreement described
in this paragraph is an executive agreement between the United
States and a foreign government entered into before, on, or
after the date of enactment of this Act.
(d) Statements of Interest.--No funds may be used by the Department
of State, or any other department or agency of the United States, for
the purpose of issuing a statement of interest seeking to encourage a
court in the United States to dismiss any claim or action brought to
recover compensation arising out of or related to a covered policy.
SEC. 5. STATUTE OF LIMITATIONS.
A court may not dismiss a claim or action that is brought under
section 3, or under subsection (a) or (b) of section 4, within 10 years
after the date of the enactment of this Act on the ground that the
claim or action is barred under any statute of limitations or the
doctrine of laches.
SEC. 6. APPLICABILITY.
(a) In General.--This Act shall apply to any claim or action that
is brought, before, on, or after the date of the enactment of this Act,
under section 3, or under a State law described in subsection (a) or
(b) of section 4, including--
(1) any claim or action dismissed, before the date of the
enactment of this Act, on the ground of executive preemption;
and
(2) any claim or action that is deemed released as a result
of the settlement of a class action that was entered into
before the date of the enactment of this Act, if the claimant
did not receive any payment pursuant to the settlement.
(b) Claims or Actions Not Precluded on Certain Grounds.--With
respect to any claim or action brought under section 3, or under a
State law described in subsection (a) or (b) of section 4, it shall not
be a defense that the claim or action is or was precluded, barred,
waived, discharged, or otherwise invalid under the doctrine of res
judicata, collateral estoppel or any similar doctrine.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs in the House of Representatives, the Committee
on Foreign Relations in the Senate, and the Committees on the
Judiciary of the House of Representatives and the Senate.
(2) Covered policy.--
(A) In general.--The term ``covered policy'' means
any life, dowry, education, property, or other
insurance policy that--
(i) was in effect at any time after January
30, 1933, and before December 31, 1945; and
(ii) was issued to a policyholder domiciled
in any area that was occupied or controlled by
Nazi Germany.
(B) Nazi germany.--In this paragraph, the term
``Nazi Germany'' means--
(i) the Nazi government of Germany; and
(ii) any government in any area occupied by
the military forces of the Nazi government of
Germany.
(3) Insurer.--The term ``insurer'' means any person engaged
in the business of insurance (including reinsurance) in
interstate or foreign commerce, if the person issued a covered
policy, or a successor in interest to such person.
(4) Legislative days.--The term ``legislative days'' means
those days on which both Houses of Congress are in session.
(5) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)). | Holocaust Insurance Accountability Act of 2011 - Authorizes any person who purchased a covered policy, or a beneficiary or heir of such person, to bring a civil action in federal district court against the insurer, or a related company of the insurer, to recover proceeds due or enforce any rights under the policy. (Defines "covered policy" as any life, dowry, education, property, or other insurance policy that: (1) was in effect at any time between January 30, 1933, and December 31, 1945; and (2) was issued to a policyholder domiciled in any area occupied or controlled by Nazi Germany).
Permits nationwide service of process in order to bring such civil action.
Directs the court to award certain remedies to the prevailing beneficiary in such action.
Prohibits any executive agreement between the United States and any foreign country from invalidating or preempting any state law creating a cause of action against an insurer or related company based upon a claim arising out of, or related to, a covered insurance policy by reason of either any specified executive foreign policy or specified executive agreement.
Deems effective upon its enactment any state law enacted on or after March 1, 1998, which requires an insurer doing business in that state to disclose information regarding such covered policies.
Prohibits any federal department or agency from expending funds for the purpose of issuing a statement of interest seeking to encourage a federal court to dismiss any claim or action brought to recover compensation arising out of or related to a covered policy.
Prohibits a court from dismissing a claim or action brought under this Act within 10 years after its enactment on the ground that the claim or action is barred under any statute of limitations or the doctrine of laches. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ninth Circuit Court of Appeals
Reorganization Act of 1995''.
SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter before the table, by striking out
``thirteen'' and inserting in lieu thereof ``fourteen'';
(2) in the table, by striking out the item relating to the
ninth circuit and inserting in lieu thereof the following new
item:
``Ninth........................
Arizona, California, Hawaii,
Nevada, Guam, Northern
Mariana Islands.'';
and
(3) between the last 2 items of the table, by inserting the
following new item:
``Twelfth......................
Alaska, Idaho, Montana, Oregon,
Washington.''.
SEC. 3. NUMBER OF CIRCUIT JUDGES.
The table in section 44(a) of title 28, United States Code, is
amended--
(1) by striking out the item relating to the ninth circuit
and inserting in lieu thereof the following new item:
``Ninth..................................................... 19'';
and
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth................................................... 7''.
SEC. 4. PLACES OF CIRCUIT COURT.
The table in section 48 of title 28, United States Code, is
amended--
(1) by striking out the item relating to the ninth circuit
and inserting in lieu thereof the following new item:
``Ninth........................
San Francisco, Los Angeles.'';
and
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth......................
Portland, Seattle.''.
SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.
Each circuit judge in regular active service of the former ninth
circuit whose official station on the day before the effective date of
this Act--
(1) is in Arizona, California, Hawaii, Nevada, Guam, or the
Northern Mariana Islands is assigned as a circuit judge of the
new ninth circuit; and
(2) is in Alaska, Idaho, Montana, Oregon, or Washington is
assigned as a circuit judge of the twelfth circuit.
SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior judge of the former ninth circuit on the
day before the effective date of this Act may elect to be assigned to
the new ninth circuit or to the twelfth circuit and shall notify the
Director of the Administrative Office of the United States Courts of
such election.
SEC. 7. SENIORITY OF JUDGES.
The seniority of each judge--
(1) who is assigned under section 5 of this Act; or
(2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 8. APPLICATION TO CASES.
The provisions of the following paragraphs of this section apply to
any case in which, on the day before the effective date of this Act, an
appeal or other proceeding has been filed with the former ninth
circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which it
would have gone had this Act been in full force and effect at
the time such appeal was taken or other proceeding commenced,
and further proceedings in respect of the case shall be had in
the same manner and with the same effect as if the appeal or
other proceeding had been filed in such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after the effective date as provided in paragraph (1) of
this section, shall be treated in the same manner and with the
same effect as though this Act had not been enacted. If a
petition for rehearing en banc is granted, the matter shall be
reheard by a court comprised as though this Act had not been
enacted.
SEC. 9. DEFINITIONS.
For purposes of this Act, the term--
(1) ``former ninth circuit'' means the ninth judicial
circuit of the United States as in existence on the day before
the effective date of this Act;
(2) ``new ninth circuit'' means the ninth judicial circuit
of the United States established by the amendment made by
section 2(2) of this Act; and
(3) ``twelfth circuit'' means the twelfth judicial circuit
of the United States established by the amendment made by
section 2(3) of this Act.
SEC. 10. ADMINISTRATION.
The court of appeals for the ninth circuit as constituted on the
day before the effective date of this Act may take such administrative
action as may be required to carry out this Act. Such court shall cease
to exist for administrative purposes on July 1, 1997.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on October 1, 1995. | Ninth Circuit Court of Appeals Reorganization Act of 1995
- Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle. | billsum_train |
Give a brief overview of the following text: SECTION 1. RESTORATION OF DEDUCTION FOR INTEREST ON EDUCATIONAL LOANS.
(a) In General.--Paragraph (2) of section 163(h) of the Internal
Revenue Code of 1986 (defining personal interest) is amended by
striking ``and'' at the end of subparagraph (D), by redesignating
subparagraph (E) as subparagraph (F), and by inserting after
subparagraph (D) the following new subparagraph:
``(E) any interest on a qualified educational loan
(within the meaning of paragraph (5)), and''.
(b) Qualified Educational Loan Defined.--Paragraph (5) of section
163(h) of such Code is amended to read as follows:
``(5) Qualified educational loan.--For purposes of this
subsection--
``(A) In general.--The term `qualified educational
loan' means any indebtedness--
``(i) which is provided--
``(I) pursuant to a Federal, State,
or State-based guarantee program or
insurance program,
``(II) by an organization described
in section 501(c)(3) and exempt from
tax under section 501(a), or
``(III) by a financial institution
under a supplemental education program
which requires that repayments on the
loan be made to the educational
institution referred to in subparagraph
(D)(i), and
``(ii) which is incurred to pay qualified
educational expenses which are paid or incurred
within a reasonable period of time before or
after the indebtedness is incurred.
``(B) Phaseout of benefit.--
``(i) In general.--The amount of interest
which would (but for this subparagraph) be
taken into account under paragraph (2)(E) for
the taxable year shall be reduced (but not
below zero) by the amount which bears the same
ratio to such interest as the excess of the
taxpayer's adjusted gross income for such
taxable year over the applicable dollar amount
bears to phaseout range.
``(ii) Applicable dollar amount; phaseout
range.--For purposes of clause (i)--
``(I) in the case of a return of an
unmarried individual, the applicable
dollar amount is $40,000 and the
phaseout range is $15,000,
``(II) in the case of a joint
return, the applicable dollar amount is
$60,000 and the phaseout range is
$30,000, and
``(III) in any other case, the
applicable dollar amount is zero.
``(C) Deduction allowable only for first 48 months
loan is in repayment status.--Paragraph (2)(E) shall
apply only to interest which is paid or incurred during
the first 48 months (whether or not consecutive) for
which a payment is required to be made on the loan.
``(D) Qualified educational expenses.--For purposes
of this paragraph--
``(i) In general.--The term `qualified
educational expenses' means qualified tuition
and related expenses of the taxpayer, his
spouse, or a dependent (as defined in section
152) for attendance at an educational
institution described in section
170(b)(1)(A)(ii).
``(ii) Qualified tuition and related
expenses.--The term `qualified tuition and
related expenses' has the meaning given such
term by section 117(b), except that such term
shall include any reasonable living expenses
while away from home.
``(E) Adjustment of phaseout for inflation.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
1994, the $40,000 and $60,000 amounts contained
in subparagraph (B) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment under section 1(f)(3) for
the calendar year in which the taxable
year begins, determined by substituting
`calendar year 1993' for `calendar year
1989' in subparagraph (B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $50, such
amount shall be rounded to the nearest multiple
of $50 (or, if such amount is a multiple of
$25, such amount shall be rounded to the next
highest multiple of $50).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993, but only with
respect to loans the first required payment on which is after such
date. | Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. Allows such deduction only for the first 48 months of loan repayment. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing America's Commercial
Entrepreneurs for Space Act'' or the ``RACE for Space Act''.
SEC. 2. COMMERCIAL SPACE LAUNCH COOPERATION.
(a) In General.--Chapter 135 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2275. Commercial space launch cooperation.
``(a) Authority.--The Secretary of Defense may, to assist the
Secretary of Transportation in carrying out responsibilities set forth
in titles 49 and 51 with respect to private sector involvement in
commercial space activities and public-private partnerships pertaining
to space transportation infrastructure, take such actions as the
Secretary considers to be in the best interest of the Federal
Government to do the following:
``(1) Maximize the use of the capacity of the space
transportation infrastructure of the Department of Defense by
the private sector in the United States.
``(2) Maximize the effectiveness and efficiency of the
space transportation infrastructure of the Department of
Defense.
``(3) Reduce the cost of services provided by the
Department of Defense related to space transportation
infrastructure at launch support facilities and space recovery
support facilities.
``(4) Encourage commercial space activities by enabling
investment in the space transportation infrastructure of the
Department of Defense by covered entities.
``(5) Foster cooperation between the Department of Defense
and covered entities.
``(b) Authority for Contract and Other Agreement Relating to Space
Transportation Infrastructure.--The Secretary of Defense--
``(1) may enter into a contract or other agreement with a
covered entity to provide to the covered entity support and
services related to the space transportation infrastructure of
the Department of Defense; and
``(2) upon the request of that covered entity, may include
such support and services in the space launch and reentry range
support requirements of the Department of Defense if--
``(A) the Secretary determines that the inclusion
of such support and services in such requirements--
``(i) is in the best interest of the
Federal Government;
``(ii) does not interfere with the
requirements of the Department of Defense; and
``(iii) does not compete with the
commercial space activities of other covered
entities, unless that competition is in the
national security interests of the United
States; and
``(B) any commercial requirement included in a
contract or other agreement entered into under this
subsection has full non-Federal funding before the
execution of the contract or other agreement.
``(c) Contributions.--
``(1) In general.--The Secretary of Defense may enter into
contracts or other agreements with covered entities on a
cooperative and voluntary basis to accept contributions of
funds, services, and equipment to carry out this section.
``(2) Use of contributions.--Any funds, services, or
equipment accepted by the Secretary under this subsection--
``(A) may be used only for the objectives specified
in this section in accordance with terms of use set
forth in the contract or other agreement entered into
under this subsection; and
``(B) shall be managed by the Secretary in
accordance with regulations of the Department of
Defense.
``(3) Requirements with respect to agreements.--A contract
or other agreement entered into under this subsection shall
address the terms of use, ownership and disposition of the
funds, and services or equipment contributed pursuant to the
contract or other agreement.
``(d) Defense Cooperation Space Launch Account.--
``(1) Establishment.--There is established in the Treasury
of the United States a special account to be known as the
`Defense Cooperation Space Launch Account'.
``(2) Crediting of funds.--Funds received by the Secretary
of Defense under subsection (c) shall be credited to the
Defense Cooperation Space Launch Account and shall be available
until expended without further authorization or appropriation
only for the objectives specified in this section.
``(e) Annual Report.--Not later than January 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the funds and equipment accepted and used by the
Secretary under this section during the previous fiscal year.
``(f) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means a
non-Federal entity that--
``(A) is organized under the laws of the United
States or of any jurisdiction within the United States;
and
``(B) is engaged in commercial space activities.
``(2) Launch support facilities.--The term `launch support
facilities' has the meaning given that term in section 50501(7)
of title 51.
``(3) Space recovery support facilities.--The term `space
recovery support facilities' has the meaning given that term in
section 50501(11) of title 51.
``(4) Space transportation infrastructure.--The term `space
transportation infrastructure' has the meaning given that term
in section 50501(12) of title 51.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2275. Commercial space launch cooperation.''.
(c) Regulations.--The Secretary of Defense shall prescribe
regulations relating to the activities of the Department of Defense
under section 2275 of title 10, United States Code, as added by
subsection (a). | Revitalizing America's Commercial Entrepreneurs for Space Act or RACE for Space Act - Authorizes the Secretary of Defense, in order to assist the Secretary of Transportation (DOT) with respect to private-sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure (STI), to: (1) maximize the use of Department of Defense (DOD) STI by the private sector, (2) maximize the effectiveness and efficiency of the DOD STI, (3) reduce the cost of STI services provided by DOD, (4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and (5) foster cooperation between DOD and such entities.
Establishes the Defense Cooperation Space Launch Account for such purposes.
Requires an annual report from the Secretary to the congressional defense and appropriations committees on funds and equipment accepted and used for such purposes. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Miners Protection Act of 2015''.
SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH
BENEFIT PLAN.
Section 402 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232) is amended--
(1) in subsection (h)(2)(C)--
(A) by striking ``A transfer'' and inserting the
following:
``(i) Transfer to the plan.--A transfer'';
(B) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively, and moving such
subclauses 2 ems to the right; and
(C) by striking the matter following such subclause
(II) (as so redesignated) and inserting the following:
``(ii) Calculation of excess.--The excess
determined under clause (i) shall be calculated
by taking into account only--
``(I) those beneficiaries actually
enrolled in the Plan as of the date of
the enactment of the Miners Protection
Act of 2015, who are eligible to
receive health benefits under the Plan
on the first day of the calendar year
for which the transfer is made; and
``(II) those beneficiaries whose
health benefits, defined as those
benefits payable directly following
death or retirement or upon a finding
of disability by an employer in the
bituminous coal industry under a coal
wage agreement (defined in section
9701(b)(1) of the Internal Revenue Code
of 1986), would be denied or reduced as
a result of a bankruptcy proceeding
commenced in 2012.
``(iii) Eligibility of certain retirees.--
Individuals referred to in clause (ii)(II)
shall be treated as eligible to receive health
benefits under the Plan.
``(iv) Requirements for transfer.--The
amount of the transfer otherwise determined
under this subparagraph for a fiscal year shall
be reduced by any amount transferred for the
fiscal year to the Plan, to pay benefits
required under the Plan, from a voluntary
employees' beneficiary association established
as a result of the bankruptcy proceeding
described in clause (ii).
``(v) VEBA transfer.--The administrator of
such voluntary employees' beneficiary
association shall transfer to the Plan any
amounts received as a result of such bankruptcy
proceeding, reduced by an amount for
administrative costs of such association.'';
and
(2) in subsection (i)--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following:
``(4) Additional amounts.--
``(A) Calculation.--If the dollar limitation
specified in paragraph (3)(A) exceeds the aggregate
amount required to be transferred under paragraphs (1)
and (2) for a fiscal year, the Secretary of the
Treasury shall transfer an additional amount equal to
the difference between such dollar limitation and such
aggregate amount to the trustees of the 1974 UMWA
Pension Plan to pay benefits required under that plan.
``(B) Cessation of transfers.--The transfers
described in subparagraph (A) shall cease as of the
first fiscal year beginning after the first plan year
for which the funded percentage (as defined in section
432(i)(2) of the Internal Revenue Code of 1986) of the
1974 UMWA Pension Plan is at least 100 percent.
``(C) Prohibition on benefit increases, etc.--
During a fiscal year in which the 1974 UMWA Pension
Plan is receiving transfers under subparagraph (A), no
amendment of such plan which increases the liabilities
of the plan by reason of any increase in benefits, any
change in the accrual of benefits, or any change in the
rate at which benefits become nonforfeitable under the
plan may be adopted unless the amendment is required as
a condition of qualification under part I of subchapter
D of chapter 1 of the Internal Revenue Code of 1986.
``(D) Treatment of transfers for purposes of
withdrawal liability under erisa.--The amount of any
transfer made under subparagraph (A) (and any earnings
attributable thereto) shall be disregarded in
determining the unfunded vested benefits of the 1974
UMWA Pension Plan and the allocation of such unfunded
vested benefits to an employer for purposes of
determining the employer's withdrawal liability under
section 4201.
``(E) Requirement to maintain contribution rate.--A
transfer under subparagraph (A) shall not be made for a
fiscal year unless the persons that are obligated to
contribute to the 1974 UMWA Pension Plan on the date of
the transfer are obligated to make the contributions at
rates that are no less than those in effect on the date
which is 30 days before the date of enactment of the
Miners Protection Act of 2015.
``(F) Enhanced annual reporting.--
``(i) In general.--Not later than the 90th
day of each plan year beginning after the date
of enactment of the Miners Protection Act of
2015, the trustees of the 1974 UMWA Pension
Plan shall file with the Pension Benefit
Guaranty Corporation a report (including
appropriate documentation and actuarial
certifications from the plan actuary, as
required by the Secretary of Labor) that
contains--
``(I) whether the plan is in
endangered or critical status under
section 305 of the Employee Retirement
Income Security Act of 1974 and section
432 of the Internal Revenue Code of
1986 as of the first day of such plan
year;
``(II) the funded percentage (as
defined in section 432(i)(2) of such
Code) as of the first day of such plan
year, and the underlying actuarial
value of assets and liabilities taken
into account in determining such
percentage;
``(III) the market value of the
assets of the plan as of the last day
of the plan year preceding such plan
year;
``(IV) the total value of all
contributions made during the plan year
preceding such plan year;
``(V) the total value of all
benefits paid during the plan year
preceding such plan year;
``(VI) cash flow projections for
such plan year and either the 6 or 10
succeeding plan years, at the election
of the trustees, and the assumptions
relied upon in making such projections;
``(VII) funding standard account
projections for such plan year and the
9 succeeding plan years, and the
assumptions relied upon in making such
projections;
``(VIII) the total value of all
investment gains or losses during the
plan year preceding such plan year;
``(IX) any significant reduction in
the number of active participants
during the plan year preceding such
plan year, and the reason for such
reduction;
``(X) a list of employers that
withdrew from the plan in the plan year
preceding such plan year, and the
resulting reduction in contributions;
``(XI) a list of employers that
paid withdrawal liability to the plan
during the plan year preceding such
plan year and, for each employer, a
total assessment of the withdrawal
liability paid, the annual payment
amount, and the number of years
remaining in the payment schedule with
respect to such withdrawal liability;
``(XII) any material changes to
benefits, accrual rates, or
contribution rates during the plan year
preceding such plan year;
``(XIII) any scheduled benefit
increase or decrease in the plan year
preceding such plan year having a
material effect on liabilities of the
plan;
``(XIV) details regarding any
funding improvement plan or
rehabilitation plan and updates to such
plan;
``(XV) the number of participants
and beneficiaries during the plan year
preceding such plan year who are active
participants, the number of
participants and beneficiaries in pay
status, and the number of terminated
vested participants and beneficiaries;
``(XVI) the information contained
on the most recent annual funding
notice submitted by the plan under
section 101(f) of the Employee
Retirement Income Security Act of 1974;
``(XVII) the information contained
on the most recent Department of Labor
Form 5500 of the plan; and
``(XVIII) copies of the plan
document and amendments, other
retirement benefit or ancillary benefit
plans relating to the plan and
contribution obligations under such
plans, a breakdown of administrative
expenses of the plan, participant
census data and distribution of
benefits, the most recent actuarial
valuation report as of the plan year,
copies of collective bargaining
agreements, and financial reports, and
such other information as the Secretary
of Labor or the Secretary of the
Treasury may require by request to such
Corporation.
``(ii) Electronic submission.--The report
required under clause (i) shall be submitted
electronically.
``(iii) Information sharing.--The Pension
Benefit Guaranty Corporation shall share the
information in the report under clause (i) with
the Secretary of the Treasury and the Secretary
of Labor.
``(iv) Excise tax.--If the report required
under clause (i) is not filed as of the date
described in such clause, there shall be a tax
on the 1974 UMWA Pension Plan in the amount of
$100 for each day occurring after such date and
before the date on which such report is
actually filed. The preceding sentence shall
not apply if the Pension Benefit Guaranty
Corporation determines that reasonable
diligence has been exercised by the trustees of
such plan in attempting to timely file such
report.
``(G) 1974 umwa pension plan defined.--For purposes
of this paragraph, the term `1974 UMWA Pension Plan'
has the meaning given the term in section 9701(a)(3) of
the Internal Revenue Code of 1986, but without regard
to the limitation on participation to individuals who
retired in 1976 and thereafter.''. | Miners Protection Act of 2015 This bill amends the Surface Mining Control and Reclamation Act of 1977 to address potential shortages in the Multiemployer Health Benefit Plan for payment of health care benefits to retired coal miners by expanding the eligible uses of interest transferable to such plan from the Abandoned Mine Reclamation Fund, and supplemental payments from the General Fund of the Treasury. The calculation of such interest and payments shall be made by taking into account only those beneficiaries who are actually enrolled in the plan as of the enactment of this Act, as well as those retirees whose health care benefits, payable directly by an employer in the bituminous coal industry under a coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012. The bill requires the Department of the Treasury to transfer to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan additional funds to pay pension benefits required under that plan, if the $490 million cap on certain transfers to the UMWA Combined Benefit Fund and distributions to states and Indian tribes exceed the aggregate amount required to be transferred to them. The bill also expands the annual reporting requirements of the trustees of the 1974 UMWA Pension Plan on plan solvency and value of plan assets. | billsum_train |
Subsets and Splits