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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Savings and Resilient
Construction Act of 2013''.
SEC. 2. DISASTER RESILIENT PROPERTY TAX CREDIT.
(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 30D the following new section:
``SEC. 30E. DISASTER RESILIENT PROPERTY.
``(a) General Rule.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the
applicable amount for each qualified building placed in service during
the taxable year.
``(b) Applicable Amount.--For purposes of subsection (a)--
``(1) Commercial property.--In the case of a qualified
commercial property, the applicable amount is the lesser of--
``(A) 1 percent of the cost of the building, or
``(B) $25,000 per building.
``(2) Residential property.--In the case of a qualified
residential property, the applicable amount is the lesser of--
``(A) 1 percent of the cost of the property (or
construction cost for rehabilitation of the property),
or
``(B) $3,000 per property.
``(c) Qualified Building.--For purposes of subsection (a)--
``(1) In general.--The term `qualified building' means a
building--
``(A) owned by the taxpayer in a disaster area
determined as a result of a federally declared major
disaster,
``(B) the construction of which began after the
date of such disaster in that area,
``(C) which--
``(i) is qualified commercial property
placed in service for commercial purposes, or
``(ii) is qualified residential property is
placed in service for residential purposes, and
``(D) for which a certificate of occupancy is
issued before the end of the 3-year period beginning on
the date of such disaster declaration in that area.
``(2) Qualified commercial property.--The term `qualified
commercial property' means a building that is--
``(A) located in the United States,
``(B) defined in the scope of the 2009 or later
International Building Code published by the
International Code Council, and
``(C) designed and constructed to meet resilient
construction requirements.
``(3) Qualified residential property.--The term `qualified
residential property' means a building that is--
``(A) located in the United States,
``(B) defined in the scope of the 2009 or later
International Residential Code published by the
International Code Council, and
``(C) designed and constructed to meet resilient
construction requirements.
``(d) Resilient Construction Requirements.--For purposes of this
section--
``(1) In general.--The resilient construction requirements
with respect to a property are that the property is designed
and constructed to--
``(A) resist hazards brought on by a major disaster
and continues to provide its primary functions after a
major disaster,
``(B) reduce the magnitude or duration of a
disruptive event, and
``(C) have the absorptive capacity, adaptive
capacity, recoverability to withstand a potentially
disruptive event.
``(2) Treated as meeting resiliency requirements.--For
purposes of paragraph (1)--
``(A) in the case of a qualified commercial
property, the property shall be treated as meeting the
requirements specified in paragraph (1) if the property
is a building which--
``(i) was designed to meet the requirements
of the 2009 or later International Building
Code published by the International Code
Council and received the Insurance Institute
for Business and Home Safety FORTIFIED for
Safer Business designation, or
``(ii) was designed and built in a
jurisdiction that requires commercial buildings
to meet the requirements of the 2009 or later
International Building Code published by the
International Code Council with amendments that
are equivalent or more restrictive than the
requirements described in FORTIFIED for Safer
Business Standards published by the Insurance
Institute for Business and Home Safety and
received a certificate of occupancy (or other
documentation stating that it has met the
requirements of the building code) from the
jurisdiction, and
``(B) in the case of a qualified residential
property, the property shall be treated as meeting the
requirements specified in paragraph (1) if the property
is a building which was designed to meet the
requirements of the 2009 or later International
Residential Code published by the International Code
Council, and meets one of the following requirements:
``(i) The building received the Insurance
Institute for Business and Home Safety as
FORTIFIED for Safer Living designation.
``(ii) The building received the Insurance
Institute for Business and Home Safety as
FORTIFIED for Existing Homes designation,
silver level.
``(iii) It was designed and built in a
jurisdiction that requires residential
buildings to meet the requirements of the 2009
or later International Building Code published
by the International Code Council with
amendments that are equivalent or more
restrictive than the requirements described in
FORTIFIED for Safer Living Builders Guide
published by the Insurance Institute for
Business and Home Safety and received a
certificate of occupancy (or other
documentation stating that it has met the
requirements of the building code) from the
jurisdiction.
``(3) Absorptive capacity.--The term `absorptive capacity'
means the ability of the construction to endure a disruption
without significant deviation from normal operating
performance.
``(4) Adaptive capacity.--The term `adaptive capacity'
means the ability of the construction to adapt to a drastic
change in normal operating conditions.
``(5) Recoverability.--The term `recoverability' means the
ability of the construction to recover quickly, and at low
cost, from potentially disruptive events.
``(e) Other Definitions.--For purposes of this section--
``(1) Construction.--The term `construction' includes new
construction and reconstruction and rehabilitation that meets
resilient construction requirements.
``(2) Federally declared major disaster.--The term
`federally declared major disaster' means a disaster
subsequently determined by the President of the United States
to be a `major disaster' that warrants assistance by the
Federal Government under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.
``(3) Disaster area.--The term `disaster area' means the
area so determined to warrant such assistance.
``(f) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(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) Basis Reduction.--For purposes of this subtitle, the basis of
any property for which a credit is allowable under subsection (a) shall
be reduced by the amount of such credit so allowed.
``(h) Termination.--This section shall not apply to any property
for which a certificate for occupancy is issued after December 31,
2017.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code, as amended by this Act, 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 portion of the disaster resilient property
credit to which section 30E(f)(1) applies.''.
(c) Basis Adjustment.--Subsection (a) of section 1016 is amended by
striking ``and'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting a comma, by striking ``and''
at the end of paragraph (36), by striking the period at the end of
paragraph (37) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(38) to the extent provided in section 30E(g), in the
case of amounts with respect to which a credit has been allowed
under section 30E.''.
(d) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30D the following new
item:
``Sec. 30E. Disaster resilient property.''.
(e) Effective Date.--The amendments made by this section shall
apply to property for which a certificate for occupancy is issued after
the date of the enactment of this Act. | Disaster Savings and Resilient Construction Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit for a specified portion of the cost of commercial and residential buildings that comply with resilient construction requirements in a federally-declared major disaster area. Defines "resilient construction requirements" as requirements that such buildings are designed and constructed to: (1) resist hazards brought on by a major disaster; (2) continue to provide their primary functions after a major disaster; (3) reduce the magnitude or duration of a disruptive event; and (4) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. Terminates such credit for any any property for which a certificate of occupancy is issued after December 31, 2017. | billsum_train |
Condense the following text into a summary: That subsections (b),
(d), (f), (h), (j), and (k) of section 203 of the Social Security Act
are repealed.
Sec. 2. (a) Subsection (c) of section 203 of the Social Security
Act is redesignated as subsection (b); and such subsection as so
redesignated is amended--
(1) by striking out ``Noncovered Work Outside the United
States or'' in the heading;
(2) by striking out paragraph (1);
(3) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(4) by striking out ``For purposes of paragraphs (2), (3),
and (4)'' and inserting in lieu thereof ``For purposes of
paragraphs (1), (2), and (3)''; and
(5) by striking out the last sentence.
(b) Subsection (e) of such section 203 is redesignated as
subsection (c); and such subsection as so redesignated is amended by
striking out ``subsections (c) and (d)'' and inserting in lieu thereof
``subsection (b)''.
(c) Subsection (g) of such section 203 is redesignated as
subsection (d); and such subsection as so redesignated is amended by
striking out ``subsection (c)'' each place it appears and inserting in
lieu thereof ``subsection (b)''.
(d) Subsection (i) of such section 203 is redesignated as
subsection (e); and such subsection as so redesignated is amended by
striking out ``subsection (b), (c), (g), or (h)'' and inserting in lieu
thereof ``subsection (b) or (d)''.
(e) Subsection (l) of such section 203 is redesignated as
subsection (f); and such subsection as so redesignated is amended by
striking out ``subsection (g) or (h)(1)(A)'' and inserting in lieu
thereof ``subsection (d)''.
Sec. 3. (a) Section 202(j)(4)(B) of the Social Security Act is
amended by striking out clause (iv), and by redesignating clause (v) as
clause (iv).
(b) Section 202(n)(1) of such Act is amended by striking out
``Sections 203 (b), (c), and (d)'' and inserting in lieu thereof
``Section 203(b)''.
(c)(1) Section 202(q)(5)(B) of such Act is amended by striking out
``section 203(c)(2)'' and inserting in lieu thereof ``section
203(b)(1)''.
(2) Section 202(q)(7)(A) of such Act is amended by striking out
``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)''
and inserting in lieu thereof ``deductions on account of work under
section 203 or deductions under section 222(b)''.
(d)(1) Section 202(s)(1) of such Act is amended by striking out
``paragraphs (2), (3), and (4) of section 203(c)'' and inserting in
lieu thereof ``paragraphs (1), (2), and (3) of section 203(b)''.
(2) Section 202(s)(3) of such Act is amended by striking out ``The
last sentence of subsection (c) of section 203, subsection (f)(1)(C) of
section 203, and subsections'' and inserting in lieu thereof
``Subsections''.
(e) Section 202(t)(7) of such Act is amended by striking out
``Subsections (b), (c), and (d)'' and inserting in lieu thereof
``Subsection (b)''.
(f) Section 202(w)(2)(B)(ii) of such Act is amended to read as
follows:
``(ii) such individual (I) was not entitled
to an old-age insurance benefit, (II) suffered
deductions, in amounts equal to the amount of
such benefit, under section 203(b) as in effect
in the month or months involved, or (III) would
have suffered deductions on account of work, in
amounts equal to the amount of such benefit (as
determined under regulations of the Secretary),
under subsections (b) through (l) of section
203 as in effect immediately prior to the
enactment of this clause (III) if such
subsections (other than paragraph (8) of
subsection (f)) had remained in effect through
such month or months.''.
(g) Section 203(a)(3)(B)(iii) of such Act is amended by striking
out ``and subsections (b), (c), and (d)'' and inserting in lieu thereof
``and subsection (b)''.
(h) Section 208(a)(3) of such Act is amended by striking out
``under section 203(f) of this title for purposes of deductions from
benefits'' and inserting in lieu thereof ``under section 203 for
purposes of deductions from benefits on account of work''.
(i) Clause (I) in the last sentence of section 215(b)(2)(A) of such
Act is amended by striking out ``no earnings as described in section
203(f)(5) in such year'' and inserting in lieu thereof ``no wages, and
no net earnings from self-employment (in excess of net loss from self-
employment), in such year''.
(j) Section 215(g) of such Act is amended by striking out ``and any
deduction under section 203(b)''.
(k) The third sentence of section 223(d)(4) of such Act is amended
by striking out ``the exempt amount under section 203(f)(8) which is
applicable to individuals described in subparagraph (D) thereof'' and
inserting in lieu thereof the following: ``an amount equal to the
exempt amount which would have been applicable under section 203(f)(8),
to individuals described in subparagraph (D) thereof, if subsections
(b) through (l) of section 203 as in effect in December 1984 had
remained in effect through the month in which such earnings were
derived''.
(l) Section 1612(a) of such Act is amended--
(1) by striking out ``as determined under section
203(f)(5)(C)'' in paragraph (1)(A) and inserting in lieu
thereof ``as defined in the last sentence of this subsection'',
and
(2) by adding at the end thereof the following new
sentence: ``For purposes of paragraph (1)(A), the term
``wages'' means wages as defined in section 209, but computed
without regard to the limitations as to amounts of remuneration
specified in subsections (a), (g)(2), (g)(3), (h)(2), and (j)
of such section; and in making such computation services which
do not constitute employment as defined in section 210,
performed within the United States by an individual as an
employee or performed outside the United States in the active
military or naval service of the United States, shall be deemed
to be employment as so defined if the remuneration for such
services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title
II; but such term does not include (i) the amount of any
payment made to or on behalf of an employee or any of his
dependents (including any amount paid by an employer for
insurance or annuities, or into a fund, to provide for any such
payment) on account of retirement, or (ii) any payment or
series of payments by an employer to an employee or any of his
dependents upon or after the termination of the employee's
employment relationship because of retirement after attaining
an age specified in a plan referred to in section 209(m)(2) or
in a pension plan of the employer.''.
(m) Section 2 of the Railroad Retirement Act of 1974 is amended by
striking out subsections (f) and (g)(2).
Sec. 4. The amendments and repeals made by this Act shall be
effective with respect to taxable years ending on and after the date of
the enactment of this Act. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Integration of
Workers' Compensation Act of 1994''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Commission'' means the Commission on
Integration of Workers' Compensation Medical Benefits
established under section 3(a).
(2) The term ``health insurance plan'' means any insurance
plan providing coverage for medical care (within the meaning of
section 213(d)(1)(c) of the Internal Revenue Code of 1986), and
includes any plan or program of the Federal Government
providing such coverage.
(3) The term ``State'' includes the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Northern Mariana Islands.
(4) The term ``workers' compensation medical benefits''
means, with respect to an individual enrolled in a health
insurance plan who is an employee subject to the workers'
compensation laws of a State, the comprehensive medical
benefits for work-related injuries and illnesses provided for
under such laws with respect to such an employee.
(5) The term ``workers' compensation carrier'' means an
insurance company that underwrites workers' compensation
medical benefits with respect to one or more employers and
includes an employer or fund that is financially at risk for
the provision of workers' compensation medical benefits.
SEC. 3. COMMISSION ON INTEGRATION OF WORKERS' COMPENSATION MEDICAL
BENEFITS.
(a) Establishment.--There is hereby created a Commission on
Integration of Workers' Compensation Medical Benefits.
(b) Composition.--
(1) In general.--The Commission shall consist of the
Director of the National Institute for Occupational Safety and
Health (or the Director's designee) and 14 members appointed
jointly by the Secretary of Health and Human Services and the
Secretary of Labor. Appointed members of the Commission shall
include the following:
(A) One or more individuals representing State
workers' compensation commissioners.
(B) One or more individuals representing State
workers' compensation funds.
(C) One or more individuals representing organized
labor.
(D) One or more members representing employers
(other than workers' compensation insurance carriers).
(E) One or more members representing workers'
compensation insurance carriers.
(F) One or more members of the medical profession
having expertise in occupational health.
(G) One or more educators or researchers having
expertise in the field of occupational health.
(H) One or more members of the legal profession who
regularly represent workers' compensation claimants.
(2) Role of congress.--Of the members of the Commission
appointed under paragraph (1)--
(A) 3 shall be appointed from among individuals
recommended by the Speaker of the House of
Representatives;
(B) 3 shall be appointed from among individuals
recommended by the Minority Leader of the House of
Representatives;
(C) 3 shall be appointed from among individuals
recommended by the Majority Leader of the Senate; and
(D) 3 shall be appointed from among individuals
recommended by the Majority Leader of the Senate.
(3) No compensation except travel expenses.--Members of the
Commission shall serve without compensation, but the
Secretaries shall provide that each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(4) Quorum.--Eight members of the Commission shall
constitute a quorum.
(c) Duties.--
(1) In general.--The Commission shall study and develop a
detailed plan for implementing the transfer of financial
responsibility for workers' compensation medical benefits to
health insurance plans and make a recommendation as to whether
such a transfer should be effected.
(2) Implementation issues to be addressed.--In the
development of a plan under paragraph (1), the Commission shall
consider potential barriers to integration including the
following:
(A) Whether and how to maintain financial
incentives for employers to prevent work-related
illness and injury and to reduce workers' compensation
costs.
(B) Modifications of requirements for workers'
compensation carrier and health insurance plan
reserves, including any associated transition issues
relating to the modification of such requirements.
(C) The ability of health insurance plans to set
capitated payment rates for workers' compensation
costs, including the lack of availability of data for
use by plans in setting such rates.
(D) Coverage for benefits (including cost-sharing)
not typically included in health insurance plans that
are covered under State workers' compensation laws.
(E) Variation among States in eligibility for
medical and rehabilitation benefits, and the scope of
such benefits, compensable under State workers'
compensation laws.
(F) The ability to move the financial
responsibility for workers' compensation medical
benefits from an experience-rated system to a
community-rated system.
(G) The need to provide appropriate incentives to
encourage health insurance plans, providers of health
cares services, and employers to return injured
employees to work as soon as possible.
(H) The effect of an integrated system on the
ability to preserve adequate case management of
workers' compensation cases.
(I) The impact of an injured worker's choice of
provider on the costs of medical care, losses in wages
and benefits, and quality of care.
(3) Evaluation issues to be addressed.--In making its
recommendation under paragraph (1), the Commission shall
consider both the potential benefits and potential
disadvantages of such a transfer, including the likely impact
on--
(A) the quality of medical care delivered to
workers injured or made ill on the job;
(B) the incentives for employers to maintain safe
workplaces; and
(C) workers' compensation indemnity benefit costs,
medical costs and the overall cost of the workers'
compensation system.
(d) Staff Support.--The Secretaries shall provide staff support for
the Commission.
(e) Report.--The Commission shall submit a report on its work to
the President and to the Congress by not later than 1 year after the
date of the enactment of this Act. The report shall include the plan
developed and its recommendation under subsection (c)(1).
(f) Termination.--The Commission shall terminate 90 days after the
date of submission of its report under subsection (e).
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 4. IMPLEMENTATION OF RECOMMENDATIONS.
Unless Congress provides otherwise, if the report submitted by the
Commission to the President under section 3(e) recommends the
integration of financial responsibility for all medical benefits in
health insurance plans, the Secretary of Labor and the Secretary of
Health and Human Services shall promulgate regulations to carry out
such integration. | Commission on Integration of Workers' Compensation Act of 1994 - Establishes the Commission on Integration of Workers' Compensation Medical Benefits.
Directs the Commission to study and develop a detailed plan for implementing the transfer of financial responsibility for workers' compensation medical benefits to health insurance plans, and recommend whether such a transfer should be effected. Lists implementation and evaluation issues to be addressed.
Requires a Commission report to the President and the Congress.
Authorizes appropriations.
Directs the Secretaries of Health and Human Services and of Labor to promulgate regulations to carry out such integration of financial responsibility for all medical benefits in health insurance plans if the Commission report recommends this and the Congress does not provide otherwise. | billsum_train |
Summarize the following text: SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) The right of the people of the United States to freedom
of speech, particularly as it relates to comment on
governmental activities, as protected by the first amendment to
the Constitution, cannot be meaningfully exercised without the
ability of the public to obtain facts and information about the
Government upon which to base their judgments regarding
important issues and events. As the United States Supreme Court
articulated in Craig v. Harney (1947), ``A trial is a public
event. What transpires in the court room is public property.''.
(2) The right of the people of the United States to a free
press, with the ability to report on all aspects of the conduct
of the business of government, as protected by the first
amendment to the Constitution, cannot be meaningfully exercised
without the ability of the news media to gather facts and
information freely for dissemination to the public.
(3) The right of the people of the United States to
petition the Government to redress grievances, particularly as
it relates to the manner in which the Government exercises its
legislative, executive, and judicial powers, as protected by
the first amendment to the Constitution, cannot be meaningfully
exercised without the availability to the public of information
about how the affairs of government are being conducted. As the
Supreme Court noted in Richmond Newspapers, Inc. v.
Commonwealth of Virginia (1980), ``People in an open society do
not demand infallibility from their institutions, but it is
difficult for them to accept what they are prohibited from
observing.''
(4) In the twenty-first century, the people of the United
States obtain information regarding judicial matters involving
the Constitution, civil rights, and other important legal
subjects principally through the print and electronic media.
Television, in particular, provides a degree of public access
to courtroom proceedings that more closely approximates the
ideal of actual physical presence than newspaper coverage or
still photography.
(5) Providing statutory authority for the courts of the
United States to exercise their discretion in permitting
televised coverage of courtroom proceedings would enhance
significantly the access of the people to the Federal
judiciary.
(6) Inasmuch as the first amendment to the Constitution
prevents Congress from abridging the ability of the people to
exercise their inherent rights to freedom of speech, to freedom
of the press, and to petition the Government for a redress of
grievances, it is good public policy for the Congress
affirmatively to facilitate the ability of the people to
exercise those rights.
(7) The granting of such authority would assist in the
implementation of the constitutional guarantee of public trials
in criminal cases, as provided by the sixth amendment to the
Constitution. As the Supreme Court stated in In re Oliver
(1948), ``Whatever other benefits the guarantee to an accused
that his trial be conducted in public may confer upon our
society, the guarantee has always been recognized as a
safeguard against any attempt to employ our courts as
instruments of persecution. The knowledge that every criminal
trial is subject to contemporaneous review in the forum of
public opinion is an effective restraint on possible abuse of
judicial power.''.
SEC. 2. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT
PROCEEDINGS.
(a) Authority of Appellate Courts.--Notwithstanding any other
provision of law, the presiding judge of an appellate court of the
United States may, in his or her discretion, permit the photographing,
electronic recording, broadcasting, or televising to the public of
court proceedings over which that judge presides.
(b) Authority of District Courts.--
(1) In general.--Notwithstanding any other provision of
law, any presiding judge of a district court of the United
States may, in his or her discretion, permit the photographing,
electronic recording, broadcasting, or televising to the public
of court proceedings over which that judge presides.
(2) Obscuring of witnesses.--(A) Upon the request of any
witness in a trial proceeding other than a party, the court
shall order the face and voice of the witness to be disguised
or otherwise obscured in such manner as to render the witness
unrecognizable to the broadcast audience of the trial
proceeding.
(B) The presiding judge in a trial proceeding shall inform
each witness who is not a party that the witness has the right
to request that his or her image and voice be obscured during
the witness' testimony.
(c) Advisory Guidelines.--The Judicial Conference of the United
States is authorized to promulgate advisory guidelines to which a
presiding judge, in his or her discretion, may refer in making
decisions with respect to the management and administration of
photographing, recording, broadcasting, or televising described in
subsections (a) and (b).
SEC. 3. DEFINITIONS.
In this Act:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than one judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
SEC. 4. SUNSET.
The authority under section 2(b) shall terminate on the date that
is 3 years after the date of the enactment of this Act. | Authorizes: (1) the presiding judge of a U.S. appellate or district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings; and (2) the Judicial Conference of the United States to promulgate advisory guidelines for the management and administration of such coverage. Directs: (1) the district court, upon the request of any witness in a trial proceeding other than a party, to order the witness's face and voice to be disguised or otherwise obscured to the broadcast audience; and (2) the presiding judge to inform each witness of his or her right to make such request. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save for Success Act''.
SEC. 2. AMERICAN OPPORTUNITY TAX CREDIT SAVINGS CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
is amended by redesignating subsection (j) as subsection (k) and by
inserting after subsection (i) the following:
``(j) Special Rules Relating to AOTC Savings Credit.--
``(1) In general.--For purposes of this section, the term
`qualified tuition and related expenses' with respect to any
individual includes eligible college savings contributions for
such individual. Such contributions shall be taken into account
for purposes of subsection (i)(1)(A) before tuition and fees.
``(2) Limitation.--
``(A) In general.--The aggregate amount of
contributions with respect to an individual which may
be taken into account under paragraph (1) for a taxable
year is $250.
``(B) Phase out.--The dollar amount in subparagraph
(A) shall be reduced (but not below zero) by the amount
which bears the same ratio to such dollar amount as--
``(i) the number of percentage points (if
any) in excess of 133 percent that the
taxpayer's household income for the taxable
year is of the poverty line for a family of the
size involved, bears to
``(ii) 400 percentage points.
``(3) Terms relating to income and families.--The terms
`family size', `household income', and `poverty line' shall
have the meanings given such terms by section 36B(d).
``(4) Eligible higher education contribution.--For purposes
of paragraph (1), the term `eligible college savings
contribution' with respect to an individual means the excess
of--
``(A) contributions by the taxpayer in the taxable
year to qualified college savings accounts of which the
individual is the beneficiary, over
``(B) distributions from all such qualified college
savings accounts for the taxable year.
``(5) Qualified college savings accounts.--The term
`qualified college savings account' with respect to which such
individual is the beneficiary means--
``(A) an account under a qualified tuition program
(as defined by section 529), and
``(B) an account under a program of a State (or
political jurisdiction thereof) established exclusively
for the purpose of paying for college tuition and other
post-secondary educational expenses.
``(6) Portion of credit made refundable.--So much of the
credit allowed under subsection (a) as is attributable to this
subsection (determined after the application of subsection (i)
and without regard to this subsection and section 26(a)) shall
be treated as a credit allowable under subpart C (and not
allowed under subsection (a)). The preceding sentence shall not
apply to any taxpayer for any taxable year if such taxpayer is
a child to whom subsection (g) of section 1 applies for such
taxable year.''.
(b) AOTC Lifetime Limitation.--Section 25A(i)(2) of such Code is
amended to read as follows:
``(2) Limitation.--In lieu of subparagraphs (A) and (C) of
subsection (b)(2), the amount allowed as a credit under this
section for the taxable year with respect to an individual
shall not exceed--
``(A) $10,000, reduced
``(B) by the amount allowed under this section with
respect to such individual for all prior taxable
years.''.
(c) Pilot Program To Make Periodic Payments as College Expenses
Incurred.--Section 25A(i) of such Code is amended by adding at the end
the following:
``(8) Pilot program to make periodic payments as college
expenses incurred.--
``(A) In general.--The Secretary of the Treasury
and the Secretary of Education shall jointly establish
a program designed to make payments periodically to or
on behalf of an eligible student as the student incurs
qualified expenses during the taxable year. The total
amount that may be so paid to or on behalf of an
eligible student through this program shall not exceed
the credit which would (but for subparagraph (B)) be
allowable under this section if subsection (d) were
applied by using the taxpayer's modified adjusted gross
income for the preceding taxable year.
``(B) Credit reduced by pilot program payments.--
The credit allowable under this section (without regard
to this subparagraph) for any taxable year shall be
reduced (but not below zero) by the payments made with
respect to a student under subparagraph (A) for
expenses which would otherwise be taken into account in
determining the credit under this section for such
year.
``(C) Program participation.--Participation in the
program established under this paragraph shall be
voluntary with respect to both students and educational
institutions; except that, institutions which are
taxable under this chapter (other than by reason of
section 511) may not participate in such program.
``(D) Program period.--The program established
under this paragraph shall apply to expenses for
academic periods beginning during the 5-year period
which begins on the date which is 1 year after the date
of the enactment of this paragraph.
``(E) Payments not treated as resources for
financial aid.--Payments made under this paragraph
shall not be treated as resources for purposes of
determining the amount of any financial aid which is
funded in whole or part with Federal funds. Payments
under the program shall not be made in a manner that
would reduce the State, private, or institutional aid
available to an eligible student.
``(F) Notice of program.--Educational institutions
participating in the program established under this
paragraph shall provide appropriate notices to parents
and students of the option of payments under such
program. Such notices shall not be considered tax
advice for purposes of any Federal law or regulation.
``(G) Reporting.--The Secretary of the Treasury and
the Secretary of Education shall jointly submit annual
reports to Congress on the program established under
this subsection, together with any recommendations with
respect to such program.''.
(d) Conforming Amendment.--Section 6211(b)(4)(A) of such Code is
amended by inserting ``or (j)(6)'' after ``subsection (i)(6)''.
(e) Increased Public Awareness of American Opportunity Tax
Credit.--
(1) In general.--The Secretary of the Treasury, or the
Secretary's delegate, in consultation with the Secretary of
Education, shall establish a taxpayer awareness program to
inform the taxpaying public of the availability of the American
Opportunity Tax Credit allowed under section 25A of the
Internal Revenue Code of 1986. Such public awareness program
shall be designed to assure that individuals who may be
eligible are informed of the availability of such credit and
filing procedures.
(2) Means of communications.--
(A) In general.--The Secretary of the Treasury, or
the Secretary's delegate, in consultation with the
Secretary of Education, shall use appropriate means of
communication to carry out the provisions of this
section. The taxpayer awareness program shall include,
but not be limited to, prominent display of information
about the availability of the American Opportunity Tax
Credit on information return forms specified by such
Secretary for use by educational institutions to report
qualified tuition and related expenses incurred.
(B) Additional steps.--In addition, the Secretary
of the Treasury, or the Secretary's delegate, in
consultation with the Secretary of Education, should--
(i) make students aware of the American
Opportunity Tax Credit through the data
retrieval tool and the student aid report of
the Department of Education;
(ii) include information on the financial
aid shopping sheet;
(iii) include the American Opportunity Tax
Credit in the volunteer income tax assistance
program; and
(iv) bring awareness of the American
Opportunity Tax Credit in the Federal TRIO
Programs (commonly known as ``TRIO'') under
chapter 1 of subpart 2 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070a-11 et seq.) and in the Gaining Early
Awareness and Readiness for Undergraduate
Programs (commonly known as ``GEAR UP'') under
chapter 2 of subpart 2 of part A of title IV of
such Act (20 U.S.C. 1070a-21 et seq.).
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Save for Success Act This bill amends the Internal Revenue Code, with respect to the American Opportunity Tax Credit for qualified tuition and related expenses, to: (1) permit up to $250 of the credit per year to be used for college savings contributions that are taken into account before tuition and fees, (2) direct the Departments of the Treasury and Education to jointly establish a pilot program to make periodic payments of the credit as educational expenses for a student are incurred during the taxable year, and (3) direct Treasury to establish a taxpayer awareness program to inform the public of the availability of the credit. | billsum_train |
Change the following text into a summary: SECTION 1. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
for the Deployment of Hydrogen and Fuel Cells'' (in this Act referred
to as the ``Commission'').
SEC. 2. DUTIES OF COMMISSION.
The Commission shall develop a strategic plan that identifies the
best methods available to marshal the resources of the Federal
Government, State governments, local governments, the private sector,
and academia to achieve the mass commercialization of hydrogen as an
energy source for stationary fuel cells and vehicle fuel cells at the
soonest possible date. Such plan shall take into account actions
previously taken by the Federal Government, State governments, local
governments, the private sector, and academia. The Commission shall
also examine ways to ensure that the United States can use all
available feedstocks for hydrogen production, and shall make
recommendations for an appropriate entity to monitor ongoing progress
in implementing the strategic plan.
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members appointed as follows:
(1) 2 members appointed by the Speaker of the House of
Representatives.
(2) 2 members appointed by the minority leader of the House
of Representatives.
(3) 2 members appointed by the majority leader of the
Senate.
(4) 2 members appointed by the minority leader of the
Senate.
(b) Qualifications.--Individuals appointed under subsection (a)
shall have at least 5 years of professional-level experience in
science, technology, engineering, or public policy. The appointing
officials shall coordinate their appointments so as to ensure that the
Commission has a diverse range of such experience. Individuals
appointed under subsection (a) may include any former Federal
employees.
(c) Appointment Date.--Appointments under subsection (a) shall be
made not later than 2 months after the date of enactment of this Act.
(d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Basic Pay.--
(1) Rates of pay.--Members shall each be paid at a rate not
to exceed the daily rate of basic pay for level V of the
Executive Schedule for each day (including travel time) during
which they are engaged in the actual performance of duties
vested in the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(g) Quorum.--Five members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(h) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members. The Vice
Chairperson shall be a member of the Commission appointed by an
appointing official of a different political party than the official
who appointed the Chairperson to the Commission.
SEC. 4. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--Subject to rules prescribed by the Commission, the
Commission may appoint and fix the pay of personnel as it considers
appropriate, including any former Federal employee.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson or Vice Chairperson of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
SEC. 6. REPORT.
The Commission shall transmit a report to the Congress not later
than 8 months after the date of enactment of this Act. The report shall
contain a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for legislation,
administrative actions, and such other actions as the Commission
considers appropriate. | Establishes the Commission for the Deployment of Hydrogen and Fuel Cells to: (1) develop a strategic plan that identifies the best methods available to marshal the resources of the federal, state, local governments, the private sector, and academia to achieve mass commercialization of hydrogen as an energy source for stationary and vehicle fuel cells; (2) examine ways to ensure that the United States can use all available feedstocks for hydrogen production; and (3) make recommendations for an appropriate entity to monitor ongoing progress in implementing the strategic plan. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Master Limited Partnerships Parity
Act''.
SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO
ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS,
AND RELATED ENERGY ACTIVITIES.
(a) In General.--Subparagraph (E) of section 7704(d)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``income and gains derived from the
exploration'' and inserting ``income and gains derived from the
following:
``(i) Minerals, natural resources, etc.--
The exploration'',
(2) by inserting ``or'' before ``industrial source'',
(3) by inserting a period after ``carbon dioxide'', and
(4) by striking ``, or the transportation or storage'' and
all that follows and inserting the following:
``(ii) Renewable energy.--The generation of
electric power exclusively utilizing any
resource described in section 45(c)(1) or
energy property described in section 48
(determined without regard to any termination
date), or in the case of a facility described
in paragraph (3) or (7) of section 45(d)
(determined without regard to any placed in
service date or date by which construction of
the facility is required to begin), the
accepting or processing of such resource.
``(iii) Electricity storage devices.--The
receipt and sale of electric power that has
been stored in a device directly connected to
the grid.
``(iv) Combined heat and power.--The
generation, storage, or distribution of thermal
energy exclusively utilizing property described
in section 48(c)(3) (determined without regard
to subparagraphs (B) and (D) thereof and
without regard to any placed in service date).
``(v) Renewable thermal energy.--The
generation, storage, or distribution of thermal
energy exclusively using any resource described
in section 45(c)(1) or energy property
described in clause (i) or (iii) of section
48(a)(3)(A).
``(vi) Waste heat to power.--The use of
recoverable waste energy, as defined in section
371(5) of the Energy Policy and Conservation
Act (42 U.S.C. 6341(5)) (as in effect on the
date of the enactment of the Master Limited
Partnerships Parity Act).
``(vii) Renewable fuel infrastructure.--The
storage or transportation of any fuel described
in subsection (b), (c), (d), or (e) of section
6426.
``(viii) Renewable fuels.--The production,
storage, or transportation of any renewable
fuel described in section 211(o)(1)(J) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in
effect on the date of the enactment of the
Master Limited Partnerships Parity Act) or
section 40A(d)(1).
``(ix) Renewable chemicals.--The
production, storage, or transportation of any
renewable chemical (as defined in paragraph
(6)).
``(x) Energy efficient buildings.--The
audit and installation through contract or
other agreement of any energy efficient
building property described in section
179D(c)(1).
``(xi) Gasification with sequestration.--
The production of any product from a project
that meets the requirements of subparagraphs
(A) and (B) of section 48B(c)(1) and that
separates and sequesters in secure geological
storage (as determined under section 45Q(d)(2))
at least 75 percent of such project's total
qualified carbon dioxide (as defined in section
45Q(b)).
``(xii) Carbon capture and sequestration.--
The generation or storage of electric power
produced from any facility which is a qualified
facility described in section 45Q(c) and which
disposes of any captured qualified carbon
dioxide (as defined in section 45Q(b)) in
secure geological storage (as determined under
section 45Q(d)(2)).''.
(b) Renewable Chemical.--Section 7704(d) of such Code is amended by
adding at the end the following new paragraph:
``(6) Renewable chemical.--The term `renewable chemical'
means a monomer, polymer, plastic, formulated product, or
chemical substance produced from renewable biomass (as defined
in section 9001(12) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8101(12)), as in effect on the date of
the enactment of the Master Limited Partnerships Parity
Act).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, in taxable years
ending after such date. | Master Limited Partnerships Parity Act - Amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships to include income and gains from renewable and alternative fuels (in addition to fossil fuels), including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Gas Strategy Act''.
SEC. 2. PURPOSE AND GOALS.
It is the purpose of this Act to facilitate the achievement of the
following Congressional goals:
(1) Conducting a study relating to natural gas
infrastructure, including natural gas pipelines and natural gas
storage infrastructure, and liquefied natural gas
infrastructure in the United States, which shall include an
examination of roles, authorities, and methods of assessing
risks and benefits employed by United States Government
agencies that regulate natural gas infrastructure sitings,
taking into account considerations that are beyond the
regulatory scope of the current siting agencies and an
examination of the extent that reviews of proposed natural gas
infrastructure projects by United States Government agencies
are conducted in a complementary and effectively coordinated
manner.
(2) Identifying factors that are in the public interest
that natural gas infrastructure developers may not take into
account in proposing specific projects, and that may not be
adequately assessed by United States Government agencies
reviewing natural gas infrastructure development proposals due
to a lack of technical expertise or oversight authority,
including--
(A) regional environmental impacts;
(B) relationship of proposed natural gas
infrastructure developments to United States policies
to address climate change;
(C) relationship of proposed natural gas
infrastructure developments with other national
infrastructure development priorities, especially in
the electric power sector; and
(D) relationship of proposed natural gas
infrastructure developments with national safety and
security priorities.
(3) Examining--
(A) Federal, State, and local expenditures for
water-side and land-based security for natural gas
infrastructure protection, including the extent of such
expenditures relative to the protection of other
critical infrastructure (such as chemical facilities
and chemical tankers); and
(B) the ability of existing and traditional
security missions of agencies involved, including the
United States Coast Guard and State and local law
enforcement agencies, to ensure adequate security and
safety of liquefied natural gas operations.
(4) Understanding--
(A) the linkages among natural gas supplies, carbon
dioxide emissions, electricity supply, and electricity
reliability, including the extent that United States
carbon dioxide policies will influence the existing and
anticipated demand for natural gas; and
(B) the national and regional requirements for
natural gas supply infrastructure in light of other
Federal policies related to carbon dioxide control,
electricity reliability, and development of domestic
natural gas resources.
(5) Identifying criteria for the selection of appropriate
natural gas infrastructure facility locations that will meet
national energy policy goals, ensure adequate natural gas
supplies, can be adequately secured given existing constraints
on water-side and land-based security measures, and are
environmentally sound.
SEC. 3. COMMISSION.
(a) Establishment.--There is established the Commission on
Comprehensive Strategies for the Placement of Natural Gas
Infrastructure (in this Act referred to as the ``Commission'').
(b) Purpose.--The Commission shall conduct a comprehensive review
of United States natural gas policy for the following purposes:
(1) Review.--Reviewing relevant analyses of the current and
long-term natural gas policy and conditions in the United
States.
(2) Identifying problems.--Identifying problems that may
threaten the security of natural gas infrastructure, assessing
regional versus national economic impacts of natural gas
infrastructure placement, and ensuring the protection of the
environment.
(3) Analyzing potential solutions.--Analyzing potential
solutions to problems that threaten the security of natural gas
infrastructure, regional economic security, and protection of
the environment.
(4) Providing recommendations.--Providing recommendations
that will ensure that the United States natural gas policy
goals, including the goals described in section 2, are met.
(c) Report and Recommendations.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Commission shall transmit to
Congress a report on the progress of United States natural gas
policy toward meeting its long-term goals of natural gas
infrastructure, including a detailed statement of the findings,
conclusions, and recommendations of the Commission.
(2) Legislative language.--If a recommendation submitted
under paragraph (1) involves legislative action, the report
shall include proposed legislative language to carry out such
action.
(d) Membership.--The Commission shall be composed of 20 members of
whom--
(1) 2 shall be appointed by the Secretary of
Transportation, 1 of whom shall be a representative of the
Maritime Administration;
(2) 2 shall be appointed by the Secretary of Homeland
Security, 1 of whom shall be a representative of the United
States Coast Guard;
(3) 2 shall be appointed by the Secretary of Energy, 1 of
whom shall be a representative of the Federal Energy Regulatory
Commission;
(4) 2 shall be appointed by the Secretary of Commerce, 1 of
whom shall be a representative of the National Oceanic and
Atmospheric Administration;
(5) 6 shall be appointed by the Speaker of the House of
Representatives--
(A) 3 of whom shall be appointed in consultation
with the majority leader; and
(B) 3 of whom shall be appointed in consultation
with the minority leader; and
(6) 6 members shall be appointed by the President Pro
Tempore of the Senate--
(A) 3 of whom shall be appointed in consultation
with the majority leader of the Senate; and
(B) 3 of whom shall be appointed in consultation
with the minority leader of the Senate.
(e) Chairperson.--The members of the Commission shall designate a
Chairperson from among its members.
(f) Date.--Members of the Commission shall be appointed by not
later than 30 days after the date of enactment of this Act.
(g) Period of Appointment.--Members shall be appointed for the life
of the Commission. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(h) Staff.--
(1) Director.--The Commission shall have a staff headed by
an Executive Director.
(2) Staff appointment.--The Executive Director may appoint
such personnel as the Executive Director and the Commission
determine to be appropriate.
(3) Experts and consultants.--With the approval of the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(4) Federal agencies.--
(A) Detail of government employees.--Upon the
request of the Commission, the head of any Federal
agency may detail, without reimbursement, any of the
personnel of such agency to the Commission to assist in
carrying out the duties of the Commission. Any such
detail shall not interrupt or otherwise affect the
civil service status or privileges of the Federal
employee.
(B) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency shall provide
such technical assistance to the Commission as the
Commission determines to be necessary to carry out its
duties.
(5) Resources.--The Commission shall have reasonable access
to materials, resources, statistical data, and other
information the Commission determines to be necessary to carry
out its duties from all relevant Federal agencies. The
Chairperson shall make requests for such access in writing when
necessary. | Natural Gas Strategy - Establishes the Commission on Comprehensive Strategies for the Placement of Natural Gas Infrastructure to conduct a comprehensive review of U.S. natural gas policy to identify problems and make recommendations that will ensure that specified goals of such policy are met. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Antiterrorism Tools for
Law Enforcement Act of 1996''.
SEC. 2. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN
COUNTERINTELLIGENCE AND COUNTERTERRORISM INVESTIGATIONS.
(a) In General.--Chapter 206, title 18, United States Code, is
amended--
(1) by redesignating section 3127 as section 3128; and
(2) by inserting after section 3126 the following:
``Sec. 3127. Pen register or a trap and trace device in foreign
counterintelligence and counter- terrorism investigations
``(a) Notwithstanding any other law, this chapter shall be
applicable to foreign counterintelligence and international terrorism
investigations conducted by the Federal Bureau of Investigation.
``(b) An application under this section for an order or an
extension of an order under section 3123 of this title shall include--
``(1) the identity of the attorney for the Government and
the fact that the investigation is being conducted by the
Federal Bureau of Investigation; and
``(2) a certification by the applicant that the information
likely to be obtained is relevant to an ongoing foreign
counterintelligence or international terrorism investigation
being conducted by the Federal Bureau of Investigation.
``(c) All applications and orders under this section shall be
maintained by the Federal Bureau of Investigation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 206 is amended--
(1) in the item relating to section 3127 by striking
``3127'' and inserting ``3128''; and
(2) by adding after the item relating to section 3126 the
following:
``3127. Pen register or a trap and trace device in foreign
counterintelligence and counterterrorism
investigations.''.
SEC. 3. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION
FACILITIES, PHYSICAL STORAGE FACILITIES AND VEHICLE
RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND
COUNTERTERRORISM CASES.
Title 18, United States Code, is amended by inserting after chapter
121 the following:
``CHAPTER 122--ACCESS TO CERTAIN RECORDS
``Sec. 2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities and vehicle
rental facilities in counterintelligence and
counterterrorism cases
``(a) Any common carrier, public accommodation facility, physical
storage facility or vehicle rental facility shall comply with a request
for records in its possession made pursuant to this section by the
Federal Bureau of Investigation when the Director or designee (whose
rank shall be no lower than Assistant Special Agent in Charge)
certifies in writing to the common carrier, public accommodation
facility, physical storage facility or vehicle rental facility that
such records are sought for foreign counterintelligence purposes and
that there are specific and articulable facts giving reason to believe
that the person to whom the records sought pertain, is a foreign power
or an agent of a foreign power as defined in section 101 of the Foreign
Intelligence Surveillance Act (50 U.S.C. 1801).
``(b) No common carrier, public accommodation facility, physical
storage facility or vehicle rental facility or any officer, employee or
agent of such common carrier, public accommodation facility, physical
storage facility or vehicle rental facility shall disclose to any
person, other than those officers, agents or employees of the common
carrier, public accommodation facility, physical storage facility or
vehicle rental facility necessary to fulfill the requirement to
disclose the information to the Federal Bureau of Investigation under
this section, that the Federal Bureau of Investigation has sought or
obtained the records requested.
``(c) As used in this chapter--
``(1) the term `common carrier' means a locomotive, a rail
carrier, a bus carrying passengers, a water common carrier, an
air common carrier, or a private commercial interstate carrier
for the delivery of packages and other objects;
``(2) the term `public accommodation facility' means any
inn, hotel, motel or other establishment which provides lodging
to transient guests;
``(3) the term `physical storage facility' means any
business or entity which provides space for the storage of
goods or materials, or services related to the storage of goods
or materials to the public or any segment thereof; and
``(4) the term `vehicle rental facility' means any person
or entity which provides vehicles for rent, lease, loan or
other similar use, to the public or any segment thereof.''.
SEC. 4. INTEGRITY OF WIRE INTERCEPTION PROCESS.
Section 2515 of title 18, United States Code, is amended by adding
at the end the following: ``This section shall not apply to the
disclosure by the United States in a criminal trial or hearing or
before a grand jury of the contents of a wire or oral communication, or
evidence derived therefrom, unless the violation of this chapter
was with respect to an interception under section 2518(7) or involved
bad faith by law enforcement.''.
SEC. 5. AUTHORITY FOR WIRETAPS.
Section 2516(1) of title 18, United States Code, is amended--
(1) by inserting ``section 842 (relating to explosives
violations)'' after ``section 224 (bribery in sporting
contests)'';
(2) by striking ``and'' at the end of paragraph (n);
(3) by striking the period at the end of paragraph (o) and
inserting ``; and''; and
(4) by adding at the end the following:
``(p) any other felony under the laws of the United States
if the Attorney General, the Deputy Attorney General, or the
Assistant Attorney General for the Criminal Division (or an
official acting in any such capacity) certifies to the court
under seal that there is reason to believe the felony involves
or may involve domestic terrorism or international terrorism
(as those terms are defined in 18 U.S.C. 2331).''.
SEC. 6. TEMPORARY EMERGENCY WIRETAP AUTHORITY INVOLVING TERRORISTIC
CRIMES.
(a) Emergency Authority.--Section 2518(7)(a)(iii) of title 18,
United States Code, is amended by inserting ``or domestic terrorism or
international terrorism (as those terms are defined in section 2331 of
this title)'' after ``organized crime''.
(b) Definition of Domestic Terrorism.--Section 2331 of title 18,
United States Code, is amended by inserting the following after
paragraph (4):
``(5) the term `domestic terrorism' means any activities
that involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or of
any State and which appear to be intended to intimidate or
coerce a civilian population or to influence the policy of a
government by intimidation or coercion; or to affect the
conduct of a government by assassination or kidnapping.''
SEC. 7. EXPANDED AUTHORITY FOR MULTI-POINT WIRETAPS.
Section 2518(11) of title 18, United States Code, is amended to
read as follows:
``(11) The requirements of subsections (1)(b)(ii) and (3)(d) of
this section relating to the specification of facilities from which or
the place where the communication is to be intercepted do not apply if
in the case of an application with respect to the interception of wire,
oral or electronic communications--
``(a) the application is by a Federal investigative or law
enforcement officer, and is approved by the Attorney General,
the Deputy Attorney General, the Associate Attorney General, or
an Assistant Attorney General (or an official acting in any
such capacity);
``(b) the application contains a full and complete
statement as to why such specification is not practical and
identifies the person committing the offense and whose
communications are to be intercepted; and
``(c) the judge finds that such specification is not
practical.''.
SEC. 8. PERMISSION TO REQUEST MILITARY ASSISTANCE AND NEW OFFENSE WITH
RESPECT TO OFFENSES INVOLVING CHEMICAL AND BIOLOGICAL
WEAPONS.
(a) Biological Weapons.--Section 175 of title 18, United States
Code, is amended by adding at the end the following:
``(c)(1) Military Assistance.--Notwithstanding any other provision
of law, the Attorney General may request that the Secretary of Defense
provide technical assistance in support of Department of Justice
activities relating to the enforcement of this section in situations
involving biological weapon emergencies. Department of Defense
resources, including civilian personnel and members of the uniformed
services, may be used to provide such technical assistance if--
``(A) the Secretary of Defense and the Attorney General
determine that an emergency situation involving biological
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this subsection, `emergency situation' means a
circumstance--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) enforcement of the law would be seriously
impaired if the assistance were not provided;
``(ii) military technical assistance and expertise
is needed to counter the threat posed by the biological
agent involved; and
``(iii) civilian law enforcement expertise is not
available to provide the required technical assistance.
``(3) As used in this subsection, `technical assistance' means the
provision of equipment and technical expertise to law enforcement
officials in the investigation of violations of this section, such as
technical assistance in conducting searches that seek evidence or
instrumentalities of violations of this section, technical assistance
in taking and collecting evidence related to violations of this
section, and technical assistance in disarming and disabling
individuals in possession of contraband under this section. It does not
include authority to apprehend or arrest.
``(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
``(5) The Attorney General may delegate the Attorney General's
function under this subsection only to a Deputy, Associate, or
Assistant Attorney General.''.
(b) Use of Chemical Weapons.--Title 18, United States Code, is
amended by inserting after section 2332d the following:
``Sec. 2332e. Use of chemical weapons
``(a) Offense.--A person who without lawful authority uses, or
attempts or conspires to use, a chemical weapon--
``(1) against a national of the United States while such
national is outside of the United States;
``(2) against any person within the United States; or
``(3) against any property that is owned, leased or used by
the United States or by any department or agency of the United
States, whether the property is within or outside of the United
States,
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of years
or for life.
``(b) Definition.--For purposes of this section--
``(1) the term `national of the United States' has the
meaning given in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(2) the term `chemical weapon' means any weapon that is
designed to cause death or serious bodily injury through the
release, dissemination, or impact of toxic or poisonous
chemicals or their precursors.
``(c)(1) Military Assistance.--Notwithstanding any other provision
of law, the Attorney General may request that the Secretary of Defense
provide technical assistance in support of Department of Justice
activities relating to the enforcement of this section in situations
involving chemical weapon emergencies. Department of Defense resources,
including civilian personnel and members of the uniformed services, may
be used to provide such technical assistance if--
``(A) the Secretary of Defense and the Attorney General
determine that an emergency situation involving chemical
weapons of mass destruction exists; and
``(B) the Secretary of Defense determines that the
provision of such assistance will not adversely affect the
military preparedness of the United States.
``(2) As used in this section, `emergency situation' means a
circumstance--
``(A) that poses a serious threat to the interests of the
United States; and
``(B) in which--
``(i) enforcement of the law would be seriously
impaired if the assistance were not provided;
``(ii) military technical assistance and expertise
is needed to counter the threat posed by the chemical
agent involved; and
``(iii) civilian law enforcement expertise is not
available to provide the required technical assistance.
``(3) As used in this section, `technical assistance' means the
provision of equipment and technical expertise to law enforcement
officials in the investigation of violations of this section, such as
technical assistance in conducting searches that seek evidence or
instrumentalities of violations of this section, technical assistance
in taking and collecting evidence related to violations of this
section, and technical assistance in disarming and disabling
individuals in possession of contraband under this section. It does not
include authority to apprehend or arrest.
``(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
``(5) The Attorney General may delegate the Attorney General's
function under this subsection only to a Deputy, Associate, or
Assistant Attorney General.''.
(c) Clerical Amendment.--The table of chapters at the beginning of
chapter 113B of title 18, United States Code, is amended by adding
after the item relating to section 2332d the following:
``Sec. 2332e. Use of chemical weapons.''.
(d) Clarification of Lawful Authority Defense.--Section 2332a(a) of
title 18, United States Code, is amended by striking ``A person who''
and inserting ``Whoever, without lawful authority,''. | Effective Antiterrorism Tools for Law Enforcement Act of 1996 - Amends the Federal criminal code to apply provisions regarding pen registers and trap and trace devices to foreign counterintelligence and international terrorism investigations conducted by the Federal Bureau of Investigation (FBI).
Requires any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to comply with a request for records in its possession by the FBI under specified circumstances.
Provides that provisions prohibiting the use as evidence of intercepted wire or oral communications in violation of the Federal criminal code shall not apply to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, unless the violation involved an interception under provisions covering specified emergency situations or bad faith by law enforcement.
Grants: (1) wiretap authority in cases of terrorism-related or explosives felonies; and (2) temporary emergency wiretap authority involving terrorism crimes.
Expands authority for multi-point wiretaps.
Authorizes the Attorney General to request, and the Secretary of Defense to provide (if specified conditions are met), technical assistance in support of Department of Justice activities in situations involving biological or chemical weapon emergencies. Sets penalties for the use without lawful authority of, or attempts or conspiracy to use, chemical weapons.
Modifies Federal prohibitions against the use of weapons of mass destruction to prohibit and penalize only such use without lawful authority. | billsum_train |
Change the following text into a summary: SECTION 1. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES.
Part A of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7111 et seq.) is amended--
(1) in section 4004--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) in paragraph (3) as redesignated, by striking
``subpart 2'' and inserting ``subpart 3''; and
(D) by inserting after paragraph (1) the following:
``(2) $25,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 4 succeeding fiscal years to carry
out subpart 2;''.
(2) by redesignating subparts 2 and 3 as 3 and 4,
respectively;
(3) by redesignating sections 4131 through 4134 as sections
4141 through 4144, respectively;
(4) by redesignating section 4121 as section 4131 and
section 4123 as section 4132, respectively; and
(5) by inserting after subpart 1 the following:
``Subpart 2--Effective Prevention Program Implementation
``SEC. 4121. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS.
``(a) Program Authorized.--The Secretary is authorized to provide
grants to States that meet the requirements of this subpart to
implement prevention programs that meet a high scientific standard of
program effectiveness.
``(b) Contents of State Plan.--To be eligible to receive a grant
under this subpart, a State educational agency shall submit an
application that includes a State plan that describes--
``(1) the process and selection criteria by which the State
educational agency will make competitive grants to eligible
local educational agencies;
``(2) how the State educational agency will ensure that
only high quality, well-defined, and well-documented
comprehensive prevention programs are funded;
``(3) how the State educational agency will disseminate
materials developed or collected by the Secretary about
research-based, proven-effective comprehensive prevention
models and will provide technical assistance to assist local
educational agencies in evaluating, selecting, developing, and
implementing comprehensive prevention programs;
``(4) how the State educational agency will evaluate the
implementation of comprehensive prevention programs and measure
the results achieved in preventing violence, criminal and
delinquent behavior, substance abuse, and other problem
behaviors and improving student academic performance;
``(5) how the State educational agency will ensure that
local programs meet the requirements of section 4124(b);
``(6) provide assurances that funds provided under this
subpart shall supplement, not supplant, other Federal, State,
and local funds that would otherwise be available for the
purposes described under this subpart; and
``(7) such other criteria as the Secretary may reasonably
require.
``SEC. 4122. RESERVATIONS AND ALLOCATIONS.
``(a) Reservations.--From the funds made available in section
4004(2) to carry out this subpart for each fiscal year, the Secretary
shall--
``(1) reserve funds in accordance with paragraphs (1), (2),
and (4) of section 4011(a); and
``(2) except as provided in subsection (b), allocate the
remainder of funds among the States in accordance with section
4011(b)(1).
``(b) Reallocation of Funds to States.--In a case in which a State
educational agency does not develop a plan that meets the requirements
of section 4121(b), the Secretary shall not make an allocation to the
State under subsection (a)(2) and shall allocate such funds in
accordance with section 4011(b)(1) to other States that have developed
such plans. Funds allocated to a State under this subsection may be
used only to implement programs under this subpart.
``SEC. 4123. DISTRIBUTION OF FUNDS.
``(a) Funds to Local Educational Agencies.--
``(1) In general.--From the amounts made available under
section 4004(2), each State educational agency that receives an
award under this subpart shall use such funds to provide
competitive grants to local educational agencies.
``(2) Awards.--In awarding competitive grants under this
subpart, a State educational agency shall--
``(A) give the highest priority to local
educational agencies with demonstrated need in
accordance with the criteria described in section
4113(d)(2)(C)(ii);
``(B) make grant awards that are of sufficient size
and scope to support the initial startup costs for a
comprehensive prevention plan that meets the
requirements of this subpart; and
``(C) take into account the equitable distribution
of awards to different geographic regions within the
State, including urban and rural areas, and to schools
serving elementary and secondary students.
``(b) Reservation.--A State educational agency may use not more
than 5 percent of the funds made available to it under this section for
administrative, evaluation, and technical assistance expenses,
including expenses necessary to inform local educational agencies about
research-based, proven-effective comprehensive prevention approaches.
``SEC. 4124. LOCAL AWARDS.
``(a) In General.--To be eligible to receive a subgrant under this
subpart for any fiscal year, a local educational agency shall submit,
at such time as the State educational agency requires, an application
to the State educational agency for approval.
``(b) Plan.--Each local educational agency shall submit a plan to
the State educational agency to demonstrate how it will meet the
requirements of subsection (c).
``(c) Use of Funds.--A grant awarded to a local educational agency
under this subpart shall be used only for the purpose of identifying
and implementing comprehensive prevention programs that--
``(1) employ strategies or approaches that are based on
reliable research and that show effectiveness in preventing
violence, criminal and delinquent behavior, substance abuse,
and other problem behaviors and improving student academic
performance;
``(2) comprehensively address the mental, emotional,
social, and physical health of children and adolescents;
``(3) employ developmentally appropriate activities and
interventions;
``(4) assist children and adolescents in improving
cognitive, affective, and behavioral skills;
``(5) use methods that ensure the active engagement of the
children and adolescents who participate and that facilitate
better communication between children and adults about problem
situations;
``(6) provide for the meaningful involvement of parents,
educators, health and mental health professionals, and the
local community in planning and implementation;
``(7) provide high-quality and continuous staff
professional development and training;
``(8) have measurable outcome goals and a clear evaluation
plan, including annual reports to the State and the Secretary;
``(9) use high-quality external technical support and
assistance from individuals or entities with experience and
expertise in developing, implementing, and evaluating
comprehensive prevention approaches; and
``(10) identify how other resources (Federal, State, local,
and private) available to the State will be used to coordinate
services to support and sustain the comprehensive prevention
effort.''. | Amends the Safe and Drug-Free Schools and Communities Act of 1994 (which is part A of title IV of the Elementary and Secondary Education Act of 1965) to establish provisions for Effective Prevention Program Implementation through a program of technical assistance grants for comprehensive prevention of violence, criminal and delinquent behavior, substance abuse, and other problem behaviors.Authorizes the Secretary of Education to provide such grants to States that meet specified requirements to implement prevention programs that meet a high scientific standard of program effectiveness. Requires: (1) State distribution of program funds through competitive grants to local educational agencies (LEAs); and (2) LEA use of funds for comprehensive prevention programs. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Highways and Infrastructure
Preservation Act of 1994''.
SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.
(a) Prohibition on Operation of Certain Cargo-Carrying Units.--
Section 411 of the Surface Transportation Assistance Act of 1982 (49
U.S.C. App. 2311) is amended--
(1) by striking the section heading and all that follows
through ``(a) Except'' and inserting the following:
``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.
``(a) State Requirements.--
``(1) In general.--Except'';
(2) by moving paragraph (1) of subsection (a), as
designated by paragraph (1) of this subsection, 2 ems to the
right; and
(3) by adding at the end of subsection (a) the following:
``(2) Prohibition on operation of certain cargo-carrying
units.--
``(A) General rule.--No State shall register for
operation on any segment of the Interstate System and
those classes of qualifying National Highway System
highways as designated by the Secretary any trailer,
semi-trailer, container, or other cargo-carrying unit
that is longer than 53 feet, except as provided by
subparagraph (B).
``(B) Exceptions.--The following shall not be
subject to the requirement of subparagraph (A):
``(i) Any trailer, semi-trailer, container,
or other cargo carrying unit that is
manufactured before the expiration of the 1-
year period beginning on the date of the
enactment of this paragraph.
``(ii) Any trailer, semi-trailer,
container, or other cargo-carrying unit that is
used exclusively for fire-fighting.
``(C) Limitation on statutory construction.--Nothing in
this paragraph shall be construed to affect the laws of any
State applicable to any trailer, semi-trailer, container, or
other cargo-carrying unit that is less than 53 feet in
length.''.
(b) Repeal.--The 3d sentence of section 411(b) of such Act is
repealed.
(c) Conforming Amendments.--Section 411 of such Act is amended--
(1) by striking ``subsection (a) of this section'' each
place it appears and inserting ``subsection (a)(1) of this
section''; and
(2) in subsection (d) by striking ``subsections (a)'' and
inserting ``subsections (a)(1)''.
(d) Enforcement.--The 2d sentence of section 141(b) of title 23,
United States Code, is amended--
(1) by striking ``section 411(j)'' and inserting
``subsections (a)(2) and (j) of section 411''; and
(2) by striking ``2311(j)'' and inserting ``2311''.
SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.
(a) In General.--Section 127 of title 23, United States Code, is
amended by adding at the end the following:
``(f) Grandfather Rights.--
``(1) General rule.--No State shall allow the operation of
any vehicle or combination (other than longer combination
vehicles) not in conformance with the Interstate weight limits,
unless such operation is on the list published pursuant to
paragraph (2).
``(2) List of vehicles or combinations.--
``(A) Proceeding.--Not later than 60 days after the
date of the enactment of this subsection, the Secretary
shall initiate a proceeding to determine and publish a
list of vehicles or combinations (other than longer
combination vehicles), otherwise not in conformance
with the Interstate weight limits, that the Department
of Transportation or any other Federal agency or a
State has determined before January 1, 1994, could be
lawfully operated within such State on July 1, 1956
(except in the case of the overall gross weight of any
group of 2 or more consecutive axles, on the date of
the enactment of the Federal-Aid Highway Amendments of
1974).
``(B) Limitation.--No operation of any vehicle or
combination (other than a longer combination vehicle)
shall be included on the list published pursuant to
subparagraph (A) on the basis that a State law or
regulation could have authorized such operation at some
prior date by permit or otherwise.
``(C) Publication of final list.--Not later than
270 days after the date of the enactment of this
subsection, the Secretary shall publish a final list of
vehicles or combinations described in subparagraph (A).
``(3) Limitation on statutory construction.--Nothing in
this subsection shall be construed to prevent a State from
reducing the State's gross vehicle weight limitation or the
State's single or tandem axle weight limitations on the
Interstate System for operations on the list published pursuant
to paragraph (2) but in no event shall any such reduction fall
below weight limits referred to in subsection (a).
``(4) Applicability of existing requirements.--All vehicles
or combinations included on the list published pursuant to
paragraph (2) shall be subject to all routing-specific,
commodity-specific, and weight-specific designations in force
in a State before January 1, 1994.''.
(b) Conforming Amendment.--The 4th sentence of section 127(a) of
such title is amended by striking ``the State determines''.
SEC. 4. NONDIVISIBLE LOAD PROCEEDING.
Section 127 of title 23, United States Code, is further amended by
adding at the end the following:
``(g) Nondivisible Loads.--
``(1) Proceeding.--Not later than 60 days after the date of
the enactment of this subsection, the Secretary shall initiate
a proceeding to determine the meaning of the term `vehicles and
loads which cannot be easily dismantled or divided' as used in
subsection (a), including a commodity-specific definition of
such term.
``(2) Regulations.--Not later than 270 days after the date
of the enactment of this subsection, the Secretary shall issue
final regulations setting forth the determination of the
Secretary made pursuant to subparagraph (A). Such regulations
shall apply to all loads operating on the National Highway
System. A State may establish other requirements not
inconsistent with such regulations.
``(h) Statement of Policy.--The policy of this title is to promote
conformity with the Interstate weight limits for the benefit and safety
of all motorists.
``(i) Interstate Weight Limits Defined.--For purposes of
subsections (f), (g), and (h), the term `Interstate weight limits'
means the 80,000 pound gross vehicle weight limitation, the 20,000
pound single axle weight limitation (including enforcement tolerances),
the 34,000 pound tandem axle weight limitation (including enforcement
tolerances), and the overall maximum gross weight (including
enforcement tolerances) on a group of 2 or more consecutive axles
produced by application of the Bridge Formula B in subsection (a).''.
SEC. 5. WEIGHT LIMITATIONS.
(a) In General.--Title 23, United States Code, is amended by
inserting after section 127 the following:
``Sec. 127a. Gross vehicle weight and axle loading limitations on non-
Interstate highways on the national highway system
``(a) Non-Interstate Highways on NHS.--The gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highway on the National Highway
System in existence on the date of the enactment of this section, shall
be the gross vehicle weight and axle loading limitations (including
enforcement tolerances) set by State statute as of January 1, 1994, on
the non-Interstate highway on the National Highway System in the State
in which such non-Interstate highway is located, except as provided by
subsection (c). The gross vehicle weight limitations and axle loading
limitations applicable to all vehicles and combinations on any segment
of any non-Interstate highway on the National Highway System not in
existence on the date of the enactment of this section, shall be the
Interstate weight limits.
``(b) Proceeding to Publish List of State Limitations.--The
Secretary shall initiate a proceeding to determine and publish a list
of the States' gross vehicle weight limitations and axle loading
limitations as of January 1, 1994, applicable to non-Interstate
highways on the National Highway System. The Secretary shall publish a
final list not later than 180 days after the date of the enactment of
this section.
``(c) Proceeding to Publish List of Nonconforming Operations.--The
Secretary shall initiate a proceeding to determine and publish a list
of operations not in conformance with State gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highways on the National Highway
System in existence on the date of the enactment of this section, of
such State before January 1, 1994, and which were in actual and lawful
operation on a regular or periodic basis (including seasonal
operations) before January 1, 1994. The Secretary shall publish a final
list of such operations not later than 180 days after the date of the
enactment of this section. No operation of any vehicle or combination
shall be on the Secretary's list on the basis that a State law or
regulation could have authorized such operations at some prior date, by
permit or otherwise.
``(d) Applicability of Existing Requirements.--All vehicles or
combinations included on the Secretary's list provided for in
subsection (c) shall be subject to all routing-specific, commodity-
specific, and weight-specific designations in force in a State on
December 31, 1993.
``(e) Applicability.--The limitations established by subsection (a)
shall apply to any new designations made to the National Highway System
and remain in effect on those non-Interstate highways that cease to be
designated as part of the National Highway System.
``(f) Limitation on Statutory Construction.--Nothing in this
section shall be construed to prevent any State from reducing the
State's gross vehicle weight limitation or the State's single or tandem
axle weight limitations on any existing non-Interstate highway on the
National Highway System.
``(g) Interstate Weight Limits Defined.--For purposes of this
section, the term `Interstate weight limits' means the 80,000 pound
gross vehicle weight limitation, the 20,000 pound single axle weight
limitation (including enforcement tolerances), and the 34,000 pound
tandem axle weight limitation (including enforcement tolerances).''.
(b) Enforcement of Requirements.--Section 141(b) of such title is
amended by striking ``section 127(d)'' and inserting ``sections 127 and
127a''.
(c) Conforming Chapter Analysis Amendment.--The analysis for
chapter 1 of such title is amended by inserting after the item relating
to section 127 the following:
``127a. Gross vehicle weight and axle loading limitations on non-
Interstate highways on the national highway
system.''. | Safe Highways and Infrastructure Preservation Act of 1994 - Amends the Surface Transportation Assistance Act of 1982 to prohibit States from allowing the operation on federally assisted highways of any trailer, semi-trailer, container, or other cargo carrying unit longer than 53 feet, with specified exceptions. Declares that nothing in this Act shall be construed to affect State laws with respect to such vehicles less than 53 feet long.
(Sec. 3) Amends Federal highway law to prohibit States from allowing the operation of any vehicle or combination (other than longer combination vehicles) that are not in conformance with the Interstate weight limits, unless the Department of Transportation, another Federal agency, or the State has determined such vehicles could lawfully operate on July 1, 1956 (except in the case of the overall gross weight of any group of two or more consecutive axles on the date of the enactment of the Federal-Aid Highway Amendments of 1974.) Prohibits the operation of such vehicles on the basis that a State law could have authorized such operation at some prior date by permit or otherwise. Declares that nothing in this Act shall be construed to prevent a State from reducing its gross vehicle weight limitation or its single or tandem axle weight limitations on the Interstate System for operations under the exception; but in no event shall such reduction fall below specified weight limits for vehicles operating on such System. Subjects all vehicles or combinations operating under the exception to routing-specific, commodity-specific, and weight-specific designations in force in a State before January 1, 1994.
(Sec. 4) Directs the Secretary of Transportation (Secretary) to determine the meaning of the term "vehicles and loads which cannot be easily dismantled or divided" (including a commodity-specific definition of such term) as it relates to provisions concerning vehicle weight limitations.
Declares that it is the policy of this Act to promote conformity with the Interstate weight limits for the benefit and safety of all motorists.
(Sec. 5) Declares that the gross vehicle weight limitations and axle loading limitations with respect to vehicles and combinations on any non-Interstate highway on the National Highway System (NHS) shall be those set by State statute as of January 1, 1994, except that those limitations applicable to non-Interstate segments not in existence upon enactment of this Act shall be the Interstate weight limits.
Directs the Secretary to determine and publish a list of: (1) the State's gross vehicle weight limitations and axle loading limitations as of January 1, 1994, with respect to non-Interstate highways on the NHS; and (2) operations not in conformance with such limitations with respect to vehicles and combinations on such highways of such State before January 1, 1994, and which were in lawful operation on a regular or periodic basis, including seasonal operations, before that date. Subjects all vehicles or combinations included on the non-conforming operations list to routing-specific, commodity-specific, and weight-specific designations in force in a State on December 31, 1993. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Trafficking Vessel Interdiction
Act of 2008''.
TITLE I--CRIMINAL PROHIBITION
SEC. 101. FINDINGS AND DECLARATIONS.
Congress finds and declares that operating or embarking in a
submersible vessel or semi-submersible vessel without nationality and
on an international voyage is a serious international problem,
facilitates transnational crime, including drug trafficking, and
terrorism, and presents a specific threat to the safety of maritime
navigation and the security of the United States.
SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.
(a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2285. Operation of submersible vessel or semi-submersible vessel
without nationality
``(a) Offense.--Whoever knowingly operates, or attempts or
conspires to operate, by any means, or embarks in any submersible
vessel or semi-submersible vessel that is without nationality and that
is navigating or has navigated into, through, or from waters beyond the
outer limit of the territorial sea of a single country or a lateral
limit of that country's territorial sea with an adjacent country, with
the intent to evade detection, shall be fined under this title,
imprisoned not more than 15 years, or both.
``(b) Evidence of Intent To Evade Detection.--For purposes of
subsection (a), the presence of any of the indicia described in
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6),
of section 70507(b) of title 46 may be considered, in the totality of
the circumstances, to be prima facie evidence of intent to evade
detection.
``(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section, including an
attempt or conspiracy to commit such an offense.
``(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
``(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
``(2) flying its nation's ensign or flag; or
``(3) a verbal claim of nationality or registry by the
master or individual in charge of the vessel.
``(e) Affirmative Defenses.--
``(1) In general.--It is an affirmative defense to a
prosecution for a violation of subsection (a), which the
defendant has the burden to prove by a preponderance of the
evidence, that the submersible vessel or semi-submersible
vessel involved was, at the time of the offense--
``(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
``(B) classed by and designed in accordance with
the rules of a classification society;
``(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
``(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
``(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
``(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
``(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
``(C) government documents evidencing licensure,
regulation, or registration for commerce, research, or
exploration.
``(f) Federal Activities Excepted.--Nothing in this section applies
to lawfully authorized activities carried out by or at the direction of
the United States Government.
``(g) Applicability of Other Provisions.--Sections 70504 and 70505
of title 46 apply to offenses under this section in the same manner as
they apply to offenses under section 70503 of such title.
``(h) Definitions.--In this section, the terms `submersible
vessel', `semi-submersible vessel', `vessel of the United States', and
`vessel without nationality' have the meaning given those terms in
section 70502 of title 46.''.
(b) Clerical Amendment.--The chapter analysis for chapter 111 of
title 18, United States Code, is amended by inserting after the item
relating to section 2284 the following:
``2285. Operation of submersible vessel or semi-submersible vessel
without nationality.''.
SEC. 103. SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate sentencing
guidelines (including policy statements) or amend existing sentencing
guidelines (including policy statements) to provide adequate penalties
for persons convicted of knowingly operating by any means or embarking
in any submersible vessel or semi-submersible vessel in violation of
section 2285 of title 18, United States Code.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offense described
in section 2285 of title 18, United States Code, and the need
for deterrence to prevent such offenses;
(2) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a submersible vessel or semi-
submersible vessel described in section 2285 of title
18, United States Code, to facilitate other felonies;
(B) the repeated use of a submersible vessel or
semi-submersible vessel described in section 2285 of
title 18, United States Code, to facilitate other
felonies, including whether such use is part of an
ongoing criminal organization or enterprise;
(C) whether the use of such a vessel involves a
pattern of continued and flagrant violations of section
2285 of title 18, United States Code;
(D) whether the persons operating or embarking in a
submersible vessel or semi-submersible vessel willfully
caused, attempted to cause, or permitted the
destruction or damage of such vessel or failed to heave
to when directed by law enforcement officers; and
(E) circumstances for which the sentencing
guidelines (and policy statements) provide sentencing
enhancements;
(3) ensure reasonable consistency with other relevant
directives, other sentencing guidelines and policy statements,
and statutory provisions;
(4) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(5) ensure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing set forth
in section 3553(a)(2) of title 18, United States Code.
TITLE II--CIVIL PROHIBITION
SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.
(a) Finding and Declaration.--Section 70501 of title 46, United
States Code, is amended--
(1) by inserting ``(1)'' after ``that''; and
(2) by striking ``States.'' and inserting ``States and (2)
operating or embarking in a submersible vessel or semi-
submersible vessel without nationality and on an international
voyage is a serious international problem, facilitates
transnational crime, including drug trafficking, and terrorism,
and presents a specific threat to the safety of maritime
navigation and the security of the United States.''.
SEC. 202. OPERATION PROHIBITED.
(a) In General.--Chapter 705 of title 46, United States Code, is
amended by adding at the end thereof the following:
``Sec. 70508. Operation of submersible vessel or semi-submersible
vessel without nationality
``(a) In General.--An individual may not operate by any means or
embark in any submersible vessel or semi-submersible vessel that is
without nationality and that is navigating or has navigated into,
through, or from waters beyond the outer limit of the territorial sea
of a single country or a lateral limit of that country's territorial
sea with an adjacent country, with the intent to evade detection
``(b) Evidence of Intent To Evade Detection.--In any civil
enforcement proceeding for a violation of subsection (a), the presence
of any of the indicia described in paragraph (1)(A), (E), (F), or (G),
or in paragraph (4), (5), or (6), of section 70507(b) may be
considered, in the totality of the circumstances, to be prima facie
evidence of intent to evade detection.
``(c) Defenses.--
``(1) In general.--It is a defense in any civil enforcement
proceeding for a violation of subsection (a) that the
submersible vessel or semi-submersible vessel involved was, at
the time of the violation--
``(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
``(B) classed by and designed in accordance with
the rules of a classification society;
``(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
``(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
``(2) Production of documents.--The defenses provided by
this subsection are proved conclusively by the production of--
``(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
``(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
``(C) government documents evidencing licensure,
regulation, or registration for research or
exploration.
``(d) Civil Penalty.--A person violating this section shall be
liable to the United States for a civil penalty of not more than
$1,000,000.''
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 705 of title 46,
United States Code, is amended by inserting after the item
relating to section 70507 the following:
``70508. Operation of submersible vessel or semi-submersible vessel
without nationality.''.
(2) Section 70504(b) of title 46, United States Code, is
amended by inserting ``or 70508'' after ``70503''.
(3) Section 70505 of title 46, United States Code, is
amended by striking ``this title'' and inserting ``this title,
or against whom a civil enforcement proceeding is brought under
section 70508,''.
SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.
Section 70502 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(f) Semi-Submersible Vessel; Submersible Vessel.--In this
chapter:
``(1) Semi-submersible vessel.--The term `semi-submersible
vessel' means any watercraft constructed or adapted to be
capable of operating with most of its hull and bulk under the
surface of the water, including both manned and unmanned
watercraft.
``(2) Submersible vessel.--The term `submersible vessel'
means a vessel that is capable of operating completely below
the surface of the water, including both manned and unmanned
watercraft.''. | Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Air Travel Savings Act of
1993''.
SEC. 2. BUSINESS ACCOUNTS FOR AIR TRAVEL BY FEDERAL EMPLOYEES.
(a) In General.--Chapter 57 of title 5, United States Code, is
amended by inserting after section 5709 the following new section:
``Sec. 5710. Business accounts for air travel
``(a) The General Services Administration or any agency entering
into a contract with an air carrier for travel on official business--
``(1) subject to the provisions of paragraph (2), shall
include as a term of such contract that such air carrier
shall--
``(A) establish a separate air travel business
account for any employee, designated by the head of the
agency employing such employee, for travel on official
business by such employee on such air carrier;
``(B) deposit any award or bonus by such air
carrier awarded to such employee for travel on official
business into the employee's air travel business
account; and
``(C) apply any such award or bonus from such
employee's air travel business account to any travel on
official business by such employee on such air carrier
except that such awards or bonuses shall not be used
for seating upgrades; and
``(2) may include as a term of such contract, as an
alternative to the term required under paragraph (1), that such
air carrier shall--
``(A) establish an air travel business account for
any office or administrative unit of an agency, as
designated by the head of such agency, for travel on
official business by employees of such office or
administrative unit on such air carrier;
``(B) deposit any award or bonus by such air
carrier awarded to any employee of such office or
administrative unit for travel on official business
into the air travel business account of such office or
administrative unit; and
``(C) apply any such award or bonus from the air
travel business account of such office or
administrative unit to any travel on official business
by any employee of such office or administrative unit
except that such awards or bonuses shall not be used
for seating upgrades.
``(b) All air travel business accounts established under this
section shall be separate from any personal account of an employee. Any
award or bonus from an air travel business account may be used only for
travel on official business except that such awards shall not be used
for seating upgrades.
``(c) To the greatest extent practicable, the General Services
Administration shall include the term described under subsection (a)(2)
in a contract to maximize travel costs savings.
``(d) The General Services Administration shall promulgate
regulations to carry out the provisions of this section. Such
regulations shall include a requirement that, to the greatest extent
practicable to maximize travel costs savings, employees shall--
``(1) travel on official business with air carriers
awarding awards and bonuses for official business travel,
regardless of whether such travel is on an air carrier under a
contract described under this section; and
``(2)(A) participate in any program of such air carrier
awarding awards and bonuses; and
``(B) use such awards and bonuses for only official
business travel except that such awards shall not be used for
seating upgrades.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5709 the following new item:
``5710. Business accounts for air travel.''.
SEC. 2. APPLICATION TO THE CONGRESS.
(a) In General.--No later than 180 days after the date of the
enactment of this Act, the Committee on Rules and Administration of the
Senate and the Committee on Administration of the House of
Representatives shall promulgate regulations relating to Members of
Congress and any employee whose pay is disbursed by the Secretary of
the Senate or the Clerk of the House of Representatives, respectively,
that--
(1) require any Member of the Senate, officer of the
Senate, Member of the House of Representatives, or officer of
the House of Representatives who enters into a contract with an
air carrier for travel on official business by a Member or
employee--
(A) subject to the provisions of subparagraph (B),
shall include as a term of such contract that such air
carrier shall--
(i) establish a separate air travel
business account for any Member or employee,
designated by the applicable Member or
employing committee or office of such employee,
for travel on official business by such Member
or employee on such air carrier;
(ii) deposit any award or bonus by such air
carrier awarded to such Member or employee for
travel on official business into the Member's
or employee's air travel business account; and
(iii) apply any such award or bonus from
such Member's or employee's air travel business
account to any travel on official business by
such Member or employee on such air carrier
except that such awards or bonuses shall not be
used for seating upgrades; and
(B) may include as a term of such contract, as an
alternative to the term required under subparagraph
(A), that such air carrier shall--
(i) establish an air travel business
account for any committee or office as
designated by the applicable Member, committee,
or office, for travel on official business by
Members or employees of such committee or
office on such air carrier;
(ii) deposit any award or bonus by such air
carrier awarded to any Member or employee of
such committee or office for travel on official
business into the air travel business account
of such committee or office; and
(iii) apply any such award or bonus from
the air travel business account of such
committee or office to any travel on official
business by any Member or employee of such
committee or office except that such awards or
bonuses shall not be used for seating upgrades;
and
(2) to the greatest extent practicable to maximize travel
costs savings, require committees and offices (including
Members' offices)--
(A) to enter into contracts with air carriers
awarding awards and bonuses for official business
travel; and
(B) to require Members and employees to--
(i) travel on official business with air
carriers awarding awards and bonuses for
official business travel, regardless of whether
such travel is on an air carrier under a
contract described under this section; and
(ii)(I) participate in any program of such
air carrier awarding awards and bonuses; and
(II) use such awards and bonuses for only
official business travel except that such
awards or bonuses shall not be used for seating
upgrades.
(b) Separate Business Accounts.--All air travel business accounts
established under this section shall be separate from any personal
account of a Member or employee. Any award or bonus from an air travel
business account may be used only for travel on official business
except that such awards or bonuses shall not be used for seating
upgrades.
(c) Committee and Office Accounts.--To the greatest extent
practicable, any Member of Congress or officer of the Congress entering
into a contract as provided under this section shall include the term
described under subsection (a)(1)(B) to maximize costs savings. | Government Air Travel Savings Act of 1993 - Amends Federal civil service law to provide for the establishment of business accounts for air travel by Federal employees on official business in order to maximize cost savings.
Provides for similar measures with respect to air travel by Members of Congress and congressional employees. | billsum_train |
Provide a summary of the following text: SECTION 1. CLEAN RENEWABLE WATER SUPPLY BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by inserting after section 54 the following new section:
``SEC. 54A. CREDIT TO HOLDERS OF CLEAN RENEWABLE WATER SUPPLY BONDS.
``(a) Allowance of Credit.--If a taxpayer holds a clean renewable
water supply bond on 1 or more credit allowance dates of the bond
occurring during any taxable year, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of the credits determined under subsection (b) with
respect to such dates.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a clean renewable water supply bond is 25 percent of the
annual credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any clean renewable water supply bond is the product
of--
``(A) the credit rate determined by the Secretary
under paragraph (3) for the day on which such bond was
sold, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any clean renewable water supply bond, the Secretary
shall determine daily or cause to be determined daily a credit
rate which shall apply to the first day on which there is a
binding, written contract for the sale or exchange of the bond.
The credit rate for any day is the credit rate which the
Secretary or the Secretary's designee estimates will permit the
issuance of clean renewable water supply bonds with a specified
maturity or redemption date without discount and without
interest cost to the qualified issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term also includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than subpart C, section 54, section 1400N(l), and this
section).
``(d) Clean Renewable Water Supply Bond.--For purposes of this
section--
``(1) In general.--The term `clean renewable water supply
bond' means any bond issued as part of an issue if--
``(A) the bond is issued by a qualified issuer,
``(B) 95 percent or more of the proceeds of such
issue are to be used for capital expenditures incurred
by qualified borrowers for 1 or more qualified
projects,
``(C) the qualified issuer designates such bond for
purposes of this section and the bond is in registered
form, and
``(D) the issue meets the requirements of
subsection (g).
``(2) Qualified project; special use rules.--
``(A) In general.--The term `qualified project'
means any--
``(i) qualified desalination facility,
``(ii) qualified recycled water facility,
``(iii) qualified groundwater remediation
facility, or
``(iv) facility that is functionally
related and subordinate to a facility described
in clause (i), (ii), or (iii),
in each case, owned by a qualified borrower.
``(B) Refinancing rules.--For purposes of paragraph
(1)(B), a qualified project may be refinanced with
proceeds of a clean renewable water supply bond only if
the indebtedness being refinanced (including any
obligation directly or indirectly refinanced by such
indebtedness) was originally incurred by a qualified
borrower after the date of the enactment of this
section.
``(C) Reimbursement.--For purposes of paragraph
(1)(B), a clean renewable water supply bond may be
issued to reimburse a qualified borrower for amounts
paid after the date of the enactment of this section
with respect to a qualified project, but only if--
``(i) prior to the payment of the original
expenditure, the qualified borrower declared
its intent to reimburse such expenditure with
the proceeds of a clean renewable water supply
bond,
``(ii) not later than 60 days after payment
of the original expenditure, the qualified
issuer adopts an official intent to reimburse
the original expenditure with such proceeds,
and
``(iii) the reimbursement is made not later
than 18 months after the date the original
expenditure is paid.
``(D) Treatment of changes in use.--For purposes of
paragraph (1)(B), the proceeds of an issue shall not be
treated as used for a qualified project to the extent
that a qualified borrower or qualified issuer takes any
action within its control which causes such proceeds
not to be used for a qualified project. The Secretary
shall prescribe regulations specifying remedial actions
that may be taken (including conditions to taking such
remedial actions) to prevent an action described in the
preceding sentence from causing a bond to fail to be a
clean renewable water supply bond.
``(E) Environmental impact.--A project shall not be
treated as a qualified project under subparagraph (A)
unless such project is designed to comply with
regulations issued under subsection (m) relating to the
minimization of the environmental impact of the
project.
``(e) Maturity Limitation.--A bond shall not be treated as a clean
renewable water supply bond if the maturity of such bond exceeds 20
years.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(g) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of issuance,
the qualified issuer reasonably expects--
``(A) at least 95 percent of the proceeds of such
issue are to be spent for 1 or more qualified projects
within the 5-year period beginning on the date of
issuance of the clean renewable water supply bond,
``(B) a binding commitment with a third party to
spend at least 10 percent of the proceeds of such issue
will be incurred within the 6-month period beginning on
the date of issuance of the clean renewable water
supply bond or, in the case of a clean renewable water
supply bond the proceeds of which are to be loaned to 2
or more qualified borrowers, such binding commitment
will be incurred within the 6-month period beginning on
the date of the loan of such proceeds to a qualified
borrower, and
``(C) such projects will be completed with due
diligence and the proceeds of such issue will be spent
with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related projects
will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of the
proceeds of such issue are expended by the close of the 5-year
period beginning on the date of issuance (or if an extension
has been obtained under paragraph (2), by the close of the
extended period), the qualified issuer shall redeem all of the
nonqualified bonds within 90 days after the end of such period.
For purposes of this paragraph, the amount of the nonqualified
bonds required to be redeemed shall be determined in the same
manner as under section 142.
``(h) Special Rules Relating to Arbitrage.--
``(1) In general.--Except as provided in paragraph (2), a
bond which is part of an issue shall not be treated as a clean
renewable water supply bond unless, with respect to the issue
of which the bond is a part, the qualified issuer satisfies the
arbitrage requirements of section 148 with respect to proceeds
of the issue.
``(2) Exceptions.--
``(A) In general.--For purposes of paragraph (1)--
``(i) the proceeds of an issue qualify for
a temporary period of 5 years beginning on the
date of issuance of the issue (or, if a longer
period is approved by the Secretary under
subsection (g)(2), such longer period),
``(ii) the credit allowed under subsection
(a) shall be disregarded for purposes of
computing the yield on the issue,
``(iii) section 148(b)(3) (relating to
exception to definition of `investment
property' for certain tax-exempt bonds) shall
not apply,
``(iv) the bonds shall not be treated as
private activity bonds for purposes of section
148(f)(4)(A) (relating to rebate exception for
amounts in a bona fide debt service fund),
``(v) section 148(f)(4)(C) (relating to
exception from rebate for certain proceeds to
be used to finance construction expenditures)
shall apply to the available construction
proceeds of an issue, and
``(vi) section 148(f)(4)(D) (relating to
exception from rebate for certain small
issuers) shall not apply.
``(B) Additional rebate spending exception.--For
purposes of paragraph (1), an issue of clean renewable
water supply bonds shall be treated as meeting the
requirements of section 148(f)(2) (relating to payment
of rebate amounts) if the proceeds of the issue are
used to pay capital expenditures for one or more
qualified projects in accordance with the following
schedule--
``(i) 10 percent within 6 months,
``(ii) 30 percent within 1 year,
``(iii) 60 percent within 2 years, and
``(iv) 100 percent within 3 years.
``(3) Regulatory authority.--The Secretary may prescribe
such regulations as are necessary or appropriate to carry out
the purposes of this subsection, including regulations which
specify additional exceptions to the requirements of section
148 for clean renewable water supply bonds.
``(i) Definitions.--For purposes of this section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Governmental body.--The term `governmental body'
means any State, territory, possession of the United States,
the District of Columbia, Indian tribal government, and any
political subdivision thereof.
``(3) Local water company.--The term `local water company'
means any entity responsible for providing water service to the
general public (including electric utility, industrial,
agricultural, commercial, or residential users) pursuant to
State or tribal law.
``(4) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(6)(A).
``(5) Qualified borrower.--The term `qualified borrower'
means a governmental body or a local water company.
``(6) Qualified desalination facility.--The term `qualified
desalination facility' means any facility that is used to
produce new water supplies by desalinating seawater,
groundwater, or surface water if the facility's source water
includes chlorides or total dissolved solids that, either
continuously or seasonally, exceed maximum permitted levels for
primary or secondary drinking water under Federal or State law
(as in effect on the date of issuance of the issue).
``(7) Qualified groundwater remediation facility.--The term
`qualified groundwater remediation facility' means any facility
that is used to reclaim contaminated or naturally impaired
groundwater for potable use if the facility's source water
includes constituents that exceed maximum contaminant levels
regulated under the Safe Drinking Water Act (as in effect on
the date of enactment of this Act).
``(8) Qualified issuer.--The term `qualified issuer'
means--
``(A) a governmental body, or
``(B) in the case of a State or political
subdivision thereof (as defined for purposes of section
103), any entity qualified to issue tax-exempt bonds
under section 103 on behalf of such State or political
subdivision.
``(9) Qualified recycled water facility.--The term
`qualified recycled water facility' means any facility that is
used to reclaim wastewater produced by the general public
(including electric utility, industrial, agricultural,
commercial, or residential users) to the extent such reclaimed
wastewater is re-used for a beneficial use.
``(j) Special Rules Relating to Pool Bonds.--No portion of a pooled
financing bond may be allocable to any loan unless the borrower has
entered into a written loan commitment for such portion prior to the
issue date of such bond.
``(k) Bonds Held by Regulated Investment Companies.--If any clean
renewable water supply bond is held by a regulated investment company,
the credit determined under subsection (a) shall be allowed to
shareholders of such company under procedures prescribed by the
Secretary.
``(l) Information Reporting.--Issuers of clean renewable water
supply bonds shall submit reports similar to the reports required under
section 149(e).
``(m) Regulations.--The Secretary shall prescribe regulations to
carryout this section, including regulations promulgated in
consultation with Director of the Environmental Protection Agency to
ensure the environmental impact of qualified facilities is
minimized.''.
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(9) Reporting of credit on clean renewable water supply
bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54A(f) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 54A(b)(4)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A), subsection
(b)(4) shall be applied without regard to subparagraphs
(A), (H), (I), (J), (K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Clerical Amendments.--The table of sections for part IV of
subchapter A of chapter 1, as amended by this Act, is amended by
inserting after section 54 the following new item:
``Sec. 54A. Credit to holders of clean renewable water supply bonds.''.
(d) Issuance of Regulations.--The Secretary of Treasury shall issue
regulations required under section 54A of the Internal Revenue Code of
1986 (as added by this section) not later than 120 days after the date
of the enactment of this Act.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Amends the Internal Revenue Code to allow holders of clean renewable water supply bonds a tax credit of 25% of the annual credit amount as determined by the Secretary of the Treasury. Defines "clean renewable water supply bond" as any bond issued by a governmental body or an entity qualified to issue tax-exempt bonds that is used for capital expenditures for projects involving a qualified desalination facility, a recycled water facility, or a groundwater remediation facility.
Sets forth rules for maturity limitations, arbitrage, and expenditures, including a requirement that 95% of the proceeds of a bond issue be spent on one or more clean renewable water supply projects within five years from the date of a bond issuance. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Union Transparency and
Accountability Act''.
SEC. 2. DISCLOSURE REQUIREMENTS.
Section 208 of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 438) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) The
Secretary''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a) and for each fiscal year, a
labor organization that would be required to file form LM-2 under part
403 of title 29, Code of Federal Regulations, under section 201(a) (as
such part was in effect on October 12, 2009) shall be required to
annually file with the Secretary--
``(1) form LM-2, as published in the appendix to the final
rule issued by the Secretary of Labor entitled `Labor
Organization Annual Financial Reports' (74 Fed. Reg. 3678
(January 21, 2009)); or
``(2) a successor form that includes all of the information
required in such form LM-2 (as such form was published on
January 21, 2009).
``(c) Notwithstanding subsection (a) and for each fiscal year, a
labor organization that would be required to file form T-1 under part
403 of title 29, Code of Federal Regulations (as such part was in
effect on November 30, 2010) shall file with the Secretary, as the
report concerning trusts in which a labor organization is interested--
``(1) form T-1, as published in the appendix to the final
rule issued by the Secretary entitled `Labor Organization
Annual Financial Reports for Trusts in Which a Labor
Organization Is Interested, Form T-1' (73 Fed. Reg. 57412
(October 2, 2008)); or
``(2) a successor form that includes all of the information
required in such form T-1 (as such form was published on
October 2, 2008).
``(d) Notwithstanding subsection (a) and for each fiscal year, an
officer or employee of a labor organization who would be required to
file form LM-30 under part 404 of title 29, Code of Federal Regulations
(as such part was in effect on October 25, 2011) shall be required to
file with the Secretary--
``(1) form LM-30, as published in the appendix to the final
rule issued by the Secretary entitled `Labor Organization
Officer and Employee Report, Form LM-30' (72 Fed. Reg. 36106
(July 2, 2007)); or
``(2) a successor form that includes all of the information
required in such form LM-30 (as such form was published on July
2, 2007).''.
SEC. 3. CIVIL FINES RELATING TO DISCLOSURE VIOLATIONS.
(a) Civil Fines for Failure To Provide Information to Members.--
Section 201 of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 431) is amended--
(1) by redesignating subsection (c) as subsection (c)(1);
and
(2) by inserting after such subsection (c)(1) the
following:
``(2) Any labor organization that fails to meet the requirements of
paragraph (1) with respect to a member, by refusing to make available
the information required to be contained in a report required to be
submitted under this title, and any books, records, and accounts
necessary to verify such report (unless such failure or refusal results
from matters reasonably beyond the control of the labor organization),
may in the court's discretion, and in addition to any other relief
provided by law and determined proper by the court, be liable to such
member for an amount that is not more than $250 a day from the date of
such failure or refusal (except that such amount shall be adjusted for
inflation in the same manner as the Secretary adjusts the amount of a
civil fine under section 211(c)). For purposes of this paragraph, each
violation with respect to any single member shall be treated as a
separate violation.''.
(b) Civil Enforcement for Failure To File a Timely Report.--Section
210 of the Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. 440) is amended to read as follows:
``SEC. 210. CIVIL ENFORCEMENT.
``(a) In General.--Whenever it shall appear that any person has
violated or is about to violate any of the provisions of this title, or
section 301(a), the Secretary may bring a civil action for such relief,
including an injunction or the enforcement of a civil fine imposed
under section 211, as may be appropriate. Any such action may be
brought in the district court of the United States where the violation
occurred or in the United States District Court for the District of
Columbia.
``(b) Judicial Review for Enforcement of Civil Fines.--
``(1) Standard of review.--Upon a complaint filed by the
Secretary seeking the enforcement of a civil fine, the
appropriate district court shall impose the civil fine that has
been determined to be appropriate by the Secretary--
``(A) if the person, labor organization, or
employer against whom the civil fine is sought has been
provided written notice and an opportunity to be heard
before the Secretary or a designee of such Secretary,
in accordance with procedures established by the
Secretary under section 211(g)(1); and
``(B) unless the Secretary's determination is shown
to be arbitrary and capricious.
``(2) Scope of review.--The appropriate court shall not
consider any objection or argument that was not raised in the
proceedings before the Secretary.
``(c) Appropriateness of Injunctive Relief.--Upon a complaint filed
by the Secretary seeking relief under this section demonstrating that a
person, labor organization, or employer has failed to file timely and
complete reports required by this title or section 301(a), or has filed
reports that are substantially incomplete or inaccurate, or that
information required to be reported may be lost or destroyed absent
such relief, the district court shall issue an order enjoining
continued violation of this title or section 301(a). Injunctive relief
may be awarded in addition to any other additional civil or criminal
remedy and whether or not the Secretary seeks enforcement of a civil
fine.''.
(c) Authority To Impose Civil Fines.--Title II of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.)
is amended--
(1) by redesignating section 211 as section 212; and
(2) by inserting after section 210 the following:
``SEC. 211. CIVIL FINES.
``(a) Notice; Correction Period.--Upon finding a violation of
subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or
301(a), the Secretary shall, in accordance with standards and
procedures established by the Secretary under subsection (g), provide
the person, labor organization, or employer responsible for such
violation--
``(1) written notice of the violation; and
``(2) a period of time to correct the violation that is not
more than 30 days after the date that the Secretary provides
such written notice.
``(b) Fines Assessed.--Subject to the other provisions of this
section, if the Secretary determines that a person, labor organization,
or employer has violated subsection (a) or (b) of section 201 or
section 202, 203, 207, 212, or 301(a) and has not corrected the
violation within the period described in subsection (a)(2), the
Secretary may assess a civil fine against the person, labor
organization, or employer responsible for such violation.
``(c) Amount of Civil Fine.--
``(1) Maximum amount.--A civil fine under this section
shall be for an amount that is not more than $250 a day from
the date of the violation, and not more than $45,000 in the
aggregate, except that such amounts shall be adjusted in
accordance with the inflation adjustment procedures prescribed
in the Federal Civil Penalties Inflation Adjustment Act of 1990
(28 U.S.C. 2461 note; Public Law 101-410).
``(2) Factors in determining amount.--In determining the
amount of a civil fine under this section, the Secretary may
consider--
``(A) the gravity of the offense;
``(B) any history of prior offenses (including
offenses occurring before the date of enactment of this
section) of the person, labor organization, or employer
responsible for such violation;
``(C) the ability of such person, labor
organization, or employer to pay the civil fine without
material impairment of the ability to carry out
representational functions or honor other financial
obligations;
``(D) any injury to uninvolved members of the labor
organization or to the public;
``(E) any benefits to such person, labor
organization, or employer resulting from such
violation;
``(F) the ability of the civil fine to deter future
such violations; and
``(G) any other factors that the Secretary may
determine to be appropriate to further the purposes of
this Act.
``(d) Limitation.--A person, labor organization, or employer shall
not be required to pay a civil fine under this section for a violation
of subsection (a) or (b) of section 201 or section 202, 203, 207, 212,
or 301(a) for which a material cause was reasonably beyond the control
of such person, labor organization, or employer.
``(e) Incomplete Reports.--A report rejected by the Secretary as
incomplete shall be considered not filed for purposes of determining
the existence of a violation of subsection (a) or (b) of section 201 or
section 202, 203, 207, 212, or 301(a), and a civil fine may be assessed
for such violation.
``(f) Effect on Criminal Sanctions.--The imposition of a civil fine
under this section shall not affect the availability of criminal
sanctions against any person, labor organization, or employer who
knowingly or willfully violates a provision of this Act.
``(g) Standards and Procedures.--
``(1) In general.--The Secretary shall establish, pursuant
to sections 208 and 606, standards and procedures governing the
imposition of a civil fine under this section that include
providing the person, labor organization, or employer
responsible for an alleged violation of subsection (a) or (b)
of section 201 or section 202, 203, 207, 212, or 301(a) with--
``(A) written notice of such violation; and
``(B) an opportunity for a hearing before the
Secretary or a designee of such Secretary.
``(2) Judicial review.--
``(A) In general.--After exhausting all
administrative remedies established by the Secretary
under paragraph (1), a person, labor organization, or
employer against whom the Secretary has imposed a civil
fine under this section may obtain a review of such
fine in the United States District Court where the
violation occurred or in the United States District
Court for the District of Columbia, by filing in such
court, within 30 days of the entry of a final order
imposing the civil fine, a written petition that the
Secretary's order or determination be modified or be
set aside in whole or in part.
``(B) Standard of review.--Upon petition for review
of a civil fine under this section, the appropriate
district court shall impose the civil fine determined
to be appropriate by the Secretary--
``(i) if the person, labor organization, or
employer against whom the civil fine is sought
has been provided written notice and an
opportunity to be heard, in accordance with the
procedures established by the Secretary under
paragraph (1); and
``(ii) unless the Secretary's determination
is shown to be arbitrary and capricious.
``(C) Scope of review.--In reviewing a civil fine
under this section, the appropriate district court
shall not consider any objection or argument that was
not raised in the proceedings before the Secretary.
``(h) Settlement by Secretary.--The Secretary may compromise,
modify, or remit any civil fine that may be, or has been, imposed under
this section.''.
(d) Technical and Conforming Amendments.--The Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is further
amended--
(1) in section 205 (29 U.S.C. 435), by striking ``211''
each place it appears and inserting ``212'';
(2) in section 207(b) (29 U.S.C. 437(b)), by striking
``211'' each place it appears and inserting ``212''; and
(3) in section 301(b) (29 U.S.C. 461(b)), by striking ``and
210'' and inserting ``210, and 211''.
SEC. 4. WHISTLEBLOWER PROTECTIONS FOR LABOR ORGANIZATION EMPLOYEES.
Title II of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 431 et seq.) is amended by inserting after section 211
the following:
``SEC. 211A. WHISTLEBLOWER PROTECTION FOR LABOR ORGANIZATION EMPLOYEES.
``(a) Whistleblower Protection.--It shall be unlawful for any labor
organization to discharge or in any other manner discriminate against
any employee because such employee has filed any complaint or
instituted or caused to be instituted any proceeding under or related
to this Act, or has testified or is about to testify in any such
proceeding.
``(b) Enforcement and Remedies.--Any person whose rights secured by
the provisions of this title have been infringed by any violation of
this title may bring a civil action in the appropriate district court
of the United States for such relief as may be appropriate, including
an injunction. A civil action under this subsection against a labor
organization shall be brought in the district court of the United
States for the district where the alleged violation occurred or where
the principal office of such labor organization is located.''. | Union Transparency and Accountability Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to revise specified current reporting requirements to require every labor organization to file annually with the Secretary of Labor (currently, the Office of Labor Management Standards of the Department of Labor) its: form LM-2, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Annual Financial Reports" dated January 21, 2009, or a successor form including the same information; and form T-1, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization is Interested, Form T-1" dated October 2, 2008, or a successor form including the same information. Requires similarly certain labor organization officers or employees (as under current law) to file annually with the Secretary form LM-30, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Officer and Employee Report, Form LM-30" dated July 2, 2007, or a successor form including the same information. Prescribes civil penalties for any labor organization that fails to disclose to its members specified information contained in a report, including a financial report, required to be filed with the Secretary. Revises the authority of the Secretary to bring a civil action in a U.S. district Court or in the U.S. District Court for the District of Columbia for the actual or imminent failure of any person to file required reports. Requires the Secretary to establish certain standards and procedures for the imposition by the appropriate district court of civil fines for persons, labor organizations, or employers who violate specified reporting requirements. Prescribes a civil fine of up to $250 a day from the date of a violation, with an aggregate maximum of $45,000, both amounts adjusted for inflation. Prescribes certain whistleblower protections for labor organization employees who file complaints or institute, or cause to be instituted, proceedings under the Act, or testify or are about to tesify in any such proceedings. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Procompetitiveness and Antiboycott
Act of 1993''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the boycott of Israel by Arab countries has distorted
international trade and investment;
(2) the secondary boycott of Israel by Arab countries has
put at a competitive disadvantage those United States business
enterprises that refuse to comply with the Arab boycott of
Israel;
(3) the secondary boycott has stifled foreign investment in
Israel;
(4) business enterprises that comply with the boycott of
Israel by Arab countries contribute to the distortion of
international commerce and investment; and
(5) it is in the interest of all countries to have free
trade and a liberal climate for investment.
SEC. 3. OECD REPORT.
(a) Discussions at the OECD.--The United States Ambassador to the
Organization for Economic Cooperation and Development (OECD) shall
enter into discussions with representatives from other countries that
are members of OECD concerning--
(1) the extent to which business enterprises, both public
and private, comply with the boycott of Israel by Arab
countries;
(2) the effectiveness, with respect to the secondary
boycott, of antiboycott laws of those countries that currently
have or have had such laws;
(3) the extent to which the secondary boycott has skewed
global trade and investment, as well as regional trade and
investment in the Middle East;
(4) the extent to which business enterprises not complying
with the boycott of Israel by Arab countries are placed at a
competitive disadvantage as a result of the secondary boycott;
(5) the extent to which the secondary boycott contradicts
OECD trade and investment policy; and
(6) the development of a set of guidelines, comparable to
the prohibitions set forth in section 8(a) of the Export
Administration Act of 1979 on actions taken to comply with,
further, or support a boycott imposed by a foreign country,
that countries that are members of OECD can agree on as a way
to eliminate compliance with the boycott of Israel by Arab
countries.
(b) Report to Congress.--The United States Ambassador to the OECD
shall submit to the Congress, not later than 6 months after the date of
the enactment of this Act, a report on the progress of the discussions
described in subsection (a).
SEC. 4. GATT REPORT.
(a) In General.--The United States Trade Representative shall enter
into discussions with representatives from countries that are members
of the General Agreement on Tariffs and Trade (GATT) to determine the
extent to which--
(1) the secondary boycott has distorted trade;
(2) members of and observers to the GATT encourage actions,
including the furnishing of information or entering into
implementing agreements, which have the effect of furthering or
supporting the boycott of Israel by Arab countries;
(3) the GATT can and should work to eliminate the secondary
boycott; and
(4) provisions of the GATT, specifically Articles I and XI,
can be used to eliminate compliance with the boycott of Israel
by Arab countries and what additional measures, including
penalties, can be applied to countries imposing and complying
with the boycott of Israel by Arab countries.
(b) Report to Congress.--The United States Trade Representative
shall submit to the Congress, not later than 6 months after the date of
the enactment of this Act, a report on the discussions described in
subsection (a).
SEC. 5. PRESIDENTIAL REPORT.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit a report to the Congress on--
(1) what progress has been made in terminating the
secondary boycott, and
(2) what progress has been made in terminating the
compliance by countries other than Arab countries with the
boycott of Israel by Arab countries.
SEC. 6. BOYCOTT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Commerce, in consultation with the Secretary of State
and the Secretary of the Treasury, shall submit to the Congress a
report on those OECD member countries that encourage or fail to
discourage compliance with the boycott of Israel by Arab countries.
Such report shall include--
(1) a list of foreign countries which encourage or fail to
discourage compliance with the boycott of Israel by Arab
countries; and
(2) for each foreign country included in the list under
paragraph (1), a description of the policies, regulations,
practices, and laws of the government of that country which
encourage or fail to discourage compliance with the boycott of
Israel by Arab countries.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) the term ``secondary boycott'' means the boycott by the
governments of Arab countries of--
(A) business enterprises which--
(i) provide goods or services to Israeli
nationals or business enterprises organized
under the laws of Israel or owned or controlled
by Israeli nationals, or
(ii) invest in Israel or business
enterprises described in clause (i);
(B) ships that call at Israeli ports; or
(C) goods and services of people or entities which
support the State of Israel; and
(2) a business enterprise complies with the boycott of
Israel by Arab countries when, as a condition of doing business
directly or indirectly within a country or with the government
of, a national of, or a business enterprise organized under the
laws of, a country, that business enterprise--
(A) agrees to refrain from doing business with or
in Israel or with the government or nationals of Israel
or business enterprises organized under the laws of
Israel or owned or controlled by Israeli nationals; or
(B) agrees to furnish information about its past,
present, or future business relationships with Israel
or with the government or nationals of Israel or
business enterprises described in subparagraph (A). | Procompetitiveness and Antiboycott Act of 1993 - Directs the U.S. Ambassador to the Organization for Economic Cooperation and Development (OECD) to discuss with representatives from other OECD member countries and to report to the Congress on: (1) the extent to which business enterprises comply with the boycott of Israel by Arab countries; (2) the effectiveness, with respect to the secondary boycott, of antiboycott laws of countries that have them; (3) the extent to which the secondary boycott has skewed trade and investment globally as well as in the Middle East; (4) the extent to which business enterprises not complying with the boycott are placed at a competitive disadvantage; (5) the extent to which the secondary boycott contradicts OECD trade and investment policy; and (6) the development of guidelines, comparable to the prohibitions set forth under the Export Administration Act of 1979, that OECD countries can agree on to eliminate compliance with the boycott.
Requires the United States Trade Representative to enter into discussions with representatives from member countries of the General Agreement on Tariffs and Trade (GATT) and to report to the Congress on the extent to which: (1) the secondary boycott of Israel has distorted trade; (2) members of and observers to the GATT encourage actions, including the furnishing of information or entering into agreements, which support the boycott; (3) the GATT should work to eliminate the secondary boycott; and (4) GATT articles can be used to eliminate compliance with such boycott.
Requires the President to report to the Congress on progress made to end the boycott.
Requires the Secretary of Commerce to report to the Congress on OECD countries that encourage or fail to discourage compliance with such boycott. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Audit Improvement Act of
2015''.
SEC. 2. REFORMING THE PRACTICES OF RECOVERY AUDIT CONTRACTORS UNDER THE
MEDICARE PROGRAM.
(a) Elimination of Contingency Fee Payment System.--Section 1893(h)
of the Social Security Act (42 U.S.C. 1395ddd(h)) is amended--
(1) in paragraph (1), by inserting ``, for recovery
activities conducted during a fiscal year before fiscal year
2015'' after ``Under the contracts''; and
(2) by adding at the end the following new paragraph:
``(11) Payment for recovery activities performed after
fiscal year 2014.--
``(A) In general.--Under the contracts, subject to
paragraphs (B) and (C), payment shall be made to
recovery audit contractors for recovery activities
conducted during fiscal year 2015 and each fiscal year
thereafter in the same manner, and from the same
amounts, as payment is made to eligible entities under
contracts entered into for recovery activities
conducted during fiscal year 2014 under subsection (a).
``(B) Prohibition on incentive payments.--Under the
contracts, payment made to a recovery audit contractor
for recovery activities conducted during fiscal year
2015 or any fiscal year thereafter may not include any
incentive payments.
``(C) Performance accountability.--
``(i) In general.--Under the contracts,
payment made to a recovery audit contractor for
recovery activities conducted during fiscal
year 2015 or any fiscal year thereafter shall,
in the case that the contractor has a complex
audit denial overturn rate at the end of such
fiscal year (as calculated under the
methodology described in clause (iv)) that is
.1 or greater, be reduced in an amount
determined in accordance with clause (ii).
``(ii) Payment reductions.--
``(I) Sliding scale of amount of
reductions.--The Secretary shall
establish, for purposes of determining
the amount of a reduction in payment to
a recovery audit contractor under
clause (i) for recovery activities
conducted during fiscal year, a linear
sliding scale of payment reductions for
recovery audit contractors for such
fiscal year. Under such linear sliding
scale, the amount of such a reduction
in payment to a recovery audit
contractor for a fiscal year shall be
calculated in a manner that provides
for such reduction to be greater than
the reduction for such fiscal year for
recovery audit contractors that have
complex audit denial overturn rates at
the end of such fiscal year (as
calculated under the methodology
described in clause (iv)) that are
lower than the complex audit denial
overturn rate of the contractor at the
end of such fiscal year (as so
calculated).
``(II) Manner of collecting
reduction.--The Secretary may assess
and collect the reductions in payment
to recovery audit contractors under
clause (i) in such manner as the
Secretary may specify (such as by
reducing the amount paid to the
contractor for recovery activities
conducted during a fiscal year or by
assessing the reduction as a separate
penalty payment to be paid to the
Secretary by the contractor with
respect to each complex audit denial
issued by the contractor that is
overturned on appeal).
``(iii) Timing of determinations of payment
reductions.--The Secretary shall, with respect
to a recovery audit contractor, determine not
later than six months after the end of a fiscal
year--
``(I) whether to reduce payment to
the recovery audit contractor under
clause (i) for recovery activities
conducted during such fiscal year; and
``(II) in the case that the
Secretary determines to so reduce
payment to the contractor, the amount
of such payment reduction.
``(iv) Methodology for calculation of
overturned complex audit denial overturn
rate.--
``(I) Calculation of overturn
rate.--The Secretary shall calculate a
complex audit denial overturn rate for
a recovery audit contractor for a
fiscal year by--
``(aa) determining, with
respect to the contract entered
into under paragraph (1) by the
contractor, the number of
complex audit denials issued by
the contractor under the
contract (including denials
issued before such fiscal year
and during such fiscal year)
that are overturned on appeal;
and
``(bb) dividing the number
determined under item (aa) by
the number of complex audit
denials issued by the
contractor under such contract
(including denials issued
before such fiscal year and
during such fiscal year).
``(II) Fairness and transparency.--
The Secretary shall calculate the
percentage described in subclause (I)
in a fair and transparent manner.
``(III) Accounting for subsequently
overturned appeals.--The Secretary
shall calculate the percentage
described in subclause (I) in a manner
that accounts for the likelihood that
complex audit denials issued by the
contractor for such fiscal year will be
overturned on appeal in a subsequent
fiscal year.
``(IV) Complex audit denial
defined.--In this subparagraph, the
term `complex audit denial' means a
denial by a recovery audit contractor
of a claim for payment under this title
submitted by a hospital, psychiatric
hospital, or critical access hospital
that is so denied by the contractor
after the contractor has--
``(aa) requested that the
hospital, psychiatric hospital,
or critical access hospital, in
order to support such claim for
payment, provide supporting
medical records to the
contractor; and
``(bb) reviewed such
medical records in order to
determine whether an improper
payment has been made to the
hospital, psychiatric hospital,
or critical access hospital for
such claim.
``(V) Overturned on appeal
defined.--In this subparagraph, the
term `overturned on appeal' means, with
respect to a complex audit denial, a
denial that is overturned on appeal at
the reconsideration level, the
redetermination level, or the
administrative law judge hearing level.
``(D) Application to existing contracts.--Not later
than 60 days after the date of the enactment of this
paragraph, the Secretary shall modify, as necessary,
each contract under paragraph (1) that the Secretary
entered into prior to such date of enactment in order
to ensure that payment with respect to recovery
activities conducted under such contract is made in
accordance with the requirements described in this
paragraph.''.
(b) Elimination of One-Year Timely Filing Limit To Rebill Part B
Claims.--
(1) In general.--Section 1842(b) of the Social Security Act
(42 U.S.C. 1395u(b)) is amended by adding at the end the
following new paragraph:
``(20) Exception to the one-year timely filing limit for
certain rebilled claims.--
``(A) In general.--In the case of a claim submitted
under this part by a hospital (as defined in
subparagraph (B)(i)) for hospital services with respect
to which there was a previous claim submitted under
part A as inpatient hospital services or inpatient
critical access hospital services that was denied by a
Medicare contractor (as defined in subparagraph
(B)(ii)) because of a determination that the inpatient
admission was not medically reasonable and necessary
under section 1862(a)(1)(A), the deadline described in
this paragraph is 180 days from the date of the final
denial of such claim under part A.
``(B) Definitions.--In this paragraph:
``(i) Hospital.--The term `hospital' has
the meaning given such term in section 1861(e),
and includes a psychiatric hospital (as defined
in section 1861(f)) and a critical access
hospital (as defined in section 1861(mm)(1)).
``(ii) Medicare contractor.--The term
`Medicare contractor' has the meaning given
such term under section 1889(g), and includes a
recovery audit contractor with a contract under
section 1893(h).
``(iii) Final denial.--The term `final
denial' means--
``(I) in the case that a hospital
elects not to appeal a denial described
in subparagraph (A) by a Medicare
contractor, the date of such denial; or
``(II) in the case that a hospital
elects to appeal a such a denial, the
date on which such appeal is
exhausted.''.
(2) Conforming amendments.--
(A) Section 1835(a)(1) of the Social Security Act
(42 U.S.C. 1395n(a)(1)) is amended by inserting ``or,
in the case of a claim described in section
1842(b)(20), the no later than the deadline described
in such paragraph'' after ``the date of service''.
(B) Section 1842(b)(3)(B) of the Social Security
Act (42 U.S.C. 1395u(b)(3)(B)) is amended in the flush
language following clause (ii) by inserting ``or, in
the case of a claim described in section 1842(b)(20),
the no later than the deadline described in such
paragraph'' after ``the date of service''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply to claims submitted under part B of title XVIII of
the Social Security Act for hospital services for which there
was a previous claim submitted under part A as inpatient
hospital services or inpatient critical access hospital
services that was subject to a final denial (as defined in
paragraph (20)(B)(iii) of section 1842(b) of such Act (42
U.S.C. 1395u(b)) on or after such date of enactment.
(c) Medical Documentation Considered for Medical Necessity Reviews
of Claims for Inpatient Hospital Services.--Section 1862(a) of the
Social Security Act (42 U.S.C. 1395y(a)) is amended by adding at the
end the following new sentence: ``A determination under paragraph (1)
of whether inpatient hospital services or inpatient critical access
hospital services furnished to an individual on or after the date of
the enactment of this sentence are reasonable and necessary shall be
based solely upon information available to the admitting physician at
the time of the inpatient admission of the individual for such
inpatient services, as documented in the medical record.'' | Medicare Audit Improvement Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) with respect to the practices of recovery audit contractors (RACs) under the Medicare program fin identifying underpayments and overpayments and recouping overpayments. Incentive payments to a RAC for recovery activities are prohibited for FY2015 and subsequent fiscal years. Payments for recovery activities shall be reduced, according to a sliding scale established by the Secretary of Health and Human Services, to any RAC with a complex audit denial rate at the end of a fiscal year, determined pursuant to a specified formula, that is .1% or greater. The one-year timely filing limit for certain rebilled SSAct title XVIII part B (Supplementary Medical Insurance) claims is eliminated, extending the deadline for the rebill to 180 days after final denial of the claim. A determination of whether inpatient hospital services or inpatient critical access hospital services furnished to an individual are reasonable and necessary shall now be based solely on information available to the admitting physician at the time of the inpatient admission of the individual for such services, as documented in the medical record. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Budgeting Act''.
TITLE I--DISCRETIONARY SPENDING LIMITS
SEC. 101. DISCRETIONARY SPENDING LIMITS.
Title III of the Congressional Budget Act of 1974 is amended by
inserting at the end the following:
``discretionary spending limits
``Sec. 316. (a) Discretionary Spending Limits.--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 the discretionary spending limits as set
forth in subsection (b) to be exceeded.
``(b) Limits.--The discretionary spending limits are as follows:
``(1) For fiscal year 2010--
``(A) for defense, $556,128,000,000 in budget
authority; and
``(B) for nondefense, $670,108,000,000 in budget
authority.
``(2) For fiscal year 2011--
``(A) for defense, $564,293,000,000 in budget
authority; and
``(B) for nondefense, $593,769,000,000 in budget
authority.
``(3) For fiscal year 2012--
``(A) for defense, $573,612,000,000 in budget
authority; and
``(B) for nondefense, $597,461,000,000 in budget
authority.
``(4) For fiscal year 2013--
``(A) for defense, $584,421,000,000 in budget
authority; and
``(B) for nondefense, $605,156,000,000 in budget
authority.
``(5) For fiscal year 2014--
``(A) for defense, $598,249,000,000 in budget
authority; and
``(B) for nondefense, $615,110,000,000 in budget
authority.
``(c) Point of Order in the Senate.--
``(1) Waiver.--The provisions of this section shall be
waived or suspended in the Senate only--
``(A) by the affirmative vote of two-thirds of the
Members, duly chosen and sworn; or
``(B) in the case of the defense budget authority,
if Congress declares war.
``(2) Appeal.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the measure. An
affirmative vote of two-thirds of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal
of the ruling of the Chair on a point of order raised under
this section.''.
TITLE II--PAY-AS-YOU-GO
SEC. 201. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.
(a) In General.--Title III of the Congressional Budget Act of 1974,
as amended by section 101, is amended by inserting at the end the
following:
``pay-as-you-go
``Sec. 317. (a) Point of Order.--
``(1) In general.--It shall not be in order in the Senate
to consider any direct spending or revenue legislation that
would increase the on-budget deficit or cause an on-budget
deficit for either of the applicable time periods as measured
in paragraphs (5) and (6).
``(2) Applicable time periods.--For purposes of this
subsection, the term `applicable time period' means any 1 of
the 4 following periods--
``(A) the period of the current fiscal year;
``(B) the budget year;
``(C) the period of the 5 fiscal years following
the current fiscal year; and
``(D) the period of the 5 fiscal years following
the 5 fiscal years referred to in subparagraph (C).
``(3) Direct spending legislation.--For purposes of this
subsection and except as provided in paragraph (4), the term
`direct spending legislation' means any bill, joint resolution,
amendment, motion, or conference report that affects direct
spending as that term is defined by, and interpreted for
purposes of, the Balanced Budget and Emergency Deficit Control
Act of 1985.
``(4) Exclusion.--For purposes of this subsection, the
terms `direct spending legislation' and `revenue legislation'
do not include--
``(A) any concurrent resolution on the budget; or
``(B) any provision of legislation that affects the
full funding of, and continuation of, the deposit
insurance guarantee commitment in effect on the date of
enactment of the Budget Enforcement Act of 1990.
``(5) Methods for estimation.--Estimates prepared pursuant
to this subsection shall--
``(A) use the baseline surplus or deficit used for
the most recently adopted concurrent resolution on the
budget;
``(B) except as provided in subparagraphs (C) and
(D), be calculated under the requirements of
subsections (b) through (d) of section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 (as in effect prior to September 30, 2002) for
fiscal years beyond those covered by that concurrent
resolution on the budget; and
``(C) assume the continuation of all expiring
direct spending programs, revenue reductions, excise
taxes and customs duties.
``(b) Supermajority Waiver and Appeals.--
``(1) Waiver.--This section may be waived or suspended in
the Senate only by the affirmative vote of two-thirds of the
Members, duly chosen and sworn.
``(2) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the bill or
joint resolution, as the case may be. An affirmative vote of
two-thirds of the Members of the Senate, duly chosen and sworn,
shall be required to sustain an appeal of the ruling of the
Chair on a point of order raised under this section.
``(c) Determination of Budget Levels.--For purposes of this
section, the levels of new budget authority, outlays, and revenues for
a fiscal year shall be determined on the basis of estimates made by the
Senate Committee on the Budget.
``(d) Repeal.--In the Senate, section 201 of S. Con. Res. 21 (110th
Congress), the fiscal year 2008 concurrent resolution on the budget,
shall no longer apply.''.
(b) Table of Contents.--The table of contents set forth in section
1(b) of the Congressional Budget and Impoundment Control Act of 1974 is
amended by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Discretionary spending limits.
``Sec. 317. Pay-as-you-go.''. | Common Sense Budgeting Act - Amends the Congressional Budget Act of 1974 to make it out of order to consider in either chamber any legislation that would exceed specified discretionary spending limits.
Sets discretionary spending limits for FY2010-FY2014.
Permits waiver or suspension of such prohibition, or successful appeals from rulings of the Chair in the Senate only: (1) by an affirmative vote of two-thirds (67) of the Senate; or (2) in the case of the defense budget authority, a declaration of war by Congress.
Makes it out of order in the Senate to consider any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit for: (1) the current fiscal year; (2) the budget year; or (3) 5 to 10 ensuing fiscal years after the current fiscal year. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreational Fee Authority Act of
2002''.
SEC. 2. RECREATION FEE AUTHORITY.
(a) Definition of Secretary.--In this Act, the term ``Secretary''
means the Secretary of the Interior.
(b) Definition of Agency.--In this Act, the term ``Agency'' means
the National Park Service.
(c) In General.--Beginning in fiscal year 2003 and thereafter, the
Secretary is authorized to--
(1) establish, charge, and collect fees for the following:
(A) admission to a unit, area, or site administered
by the Agency; and
(B) the use of Agency administered areas, lands,
sites, facilities, and services (including
reservations) by individuals and/or groups;
(2) establish fair and equitable fees that are a result of
a market analysis taking the following criteria into
consideration--
(A) the benefits and services provided to the
visitor;
(B) the cumulative effect of fees charged to the
public;
(C) the comparable fees charged on other units,
areas, sites, and other public agencies;
(D) the comparable fees charged by nearby private
sector operators;
(E) the direct and indirect cost to the Government;
(F) the revenue benefits to the Government;
(G) the public policy or management objectives
served;
(H) the economic and administrative feasibility of
fee collection; and
(I) any other pertinent factors or criteria deemed
necessary by the Secretary.
(3) The Secretary shall ensure that individual park units
assess only the minimum number of fees consistently on an
agency-wide basis in order to avoid the collection of multiple
or layered fees for a wide variety of uses, activities and/or
programs.
(4) The results of the market analysis, new fees, increases
or decreases in established fees, shall be published in the
Federal Register and any change in the amount of fees shall not
take place until at least 12 months after the date the notice
is published in the Federal Register.
(d) Additional Authorities.--Beginning in fiscal year 2003 and
thereafter, the Secretary is authorized to--
(1) enter into agreements, including contracts, which
provide for reasonable commissions or reimbursements, with any
public or private entity to provide visitor reservation
services, fee collection and/or processing services;
(2) use National Park Service volunteers, as appropriate to
collect fees charged pursuant to Section 2(C);
(3) in establishing fees under this Act, the Secretary may
provide discounted or free admission days or use as deemed
appropriate by the Secretary;
(4) the Secretary may modify the National Park Passport,
established pursuant to Public Law 105-391; and
(5) the Secretary shall take such steps as may be necessary
to provide information to the visitor concerning the various
fees programs available to them and the costs and benefits of
those programs.
(e) State Agency Admission and Special Use Passes.--Beginning in
fiscal year 2003 and thereafter--
(1) notwithstanding the Federal Grants Cooperative
Agreements Act, the Secretary is authorized to enter into
revenue sharing agreements with State agencies to accept their
annual passes and convey the same privileges, terms and
conditions as offered under the auspices of the National Park
Passport, established pursuant to Public Law 105-391
(hereinafter referred to as the ``National Park Passport''), or
as Public Law 105-391 may be amended.
(2) State agency annual passes shall only be accepted for
all of the units of the National Park System within the
boundaries of the State in which the specific revenue sharing
agreement is entered into.
(3) The Secretary may enter into revenue sharing agreements
with other Federal agencies and/or Tribal governments to
establish, charge and collect fees at areas, sites or projects
located on other areas under the jurisdiction of the Secretary,
the Secretary of Agriculture and/or the specific Tribal
government in which the agreement is made.
SEC. 3. DISTRIBUTION OF RECEIPTS.
(a) In General.--
(1) The Secretary of the Treasury shall establish a special
account in the Treasury for the Agency.
(2) Amounts collected by the Agency under section 2 shall
be deposited in its special account in the Treasury and shall
remain available for expenditure without further appropriation
until expended.
(3) Amounts collected from sales of the National Park
Passport, or from revenue sharing agreements entered into under
section 2 of this Act shall be deposited in its special account
in the Treasury in accordance with guidelines established by
the Secretary of the Interior.
(b) Distribution of Fees.--The amounts deposited in the special
account established by subsection (a) shall be distributed as follows:
(1) Not less than 80 percent of amounts collected pursuant
to the Act at a specific area, site, or project as determined
by the Secretary, shall remain available for use at the
specific area, site, or project at which the fees were
collected, except that the Secretary may change the allocation
amount to not less than 60 percent of fees collected to be
returned to the area, site, or project when the Secretary
determines that site specific revenues in any given fiscal year
exceed that site's reasonable needs for that year; except that
for those units of the National Park System which participate
in an active revenue sharing agreement with a State under
section 2(e) of this Act, not less than 90 percent of amounts
collected pursuant to this Act at a specific area, site, or
project as determined by the Secretary shall remain for use at
the specific area, site, or project at which the fees were
collected.
(2) The balance of the amounts collected at a specific
area, site, or project not distributed in accordance with
paragraph (1), shall remain available for use by the Agency on
an agency-wide basis as determined by the Secretary.
(3) Monies generated as a result of revenue sharing
agreements established pursuant to section 2(e) may provide for
a fee-sharing arrangement among the parties to the revenue
sharing agreement. Agency shares of fees collected shall be
deposited and distributed as described in subsection (b)
equally to all units of the National Park System in the
specific State that are parties to the revenue sharing
agreement.
(4) Monies generated as a result of the sale of the
National Park Passport shall be distributed as follows: not
less than 50 percent of the amounts collected pursuant this
Act, as determined by the Secretary shall remain available for
use at the specific area, site, or project at which the fees
were collected, the balance of the monies generated shall be
distributed in accordance with paragraph 2 of this section.
SEC. 4. EXPENDITURES.
(a) Use of Fees at Specific Area, Site, or Project.--Amounts
available under section 3 of this Act for expenditure at a specific
area, site, or project shall be accounted for separately and may be
used for--
(1) repair, maintenance, facility enhancement, media
services and infrastructure including projects and expenses
relating to visitor enjoyment, visitor access, environmental
compliance, and health and safety;
(2) interpretation, visitor information, visitor service,
visitor needs assessments, monitoring, and signs;
(3) habitat enhancement, resource assessment, preservation,
protection, and restoration related to recreation use; and
(4) law enforcement relating to public use and recreation.
(b) The Secretary may use not more than fifteen percent of the
revenues derived under the authorities of this Act to administer the
recreation fee program including direct operating or capital costs,
cost of fee collection, notification of fee requirements, direct
infrastructure, fee program management costs, bonding of volunteers,
start-up costs, and analysis and reporting on program accomplishments
and impacts.
SEC. 5. REPORTS.
(a) Once every three years after the enactment of this Act the
Secretary shall submit to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Resources of the
United States House of Representatives a report detailing the status of
the Recreation Fee Program conducted in units of the National Park
System:
(1) the report under this section shall contain an
evaluation of the Recreation Fee Program conducted at each unit
of the National Park System;
(2) with respect to each unit of the National Park System
where a fee is charged under the authorities granted by this
Act, a description of projects that were funded, work
accomplished, and a description of future projects and programs
identified for funding with monies expected to be generated
under the authorities granted by this Act; and
(3) any recommendations for changes in the overall fee
system along with any justification as appropriate.
SEC. 6. REGULATIONS.
The Secretary may promulgate such rules and regulations as may be
necessary to implement this Act. | Recreational Fee Authority Act of 2002 - Authorizes the Secretary of the Interior to establish and collect fees for: (1) admission to a unit, area, or site administered by the National Park Service (NPS); and (2) the use of NPS administered areas, lands, sites, facilities, and services. Sets forth considerations for establishment of fair and equitable fees, including the Government's costs and revenues and the cumulative effect of fees charged to the public.Authorizes the Secretary to: (1) enter into agreements that provide for reasonable commissions or reimbursements with public or private entities to provide visitor reservation services and fee collection and/or processing services; (2) use NPS volunteers to collect fees; (3) modify the National Park Passport; (4) enter into revenue sharing agreements with State agencies to accept their annual passes for NPS units within the State and convey the same privileges, terms, and conditions as offered under the National Park Passport; and (5) enter into agreements with other Federal agencies and/or tribal governments to establish and collect fees at areas, sites, or projects located on other areas under the jurisdiction of the Secretary, the Secretary of Agriculture, and/or the tribal government.Requires: (1) fees collected by NPS to be deposited into a special Treasury account; (2) at least 80 percent of the fees collected at an area, site, or project to remain available for use at that area, site, or project (with specified exceptions); (3) at least 50 percent of the fees collected as a result of the sale of the National Park Passport to remain available for use at the area where they were collected; and (4) not more than 15 percent of the derived revenues to be used to administer the recreation fee program. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduate Medical Education Trust
Fund Act of 1996''.
SEC. 2. TEACHING HOSPITAL AND GRADUATE MEDICAL EDUCATION TRUST FUND.
(a) In General.--The Social Security Act (42 U.S.C. 300 et seq.) is
amended by adding at the end the following title:
``TITLE XXI--TEACHING HOSPITAL AND GRADUATE MEDICAL EDUCATION TRUST
FUND
``Part A--Establishment of Fund
``SEC. 2101. ESTABLISHMENT OF FUND.
``(a) In General.--There is established in the Treasury of the
United States a fund to be known as the Teaching Hospital and Graduate
Medical Education Trust Fund (in this title referred to as the `Fund'),
consisting of amounts transferred to the Fund under subsection (c),
amounts appropriated to the Fund pursuant to subsections (d) and
(e)(3), and such gifts and bequests as may be deposited in the Fund
pursuant to subsection (f). Amounts in the Fund are available until
expended.
``(b) Expenditures From Fund.--Amounts in the Fund are available to
the Secretary for making payments under section 2111.
``(c) Transfers to Fund.--
``(1) In general.--From the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, the Secretary shall, for fiscal year 1998 and each
subsequent fiscal year, transfer to the Fund an amount
determined by the Secretary for the fiscal year involved in
accordance with paragraph (2).
``(2) Determination of amounts.--For purposes of paragraph
(1), the amount determined under this paragraph for a fiscal
year is an estimate by the Secretary of an amount equal to 75
percent of the difference between--
``(A) the nationwide total of the amounts that
would have been paid under section 1876 during the year
but for the operation of subsection (a)(1)(C)(ii)(II)
of such section; and
``(B) the nationwide total of the amounts paid
under such section during the year.
``(3) Allocation between medicare trust funds.--In
providing for a transfer under paragraph (1) for a fiscal year,
the Secretary shall provide for an allocation of the amounts
involved between part A and part B of title XVIII (and the
trust funds established under the respective parts) as
reasonably reflects the proportion of payments for the indirect
costs of medical education and direct graduate medical
education costs of hospitals associated with the provision of
services under each respective part.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary for each of the
fiscal years 1997 through 2003.
``(e) Investment.--
``(1) In general.--The Secretary of the Treasury shall
invest such amounts of the Fund as such Secretary determines
are not required to meet current withdrawals from the Fund.
Such investments may be made only in interest-bearing
obligations of the United States. For such purpose, such
obligations may be acquired on original issue at the issue
price, or by purchase of outstanding obligations at the market
price.
``(2) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
``(3) Availability of income.--Any interest derived from
obligations acquired by the Fund, and proceeds from any sale or
redemption of such obligations, are hereby appropriated to the
Fund.
``(f) Acceptance of Gifts and Bequests.--The Fund may accept on
behalf of the United States money gifts and bequests made
unconditionally to the Fund for the benefit of the Fund or any activity
financed through the Fund.
``Part B--Payments to Teaching Hospitals
``SEC. 2111. FORMULA PAYMENTS TO TEACHING HOSPITALS.
``(a) In General.--In the case of each teaching hospital that in
accordance with subsection (b) submits to the Secretary a payment
document for fiscal year 1997 or any subsequent fiscal year, the
Secretary shall make payments for the year to the teaching hospital for
the direct and indirect costs of operating approved medical residency
training programs. Such payments shall be made from the Fund, and shall
be made in accordance with a formula established by the Secretary.
``(b) Payment Document.--For purposes of subsection (a), a payment
document is a document containing such information as may be necessary
for the Secretary to make payments under such subsection to a teaching
hospital for a fiscal year. The document is submitted in accordance
with this subsection if the document is submitted not later than the
date specified by the Secretary, and the document is in such form and
is made in such manner as the Secretary may require. The Secretary may
require that information under this subsection be submitted to the
Secretary in periodic reports.''.
(b) Adjustments in Medicare Payments.--
(1) Removal of medical education and disproportionate share
hospital payments from calculation of adjusted average per
capita cost.--Section 1876(a)(1)(C) of such Act (42 U.S.C.
1395mm(a)(1)(C)) is amended--
(A) by striking ``(C) The annual'' and inserting
``(C)(i) Subject to clause (ii), the annual'', and
(B) by adding at the end the following new clause:
``(ii) In determining the average annual per capita rate of payment
for a year (beginning with 1998), such rate shall be determined as
though the Secretary had excluded from such rate any amounts which the
Secretary estimated would have been payable under this title during the
year for--
``(I) payment adjustments under section 1886(d)(5)(F) for
hospitals serving a disproportionate share of low-income
patients; and
``(II) the indirect costs of medical education under
section 1886(d)(5)(B) or for direct graduate medical education
costs under section 1886(h).''.
(2) Payments to hospitals of amounts attributable to dsh.--
Section 1886 of such Act (42 U.S.C. 1395ww) is amended by
adding at the end the following new subsection:
``(j)(1) In addition to amounts paid under subsection (d)(5)(F),
the Secretary is authorized to pay hospitals which are eligible for
such payments for a fiscal year (beginning with fiscal year 1998)
supplemental amounts that do not exceed the limit provided for in
paragraph (2).
``(2) The sum of the aggregate amounts paid pursuant to paragraph
(1) for a fiscal year shall not exceed the Secretary's estimate of 75
percent of the amount of reductions in payments under section 1876 that
are attributable to the operation of subsection (a)(1)(C)(ii)(I) of
such section during such fiscal year.''.
SEC. 3. NATIONAL ADVISORY COUNCIL ON POSTGRADUATE MEDICAL EDUCATION.
(a) In General.--There is established within the Department of
Health and Human Services an advisory council to be known as the
National Advisory Council on Postgraduate Medical Education (in this
section referred to as the ``Council'').
(b) Duties.--The Council shall provide advice to the Secretary on
appropriate policies for making payments for the support of
postgraduate medical education in order to assure an adequate supply of
physicians trained in various specialities, consistent with the health
care needs of the United States.
(c) Composition.--
(1) In general.--The Secretary shall appoint to the Council
15 individuals who are not officers or employees of the United
States. Such individuals shall include not less than 1
individual from each of the following categories of individuals
or entities:
(A) Organizations representing consumers of health
care services.
(B) Physicians who are faculty members of medical
schools, or who supervise approved physician training
programs.
(C) Physicians in private practice who are not
physicians described in subparagraph (B).
(D) Practitioners in public health.
(E) Advanced-practice nurses.
(F) Other health professionals who are not
physicians.
(G) Medical schools.
(I) Teaching hospitals.
(J) The Accreditation Council on Graduate Medical
Education.
(K) The American Board of Medical Specialities.
(L) The Council on Postdoctoral Training of the
American Osteopathic Association.
(M) The Council on Podiatric Medical Education of
the American Podiatric Medical Association.
(2) Requirements regarding representative membership.--To
the greatest extent feasible, the membership of the Council
shall represent the various geographic regions of the United
States, shall reflect the racial, ethnic, and gender
composition of the population of the United States, and shall
be broadly representative of medical schools and teaching
hospitals in the United States.
(3) Ex officio members; other federal officers or
employees.--The membership of the Council shall include
individuals designated by the Secretary to serve as members of
the Council from among Federal officers or employees who are
appointed by the President, or by the Secretary (or by other
Federal officers who are appointed by the President with the
advice and consent of the Senate). Individuals designated under
the preceding sentence shall include each of the following
officials (or a designee of the official):
(A) The Secretary of Health and Human Services.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(d) Chair.--The Secretary shall, from among members of the Council
appointed under subsection (c)(1), designate an individual to serve as
the chair of the Council.
(e) Termination.--The Council terminates December 31, 2000. | Graduate Medical Education Trust Fund Act of 1996 - Amends the Social Security Act (SSA) to add a new title XXI (Teaching Hospital and Graduate Medical Education Trust Fund), which establishes in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund for formula payments to teaching hospitals for the direct and indirect costs of operating approved medical residency training programs. Authorizes appropriations.
Provides for certain adjustments in Medicare payments under SSA title XVIII, removing medical education and disproportionate share hospital payments from calculation of adjusted average per capita cost.
Establishes within the Department of Health and Human Services a National Advisory Council on Postgraduate Medical Education to advise the Secretary on appropriate policies for making postgraduate medical education support payments in order to assure an adequate supply of physicians trained in various specialties, consistent with the health care needs of the United States. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Quality Incentive Act of
2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Recent research on early brain development reveals that
much of a child's growth is determined by early learning and
nurturing care. Research also shows that quality early care and
education leads to increased cognitive abilities, positive
classroom learning behavior, increased likelihood of long-term
school success, and greater likelihood of long-term economic
and social self-sufficiency.
(2) Each day an estimated 13,000,000 children, including
6,000,000 infants and toddlers, spend some part of their day in
child care. However, a study in 4 States found that only 1 in 7
child care centers provide care that promotes healthy
development, while 1 in 8 child care centers provide care that
threatens the safety and health of children.
(3) Full-day child care can cost $4,000 to $12,000 per
year.
(4) Although Federal assistance is available for child
care, funding is severely limited. Even with Federal subsidies,
many families cannot afford child care. For families with young
children and a monthly income under $1,200, the cost of child
care typically consumes 25 percent of their income.
(5) Payment (or reimbursement) rates, which determine the
maximum the State will reimburse a child care provider for the
care of a child who receives a subsidy, are too low to ensure
that quality care is accessible to all families.
(6) Low payment rates directly affect the kind of care
children get and whether families can find quality child care
in their communities. In many instances, low payment rates
force child care providers serving low-income children to cut
corners in ways that impact the quality of care for the
children, including reducing the number of staff, eliminating
professional development opportunities, and cutting enriching
educational activities and services.
(7) Children in low-quality child care are more likely to
have delayed reading and language skills, and display more
aggression toward other children and adults.
(8) Increased payment rates lead to higher quality child
care as child care providers are able to attract and retain
qualified staff, provide salary increases and professional
training, maintain a safe and healthy environment, and purchase
basic supplies, children's literature, and developmentally
appropriate educational materials.
(b) Purpose.--The purpose of this Act is to improve the quality of,
and access to, child care by increasing child care payment rates.
SEC. 3. PAYMENT RATES.
Section 658E(c)(4) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858c(c)(4)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) in subparagraph (A), by striking ``to comparable child
care services'' and inserting ``to child care services that are
comparable (in terms of quality and types of services provided)
to child care services''; and
(3) by inserting after subparagraph (A) the following:
``(B) Payment rates.--
``(i) Surveys.--In order to provide the
certification described in subparagraph (A),
the State shall conduct statistically valid and
reliable market rate surveys (that reflect
variations in the cost of child care services
by locality), in accordance with such
methodology standards as the Secretary shall
issue. The State shall conduct the surveys not
less often than at 2-year intervals, and use
the results of such surveys to implement, not
later than 1 year after conducting each survey,
payment rates described in subparagraph (A)
that ensure equal access to comparable services
as required by subparagraph (A).
``(ii) Cost of living adjustments.--The
State shall adjust the payment rates at
intervals between such surveys to reflect
increases in the cost of living, in such manner
as the Secretary may specify.
``(iii) Rates for different ages and types
of care.--The State shall ensure that the
payment rates reflect variations in the cost of
providing child care services for children of
different ages and providing different types of
care.
``(iv) Public dissemination.--The State
shall, not later than 30 days after the
completion of each survey described in clause
(i), make the results of the survey widely
available through public means, including
posting the results on the Internet.''.
SEC. 4. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
(a) Funding.--Section 658B of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858) is amended--
(1) by striking ``There'' and inserting the following:
``(a) Authorization of Appropriations.--There'';
(2) in subsection (a), by inserting ``(other than section
658H)'' after ``this subchapter''; and
(3) by adding at the end the following:
``(b) Appropriation of Funds for Grants To Improve the Quality of
Child Care.--Out of any funds in the Treasury that are not otherwise
appropriated, there is authorized to be appropriated and there is
appropriated $500,000,000 for each of fiscal years 2004 through 2008,
for the purpose of making grants under section 658H.''.
(b) Use of Block Grant Funds.--Section 658E(c)(3) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is
amended--
(1) in subparagraph (B), by striking ``under this
subchapter'' and inserting ``under this subchapter (other than
section 658B(b))''; and
(2) in subparagraph (D), by inserting ``(other than section
658H)'' after ``under this subchapter''.
(c) Establishment of Program.--Section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by
inserting ``(other than section 658H)'' after ``this subchapter''.
(d) Grants To Improve the Quality of Child Care.--The Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is
amended by inserting after section 658G the following:
``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
``(a) Authority.--
``(1) In general.--The Secretary shall use the amount
appropriated under section 658B(b) for a fiscal year to make
grants to eligible States, and Indian tribes and tribal
organizations, in accordance with this section.
``(2) Annual payments.--The Secretary shall make an annual
payment for such a grant to each eligible State, and for Indian
tribes and tribal organizations, out of the corresponding
payment or allotment made under subsections (a), (b), and (e)
of section 658O from the amount appropriated under section
658B(b).
``(b) Eligible States.--
``(1) In general.--In this section, the term `eligible
State' means a State that--
``(A) has conducted a statistically valid survey of
the market rates for child care services in the State
within the 2 years preceding the date of the submission
of an application under paragraph (2); and
``(B) submits an application in accordance with
paragraph (2).
``(2) Application.--
``(A) In general.--To be eligible to receive a
grant under this section, a State shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information, in
addition to the information required under subparagraph
(B), as the Secretary may require.
``(B) Information required.--Each application
submitted for a grant under this section shall--
``(i) detail the methodology and results of
the State market rates survey conducted
pursuant to paragraph (1)(A);
``(ii) describe the State's plan to
increase payment rates from the initial
baseline determined under clause (i);
``(iii) describe how the State will
increase payment rates in accordance with the
market survey results, for all types of child
care providers who provide services for which
assistance is made available under this
subchapter;
``(iv) describe how payment rates will be
set to reflect the variations in the cost of
providing care for children of different ages
and different types of care;
``(v) describe how the State will
prioritize increasing payment rates for--
``(I) care of higher-than-average
quality, such as care by accredited
providers or care that includes the
provision of comprehensive services;
``(II) care for children with
disabilities and children served by
child protective services; or
``(III) care for children in
communities served by local educational
agencies that have been identified
for improvement under section 1116(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(c)(3));
``(vi) describe the State's plan to assure
that the State will make the payments on a
timely basis and follow the usual and customary
market practices with regard to payment for
child absentee days; and
``(vii) describe the State's plans for
making the results of the survey widely
available through public means.
``(3) Continuing eligibility requirement.--
``(A) Second and subsequent payments.--A State
shall be eligible to receive a second or subsequent
annual payment under this section only if the Secretary
determines that the State has made progress, through
the activities assisted under this subchapter, in
maintaining increased payment rates.
``(B) Third and subsequent payments.--A State shall
be eligible to receive a third or subsequent annual
payment under this section only if the State has
conducted, at least once every 2 years, an update of
the survey described in paragraph (1)(A).
``(4) Requirement of matching funds.--
``(A) In general.--To be eligible to receive a
grant under this section, the State shall agree to make
available State contributions from State sources toward
the costs of the activities to be carried out by the
State pursuant to subsection (c) in an amount that is
not less than 20 percent of such costs.
``(B) Determination of state contributions.--Such
State contributions shall be in cash. Amounts provided
by the Federal Government may not be included in
determining the amount of such State contributions.
``(c) Use of Funds.--
``(1) Priority use.--An eligible State that receives a
grant under this section shall use the funds received to
significantly increase the payment rate for the provision of
child care assistance in accordance with this subchapter up to
the 100th percentile of the market rate determined under the
market rate survey described in subsection (b)(1)(A).
``(2) Additional uses.--An eligible State that demonstrates
to the Secretary that the State has achieved a payment rate of
the 100th percentile of the market rate determined under the
market rate survey described in subsection (b)(1)(A) may use
funds received under a grant made under this section for any
other activity that the State demonstrates to the Secretary
will enhance the quality of child care services provided in the
State.
``(3) Supplement not supplant.--Amounts paid to a State
under this section shall be used to supplement and not supplant
other Federal, State, or local funds provided to the State
under this subchapter or any other provision of law.
``(d) Evaluations and Reports.--
``(1) State evaluations.--Each eligible State shall submit
to the Secretary, at such time and in such form and manner as
the Secretary may require, information regarding the State's
efforts to increase payment rates and the impact increased
payment rates are having on the quality of child care in the
State and the access of parents to high-quality child care in
the State.
``(2) Reports to congress.--The Secretary shall submit
biennial reports to Congress on the information described in
paragraph (1). Such reports shall include data from the
applications submitted under subsection (b)(2) as a baseline
for determining the progress of each eligible State in
maintaining increased payment rates.
``(e) Indian Tribes and Tribal Organizations.--The Secretary shall
determine the manner in which and the extent to which the provisions of
this section apply to Indian tribes and tribal organizations.
``(f) Payment Rate.--In this section, the term `payment rate' means
the rate of reimbursement to providers for subsidized child care.''.
(e) Payments.--Section 658J(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h(a)) is amended by inserting
``from funds appropriated under section 658B(a)'' after ``section
658O''.
(f) Allotment.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (b)(1), in the matter preceding
subparagraph (A)--
(A) by striking ``section 658B'' and inserting
``section 658B(a)''; and
(B) by inserting ``and from the amounts
appropriated under section 658B(b) for each fiscal year
remaining after reservations under subsection (a),''
before ``the Secretary shall allot''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the allotment
under subsection (b)'' and inserting ``an allotment
made under subsection (b)''; and
(B) in paragraph (3), by inserting
``corresponding'' before ``allotment''. | Child Care Quality Incentive Act of 2003 - Amends the Child Care and Development Block Grant Act of 1990 to revise requirements relating to child care payment rates.Requires States to conduct market rate surveys, at least once every two years, to determine their child care payment rates under the block grant program, including cost-of-living adjustments and consideration of variations in localities, children's ages, and types of services.Establishes a program of incentive grants to States and Indian tribes to improve the quality of, and access to, child care by increasing child care payment rates. Makes separate appropriations for such incentive grants in specified amounts for FY 2004 through FY 2008 (prohibiting use of block grant funds for such incentive grants).Authorizes the Secretary of Health and Human Services to make an annual incentive grant payment to an eligible State only if the State has conducted a statistically valid survey of the market rates for child care services in the State within the two years before it submits an application containing information on such survey and the State's plans to increase its child care payment rates. Requires an eligible State that receives such a grant to make priority use of its funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care (with any remaining funds to be used to improve the quality of child care services). Requires a State matching contribution of at least 20 percent of incentive grant program activity costs. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Gunrunning Act of 2001''.
SEC. 2. PREVENTING GUN TRAFFICKING BY RESTRICTING HANDGUN TRANSFERS TO
ONE PER MONTH.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(z)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce;
``(D) the illegal movement of firearms, and handguns in
particular, across state lines is a widespread and pervasive
national problem;
``(E) handguns (even when lawfully purchased) are
unlawfully transported across state lines by gun traffickers
and are illegally sold to prohibited persons;
``(F) in fact, even before a firearm is illegally sold by a
trafficker, the gun, its component parts, ammunition, and the
raw materials from which it is made have moved in interstate
commerce;
``(G) law-abiding persons may fear to travel interstate or
to or through certain parts of the country due to concern about
violent crime and gun violence;
``(H) the illegal movement of handguns across state lines
substantially affects the national market for firearms, because
handguns sold in one State in which there are few restrictions
provide a convenient source for the acquisition of handguns by
gun traffickers who transport the handguns to jurisdictions
with stronger restrictions;
``(I) the unlawful sale of firearms by traffickers provides
a method by which firearms can be bought and sold anonymously,
without background checks and without record-keeping
requirements to enable gun tracing;
``(J) handguns sold by traffickers are often obtained by
criminals and other prohibited persons who frequently use guns
that cannot be traced to commit crimes;
``(K) handgun violence is a pervasive, national problem
that is exacerbated by the availability of handguns through gun
traffickers;
``(L) firearms from traffickers have been involved in
subsequent crimes including drug offenses, crimes of violence,
property crimes, and illegal possession by felons and other
prohibited persons;
``(M) because gun trafficking is often an interstate
activity, individual States and localities are often severely
hampered in combating illegal handgun purchases--even States
and localities that have made strong efforts to prevent,
detect, and punish gun-related crime and illegal trafficking of
firearms--as a result of the failure or inability of other
States or localities to take strong measures; and
``(N) the Congress has the power, under the interstate
commerce clause and other provisions of the Constitution, to
ensure, by enactment of this section, that criminals and other
prohibited persons do not obtain firearms through gun
traffickers.
``(2) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer--
``(A) during any 30-day period, to sell, deliver or
transfer 2 or more handguns to any single person (other than a
licensed importer, licensed manufacturer, or licensed dealer),
or
``(B) to sell, deliver or transfer a handgun to any single
person (other than a licensed importer, licensed manufacturer,
or licensed dealer), knowing or having reasonable cause to
believe that the transferee has already received one or more
handguns within the previous 30 days.
``(3)(A) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, or licensed dealer) to receive more
than one handgun within any 30-day period.
``(B) Under such rules and regulations as the Secretary shall
prescribe, subparagraph (A) shall not apply to the loan or rental of a
single handgun solely for purposes of target shooting, provided that
the recipient possesses no more than one such loaned or rented handgun
at any one time.
``(4) Under such rules and regulations as the Secretary shall
prescribe, paragraphs (2) and (3) shall not apply to--
``(A) handguns transferred to or received by qualified
private security companies licensed to do business within the
State where the transfer occurs for use by the company in its
security operations, provided that any handgun transferred
under this subsection is transferred through a licensed dealer
located in the State where the security company is licensed to
do business;
``(B) the disposition made of a handgun delivered to a
person licensed under section 923 for the sole purpose of
repair or customizing when such handgun or a replacement
handgun of the same kind and type is returned to the person
from whom it was received;
``(C) the loan or rental of a single handgun from a person
licensed under section 923, provided that the recipient
possesses no more than one such loaned or rented handgun at any
one time;
``(D) the redemption of pawned handguns from a person
licensed under section 923 by the person from whom the handguns
were received;
``(E) the receipt of curio or relic handguns by a licensed
collector;
``(F) the receipt of a single handgun from a person
licensed under section 923 to replace a lost or stolen handgun
of the same kind or type, where the transferee has submitted to
the licensee a copy of an official police report establishing
the loss or theft of a handgun or handguns;
``(G) the transfer of handguns by bequest;
``(H) the transfer of handguns to the transferor's spouse,
child, parent, stepparent, grandparent, grandchild, brother, or
sister; or
``(I) the transfer of all or part of a personal firearms
collection (as that term is defined in regulations to be
prescribed by the Secretary) that includes handguns, provided
that the handguns in the collection are transferred through a
licensed importer, manufacturer, or dealer located in the State
where the transferee resides.''.
(b) Penalties.--Section 924(a)(2) of such title is amended by
striking ``or (o)'' and inserting ``(o), or (z)''.
(c) Increased Penalties for Licensees Who Knowingly Make False
Statements in Required Records.--
(1) Section 924(a)(3) of such title is amended--
(A) by striking ``(A)'';
(B) by striking ``or'' after ``chapter'';
(C) by striking subsection (B); and
(D) by striking ``one year'' and inserting ``5
years''.
(2) Section 924(a) of such title is amended by adding at
the end the following:
``(7) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly violates section
922(m) shall be fined under this title, imprisoned not more than 1
year, or both.''.
(d) Conforming Changes to the Brady Law.--Section 922(t) of such
title is amended--
(1) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)'';
(2) in paragraph (2), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)'';
(3) in paragraph (3), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively;
(4) in paragraph (4), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)''; and
(5) by adding at the end the following:
``(10) A licensee must, within three days of receiving a request
from the prospective transferee, notify the national instant criminal
background check system of any background check conducted pursuant to
this section within the previous 30 days that did not result in the
transfer of a handgun.
``(11) Information that is retained pursuant to Public Law 103-159
may be used to effectuate section 922(z) of this title.''.
(e) Effective Date.--The Secretary of the Treasury, in consultation
with the Attorney General, shall determine, and publish in the Federal
Register, the date on which this section shall become effective.
(f) Deadlines for Destruction of Records Related to Certain
Firearms Transfers.--
(1) Handgun transfers subject to the waiting period.--
Section 922(s)(6)(B)(i) of such title is amended by striking
``20 business days'' and inserting ``35 calendar days''.
(2) Firearms transfers subject to instant check.--Section
922(t)(2)(C) of such title is amended by inserting ``within 35
calendar days after the date the system provides the licensee
with the number,''. | Anti-Gunrunning Act of 2001 - Amends the Brady Handgun Violence Prevention Act to prohibit any licensed firearms importer, manufacturer, or dealer from selling, delivering, or transferring: (1) two or more handguns to any single person (other than a licensed importer, manufacturer, or dealer) during any 30-day period; or (2) a handgun knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days. Prohibits an unlicensed individual from receiving more than one handgun within any 30-day period. Specifies exceptions.Provides for imprisonment for up to five years (currently, one year) of a licensed dealer, importer, manufacturer, or collector knowingly making any false statement in connection with required firearms records.Extends the deadline for the destruction of records relating to handgun transfers subject to the waiting period from 20 business days to 35 calendar days after the date the transferee made the statement on the basis of which notice of the transaction was provided to the chief law enforcement officer of the transferee's place of residence. Requires the national instant criminal background check system, if receipt of a firearm would not violate Federal or State law, to destroy records relating to the person or the transfer within 35 calendar days after the system provides the licensee with the identification number unique to the transfer. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mutual Holding Company Beneficial
Owners' Protection Act of 2009''.
SEC. 2. APPROVAL OF STOCK BENEFIT PLANS BY SHAREHOLDERS OF SAVINGS
ASSOCIATIONS.
Section 10(o) of the Home Owners' Loan Act (U.S.C. 1467a(o)) is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) Approval by public shareholders.--
``(A) In general.--No savings association or
savings and loan holding company that is a subsidiary,
directly or indirectly, of a mutual holding company
may--
``(i) establish or implement any plan to
award stock options or to provide stock or any
interest therein as compensation or benefits
to--
``(I) the management or employees
of such association or savings and loan
holding company; or
``(II) to the management or
employees of any affiliate of such
association or company; or
``(ii) amend any plan of such savings
association or savings and loan holding company
for any purpose described in clause (i),
without the approval of such plan or amendment by a
majority of the total votes eligible to be cast for
such plan or amendment, other than the votes eligible
to be cast by such mutual holding company or any
subsidiary of the company.
``(B) Compliance.--Any provision of the charter or
bylaws of a savings association, savings and loan
holding company, or mutual holding company which has
the effect of excluding or preventing votes required
under subparagraph (A) with respect to the approval of
a plan or amendment shall be void and unenforceable.''.
SEC. 3. APPROVAL OF STOCK BENEFIT PLANS BY SHAREHOLDERS OF INSURED
DEPOSITORY INSTITUTIONS.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following new subsection:
``(y) Method of Approval of Stock Benefit Plans by Subsidiaries of
Mutual Holding Companies.--
``(1) In general.--No insured depository institution that
is a subsidiary, directly or indirectly, of a mutual holding
company may--
``(A) establish or implement any plan to award
stock options or to provide stock or any interest
therein as compensation or benefits to--
``(i) the management or employees of such
depository institution or company; or
``(ii) to the management or employees of
any affiliate of such depository institution or
company; or
``(B) amend any plan of such insured depository
institution for any purpose described in subparagraph
(A),
without the approval of such plan or amendment by a majority of
the total votes eligible to be cast for such plan or amendment,
other than the votes eligible to be cast by such mutual holding
company or any subsidiary of the company.
``(2) Compliance.--Any provision of the charter or bylaws
of a insured depository institution or mutual holding company
which has the effect of excluding or preventing votes required
under paragraph (1) with respect the approval of a plan or
amendment shall be void and unenforceable.
``(3) Mutual holding company defined.--For the purposes of
this subsection, the term `mutual holding company' means a
corporation organized as a mutual holding company and operating
in mutual form.''.
SEC. 4. APPROVAL OF STOCK BENEFIT PLANS BY SHAREHOLDERS OF MUTUAL BANK
HOLDING COMPANY SUBSIDIARIES.
Section 3(g) of the Bank Holding Company Act (12 U.S.C. 1842(g)) is
amended by adding at the end the following new paragraph:
``(3) Approval by public shareholders.--
``(A) In general.--Notwithstanding paragraph (2),
no bank holding company that is a subsidiary, directly
or indirectly, of a mutual holding company may--
``(i) establish or implement any plan to
award stock options or to provide stock or any
interest therein as compensation or benefits
to--
``(I) the management or employees
of such bank holding company
subsidiary; or
``(II) to the management or
employees of any affiliate of such bank
holding company subsidiary; or
``(ii) amend any plan of such bank holding
company subsidiary for any purpose described in
subparagraph (A),
without the approval of such plan or amendment by a
majority of the total votes eligible to be cast for
such plan or amendment, other than the votes eligible
to be cast by such mutual holding company or any
subsidiary of the company.
``(B) Compliance.--Any provision of the charter or
bylaws of a bank holding company or mutual holding
company which has the effect of excluding or preventing
votes required under subparagraph (A) with respect to
the approval of a plan or amendment shall be void and
unenforceable.''. | Mutual Holding Company Beneficial Owners' Protection Act of 2009 - Amends the Home Owners' Loan Act, the Federal Deposit Insurance Act, and the Bank Holding Company Act to prohibit any savings association, savings and loan holding company, insured depository institution, or bank holding company that is a subsidiary of a mutual holding company from establishing or implementing any plan (or plan amendment ) to award stock options or to provide stock or any stock interest as compensation or benefits to either management or employees, unless a majority of the total (non-mutual holding company) votes eligible to be cast for it approve.
Declares void and unenforceable any provision of the charter or bylaws of such entities which has the effect of excluding or preventing such votes. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability for Quality VA
Healthcare Act''.
SEC. 2. PILOT PROGRAM ON PHYSICAL SECURITY AT DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITIES.
(a) In General.--Beginning not later than 90 days after the date of
the enactment of this Act the Secretary of Veterans Affairs shall carry
out a pilot program to enhance the physical security of Department of
Veterans Affairs medical facilities. At the medical facilities selected
for the pilot program, the Secretary shall--
(1) ensure that alarm systems effectively notify relevant
staff in the police command and control centers and the unit
nursing stations of the facility; and
(2) require relevant medical center stakeholders to
coordinate and consult on--
(A) plans for new and renovated units; and
(B) any changes to physical security features,
including closed-circuit television cameras.
(b) Locations.--The Secretary shall select five medical facilities
of the Department to participate in the pilot program.
(c) Termination.--The pilot program shall terminate on the date
that is two years after the date on which the pilot program commences.
(d) Report.--Not later than 30 days after the termination of the
pilot program under subsection (c), the Secretary shall submit to
Congress a report on the pilot program.
SEC. 3. REPORT ON DEPARTMENT OF VETERANS AFFAIRS IMPROVEMENT OF
FACILITY ALIGNMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the findings and recommendations of the report
of the Government Accountability Office entitled ``VA Real Property: VA
Should Improve Its Efforts to Align Facilities with Veterans' Needs''.
The report submitted by the Secretary shall include the plan of the
Secretary, including a time frame for completion, to specifically
address the following recommendations:
(1) To address identified limitations to the strategic
capital investment planning process, including limitations to
scoring and approval and access to information.
(2) To assess the value of the Department of Veterans
Affairs Integrated Planning facility master plans as a
facility-planning tool, and based on conclusions contained in
the Government Accountability Office report, either discontinue
the development of such master plans or address the limitations
of such master plans.
(3) To develop and distribute guidance for Veterans
Integrated Service Networks and facilities using best practices
on how to effectively communicate with stakeholders about
alignment change.
(4) To develop and implement a mechanism to evaluate
Veterans Integrated Service Network and facility communication
efforts with stakeholders to ensure that such communication
efforts are working as intended and align with guidance and
best practices.
(b) Public Availability.--Upon submittal of the report under
subsection (a), the Secretary shall make the report publicly available
on an internet website of the Department.
SEC. 4. UPDATE OF HANDBOOK TO IMPROVE LEASING PROJECTS.
Not later than 180 days after the date of the enactment of this
Act, and not less than once every five-year period thereafter, the
Secretary of Veterans Affairs shall update the handbook of the
Department of Veterans Affairs titled ``Planning and Activating
Community Based Outpatient Clinics'', or a successor handbook, to
reflect current policies, best practices, and clarify the roles and
responsibilities of the personnel of the Department involved in the
leasing projects of the Department.
SEC. 5. IMPROVEMENT OF INSPECTIONS OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITIES AND IMPROVEMENT OF CARE FOR WOMEN
PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Veterans Affairs has policies in
place to help ensure the privacy, safety, and dignity of women
veterans when they receive care at its medical facilities.
(2) A Government Accountability Office report found many
instances of noncompliance with such policies.
(3) Women veterans are the fastest growing cohort within
the veteran community.
(4) Women serve in every branch of the Armed Forces and
represent nearly 15 percent of the members of the Armed Forces
currently serving on active duty and 18 percent of members of
the National Guard and reserve components.
(5) The number of women veterans using the medical care
provided by the Department of Veterans Affairs is expected to
increase dramatically.
(b) Sense of Congress.--It is the sense of Congress that--
(1) female veterans are put at risk by a system that is
currently designed for men; and
(2) the Department of Veterans Affairs should follow
through with commitments to ensure female veterans can access
services tailored to their needs.
(c) Improvement of Inspections of Department of Veterans Affairs
Medical Facilities and Improvement of Care for Women Provided by
Department of Veterans Affairs.--
(1) Improvement of inspections process.--The Secretary of
Veterans Affairs shall strengthen the environment of care
inspections process and oversight of such process by--
(A) expanding the list of requirements that
facility staff inspect for compliance to align with the
policy of the Veterans Health Administration;
(B) ensuring that all patient care areas of
Department medical facilities are inspected as
required;
(C) clarifying the roles and responsibilities of
Department medical facility staff responsible for
identifying and addressing compliance; and
(D) establishing a process to verify that
noncompliance information reported by facilities to the
Veterans Health Administration central office is
accurate and complete.
(2) Improvement of care for women.--
(A) Monitoring of gender-specific care services.--
To improve care for women veterans, the Secretary of
Veterans Affairs shall monitor women veterans' access
to gender-specific care services under current and
future community care contracts or agreements. Such
monitoring shall include an examination of appointment
scheduling and completion times, driving times to
appointments, and reasons appointments could not be
scheduled with community providers.
(B) Definitions.--In this subparagraph:
(i) The term ``gender-specific care
services'' means mammography, maternity care,
and gynecology.
(ii) The term ``community care contract or
agreement'' means an agreement described in
section 101(d) of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-
146), or other contract or agreement under
which the Secretary furnishes hospital care and
medical treatment to veterans at non-Department
of Veterans Affairs health care facilities.
SEC. 6. IMPROVEMENT OF DELIVERY OF CARE AT DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITIES.
(a) Wait Times.--The Secretary of Veterans Affairs shall clearly
identify measures for wait times for medical appointments in Department
of Veterans Affairs medical facilities in a manner that reduces the
likelihood of an individual misinterpreting such measures.
(b) Scheduling.--The Secretary shall ensure that the term ``patient
indicated date'' is clearly defined for purposes of the scheduling
policy of the Veterans Health Administration and in related training
documents. The Secretary shall take such steps as may be necessary to
ensure such term is correctly implemented by employees who perform
scheduling functions.
(c) Staff Availability.--
(1) Allocation; scheduling.--The Secretary shall develop a
policy requiring Department of Veterans Affairs medical
facilities to routinely assess the scheduling needs and
resources required to ensure that employees of such facilities
are allocated in such a manner as to adequately respond to the
demand for scheduling medical appointments.
(2) Recruitment and retention.--The Secretary shall develop
a strategy to improve recruitment and retention of Department
of Veterans Affairs medical providers and employees who perform
scheduling functions for Department medical facilities. Such
strategy shall be designed to ensure adequate staffing of
Department medical facilities and shall emphasize recruitment
and retention in facilities located in rural areas.
(d) Telephone Access.--The Secretary shall--
(1) ensure that all Department medical facilities provide
oversight of telephone access and implement the best practices
outlined in the Department 2015 Telephone Access and Contact
Management Improvement Guide, or a successor guide; and
(2) identify medical facilities that are using outdated
telephone technology and replace such technology with new
systems designed to improve telephone service and access to
health care.
SEC. 7. EVALUATIONS OF ORGANIZATIONAL STRUCTURE OF VETERANS HEALTH
ADMINISTRATION AND REALIGNMENT OF VETERANS INTEGRATED
SERVICE NETWORKS.
(a) Organizational Structure.--
(1) Process.--The Secretary of Veterans Affairs, acting
through the Under Secretary for Health, shall implement a
process to consistently evaluate reviews described in paragraph
(3).
(2) Matters included.--The process under paragraph (1)
shall include the following:
(A) Identification of the officials and the offices
of the Department of Veterans Affairs responsible for
evaluating and approving, and ensuring the
implementation of, recommendations made by reviews
described in paragraph (3), including--
(i) the roles of each such official and
office; and
(ii) a description of how decisions are
made and documented to approve such
implementation.
(B) A description of how recommendations made by
reviews described in paragraph (3) should be evaluated.
(C) A description of how timelines should be
established to ensure recommendations are evaluated and
implemented in a timely manner and metrics to assess
the progress made with respect to such implementation.
(3) Reviews described.--The reviews described in this
paragraph are reviews of the organizational structure of the
Veterans Health Administration conducted by the Secretary, the
Inspector General of the Department of Veterans Affairs, the
Comptroller General of the United States, the Commission on
Care established by section 202 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 128 Stat.
1773), or by an independent entity, as determined appropriate
by the Secretary.
(4) First use.--The Under Secretary shall use the process
under paragraph (1) to evaluate the results of the evaluation
conducted under subsection (b)(1). The Under Secretary shall
make any required improvements to such process based on the
lessons learned by the Under Secretary resulting from such use.
(b) Veterans Integrated Service Networks.--
(1) Evaluation.--Consistent with the report of the
Comptroller General of the United States titled ``VA Health
Care: Processes to Evaluate, Implement, and Monitor
Organizational Structure Changes Needed'' (GAO-16-803), the
Secretary, acting through the Under Secretary for Health, shall
conduct an evaluation of all the Veterans Integrated Service
Networks, including with respect to--
(A) the implementation by the Secretary of
realignments to such Networks; and
(B) identifying deficiencies to such Networks that
require corrective action.
(2) Assessment and implementation.--In accordance with
subsection (a)(4), the Under Secretary shall use the process
implemented under subsection (a) to assess the results of the
evaluation conducted under paragraph (1) and to implement
changes and other actions to improve the Veterans Integrated
Service Networks.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Under Secretary shall submit to Congress a report that
includes a description of--
(1) the process implemented under subsection (a)(1);
(2) the deficiencies identified under paragraph (1) of
subsection (b); and
(3) how the Under Secretary will carry out paragraph (2) of
such subsection.
(d) Prohibition on New Appropriations.--No additional funds are
authorized to be appropriated to carry out this section, and this
section shall be carried out using amounts otherwise made available for
such purposes.
SEC. 8. ANNUAL REPORT REGARDING THE RECRUITMENT, HIRING, AND RETENTION
OF NURSES FOR THE VETERANS HEALTH ADMINISTRATION.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Secretary of
Veterans Affairs shall publish and submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives a
report regarding efforts to recruit, hire, and retain nurses for the
Veterans Health Administration.
(b) Elements.--The report under subsection (a) shall include
details relating to--
(1) efforts to recruit, hire, and retain nurses at each
medical facility of the Department;
(2) resources provided by the Secretary to recruit, hire,
and retain nurses for the Veterans Health Administration; and
(3) recommendations for legislation the Secretary considers
appropriate.
SEC. 9. REINSTATEMENT OF REPORTING REQUIREMENT REGARDING THE DEPARTMENT
OF VETERANS AFFAIRS HEALTH PROFESSIONALS EDUCATIONAL
ASSISTANCE PROGRAM.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note) shall not apply to
the report required under section 7632 of title 38, United States Code. | Accountability for Quality VA Healthcare Act This bill directs the Department of Veterans Affairs (VA) to carry out a two-year pilot program to enhance the physical security of VA medical facilities. The VA shall periodically update its Planning and Activating Community Based Outpatient Clinics handbook to reflect current policies and clarify the responsibilities of VA leasing project personnel. The VA shall: (1) strengthen its medical facility inspection process; and (2) monitor women veterans' access to gender-specific care services under community care contracts, including appointment scheduling and completion times. The VA shall: (1) clarify measures for medical appointment wait times in a manner that reduces the likelihood of misinterpretation, (2) ensure that "patient indicated date" (the earliest date the patient needs to be seen) is clearly defined for purposes of Veterans Health Administration (VHA) scheduling and related training documents, (3) improve recruitment and retention of scheduling staff and require facilities to routinely assess scheduling and resource needs, and (4) improve telephone access at its medical facilities. The VA shall conduct evaluations of the VHA's organizational structure and the Veterans Integrated Service Networks (regional VA health care administrative areas). | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Cats and Rare Canids Act of
2009''.
SEC. 2. PURPOSES.
The purposes of this Act are to provide financial resources and to
foster international cooperation--
(1) to restore and perpetuate healthy populations of rare
felids and rare canids in the wild; and
(2) to assist in the conservation of rare felid and rare
canid populations worldwide.
SEC. 3. DEFINITIONS.
In this Act:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
8249), including appendices to that convention.
(2) Conservation.--
(A) In general.--The term ``conservation'' means
the methods and procedures necessary to bring a species
of rare felid or rare canid to the point at which there
are sufficient populations in the wild to ensure the
long-term viability of the species.
(B) Inclusions.--The term ``conservation'' includes
all activities associated with protection and
management of a rare felid or rare canid population,
including--
(i) maintenance, management, protection,
and restoration of rare felid or rare canid
habitat;
(ii) research and monitoring;
(iii) law enforcement;
(iv) community outreach and education;
(v) conflict resolution initiatives; and
(vi) strengthening the capacity of local
communities, governmental agencies,
nongovernmental organizations, and other
institutions to implement conservation
programs.
(3) Fund.--The term ``Fund'' means the Great Cats and Rare
Canids Conservation Fund established by section 4(a).
(4) IUCN red list.--The term ``IUCN Red List'' means the
Red List of Threatened Species Maintained by the World
Conservation Union.
(5) Rare canid.--
(A) In general.--The term ``rare canid'' means any
of the canid species dhole (Cuon alpinus), gray wolf
(Canis lupus), Ethiopian wolf (Canis simensis), bush
dog (Speothos venaticus), African wild dog (Lycaon
pictus), maned wolf (Chrysocyon brachyurus), and
Darwin's fox (Pseudalopex fulvipes) (including any
subspecies or population of such a species).
(B) Exclusions.--The term ``rare canid'' does not
include any subspecies or population that is native to
the area comprised of the United States and Canada or
the European Union.
(6) Rare felid.--
(A) In general.--The term ``rare felid'' means any
of the felid species lion (Panthera leo), leopard
(Panthera pardus), jaguar (Panthera onca), snow leopard
(Uncia uncia), clouded leopard (Neofelis nebulosa),
cheetah (Acinonyx jubatus), Iberian lynx (Lynx
pardina), and Borneo bay cat (Catopuma badia)
(including any subspecies or population of such a
species).
(B) Exclusions.--The term ``rare felid'' does not
include--
(i) any species, subspecies, or population
that is native to the United States; or
(ii) any tiger (Panthera tigris).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. GREAT CATS AND RARE CANIDS CONSERVATION FUND.
(a) Establishment.--There is established in the multinational
species conservation fund established under the heading ``multinational
species conservation fund'' of title I of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C.
4246), a separate account to be known as the ``Great Cats and Rare
Canids Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit in the account under subsection (c); and
(2) amounts appropriated to the account under section 7.
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines to be necessary to
provide assistance under section 5.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may use to pay
the administrative expenses of carrying out this Act not more
than the greater of--
(A) 3 percent; and
(B) $100,000.
(c) Acceptance and Use of Donations.--
(1) In general.--The Secretary may--
(A) accept and use donations to provide assistance
under section 5; and
(B) publish on the Internet website and in
publications of the Department of the Interior a notice
that the Secretary is authorized to accept and use such
donations.
(2) Use.--Amounts received by the Secretary in the form of
donations shall be transferred to the Secretary of the Treasury
for deposit in the Fund.
SEC. 5. FINANCIAL ASSISTANCE.
(a) In General.--Subject to the availability of funds and in
consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects for the conservation of rare felid and rare canids for which
project proposals are approved by the Secretary in accordance with this
section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of rare felid and canids may be submitted to the
Secretary by--
(A) any wildlife management authority of a country
that has within its boundaries any part of the range of
a rare felid or rare canid species, respectively; and
(B) any person or group with the demonstrated
expertise required for conservation in the wild of rare
felids or rare canids, respectively.
(2) Project proposals.--To be eligible for financial
assistance for a project under this Act, an applicant shall
submit to the Secretary a project proposal that includes--
(A) a concise statement of the purposes of the
project;
(B) the name of the individual responsible for
conducting the project;
(C) a description of the qualifications of the
individuals who will conduct the project;
(D) a concise description of--
(i) methods for project implementation and
outcome assessment;
(ii) staffing for the project;
(iii) the logistics of the project; and
(iv) community involvement in the project;
(E) an estimate of funds and time required to
complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the countries in
which the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(G) information regarding the source and amount of
matching funding available for the project; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to the
appropriate Federal officials; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of funds, the Secretary, after consulting with
other appropriate Federal officials, shall--
(A) ensure the proposal contains assurances that
the project will be implemented in consultation with
relevant wildlife management authorities and other
appropriate government officials with jurisdiction over
the resources addressed by the project;
(B) approve or disapprove the proposal; and
(C) provide written notification of the approval or
disapproval to--
(i) the individual or entity that submitted
the proposal;
(ii) other appropriate Federal officials;
and
(iii) each country within the borders of
which the project will take place.
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will contribute to
conservation of rare felids or rare canids in the wild by assisting
efforts--
(1) to implement conservation programs;
(2) to address the conflicts between humans and rare felids
or rare canids, respectively, that arise from competition for
the same habitat or resources;
(3) to enhance compliance with CITES, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and other
applicable laws that--
(A) prohibit or regulate the taking or trade of
rare felids and rare canids; or
(B) regulate the use and management of rare felid
and rare canid habitat;
(4) to develop sound scientific information on, or methods
for monitoring--
(A) the condition and health of rare felid or rare
canid habitat;
(B) rare felid or rare canid population numbers and
trends; and
(C) the ecological characteristics and requirements
of populations of rare felids or rare canids for which
there are little or no data;
(5) to promote cooperative projects among government
entities, affected local communities, nongovernmental
organizations, and other persons in the private sector; or
(6) to ensure that funds will not be appropriated for the
purchase or lease of land to be used as suitable habitat for
felids or canids.
(e) Project Sustainability.--In approving project proposals under
this section, the Secretary shall give preference to conservation
projects that are designed to ensure effective, long-term conservation
of rare felids and rare canids and their habitats.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects any portion of the costs of which will be provided with
matching funds.
(g) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Secretary periodic reports (at such intervals as the Secretary
considers necessary) that include all information that the
Secretary, after consultation with other appropriate government
officials, determines to be necessary to evaluate the progress
and success of the project for the purposes of ensuring
positive results, assessing problems, and fostering
improvements.
(2) Availability to public.--Reports under paragraph (1),
and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.
(h) Limitations.--
(1) Use for captive breeding or display.--Amounts provided
as a grant under this Act--
(A) may not be used for captive breeding or display
of rare felids and rare canids, other than captive
breeding for release into the wild; and
(B) may be used for captive breeding of a species
for release into the wild only if no other conservation
method for the species is biologically feasible.
(2) Ineligible countries.--Amounts provided as a grant
under this Act may not be expended on any project in a country
the government of which has repeatedly provided support for
acts of international terrorism, as determined by the Secretary
of State pursuant to--
(A) section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any
successor to that Act);
(B) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(C) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)).
(i) Advisory Group.--
(1) In general.--To assist in carrying out this Act, the
Secretary may establish an advisory group, consisting of
individuals representing public and private organizations
actively involved in the conservation of felids and canids.
(2) Public participation.--
(A) Meetings.--The advisory group shall--
(i) ensure that each meeting of the
advisory group is open to the public; and
(ii) provide, at each meeting, an
opportunity for interested individuals to
present oral or written statements concerning
items on the agenda.
(B) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
group, including the meeting agenda.
(C) Minutes.--The minutes of each meeting of the
advisory group shall be--
(i) kept by the Secretary; and
(ii) made available to the public.
(3) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory group.
SEC. 6. STUDY OF CONSERVATION STATUS OF FELID AND CANID SPECIES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall initiate a study of felid and canid
species listed under the IUCN Red List that are not rare canids or rare
felids, respectively, to determine--
(1) the conservation status of each such species in the
wild, including identification of any such species that are
critically endangered or endangered; and
(2) whether any such species that should be made eligible
for assistance under this Act.
(b) Report.--Not later than 2 years after date of enactment of this
Act, the Secretary shall submit to Congress a report describing the
determinations made in the study, including recommendations of
additional felid species and canid species that should be made eligible
for assistance under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Fund, $5,000,000 for each of fiscal years 2010
through 2014 to carry out this Act, other than section 6; and
(2) such sums as are necessary to carry out section 6. | Great Cats and Rare Canids Act of 2009 - (Sec. 4) Establishes the Great Cats and Rare Canids Conservation Fund as a separate account of the Multinational Species Conservation Fund.
(Sec. 5) Directs the Secretary of the Interior to use Fund amounts to provide assistance for projects for the conservation of rare felids and rare canids. Sets forth provisions governing project proposals, review, and approval.
Defines "rare canid" to mean any of the canid species dhole, gray wolf, Ethiopian wolf, bush dog, African wild dog, maned wolf, and Darwin's fox, including any subspecies of such a species and excluding any subspecies or population that is native to the area comprised of the United States and Canada or the European Union.
Defines "rare felid" to mean any of the felid species lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, Iberian lynx, and Borneo bay cat, including any subspecies of such a species and excluding any species, subspecies, or population that is native to the United States and any tiger.
Prohibits: (1) the use of assistance under this Act for captive breeding or display purposes, other than captive breeding for release into the wild where no other conservation method for the species is biologically feasible; or (2) the expenditure of such assistance for any project in a country the government of which has repeatedly provided support for acts of international terrorism.
Authorizes the Secretary to establish an advisory group to assist in carrying out this Act, which shall provide for public participation.
(Sec. 6) Requires the Secretary to initiate and report to Congress on a study of felid and canid species listed under the Red List of Threatened Species Maintained by the World Conservation Union that are not rare canids or rare felids (as defined in this Act), to determine: (1) the conservation status of each such species in the wild, including identification of those that are critically endangered or endangered; and (2) whether any such species should be made eligible for project assistance.
(Sec. 7) Authorizes appropriations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Airport and Airway
Trust Fund Tax Reinstatement Act of 1997''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. REINSTATEMENT OF AIRPORT AND AIRWAY TRUST FUND EXCISE TAXES.
(a) Fuel Taxes.--
(1) Aviation fuel.--Subparagraph (A) of section 4091(b)(3)
is amended to read as follows:
``(A) The rate of tax specified in paragraph (1)
shall be 4.3 cents per gallon--
``(i) after December 31, 1996, and before
the date which is 7 days after the date of the
enactment of the Airport and Airway Trust Fund
Tax Reinstatement Act of 1997, and
``(ii) after September 30, 1997.''
(2) Aviation gasoline.--Subsection (d) of section 4081 is
amended by striking the paragraph (3) added by section 1609(a)
of the Small Business Job Protection Act of 1996 and by
striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) In general.--The rates of tax specified in clauses
(i) and (iii) of subsection (a)(2)(A) shall be 4.3 cents per
gallon after September 30, 1999.
``(2) Aviation gasoline.--The rate of tax specified in
subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon--
``(A) after December 31, 1996, and before the date
which is 7 days after the date of the enactment of the
Airport and Airway Trust Fund Tax Reinstatement Act of
1997, and
``(B) after September 30, 1997.''
(3) Noncommercial aviation.--Paragraph (3) of section
4041(c) is amended to read as follows:
``(3) Termination.--The rate of the taxes imposed by
paragraph (1) shall be 4.3 cents per gallon--
``(A) after December 31, 1996, and before the date
which is 7 days after the date of the enactment of the
Airport and Airway Trust Fund Tax Reinstatement Act of
1997, and
``(B) after September 30, 1997.''
(b) Ticket Taxes.--
(1) Persons.--Subsection (g) of section 4261 is amended to
read as follows:
``(g) Application of Taxes.--
``(1) In general.--The taxes imposed by this section shall
apply to--
``(A) transportation beginning during the period--
``(i) beginning on the 7th day after the
date of the enactment of the Airport and Airway
Trust Fund Tax Reinstatement Act of 1997, and
``(ii) ending on September 30, 1997, and
``(B) amounts paid during such period for
transportation beginning after such period.
``(2) Refunds.--If, as of the date any transportation
begins, the taxes imposed by this section would not have
applied to such transportation if paid for on such date, any
tax paid under paragraph (1)(B) with respect to such
transportation shall be treated as an overpayment.''
(2) Property.--Subsection (d) of section 4271 is amended to
read as follows:
``(d) Application of Tax.--
``(1) In general.--The tax imposed by subsection (a) shall
apply to--
``(A) transportation beginning during the period--
``(i) beginning on the 7th day after the
date of the enactment of the Airport and Airway
Trust Fund Tax Reinstatement Act of 1997, and
``(ii) ending on September 30, 1997, and
``(B) amounts paid during such period for
transportation beginning after such period.
``(2) Refunds.--If, as of the date any transportation
begins, the taxes imposed by this section would not have
applied to such transportation if paid for on such date, any
tax paid under paragraph (1)(B) with respect to such
transportation shall be treated as an overpayment.''
(c) Transfers to Airport and Airway Trust Fund.--
(1) In general.--Subsection (b) of section 9502 is amended
to read as follows:
``(b) Transfers to Airport and Airway Trust Fund.--There are hereby
appropriated to the Airport and Airway Trust Fund amounts equivalent
to--
``(1) the taxes received in the Treasury under--
``(A) subsections (c) and (e) of section 4041
(relating to aviation fuels),
``(B) sections 4261 and 4271 (relating to
transportation by air),
``(C) section 4081 (relating to gasoline) with
respect to aviation gasoline (to the extent that the
rate of the tax on such gasoline exceeds 4.3 cents per
gallon), and
``(D) section 4091 (relating to aviation fuel) to
the extent attributable to the Airport and Airway Trust
Fund financing rate, and
``(2) the amounts determined by the Secretary of the
Treasury to be equivalent to the amounts of civil penalties
collected under section 47107(n) of title 49, United States
Code.''
(2) Termination of financing rate.--Paragraph (3) of
section 9502(f) is amended to read as follows:
``(3) Termination.--Notwithstanding the preceding
provisions of this subsection, the Airport and Airway Trust
Fund financing rate shall be zero with respect to taxes imposed
during any period that the rate of the tax imposed by section
4091(b)(1) is 4.3 cents per gallon.''
(d) Floor Stocks Taxes on Aviation Gasoline and Aviation Fuel.--
(1) Imposition of tax.--In the case of any aviation liquid
on which tax was imposed under section 4081 or 4091 of the
Internal Revenue Code of 1986 before the tax effective date and
which is held on such date by any person, there is hereby
imposed a floor stocks tax of--
(A) 15 cents per gallon in the case of aviation
gasoline, and
(B) 17.5 cents per gallon in the case of aviation
fuel.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding, on the
tax effective date, any aviation liquid to which the
tax imposed by paragraph (1) applies shall be liable
for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before the first day of the 5th
month beginning after the tax effective date.
(3) Definitions.--For purposes of this subsection--
(A) Tax effective date.--The term ``tax effective
date'' means the date which is 7 days after the date of
the enactment of this Act.
(B) Aviation liquid.--The term ``aviation liquid''
means aviation gasoline and aviation fuel.
(C) Aviation gasoline.--The term ``aviation
gasoline'' has the meaning given such term in section
4081 of such Code.
(D) Aviation fuel.--The term ``aviation fuel'' has
the meaning given such term by section 4093 of such
Code.
(E) Held by a person.--Aviation liquid shall be
considered as ``held by a person'' if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(F) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to--
(A) aviation liquid held by any person on the tax
effective date exclusively for any use for which a
credit or refund of the entire tax imposed by section
4081 or 4091 of such Code (as the case may be) is
allowable for such liquid purchased on or after such
tax effective date for such use, or
(B) aviation fuel held by any person on the tax
effective date exclusively for any use described in
section 4092(b) of such Code.
(5) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any aviation liquid held on the tax
effective date by any person if the aggregate amount of
such liquid (determined separately for aviation
gasoline and aviation fuel) held by such person on such
date does not exceed 2,000 gallons. The preceding
sentence shall apply only if such person submits to the
Secretary (at the time and in the manner required by
the Secretary) such information as the Secretary shall
require for purposes of this paragraph.
(B) Exempt fuel.--Any liquid to which the tax
imposed by paragraph (1) does not apply by reason of
paragraph (4) shall not be taken into account under
subparagraph (A).
(C) Controlled groups.--For purposes of this
paragraph--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given such term by subsection (a) of
section 1563 of such Code; except that
for such purposes, the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of clause (i) shall apply to a group of persons
under common control where 1 or more of such
persons is not a corporation.
(6) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 or 4091 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stocks taxes
imposed by paragraph (1) to the same extent as if such taxes
were imposed by such section 4081 or 4091, as the case may be.
(e) Effective Dates.--
(1) Fuel taxes.--The amendments made by subsection (a)
shall apply to periods beginning on or after the 7th day after
the date of the enactment of this Act.
(2) Ticket taxes.--
(A) In general.--The amendments made by subsection
(b) shall apply to transportation beginning on or after
such 7th day.
(B) Exception for certain payments.--Except as
provided in subparagraph (C), the amendments made by
subsection (b) shall not apply to any amount paid
before such 7th day.
(C) Payments of property transportation tax within
controlled group.--In the case of the tax imposed by
section 4271 of the Internal Revenue Code of 1986,
subparagraph (B) shall not apply to any amount paid by
1 member of a controlled group for transportation
furnished by another member of such group. For purposes
of the preceding sentence, all persons treated as a
single employer under subsection (a) or (b) of section
52 of the Internal Revenue Code of 1986 shall be
treated as members of a controlled group.
(f) Application of Look-Back Safe Harbor for Deposits.--Nothing in
the look-back safe harbor prescribed in Treasury Regulation section
40.6302(c)-1(c)(2) shall be construed to permit such safe harbor to be
used with respect to any tax unless such tax was imposed throughout the
look-back period. | Airport and Airway Trust Fund Tax Reinstatement Act of 1997 - Amends the Internal Revenue Code to restore the Airport and Airway Trust Fund excise taxes. Extends authority to transfer revenue to such Fund. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Returning Investment to America Act
of 2011''.
SEC. 2. EXTENSION OF DIVIDENDS RECEIVED DEDUCTION FOR DIVIDENDS
RECEIVED FROM CONTROLLED FOREIGN CORPORATIONS BY
CORPORATIONS INCREASING PAYROLL.
(a) Extension.--Subsection (f) of section 965 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(f) Election.--
``(1) In general.--An election under this section may be
made for any taxable year beginning before December 31, 2012,
and shall be made at such time and in such manner as the
Secretary may prescribe, and, once made, may be revoked only
with the consent of the Secretary.
``(2) Controlled groups.--If an election under this section
is made by a member of a controlled group of corporations
(within the meaning of section 1563(a), except that `more than
50 percent' shall be substituted for `at least 80 percent' each
place it appears therein) then, except as otherwise provided by
the Secretary, such election shall apply to all members of such
controlled group.''.
(b) Deduction Limited by Payroll Increase and Property Placed in
Service.--Subsection (b) of section 965 of such Code is amended to read
as follows:
``(b) Deduction Limited by Payroll Increase.--
``(1) In general.--The amount of dividends taken into
account under subsection (a) for any taxable year shall not
exceed an amount equal to the reinvestment amount of such
employer (if any) for such taxable year.
``(2) Reinvestment amount.--For purposes of this
subsection--
``(A) In general.--The term `reinvestment amount'
means the sum of--
``(i) the employer's payroll increase for
the calendar year ending during the taxable
year, plus
``(ii) the basis of qualified property
placed in service by the taxpayer during the
taxable year.
``(B) Payroll increase.--
``(i) In general.--The term `payroll
increase' means, with respect to an employer
for a calendar year, the excess (if any) of--
``(I) the aggregate amount of wages
paid by such employer to all employees
for such calendar year, over
``(II) aggregate amount of
inflation adjusted wages paid by such
employer to all employees for the
preceding calendar year.
``(ii) Wages.--The term `wages' has the
meaning given such term by section 3121(a) for
purposes of section 3111(a).
``(iii) Inflation adjusted wages.--The term
`inflation adjusted wages' means an amount
equal to--
``(I) wages with respect to an
employee, multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year for which
the reduction in deposits under this
section is being determined occurs,
determined by substituting `calendar
year 2010' for `calendar year 1992' in
subparagraph (B) thereof.
``(C) Qualified property.--The term `qualified
property' means any tangible personal property with
respect to which depreciation (or amortization in lieu
of depreciation) is allowable.
``(3) Bonus reinvestment amount for 2012.--In the case of
any taxable year beginning in 2012, the taxpayer may elect to
increase the reinvestment amount for such taxable year by an
amount equal to--
``(A) the employer's payroll increase for the
calendar year ending during the preceding taxable year,
plus
``(B) the basis of qualified property placed in
service by the taxpayer during the preceding taxable
year after the mid-point of such preceding taxable
year.
``(4) Adjustments for certain acquisitions, etc.--Under
regulations prescribed by the Secretary--
``(A) Acquisitions.--If an employer acquires the
major portion of a trade or business of another person
(hereafter in this paragraph referred to as the
`predecessor') or the major portion of a separate unit
of a trade or business of a predecessor, then, for
purposes of applying this section for any calendar year
ending after such acquisition, the amount of wages or
compensation deemed paid by the employer during periods
before such acquisition shall be increased by so much
of such wages or compensation paid by the predecessor
with respect to the acquired trade or business as is
attributable to the portion of such trade or business
acquired by the employer.
``(B) Dispositions.--If--
``(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which subparagraph (A)
applies, and
``(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar year ending after such disposition, the amount
of wages or compensation deemed paid by the employer
during periods before such disposition shall be reduced
by so much of such wages as is attributable to such
trade or business or separate unit.''.
(c) Conforming Amendments.--
(1) Subsection (c) of section 965 of such Code is amended
by striking paragraphs (1) and (2) and by redesignating
paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3),
respectively.
(2) Subparagraph (B) of section 965(c)(5) of such Code is
amended--
(A) by striking ``shall be limited to one
$5,000,000,000 amount in subsection (b)(1)(A)'' and
inserting ``shall be treated as one employer for
purposes of determining the amount of any limitation
under subsection (b)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Returning Investment to America Act of 2011 - Amends the Internal Revenue Code to allow an extension of the election allowed to domestic corporations to deduct dividends received from controlled foreign corporations (election may be made for any taxable year beginning before December 31, 2012). Limits the amount of such deduction in any taxable year to the amount by which the domestic corporation increases its payroll and by the amount of its investment in depreciable business assets. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diesel Emissions Reduction Act of
2010''.
SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM.
(a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42
U.S.C. 16131) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(C) a for-profit or nonprofit entity that has the
capacity--
``(i) to sell diesel vehicles or equipment
to, and arrange financing for, individuals or
entities that own or operate diesel fleets; or
``(ii) to upgrade diesel vehicles or
equipment with verified or Environmental
Protection Agency-certified engines or
technologies; and
``(D) any private individual or entity that--
``(i) is the owner of record of a diesel
vehicle or fleet; and
``(ii) acts--
``(I) pursuant to a contract,
license, or lease with--
``(aa) a Federal department
or agency; or
``(bb) an entity described
in subparagraph (A); and
``(II) in accordance with such
timely and appropriate requirements for
notice and approval as the
Administrator may establish for the use
of vehicles to be purchased or retrofit
using a grant, rebate, or loan under
this subtitle.'';
(2) in paragraph (4), by inserting ``currently or
previously,'' after ``that is not'';
(3) by striking paragraph (9);
(4) by redesignating paragraph (8) as paragraph (9);
(5) in paragraph (9) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``, advanced truckstop
electrification system,''; and
(6) by inserting after paragraph (7) the following:
``(8) State.--The term `State' includes--
``(A) the District of Columbia; and
``(B) the Commonwealth of Puerto Rico.''.
(b) National Grant, Rebate, and Loan Programs.--Section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) is amended--
(1) in the section heading, by inserting ``, rebate,''
after ``grant'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``to provide grants and low-cost revolving
loans, as determined by the Administrator, on a
competitive basis, to eligible entities'' and inserting
``to provide grants, contracts, rebates, or low-cost
revolving loans, as determined by the Administrator, on
a competitive basis, to eligible entities described in
subparagraph (A), (B), or (D) of section 791(3), or to
enter into contracts with eligible entities described
in subparagraph (C) of that section,''; and
(B) in paragraph (1), by striking ``tons of'';
(3) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph
(2); and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``90'' and
inserting ``95''; and
(ii) in subparagraph (B)(ii), by striking
``application under subsection (c)'' and
inserting ``verification application'';
(4) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by striking paragraph (1) and inserting the
following:
``(1) Expedited process.--
``(A) In general.--The Administrator shall develop
a simplified application process for all applicants
under this section to expedite the provision of funds.
``(B) Requirements.--In developing the expedited
process under subparagraph (A), the Administrator--
``(i) shall take into consideration the
special circumstances affecting small fleet
owners; and
``(ii) to avoid duplicative procedures, may
require applicants to include in an application
under this section competitive bids for
equipment and installation.
``(2) Eligibility.--
``(A) Grants.--To be eligible to receive a grant
under this section, an eligible entity described in
subparagraph (A), (B), or (D) of section 791(3) shall
submit to the Administrator an application at such
time, in such manner, and containing such information
as the Administrator may require.
``(B) Rebates.--To be eligible to receive a rebate
under this section, an eligible entity described in
subparagraph (A), (B), or (D) of section 791(3) shall
submit to the Administrator an application in
accordance with such guidance as the Administrator may
establish.
``(C) Low-cost loans.--To be eligible to receive a
loan under this section, an eligible entity described
in subparagraph (A), (B), or (D) of section 791(3)
shall submit an application to--
``(i) the Administrator; or
``(ii) an eligible entity described in
section 791(3)(C) with which the Administrator
has entered into a contract for the purpose of
administering loans under this subtitle.''; and
(C) in paragraph (4) (as redesignated by
subparagraph (A))--
(i) in the matter preceding subparagraph
(A)--
(I) by inserting ``, rebate,''
after ``grant''; and
(II) by inserting ``highest'' after
``shall give'';
(ii) in subparagraph (C)(iii)--
(I) by striking ``a diesel fleets''
and inserting ``diesel fleets''; and
(II) by inserting ``construction
sites, schools,'' after ``terminals,'';
(iii) in subparagraph (D), by adding
``and'' at the end;
(iv) in subparagraph (E), by striking the
semicolon at the end and inserting a period;
and
(v) by striking subparagraphs (F) and (G);
(5) in subsection (d)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``, rebate,'' after
``grant''; and
(B) in paragraph (2)(A)--
(i) by inserting ``, rebate,'' after
``grant''; and
(ii) by striking ``, State or local''; and
(6) by adding at the end the following:
``(e) Public Notification.--The Administrator shall publish on the
website of the Environmental Protection Agency a description of each
application for which a grant or loan is provided under this section by
not later than 60 days after the date of award of the grant or loan.''.
(c) State Grant, Rebate, and Loan Programs.--Section 793 of the
Energy Policy Act of 2005 (42 U.S.C. 16133) is amended--
(1) in the section heading, by inserting ``, rebate,''
after ``grant'';
(2) in subsection (a), by inserting ``, rebate,'' after
``grant'';
(3) in subsection (b)(1), by inserting ``, rebate,'' after
``grant'';
(4) subsection (c)(2)(B), in the matter preceding clause
(i), by striking ``qualifies'' and inserting ``qualify''; and
(5) in subsection (d)--
(A) in paragraph (1), by inserting ``, rebate,''
after ``grant'';
(B) in paragraph (2), by inserting ``, rebates,''
after ``grants'';
(C) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``grant or loan provided
under this section may be used'' and inserting ``grant,
rebate, or loan provided under this section shall be
used''; and
(D) by adding at the end the following:
``(4) Priority.--In providing grants, rebates, and loans
under this section, a State shall give priority to projects
that meet the criteria described in section 792(c)(4).
``(5) Public notification.--Each State shall publish on the
website of the State a description of each application for
which a grant, rebate, or loan is provided under this section
by not later than 60 days after the date of award of the grant,
rebate, or loan.''.
(d) Evaluation and Report.--Section 794(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16134(b)) is amended in each of paragraphs (2)
through (5) by inserting ``, rebate,'' after ``grant'' each place it
appears.
(e) Authorization of Appropriations.--Section 797 of the Energy
Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows:
``SEC. 797. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $200,000,000 for each of fiscal years 2012 through
2016, to remain available until expended.
``(b) Management and Oversight.--The Administrator may use not more
than 1 percent of the amounts made available under subsection (a) for
each fiscal year for management and oversight purposes.''. | Diesel Emissions Reduction Act of 2010 - Amends the Energy Policy Act of 2005 to reauthorize and extend funding for FY2012-FY2016 a grant program for reducing diesel emissions. Authorizes the Administrator of the Environmental Protection Agency (EPA) to: (1) provide contracts and rebates to eligible entities to achieve significant reductions in diesel emissions; and (2) support rebate programs administered by states that are designed to achieve such reductions.
Includes among entities eligible to receive funding for reducing diesel emissions: (1) an entity that has the capacity to sell diesel vehicles or equipment to, and arrange financing for, individuals or entities that own or operate diesel fleets or to upgrade diesel vehicles or equipment with verified or EPA-certified engines or technologies; and (2) any private individual or entity that is the owner of record of a diesel vehicle or fleet and that acts pursuant to a contract, license, or lease with a federal, regional, state, local, or tribal agency or port authority with jurisdiction over transportation or air quality and in accordance with requirements for notice and approval as the Administrator of the EPA establish for the use of vehicles to be purchased or retrofitted using a grant, rebate, or loan under such Act.
Includes Puerto Rico within the meaning of "state" under such Act.
Revises provisions concerning the distribution and use of, and applications for, funds. Requires the Administrator to develop a simplified application process for applicants to expedite the provision of funds.
Requires the Administrator and each state to publish on its website a description of each application for which a grant or loan is provided. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Marksmanship Program
Privatization Act''.
SEC. 2. CONVERSION OF CIVILIAN MARKSMANSHIP PROGRAM TO NONAPPROPRIATED
FUND INSTRUMENTALITY AND ACTIVITIES UNDER PROGRAM.
(a) Conversion.--Section 4307 of title 10, United States Code, is
amended to read as follows:
``Sec. 4307. Promotion of rifle practice and firearms safety:
administration
``(a) Nonappropriated Fund Instrumentality.--On and after October
1, 1995, the Civilian Marksmanship Program shall be operated as a
nonappropriated fund instrumentality of the United States within the
Department of Defense for the benefit of members of the armed forces
and for the promotion of rifle practice and firearms safety among
civilians.
``(b) National Board.--(1) The Civilian Marksmanship Program shall
be under the general supervision of a National Board for the Promotion
of Rifle Practice and Firearms Safety, which shall replace the National
Board for the Promotion of Rifle Practice. The National Board shall
consist of nine members who are appointed by the Secretary of the Army.
``(2) The term of office of a member of the National Board shall be
two years. However, in the case of the initial National Board, the
Secretary shall appoint four members who will have a one-year term.
``(3) Members of the National Board shall serve without
compensation, except that members shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
while away from their homes or regular places of business in the
performance of services for the National Board.
``(c) Director and Staff.--The National Board shall appoint a
person to serve as director of the Civilian Marksmanship Program. The
compensation and benefits of the director and all other civilian
employees of the Department of Defense utilized by the Civilian
Marksmanship Program shall be paid from nonappropriated funds available
to the Civilian Marksmanship Program.
``(d) Funding.--(1) Except as provided in section 4310 of this
title, funds appropriated or otherwise made available to the Department
of Defense in appropriation Acts may not be obligated or expended to
benefit the Civilian Marksmanship Program or activities conducted by
the Civilian Marksmanship Program.
``(2) The National Board and the director may solicit, accept,
hold, use, and dispose of, in furtherance of the activities of the
Civilian Marksmanship Program, donations of money, property, and
services received by gift, devise, bequest, or otherwise. Donations may
be accepted from munitions and firearms manufacturers notwithstanding
any legal restrictions otherwise arising from their procurement
relationships with the Federal Government.
``(3) Amounts collected under the Civilian Marksmanship Program,
including the proceeds from the sale of arms, ammunition, targets, and
other supplies and appliances under section 4308 of this title, shall
be credited to the Civilian Marksmanship Program and shall be available
to carry out the Civilian Marksmanship Program. Amounts collected by,
and available to, the National Board for the Promotion of Rifle
Practice before the date of the enactment of this section from rifle
sales programs and from fees in connection with competitions sponsored
by that Board shall be transferred to the National Board to be
available to carry out the Civilian Marksmanship Program.
``(4) Funds held on behalf of the Civilian Marksmanship Program
shall not be construed to be Government or public funds or appropriated
funds and shall not be available to support other nonappropriated fund
instrumentalities of the Department of Defense. Funds held on behalf of
other nonappropriated fund instrumentalities of the Department of
Defense shall not be available to support the Civilian Marksmanship
Program. Expenditures on behalf of the Civilian Marksmanship Program,
including compensation and benefits for civilian employees, may not
exceed $5,000,000 during any fiscal year. The approval of the National
Board shall be required for any expenditure in excess of $50,000.
Notwithstanding any other provision of law, funds held on behalf of the
Civilian Marksmanship Program shall remain available until expended.
``(e) Definitions.--In this section and sections 4308 through 4313
of this title:
``(1) The term `Civilian Marksmanship Program' means the
rifle practice and firearms safety program carried out by the
National Board under section 4308 and includes the National
Matches and small-arms firing schools referred to in section
4312 of this title.
``(2) The term `National Board' means the National Board
for the Promotion of Rifle Practice and Firearms Safety.''.
(b) Activities.--Section 4308 of such title is amended to read as
follows:
``Sec. 4308. Promotion of rifle practice and firearms safety:
activities
``(a) Instruction, Safety, and Competition Programs.--(1) The
Civilian Marksmanship Program shall provide for--
``(A) the operation and maintenance of indoor and outdoor
rifle ranges and their accessories and appliances;
``(B) the instruction of citizens of the United States in
marksmanship, and the employment of necessary instructors for
that purpose;
``(C) the promotion of practice in the use of rifled arms
and the maintenance and management of matches or competitions
in the use of those arms; and
``(D) the award to competitors of trophies, prizes, badges,
and other insignia.
``(2) In carrying out this subsection, the Civilian Marksmanship
Program shall give priority to activities that benefit firearms safety
training and competition for youth and reach as many youth participants
as possible.
``(3) Before a person may participate in any activity sponsored or
supported by the Civilian Marksmanship Program under this subsection,
the person shall be required to certify that the person has not
violated any Federal or State firearms laws.
``(b) Sale and Issuance of Arms and Ammunition.--(1) The Civilian
Marksmanship Program may issue, without cost, the arms, ammunition
(including caliber .22 and caliber .30 ammunition), targets, and other
supplies and appliances necessary for activities conducted under
subsection (a). Issuance shall be made only to gun clubs under the
direction of the National Board that provide training in the use of
rifled arms to youth, the Boy Scouts of America, 4-H Clubs, Future
Farmers of America, and other youth-oriented organizations for training
and competition.
``(2) The Civilian Marksmanship Program may sell at fair market
value caliber .30 rifles, caliber .22 rifles, and air rifles, and
ammunition for such rifles, to gun clubs that are under the direction
of the National Board and provide training in the use of rifled arms.
In lieu of sales, the Civilian Marksmanship Program may loan such
rifles to such gun clubs.
``(3) The Civilian Marksmanship Program may sell at fair market
value small arms, ammunition, targets, and other supplies and
appliances necessary for target practice to citizens of the United
States over 18 years of age who are members of a gun club under the
direction of the National Board.
``(4) Before conveying any weapon or ammunition to a person,
whether by sale or lease, the National Board shall provide for a
criminal records check of the person with appropriate Federal and State
law enforcement agencies.
``(c) Other Authorities.--The National Board shall provide for--
``(1) the procurement of necessary supplies, appliances,
trophies, prizes, badges, and other insignia, clerical and
other services, and labor to carry out the Civilian
Marksmanship Program; and
``(2) the transportation of employees, instructors, and
civilians to give or to receive instruction or to assist or
engage in practice in the use of rifled arms, and the
transportation and subsistence, or an allowance instead of
subsistence, of members of teams authorized by the National
Board to participate in matches or competitions in the use of
rifled arms.
``(d) Fees.--The National Board may impose reasonable fees for
persons and gun clubs participating in any program or competition
conducted under the Civilian Marksmanship Program for the promotion of
rifle practice and firearms safety among civilians.
``(e) Receipt of Excess Arms and Ammunition.--(1) The Secretary of
the Army shall reserve for the Civilian Marksmanship Program all
remaining M-1 Garand rifles, and ammunition for such rifles, still held
by the Army. After the date of the enactment of this section, the
Secretary of the Army shall cease demilitarization of remaining M-1
Garand rifles in the Army inventory unless such rifles are determined
to be irreparable by the Defense Logistics Agency.
``(2) Subject to section 1208 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372
note) relating to the transfer of excess small arms and ammunition to
support Government counter-drug activities, the Secretary of Defense
shall give the National Board the right of first refusal to accept
excess small arms and ammunition held by the Army or the Marine Corps
and legally allowable for civilian use.
``(3) Transfers under this subsection shall be made without cost to
the Civilian Marksmanship Program, except that the National Board shall
assume the costs of transportation for the transferred small arms and
ammunition.
``(f) Participation Conditions.--All participants in the Civilian
Marksmanship Program and activities sponsored or supported by the
National Board shall be required, as a condition of participation, to
sign affidavits stating that--
``(A) they have never been convicted of a firearms
violation under State or Federal law; and
``(B) they are not members of any organization which
advocates the violent overthrow of the United States
Government.
``(2) Any person found to have violated this subsection shall be
ineligible to participate in the Civilian Marksmanship Program and
future activities sponsored or supported by the National Board.''.
(c) Participation of Members of the Armed Forces in Instruction and
Competition.--Section 4310 of such title is amended to read as follows:
``Sec. 4310. Rifle instruction and competitions: participation of
members
``(a) Participation Authorized.--The commander of a major command
of the armed forces may detail regular or reserve officers and
noncommissioned officers under the authority of the commander to duty
as instructors at rifle ranges for training civilians in the safe use
of military arms. The commander of a major command may detail enlisted
members under the authority of the commander as temporary instructors
in the safe use of the rifle to organized rifle clubs requesting that
instruction. The commander of a major command may detail members under
the authority of the commander to provide other logistical and
administrative support for competitions and other activities conducted
by the Civilian Marksmanship Program. Members of a reserve component
may be detailed only if the service to be provided meets a legitimate
training need of the members involved.
``(b) Costs of Participation.--The commander of a major command of
the armed forces may pay the personnel costs and travel and per diem
expenses of members of an active or reserve component of the armed
forces who participate in a competition sponsored by the Civilian
Marksmanship Program or who provide instruction or other services in
support of the Civilian Marksmanship Program.''.
(d) Conforming Amendments.--(1) Section 4312(a) of such title is
amended by striking out `` as prescribed by the Secretary of the Army''
and inserting in lieu thereof ``as part of the Civilian Marksmanship
Program''.
(2) Section 4313 of such title is amended--
(A) in subsection (a), by striking out ``Secretary of the
Army'' both places it appears and inserting in lieu thereof
``National Board''; and
(B) in subsection (b), by striking out ``Appropriated funds
available for the Civilian Marksmanship Program (as defined in
section 4308(e) of this title) may'' and inserting in lieu
thereof ``Nonappropriated funds available to the Civilian
Marksmanship Program shall''.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 401 of such title is amended by striking out the items relating
to sections 4307, 4308, and 4310 and inserting in lieu thereof the
following new items:
``4307. Promotion of rifle practice and firearms safety:
administration.
``4308. Promotion of rifle practice and firearms safety: activities.
``4310. Rifle instruction and competitions: participation of
members.''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 1995. | Civilian Marksmanship Program Privatization Act - Provides that, on and after October 1, 1995, the Civilian Marksmanship Program of the Department of the Army shall be operated as a nonappropriated fund instrumentality within the Department of Defense. Requires the Program to be under the general supervision of a National Board for the Promotion of Rifle Practice and Firearms Safety, which shall replace the current National Board for the Promotion of Rifle Practice. Limits Program expenditures for any fiscal year to $5 million. Authorizes the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and ammunition. Requires participants in Program activities to sign an affidavit that they: (1) have never been convicted of a firearms violation under Federal or State law; and (2) are not members of any organization which advocates the violent overthrow of the U.S. Government.
Authorizes the commander of a major command of the armed forces (currently, either the President or the Secretary of the Army) to detail certain military officers and enlisted personnel to duty as instructors at rifle ranges for training civilians in the safe use of military arms. Authorizes the payment of travel and per diem costs for such personnel. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Statehood Admission
Process Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1898, Puerto Rico became a United States territory
and persons born in Puerto Rico have been granted United States
citizenship since 1917, pursuant to Public Law 64-368.
(2) In 1950, Congress enacted Public Law 81-600,
authorizing Puerto Rico to draft a local constitution. In 1951,
a constitutional convention was held in Puerto Rico to draft
the constitution. On March 3, 1952, Puerto Rico ratified the
constitution and submitted it for approval by Congress. On July
3, 1952, Congress enacted Public Law 82-447, which made changes
to the constitution, and approved the constitution subject to
Puerto Rico's acceptance of these changes. The changes were
accepted by the delegates to the constitutional convention, and
the constitution of Puerto Rico took effect on July 25, 1952.
The constitution establishes a republican form of government,
is not repugnant to the Constitution of the United States, and
is the functional equivalent of a state constitution.
(3) On November 6, 2012, the Government of Puerto Rico held
a two-part plebiscite organized under local law. The first
question asked voters if Puerto Rico should continue to be a
territory, and 54 percent of voters rejected territory status.
The second question asked voters to express their preference
among the three possible alternatives to territory status--
statehood, independence, and nationhood in free association
with the United States--and 61 percent of voters who selected
an option chose statehood. The number of votes cast for
statehood on the second question exceeded the number of votes
cast for continued territory status on the first question.
(4) On August 1, 2013, the Committee on Energy and Natural
Resources of the Senate held a hearing to receive testimony on
the 2012 plebiscite. In his opening statement, the Chairman of
the Committee said that ``there is no disputing that a majority
of the voters in Puerto Rico--54 percent--have clearly
expressed their opposition to continuing the current
territorial status''. The ranking minority member of the
Committee agreed, stating that ``it is clear to me that the
majority of Puerto Ricans do not favor the current territorial
status''.
(5) Also at the August 1, 2013 hearing, the Chairman
recognized that ``for Puerto Rico to meet its economic and
social challenges and to achieve its full potential, this
debate over status needs to be settled'' and that ``the current
relationship undermines the United States' moral standing in
the world. For a nation founded on the principles of democracy
and the consent of the governed, how much longer can America
allow a condition to persist in which nearly four million U.S.
citizens do not have a vote in the government that makes the
national laws which affect their daily lives?'' The Chairman
acknowledged that, for Puerto Rico to have full self-
government, it must become ``a sovereign nation or achieve
equality among the States of the Union''.
(6) The President's Fiscal Year 2014 Budget requested $2.5
million for the first Federally sponsored plebiscite in Puerto
Rico's history, to be held on options that would ``resolve
Puerto Rico's future political status'' and that are found by
the Department of Justice not to be ``incompatible with the
Constitution and laws and policies of the United States''. This
proposal was enacted in January 2014 as part of Public Law 113-
76.
(7) Alaska and Hawaii are the most recent territories to
become States of the Union. Public Law 85-508 (July 7, 1958),
``an act to provide for the admission of the State of Alaska
into the Union'', and Public Law 86-3 (March 18, 1959), ``an
act to provide for the admission of the State of Hawaii into
the Union'', were enacted after a majority of voters in each
territory expressed a desire for statehood in plebiscites
organized under local law. These Acts of Congress provided that
admission would occur if a majority of voters affirmed in a
Federally sponsored plebiscite that the territory should ``be
admitted into the Union as a State''. The Federally sponsored
plebiscite in the territory of Alaska was held on August 26,
1958, and Alaska was admitted into the Union on January 3,
1959. The Federally sponsored plebiscite in the territory of
Hawaii was held on June 27, 1959, and Hawaii was admitted into
the Union on August 21, 1959.
SEC. 3. VOTE ON ADMISSION.
(a) Vote.--The State Elections Commission of Puerto Rico is
authorized to provide for a vote on the admission of Puerto Rico into
the Union as a State within one year of the date of enactment of this
Act, in accordance with rules and regulations determined by the
Commission, including qualifications for voter eligibility. The ballot
shall ask the following question: ``Shall Puerto Rico be admitted as a
State of the United States? Yes__ No__''.
(b) Funds for Vote.--The funds made available pursuant to Public
Law 113-76 may be used to conduct the vote.
SEC. 4. CERTIFICATION AND TRANSMITTAL OF RESULTS.
Not later than 10 days after the certification of the vote by the
State Elections Commission of Puerto Rico, the Governor of Puerto Rico
shall transmit the certified results to the President of the United
States, the Speaker of the House of Representatives, and the President
Pro Tempore of the Senate.
SEC. 5. TRANSITION PROCESS.
If a majority of the votes cast in the vote conducted pursuant to
section 3 are for Puerto Rico's admission into the Union as a State--
(a) Proclamation.--Within 30 calendar days of receipt of the
certified results transmitted pursuant to section 4, the President
shall issue a proclamation to begin the transition process that will
culminate in Puerto Rico's admission into the Union as a State
effective January 1, 2021.
(b) Commission.--Within 90 calendar days of receipt of the
certified results transmitted pursuant to section 4, the President
shall appoint a Commission on the Equal Application of Federal Law to
Puerto Rico.
(1) Purpose.--The Commission shall survey the laws of the
United States and make recommendations to Congress as to how
laws that do not apply to the territory or apply differently to
the territory than to the several States should be amended or
repealed to treat Puerto Rico equally with the several States
as of the date of the admission of Puerto Rico into the Union
as a State.
(2) Membership.--The Commission shall consist of five
persons, at least two of whom shall be residents of Puerto
Rico.
(3) Report.--The Commission shall issue a final report to
the President of the United States, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate by
July 1, 2018.
(4) Termination.--Upon issuing the final report under
paragraph (3), the Commission shall terminate.
(5) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.), other than section 14, shall
apply to the Commission.
SEC. 6. RULES FOR ELECTIONS FOR FEDERAL OFFICES.
(a) Preparation for Elections.--Not later than January 1, 2020,
Puerto Rico shall carry out such actions as may be necessary to enable
Puerto Rico to hold elections for Federal office in November 2020 in
accordance with this section.
(b) Presidential Election.--With respect to the election for the
office of President and Vice President held in November 2020--
(1) Puerto Rico shall be considered a State for purposes of
chapter 21 of title 3, United States Code;
(2) the electors of Puerto Rico shall be considered
electors of a State for purposes of such chapter; and
(3) 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 Seventeenth Congress, as determined in
accordance with subsections (c) and (d).
(c) Election of Senators.--
(1) Election of 2 senators.--The regularly scheduled
general elections for Federal office held in Puerto Rico during
November 2020 shall include the election of 2 Senators, each of
whom shall first take office on the first day of the One
Hundred Seventeenth Congress.
(2) Special rule.--In the election of Senators from Puerto
Rico pursuant to paragraph (1), the 2 Senate offices shall be
separately identified and designated, and no person may be a
candidate for both offices. No such identification or
designation of either of the offices shall refer to or be taken
to refer to the terms of such offices, or in any way impair the
privilege of the Senate to determine the class to which each of
the Senators elected shall be assigned.
(d) Election of Representatives.--
(1) In general.--Effective on the first day of the One
Hundred Seventeenth Congress, and until the taking effect of
the first reapportionment occurring after the regular decennial
census conducted for 2020, Puerto Rico shall be entitled to the
number of Representatives to which it would have been entitled
for the One Hundred Sixteenth Congress if Puerto Rico had been
a State during such Congress, as shown in the statement
transmitted by the President to Congress under paragraph (2).
(2) Determination of initial number.--
(A) Determination.--Not later than July 1, 2019,
the President shall submit to Congress a statement of
the number of Representatives to which Puerto Rico
would have been entitled for the One Hundred Sixteenth
Congress if Puerto Rico had been a State during such
Congress, in the same manner as provided under section
22(a) of the Act entitled ``An Act to provide for the
fifteenth and subsequent decennial censuses and to
provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)).
(B) Submission of number by clerk.--Not later than
15 calendar days after receiving the statement of the
President under subparagraph (A), the Clerk of the
House of Representatives, in accordance with section
22(b) of such Act (2 U.S.C. 2a(b)), 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 is entitled during
the period described in paragraph (1).
(3) Termination of office of resident commissioner.--
Effective on the date on which a Representative from Puerto
Rico first takes office in accordance with this subsection, the
Office of the Resident Commissioner to the United States, as
described in section 36 of the Act of March 2, 1917 (48 U.S.C.
891 et seq.), is terminated.
(e) Administration of Primary Elections.--Puerto Rico may hold
primary elections for the offices described in this section at such
time and in such manner as Puerto Rico may provide, so long as such
elections are held in the manner required by the laws applicable to
elections for Federal office.
SEC. 7. ISSUANCE OF PRESIDENTIAL PROCLAMATION.
Following the transition process set forth in section 5, 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 1, 2021. Upon issuance of the proclamation by the
President, Puerto Rico shall be deemed admitted into the Union as a
State.
SEC. 8. STATE OF PUERTO RICO.
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 persons 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 territory laws in force in
Puerto Rico shall continue in force and effect in the State,
except as modified by this Act, and shall be subject to repeal
or amendment by the Legislature and the Governor 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.
SEC. 9. EFFECT ON MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Temporary Increase During Initial Period.--
(1) Temporary increase.--During the period described in
paragraph (1) of section 6(d)--
(A) the membership of the House of Representatives
shall be increased by the number of Members to which
Puerto Rico is entitled during such period; and
(B) each such Representative shall be in addition
to the membership of the House of Representatives as
now prescribed by law.
(2) No effect on existing apportionment.--The temporary
increase in the membership of the House of Representatives
provided under paragraph (1) shall not, during the period
described in paragraph (1) of section 6(d)--
(A) operate to either increase or decrease the
permanent membership of the House of Representatives as
prescribed in the Act of August 8, 1911 (2 U.S.C. 2);
or
(B) affect the basis of reapportionment established
by the Act of June 28, 1929, as amended (2 U.S.C. 2a),
for the Eighty Second Congress and each Congress
thereafter.
(b) Permanent Increase Effective With Next Reapportionment.--
(1) In general.--Effective with respect to the One Hundred
Eighteenth Congress and each succeeding Congress, the House of
Representatives shall be composed of a number of Members equal
to the sum of 435 plus the number by which the membership of
the House was increased under subsection (a).
(2) Reapportionment of members resulting from increase.--
(A) In general.--Section 22(a) of the Act entitled
``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929
(2 U.S.C. 2a(a)), is amended by striking ``the then
existing number of Representatives'' and inserting
``the number of Representatives established with
respect to the One Hundred Eighteenth Congress''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply with respect to the
regular decennial census conducted for 2020 and each
subsequent regular decennial census. | Puerto Rico Statehood Admission Process Act Authorizes the State Elections Commission of Puerto Rico to provide for a vote on Puerto Rico's admission into the Union as a state within one year of this Act's enactment. Requires the governor of Puerto Rico to transmit the results of such vote to the President, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate within 10 days after the certification of the vote by the Commission. Directs the President, if a majority of the votes cast are for Puerto Rico's admission as a state: (1) within 30 calendar days of receipt of the certified results, to issue a proclamation to begin the transition process that will culminate in Puerto Rico's admission as a state effective January 1, 2021; and (2) within 90 calendar days of such receipt, to appoint a Commission on the Equal Application of Federal Law to Puerto Rico, which shall survey U.S. laws and submit recommendations to Congress by July 1, 2018, as to how laws that do not apply, or that apply differently, to the territory should be amended or repealed to treat Puerto Rico equally. Requires Puerto Rico to carry out necessary actions by January 1, 2020, to enable it to hold elections for federal office in November 2020, including the election to the 117th Congress of two U.S. Senators and the number of Representatives to which it would have been entitled for the 116th Congress if it had been a state during such Congress. Provides for a temporary increase in the membership of the House of Representatives initially and a permanent increase effective with the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2020. Requires the President, following a transition process, to issue a proclamation declaring that Puerto Rico is admitted to the Union on an equal footing with the other states, effective January 1, 2021. Sets forth provisions regarding the continuity of government and the continuity of laws of Puerto Rico. | billsum_train |
Change the following text into a summary: That this Act may be
cited as the ``Energy Policy and Conservation Act Amendments of 1997''.
SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.
The Energy Policy and Conservation Act is amended--
(1) by amending section 166 (42 U.S.C. 6246) to read as
follows:
``authorization of appropriations
``Sec. 166. There are authorized to be appropriated such sums as
may be necessary for fiscal year 1998.'';
(2) in section 181 (42 U.S.C. 6251) by striking ``September
30, 1997'' both places it appears and inserting ``September 30,
1998'';
(3) in section 251(e)(1) (42 U.S.C. 6271(e)(1)) by striking
``section 252(l)(1)'' and inserting ``section 252(k)(1)'';
(4) in section 252 (42 U.S.C. 6272)--
(A) in subsections (a)(1) and (b), by striking
``allocation and information provisions of the
international energy program'' and inserting
``international emergency response provisions'';
(B) in subsection (d)(3), by striking ``known'' and
inserting ``known at the time of approval'' after
``circumstances'';
(C) in subsection (e)(2) by striking ``shall'' and
inserting ``may'',
(D) in subsection (f)(2) by inserting ``voluntary
agreement or'' after ``approved'';
(E) by amending subsection (h) to read as follows--
``(h) Section 708 of the Defense Production Act of 1950 does not
apply to any agreement or action undertaken for the purpose of
developing or carrying out--
``(1) the international energy program, or
``(2) any allocation, price control, or similar program
with respect to petroleum products under this Act.'';
(F) in subsection (i) by inserting ``annually, or''
after ``least'' and by inserting ``during an
international energy supply emergency'' after
``months'';
(G) in subsection (k) by amending paragraph (2) to
read as follows--
``(2) The term `international emergency response
provisions' means--
``(A) the provisions of the international energy
program which relate to international allocation of
petroleum products and to the information system
provided in the program, and
``(B) the emergency response measures adopted by
the Governing Board of the International Energy Agency
(including the July 11, 1984, decision by the Governing
Board on `Stocks and Supply Disruptions') for--
``(i) the coordinated drawdown of stocks of
petroleum products held or controlled by
governments, and
``(ii) complementary actions taken by
governments during an existing or impending
international oil supply disruption.'', and
(H) by amending subsection (l) to read as follows--
``(l) The antitrust defense under subsection (f) does not extend to
the international allocation of petroleum products unless allocation is
required by chapters III and IV of the international energy program
during an international energy supply emergency.'';
(5) section 256(h) (42 U.S.C. 6276(h)) by adding, ``There
are authorized to be appropriated such sums as may be necessary
for fiscal year 1998.'' after ``subtitle.'';
(6) in section 281 (42 U.S.C. 6285) by striking ``September
30, 1997'' both places it appears and inserting ``September 30,
1998'';
(7) in section 365(f)(1) (42 U.S.C. 6325(f)(1)) by striking
``not to exceed'' and all that follows through ``fiscal year
1993'' and inserting ``such sums as may be necessary for fiscal
year 1998.'';
(8) by amending section 397 (42 U.S.C. 6371f) to read as
follows:
``authorization of appropriations
``Sec. 397. For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal
year 1998.''; and
(9) in section 400BB (42 U.S.C. 6374a(b)) by amending
paragraph (l) to read as follows:
``(l) There are authorized to be appropriated to the Secretary for
carrying out this section such sums as may be necessary for fiscal year
1998, to remain available until expended.''.
SEC. 3. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT.
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended to read as follows:
``authorization of appropriations
``Sec. 422. For the purpose of carrying out the weatherization
program under this part, there are authorized to be appropriated such
sums as may be necessary for fiscal year 1998.''. | Energy Policy and Conservation Act Amendments of 1997 - Amends the Energy Policy and Conservation Act to: (1) authorize appropriations for FY 1998 to implement the Strategic Petroleum Reserve; (2) extend all authorities governing domestic supply availability to September 30, 1998; and (3) declare that the requirements of the Act shall be the sole procedures applicable to international emergency response provisions.
Revises prescriptions governing the international energy program and attendant international voluntary agreements.
Redefines international emergency response provisions to include: (1) international energy program provisions relating to international allocation of petroleum products and to the information system provided in the program; and (2) certain emergency response measures adopted by the Governing Board of the International Energy Agency.
Cites circumstances under which certain antitrust defenses shall extend to the international allocation of petroleum products during an international energy supply emergency.
Authorizes appropriations for FY 1998 for the international energy program.
Extends all standby energy authorities to September 30, 1998.
Authorizes appropriations for FY 1998 for: (1) State energy conservation programs; (2) energy conservation projects for schools and hospitals; and (3) the alternative fuels truck commercial application program.
Amends the Energy Conservation and Production Act to authorize appropriations for FY 1998 for its weatherization assistance program for low-income persons. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-K for USA Act.''
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States ranks 25th in early learning
enrollment with fewer than 3 out of 10 four-year-olds enrolled
in high-quality prekindergarten programs.
(2) Studies show that children with access to high-quality
prekindergarten programs are less likely to repeat a grade or
drop out of high school, and more likely to succeed in their
careers.
(3) Every public dollar spent on high-quality
prekindergarten programs returns $7 through a reduced need for
spending on other services such as remedial education, grade
repetition, and special education.
(4) Children who attended prekindergarten are less likely
to develop drug problems, commit a felony, and go to prison,
and are half as likely to be arrested.
(5) Children who attended prekindergarten usually have
higher grade point averages and are more likely to attend a
four-year college.
(6) About 40 percent of school districts do not offer
prekindergarten programs.
(7) Over half of school districts that have pre-
kindergarten programs offer only part-day programs.
(8) Texas missed out on up to $118.48 million in Federal
funding to expand prekindergarten programs.
(9) Reports showed that in 2011 the Texas legislature cut
approximately $5.4 billion in education funding and eliminated
the $200 million in grants it offered to schools to expand
prekindergarten programs from half-day to full-day.
(10) In response to the State of Texas' education funding
cuts, certain local governments took it upon themselves to fund
full-day prekindergarten programs.
(11) For these reasons, certain localities, including local
governments and local educational agencies would benefit from
direct application prekindergarten Federal program funding.
SEC. 3. PREKINDERGARTEN DEVELOPMENT GRANTS.
(a) In General.--The Secretary of Education, in consultation with
the Secretary of Health and Human Services, shall award competitive
grants to States, local educational agencies, or other local government
entities that wish to increase their capacity and build the
infrastructure within the State to offer high-quality prekindergarten
programs.
(b) Grant Duration.--The Secretary shall award grants under this
Act for a period of not more than 3 years. Such grants shall not be
renewed.
(c) Application.--
(1) In general.--A Governor, or chief executive officer of
a State, a local educational agency, or another local
government entity that desires to receive a grant under this
Act shall submit an application to the Secretary of Education
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(2) Development of state application.--In developing an
application for a grant under this Act, a State shall consult
with the State Advisory Council on Early Childhood Education
and Care and incorporate their recommendations, where
applicable.
(d) Matching Requirement.--
(1) In general.--To be eligible to receive a grant under
this Act, a State, local educational agency, or other local
government entity shall contribute for the activities for which
the grant was awarded non-Federal matching funds in an amount
equal to not less than 20 percent of the amount of the grant.
(2) Non-federal funds.--To satisfy the requirement of
paragraph (1), a State, local educational agency, or other
local government entity may use--
(A) non-Federal resources in the form of State
funding, local funding, or contributions from
philanthropy or other private sources, or a combination
of such resources; or
(B) in-kind contributions.
(3) Financial hardship waiver.--The Secretary may waive
paragraph (1) or reduce the amount of matching funds required
under that paragraph for a State, local educational agency, or
other local government entity that has submitted an application
for a grant under this subsection if the State, local
educational agency, or other local government entity
demonstrates, in the application, a need for such a waiver or
reduction due to extreme financial hardship, as determined by
the Secretary.
(e) Subgrants.--
(1) In general.--A State, local educational agency, or
other local government entity awarded a grant under this
subtitle may use the grant funds to award subgrants to eligible
local entities, to carry out the activities under the grant.
(2) Subgrantees.--An eligible local entity awarded a
subgrant under paragraph (1) shall comply with the requirements
of this Act relating to grantees, as appropriate.
(f) Double-Dipping Prevention.--The Secretary may not award a
subgrant to a local educational agency or other local government entity
under subsection (e) for a program in a fiscal year if the State,
agency, or entity received funding for the program in such fiscal year.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $750,000,000 for fiscal year 2016; and
(2) such sums as may be necessary for each of fiscal years
2017 through 2025.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible local entity.--The term ``eligible local
entity'' means--
(A) a local educational agency, including a charter
school or a charter management organization that acts
as a local educational agency, or an educational
service agency in partnership with a local educational
agency;
(B) an entity (including a Head Start program or
licensed child care setting) that carries out,
administers, or supports an early childhood education
program; or
(C) a consortium of entities described under
subparagraph (A) or (B).
(2) Full-day.--The term ``full-day'' means a day that is--
(A) equivalent to a full school day at the public
elementary schools in the State; and
(B) not less than 5 hours.
(3) High-quality prekindergarten program.--The term ``high-
quality prekindergarten program'' means a prekindergarten
program supported by an eligible local entity that includes, at
a minimum, the following elements based on nationally
recognized standards:
(A) Serves children who--
(i) are age 4 or children who are age 3 or
4, by the eligibility determination date
(including children who turn age 5 while
attending the program); or
(ii) have attained the legal age for State-
funded prekindergarten.
(B) Requires high staff qualifications, including
that teachers meet the requirements of 1 of the
following clauses:
(i) The teacher has a bachelor's degree in
early childhood education or a related field
with coursework that demonstrates competence in
early childhood education;
(ii) The teacher--
(I) has a bachelor's degree in any
field;
(II) has demonstrated knowledge of
early childhood education through
passage of a State-approved assessment
in early childhood education;
(III) engages in ongoing
professional development in early
childhood education for not less than 2
years; and
(IV) is enrolled in a State-
approved educator preparation program
in which the teacher receives ongoing
training and support in early childhood
education and is making progress toward
the completion of the program in not
more than 3 years; or
(iii) The teacher has a bachelor's degree
in any field with a credential, license, or
endorsement that demonstrates competence in
early childhood education.
(C) Maintains a maximum class size of 20 children.
(D) Maintains a child to instructional staff ratio
that does not exceed 10 to 1.
(E) Offers a full-day program.
(F) Provides developmentally appropriate learning
environments and evidence-based curricula that are
aligned with the State's early learning and development
standards.
(G) Offers instructional staff salaries comparable
to kindergarten through grade 12 teaching staff.
(H) Provides for ongoing monitoring and program
evaluation to ensure continuous improvement.
(I) Offers accessible comprehensive services for
children that--
(i) include, at a minimum--
(I) screenings for vision, dental,
health (including mental health), and
development and referrals, and
assistance obtaining services, when
appropriate;
(II) family engagement
opportunities (taking into account home
language), such as parent conferences
(including parent input about their
child's development) and support
services, such as parent education and
family literacy services;
(III) nutrition services, including
nutritious meals and snack options
aligned with requirements set by the
most recent Child and Adult Care Food
Program guidelines promulgated by the
Department of Agriculture as well as
regular, age-appropriate, nutrition
education for children and their
families;
(IV) programs coordinated with
local educational agencies and entities
providing programs authorized under
section 619 and part C of the
Individuals with Disabilities Education
Act (20 U.S.C. 1419 and 1431 et seq.);
(V) physical activity programs
aligned with evidence-based guidelines,
such as those recommended by the
Institute of Medicine, and that take
into account and accommodate children
with disabilities; and
(VI) additional support services,
as appropriate, based on the findings
of a needs analysis; and
(ii) are provided on-site, to the maximum
extent feasible.
(J) Provides high-quality professional development
for staff, including regular in-class observation for
teachers and teacher assistants by individuals trained
in observation and which may include evidence-based
coaching.
(K) Meets the education performance standards in
effect under section 641A(a)(1)(B) of the Head Start
Act (42 U.S.C. 9836a(a)(1)(B)).
(L) Maintains evidence-based health and safety
standards.
(4) ESEA terms.--The terms ``local educational agency'' and
``State'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Pre-K for USA Act This bill requires the Department of Education (ED) to award high-quality prekindergarten (pre-K) program development grants on a competitive basis to states, local education agencies, or other local government entities. A grant recipient may use the grant funds to award subgrants to local entities, provided that the entity did not receive pre-K program funding within the same fiscal year. Grants are nonrenewable and shall be awarded for a period of no more than three years. Unless granted a financial hardship waiver by ED, a grant recipient shall contribute matching funds equal to at least 20% of the grant amount. | billsum_train |
Give a brief overview of the following text: SECTION 1. CREDIT FOR CLINICAL TESTING RESEARCH EXPENSES ATTRIBUTABLE
TO CERTAIN QUALIFIED ACADEMIC INSTITUTIONS INCLUDING
TEACHING HOSPITALS.
(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 inserting after section 41 the following:
``SEC. 41A. CREDIT FOR MEDICAL INNOVATION EXPENSES.
``(a) General Rule.--For purposes of section 38, the medical
innovation credit determined under this section for the taxable year
shall be an amount equal to 20 percent of the excess (if any) of--
``(1) the qualified medical innovation expenses for the
taxable year, over
``(2) the medical innovation base period amount.
``(b) Qualified Medical Innovation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified medical innovation
expenses' means the amounts which are paid or incurred by the
taxpayer during the taxable year directly or indirectly to any
qualified academic institution for clinical testing research
activities.
``(2) Clinical testing research activities.--
``(A) In general.--The term `clinical testing
research activities' means human clinical testing
conducted at any qualified academic institution in the
development of any product, which occurs before--
``(i) the date on which an application with
respect to such product is approved under
section 505(b), 506, or 507 of the Federal
Food, Drug, and Cosmetic Act,
``(ii) the date on which a license for such
product is issued under section 351 of the
Public Health Service Act, or
``(iii) the date classification or approval
of such product which is a device intended for
human use is given under section 513, 514, or
515 of the Federal Food, Drug, and Cosmetic
Act.
``(B) Product.--The term `product' means any drug,
biologic, or medical device.
``(3) Qualified academic institution.--The term `qualified
academic institution' means any of the following institutions:
``(A) Educational institution.--A qualified
organization described in section 170(b)(1)(A)(iii)
which is owned or affiliated with an institution of
higher education as described in section 3304(f).
``(B) Charitable research hospital.--A charitable
research hospital which--
``(i) is owned by an organization described
in section 501(c)(3) and exempt from taxation
under section 501(a),
``(ii) is not a private foundation, and
``(iii) is designated as a cancer center by
the National Cancer Institute.
``(4) Exclusion for amounts funded by grants, etc.--The
term `qualified medical innovation expenses' shall not include
any amount to the extent such amount is funded by any grant,
contract, or otherwise by another person (or any governmental
entity).
``(c) Medical Innovation Base Period Amount.--For purposes of this
section, the term `medical innovation base period amount' means the
average annual qualified medical innovation expenses paid by the
taxpayer during the 3-taxable year period ending with the taxable year
immediately preceding the first taxable year of the taxpayer beginning
after December 31, 1997.
``(d) Special Rules.--
``(1) Limitation on foreign testing.--No credit shall be
allowed under this section with respect to any clinical testing
research activities conducted outside the United States.
``(2) Certain rules made applicable.--Rules similar to the
rules of subsections (f) and (g) of section 41 shall apply for
purposes of this section.
``(3) Election.--This section shall apply to any taxpayer
for any taxable year only if such taxpayer elects (at such time
and in such manner as the Secretary may by regulation
prescribe) to have this section apply for such taxable year.
``(4) Coordination with credit for increasing research
expenditures and with credit for clinical testing expenses for
certain drugs for rare diseases.--Any qualified medical
innovation expense for a taxable year to which an election
under this section applies shall not be taken into account for
purposes of determining the credit allowable under section 41
or 45C for such taxable year.''
(b) General Business Credit.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (11), by striking the period
at the end of paragraph (12) and inserting ``, plus'', and by adding at
the end the following:
``(13) the medical innovation expenses credit determined
under section 41A(a).''
(c) Deduction for Unused Portion of Credit.--Section 196(c) of the
Internal Revenue Code of 1986 (defining qualified business credits) is
amended by striking ``and'' at the end of paragraph (6), by striking
the period at the end of paragraph (7) and inserting ``, and'', and by
adding at the end the following:
``(8) the medical innovation expenses credit determined
under section 41A(a).''
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding after the item relating to section 41 the
following:
``Sec. 41A. Credit for medical
innovation expenses.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Amends the Internal Revenue Code to establish a limited credit for qualified medical innovation expenses for clinical testing research expenses attributable to academic medical centers and other qualified hospital research organizations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel Regional Investment
Partnership Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The importance of travel and tourism cannot be
overstated. Travel and tourism employs America.
(2) Approximately 7,720,000 domestic jobs depend on the
travel and tourism industry.
(3) The travel and tourism industry accounts for 2.8
percent of the Nation's gross domestic product.
(4) The travel and tourism industry generates
$1,300,000,000,000 in total expenditures.
(5) The travel and tourism industry lost 392,000 jobs in
2009.
(6) In 2009, tourism output declined by $100,000,000,000.
(7) Total direct tourism employment decreased by 0.5
percent in 2010.
(8) Public-private partnerships have been underutilized in
the promotion of travel and tourism and are a dynamic tool in
creating new domestic tourism markets and promoting domestic
regional tourism growth.
SEC. 3. DOMESTIC REGIONAL TOURISM GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
grant program, to be administered by the Office of Travel and Tourism
Industries, to promote domestic regional tourism growth and new
domestic tourism market creation.
(b) Range of Grant Monetary Amounts.--The amount of each grant
awarded under this section shall be not less than $100,000 and not more
than $1,000,000.
(c) Grantee Eligibility Requirements.--
(1) Eligible entities.--Grants may be awarded under this
section to--
(A) State tourism offices;
(B) local destination marketing organizations; and
(C) partnerships between a State or local
government and local tourism entities.
(2) Regional diversity.--In awarding grants under this
section, the Secretary may consider--
(A) giving priority to regions with low
contributions to tourism marketing;
(B) maintaining regional diversity of grant
recipients; and
(C) providing benefits to rural and less-marketed
destinations.
(3) Use of funds.--Grants awarded under this section may be
used to--
(A) promote domestic regional tourism growth; and
(B) create new domestic tourism markets.
(4) Application process.--
(A) Submission.--An eligible entity seeking a grant
under this section shall submit an application to the
Secretary at such time, in such form, and with such
information and assurances as the Secretary may
require.
(B) Contents.--Each application submitted under
subparagraph (A) shall include--
(i) a description of the tourist promotion
activities to be funded by the grant; and
(ii) in the case of a partnership between a
State or local government and local tourism
entities--
(I) a list of the specific tourist
entities that such government has
partnered with to promote tourism
within the relevant domestic region;
(II) the details of the partnership
agreement;
(III) specific information
explaining how such partnership will
increase regional tourism; and
(IV) the anticipated positive
impact of the partnership on job
creation and employment in the relevant
domestic region.
(d) Matching Requirement.--
(1) Non-federal funds.--As a condition for receiving a
grant under this section, the grant recipient shall provide,
either directly or through donations from public or private
entities, non-Federal matching funds, in cash or in-kind, in an
amount equal to the amount of the grant.
(2) Special rule for in-kind donations.--Of the amount of
non-Federal matching funds required under paragraph (1), not
more than 25 percent may be provided through in-kind
contributions.
(e) Reports.--Not later than 6 months after the last day of each
fiscal year in which grants are awarded by the Secretary under this
section, the Secretary shall submit a report to Congress that details--
(1) travel-generated expenditures;
(2) travel-generated tax receipts; and
(3) travel-generated employment.
(f) Definitions.--In this section:
(1) Local tourist entity.--The term ``local tourist
entity'' means any public or private sector business engaged in
tourism-related activities.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(g) Authorization of Appropriations.--There is authorized to be
appropriated, for each of the first 5 fiscal years beginning after the
date of the enactment of this Act, $10,000,000, which shall be used for
grants under this section and shall remain available until expended. | Travel Regional Investment Partnership Act - Directs the Secretary of Commerce to establish a competitive grant program to promote domestic regional tourism growth and new domestic tourism markets. Limits grant amounts to a minimum of $100,000 and a maximum of $1 million. Allows such grants to be awarded to state tourism offices, local destination marketing organizations, and partnerships between a state or local government and local tourism entities. Requires matching funds from grant recipients.
Directs the Secretary to report annually to Congress on travel-generated expenditures, receipts, and employment related to the use of such grants. | billsum_train |
Make a brief summary of the following text: SECTION 1. DECEPTIVE GAMES OF CHANCE MAILINGS ELIMINATION.
(a) Short Title.--This Act may be cited as the ``Deceptive Games of
Chance Mailings Elimination Act of 1998''.
(b) Nonmailable Matter.--
(1) In general.--Section 3001 of title 39, United States
Code, is amended--
(A) by redesignating subsections (j) and (k) as
subsections (k) and (l), respectively; and
(B) by inserting after subsection (i) the
following:
``(j)(1) Matter otherwise legally acceptable in the mails that
constitutes a solicitation or offer in connection with the sales
promotion for a product or service or the promotion of a game of skill
that includes the chance or opportunity to win anything of value and
that contains words or symbols that suggest the recipient will, or is
likely to, receive anything of value, shall conform with requirements
prescribed in regulations issued by the Postmaster General.
``(2) Matter not in conformance with the regulations prescribed
under paragraph (1) shall not be carried or delivered by mail and shall
be disposed of as the Postal Service directs.
``(3) Regulations prescribed under paragraph (1) shall require, at
a minimum, that--
``(A) promotion of games of chance mailings contain
notification or disclosure statements, with sufficiently large
and noticeable type to be effective notice to recipients that--
``(i) any recipient is not obligated to purchase a
product in order to win;
``(ii) sets out the chances of winning accurately;
and
``(iii) advises that purchases do not enhance the
recipient's chances of winning;
``(B) games of chance mailings shall be clearly labeled
to--
``(i) identify such mailings as games of chance
mailings; and
``(ii) prohibit misleading statements representing
that recipients are guaranteed winners; and
``(C) solicitations in games of chance mailings may not
represent that the recipient is a member of a selected group
whose chances of winning are enhanced as a member of that
group.''.
(2) False representations.--Section 3005(a) of title 39,
United States Code, is amended--
(A) in the first sentence by striking ``section
3001 (d), (h), or (i)'' and inserting ``section 3001
(d), (h), (i), or (j)''; and
(B) in the second sentence by striking ``section
3001 (d), (h), or (i)'' and inserting ``section 3001
(d), (h), (i), or (j)''.
(c) Administrative Subpoenas.--
(1) In general.--Chapter 30 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3016. Administrative subpoenas
``(a) Authorization of Use of Subpoenas by Postmaster General.--In
any investigation conducted under this chapter, the Postmaster General
may require by subpoena the production of any records (including books,
papers, documents, and other tangible things which constitute or
contain evidence) which the Postmaster General finds relevant or
material to the investigation.
``(b) Service.--(1) A subpoena issued under this section may be
served by a person designated under section 3061 of title 18 at any
place within the territorial jurisdiction of any court of the United
States.
``(2) Any such subpoena may be served upon any person who is not to
be found within the territorial jurisdiction of any court of the United
States, in such manner as the Federal Rules of Civil Procedure
prescribe for service in a foreign country. To the extent that the
courts of the United States may assert jurisdiction over such
person consistent with due process, the United States District Court
for the District of Columbia shall have the same jurisdiction to take
any action respecting compliance with this section by such person that
such court would have if such person were personally within the
jurisdiction of such court.
``(3) Service of any such subpoena may be made by a Postal
Inspector upon a partnership, corporation, association, or other legal
entity by--
``(A) delivering a duly executed copy thereof to any
partner, executive officer, managing agent, or general agent
thereof, or to any agent thereof authorized by appointment or
by law to receive service of process on behalf of such
partnership, corporation, association, or entity;
``(B) delivering a duly executed copy thereof to the
principal office or place of business of the partnership,
corporation, association, or entity; or
``(C) depositing such copy in the United States mails, by
registered or certified mail, return receipt requested, duly
addressed to such partnership, corporation, association, or
entity at its principal office or place of business.
``(4) Service of any subpoena may be made upon any natural person
by--
``(A) delivering a duly executed copy to the person to be
served; or
``(B) depositing such copy in the United States mails by
registered or certified mail, return receipt requested, duly
addressed to such person at his residence or principal office
or place of business.
``(5) A verified return by the individual serving any such subpoena
setting forth the matter of such service shall be proof of such
service. In the case of service by registered or certified mail, such
return shall be accompanied by the return post office receipt of
delivery of such subpoena.
``(c) Enforcement.--(1) Whenever any person, partnership,
corporation, association, or entity fails to comply with any subpoena
duly served upon him, the Postmaster General may request that the
Attorney General seek enforcement of the subpoena in the district court
of the United States for any judicial district in which such person
resides, is found, or transacts business, and serve upon such person a
petition for an order of such court for the enforcement of this
section.
``(2) Whenever any petition is filed in any district court of the
United States under this section, such court shall have jurisdiction to
hear and determine the matter so presented, and to enter such order or
orders as may be required to carry into effect the provisions of this
section. Any final order entered shall be subject to appeal under
section 1291 of title 28. Any disobedience of any final order entered
under this section by any court shall be punished as contempt.
``(d) Disclosure.--Any documentary material provided pursuant to
any subpoena issued under this section shall be exempt from disclosure
under section 552 of title 5.''.
(2) Regulations.--Not later than 180 days after the date of
enactment of this section, the Postal Service shall promulgate
regulations setting out the procedures the Postal Service will
use to implement this subsection.
(3) Technical and conforming amendment.--The table of
sections for chapter 30 of title 39, United States Code, is
amended by adding at the end the following:
``3016. Administrative subpoenas.''.
(d) Administrative Civil Penalties for Nonmailable Matter
Violations.--Section 3012 of title 39, United States Code, is amended
by adding at the end the following:
``(e)(1) In any proceeding in which the Postal Service issues an
order under section 3005(a), the Postal Service may assess civil
penalties in an amount of $10,000 per violation for each mailing of
nonmailable matter as defined under any provision of this chapter.
``(2) The Postal Service shall prescribe regulations to carry out
the subsection.''. | Deceptive Games of Chance Mailings Elimination Act of 1998 - Amends Federal postal law concerning nonmailable matter with respect to otherwise legally acceptable matter constituting a solicitation or offer in connection with the promotion of a game of chance that contains words or symbols suggesting the recipient will, or is likely to, receive anything of value. Requires such matter to conform with specified regulations issued by the Postmaster General before it may be carried or delivered by mail. Subjects matter violating such regulations to current cease and desist and other postal law sanctions involving false representations and lotteries.
Requires any otherwise legally acceptable matter not in conformance with such regulations to be disposed of as the Postal Service directs.
Authorizes the use of administrative subpoenas by the Postmaster General in any investigation involving nonmailable matter. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 8 Reform, Responsibility,
and Accountability Act of 2007''.
SEC. 2. PROHIBITION OF SECTION 8 RENTAL ASSISTANCE FOR FELONS AND
ILLEGAL ALIENS.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (i) the
following new subsection:
``(j) Prohibition of Assistance for Felons.--Notwithstanding any
other provision of law, assistance under this section (including
tenant- and project-based assistance) may not be provided for any
family that includes an individual who--
``(1) at any time, has been convicted of a felony under any
State or Federal law; or
``(2) is unlawfully present in the United States.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply beginning upon the expiration of the 24-month period that begins
on the date of the enactment of this Act.
SEC. 3. 5-YEAR TIME LIMITATION ON SECTION 8 RENTAL ASSISTANCE.
Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n) is amended by adding at the end the following new subsection:
``(g) 5-Year Time Limitation on Section 8 Assistance.--
``(1) In general.--Except as otherwise provided in this
subsection and notwithstanding any other provision of this Act,
assistance under section 8 may not be provided on behalf of any
family that includes a member who has previously been provided
such assistance for 60 months (whether or not consecutive) or
longer.
``(2) Exception for elderly and disabled families.--In
determining the number of months for which an individual has
been provided assistance under section 8, for purposes of
paragraph (1), a public housing agency shall disregard any
month during which such individual was a member of a disabled
or elderly family so assisted.
``(3) Applicability.--
``(A) In general.--This subsection shall apply
beginning upon the expiration of the 24-month period
that begins on the date of the enactment of the Section
8 Reform, Responsibility, and Accountability Act of
2007.
``(B) Treatment of assistance before effective date
of limitation.--Except as provided in subparagraph (C),
any months that commenced before the expiration of such
period shall be considered for purposes of determining,
pursuant to paragraph (1), the number of months for
which an individual has been provided assistance under
section 8.
``(C) Two-year safe harbor after effective date.--
For purposes of paragraph (1), the maximum number of
months that commenced before the expiration of such 24-
month period that any individual may be considered to
have been provided assistance under section 8, shall be
36.''.
SEC. 4. WORK REQUIREMENTS FOR SECTION 8 RENTAL ASSISTANCE.
Section 16 of the United States Housing Act of 1937 (42 U.S.C.
1437n), as amended by the preceding provisions of this Act, is further
amendment by adding at the end the following new subsection:
``(h) Work Requirement for Assisted Families Receiving Section 8
Assistance.--
``(1) In general.--Except as provided in this subsection
and notwithstanding any other provision of this Act, assistance
under section 8 may not be provided on behalf of any family,
unless each member of the family who is 18 years of age or
older performs not fewer than 20 hours of work activities (as
such term is defined in section 407(d) of the Social Security
Act (42 U.S.C. 607(d))) per week.
``(2) Exemptions.--The Secretary of Housing and Urban
Development shall provide an exemption from the applicability
of paragraph (1) for any individual family member who--
``(A) is 62 years of age or older;
``(B) is a blind or disabled individual, as defined
under section 216(i)(1) or 1614 of the Social Security
Act (42 U.S.C. 416(i)(1); 1382c), and who is unable to
comply with this section, or is a primary caretaker of
such individual;
``(C) meets the requirements for being exempted
from having to engage in a work activity under the
State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or under
any other welfare program of the State in which the
public housing agency administering rental assistance
described in paragraph (1) is located, including a
State-administered welfare-to-work program;
``(D) is in a family receiving assistance under a
State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or under
any other welfare program of the State in which the
public housing agency administering such rental
assistance is located, including a State-administered
welfare-to-work program, and has not been found by the
State or other administering entity to be in
noncompliance with such program; or
``(E) is a single custodial parent caring for a
child who has not attained 6 years of age, and the
individual proves that the individual has a
demonstrated inability (as determined by the State) to
obtain needed child care, for one or more of the
following reasons:
``(i) Unavailability of appropriate child
care within a reasonable distance from the
individual's home or work site.
``(ii) Unavailability or unsuitability of
informal child care by a relative or under
other arrangements.
``(iii) Unavailability of appropriate and
affordable formal child care arrangements.
``(3) Administration.--A public housing agency providing
rental assistance described in paragraph (1) may administer the
work activities requirement under this subsection directly,
through a resident organization, or through a contractor having
experience in administering work activities programs within the
service area of the public housing agency. The Secretary may
establish qualifications for such organizations and
contractors.
``(4) Participation of nonprofit employment and work
development organizations.--In administering this subsection,
each public housing agency shall provide for the active
participation of nonprofit employment assistance and training
organizations and nonprofit work development organizations in
assisting families receiving rental assistance under section 8,
in accordance with such requirements as the Secretary shall
establish.
``(5) Applicability.--This subsection shall apply beginning
upon the expiration of the 24-month period that begins on the
date of the enactment of the Section 8 Reform, Responsibility,
and Accountability Act of 2007.''.
SEC. 5. PREFERENCE FOR PROVIDING SECTION 8 RENTAL ASSISTANCE TO
VETERANS.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended--
(1) in subsection (d)(1)(A)--
(A) by inserting after ``except that'' the
following: ``each public housing agency shall give
preference to families that include a member who is a
veteran as such term is defined in section 101 of title
38, United States Code) who will reside in the dwelling
unit assisted, and except that''; and
(B) by inserting after ``local preferences,'' the
following: ``which shall be subordinate to the
preference for veterans and shall be''; and
(2) in subsection (o)--
(A) in paragraph (6)(A)--
(i) in clause (ii)--
(I) by striking ``this
subparagraph'' and inserting ``clause
(ii)''; and
(II) by inserting before the period
at the end the following: ``, and shall
be subordinate to the preference
established under clause (i)'';
(ii) by redesignating clauses (i) and (ii)
(as so amended) as clauses (ii) and (iii),
respectively; and
(iii) by inserting before clause (ii) (as
so redesignated by clause (ii) of this
subparagraph) the following new clause:
``(i) Required preference for veterans.--In
making tenant-based assistance under this
subsection available on behalf of eligible
families, each public housing agency shall give
preference to families that include a member
who is a veteran (as such term is defined in
section 101 of title 38, United States Code)
who will reside in the dwelling unit
assisted.''; and
(B) in paragraph (13)(J)--
(i) by striking ``The agency'' and
inserting the following: ``In selecting
families to receive project-based assistance
pursuant to this paragraph, the agency shall
give preference to families that include a
member who is a veteran (as such term is
defined in section 101 of title 38, United
States Code) who will reside in the unit. In
addition, the agency''; and
(ii) by inserting after ``section 5A'' the
following: ``, except that any such preferences
established pursuant to this sentence shall be
subordinate to the preference established by
the preceding sentence.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply beginning upon the date of the enactment of this Act.
SEC. 6. SENSE OF THE CONGRESS REGARDING THE MOVING TO WORK PROGRAM.
It is the sense of the Congress that the Moving to Work
demonstration program of the Department of Housing and Urban
Development under section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1996 (42 U.S.C. 1437f note) should be expanded to
include significantly more public housing agencies.
SEC. 7. USE OF UNSPENT HOUSING ASSISTANCE PAYMENTS CONTRACT AMOUNTS FOR
COMPLIANCE MEASURES.
Amounts provided by the Secretary of Housing and Urban Development
to a public housing agency under an annual contributions contract for
rental assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) that remain unused for housing assistance
payments contracts may be used by such agency for actions--
(1) to monitor compliance of owners of housing assisted
under such section and tenants of such housing with all laws
and regulations relating to such assistance; and
(2) to enforce violations of such laws and regulations.
SEC. 8. PUBLIC AVAILABILITY OF PHA PLANS.
(a) In General.--Section 5A of the United States Housing Act of
1937 (42 U.S.C. 1437c-1) is amended by adding at the end the following
new subsection:
``(m) Public Availability of Plan.--Each public housing agency that
has a public housing agency plan approved under this section shall make
the approved plan (and any approved modifications and amendments to
such plan) publicly available for inspection during regular business
hours at the offices of the agency and in electronic form by means of
the World Wide Web.''.
(b) Applicability.--Subsection (m) of section 5A of the United
States Housing Act of 1937, as added by the amendment made by
subsection (a), shall apply beginning upon the date of the enactment of
this Act. | Section 8 Reform, Responsibility, and Accountability Act of 2007 - Amends the United States Housing Act of 1937 to prohibit section 8 rental assistance (including tenant- and project-based assistance) from being provided to any family that includes a convicted felon or illegal alien.
Places a five-year limitation on section 8 rental assistance, disregarding any month during which such individual was a member of a disabled or elderly family so assisted.
Prohibits such assistance on behalf of any family, unless each member of the family who is 18 years of age or older performs at least 20 hours of work activities per week.
Requires the Secretary of Housing and Urban Development (HUD) to exempt from such prohibition any individual family member who meets certain requirements.
Requires a public housing agency (PHA), in providing such housing assistance, to give preference to families that include a member who is a veteran that will reside in the dwelling unit.
Expresses the sense of Congress that the HUD Moving to Work demonstration program under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 should be expanded to include significantly more PHAs.
Authorizes the use of unspent section 8 housing assistance payments for section 8 compliance measures.
Requires approved PHA plans, including modifications and amendments, to be made public at the PHA's office and in electronic form on the World Wide Web. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Y2K State and Local Government
Assistance Programs Act''.
SEC. 2. AUTHORITY TO MAKE GRANTS.
(a) In General.--From amounts made available to carry out this Act,
the Secretary of Commerce may make grants under this Act only to States
for carrying out activities described in section 3.
(b) Time Limitation.--The Secretary may not make a grant under this
Act after the expiration of the 2-year period beginning on the date of
the enactment of this Act.
(c) Numerical Limitations.--Of grants made under this Act during
the period described in subsection (b), the Secretary may not make more
than--
(1) 2 grants to any single State; and
(2) 75 grants overall.
SEC. 3. USE OF AMOUNTS.
(a) Y2K Compliance Project.--Amounts received under a grant under
this Act may be used only to carry out a project that meets the
following requirements:
(1) The project makes Y2K compliant the information
technology used by a State or local government agency to
administer one or more Federal, State, or local government
programs.
(2) The project uses amounts received under the grant to
supplement and not to supplant the level of State and local
funds that, in the absence of such amounts, would have been
expended on efforts to achieve Y2K compliance.
(3) The project meets such other requirements as the
Secretary may prescribe.
(b) Matching Requirement.--
(1) In general.--Subject to this subsection, each recipient
shall, as a condition of receiving grant amounts under this
Act, supplement the grant amounts received under this Act with
an amount of funds from sources other than this Act that is not
less than 50 percent of the grant amount received under this
Act.
(2) Supplemental funds.--In calculating the amount of
supplemental funds under paragraph (1), a recipient may include
the value of any donated material or building, the value of any
lease on a building, and any salary paid to staff to carry out
the Y2K compliance project.
(3) Waiver for hardship.--The Secretary may waive or modify
the matching requirement described in paragraph (1) in the case
of any State that the Secretary determines would suffer undue
hardship as a result of being subject to the requirement.
SEC. 4. SELECTION CRITERIA.
(a) In General.--The Secretary shall make grants under this Act in
accordance with competitive criteria established by the Secretary,
which shall include the need for and the feasibility of the proposed
Y2K compliance project.
(b) Priority.--The Secretary shall give priority to proposed
projects that relate to making Y2K compliant the information technology
used to administer Federal welfare programs.
SEC. 5. APPLICATION.
(a) In General.--The Secretary may make a grant under this Act only
with respect to an application by a State for a grant under this Act
that meets the following requirements:
(1) The application is submitted through the executive
office of the State.
(2) The application is submitted to the Secretary within 45
days after the enactment of this Act.
(3) The application contains a description of the proposed
project, including a proposed budget and a request for a
specific funding amount.
(4) The application describes the manner in which the State
proposes to satisfy the matching requirement described in
section 3(b) or describes the circumstances justifying a
determination that the State would suffer undue hardship as a
result of being subject to the requirement.
(5) The application contains such other information,
assurances, and certifications as the Secretary may require.
SEC. 6. REPORTS.
(a) By Grant Recipients.--Each recipient of grant amounts under
this Act shall submit to the Secretary each year a report that--
(1) describes the status and results of the Y2K compliance
project for which the grant was made;
(2) includes an independent evaluation of the project; and
(3) contains such other information as the Secretary may
require.
(b) By Secretary.--Not later than 90 days after the expiration of
the 2-year period beginning on the date of the enactment of this Act,
the Secretary shall submit to Congress a final report describing and
evaluating the activities carried out under this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, and any
other territory or possession of the United States.
(3) Welfare program.--The term ``welfare program'' means
one or more of the following programs:
(A) TANF.--A State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et
seq.).
(B) Medicaid.--The program of medical assistance
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
(C) Food stamps.--The food stamp program, as
defined in section 3(h) of the Food Stamp Act of 1977
(7 U.S.C. 2012(h)).
(D) WIC.--The program of assistance under the
special supplemental nutrition program for women,
infants and children (WIC) under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786).
(E) Child support enforcement.--The child support
and paternity establishment program established under
part D of title IV of the Social Security Act (42
U.S.C. 651 et seq.).
(F) Child welfare.--A child welfare program or a
program designed to promote safe and stable families
established under subpart 1 or 2 of part B of title IV
of the Social Security Act (42 U.S.C. 620 et seq.).
(G) Child care.--The Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.)
(including funding provided under section 418 of the
Social Security Act (42 U.S.C. 618)).
(4) Y2K compliant.--The term ``Y2K compliant'' means, with
respect to information technology, that the information
technology accurately processes (including calculating,
comparing, and sequencing) date and time data from, into, and
between the 20th and 21st centuries and the years 1999 and
2000, and leap year calculations, to the extent that other
information technology properly exchanges date and time data
with it.
SEC. 8. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$40,000,000 for fiscal years 1999 to 2001 funded from the Y2K Emergency
Supplemental Funds appropriated in the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277;
112 Stat. 2681). | Y2K State and Local Government Assistance Programs Act - Authorizes the Secretary of Commerce to make up to 75 grants to States (not more than two to any State) to carry out projects that: (1) make Y2K compliant the information technology used by a State or local government to administer one or more Federal, State, or local programs; and (2) use amounts received under the grant to supplement and not to supplant the level of State and local funds that would have been expended on efforts to achieve Y2K compliance.
Requires each recipient to supplement the grant amounts received with an amount of funds from sources other than this Act that is 50 percent of the grant amount received. Allows the Secretary to waive or modify such matching requirement for any State that he or she determines would suffer undue hardship.
(Sec. 4) Requires the Secretary to: (1) make such grants in accordance with competitive criteria which shall include the need for and the feasibility of the proposed Y2K compliance project; and (2) give priority to projects that relate to making Y2K compliant the information technology used to administer Federal welfare programs.
(Sec. 5) Sets forth grant application requirements.
(Sec. 6) Requires each recipient of grant amounts to submit annually to the Secretary a report that: (1) describes the status and results of the Y2K compliance project for which the grant was made; and (2) includes an independent evaluation of such project.
Requires the Secretary to submit a final report to Congress describing and evaluating the activities carried out under this Act.
(Sec. 9) Authorizes appropriations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Devil's Staircase Wilderness Act of
2009''.
SEC. 2. DESIGNATION OF WILDERNESS AREA, DEVIL'S STAIRCASE WILDERNESS,
OREGON.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon
administered by the Forest Service and the Bureau of Land Management,
comprising approximately 30,520 acres, as generally depicted on the map
titled ``Devil's Staircase Wilderness Proposal'', dated October 26,
2009, are designated as a wilderness area for inclusion in the National
Wilderness Preservation System and to be known as the ``Devil's
Staircase Wilderness''.
(b) Map and Legal Description.--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 legal
description of wilderness area designated by subsection (a). The map
and legal description shall have the same force and effect as if
included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
SEC. 3. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the Devil's
Staircase Wilderness Area shall be administered by the Secretaries of
Agriculture and the Interior, in accordance with the Wilderness Act and
the Oregon Wilderness Act of 1984, except that, with respect to the
wilderness area, any reference in the Wilderness Act to the effective
date of that Act shall be deemed to be a reference to the date of the
enactment of this Act.
(b) Forest Service Roads.--As provided in section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture
shall--
(1) decommission any National Forest System road within the
wilderness boundaries; and
(2) convert Forest Service Road 4100 within the wilderness
boundary to a trail for primitive recreational use.
SEC. 4. INCORPORATION OF ACQUIRED LAND AND INTERESTS.
Any land within the boundary of the wilderness area designated by
this Act that is acquired by the United States shall--
(1) become part of the Devil's Staircase Wilderness Area;
and
(2) be managed in accordance with this Act and any other
applicable law.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Oregon with respect to
wildlife and fish in the national forests.
SEC. 6. BUFFER ZONES.
(a) In General.--As provided in the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for
designation of the wilderness area under this Act to lead to the
creation of protective perimeters or buffer zones around the wilderness
area.
(b) Activities or Uses up to Boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from within a
wilderness area shall not, of itself, preclude the activities or uses
up to the boundary of the wilderness area.
SEC. 7. WITHDRAWAL.
Subject to valid rights in existence on the date of enactment of
this Act, the Federal land designated as wilderness area by this Act is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 8. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act shall be construed to diminish--
(1) the existing rights of any Indian tribe; or
(2) tribal rights regarding access to Federal lands for
tribal activities, including spiritual, cultural, and
traditional food gathering activities.
SEC. 9. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by inserting the following paragraphs:
``(__) Franklin creek, oregon.--The 4.5-mile segment from
the headwaters to the private land boundary in section 8 to be
administered by the Secretary of Agriculture as a wild river.
``(__) Wasson creek, oregon.--
``(A) The 4.2-mile segment from the eastern edge of
section 17 downstream to the boundary of sections 11
and 12 to be administered by the Secretary of Interior
as a wild river.
``(B) The 5.9-mile segment downstream from the
boundary of sections 11 and 12 to the private land
boundary in section 22 to be administered by the
Secretary of Agriculture as a wild river.''. | Devil's Staircase Wilderness Act of 2009 - Designates certain federal land in Oregon as the Devil's Staircase Wilderness and as a wilderness area for inclusion in the National Wilderness Preservation System.
Requires the Devil's Staircase Wilderness Area to be administered by the Secretaries of Agriculture and the Interior, subject to valid existing rights.
Requires the Secretary of Agriculture to decommission any National Forest System road within the wilderness boundaries and to convert Forest Service Road 4100 to a trail for primitive recreational use.
Deems land acquired by the United States within the boundary of the Wilderness Area as part of the Devil's Staircase Wilderness.
Specifies this Act's effect on fish and wildlife, buffer zones, and tribal rights.
Withdraws the federal land designated as a wilderness area by this Act from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Consolidated Reporting Act of 2011''.
SEC. 2. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-numbered year,
the Commission shall publish on its Web site and submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a) shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video, and
data services among providers of telecommunications, providers
of commercial mobile service (as defined in section 332),
multichannel video programming distributors (as defined in
section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other providers
of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability
(as defined in section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302)), regardless of the technology used for
such deployment, including whether advanced telecommunications
capability is being deployed to all Americans in a reasonable
and timely fashion;
``(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), or foreign governments) pose a barrier to
competitive entry into the communications marketplace or to the
competitive expansion of existing providers of communications
services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities in
the communications marketplace that were identified through the
assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider the effect of intermodal competition, facilities-based
competition, and competition from new and emergent
communications services, including the provision of content and
communications using the Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability.
``(3) International comparisons and demographic
information.--The Commission may use readily available data to
draw appropriate comparisons between the United States
communications marketplace and the international communications
marketplace and to correlate its assessments with demographic
information.''.
SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications Satellite
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law 109-34
(47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103 of the
Broadband Data Improvement Act (47 U.S.C. 1303) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(d) Status of Competition in the Market for the Delivery of Video
Programming Report.--Section 628 of the Communications Act of 1934 (47
U.S.C. 548) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (j) as subsection (g).
(e) Report on Cable Industry Prices.--
(1) In general.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (n) as
subsections (k) through (m), respectively.
(2) Conforming amendment.--Section 613(a)(3) of the
Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by
striking ``623(l)'' and inserting ``623(k)''.
(f) Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
subsection (c).
(g) Section 706 Report.--Section 706 of the Telecommunications Act
of 1996 (47 U.S.C. 1302) is amended--
(1) in subsection (b)--
(A) in the last sentence, by striking ``If the
Commission's determination is negative, it'' and
inserting ``If the Commission determines in its report
under section 13 of the Communications Act of 1934 that
advanced telecommunications capability is not being
deployed to all Americans in a reasonable and timely
fashion, the Commission''; and
(B) by striking the first and second sentences;
(2) by striking subsection (c);
(3) in subsection (d), by striking ``this subsection'' and
inserting ``this section''; and
(4) by redesignating subsection (d) as subsection (c).
(h) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by
striking the first and second sentences.
(i) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of
1934 (47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendments.--The Communications Act of 1934
is amended--
(A) in section 9(i), by striking ``In the
Commission's annual report, the Commission shall
prepare an analysis of its progress in developing such
systems and'' and inserting ``The Commission''; and
(B) in section 309(j)(8)(B), by striking the last
sentence.
(j) Additional Outdated Reports.--The Communications Act of 1934 is
amended--
(1) in section 4--
(A) in subsection (b)(2)(B)--
(i) in clause (i), by striking ``(i) The
Commission'' and inserting ``The Commission'';
and
(ii) by striking clause (ii); and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking
subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking
subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit
report''; and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and
inserting ``Regulations'';
(B) by striking ``Within 1 year after'' and all
that follows through ``on means of assuring'' and
inserting ``The Commission shall issue such regulations
as are necessary to assure''; and
(C) by striking ``Within 180 days after'' and all
that follows through ``to assure such compatibility.'';
and
(11) in section 713, by striking subsection (a).
SEC. 4. EFFECT ON AUTHORITY.
Nothing in this Act or the amendments made by this Act shall be
construed to expand or contract the authority of the Federal
Communications Commission. | Federal Communications Commission Consolidated Reporting Act of 2011 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to publish on its website and submit to Congress a biennial report on the state of the communications marketplace assessing: (1) competition, including intermodal, facilities-based, and new and emergent services competition and addressing the provision of content and communications using the Internet; (2) deployment of communications capabilities, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion; and (3) whether laws, regulations, or regulatory practices pose a barrier to competitive entry or expansion of existing providers of communications services.
Requires the FCC to compile a list of geographic areas that are not served by any provider of advanced telecommunications capability.
Repeals and consolidates various FCC reports including reports on satellite competition, international broadband, video programming, cable industry prices, small business entry barriers, commercial mobile radio, and several other existing reports under such Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Educator Loan Forgiveness Act
of 2007''.
SEC. 2. LOAN FORGIVENESS FOR SERVICE AS AN EARLY CHILDHOOD EDUCATOR.
Section 428K (20 U.S.C. 1078-11) is amended to read as follows:
``SEC. 428K. LOAN FORGIVENESS FOR SERVICE AS AN EARLY CHILDHOOD
EDUCATOR.
``(a) Purposes.--The purposes of this section are--
``(1) to encourage highly trained individuals to enter and
continue in service as early childhood educators; and
``(2) to reduce the burden of student debt for Americans
who dedicate their careers to service as early childhood
educators.
``(b) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary is
authorized to forgive, in accordance with this section, the
student loan obligation of a borrower in the amount specified
in subsection (c), for any new borrower after the date of
enactment of the Early Educator Loan Forgiveness Act of 2007,
who--
``(A) has been employed full-time for at least 5
consecutive complete school years as an early childhood
educator in an eligible preschool program or eligible
early childhood education program in a low-income
community, and who is involved directly in the care,
development, and education of infants, toddlers, or
young children through age 5; and
``(B) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized to
carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made, insured, or guaranteed under this part; and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title.
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(c) Qualified Loan Amount.--The Secretary shall forgive not more
than $5,000 in the aggregate of the student loan obligation of a
borrower that is outstanding after the completion of the fifth
consecutive school year of employment described in subsection (b)(1).
``(d) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of a loan.
``(e) Award Basis.--Loan forgiveness under this section shall be on
a first-come, first-served basis and subject to the availability of
appropriations.
``(f) Ineligibility for Double Benefits.--No borrower may receive a
reduction of loan obligations under both this section and section 428J
or 460.
``(g) Definitions.--In this section:
``(1) Early childhood educator.--The term `early childhood
educator' means an early childhood educator who works directly
with children in an eligible preschool program or eligible
early childhood education program who has completed a
baccalaureate or advanced degree in early childhood
development, early childhood education, or in a field related
to early childhood education.
``(2) Eligible preschool program.--The term `eligible
preschool program' means a program that provides for the care,
development, and education of infants, toddlers, or young
children through age 5, meets any applicable State or local
government licensing, certification, approval, and registration
requirements, and is operated by--
``(A) a public or private school that may be
supported, sponsored, supervised, or administered by a
local educational agency;
``(B) a Head Start agency serving as a grantee
designated under the Head Start Act (42 U.S.C. 9831 et
seq.);
``(C) a nonprofit or community based organization;
or
``(D) a child care program, including a home.
``(3) Eligible early childhood education program.--The term
`eligible early childhood education program' means--
``(A) a family child care program, center-based
child care program, State prekindergarten program,
school program, or other out-of-home early childhood
development care program, that--
``(i) is licensed or regulated by the
State; and
``(ii) serves 2 or more unrelated children
who are not old enough to attend kindergarten;
``(B) a Head Start Program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.); or
``(C) an Early Head Start Program carried out under
section 645A of the Head Start Act (42 U.S.C. 9840a).
``(4) Low-income community.--In this subsection, the term
`low-income community' means a community in which 70 percent of
households earn less than 85 percent of the State median
household income.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2008 and each of the 5 succeeding fiscal years.''. | Early Educator Loan Forgiveness Act of 2007 - Amends the Higher Education Act of 1965 to replace the loan forgiveness demonstration program for child care providers with a program providing student loan forgiveness or cancellation under the Federal Family Education Loan or Direct Loan programs to borrowers who are employed for at least five consecutive complete school years as early childhood educators who work directly with children in eligible preschool or early childhood education programs in low-income communities.
Requires such educators to have completed a baccalaureate or advanced degree in early childhood development, early childhood education, or in a field related to early childhood education.
Limits such forgiveness or cancellation to no more than $5,000 of the borrower's loan outstanding upon completion of five years of service. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Sumner Project Title Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Fort Sumner
Irrigation District, located in De Baca County, New Mexico.
(2) Forbearance agreement.--The term ``Forbearance
Agreement'' means the contract between the United States and
the District for the forbearance of exercising priority water
rights numbered 08-WC-40-292 and dated August 21, 2009
(including any amendments to that contract).
(3) Project.--The term ``Project'' means the Fort Sumner
reclamation project.
(4) Repayment contract.--The term ``Repayment Contract''
means the contract between the United States and the District
numbered Ilr-1524 and dated November 5, 1948 (including any
supplements and amendments to that contract).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Transfer agreement.--The term ``Transfer Agreement''
means the agreement entitled ``Memorandum of Agreement between
the United States and the Fort Sumner Irrigation District
Concerning Principles and Elements of Proposed Transfer of
Title to Fort Sumner Irrigation District Facilities'' and
numbered 11-WC-40-406 (including any amendments to that
agreement).
SEC. 3. CONVEYANCE.
(a) In General.--The Secretary is authorized to convey to the
District all right and title of the United States in and to all works,
land, and facilities of the Project, in accordance with the terms and
conditions established in the Transfer Agreement.
(b) Valid Existing Rights.--The conveyance under this section shall
be subject to all valid existing leases, permits, rights-of-way,
easements, and other rights appurtenant to the property conveyed.
(c) Costs of Conveyance.--The costs of the conveyance under this
section, including the costs of environmental compliance, may be shared
between the United States and the District, in accordance with the
Transfer Agreement.
(d) Compliance With Environmental Laws.--
(1) In general.--In carrying out the conveyance under
subsection (a), the Secretary shall comply with all applicable
requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the property
conveyed.
(2) Effect.--Nothing in this Act modifies or alters any
obligation under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(e) Failure To Convey.--If the Secretary fails to complete the
conveyance under this section by the date that is 1 year after the date
of enactment of this Act, the Secretary shall submit to Congress a
report that--
(1) explains the reasons why the conveyance has not been
completed; and
(2) states the date by which the conveyance will be
completed.
SEC. 4. LIABILITY.
(a) In General.--Effective on the date of the conveyance under
section 3, the United States--
(1) shall have no further interest in, and shall have no
responsibility for operating or maintaining, the Project; and
(2) shall not be liable for damages of any kind arising out
of any act, omission, or occurrence relating to the conveyed
property, except for damages caused by acts committed by the
United States or employees, agents, or contractors of the
United States before the date of the conveyance.
(b) Effect of Section.--Nothing in this section increases the
liability of the Untied States beyond the liability provided under
chapter 171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
SEC. 5. TERMINATION OF REPAYMENT CONTRACT.
Effective beginning on the date of the conveyance under section 3--
(1) the Repayment Contract shall terminate; and
(2) the United States and the District shall have no
obligations under the Repayment Contract.
SEC. 6. FORBEARANCE AGREEMENT.
(a) Payment Obligation.--In accordance with paragraph 4(a) of the
Forbearance Agreement, effective beginning on the date of termination
of the Repayment Contract under section 5, the United States shall have
no payment obligation under paragraph 4(a) of the Forbearance
Agreement.
(b) Other Terms and Conditions.--All other terms and conditions of
the Forbearance Agreement shall remain in full force and effect on
termination of the Repayment Contract under section 5.
(c) Term.--The term of the Forbearance Agreement shall be not less
than 10 years after the date of enactment of this Act.
SEC. 7. FUTURE BENEFITS.
Effective beginning on the date of the conveyance under section 3,
no additional amounts from the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
shall be provided for the conveyed land or facilities due to the status
of the land and facilities as part of a reclamation project. | Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities.
Requires the Secretary to report to Congress if such conveyance isn't completed within one year. Terminates, on the date of such conveyance: (1) U.S. interest in, responsibility for, and liability relating to such property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment.
Prohibits, effective on the date of such conveyance, any additional amounts from the reclamation fund established by the Act of June 17, 1902, from being provided for the conveyed land or facilities due to their status as part of a reclamation project. | billsum_train |
Summarize the following text: SECTION 1. RESTRICTIONS.
The Secretary of Commerce may not--
(1) discontinue the Survey of Income and Program
Participation,
(2) make any change in the design or content of such
Survey, or
(3) allow any of the foregoing,
unless the discontinuation or change involved has first been approved
in accordance with section 2.
SEC. 2. PROPOSED ACTIONS.
(a) In General.--Whenever in the judgment of the Secretary of
Commerce it becomes necessary to discontinue the Survey of Income and
Program Participation or to make any change in the design or content of
the Survey of Income and Program Participation, he shall prepare a
written proposal under this subsection. Such proposal--
(1) shall include--
(A) a description of the specific actions proposed
to be taken;
(B) the date or schedule for their proposed
implementation; and
(C) the reasons or justification for each proposed
action; and
(2) shall be submitted by the Secretary of Commerce to the
SIPP Commission (established by section 3) in such time, form,
and manner as the Commission may require.
(b) Consideration and Decision.--The SIPP Commission shall promptly
consider any proposal received under subsection (a) and, after
appropriate deliberation, shall transmit its decision to approve or
disapprove such proposal to the Secretary of Commerce in timely
fashion. Any such decision shall be in writing and shall include a
statement of reasons and justification.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Commission on the Survey of Income and Program Participation''
(in this Act referred to as the ``SIPP Commission'' or the
``Commission'').
(b) Composition.--The Commission shall be composed of--
(1) the Director of the Office of Management and Budget,
who shall serve ex officio;
(2) 1 member from the Department of Agriculture, who shall
be appointed by the Secretary of Agriculture;
(3) 1 member from the Department of Labor, who shall be
appointed by the Secretary of Labor;
(4) 1 member from the Department of Energy, who shall be
appointed by the Secretary of Energy;
(5) 1 member from the Department of Health and Human
Services, who shall be appointed by the Secretary of Health and
Human Services;
(6) 1 member from the Social Security Administration, who
shall be appointed by the Commissioner of Social Security;
(7) 1 member from the Bureau of the Census, who shall be
appointed by the Secretary of Commerce in consultation with the
Director of the Census; and
(8) 2 members from the National Academy of Sciences, who
shall be appointed by the Director of the Office of Management
and Budget from among individuals recommended by the Council of
the National Academy of Sciences.
All appointments to the Commission shall be made from among social
scientists and statisticians who have experience analyzing longitudinal
household data on economic well-being and participation in government
programs.
(c) Terms of Appointees.--
(1) In general.--Except as provided in paragraph (2), each
member who is appointed to the Commission shall be appointed
for a term of 2 years.
(2) Vacancies.--
(A) In general.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term.
(B) Service after term ends.--A member may serve
after the expiration of that member's term until a
successor has taken office.
(C) Manner of appointment.--A vacancy among any of
the appointed members shall be filled in the manner in
which the original appointment was made.
(d) Chairman.--The Director of the Office of Management and Budget
shall serve as Chairman of the Commission.
(e) Functions.--
(1) In general.--It shall be the function of the Commission
to consider and act on any proposal relating to the Survey of
Income and Program Participation (described in section 2(a)) in
accordance with section 2(b).
(2) Nondelegable functions.--The functions of the Director
of the Office of Management and Budget under this Act shall be
nondelegable.
(f) Procedures.--The Commission shall meet at the call of the
Chairman of the Commission. A majority of the members of the Commission
who are eligible to vote shall constitute a quorum. All members except
those under paragraphs (1) and (8), respectively, of subsection (b)
shall be eligible to vote.
(g) Compensation.--Members of the Commission shall serve as such
without pay, but shall be allowed travel expenses, including a per diem
allowance in lieu of subsistence, in the same manner as persons serving
intermittently in Government service are allowed travel expenses under
section 5703 of title 5, United States Code.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect as of the date of the enactment of this
Act or September 30, 2006, whichever is earlier. | Prohibits the Secretary of Commerce from: (1) discontinuing the Survey of Income and Program Participation; (2) making any change in the design or content of such Survey; or (3) allowing any of the foregoing unless the discontinuation or change involved has first been approved in accordance with this Act.
Provides that whenever, in the judgment of the Secretary, it becomes necessary to discontinue the Survey of Income and Program Participation (SIPP), or to make any change in its design or content, the Secretary shall prepare a written proposal.
Establishes the Commission on the Survey of Income and Program Participation (SIPP Commission) to consider and act on any proposal relating to the SIPP in accordance with this Act.
Requires the SIPP Commission to consider promptly any proposal received under this Act and, after appropriate deliberation, transmit its decision of approval or disapproval to the Secretary in a timely fashion. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Moving to Work Charter Program Act
of 2006''.
SEC. 2. MOVING TO WORK CHARTER PROGRAM AUTHORIZATION.
(a) Purpose.--The purpose of this Act is--
(1) to give public housing agencies and the Secretary of
Housing and Urban Development (in this Act referred to as the
``Secretary'') the flexibility to design and implement various
approaches for providing and administering housing assistance
that achieves greater cost effectiveness in using Federal
housing assistance to address local housing needs for low-
income families;
(2) to reduce administrative burdens on public housing
agencies providing such assistance;
(3) to give incentives to assisted families to work and
become economically self-sufficient;
(4) to increase housing choices for low-income families;
and
(5) to enhance the ability of low-income elderly residents
and persons with disabilities to live independently.
(b) Moving to Work Charter Program Authority.--
(1) Contract authority.--
(A) In general.--Subject to the phase-in
requirements under subparagraph (B), the Secretary
shall enter into charter contracts, beginning in fiscal
year 2007, with up to 250 public housing agencies
administering the public housing program or the section
8 housing assistance program under the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.).
(B) Phase-in.--The phase-in requirements under this
subparagraph are as follows:
(i) By the end of fiscal year 2007, the
Secretary shall have entered into charter
contracts with at least 80 public housing
agencies described in subparagraph (A).
(ii) By the end of fiscal year 2008, the
Secretary shall have entered into charter
contracts with at least 160 public housing
agencies described in subparagraph (A).
(iii) By the end of fiscal year 2009, the
Secretary shall have entered into charter
contracts with at least 250 public housing
agencies described in subparagraph (A).
(2) Charter contracts.--A charter contract shall--
(A) supersede and have a term commensurate with any
annual contributions contract between a public housing
agency and the Secretary; and
(B) provide that a participating public housing
agency shall receive--
(i) capital and operating assistance
allocated to such agency under section 9 of the
United States Housing Act of 1937 (42 U.S.C.
1437g); and
(ii) assistance provided under section 8
United States Housing Act of 1937 (42 U.S.C.
1437f).
(3) Use of assistance.--Any assistance provided under
paragraph (2)(B)--
(A) may be combined; and
(B) shall be used to provide locally designed
housing assistance for low-income families, as such
term is defined in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)),
including--
(i) services to facilitate the transition
to work and self-sufficiency; and
(ii) any other activity which a public
housing agency is authorized to undertake
pursuant to State or local law.
(c) Terms and Conditions of Assistance.--
(1) Applicability of united states housing act of 1937.--
Except as provided in this section, the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) shall not be applicable to
any public housing agency participating in the Moving to Work
Charter program established under this section.
(2) Applicable 1937 act provisions.--The following
provisions of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) are applicable to any public housing agency
participating in the Moving to Work Charter program established
under this section:
(A) Subsections (a) and (b) of section 12 (42
U.S.C. 1437j(a) and (b)) shall apply to housing
assisted under a charter contract, other than housing
assisted solely due to occupancy by families receiving
tenant based rental assistance.
(B) Section 18 (42 U.S.C. 1437p) shall continue to
apply to public housing developed under such Act
notwithstanding any use of the housing under a charter
contract.
(3) Charter contract terms.--A charter contract shall
provide that a public housing agency--
(A) may--
(i) combine assistance received under
sections 8 and 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437f and 1437g), as
described in subsection (b)(3); and
(ii) use such assistance to provide housing
assistance and related services for activities
authorized by this section, including those
activities authorized by sections 8 and 9 of
such Act;
(B) certify that in preparing its application for
participation in the Moving to Work Charter program
established under this section, such agency has--
(i) provided for citizen participation
through a public hearing and, if appropriate,
other means; and
(ii) taken into account comments from the
public hearing and any other public comments on
the proposed activities under this Act,
including comments from current and prospective
residents who would be affected by such
contract;
(C) shall ensure that at least 75 percent of the
families assisted under a charter contract shall be, at
the time of such families entry into the Moving to Work
Charter program, very low-income families, as such term
is defined in section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2));
(D) shall establish a reasonable rent policy, which
shall--
(i) be designed to encourage employment,
self-sufficiency, and homeownership by
participating families, consistent with the
purpose of this Act;
(ii) include transition and hardship
provisions;
(iii) be included in the annual plan of
such agency; and
(iv) be subject to the opportunities for
public participation described in subsection
(e)(1)(D);
(E) shall continue to assist not less than
substantially the same total number of low-income
families as would have been served had such agency not
entered into a such contract;
(F) shall maintain a comparable mix of families (by
family size) as would have been provided had the agency
not entered into such contract;
(G) shall ensure that housing assisted under such
contract meets housing quality standards established or
approved by the Secretary;
(H) shall receive training and technical
assistance, upon request by such agency, to assist with
the design and implementation of the activities
described under this Act;
(I) shall receive an amount of assistance under
sections 8 and 9 of the United States Housing Act of
1937 (42 U.S.C. 1437f and 1437g), that is not
diminished by the participation of such agency in the
Moving to Work Charter program established under this
section; and
(J) shall be subject to the procurement procedures
described in such contract.
(d) Selection.--In selecting among applications to participate in
the Moving to Work Charter program established under this section, the
Secretary shall consider--
(1) the potential of each agency to plan and carry out
activities under such program;
(2) the relative performance by an agency under section
6(j) of the United States Housing Act of 1937 (42 U.S.C.
1437d(j));
(3) the need for a diversity of participants in terms of
size, location, and type of agency; and
(4) any other appropriate factor as determined by the
Secretary.
(e) Charter Report.--
(1) Contents.--
(A) In general.--Notwithstanding any other
provision of law, and in place of all other planning
and reporting requirements otherwise required, each
public housing agency that is a party to a charter
contract shall submit to the Secretary, on an annual
basis, a single charter report, in a form and at a time
specified by the Secretary.
(B) Sole means of reporting.--A charter report
submitted under subparagraph (A) shall be the sole
means by which a public housing agency shall be
required to provide information to the Secretary on the
activities assisted under this section during a fiscal
year, unless the Secretary has reason to believe that
such agency has violated the charter contract between
the Secretary and such agency.
(C) Requirements.--Each charter report required
under subparagraph (A) shall--
(i) document the use by a public housing
agency of any assistance provided under a
charter contract, including appropriate
financial statements;
(ii) describe and analyze the effect of
assisted activities in addressing the
objectives of this section;
(iii) include a certification by such
agency that such agency has prepared an annual
plan which--
(I) states the goals and objectives
of that agency under the charter
contract for the past fiscal year;
(II) describes the proposed use of
assistance by that agency for
activities under the charter contract
for the past fiscal year;
(III) explains how the proposed
activities of that agency will meet the
goals and objectives of that agency;
(IV) includes appropriate budget
and financial statements of that
agency; and
(V) was prepared in accordance with
a public process as described in
subparagraph (D);
(D) describe and document how a public housing
agency has provided residents assisted under a charter
contract and the wider community with opportunities to
participate in the development of and comment on the
annual plan, which shall include at least 1 public
hearing; and
(E) include such other information as may be
required by the Secretary pursuant to subsection
(f)(2).
(2) Review.--Any charter report submitted pursuant to
paragraph (1) shall be deemed approved unless the Secretary,
not later than 45 days after the date of submission of such
report, issues a written disapproval because--
(A) the Secretary reasonably determines, based on
information contained in the report that a public
housing agency is not in compliance with the provisions
of this section or other applicable law; or
(B) such report is inconsistent with other reliable
information available to the Secretary.
(f) Records and Audits.--
(1) Keeping of records.--Each public housing agency shall
keep such records as the Secretary may prescribe as reasonably
necessary--
(A) to disclose the amounts and the disposition of
amounts under the Moving to Work Charter program
established under this section;
(B) to ensure compliance with the requirements of
this section; and
(C) to measure performance.
(2) Access to documents by the secretary.--
(A) In general.--The Secretary shall have access
for the purpose of audit and examination to any books,
documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of,
this section.
(B) Limitation.--Access by the Secretary described
under subparagraph (A) shall be limited to information
obtained solely through the annual charter report
submitted by a public housing agency under subsection
(e), unless the Secretary has reason to believe that
such agency is not in compliance with the charter
contract between the Secretary and such agency.
(3) Access to documents by the comptroller general.--The
Comptroller General of the United States, or any duly
authorized representative of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of the
Moving to Work Charter program established under this section.
(g) Procurement Preemption.--
(1) In general.--Any State or local law which imposes
procedures or standards for procurement which conflict with or
are more burdensome than applicable Federal procurement
requirements shall not apply to any public housing agency under
the Moving to Work Charter program established under this
section.
(2) Reduction of administrative burdens.--The Secretary may
approve procurement procedures for public housing agencies
participating in the Moving to Work Charter program established
under this section that reduce administrative burdens of
procurement requirements imposed by Federal law.
(h) Subsequent Laws Preempted.--A public housing agency
participating in the Moving to Work Charter program established under
this section shall not be subject to any provision of law which
conflicts with the provisions of this section and which is enacted
subsequent to the date of execution of such agency's charter contract
or Moving to Work program agreement, as described in subsection (i),
unless such law expressly provides for such laws application to public
housing agencies subject to this section.
(i) Existing Agreements.--Notwithstanding anything in this section
or any other provision of law, any public housing agency which has an
existing Moving to Work program agreement with the Secretary pursuant
to section 204 of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321-281) and which is not in default
thereof, may, at the option of such agency--
(1) continue to operate under the terms and conditions of
such agreement notwithstanding any limitation on the terms
contained in such contract; or
(2) at any time, enter into a charter contract with the
Secretary on terms and conditions which are not less favorable
to the agency than such existing agreement.
(j) Public Housing Agency Evaluation.--
(1) In general.--By the end of fiscal year 2007, the
Secretary shall appoint a Federal advisory committee consisting
of public housing agencies with charter contracts, public
housing industry organizations, resident organizations, other
public housing and section 8 voucher stakeholders, and experts
on accreditation systems in similar fields, to assess and
develop a demonstration program to test standards, criteria,
and practices for a national public housing agency
accreditation system or other evaluation system.
(2) Report.--Not later than the end of fiscal year 2009,
the committee established under paragraph (1) and the Secretary
shall provide a report and recommendations to Congress with
respect to the establishment of a national public housing
agency accreditation system. | Moving to Work Charter Program Act of 2006 - Directs the Secretary of Housing and Urban Development to enter into charter contracts, beginning in FY2007, with up to 250 public housing agencies administering the public housing program or the section 8 housing assistance program under the United States Housing Act of 1937.
States that such charter contracts shall: (1) supersede and have a term commensurate with any annual contributions contract between a public housing agency and the Secretary; and (2) provide that a participating public housing agency shall receive capital and operating assistance allocated to it under specified laws.
Exempts charter contracts from the requirements of the United States Housing Act of 1937, except those for payment of wages prevailing in the community and the demolition and disposition of public housing.
Requires a charter contract to provide that a public housing agency: (1) may combine section 8 low-income assistance and Public Housing Capital and Operating Fund assistance and use it for housing assistance and related services for activities under this Act; (2) shall ensure that at least 75% of the families assisted are very low-income families; (3) shall establish a reasonable rent policy designed to encourage employment, self-sufficiency, and home ownership by participating families; and (4) meet specified additional requirements.
Directs the Secretary to appoint a federal advisory committee to assess and develop a demonstration program to test standards, criteria, and practices for a national public housing agency accreditation system or other evaluation system. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shortening Hours and Retaining
Employees Credit Act of 2009'' or the ``SHARE Credit Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to keep Americans working by encouraging
employers to hold wages constant while decreasing employee work hours
as a means of providing an alternative to layoffs and promoting labor
demand in the private sector.
SEC. 3. WORK SHARE CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by adding at the end the following new section:
``SEC. 36B. WORK SHARE CREDIT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle an amount equal the wages paid or incurred
by the taxpayer during the taxable year to each qualified work share
employee.
``(b) Maximum Credit Per Employee.--The credit allowed by this
section with respect to each qualified work share employee shall not
exceed the lesser of--
``(1) $3,000, or
``(2) 10 percent of the wages paid or incurred to the
employee for periods (during the taxable year) during which the
employee did not perform services for the employer by reason of
a reduction described in subsection (d)(1)(A)(ii)(II).
``(c) Qualified Work Share Employee.--For purposes of this
section--
``(1) In general.--The term `qualified work share employee'
means any employee of the taxpayer for any period if--
``(A) substantially all of the services performed
during such period by such employee for such employer
are performed in the United States in a trade or
business of the employer, and
``(B) such employee is participating in a qualified
work share program of the employer.
``(2) Exceptions.--Such term shall not include any
individual who is described in any subparagraph of section
1396(d)(2).
``(d) Qualified Work Share Program.--For purposes of this section--
``(1) In general.--The term `qualified work share program'
means any written program of the employer--
``(A) under which employees who participate in the
program--
``(i) perform the same functions they would
have performed were they not participants in
the program, and
``(ii) receive the same wages and benefits
that they would have received--
``(I) were they not participants in
the program, and
``(II) without regard to any
reduction in the hours of the
employee's service (including any
reduction in the form of increased
required paid leave or paid vacation)
required by the employer as a condition
of participating in the program,
``(B) which is determined by the Secretary to have
adequate recordkeeping and reporting procedures to
comply with the requirements under this section,
``(C) which meets the disclosure requirements of
paragraph (2), and
``(D) which meets rules similar to the rules of
paragraphs (2), (3), and (6) of section 127(d).
The application of this paragraph to individuals employed on an
hourly basis shall be determined under regulations prescribed
by the Secretary.
``(2) Employer compliance disclosure.--A program meets the
disclosure requirements of the paragraph if--
``(A) in the case of an employer with a publicly
accessible Internet website, the employer posts the
hour reductions made for the purpose of qualifying for
a credit under this section within 24 hours of such
reductions being authorized by the employer, and
``(B) in the case of any other employer, the
employer transfers information, including the amount of
hour reductions made for the purpose of qualifying for
a credit under this section, to the Secretary within 24
hours of such reductions being authorized by the
employer.
``(e) Wages.--For purposes of this section, the term `wages' has
the meaning given to such term by section 51(c).
``(f) Controlled Groups.--Rules similar to the rules of subsections
(b) and (c) of section 1397 shall apply for purposes of this
section.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``36B(a),'' after ``45P(a),''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:
``Sec. 36B. Work share credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to qualified work shares initiated after the date of the
enactment of this Act in taxable years ending after such date.
(e) Payments to Governments and Other Tax-exempt Entities.--
(1) In general.--In the case of any entity to which this
subsection applies, the Secretary of the Treasury shall pay
(without interest) to such entity an amount equal to the credit
which would be allowed under section 36B of the Internal
Revenue Code of 1986 (as added by this section) were such
entity subject to the taxes imposed by chapter 1 of such Code.
(2) Entities entitled to payments.--This subsection shall
apply to--
(A) any State, political subdivision of a State, or
agency or instrumentality of one or more States or
political subdivisions, and
(B) any organization exempt from tax under section
501(a) of such Code (other than an organization
required to make a return of the tax imposed under
subtitle A of such Code for the taxable year).
(3) Time for filing claims; period covered.--Not more than
one claim may be filed under paragraph (1) by any entity with
respect to wages paid or incurred during any calendar year, and
no claim shall be allowed under this paragraph with respect to
any calendar year unless filed by such entity not later than 3
years after the close of such calendar year.
(f) Use of Payroll Tax Data for Employer Compliance Purposes.--No
later than 60 days after the enactment of this Act, the Secretary of
the Treasury shall establish a system--
(1) to verify employer compliance with section 36B of the
Internal Revenue Code of 1986 (as added by this section) using
payroll tax data, and
(2) to allow employers to comply with the requirements in
section 36B(d)(2) of such Code (as so added). | Shortening Hours and Retaining Employees Credit Act of 2009 or the SHARE Credit Act of 2009 - Amends the Internal Revenue Code to allow employers a refundable tax credit for wage subsidies paid to employees whose hours are reduced in accordance with a qualified work share program (i.e., a written employer plan under which employees work fewer hours without a reduction in pay). Limits the amount of such credit to the lesser of $3,000 per employee or 10% of the wages for periods in which an employee's hours are reduced under a work share program. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Fraud Reduction and
Unethical Deception (FRAUD) Prevention Act''.
SEC. 2. IMMEDIATE SUSPENSION OF CLAIMANT REPRESENTATIVES UPON FELONY
CONVICTIONS OR DISBARMENT.
Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1))
is amended--
(1) in the third sentence, by striking ``disbarred or''
each place it appears; and
(2) by inserting after the third sentence the following:
``Upon conviction of an individual for a felony in a Federal or
State Court or, in the case of an attorney, upon disbarment
from any court or bar to which he or she was previously
admitted to practice, the Commissioner may, after due notice,
immediately disqualify or suspend the individual from appearing
as a claimant representative before the Social Security
Administration, pending an expedited hearing.''.
SEC. 3. NEW AND STRONGER PENALTIES.
(a) Conspiracy To Commit Social Security Fraud.--
(1) Amendment to title ii.--Section 208(a) of the Social
Security Act (42 U.S.C. 408(a)) is amended--
(A) in paragraph (7)(C), by striking ``or'' at the
end;
(B) in paragraph (8), by adding ``or'' at the end;
and
(C) by inserting after paragraph (8) the following:
``(9) conspires to commit any offense described in any of
paragraphs (1) through (8),''.
(2) Amendment to title viii.--Section 811(a) of such Act
(42 U.S.C. 1011(a)) is amended--
(A) in paragraph (3), by striking ``or'' at the
end;
(B) in paragraph (4), by striking the comma and
adding ``; or'' at the end; and
(C) by inserting after paragraph (4) the following:
``(5) conspires to commit any offense described in any of
paragraphs (1) through (4),''.
(3) Amendment to title xvi.--Section 1632(a) of such Act
(42 U.S.C. 1383a(a)) is amended--
(A) in paragraph (3), by striking ``or'' at the
end;
(B) in paragraph (4), by adding ``or'' at the end;
and
(C) by inserting after paragraph (4) the following:
``(5) conspires to commit any offense described in any of
paragraphs (1) through (4),''.
(b) Increased Criminal Penalties for Certain Individuals Violating
Positions of Trust.--
(1) Amendment to title ii.--Section 208(a) of the Social
Security Act (42 U.S.C. 408(a)), as amended by subsection (a),
is further amended by striking the period at the end and
inserting ``, except that in the case of a person who receives
a fee or other income for services performed in connection with
any determination with respect to benefits under this title
(including a claimant representative, translator, or current or
former employee of the Social Security Administration), or who
is a physician or other health care provider who submits, or
causes the submission of, medical or other evidence in
connection with any such determination, such person shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not more
than ten years, or both.''.
(2) Amendment to title viii.--Section 811(a) of such Act
(42 U.S.C. 1011(a)), as amended by subsection (a), is further
amended by striking the period at the end and inserting ``,
except that in the case of a person who receives a fee or other
income for services performed in connection with any
determination with respect to benefits under this title
(including a claimant representative, translator, or current or
former employee of the Social Security Administration), or who
is a physician or other health care provider who submits, or
causes the submission of, medical or other evidence in
connection with any such determination, such person shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not more
than ten years, or both.''.
(3) Amendment to title xvi.--Section 1632(a) of such Act
(42 U.S.C. 1383a(a)), as amended by subsection (a), is further
amended by striking the period at the end and inserting ``,
except that in the case of a person who receives a fee or other
income for services performed in connection with any
determination with respect to benefits under this title
(including a claimant representative, translator, or current or
former employee of the Social Security Administration), or who
is a physician or other health care provider who submits, or
causes the submission of, medical or other evidence in
connection with any such determination, such person shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not more
than ten years, or both.''.
(c) Increased Civil Monetary Penalties for Certain Individuals
Violating Positions of Trust.--Section 1129(a)(1) of the Social
Security Act (42 U.S.C. 1320a-8(a)(1)) is amended, in the matter
following subparagraph (C), by inserting after ``withholding disclosure
of such fact'' the following: ``, except that in the case of such a
person who receives a fee or other income for services performed in
connection with any such determination (including a claimant
representative, translator, or current or former employee of the Social
Security Administration) or who is a physician or other health care
provider who submits, or causes the submission of, medical or other
evidence in connection with any such determination, the amount of such
penalty shall be not more than $7,500''.
(d) Establishment of Sanctions for Violations by Claimant
Representatives.--Section 206(a)(1) of the Social Security Act (42
U.S.C. 406(a)(1)) is amended by inserting after ``or who violates any
provision of this section for which a penalty is prescribed.'' the
following: ``The Commissioner of Social Security shall establish rules
under which fines and other sanctions the Commissioner determines to be
appropriate may be imposed and collected for failure to comply with the
Commissioner's rules and regulations.''.
(e) Civil Monetary Penalty on Claimant Representatives.--Section
1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended by
adding at the end the following:
``(4) Any person (including an organization, agency, or
other entity) who, while acting as a claimant representative
pursuant to section 206, knowingly charges, demands, receives,
or collects for services rendered in excess of the maximum fee
prescribed by the Commissioner of Social Security or allowed by
a court in connection with proceedings before the court to
which section 206(b)(1) is applicable, shall be subject to, in
addition to any other penalties that may be prescribed by law,
a civil monetary penalty of not more than $7,500 for each
violation. Such person shall also be subject to an assessment,
in lieu of damages sustained by the United States resulting
from the improper payment, of not more than twice the amount of
any payments so received.''.
(f) Inflation Adjustment of Certain Civil Monetary Penalties.--
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended
by inserting after section 1129B the following:
``SEC. 1129C. CIVIL MONETARY PENALTY INFLATION ADJUSTMENT.
``(a) Adjustment by Regulation.--The Commissioner of Social
Security shall, not later than 180 days after the date of enactment of
the Disability Fraud Reduction and Unethical Deception (FRAUD)
Prevention Act, and at least once every 4 years thereafter--
``(1) by regulation adjust the maximum amount of each civil
monetary penalty by the inflation adjustment described under
subsection (b); and
``(2) publish each such regulation in the Federal Register.
``(b) Amount of Adjustment.--The inflation adjustment under
subsection (a) shall be determined by increasing the maximum amount of
each civil monetary penalty by the cost-of-living adjustment. Any
increase determined under this subsection shall be rounded to the
nearest--
``(1) multiple of $1,000 in the case of penalties greater
than $1,000 but less than or equal to $10,000; and
``(2) multiple of $5,000 in the case of penalties greater
than $10,000 but less than or equal to $100,000.
``(c) Definitions.--For purposes of this section--
``(1) the term `civil monetary penalty' means--
``(A) a penalty imposed by paragraph (1), (3), or
(4) of section 1129(a); and
``(B) a penalty imposed by paragraph (1) or (2) of
section 1140(b); and
``(2) the term `cost-of-living adjustment' means the
percentage (if any) for each civil monetary penalty by which--
``(A) the Consumer Price Index for all Urban
Consumers (CPI-U) for the month of June of the calendar
year preceding the adjustment, exceeds
``(B) the CPI-U for the month of June of the
calendar year in which the amount of such civil
monetary penalty was last set or adjusted pursuant to
law.
``(d) Application of Increase.--Any increase under this Act in a
civil monetary penalty shall apply only to violations which occur after
the date the increase takes effect.''.
(g) Mandatory Restitution in Social Security Fraud Cases.--
(1) Amendments to title ii.--Section 208(b) of the Social
Security Act (42 U.S.C. 408(b)) is amended--
(A) in paragraph (1), by striking ``may order'' and
inserting ``shall order'';
(B) in paragraph (2), by striking ``3663'' and
inserting ``3663A'';
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(2) Amendments to title viii.--Section 811(b) of such Act
(42 U.S.C. 1011(b)) is amended--
(A) in paragraph (1), by striking ``may order'' and
inserting ``shall order'';
(B) in paragraph (2), by striking ``3663'' and
inserting ``3663A'';
(C) by striking paragraph (3); and
(D) by redesignating paragraph (4) as paragraph
(3).
(3) Amendments to title xvi.--Section 1632(b) of such Act
(42 U.S.C. 1383a(b)) is amended--
(A) in paragraph (1), by striking ``may order'' and
inserting ``shall order'';
(B) in paragraph (2), by striking ``3663'' and
inserting ``3663A'';
(C) by striking paragraph (3); and
(D) by redesignating paragraph (4) as paragraph
(3).
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall apply with respect to violations occurring
on or after the date of the enactment of this Act.
(h) No Benefits Payable to Individuals for Whom a Civil Monetary
Penalty Is Imposed for Fraudulently Concealing Work Activity.--Section
222(c)(5) of the Social Security Act (42 U.S.C. 422(c)(5)) is amended
by inserting after ``conviction by a Federal court'' the following: ``,
or the imposition of a civil monetary penalty under section 1129,''.
(i) Improved Collection of Civil Money Penalties and Assessments.--
Section 1129(e) of the Social Security Act (42 U.S.C.
1320a-8) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2) the following:
``(1) Civil money penalties and assessments imposed under
this section may be compromised by the Commissioner of Social
Security.''; and
(3) in paragraph (2) (as redesignated by paragraph (1) of
this section), by striking ``Civil money penalties and
assessments imposed under this section may be compromised by
the Commissioner of Social Security and may be recovered--''
and inserting ``To the extent that the Commissioner of Social
Security determines to seek recovery of a civil money penalty
or assessment imposed under this section, the Commissioner
shall promptly seek such recovery--''.
SEC. 4. REVIEW OF HIGHEST-EARNING CLAIMANT REPRESENTATIVES.
Not later than 1 year after the date of the enactment of this Act
and biennially thereafter, the Inspector General of the Social Security
Administration shall conduct biennial reviews of the practices of a
sample of the highest earning claimant representatives to ensure
compliance with the policies of the Social Security Administration. | Disability Fraud Reduction and Unethical Deception (FRAUD) Prevention Act Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSAct) to authorize the Social Security Administration (SSA) to disqualify or suspend immediately from appearing as a claimant representative before it any individual who has been convicted of a felony in a federal or state court, or, in the case of an attorney, upon the individual's disbarment from any court or bar to which he or she was previously admitted to practice. Amends SSAct titles II, VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) to subject to criminal penalties for fraud any conspiracy to commit specified offenses, and increase criminal as well as civil monetary penalties for certain individuals in positions of trust who commit fraud. Amends SSAct title II to direct the SSA to establish rules under which fines and other appropriate sanctions may be imposed on claimant representatives for failure to comply with the SSA rules and regulations. Amends SSAct title XI to: (1) establish a civil monetary penalty for any claimant representative who knowingly charges for services rendered in excess of the maximum fee prescribed by the SSA or allowed by a court, and (2) direct the SSA periodically to adjust civil monetary penalty maximum amounts for inflation. Requires federal courts (which currently are merely authorized) to order defendants convicted of Social Security fraud to provide restitution to victims in certain cases. Amends SSAct title II to ban any payment of benefits to individuals on whom a civil monetary penalty is imposed for fraudulently concealing work activity. Directs the Inspector General of the SSA to conduct biennial reviews of the practices of a sample of the highest earning claimant representatives to ensure compliance with SSA policies. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Dependent Hospital Relief
Act of 1995''.
SEC. 2. DEVELOPMENT OF SEPARATE APPLICABLE PERCENTAGE INCREASES FOR
MEDICARE DEPENDENT HOSPITALS AND OTHER HOSPITALS BY THE
PROSPECTIVE PAYMENT ASSESSMENT COMMISSION.
(a) Development of Separate Applicable Percentage Increases.--
(1) In general.--The Prospective Payment Assessment
Commission established under section 1886(e)(2) of the Social
Security Act (42 U.S.C. 1395ww(e)(2)) (in this section referred
to as the ``Commission'') shall, in accordance with paragraph
(2), develop for fiscal year 1997 and each fiscal year
thereafter separate applicable percentage increases described
in section 1886(b)(3)(B) of such Act (42 U.S.C.
1395ww(b)(3)(B)) for medicare dependent hospitals and
subsection (d) hospitals which are not medicare dependent
hospitals.
(2) Equalization of medicare margins.--The Commission shall
develop separate applicable percentage increases under
paragraph (1) such that, if such factors were in effect, the
estimated average annual medicare margins of all medicare
dependent hospitals in furnishing inpatient hospital services
to medicare beneficiaries in such fiscal year would be equal to
the average annual medicare margins of all subsection (d)
hospitals which are not medicare dependent hospitals in
furnishing inpatient hospital services to medicare
beneficiaries in such fiscal year.
(3) Budget neutrality.--The Commission shall provide that
the separate applicable percentage increases developed under
paragraph (1) would, if in effect, not result in aggregate
payments under section 1886 of the Social Security Act (42
U.S.C. 1395ww) to medicare dependent hospitals and subsection
(d) hospitals which are not medicare dependent hospitals for
the furnishing of inpatient hospital services in a fiscal year
in excess of the aggregate payments under such section to such
hospitals in such fiscal year if such factors were not in
effect.
(b) Reports.--
(1) In general.--Beginning in March 1996, the Commission
shall, in each of the Commission's March reports to the
Congress required under section 1886(e)(3) of the Social
Security Act (42 U.S.C. 1395ww(e)(3)) include--
(A) the separate applicable percentage increases
developed by the Commission under subsection (a)(1) for
the upcoming fiscal year; and
(B) recommendations on methods to ensure that
medicare beneficiaries who receive services furnished
by medicare dependent hospitals have the same access
and quality of care as medicare beneficiaries who are
furnished services by subsection (d) hospitals which
are not medicare dependent hospitals.
(2) Annual review of medicare margins.--The Commission
shall develop the recommended methods under paragraph (1)(B)
after annually reviewing the average medicare margins in
medicare dependent hospitals and the impact of such medicare
margins on the medicare dependent hospitals' overall profit
margins.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Medicare beneficiary.--The term ``medicare
beneficiary'' means an individual who is entitled to benefits
under part A of title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.).
(2) Medicare dependent hospital.--The term ``medicare
dependent hospital'' means any subsection (d) hospital--
(A) that is not classified as a sole community
hospital under section 1886(d)(5)(D) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(D)); and
(B) for which not less than 60 percent of its
inpatient days were attributable to medicare
beneficiaries during 2 of the last 3 preceding fiscal
years for which data is available.
(3) Medicare margin.--
(A) In general.--The term ``medicare margin'' means
for a fiscal year the ratio expressed as a percentage
equal to--
(i) the difference between all medicare
revenues paid to a hospital for the operating
costs of inpatient hospital services in a
fiscal year and all medicare program eligible
expenses for such operating costs for such
fiscal year (as shown by each hospital's HCFA
2552 report submitted annually to the Health
Care Financing Administration); divided by
(ii) all medicare revenues paid to the
hospital for the operating costs of inpatient
hospital services for such fiscal year.
(B) Operating costs of inpatient hospital
services.--The term ``operating costs of inpatient
hospital services'' has the meaning given such term in
section 1886(a)(4) of the Social Security Act (42
U.S.C. 1395ww(a)(4)).
(4) Subsection (d) hospital.--The term ``subsection (d)
hospital'' has the meaning given such term in section
1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)). | Medicare Dependent Hospital Relief Act of 1995 - Directs the Prospective Payment Assessment Commission to: (1) develop separate applicable percentage increases for Medicare dependent and certain non-Medicare dependent hospitals to ensure that the average annual Medicare margins of the two hospitals are equalized while ensuring budget neutrality; and (2) include in each of its March reports to the Congress the percentage increases for the upcoming fiscal year, as well as recommendations on methods for ensuring that Medicare beneficiaries who receive Medicare dependent hospital services have the same access and quality of care as those beneficiaries furnished with certain non-Medicare dependent hospital services. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Safety Enhancement Act of
2008''.
SEC. 2. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.
Section 106 of title 49, United States Code, is amended by adding
at the end the following:
``(s) Aviation Safety Whistleblower Investigation Office.--
``(1) Establishment.--There is established in the
Department of Transportation an Aviation Safety Whistleblower
Investigation Office (referred to in this subsection as the
`Office').
``(2) Director.--
``(A) Appointment.--The head of the Office shall be
the Director, who shall be appointed by the Secretary
of Transportation.
``(B) Qualifications.--The Director shall have a
demonstrated ability in investigations and knowledge
of, or experience in, aviation.
``(C) Term.--The Director shall be appointed for a
term of 5 years.
``(D) Vacancy.--Any individual appointed to fill a
vacancy in the position of the Director occurring
before the expiration of the term for which the
individual's predecessor was appointed shall be
appointed for the remainder of that term.
``(3) Complaints and investigations.--
``(A) Authority of director.--The Director shall--
``(i) receive complaints and information
submitted by employees of persons holding
certificates issued under title 14, Code of
Federal Regulations, and employees of the
Administration concerning the possible
existence of an activity relating to a
violation of an order, regulation, or standard
of the Administration or any other provision of
Federal law relating to aviation safety;
``(ii) assess complaints and information
submitted under clause (i) and determine
whether a substantial likelihood exists that a
violation of an order, regulation, or standard
of the Administration or any other provision of
Federal law relating to aviation safety may
have occurred; and
``(iii) based on findings of the assessment
conducted under clause (ii), submit written
recommendations to the Administrator of the
Federal Aviation Administration (referred to in
this subsection as the `Administrator') for
further investigation or corrective actions.
``(B) Disclosure of identities.--The Director shall
not disclose the identity of an individual who submits
a complaint or information under subparagraph (A)(i)
unless--
``(i) the individual provides written
consent to the disclosure; or
``(ii) the Director determines, in the
course of an investigation, that the disclosure
is unavoidable.
``(C) Independence of director.--The Secretary of
Transportation, the Administrator, or any officer or
employee of the Administration may not prevent or
prohibit the Director from--
``(i) initiating, carrying out, or
completing any assessment of a complaint or
information submitted subparagraph (A)(i); or
``(ii) reporting to Congress on any such
assessment.
``(D) Access to information.--In conducting an
assessment of a complaint or information submitted
under subparagraph (A)(i), the Director shall have
access to all records, reports, audits, reviews,
documents, papers, recommendations, and other material
necessary to determine whether a substantial likelihood
exists that a violation of an order, regulation, or
standard of the Administration or any other provision
of Federal law relating to aviation safety may have
occurred.
``(4) Responses to recommendations.--The Administrator
shall submit a written response to a recommendation submitted
by the Director under subparagraph (A)(iii) and retain records
related to any further investigations or corrective actions
taken in response to the recommendation.
``(5) Incident reports.--If the Director determines there
is a substantial likelihood that a violation of an order,
regulation, or standard of the Administration or any other
provision of Federal law relating to aviation safety may have
occurred that requires immediate corrective action, the
Director shall expeditiously report the potential violation to
the Administrator and the Inspector General of the Department
of Transportation.
``(6) Reporting of criminal violations to inspector
general.--If the Director has reasonable grounds to believe
that there has been a violation of Federal criminal law, the
Director shall expeditiously report the violation to the
Inspector General.
``(7) Annual reports to congress.--Not later than October 1
of each year, the Director shall submit a report to Congress
that contains--
``(A) information on the number of complaints
submitted and information received by the Director
under paragraph (3)(A)(i) during the preceding 12-month
period;
``(B) summaries of the submissions described in
subparagraph (A);
``(C) summaries of further investigations and
corrective actions recommended in response to the
submissions described in subparagraph (A); and
``(D) summaries of the responses of the
Administrator to the recommendations described in
subparagraph (C).''.
SEC. 3. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.
(a) Findings.--Congress finds the following:
(1) Subsections (a) and (d) of section 40101 of title 49,
United States Code, directs the Federal Aviation Administration
(in this section referred to as the ``Administration'') to make
safety its highest priority.
(2) In 1996, to ensure that there would be no appearance of
a conflict of interest for the Administration in carrying out
its safety responsibilities, Congress amended section 40101(d)
of such title to remove the responsibilities of the
Administration to promote airlines.
(3) Despite these directives from Congress regarding the
priority of safety, the Administration--
(A) issued a vision statement in which it stated
that the vision of the Administration includes ``being
responsive to our customers and accountable to the
public''; and
(B) issued a customer service initiative in 2003,
which required aviation inspectors to treat air
carriers and other aviation certificate holders as
``customers'' rather than as regulated entities.
(4) The initiatives described in paragraph (3) appear to
have given regulated entities and Administration inspectors the
impression that the management of the Administration gives an
unduly high priority to the satisfaction of regulated entities
regarding its inspection and certification decisions and other
lawful actions of its safety inspectors.
(5) As a result of the emphasis on customer satisfaction,
some managers of the Administration have discouraged vigorous
enforcement and replaced inspectors whose lawful actions
adversely affected an air carrier.
(b) Modification of Initiative.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the Federal
Aviation Administration shall modify the customer service initiative,
mission, and vision statements, and other statements of policy of the
Administration--
(1) to remove any reference to air carriers and other
entities regulated by the Administration as ``customers'';
(2) to clarify that in regulating safety, the only
customers of the Administration are individuals traveling on
aircraft; and
(3) to clarify that air carriers and other entities
regulated by the Administration do not have the right to select
the employees of the Administration who will inspect their
operations.
(c) Safety Priority.--In carrying out the Administrator's
responsibilities, the Administrator shall ensure that safety is given a
higher priority than preventing the dissatisfaction of an air carrier
or other entity regulated by the Administration with an employee of the
Administration.
SEC. 4. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.
(a) In General.--Section 44711 of title 49, United States Code, is
amended by adding at the end the following:
``(d) Post-Employment Restrictions for Flight Standards
Inspectors.--
``(1) Prohibition.--A person holding an operating
certificate issued under title 14, Code of Federal Regulations,
may not engage in employment negotiations, knowingly employ, or
make a contractual arrangement of employment with an employee
of the Federal Aviation Administration if the individual, in
the preceding 2-year period--
``(A) served as, or was responsible for oversight
of, a flight standards inspector of the Agency; and
``(B) had responsibility to inspect, or oversee
inspection of, the operations of the certificate
holder.
``(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be acting
as an agent or representative of a certificate holder in a
matter before the Administration if the individual makes any
written or oral communication on behalf of the certificate
holder to the Administration (or any of its officers or
employees) in connection with a particular matter, whether or
not involving a specific party and without regard to whether
the individual has participated in, or had responsibility for,
the particular matter while serving as a flight standards
inspector of the Administration.''.
(b) Applicability.--The amendment made by subsection (a) shall not
apply to an individual employed by a certificate holder as of the date
of the enactment of this Act.
SEC. 5. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.
(a) In General.--An individual serving as a principal supervisory
inspector of the Administration may not be responsible for overseeing
the operations of a single air carrier for a continuous period of more
than 5 years.
(b) Transitional Provision.--An individual serving as a principal
supervisory inspector of the Agency with respect to an air carrier as
of the date of enactment of this Act may be responsible for overseeing
the operations of the carrier until the last day of the 5-year period
specified in subsection (a) or the last day of the 2-year period
beginning on such date of enactment, whichever is later.
(c) Issuance of Order.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue an order to carry out this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as may be necessary to
carry out this section.
SEC. 6. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.
(a) Defined Term.--In this section, the term ``Voluntary Disclosure
Reporting Program'' means the program established by the Federal
Aviation Administration through Advisory Circular 00-58A, dated
September 8, 2006.
(b) Verification and Evaluation.--The Administrator of the Federal
Aviation Administration shall modify the Voluntary Disclosure Reporting
Program to require inspectors to--
(1) verify that air carriers implement comprehensive
solutions to correct the underlying causes of the violations
voluntarily disclosed by such air carriers; and
(2) evaluate, before accepting a new report of a previously
disclosed violation, whether the air carrier took the actions
described in paragraph (1).
(c) Supervisory Review of Voluntary Self-Disclosures.--The
Administrator shall establish a process by which voluntary self-
disclosures received from air carriers are reviewed and approved by a
supervisor after the initial paper review by an inspector.
SEC. 7. NATIONAL REVIEW TEAM.
(a) Establishment.--The Administrator of the Federal Aviation
Administration shall establish a National Review Team, comprised of
Federal Aviation Administration inspectors who are serving or have
served as principal supervisory inspectors.
(b) Responsibilities.--The National Review Team shall conduct
periodic, unannounced audits of air carrier operations and maintenance
practices and procedures to evaluate air carrier oversight carried out
by the Federal Aviation Administration throughout the United States.
(c) Supervision.--The National Review Team shall be directly
supervised by the Associate Administrator for Aviation Safety.
(d) Limitation.--The Associate Administrator for Aviation Safety
shall prohibit each member of the National Review Team from
participating in any audit described in subsection (b) if such member
had previously had the responsibility for inspecting, or overseeing the
inspection of, the operations of the air carrier that is the subject of
such audit.
SEC. 8. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM
DATABASE.
(a) Reviews.--The Administrator of the Federal Aviation
Administration shall establish a process by which the air
transportation oversight system database of the Federal Aviation
Administration is reviewed by a team of employees of the Administration
on a monthly basis to ensure--
(1) the identification of any trends in regulatory
compliance; and
(2) that appropriate corrective actions are taken in
accordance with Administration regulations, advisory
directives, policies, and procedures.
(b) Monthly Team Reports.--
(1) In general.--The team of employees conducting a monthly
review of the air transportation oversight system database
under subsection (a) shall submit a report on the results of
the review to the Administrator, the Associate Administrator
for Aviation Safety, and the Director of Flight Standards.
(2) Contents.--Each report submitted under paragraph (1)
shall identify--
(A) any trends in regulatory compliance discovered
by the team of employees in conducting the monthly
review; and
(B) any corrective actions taken or proposed to be
taken in response to the trends.
(c) Quarterly Reports to Congress.--The Administrator shall submit
a quarterly report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that--
(1) describes the results of the reviews of the air
transportation oversight system database conducted under this
section; and
(2) includes copies of reports received under subsection
(b).
SEC. 9. RULEMAKING.
Not later than 90 days after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration shall
prescribe regulations to carry out this Act and the amendments made by
this Act. | Aviation Safety Enhancement Act of 2008 - Establishes in the Department of Transportation (DOT) an Aviation Safety Whistleblower Investigation Office to receive and assess complaints and information relating to possible violations of aviation safety laws and regulations.
Directs the Administrator of the Federal Aviation Administration (FAA) to modify the FAA customer service initiative, mission and vision, and other policy statements to: (1) remove any reference to air carriers and other entities regulated by the FAA as "customers"; (2) state that in regulating safety the only FAA customers are individuals traveling on aircraft; and (3) state that air carriers and other entities regulated by the FAA do not have the right to select the FAA employees who will inspect their operations.
Prohibits any person holding an air carrier operating certificate from engaging in employment negotiations, knowingly employing, or making a contractual employment arrangement with an FAA employee if, in the preceding two-year period, the individual: (1) served as, or was responsible for oversight of, an FAA flight standards inspector; and (2) had responsibility to inspect, or oversee inspection of, the operations of the certificate holder.
Prohibits any individual serving as a principal supervisory inspector of the FAA from being responsible for overseeing the operations of a single air carrier for a continuous period of more than five years.
Directs the FAA Administrator to: (1) modify the Voluntary Disclosure Reporting Program to require inspectors to verify that air carriers implement solutions to correct violations they have voluntarily disclosed and evaluate, before accepting a new report of a previously disclosed violation, whether such air carriers took such corrective actions; (2) establish a process for the review and approval of voluntary self-disclosures received from air carriers; (3) establish a National Review Team to conduct periodic, unannounced audits of air carrier operations and maintenance practices to evaluate FAA air carrier oversight throughout the United States; and (4) establish a process for the monthly review of the FAA air transportation oversight system database by FAA employees. | billsum_train |
Create a summary of the following text: SECTION 1. EMPLOYEE SURVEYS.
(a) In General.--Chapter 14 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 1403. Employee surveys
``(a) In General.--Each agency shall conduct an annual survey of
its employees (including survey questions unique to the agency and
questions prescribed under subsection (b)) to assess--
``(1) leadership and management practices that contribute
to agency performance; and
``(2) employee satisfaction with--
``(A) leadership policies and practices;
``(B) work environment;
``(C) rewards and recognition for professional
accomplishment and personal contributions to achieving
organizational mission;
``(D) opportunity for professional development and
growth; and
``(E) opportunity to contribute to achieving
organizational mission.
``(b) Regulations; Notice.--
``(1) In general.--The Director of the Office of Personnel
Management shall issue regulations prescribing survey questions
that should appear on all agency surveys under subsection (a)
in order to allow a comparison across agencies.
``(2) Notice of change to regulations.--
``(A) In general.--The Director of the Office of
Personnel Management may not issue a regulation under
this section until the date that is 60 days after the
date on which the Director submits such regulation to
the Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate unless
the Director submitted such regulation to those
committees not later than the day after the date on
which the notice of proposed rulemaking is published in
the Federal Register.
``(B) Applicability.--Subparagraph (A) shall apply
with respect to any regulation promulgated on or after
the date of enactment of this paragraph.
``(3) Notice of change to survey questions.--Not later than
60 days before finalizing any change, addition, or removal to
any survey question in the annual employee survey administered
by the Office pursuant to this section, the Director shall--
``(A) make the proposed change, addition, or
removal and the proposed final text, if applicable, of
any such question publicly available on the agency's
website; and
``(B) provide to the Committee on Oversight and
Government Reform of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate--
``(i) the proposed change, addition, or
removal and the proposed final text, if
applicable, of any such question;
``(ii) a justification for the proposed
change, addition, or removal; and
``(iii) an analysis of whether the change,
addition, or removal will affect the ability to
compare results from surveys taken after the
change, addition, or removal is implemented
with results from surveys taken before the
change, addition, or removal is implemented.
``(c) Occupational Data.--To the extent practicable, the Director
of the Office of Personnel Management shall, in publishing agency
survey data collected under subsection (a), include responses to such
surveys by occupation. In carrying out this subsection the Director
shall ensure the confidentiality of any agency survey respondent.
``(d) Survey Incentives.--In conjunction with each annual survey
required under subsection (a), the head of each agency shall submit to
the Director of the Office of Personnel Management information on any
monetary, in-kind, leave-related, or other incentive offered to
employees in exchange for participation in the survey, including a
description of the type of each such incentive offered and the quantity
of each such incentive provided to employees.
``(e) Availability of Results.--The results of the agency surveys
under subsection (a) shall be made available to the public and posted
on the website of the agency involved, unless the head of such agency
determines that doing so would jeopardize or negatively impact national
security.
``(f) Agency Defined.--In this section, the term `agency' has the
meaning given the term Executive agency in section 105.''.
(b) Applicability.--
(1) The requirements of section 1403 of title 5, United
States Code (as added by this Act) shall apply with respect to
any annual survey initiated on or after the date of enactment
of this Act.
(2) Any annual survey authorized by, and meeting the
requirements of, section 1128 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5
U.S.C. 7101 note) that is in progress on the date of enactment
of this Act (or, if no such survey is in progress, was most
recently completed prior to the date of enactment of this Act)
shall be considered to be a survey authorized by, and that
meets the requirements of, section 1403(a) of title 5, United
States Code, (as added by this Act) including for purposes of
requiring the Office of Personnel Management to give notice of
subsequent changes, additions, or removals of survey questions
under section 1403(b)(3) of such title.
(c) Technical and Conforming Amendments.--
(1) Repeal.--Section 1128 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5
U.S.C. 7101 note), and the item relating to such section in the
table of sections, is repealed.
(2) Table of sections.--The table of sections for chapter
14 of title 5, United States Code, is amended by inserting
after the item relating to section 1402 the following new item:
``1403. Employee surveys.''.
(3) Table of chapters.--The item relating to chapter 14 in
the table of chapters for part II of title 5, United States
Code, is amended to read as follows:
``14. Agency Chief Human Capital Officers; Employee Surveys. 1401''.
(4) Chapter heading.--The heading for chapter 14 of title
5, United States Code, is amended to read as follows: ``CHAPTER
14--AGENCY CHIEF HUMAN CAPITAL OFFICERS; EMPLOYEE SURVEYS''.
SEC. 2. GAO STUDY ON ANNUAL SURVEY INCENTIVES.
The Comptroller General of the United States shall conduct a study
on the types of incentives offered by agencies to employees in exchange
for participation in surveys required by section 1128 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 5
U.S.C. 7101 note) or section 1403 of title 5, United States Code, that
includes an evaluation of the impact of such incentives on employee
survey responses and response rates, and any recommendations regarding
such incentives the Comptroller General considers necessary. | This bill requires a federal agency to conduct an annual survey of its employees to assess leadership practices and employee satisfaction. Unless doing so would jeopardize national security, the results of the survey must be posted on the website of the agency. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Duck Stamp Act of 1998''.
SEC. 2. ELECTRONIC ISSUANCE OF MIGRATORY BIRD HUNTING AND CONSERVATION
STAMPS.
Section 2 of the Act of March 16, 1934 (16 U.S.C. 718b), is amended
by adding at the end the following:
``(c) Electronic Issuance of Stamps.--
``(1) Definitions.--In this subsection:
``(A) Actual stamp.--The term `actual stamp' means
a printed paper stamp that is issued and sold through a
means in use on the day before the date of enactment of
this subsection.
``(B) Electronic stamp.--The term `electronic
stamp' means a representation of a stamp issued
electronically under paragraph (2).
``(C) Stamp.--The term `stamp' means a migratory
bird hunting and conservation stamp required by the
first section.
``(2) Authorization.--The Department of the Interior, the
Postal Service, or, subject to paragraph (7), a State or person
authorized under subsection (a) to sell stamps, may issue
representations of stamps electronically by endorsement affixed
to licenses issued at points of sale or through other
electronic media.
``(3) Size of electronic stamps.--An electronic stamp shall
be of an area that is less than \3/4\, or more than 1\1/2\, of
the area of an actual stamp.
``(4) Confirmation number and other identifying
information.--
``(A) Confirmation number.--An electronic stamp
shall be assigned a unique confirmation number.
``(B) Other identifying information.--Each issuer
of an electronic stamp and unique confirmation number
shall print on the electronic stamp appropriate
information that is sufficient to permit Federal,
State, and other law enforcement officers to verify the
electronic stamp, confirmation number, and sales
transaction with the licensee.
``(5) Delivery of actual stamps.--An entity that issues
electronic stamps shall have financial responsibility for the
sale, delivery, and mailing of the corresponding actual stamp
to the licensee within 14 calendar days after the date of
issuance of the electronic stamp.
``(6) Recognition of electronic stamps.--
``(A) In general.--An electronic stamp and its
unique confirmation number shall--
``(i) subject to the requirements of the
first section, be given full recognition during
the period beginning on the date of issuance of
the electronic stamp until the date on which
the corresponding actual stamp is received; and
``(ii) expire and be replaced by the actual
stamp upon receipt of the actual stamp, but not
later than 14 calendar days after the date of
issuance of the electronic stamp, if the
licensee complies with the requirements of the
first section.
``(7) Plan.--
``(A) Submission to secretary of the interior.--A
State or person may participate in the issuance of an
electronic stamp under this subsection only if the
Secretary of the Interior has approved a plan submitted
by the State or person that provides for--
``(i) a satisfactory accounting process for
the collection and transfer of revenue;
``(ii) distribution and law enforcement
verification of the electronic transaction; and
``(iii) the subsequent distribution of the
actual stamp.
``(B) Action by the secretary.--Not later than 60
days after the date of submission of a plan under
subparagraph (A), the Secretary of the Interior shall--
``(i) review the request of the State or
person and all accompanying documentation and
other information available to the Secretary;
and
``(ii) make a determination to approve or
disapprove the plan.
``(8) Electronic collection of electronic stamp sales
revenue.--Not later than 14 days after the date of issuance of
an electronic stamp under this subsection, a State or person
shall transfer to the Department of the Interior or a
designated agent the revenue collected from the issuance by
means of an electronic fund transfer method approved by, and
compatible with, the accounting system of the Department of the
Interior or the designated agent.''. | Electronic Duck Stamp Act of 1998 - Amends Federal law to allow the Department of the Interior, the Postal Service, or a State or person authorized to sell Federal migratory bird hunting and conservation stamps to issue representations of such stamps electronically by endorsement affixed to licenses issued at points of sale or through other electronic media.
Permits such States or persons to participate in the issuance of an electronic stamp only if the Secretary of the Interior has approved a plan submitted by the entity that provides for: (1) a satisfactory accounting process for the collection and transfer of revenue; (2) distribution and law enforcement verification of the electronic transaction; and (3) the subsequent distribution of the actual stamp.
Requires such States or persons, not later than 14 days after the issuance of an electronic stamp, to transfer to the Department or designated agent the revenue collected from the issuance by means of an electronic fund transfer method approved by, and compatible with, the Department's or the designated agent's accounting system. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Bankruptcy Relief
and Community Protection Act of 2005''.
SEC. 2. DEFINITIONS; WHO MAY BE A DEBTOR.
(a) Current Monthly Income.--Section 101(10A)(B) is amended--
(1) by striking ``and payments'' and inserting
``payments'', and
(2) by inserting before the period at the end ``, and
payments to victims of a natural disaster on account of their
status as victims of a natural disaster''.
(b) Natural Disaster; Natural Disaster Zone.--Section 101 of title
11, United States Code, is amended--
(1) by redesignating paragraphs (40A) and (40B) as
paragraphs (40C) and (40D), respectively, and
(2) by inserting after paragraph (40) the following:
``(40A) The term `natural disaster' means--
``(A) a major disaster, as defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; or
``(B) a situation similar to such a major disaster
(as so defined), with respect to which a determination
is made in accordance with State law that such
situation exists.
``(40B) The term `natural disaster zone' means the
geographical area included in the determination of a natural
disaster.''.
(c) Victim of Natural Disaster.--Section 101 of title 11, United
States Code, is amended by adding at the end the following:
``(56) The term `victim of a natural disaster' means a
person--
``(A) whose financial condition is materially
adversely affected by a natural disaster; and
``(B) whose domicile, residence, or principal place
of business in the United States, or whose principal
assets in the United States, are located in a natural
disaster zone immediately preceding the event that
caused the natural disaster exists.''.
(d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United
States Code, is amended by inserting ``natural disaster,'' after
``disability,''.
SEC. 3. AMENDMENT TO CHAPTER 3.
Section 362(b)(22) of title 11, United States Code, is amended by
inserting ``(excluding a debtor who is victim of a natural disaster)''
after ``debtor'' the 1st place it appears.
SEC. 4. AMENDMENTS TO CHAPTER 5.
Section 521 of title 11, United States Code, is amended by adding
at the end the following:
``(k) The Court may extend any time period specified in this
section as may be necessary if--
``(1) the debtor is a victim of a natural disaster; and
``(2) the debtor's status as a victim of a natural disaster
necessitates such extension of time.''.
SEC. 5. AMENDMENTS TO CHAPTER 7.
(a) Debtor's Monthly Expenses.--Section 707(b)(2)(A)(ii) of title
11, United States Code, is amended by adding at the end the following:
``(IV) In addition, the debtor's monthly expenses may include the
actual reasonably necessary expenses incurred as a result of being a
victim of a natural disaster.''.
(b) Limitation on Conversion of Case.--Section 707(b)(2) of title
11, United States Code, is amended by adding at the end the following:
``(E) Subparagraphs (A), (B), and (C) shall not apply, and the
court may not dismiss or convert a case under section 707(b), if the
debtor is a victim of a natural disaster.''.
SEC. 6. AMENDMENTS TO CHAPTER 11.
(a) Conversion of Case.--Section 1112(b) of title 11, United States
Code is amended--
(1) in paragraph (2)(B)(i) by inserting ``, including a
natural disaster'' before the semicolon, and
(2) in paragraph (3) by inserting ``(including a natural
disaster)'' after ``circumstances''.
(b) Who May File a Plan.--Section 1121(e)(3) of title 11, United
States Code, is amended--
(1) in subparagraph (A) by inserting ``(i)'' after ``(A)'',
(2) in subparagraph (C) by striking the period at the end
and inserting ``; or'',
(3) by redesignating subparagraphs (B) and (C) as clauses
(ii) and (iii), respectively, and
(4) by adding at the end the following:
``(B) the debtor is unable to meet the deadline
because of a natural disaster.''.
(c) Extension of Time for Small Businesses.--Chapter 11 of title
11, United States Code, is amended--
(1) in the table of sections by adding at the end the
following:
``1117. Extension of time for small businesses.'', and
(2) in subchapter I by adding at the end the following:
``Sec. 1117. Extension of time for small businesses
``Notwithstanding any other provision of this title, in a small
business case the court may extend any deadline specified in this
chapter if the court finds that such extension is--
``(1) necessary to protect the best interests of the
creditors and the estate; or
``(2) warranted by a natural disaster.''.
SEC. 7. AMENDMENTS TO CHAPTER 13.
(a) Conversion or Dismissal.--Section 1307(e) of title 11, United
States Code, is amended by adding at the end the following:
``The Court may extend any time period specified in this subsection as
may be necessary if--
``(1) the debtor is a victim of a natural disaster; and
``(2) the debtor's status as a victim of a natural disaster
necessitates such extension of time.''.
(b) Filing of Prepetition Tax Returns.--Section 1308 of title 11,
United States Code, is amended by adding at the end the following:
``(d) The Court may extend any time period specified in this
subsection as may be necessary if--
``(1) the debtor is a victim of a natural disaster; and
``(2) the debtor's status as a victim of a natural disaster
necessitates such extension of time.''.
SEC. 8. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE.
Section 1408 of title 28, United States Code, is amended--
(1) by inserting ``(a)'' before ``Except'', and
(2) by adding at the end the following:
``(b) If a case under title 11 cannot be commenced in a district
court described in subsection (a) because a person is the victim of a
natural disaster (as defined in section 101 of title 11), then a case
under title 11 may be commenced by such person in the district court
for the district in which such person resides.''.
SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect on October 18, 2005.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11 of the
United States Code on and after October 17, 2005. | Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005 - Amends federal bankruptcy law governing cases commenced as of October 17, 2005 (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005).
Excludes from the accounting of current monthly incomepayments to victims of a natural disaster on account of their status as victims of a natural disaster.
Defines victim of a natural disaster as one: (1) whose financial condition is materially adversely affected by a natural disaster; and (2) whose domicile, residence, or principal place of business (including principal assets) in the United States is located in a natural disaster zone immediately preceding the event that caused the natural disaster.
Permits debtor status for a debtor unable to complete credit counseling because of a natural disaster.
Retains automatic stay protections for a debtor who is a victim of a natural disaster.
Modifies requirements governing the statutory deadline for completion of debtor's duties. Authorizes the court to extend any such time period if: (1) the debtor is a victim of a natural disaster; and (2) the debtor's status as a victim of a natural disaster necessitates such extension of time.
Includes within the permissible monthly expenses of a chapter 7 debtor the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster.
Modifies requirements governing conversion or dismissal of either a Chapter 7 case, a Chapter 11 Reorganization case, or Chapter 13 case if the debtor is a victim of a natural disaster.
Authorizes the court to grant an extension of time for filing small business bankruptcy documentation if the debtor is unable to meet the deadline because of a natural disaster. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Bill of Rights for the
Blind Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Rapid advances in microchip and digital technology have
led to increasingly complex user interfaces for everyday
products like consumer electronic devices, home appliances, and
office technology devices. Many new devices in these categories
require user interaction with visual displays, on-screen menus,
touch screens, and other interfaces that are inaccessible to
blind or low-vision individuals. Rarely, for example, are
settings on televisions, home stereo systems, or dishwashers
controlled by knobs, switches, or buttons that can be readily
identified and whose settings can be easily discerned with or
without the addition of tactile markings by the consumer.
(2) The use of inaccessible interfaces on office equipment
such as copiers and fax machines makes these devices unusable
by the blind, and many office software packages are either
substantially or totally inaccessible to blind people who use
assistive technology. This lack of access is a potential threat
to a blind person's existing job and a barrier to obtaining a
new job.
(3) Increasingly, electronic kiosks are being used to sell
consumer goods and services, including tickets for public
transit and air transportation, and to provide important public
information. If a kiosk is not accessible in a nonvisual
manner, a blind person has no way to make a purchase, check in
for a flight, or access important public information.
(4) This growing threat to the independence and
productivity of blind people is unnecessary because electronic
devices can easily be constructed with user interfaces that are
not exclusively visual. Text-to-speech technology has become
inexpensive and is in wider use than ever before. It is used in
everything from automated telephone systems to weather
broadcasts by the National Oceanic and Atmospheric
Administration. Additionally, office software can be designed
to work with screen access technology used by the blind at
little or no extra cost as long as such compatibility is taken
into consideration at the beginning of the design process.
(5) Some manufacturers have incorporated nonvisual
technology into their products by creating talking menus or
enabling them to articulate the content on the display, a
practice that makes such products more usable by all consumers,
whether blind or sighted. For example, Apple, Inc., has
incorporated innovative nonvisual interfaces into the latest
versions of its iPhone and iPod product lines.
(6) There is no reason why all manufacturers cannot produce
electronic devices fully accessible to blind and low-vision
individuals.
(7) Text-to-speech technology is not the only mechanism by
which consumer electronic devices, electronic kiosks, home
appliances, and office technology devices can be made
accessible to blind and low-vision individuals. In some cases,
tactile markings or audible tones may be sufficient to make
such devices fully accessible.
(8) Blind and low-vision individuals should be able to
obtain and operate consumer electronic devices, electronic
kiosks, home appliances, and office technology devices with the
same ease as those with normal vision.
SEC. 3. STUDY AND REPORT ON ACCESS TO COVERED DEVICES BY BLIND
CONSUMERS.
(a) In General.--The Secretary shall conduct a study on methods by
which blind consumers can gain nonvisual access to covered devices.
(b) Research and Consultation.--In conducting the study required by
subsection (a), the Secretary shall--
(1) review all available research on methods by which blind
consumers can gain nonvisual access to covered devices;
(2) commission such additional research as the Secretary
considers necessary;
(3) consult with groups representing blind consumers; and
(4) consult with manufacturers of covered devices and
organizations that represent such manufacturers.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
findings of the study required by subsection (a).
SEC. 4. MINIMUM NONVISUAL ACCESS STANDARDS FOR COVERED DEVICES.
(a) In General.--Not later than 180 days after the submission of
the report under section 3(c), the Secretary shall promulgate a minimum
nonvisual access standard for each type of covered device that will
ensure nonvisual access to such respective type of device by blind
consumers.
(b) Effective Date.--A minimum nonvisual access standard shall
apply to a covered device that is manufactured after the date that is 2
years after the date on which such standard is promulgated.
SEC. 5. OFFICE OF NONVISUAL ACCESS COMPLIANCE.
(a) Establishment.--As soon as practicable but not later than 2
years after the date of the enactment of this Act, the Secretary shall
establish an Office of Nonvisual Access Compliance. The head of the
Office shall be the Director of the Office of Nonvisual Access
Compliance.
(b) Powers and Duties.--
(1) Assistance to secretary.--The Director and appropriate
staff of the Office shall assist the Secretary in--
(A) conducting the study required by section 3(a)
and preparing the report required by section 3(c) (if
the Director and staff have been appointed by the time
period involved); and
(B) developing the minimum nonvisual access
standards.
(2) Education of manufacturers.--The Secretary, acting
through the Director, shall educate manufacturers of covered
devices about the minimum nonvisual access standards and
compliance with such standards.
(3) Investigations.--
(A) Complaints.--The Secretary, acting through the
Director, shall investigate each complaint that a
covered device does not comply with a minimum nonvisual
access standard applicable to such covered device and
shall determine whether such covered device complies
with such minimum nonvisual access standard.
(B) Initiation by office.--In addition to
investigations under subparagraph (A), the Secretary,
acting through the Director, may conduct such other
investigations as the Secretary, acting through the
Director, considers appropriate to ensure compliance
with the minimum nonvisual access standards.
(4) Enforcement.--
(A) In general.--If the Secretary, acting through
the Director, determines that a manufacturer has
manufactured for sale or offered for sale a covered
device that does not comply with a minimum nonvisual
access standard applicable to such covered device, the
Secretary, acting through the Director, shall take
enforcement action under subparagraph (B) or (C).
(B) Notice and opportunity to correct violation;
civil penalty.--
(i) Notice and opportunity to correct
violation.--Upon making the determination
described in subparagraph (A) and unless the
Secretary, acting through the Director, takes
the action described in subparagraph (C), the
Secretary, acting through the Director, shall
notify the manufacturer involved of the
violation and the time period within which such
violation must be corrected in order to avoid a
civil monetary penalty, if any.
(ii) Civil penalty.--If the notice given
under clause (i) includes a time period within
which the violation must be corrected and the
manufacturer has not corrected the violation
within such time period, the Secretary, acting
through the Director, may assess a civil
monetary penalty against such manufacturer in
an amount that is not less than 10 percent of
the retail value of the covered device involved
for each noncompliant unit of such covered
device manufactured.
(C) Immediate civil penalty.--Upon making the
determination described in subparagraph (A), the
Secretary, acting through the Director, may, in an
appropriate case, without first providing the
manufacturer involved with notice and an opportunity to
correct the violation under subparagraph (B), assess a
civil monetary penalty against such manufacturer in an
amount that is not less than 10 percent of the retail
value of the covered device involved for each
noncompliant unit of such covered device manufactured.
SEC. 6. PRIVATE RIGHT OF ACTION.
(a) In General.--A blind consumer who has an encounter with a
covered device that does not comply with a minimum nonvisual access
standard applicable to such covered device may, after notifying the
Office of such encounter, commence a civil action against the
manufacturer of such covered device not later than 180 days after such
encounter.
(b) Relief.--If the court in a civil action commenced under
subsection (a) determines that the covered device involved is in
violation of a minimum nonvisual access standard, the court may grant
the following relief:
(1) Monetary damages in an amount equal to the greater of--
(A) $10,000 per encounter per unit of such covered
device; or
(B) in the case of a blind consumer who loses an
employment opportunity because of an encounter with an
office technology device that does not comply with a
minimum nonvisual access standard applicable to such
office technology device, the value of such employment
opportunity.
(2) Such equitable relief as the court considers
appropriate, including temporary, preliminary, and permanent
injunctive relief.
(3) Reasonable attorneys' fees.
(4) In the case of willful or repeated violations by the
manufacturer, punitive damages.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit the rights of blind
or low-vision individuals under other law.
SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) Blind consumer.--The term ``blind consumer'' means an
individual whose vision--
(A) is 20/200 or less in the best corrected eye;
(B) subtends an angle of not greater than 20
degrees in the best corrected eye; or
(C) is such that the individual cannot use a
covered device without some form of nonvisual
assistance.
(2) Consumer electronic device.--The term ``consumer
electronic device'' means an electronic device designed
primarily for use by the ultimate consumer.
(3) Covered device.--The term ``covered device'' means a
consumer electronic device, electronic kiosk, home appliance,
or office technology device that is manufactured for sale in
the United States after the date that is 2 years after the date
of the promulgation of a minimum nonvisual access standard
applicable to such consumer electronic device, electronic
kiosk, home appliance, or office technology device.
(4) Director.--The term ``Director'' means the Director of
the Office of Nonvisual Access Compliance.
(5) Electronic kiosk.--The term ``electronic kiosk'' means
an electronic device with an interactive user interface that is
designed to--
(A) sell consumer goods and services, including
passage on transportation, to the public; or
(B) convey information to the public.
(6) Encounter.--The term ``encounter'' means--
(A) with respect to a consumer electronic device or
home appliance, the purchase or use or attempted use of
such item by a blind consumer; and
(B) with respect to an electronic kiosk or office
technology device, the use or attempted use of such
electronic kiosk or office technology device by a blind
consumer.
(7) Home appliance.--The term ``home appliance'' means an
electric appliance that is designed for use in a residential
setting.
(8) Minimum nonvisual access standard.--The term ``minimum
nonvisual access standard'' means a minimum nonvisual access
standard promulgated under section 4(a).
(9) Nonvisual access.--The term ``nonvisual access'' means
the ability of an individual to use all functions of a device
without reliance on eyesight.
(10) Office.--The term ``Office'' means the Office of
Nonvisual Access Compliance established under section 5(a).
(11) Office technology device.--The term ``office
technology device'' means an electric device or computer
software application that is designed for use in an office
setting.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Technology Bill of Rights for the Blind Act of 2010 - Directs the Secretary of Commerce to study and report to Congress on methods by which blind consumers can gain nonvisual access to consumer electronic devices, electronic kiosks, home appliances, or office technology devices. Requires the Secretary to promulgate a minimum nonvisual access standard for each type of covered device that will ensure nonvisual access to such device by blind consumers. Applies a minimum nonvisual access standard to a covered device that is manufactured after the date that is two years after the date on which such standard is promulgated.
Directs the Secretary to establish an Office of Nonvisual Access Compliance to assist the Secretary, educate manufacturers, and conduct investigations.
Imposes civil penalties in certain circumstances.
Allows civil suits by blind consumers against manufacturers for monetary damages and equitable relief. Allows punitive damages for willful or repeated violations.
Prohibits construing this Act to limit the rights of blind or low-vision individuals. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackson Multi-Agency Campus Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the management of public land and natural resources and the
service of the public in the area of Jackson, Wyoming, are
responsibilities shared by--
(A) the Department of Agriculture;
(B) the Forest Service;
(C) the Department of the Interior, including--
(i) the National Park Service; and
(ii) the United States Fish and Wildlife Service;
(D) the Game and Fish Commission of the State of Wyoming;
(E) Teton County, Wyoming;
(F) the town of Jackson, Wyoming;
(G) the Jackson Chamber of Commerce; and
(H) the Jackson Hole Historical Society; and
(2) it is desirable to locate the administrative offices of
several of the agencies and entities specified in paragraph (1) on
1 site to--
(A) facilitate communication between the agencies and
entities;
(B) reduce costs to the Federal, State, and local
governments; and
(C) better serve the public.
(b) Purposes.--The purposes of this Act are--
(1) to authorize the Federal agencies specified in subsection
(a)--
(A) to develop and maintain the Project in Jackson,
Wyoming, in cooperation with the other agencies and entities
specified in subsection (a); and
(B) to provide resources and enter into such agreements as
are necessary for the planning, design, construction,
operation, maintenance, and fixture modifications of all
elements of the Project;
(2) to direct the Secretary to convey to the town of Jackson,
Wyoming, certain parcels of federally owned land located in Teton
County, Wyoming, in exchange for construction of facilities for the
Bridger-Teton National Forest by the town of Jackson;
(3) to direct the Secretary to convey to the Game and Fish
Commission of the State of Wyoming certain parcels of federally
owned land in the town of Jackson, Wyoming, in exchange for
approximately 1.35 acres of land, also located in the town of
Jackson, to be used in the construction of the Project; and
(4) to relinquish certain reversionary interests of the United
States in order to facilitate the transactions described in
paragraphs (1) through (3).
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Game and
Fish Commission of the State of Wyoming.
(2) Construction cost.--The term ``construction cost'' means
any cost that is--
(A) associated with building improvements to Federal
standards and guidelines; and
(B) open to a competitive bidding process approved by the
Secretary.
(3) Federal parcel.--The term ``Federal parcel'' means--
(A) the parcel of land, and all appurtenances to the land,
comprising approximately 15.3 acres, depicted as ``Bridger-
Teton National Forest'' on the Map; and
(B) the parcel comprising approximately 80 acres, known as
the ``Cache Creek Administrative Site'', located adjacent to
the town.
(4) Map.--The term ``Map'' means the map entitled ``Multi-
Agency Campus Project Site'', dated March 31, 1999, and on file in
the offices of--
(A) the Bridger-Teton National Forest, in the State of
Wyoming; and
(B) the Chief of the Forest Service.
(5) Master plan.--The term ``master plan'' means the document
entitled ``Conceptual Master Plan'', dated July 14, 1998, and on
file at the offices of--
(A) the Bridger-Teton National Forest, in the State of
Wyoming; and
(B) the Chief of the Forest Service.
(6) Project.--The term ``Project'' means the proposed project
for construction of a multi-agency campus, to be carried out by the
town of Jackson in cooperation with the other agencies and entities
described in section 2(a)(1), to provide, in accordance with the
master plan--
(A) administrative facilities for various agencies and
entities; and
(B) interpretive, educational, and other facilities for
visitors to the greater Yellowstone area.
(7) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture (including a designee of the Secretary).
(8) State parcel.--The term ``State parcel'' means the parcel
of land comprising approximately 3 acres, depicted as ``Wyoming
Game and Fish'' on the Map.
(9) Town.--The term ``town'' means the town of Jackson,
Wyoming.
SEC. 4. MULTI-AGENCY CAMPUS PROJECT, JACKSON, WYOMING.
(a) Construction for Exchange of Property.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the town may construct, as part of the
Project, an administrative facility to be owned and operated by the
Bridger-Teton National Forest, if--
(A) an offer by the town to construct the administrative
facility is accepted by the Secretary under paragraph (2);
(B) a memorandum of understanding between the town and the
Secretary outlining the roles and responsibilities of each
party involved in the land exchange and construction is
executed;
(C) a final building design and construction cost estimate
is approved by the Secretary; and
(D) the exchange described in subsection (b)(2) is
completed in accordance with that subsection.
(2) Acceptance and authorization to construct.--The Secretary,
on receipt of an acceptable offer from the town under paragraph
(1), shall authorize the town to construct the administrative
facility described in paragraph (1) in accordance with this Act.
(3) Conveyance.--
(A) Secretary.--The Secretary shall convey all right,
title, and interest in and to the Federal land described in
section 5(a)(1) to the town in simultaneous exchange for, and
on satisfactory completion of, the administrative facility.
(B) Town.--The town shall convey all right, title, and
interest in and to the administrative facility constructed
under this section in exchange for the land described in
section 5(a)(1).
(b) Offer To Convey State Parcel.--
(1) In general.--The Commission may offer to convey a portion
of the State parcel, depicted on the Map as ``Parcel Three'', to
the United States to be used for construction of an administrative
facility for the Bridger-Teton National Forest.
(2) Conveyance.--If the offer described in paragraph (1) is
made not later than 5 years after the date of enactment of this
Act, the Secretary shall convey the Federal land described in
section 5(a)(2) to the Commission, in exchange for the portion of
the State parcel described in paragraph (1), in accordance with
this Act.
SEC. 5. CONVEYANCE OF FEDERAL LAND.
(a) In General.--In exchange for the consideration described in
section 4, the Secretary shall convey--
(1) to the town, in a manner that equalizes values--
(A) the portion of the Federal parcel, comprising
approximately 9.3 acres, depicted on the Map as ``Parcel Two'';
and
(B) if an additional conveyance of land is necessary to
equalize the values of land exchanged after the conveyance of
Parcel Two, an appropriate portion of the portion of the
Federal parcel comprising approximately 80 acres, known as the
``Cache Creek Administrative Site'' and located adjacent to the
town; and
(2) to the Commission, the portion of the Federal parcel,
comprising approximately 3.2 acres, depicted on the Map as ``Parcel
One''.
(b) Reversionary Interests.--As additional consideration for
acceptance by the United States of any offer described in section 4,
the United States shall relinquish all reversionary interests in the
State parcel, as set forth in the deed between the United States and
the State of Wyoming, dated February 19, 1957, and recorded on October
2, 1967, in Book 14 of Deeds, Page 382, in the records of Teton County,
Wyoming.
SEC. 6. EQUAL VALUE OF INTERESTS EXCHANGED.
(a) Valuation of Land To Be Conveyed.--
(1) In general.--The fair market and improvement values of the
land to be exchanged under this Act shall be determined--
(A) by appraisals acceptable to the Secretary, using
nationally recognized appraisal standards; and
(B) in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(2) Appraisal report.--Each appraisal report shall be written
to Federal standards, as defined in the Uniform Appraisal Standards
for Federal Land Acquisitions developed by the Interagency Land
Acquisition Conference.
(3) No effect on value of reversionary interests.--An appraisal
of the State parcel shall not take into consideration any
reversionary interest held by the United States in the State parcel
as of the date on which the appraisal is conducted.
(b) Value of Federal Land Greater Than Construction Costs.--If the
value of the Federal land to be conveyed to the town under section
5(a)(1) is greater than the construction costs to be paid by the town
for the administrative facility described in section 4(a), the
Secretary shall reduce the acreage of the Federal land conveyed so that
the value of the Federal land conveyed to the town closely approximates
the construction costs.
(c) Value of Federal Land Equal to Value of State Parcel.--
(1) In general.--The value of any Federal land conveyed to the
Commission under section 5(a)(2) shall be equal to the value of the
State parcel conveyed to the United States under section 4(b).
(2) Boundaries.--The boundaries of the Federal land and the
State parcel may be adjusted to equalize values.
(d) Payment of Cash Equalization.--Notwithstanding subsections (b)
and (c), the values of Federal land and the State parcel may be
equalized by payment of cash to the Secretary, the Commission, or the
town, as appropriate, in accordance with section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if the
values cannot be equalized by adjusting the size of parcels to be
conveyed or by conveying additional land, without compromising the
design of the Project.
SEC. 7. ADDITIONAL PROVISIONS.
(a) Construction of Federal Facilities.--The construction of
facilities on Federal land within the boundaries of the Project shall
be--
(1) supervised and managed by the town in accordance with the
memorandum of understanding referred to in section 4(a)(1)(B); and
(2) carried out to standards and specifications approved by the
Secretary.
(b) Access.--The town (including contractors and subcontractors of
the town) shall have access to the Federal land until completion of
construction for all purposes related to construction of facilities
under this Act.
(c) Administration of Land Acquired by United States.--Land
acquired by the United States under this Act shall be governed by all
laws applicable to the administration of national forest sites.
(d) Wetland.--
(1) In general.--There shall be no construction of any facility
after the date of conveyance of Federal land under this Act within
any portion of the Federal parcel delineated on the map as
``wetlands''.
(2) Deeds and conveyance documents.--A deed or other conveyance
document executed by the Secretary in carrying out this Act shall
contain such reservations as are necessary to preclude development
of wetland on any portion of the Federal parcel.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Provides for equal value of exchanged interests.Prohibits facility construction on wetlands. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Appeals Act of
1999''.
SEC. 2. REVISION OF APPEALS PROCESS.
(a) Deadlines for Consideration of Appeals.--Section 1869 of the
Social Security Act (42 U.S.C. 1395ff) is amended--
(1) in subsection (a), by inserting ``consistent with
subsections (c) and (d)'' before the period; and
(2) by adding at the end the following new subsections:
``(c) Deadlines for Reconsiderations and Appeals Under Part A.--
Reconsideration and appeals under subsections (a) and (b) with respect
to matters under part A shall be conducted consistent with the
following:
``(1) Deadlines for administrative action.--
``(A) Reconsidered determination.--The Secretary
shall conduct and conclude a reconsideration of an
initial determination, and mail the notice of
reconsidered determination, by not later than the end
of the 60-day period beginning on the date a request
for reconsideration has been timely filed.
``(B) Hearing by administrative law judge.--
``(i) In general.--Except as provided in
clause (ii), an administrative law judge shall
conduct and conclude a hearing and render a
decision on such hearing by not later than the
end of the 90-day period beginning on the date
a request for hearing has been timely filed.
``(ii) Waiver of deadline by party seeking
hearing.--The 90-day period under clause (i)
shall not apply in the case of a motion or
stipulation by the party requesting the hearing
to waive such period.
``(C) Departmental appeals board review.--The
Departmental Appeals Board of the Department of Health
and Human Services shall conduct and conclude a review
of the decision on a hearing described in subparagraph
(B) and make a decision or remand the case to the
administrative law judge for reconsideration by not
later than the end of the 90-day period beginning on
the date a request for review has been timely filed.
``(2) Consequences of failure to meet deadlines.--
``(A) In general.--(i) In the case of a failure by
the Secretary to mail the notice of reconsidered
determination by the end of the period described in
paragraph (1)(A), the party requesting the
reconsideration may request a hearing before an
administrative law judge, notwithstanding any
requirements for a reconsidered determination for
purposes of the party's right to such hearing.
``(ii) In the case of a failure by an
administrative law judge to render a decision by the
end of the period described in paragraph (1)(B), the
party requesting the hearing may request a review by
the Departmental Appeals Board of the Department of
Health and Human Services, notwithstanding any
requirements for a hearing for purposes of the party's
right to such a review.
``(B) DAB hearing procedure.--In the case of a
request described in subparagraph (A)(ii), the
Departmental Appeals Board shall review the case de
novo.
``(d) Deadlines for Reviews and Appeals Under Part B.--Reviews and
appeals under subsections (a) and (b) with respect to matters under
part B shall be conducted consistent with the following:
``(1) Deadlines.--
``(A) Review of initial determination.--A carrier
shall conduct and conclude a review of an initial
determination, and mail the notice of review
determination, by not later than the end of the 60-day
period beginning on the date a request for review has
been timely filed.
``(B) Carrier hearing.--
``(i) Deadline for decision.--A carrier
shall conduct and conclude a hearing, and mail
the notice of the decision, by not later than
the end of the 60-day period beginning on the
date a request for a carrier hearing has been
timely filed.
``(ii) Option to proceed to hearing by
administrative law judge.--No carrier hearing
shall be held, and no requirement for a carrier
hearing shall apply with respect to rights to a
hearing before an administrative law judge, if
the party to the carrier review elects a
hearing before an administrative law judge in lieu of a carrier
hearing.
``(C) Hearing by administrative law judge.--
``(i) In general.--Except as provided in
clause (ii), an administrative law judge shall
conduct and conclude a hearing and render a
decision on such hearing by not later than the
end of the 90-day period beginning on the date
a request for hearing has been timely filed.
``(ii) Waiver of deadline by party seeking
hearing.--The 90-day period under clause (i)
shall not apply in the case of a motion or
stipulation by the party requesting the hearing
to waive such period.
``(D) Departmental appeals board review.--The
Departmental Appeals Board of the Department of Health
and Human Services shall conduct and conclude a review
of the decision on a hearing described in subparagraph
(C) and make a decision or remand the case to the
administrative law judge for reconsideration by not
later than the end of the 90-day period beginning on
the date a request for review has been timely filed.
``(2) Consequences of failure to meet deadlines.--
``(A) In general.--(i) In the case of a failure by
a carrier to mail notice within the time period
described in subparagraphs (A) and (B) of paragraph
(1), the party requesting the review or carrier hearing
(as the case may be) may request a hearing before an
administrative law judge, notwithstanding any
requirements for a carrier review or a carrier hearing
for purposes of the party's right to a hearing before
such judge.
``(ii) In the case of a failure by an
administrative law judge to render a decision by the
end of the period described in paragraph (1)(C), the
party requesting the hearing may request a review by
the Departmental Appeals Board, notwithstanding any
requirements for a hearing for purposes of the party's
right to such a review.
``(B) DAB hearing procedure.--In the case of a
request described in subparagraph (A)(ii), the
Departmental Appeals Board shall review the case de
novo.''.
(b) Review of National and Local Coverage Decisions.--
(1) In general.--Section 1869(b)(3) of the Social Security
Act (42 U.S.C. 1395ff(b)(3)) is amended to read as follows:
``(3) Review of any coverage determination respecting whether or
not a particular type or class of items or services is covered under
this title shall be subject to the following limitations:
``(A) In the case of any national coverage determination
under section 1862(a)(1), the following limitations apply:
``(i) Such a determination shall not be reviewed by
any administrative law judge.
``(ii) Such a determination shall not be held
unlawful or set aside on the ground that a requirement
of section 553 of title 5, United States Code, or
section 1871(b), relating to publication in the Federal
Register or opportunity for public comment, was not
satisfied.
``(iii) Upon the filing of a complaint by an
aggrieved party, such a determination shall be reviewed
by the Departmental Appeals Board of the Department of
Health and Human Services. In conducting such a review,
the Departmental Appeals Board shall review the record
and shall permit discovery and the taking of evidence
to evaluate the reasonableness of the determination. In
reviewing such a determination, the Departmental
Appeals Board shall defer only to the reasonable
findings of fact, reasonable interpretations of law,
and reasonable applications of fact to law by the
Secretary.
``(iv) A decision of the Departmental Appeals Board
constitutes a final agency action and is subject to
judicial review.
``(B) In the case of a local coverage determination made by
a fiscal intermediary or a carrier under this title, the
following limitations apply:
``(i) Upon the filing of a complaint by an
aggrieved party, such a determination shall be reviewed
by an administrative law judge of the Department of
Health and Human Services. The administrative law judge
shall review the record and shall permit discovery and
the taking of evidence to evaluate the reasonableness
of the determination. In reviewing such a
determination, the judge shall defer only to the
reasonable findings of fact, reasonable interpretations
of law, and reasonable applications of fact to law by
the Secretary.
``(ii) Such a determination may be reviewed by the
Departmental Appeals Board of the Department of Health
and Human Services.
``(iii) A decision of the Departmental Appeals
Board constitutes a final agency action and is subject
to judicial review.
``(C) In the case of review of a determination under
subparagraph (A)(iii) or (B)(i) where the moving party alleges
that there are no material issues of fact in dispute, and
alleges that the only issue is the constitutionality of a
provision of this title, or that a regulation, determination,
or ruling by the Secretary is invalid, the moving party may
seek review by a court of competent jurisdiction.''.
(2) Pending national coverage determinations.--Section
1869(b) of such Act (42 U.S.C. 1395ff(b)) is amended by adding
at the end the following new paragraph:
``(6)(A) In the event the Secretary has not issued a national
coverage or noncoverage determination with respect to a particular type
or class of items or services, an affected party may submit to the
Secretary a request to make such a determination with respect to such
items or services. By not later than the end of the 90-day period
beginning on the date the Secretary receives such a request, the
Secretary shall take one of the following actions:
``(i) Issue a national coverage determination, with or
without limitations.
``(ii) Issue a national noncoverage determination.
``(iii) Issue a determination that no national coverage or
noncoverage determination is appropriate as of the end of such
90-day period with respect to national coverage of such items
or services.
``(B) When issuing a determination under subparagraph (A), the
Secretary shall include a explanation of the basis for the
determination. An action taken under subparagraph (A) is deemed to be a
national coverage determination for purposes of review under paragraph
(3)(A).''.
(c) Standing.--Section 1869 of such Act (42 U.S.C. 1395ff), as
amended in subsection (a), is further amended by adding at the end the
following new subsection:
``(e) An action under this section may only be initiated by an
aggrieved person, or class of persons, with respect to claims for
rights to, or payments for, items and services under this title, or
coverage of items and services under this title. Such a person, or
class of persons, includes the following:
``(1) Individuals entitled to benefits under part A, or
enrolled under part B, or both.
``(2) Providers of services.
``(3) Physicians.
``(4) Other health care professionals entitled to payment
for services furnished under this title.
``(5) Suppliers and manufacturers of items and services
covered, or seeking to be covered, under this title.''.
(d) Elimination of Sua Sponte Motions by the Secretary on Decisions
of the Provider Reimbursement Review Board.--Section 1878(f)(1) of such
Act (42 U.S.C. 1395oo(f)(1)) is amended--
(1) in the first sentence, by striking ``unless the
Secretary, on his own motion, and within 60 days after the
provider of services is notified of the Board's decision,
reverses, affirms, or modifies the Board's decision'';
(2) in the second sentence, by striking ``, or of any
reversal, affirmance, or modification by the Secretary,'' and
``or of any reversal, affirmance, or modification by the
Secretary is received''; and
(3) in the fifth sentence, by striking `` and not subject
to review by the Secretary''.
(e) Conforming Regulations.--
(1) In general.--The Secretary of Health and Human Services
shall promptly publish notice of revisions in the process under
section 1869 of the Social Security Act (42 U.S.C. 1395ff), in
order to reflect the modifications to such process made by this
section.
(2) References.--For purposes of this section and the
notice published under paragraph (1), reference to--
(A) a reconsideration of an initial determination
in subsection (c)(1)(A) of section 1869 of the Social
Security Act (42 U.S.C. 1395ff), as added under
subsection (a)(2), is a reference to a reconsideration
of an initial determination under section 405.715 of
title 42 of the Code of Federal Regulations;
(B) the requirement to mail the notice of
reconsidered determination in such subsection, as so
added, is a reference to such requirement under section
405.716 of such title;
(C) a hearing conducted by an administrative law
judge in subsection (c)(1)(B)(i) of such section, as so
added, is a reference to such a hearing under section
405.720 of such title;
(D) review conducted by the Departmental Appeals
Board of the Department of Health and Human Services in
paragraphs (1)(C) and (2)(A)(ii) of subsection (c) of
such section 1869, as so added, is a reference to such
review conducted under section 405.724 of such title;
(E) a review of an initial determination in
subsection (d)(1)(A) of such section, as so added, is a
reference to such review conducted under section
405.807 of such title;
(F) the requirement to mail the notice of review
determination in such subsection, as so added, is a
reference to such requirement under section 405.811 of
such title;
(G) a hearing in subsection (d)(1)(B)(i) of such
section, as so added, is a reference to such a hearing
under section 405.830 of such title;
(H) a hearing before an administrative law judge in
subparagraphs (B)(ii) and (C)(i) of subsection (d)(1)
of such section, as so added, is a reference to such a
hearing under section 405.855 of such title; and
(I) review conducted by the Departmental Appeals
Board of the Department of Health and Human Services in
paragraphs (1)(D) and (2)(A)(ii) of subsection (d) of
such section, as so added, is a reference to such
review conducted under section 405.856 of such title.
(f) Effective Date.--This section, and the amendments made by this
section, apply as of the date that is 90 days after the date of the
enactment of this Act, and apply to reconsiderations, reviews, motions,
and determinations pending before, on, or after such date.
<divide> | Subjects national coverage determinations to review by the Departmental Appeals Board of the Department of Health and Human Services (HHS), and local coverage determinations to review by an HHS administrative law judge, whose determination may also be reviewed by the HHS Departmental Appeals Board. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Savings Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States imports more oil from the Middle East
today than before the attacks on the United States on September
11, 2001;
(2) the United States remains the most oil-dependent
industrialized nation in the world, consuming approximately 25
percent of the world's oil despite having only 2-3 percent of
the world's oil reserves;
(3) the ongoing dependence of the United States on foreign
oil is one of the greatest threats to the national security and
economy of the United States; and
(4) the United States needs to take transformative steps to
wean itself from its addiction to oil.
SEC. 3. ESTABLISHING AN INTERAGENCY WORKING GROUP.
Not later than 30 days after the date of the enactment of this Act,
a Commissioner of the Federal Trade Commission, appointed by the
Chairperson of the Federal Trade Commission, shall establish, and serve
as the Director of, an interagency working group (in this Act referred
to as the ``Working Group'') consisting of the Secretary of Energy, the
Chairman of the Federal Energy Regulatory Commission, and department
heads from other appropriate Federal entities determined by the
Director.
SEC. 4. ACTION PLAN.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Working Group shall publish in the Federal
Register an action plan.
(b) Requirements.--The action plan shall include--
(1) intermediate oil savings targets for each calendar year
beginning on the calendar year after the date of the enactment
of this Act;
(2) a list of requirements, including the oil savings to be
achieved by each requirement, that will be sufficient, when
taken together, to save from the baseline determined under
section 7--
(A) 2,500,000 barrels of oil per day on average
during calendar year 2015;
(B) 7,000,000 barrels of oil per day on average
during calendar year 2025; and
(C) 10,000,000 barrels of oil per day on average
during calendar year 2030;
(3) a supply disruption strategy for Federal departments
and agencies to develop contingency plans in the event of a
supply disruption resulting in a precipitous and short-term
annualized decline of 4 percent of world oil production from
the prior year's baseline, and to provide timely advice to
Congress about cost-effective measures to mitigate the
potential negative consequences of such a supply disruption;
and
(4) a peak oil strategy for Federal departments and
agencies to develop contingency plans in the event of a peak
and subsequent annualized decline of 4 percent of world oil
production from the prior year's baseline, and to provide
timely advice to Congress about cost-effective measures to
mitigate the potential negative consequences of such a peak.
(c) Proposed Regulations.--Not later than 270 days after the date
of the enactment of this Act, each Federal entity with jurisdiction to
take action under any requirement of the action plan shall propose, or
issue a notice of intent to propose, regulations meeting such
requirement.
(d) Notice of Intent To Propose Regulations.--If a Federal entity
issues a notice of intent to propose regulations under this section,
the entity shall propose such regulations not later than 330 days after
the date of the enactment of this Act.
(e) Final Regulations.--Not later than 18 months after the date of
the enactment of this Act, each Federal entity with jurisdiction to
take action under any requirement of the action plan shall promulgate
final versions of the regulations required under this section.
(f) Accompanying Analysis.--Each proposed and final regulation
promulgated under this section shall be accompanied by an analysis from
the applicable Federal entity demonstrating that the regulation will
achieve the oil savings required by the action plan.
SEC. 5. REPORT REQUIREMENT.
Not later than January 1, 2012, and every 3 years thereafter, the
Working Group shall transmit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that evaluates the progress achieved
in implementing the oil savings requirements established under section
4.
SEC. 6. REVISED ACTION PLAN.
(a) In General.--If intermediate oil savings targets set by the
action plan are not met, not later than 60 days after submission of a
report required under section 5, the Working Group may publish a
revised action plan that is sufficient to achieve the requirements
established under section 4.
(b) Proposed Regulations.--Not later than 60 days after submission
of the report required under section 5, each Federal entity with
jurisdiction to take action under any requirement of the revised action
plan shall propose, or issue a notice of intent to propose, regulations
meeting such requirement.
(c) Notice of Intent To Propose Regulations.--If a Federal entity
issues a notice of intent to propose regulations under this section,
the entity shall propose such regulations not later than 120 days after
submission of the report required under section 5.
(d) Final Regulations.--Not later than 6 months after publication
of the report required under section 5, each Federal entity with
jurisdiction to take action under any requirement of the revised action
plan shall promulgate final versions of the regulations required under
this section.
(e) Accompanying Analysis.--Each proposed and final regulation
promulgated under this section shall be accompanied by an analysis from
the applicable Federal entity demonstrating that the regulation will
achieve the oil savings required by the revised action plan.
SEC. 7. DETERMINATION OF A BASELINE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Working Group established under section 3
shall determine the baseline level of United States consumption of
barrels of oil per day on average.
(b) Energy Information Administration.--In determining the baseline
level of United States oil consumption, the Working Group shall utilize
the expertise and resources of the Energy Information Administration,
particularly in validating statistical data that may be relevant, and
shall consider the Energy Information Administration's Annual Energy
Outlook 2008 and Annual Energy Outlook 2009 Early Release.
(c) Information From Federal Entities.--Each executive department,
bureau, commission, agency, board, office, independent establishment,
or instrumentality of the Federal Government shall make available to
the Working Group upon request any data, information, estimates,
statistics, and access to any employee necessary for the determination
of the baseline under this section. | Oil Savings Act of 2009 - Requires a Commissioner of the Federal Trade Commission (FTC), appointed by the FTC Chairperson, to establish, and serve as Director of, an interagency working group, which shall publish in the Federal Register an action plan for achieving oil savings.
Authorizes the working group to publish a revised action plan if intermediate oil savings targets set by the action plan are not met.
Requires the working group to determine the baseline level of U.S. consumption of barrels of oil per day on average. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Pension
Liability Funding Reform Act of 1994''.
TITLE I--FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA PENSION FUNDS
SEC. 101. INCREASE IN AND EXTENSION OF FEDERAL CONTRIBUTION.
(a) In General.--Section 144(a) of the District of Columbia
Retirement Reform Act (sec. 1-724(a), D.C. Code) is amended--
(1) in the matter preceding paragraph (1), by striking
``2004--'' and inserting ``2035 the following amounts:'';
(2) in paragraph (1)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1995, the sum of $34,170,000, reduced by the amount of
any reduction required under section 145(c),
``(B) for fiscal year 1996, the sum of $35,879,000,
reduced by the amount of any such reduction, and
``(C) for fiscal year 1997 and each subsequent
fiscal year, the amount calculated in accordance with
this paragraph for the previous fiscal year increased
by 5 percent, reduced by the amount of any such
reduction;'';
(3) in paragraph (2)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1995, the sum of $17,680,000,
``(B) for fiscal year 1996, the sum of $18,564,000,
and
``(C) for fiscal year 1997 and each subsequent
fiscal year, the amount calculated in accordance with
this paragraph for the previous fiscal year increased
by 5 percent; and''; and
(4) in paragraph (3)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1995, the sum of $220,000,
``(B) for fiscal year 1996, the sum of $231,000,
and
``(C) for fiscal year 1997 and each subsequent
fiscal year, the amount calculated in accordance with
this paragraph for the previous fiscal year increased
by 5 percent.''.
(b) Conforming Amendments.--The District of Columbia Retirement
Reform Act is amended--
(1) in section 144(e) (sec.1-724, D.C. Code)--
(A) by striking ``2004'' in paragraph (1) and
inserting ``2035'', and
(B) by striking paragraph (2);
(2) in section 145 (sec. 1-725, D.C. Code), by striking
``2004'' each place it appears in subsections (a)(1) and (c)(1)
and inserting ``2035''; and
(3) in section 162(d) (sec. 1-732(d)(1), D.C. Code), by
striking paragraph (5).
TITLE II--CHANGES IN RETIREMENT BENEFITS
Subtitle A--Police Officers' and Fire Fighters' Contribution
SEC. 201. INCREASE IN CONTRIBUTION.
The first sentence of subsection (d)(1) of the Policemen and
Firemen's Retirement and Disability Act (sec. 4-612(a), D.C. Code) is
amended by inserting after ``per centum'' the following: ``(or, with
respect to a member who is an officer or member of the Metropolitan
Police force or the Fire Department of the District of Columbia, 8 per
centum for each pay period which begins on or after October 1, 1995)''.
SEC. 202. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.
Subsection (m) of the Policemen and Firemen's Retirement and
Disability Act (sec. 4-624, D.C. Code) is amended--
(1) in paragraph (2), by striking ``the Mayor shall'' and
all that follows and inserting the following: ``on January 1 of
each year (or within a reasonable time thereafter), the Mayor
shall determine the per centum change in the price index for
the preceding year by determining the difference between the
index published for December of the preceding year and the
index published for December of the second preceding year.'';
and
(2) by amending paragraph (3) to read as follows:
``(3)(A) If (in accordance with paragraph (2)) the Mayor determines
in a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before March 1 of the year
shall, effective March 1 of the year, be increased by an amount equal
to--
``(i) in the case of an annuity having a commencing date on
or before March 1 of such preceding year, the per centum change
computed under paragraph (2), adjusted to the nearest \1/10\ of
1 per centum; or
``(ii) in the case of an annuity having a commencing date
after March 1 of such preceding year, a pro rata increase equal
to the product of--
``(I) \1/12\ of the per centum change computed
under paragraph (2), multiplied by
``(II) the number of months (not to exceed 12
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase,
adjusted to the nearest \1/10\ of 1 per centum.
``(B) On January 1, 1996 (or within a reasonable time thereafter),
the Mayor shall determine the per centum change in the price index
published for December 1995 over the price index published for June
1995. If such per centum change indicates a rise in the price index,
effective March 1, 1996--
``(i) each annuity having a commencing date on or before
September 1, 1995, shall be increased by an amount equal to
such per centum change, adjusted to the nearest \1/10\ of 1 per
centum; and
``(ii) each annuity having a commencing date after
September 1, 1995, and on or before March 1, 1996, shall be
increased by a pro rata increase equal to the product of--
``(I) \1/6\ of such per centum change, multiplied
by
``(II) the number of months (not to exceed 6
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase,
adjusted to the nearest \1/10\ of 1 per centum.''.
SEC. 203. EQUALIZATION OF CONTRIBUTION RULES FOR FORMER RETIREES.
(a) In General.--Section 209(a)(2)(B) of the District of Columbia
Retirement Reform Act (sec. 4-625(2), D.C. Code) is amended by striking
``having a commencing date after the effective date of such
amendment.''.
(b) Repeal of Relief Allowance or Compensation Increase.--Section
301 of the District of Columbia Police and Firemen's Salary Act of 1953
(sec. 4-605, D.C. Code) is repealed.
Subtitle B--Teachers' Contribution
SEC. 211. INCREASE IN CONTRIBUTION.
The first sentence of section 1 of the Act entitled ``An Act for
the retirement of public-school teachers in the District of Columbia'',
approved August 7, 1946 (sec. 31-1221(a), D.C. Code), is amended by
inserting after ``per centum'' the following: ``(or, with respect to
each pay period which begins on or after October 1, 1995, 8 per
centum)''.
SEC. 212. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.
Section 21(b) of the Act entitled ``An Act for the retirement of
public-school teachers in the District of Columbia'', approved August
7, 1946 (sec. 31-1241(b), D.C. Code) is amended--
(1) in paragraph (1), by striking ``The Mayor shall--'' and
all that follows and inserting the following: ``On January 1 of
each year (or within a reasonable time thereafter), the Mayor
shall determine the per centum change in the price index for
the preceding year by determining the difference between the
index published for December of the preceding year and the
index published for December of the second preceding year.'';
and
(2) by amending paragraph (2) to read as follows:
``(2)(A) If (in accordance with paragraph (1)) the Mayor determines
in a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before March 1 of the year
shall, effective March 1 of the year, be increased by an amount equal
to--
``(i) in the case of an annuity having a commencing date on
or before March 1 of such preceding year, the per centum change
computed under paragraph (1), adjusted to the nearest \1/10\ of
1 per centum; or
``(ii) in the case of an annuity having a commencing date
after March 1 of such preceding year, a pro rata increase equal
to the product of--
``(I) \1/12\ of the per centum change computed
under paragraph (1), multiplied by
``(II) the number of months (not to exceed 12
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase,
adjusted to the nearest \1/10\ of 1 per centum.
``(B) On January 1, 1996 (or within a reasonable time thereafter),
the Mayor shall determine the per centum change in the price index
published for December 1995 over the price index published for June
1995. If such per centum change indicates a rise in the price index,
effective March 1, 1996--
``(i) each annuity having a commencing date on or before
September 1, 1995, shall be increased by an amount equal to
such per centum change, adjusted to the nearest \1/10\ of 1 per
centum; and
``(ii) each annuity having a commencing date after
September 1, 1995, and on or before March 1, 1996, shall be
increased by a pro rata increase equal to the product of--
``(I) \1/6\ of such per centum change, multiplied
by
``(II) the number of months (not to exceed 6
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase,
adjusted to the nearest \1/10\ of 1 per centum.''.
Subtitle C--Judges' Contribution
SEC. 221. INCREASE IN CONTRIBUTION.
(a) Amount of Withholding.--The first sentence of section 11-
1563(a), D.C. Code, is amended by inserting after ``per centum'' the
following: ``(or, with respect to each pay period which begins on or
after October 1, 1995, 4\1/2\ per centum)''.
(b) Computation of Retirement Salary.--Section 11-1564(d)(1), D.C.
Code, is amended by inserting after ``United States Code,'' the
following: ``with respect to services performed before October 1, 1995,
and equal to 4\1/2\ per centum of such salary, pay, or compensation
with respect to services performed on or after October 1, 1995,''.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
The amendments made by this Act shall take effect October 1, 1995. | TABLE OF CONTENTS:
Title I: Federal Contribution to District of
Columbia Pension Funds
Title II: Changes in Retirement Benefits
Subtitle A: Police Officers' and Fire Fighters'
Contribution
Subtitle B: Teachers' Contribution
Subtitle C: Judges' Contribution
Title III: Effective Date
District of Columbia Pension Liability Funding Reform Act of 1994 -
Title I: Federal Contribution to District of Columbia Pension Funds
- Amends the District of Columbia Retirement Reform Act to: (1) extend through FY 2035 (currently 2004) the required Federal payments to the District of Columbia's teachers', firefighters', police officers', and judges' pension funds; (2) increase the amounts paid into each of the pension funds for FY 1996 and thereafter; and (3) delay until 2035 (currently 2004) a determination by the Comptroller General as to whether all such amounts have been paid in full.
Title II: Changes in Retirement Benefits - Subtitle A: Police Officers' and Fire Fighters' Contribution
- Amends the Policemen and Firemen's Retirement and Disability Act to: (1) increase after FY 1995 to eight (currently seven) percent of the basic salary of a D.C. police officer or fire fighter the amount deducted and withheld as a retirement contribution; (2) direct the Mayor to annually (currently semiannually) determine the percentage change in the price index for annuity cost of living adjustment purposes; (3) increase such annuities by specified percentages of the price index increase; and (4) make such adjustment changes applicable to any increase in an annuity payable under such Act (currently limited to annuities having a commencement date after the effective date of the cost of living adjustment provisions).
Repeals a provision of the District of Columbia Police and Firemen's Salary Act which provided a certain pension relief allowance or retirement compensation increase.
Subtitle B: Teachers' Contribution
- Increases to eight (currently seven) percent of a D.C. teacher's basic salary the amount deducted and withheld as a retirement contribution after FY 1995. Makes changes similar to those set forth under Subtitle A with respect to price index determinations and related teacher annuity adjustments.
Subtitle C: Judges' Contribution
- Increases from three and one half to four and one half percent of the basic judges' salary the amount to be deducted and withheld for retirement contributions after FY 1995. Provides for the assumption of such increased contribution in the computation of retirement salary for services performed on or after FY 1995. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Automatic Reserve Component
Enrollment Act of 2009''.
SEC. 2. AUTOMATIC ENROLLMENT OF DEMOBILIZING MEMBERS OF THE NATIONAL
GUARD AND RESERVE IN HEALTH CARE AND DENTAL CARE PROGRAMS
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly take appropriate actions to provide for
the automatic enrollment of members of the National Guard and Reserve
who are being discharged or released from active duty in the Armed
Forces in the health care and dental care programs for veterans of the
Department of Veterans Affairs during the participation of such members
in the demobilization and discharge process used for members of the
Reserve components of the Armed Forces.
(b) Enrollment.--
(1) Protection of privacy.--Any enrollment activities
required of members under subsection (a) shall provide
appropriate protections for the privacy of such members and
their personal information in accordance with applicable
requirements of law.
(2) Assistance.--
(A) In general.--In providing for the enrollment of
members as described in subsection (a), the Secretary
of Veterans Affairs shall provide members assistance in
the completion of any enrollment activities required
under such subsection. Such assistance shall be
provided during the demobilization and discharge
process of such members utilizing such personnel of the
Department of Veterans Affairs, including personnel of
the Veterans Health Administration and the Veterans
Benefits Administration, as the Secretary shall assign
for such purposes.
(B) Education and outreach.--When providing
assistance under subparagraph (A) to members described
in subsection (a), the personnel of the Department
providing such assistance shall also provide
information to such members about the programs,
benefits, and services of the Department for which they
may be eligible, including how such members can apply
for and access such programs, benefits, and services.
(3) Facilities and other resources.--The Secretary of
Defense shall ensure that the facilities and other resources
(including space and computer facilities) for the
demobilization and discharge process used for members of
Reserve components of the Armed Forces include adequate
facilities and resources for the performance by members of any
enrollment activities required under subsection (a) and any
assistance in the performance of such activities under
paragraph (2).
(c) Construction.--Nothing in this section shall be construed to
require a member of a Reserve component of the Armed Forces to
participate in any health care or dental care program or use any
service of the Department of Veterans Affairs.
(d) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and each year thereafter for five
years, the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly submit a report on the implementation of
the requirements of this section to--
(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the activities undertaken by
the Secretary of Defense and the Secretary of Veterans
Affairs to carry out the requirements of this section.
(B) An assessment of the effect of such activities
on--
(i) the enrollment of members of the
Reserve components of the Armed Forces in
health care and dental care programs for
veterans of the Department of Veterans Affairs;
and
(ii) the participation of such members in
such programs.
(C) An assessment of the potential budgetary impact
and demand for services that actions taken under
subsection (a) may have on the Department of Veterans
Affairs and any need for additional staff or resources
to meet that demand.
(D) Such recommendations for legislative or
administrative action as the Secretary of Defense and
the Secretary of Veterans Affairs jointly consider
appropriate in order to improve or enhance the
requirements of this section so as to further
facilitate the enrollment of members of the Reserve
components of the Armed Forces in health care and
dental care programs for veterans of the Department of
Veterans Affairs.
(E) Such other matters with respect to the
requirements of this section as Secretary of Defense
and the Secretary of Veterans Affairs jointly consider
appropriate.
(e) Enrollment Defined.--In this section, the term ``enrollment''
means, with respect to enrolling a member of a Reserve component of the
Armed Forces in a health care or dental care program for veterans of
the Department of Veterans Affairs, collecting and recording
appropriate information about such member in the record keeping system
of the Department of Veterans Affairs to facilitate participation of
such member in such program if such member elects such participation
and is eligible for such participation. | Automatic Reserve Component Enrollment Act of 2009 - Directs the Secretaries of Defense and Veterans Affairs to jointly provide for the enrollment of members of the National Guard and reserve being discharged or released from active duty in the health and dental care programs for veterans of the Department of Veterans Affairs (VA) during their participation in the demobilization and discharge process.
Requires for such members: (1) the protection of privacy and personal information; (2) appropriate assistance in the completion of enrollment activities; and (3) education and outreach about the VA programs, benefits, and services for which they may be eligible. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dangerous Products Warning Act''.
SEC. 2. DANGEROUS PRODUCTS.
(a) In General.--Part 1 of title 18, United States Code, is amended
by inserting after chapter 27 the following:
``CHAPTER 28--DANGEROUS PRODUCTS
``Sec.
``571. Violations.
``572. Relationship to existing law.
``573. Construction.
``574. Definitions for chapter.
``Sec. 571. Violations
``(a) Failure To Inform and Warn.--Whoever--
``(1) is a business entity or a product supervisor with
respect to a product or business practice;
``(2) knows of a serious danger associated with such
product (or a component of that product) or business practice;
and
``(3) knowingly fails within 15 days after such discovery
is made (or if there is imminent risk of serious bodily injury
or death, immediately) to do any of the following:
``(A) To inform an appropriate Federal agency in
writing, unless such product supervisor has actual
knowledge that such an agency has been so informed.
``(B) To warn affected employees in writing, unless
such product supervisor has actual knowledge that such
employees have been so warned.
``(C) To inform persons other than affected
employees at risk if they can reasonably be identified.
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(b) Retaliation.--Whoever knowingly discriminates against any
person in the terms or conditions of employment or in retention in
employment or in hiring because of such person having informed a
Federal agency or warned employees of a serious danger associated with
a product or business practice shall be fined under this title or
imprisoned not more than one year, or both.
``(c) Nonpayment by Business Entities.--If a fine is imposed on an
individual under this section, such fine shall not be paid, directly or
indirectly, out of the assets of any business entity on behalf of that
individual.
``Sec. 572. Relationship to existing law
``(a) Rights To Intervene.--Nothing in this chapter shall be
construed to limit the right of any individual or group of individuals
to initiate, intervene in, or otherwise participate in any proceeding
before a regulatory agency or court, nor to relieve any regulatory
agency, court, or other public body of any obligation, or affect its
discretion to permit intervention or participation by an individual or
group or class of consumers, employees or citizens in any proceeding or
activity.
``(b) State Law.--Nothing in this chapter preempts any State law or
otherwise affects any State authority to adopt or enforce any State
law.
``Sec. 573. Construction
``This chapter shall be construed in such a manner as best to
represent and protect the interests of the public.
``Sec. 574. Definitions for chapter
``In this chapter--
``(1) the term `product supervisor'--
``(A) means--
``(i) an officer or director of a
corporation or an association;
``(ii) a partner of a partnership; or
``(iii) any employee or other agent of a
corporation, association, or partnership having
duties such that the conduct of such employee
or agent may fairly be assumed to represent the
policy of the corporation, association, or
partnership; and
``(B) includes persons having management
responsibility for--
``(i) submissions to a Federal agency
regarding the development or approval of any
product;
``(ii) production, quality assurance, or
quality control of any product; or
``(iii) research and development of any
product;
``(2) the term `product' means a product or service of a
business entity that enters or will enter interstate commerce;
``(3) the term `business entity' means any corporation,
company, association, firm, partnership, or other business
entity or a sole proprietor;
``(4) the term `business practice' means a method or
practice of manufacturing, assembling, designing, researching,
importing or distributing a product that enters or will enter
interstate commerce, conducting, providing or preparing to
provide a service that enters or will enter interstate
commerce, or otherwise carrying out business operations related
to products or services that enter or will enter interstate
commerce;
``(5) the term `serious danger', used with respect to a
product or business practice, means a danger, not readily
apparent to the average person, that the normal or reasonably
foreseeable use of, or the exposure of a human being to, that
product or business practice may cause death or serious bodily
injury to a human being;
``(6) the term `serious bodily injury' means an impairment
of physical condition, including as result of trauma,
repetitive motion or disease, that--
``(A) creates a substantial risk of death; or
``(B) causes--
``(i) serious permanent disfigurement;
``(ii) unconsciousness;
``(iii) extreme pain; or
``(iv) permanent or protracted loss or
impairment of the function of any bodily
member, organ, bodily system, or mental
faculty;
``(7) the term `appropriate Federal agency' means any
agency with jurisdiction over the product or business practice;
and
``(8) the term `warn affected employees', used with respect
to a serious danger, means take reasonable steps to give
sufficient description of the serious danger to all individuals
working for or in the business entity who are likely to be
subject to the serious danger in the course of that work to
make those individuals aware of that danger.''.
(b) Clerical Amendment.--The table of chapters for title 18, United
States Code, is amended by inserting, after the item relating to
chapter 27, the following:
``28. Dangerous products.................................... 571''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act take effect 180 days after the date
of enactment of this Act. | Dangerous Products Warning Act - Amends the federal criminal code to impose a fine and/or prison term of up to 5 years on any business entity or product supervisor with respect to a product or business practice who knows of a serious danger associated with such product or business practice and knowingly fails within 15 days after discovering such danger to inform an appropriate federal agency in writing, warn affected employees in writing, and inform other affected individuals. Imposes a fine and/or prison term of up to 1 year on any individual who intentionally discriminates against an employee who informs a federal agency or warns employees of a serious danger associated with a product or business practice. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Family Values at the Border
Act''.
SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS.
(a) Procedures for Migration Deterrence Programs at the Border.--In
any migration deterrence program carried out at a border, the Secretary
and any cooperating entity shall for each apprehended individual--
(1) as soon as practicable after such individual is
apprehended--
(A) inquire through a standardized procedure that
shall be established by the Secretary not later than 90
days after the date of the enactment of this Act, as to
whether such apprehended individual is--
(i) a parent, legal guardian, or primary
caregiver of a child; or
(ii) traveling with a spouse, child, or
sibling; and
(B) ascertain whether repatriation of such
apprehended individual presents any humanitarian
concern or concern related to such apprehended
individual's physical safety; and
(2) ensure that, with respect to a decision related to the
repatriation or referral for prosecution of such apprehended
individual, due consideration is given to--
(A) the best interests of such apprehended
individual's child, in any;
(B) family unity whenever possible; and
(C) other public interest factors, including
humanitarian concerns and concerns related to such
apprehended individual's physical safety.
(b) Mandatory Training.--The Secretary, in consultation with the
Secretary of Health and Human Services, the Attorney General, the
Secretary of State, and independent immigration, child welfare, family
law, and human rights law experts, shall--
(1) develop and provide specialized training for all
personnel of U.S. Customs and Border Protection and cooperating
entities who come into contact with apprehended individuals
regarding legal authorities, policies, and procedures relevant
to the preservation of a child's best interest, family unity,
and other public interest factors, including factors described
in subsection (a); and
(2) require border enforcement personnel to undertake
periodic and continuing training on best practices and changes
in relevant legal authorities, policies, and procedures
referred to in paragraph (1).
(c) Annual Report on the Impact of Migration Deterrence Programs at
the Border.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Secretary shall submit to Congress a report that describes the
impact of migration deterrence programs on parents, legal
guardians, primary caregivers of a child, individuals traveling
with a spouse, child, or sibling, and individuals who present
humanitarian considerations or concerns related to such
individual's physical safety.
(2) Contents.--Each report required under paragraph (1)
shall include for the previous year period an assessment of--
(A) the number of apprehended individuals removed,
repatriated, or referred for prosecution who are the
parent, legal guardian, or primary caregiver of a child
who is a citizen of the United States;
(B) the number of occasions in which both parents,
or the primary caretaker of such a child was removed,
repatriated, or referred for prosecution as part of a
migration deterrence program;
(C) the number of apprehended individuals traveling
with a spouse, parent, grandparent, sibling, or child
who are removed, repatriated, or referred for
prosecution; and
(D) the impact of migration deterrence programs on
public interest factors, including humanitarian
concerns and physical safety.
(d) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement this section.
SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES.
(a) Certification Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and every 180 days thereafter, the
Secretary, except as provided in paragraph (2), shall submit to
Congress written certification that the Department has deported
or otherwise removed for a violation of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) an apprehended
individual from the United States through an entry or exit
point on the southern border only during daylight hours.
(2) Exception.--The certification required under paragraph
(1) shall not apply to the deportation or removal of an
apprehended individual otherwise described in such paragraph
if--
(A) the manner of such deportation or removal is
justified by a compelling governmental interest; and
(B) such apprehended individual is not an
unaccompanied alien child and such apprehended
individual agrees to be deported or removed in such
manner after being notified of the intended manner of
deportation or removal.
(b) Consultation.--The Secretary shall consult with the Secretary
of State and with local service providers at ports of entry, including
shelters, hospitals, and centers for deported women and children, when
negotiating or renegotiating agreements with the Government of Mexico
and State and local entities governing arrangements for the deportation
or removal of apprehended individuals to determine appropriate hours
subject to subsection (a) for conducting deportations and removals, and
identifying safety concerns at deportation and removal sites.
SEC. 4. SHORT-TERM CUSTODY STANDARDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the head of
the Office of Civil Rights and Civil Liberties of the Department, shall
promulgate regulations establishing short-term custody standards
providing for basic minimums of care at all U.S. Customs and Border
Protection (CBP) facilities holding individuals in CBP custody,
including--
(1) Border Patrol stations;
(2) ports of entry;
(3) checkpoints;
(4) forward operating bases;
(5) secondary inspection areas; and
(6) short-term custody facilities.
(b) Requirements.--The regulations promulgated in accordance with
subsection (a) shall ensure that detention space capacity will not be
exceeded except in emergency circumstances, and that all individuals in
CBP custody receive--
(1) potable water and a snack, and, if detained for more
than five hours, a nutritious meal with regular nutritious
meals (at least one of which daily must be heated), and snacks,
thereafter;
(2) medically appropriate meals or snacks if such
individuals are pregnant or have medical needs;
(3) access to bathroom facilities as well as basic
toiletries and hygiene items, including soap, a toothbrush,
toilet paper, and other items appropriate for the age and
gender identification of such individuals, such as diapers and
feminine hygiene products;
(4) a cot, clean linens, and blankets, if detained for more
than five hours;
(5) adequate lighting and climate control that achieves a
reasonable indoor temperature;
(6) a physical and mental health screening conducted
promptly upon arrival in a manner that complies with the
requirements for such screenings specified in the currently
applicable National Commission for Correctional Health Care
Jails Standards, as well as information about the availability
of, and access to, health care services that is communicated in
a form and language such individual is known to understand;
(7) immediate physical and mental health needs addressed by
a qualified health care professional as soon as possible;
(8) prompt notice of the ability to make one telephone call
at any time after arrest, telephone access to make such call,
and the phone numbers to file a complaint with the Office of
the Inspector General of the Department and the Office for
Civil Rights and Civil Liberties of the Department;
(9) to the extent practicable, a reasonable accommodation
to respect such individuals' religious practices;
(10) all protections under the Prison Rape Elimination Act
of 2003 (42 U.S.C. 15601 et seq.; Public Law 108-79), except
that certain protections shall not apply at a particular CBP
facility if the Commissioner of CBP determines that
implementation at that particular facility of such a protection
would be impracticable; and
(11) safe transport, including prevention of sexual assault
during transfer, including in subcontracted transportation
services, while such individuals are transported from a CBP
facility.
(c) Further Provisions.--The Commissioner of CBP shall ensure that
all individuals in CBP custody--
(1) have access to consular officials and counsel;
(2) receive copies of all signed documents; and
(3) are transferred to an appropriate U.S. Immigration and
Customs Enforcement or Department of Health and Human Services
Office of Refugee Resettlement facility or are released from
short-term custody within 48 hours of apprehension.
(d) Surveillance of Certain Individuals in CBP Custody.--The
Commissioner of CBP shall ensure constant surveillance of an individual
in CBP custody who exhibits signs of hostility, depression, or similar
behaviors, or who is reasonably known to pose an elevated suicide risk.
(e) Physical and Mental Health Assessment.--The Commissioner of CBP
shall ensure that individuals in CBP custody for more than 24 hours,
receive, in addition to the physical and mental health screening
specified in subsection (b)(6), a physical and mental health assessment
by a qualified healthcare professional. To the extent practicable, such
individuals with known or readily apparent disabilities, including
temporary disabilities, shall be housed in a manner that accommodates
their mental or physical condition, or both, and provides for the
safety, comfort, and security of such individuals.
(f) Return of Certain Belongings.--Any lawful, nonperishable
belongings of an individual in CBP custody that are confiscated by
personnel operating under Federal authority shall be returned to such
individual prior to the deportation or removal of such individual.
(g) Inspection of Short-Term Custody Facilities.--Short-term
custody facilities shall be inspected at least once every year by the
Department of Homeland Security Office for Civil Rights and Civil
Liberties, with the results made public without the need to submit a
request under section 552 of title 5, United States Code.
(h) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to--
(1) establish a publicly accessible online system to track
the location of individuals in CBP custody held in short-term
custody, and provide an online list of all locations with phone
numbers routinely used to hold individuals in short-term
custody;
(2) improve the education of individuals in CBP custody
regarding administrative procedures and legal rights under
United States immigration law, in consultation with the
Executive Office for Immigration Review; and
(3) ensure notification of the Office of Inspector General
and Department of Homeland Security Office for Civil Rights and
Civil Liberties within 48 hours of all instances in which--
(A) an individual in CBP custody has died,
including during transfer to another facility or while
being released; and
(B) an individual has died as the result of an
encounter with CBP.
(i) Annual Reports.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report that details all instances in which an
individual in CBP custody has died in the prior fiscal year, including
during transfer to another facility or while being released, as well as
all instances in which an individual has died as the result of an
encounter with CBP, and the result of any subsequent investigation.
Such reports shall also detail all instances in which an individual,
including an individual in the custody of CBP, has suffered serious
injuries requiring hospitalization as a result of the use of force by
CBP.
SEC. 5. DEFINITIONS.
In this Act:
(1) Apprehended individual.--The term ``apprehended
individual'' means an individual apprehended by personnel of
the Department of Homeland Security or of a cooperating entity.
(2) Border.--The term ``border'' means an international
border of the United States.
(3) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given such term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Migration deterrence program.--The term ``migration
deterrence program'' means an action related to the
repatriation or referral for prosecution of one or more
apprehended individuals for a suspected or confirmed violation
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
by the Secretary or a cooperating entity.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section 462 of
the Homeland Security Act of 2002 (6 U.S.C. 279). | Protect Family Values at the Border Act - Directs the Secretary of Homeland Security (DHS) to: (1) consider safety and family concerns in any action related to the repatriation or prosecution of individuals apprehended for immigration violations, and (2) provide related training for U.S. Customs and Border Protection (CBP) and cooperating entity personnel. Directs the Secretary, with certain exceptions, to submit to Congress every 180 days written certification that DHS has deported or otherwise removed an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours. Directs the Secretary to promulgate regulations establishing short-term custody standards providing for basic minimums of care at all CBP facilities holding individuals in CBP custody. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transferring Credits for College
Completion Act of 2014''.
SEC. 2. DATA REPORTING REQUIREMENTS.
(a) Transfer Completion Data.--Section 132(i)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1015a(i)(1)) is amended by adding at
the end the following:
``(AA) The percentages of degree- or certificate-
seeking undergraduate students enrolled at the
institution who have transferred from another
institution and who obtain a degree or certificate
within--
``(i) the normal time for completion of, or
graduation from, the student's program
(including the time spent as a degree- or
certificate-seeking undergraduate student at
any other institution);
``(ii) 150 percent of the normal time for
completion of, or graduation from, the
student's program (including the time spent as
a degree- or certificate-seeking undergraduate
student at any other institution); and
``(iii) 200 percent of the normal time for
completion of, or graduation from, the students
program (including the time spent as a degree-
or certificate-seeking undergraduate student at
any other institution).''.
(b) Effective Date.--This section shall take effect one year after
the date of enactment of this Act.
SEC. 3. ARTICULATION AGREEMENTS.
(a) Transfer of Credit Policies.--Section 485(h) of the Higher
Education Act of 1965 (20 U.S.C. 1092(h)) is amended--
(1) in paragraph (1)--
(A) by striking ``Each institution of higher
education'' and inserting the following:
``(A) Private institutions.--Each institution of
higher education that is not described in subparagraph
(B) and that is'';
(B) by redesigning subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(C) by adding at the end the following:
``(B) Public institutions.--Each public institution
of higher education participating in any program under
this title shall--
``(i) not later than July 1, 2017, publicly
disclose on a central location, and in a
readable and comprehensible manner, on the
website of such institution--
``(I) a list of the public
institutions of higher education that
hold an articulation agreement in
common with the institution;
``(II) a list of the courses in the
common general education core
curriculum of such public institutions
of higher education; and
``(III) a description of each
associate degree program at a public
institution of higher education in the
State that is acceptable in transfer
and will provide credit toward the
first 2 years of a related
baccalaureate program at a public
institution of higher education in such
State, including each such associate
degree program that is fully acceptable
in transfer and will be credited as the
first 2 years of a baccalaureate
program; and
``(ii) to the extent practicable, in each
electronic and printed publication of the
institution's course schedule published on or
after July 1, 2017, in a manner of the
institution's choosing, for each course or
program of study listed in the institution's
course schedule, whether such course or program
of study is part of the common general
education core curriculum at the institution
and transferable for credit toward the
completion of a degree at any public
institution of higher education listed under
clause (i)(I).
``(C) Definitions.--For purposes of subparagraph
(B), the terms `articulation agreement' and `common
general education core curriculum' have the meanings
given such terms in paragraph (2).''; and
(2) by striking paragraph (2) and inserting following:
``(2) Articulation agreements.--Except as provided in
paragraph (3), each public institution of higher education
participating in any program under this title shall, not later
than July 1, 2017, enter into an articulation agreement (as
defined in section 486A(a)) held in common with the other
public institutions of higher education that are in the State
in which the institution is located and that are participating
in any such program. Such articulation agreement shall, at a
minimum, include the following:
``(A) A common general education core curriculum
consisting of not less than 30 credit hours or the
equivalent coursework, which are fully acceptable in
transfer at any such public institution of higher
education in the State toward meeting specific degree
or certificate requirements.
``(B) Common course numbering for substantially
similar courses in such common general education core
curriculum.
``(C) A guarantee that an associate degree in an
academic major in the arts or sciences that is awarded
by a public institution of higher education in the
State on or after July 1, 2017, shall be fully
acceptable in transfer and credited as the first 2
years of a related baccalaureate program at a public
institution of higher education in such State.
``(3) Exception for tribal colleges and universities.--A
Tribal College or University (as defined in section 316) shall
not be required to enter into or otherwise participate in an
articulation agreement required under paragraph (2).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to--
``(A) except as provided in paragraph (2),
authorize the Secretary or the National Advisory
Committee on Institutional Quality and Integrity to
require particular policies, procedures, or practices
by institutions of higher education with respect to
transfer of credit;
``(B) authorize an officer or employee of the
Department to exercise any direction, supervision, or
control over the curriculum, program of instruction,
administration, or personnel of any institution of
higher education, or over any accrediting agency or
association;
``(C) limit the application of the General
Education Provisions Act;
``(D) require an institution of higher education to
accept or enroll a student; or
``(E) create any legally enforceable right,
including with respect to a guarantee under paragraph
(2)(C), on the part of a student to require an
institution of higher education to accept the student
for enrollment or to accept a transfer of credit from
another institution.''.
(b) Articulation Agreements.--Section 486A(b) of the Higher
Education Act of 1965 (20 U.S.C. 1093a(b)) is amended--
(1) in paragraph (1)--
(A) by inserting ``that meet the requirements of
section 485(h)(2)'' after ``comprehensive articulation
agreements'';
(B) by inserting ``comprehensive articulation
agreements'' after ``practicable)'';
(C) by striking ``2010'' and inserting ``2017'';
and
(D) by striking the third sentence, including
subparagraphs (A) through (D); and
(2) in paragraph (2), by inserting before the period at the
end the following: ``and section 485(h)(2)''. | Transferring Credits for College Completion Act of 2014 - Amends the Higher Education Act of 1965 (HEA) to require the Secretary of Education to include on the College Navigator website the percentage of undergraduates at an institution of higher education (IHE) who have transferred from another IHE and earned their degree or certificate in their program of study within: (1) the normal time for its completion, (2) 150% of the normal time for its completion, and (3) 200% of the normal time for its completion. Requires private IHEs participating the programs under title IV (Student Assistance) of the HEA to publicly disclose, in a readable and comprehensible manner, their transfer of credit policies, including a list of IHEs with which they have established an articulation agreement. Requires each public IHE participating in a title IV program to publicly disclose, by July 1, 2017, on a central location of its website and in a readable and comprehensible manner: a list of the public IHEs with which it has an articulation agreement, a list of the courses in the common general education core curriculum of such public IHEs, and a description of each associate degree program at a public IHE in the state that is acceptable in transfer and that will provide credit toward the first two years of a related baccalaureate program at a public IHE in such state. Requires each public IHE, to the extent practicable, to include in its course schedule publication information on whether each listed course or program of study is part of its common general education core curriculum and is transferable for credit toward the completion of a degree at any public IHE with which it has an articulation agreement. Requires each public IHE, by July 1, 2017, to enter into an articulation agreement with the other public IHEs located in its state. Requires those agreements to include: a common general education core curriculum consisting of at least 30 credit hours or equivalent coursework that are fully transferable toward meeting specific degree or certificate requirements at other public IHEs in the state, common course numbering for substantially similar courses in that curriculum, and a guarantee that an associate degree in an academic major in the arts and sciences at a public IHE in the state will be credited as the first two years of a related baccalaureate program at other public IHEs in the state. Excepts Tribal Colleges or Universities from those articulation agreement requirements. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superfund Recycling Equity Act of
1994''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to promote the reuse and recycling of scrap material in
furtherance of the goals of waste minimization and natural
resource conservation while protecting human health and the
environment;
(2) to level the playing field between the use of virgin
materials and recycled materials; and
(3) to remove the disincentives and impediments to
recycling because of potential Superfund liability.
SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING
TRANSACTIONS.
Title I of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 is amended by adding at the end the following
new section:
``SEC. 127. RECYCLING TRANSACTIONS.
``(a) Liability Clarification.--As provided in subsections (b),
(c), and (d), a person who arranged for the recycling of recyclable
material shall not be liable under section 107(a)(3) or 107(a)(4).
``(b) Recyclable Material Defined.--For purposes of this section,
the term `recyclable material' means scrap paper, scrap plastic, scrap
glass, scrap textiles, scrap rubber (other than whole tires), scrap
metal, or scrap lead-acid and nickel-cadmium batteries, as well as
minor amounts of material incident to or adhering to the scrap material
as a result of its normal and customary use prior to becoming scrap.
``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles,
or Rubber.--Transactions involving scrap paper, scrap plastic, scrap
glass, scrap textiles, or scrap rubber (other than whole tires) shall
be deemed to be arranging for recycling if the person who arranged for
the transaction (by selling recyclable material or otherwise arranging
for the recycling of recyclable material) can demonstrate by a
preponderance of the evidence that all of the following criteria were
met at the time of the transaction:
``(1) The recyclable material met a commercial
specification grade.
``(2) A market existed for the recyclable material.
``(3) A substantial portion of the recyclable material was
made available for use as a feedstock for the manufacture of a
new saleable product.
``(4) The recyclable material could have been a replacement
or substitute for a virgin raw material, or the product made
from the recyclable material could have been a replacement or
substitute for a product made, in whole or in part, from a
virgin raw material.
``(5) For transactions occurring 90 days or more after the
date of enactment of this section, the person exercised
reasonable care to determine that the facility where the
recyclable material would be handled, processed, reclaimed, or
otherwise managed by another person (hereinafter in this
section referred to as a `consuming facility') was in
compliance with substantive (not procedural or administrative)
provisions of any Federal, State, or local environmental law or
regulation, or compliance order or decree issued pursuant
thereto, applicable to the handling, processing, reclamation,
storage, or other management activities associated with the
recyclable material. For purposes of this subsection,
`reasonable care' shall be determined using criteria that
includes (but is not limited to) (A) the price paid in the
recycling transaction; (B) the ability of the person to detect
the nature of the consuming facility's operations concerning
its handling, processing, reclamation, or other management
activities associated with the recyclable material; and (C) the
result of inquiries made to the appropriate Federal, State, or
local environmental agency (or agencies) regarding the
consuming facility's past and current compliance with
substantive (not procedural or administrative) provisions of
any Federal, State, or local environmental law or regulation,
or compliance order or decree issued pursuant thereto,
applicable to the handling, processing, reclamation, storage,
or other management activities associated with the recyclable
material. For the purposes of this paragraph, a requirement to
obtain a permit applicable to the handling, processing,
reclamation, or other management activity associated with the
recyclable materials shall be deemed to be a substantive
provision.
``(d) Transactions Involving Scrap Metal.--
``(1) Transactions involving scrap metal shall be deemed to
be arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise
arranging for the recycling of recyclable material) can
demonstrate by a preponderance of the evidence that at the time
of the transaction--
``(A) the person met the criteria set forth in
subsection (c) with respect to the scrap metal;
``(B) the person was in compliance with any
applicable regulations or standards regarding the
storage, transport, management, or other activities
associated with the recycling of scrap metal that the
Administrator promulgates under the Solid Waste
Disposal Act subsequent to the enactment of this
section and with regard to transactions occurring after
the effective date of such regulations or standards;
and
``(C) the person did not melt the scrap metal prior
to the transaction.
``(2) For purposes of paragraph (1)(C), melting of scrap
metal does not include the thermal separation of 2 or more
materials due to differences in their melting points (referred
to as `sweating').
``(3) For the purposes of this subsection, the term `scrap
metal' means bits and pieces of metal parts (e.g. bars,
turnings, rods, sheets, wire) or metal pieces that may be
combined together with bolts or soldering (e.g. radiators,
scrap automobiles, railroad box cars), which when worn or
superfluous can be recycled, except for scrap metals that the
Administrator excludes from this definition by regulation.
``(e) Transactions Involving Batteries.--Transactions involving
spent lead-acid batteries or nickel-cadmium batteries shall be deemed
to be arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise arranging for
the recycling of recyclable material) can demonstrate by a
preponderance of the evidence that at the time of the transaction--
``(1) the person met the criteria set forth in subsection
(c) with respect to the spent lead-acid batteries or nickel-
cadmium batteries but did not recover the valuable components
of such batteries; and
``(2) either--
``(A) with respect to transactions involving
nickel-cadmium batteries, the Administrator has
promulgated regulations or standards regarding the
storage, transport, management, or other activities
associated with the recycling of spent nickel-cadmium
batteries, and the person was in compliance with
applicable regulations or standards or any amendments
thereto; or
``(B) with respect to transactions involving lead-
acid batteries, the person was in compliance with
applicable regulations or standards, and any amendments
thereto, regarding the storage, transport, management,
or other activities associated with the recycling of
spent lead-acid batteries.
``(f) Exclusions.--(1) The exemptions set forth in subsections (c),
(d), and (e) shall not apply if--
``(A) the person had an objectively reasonable basis to
believe at the time of the recycling transaction--
``(i) that the recyclable material would not be
recycled,
``(ii) that the recyclable material would be burned
as fuel, or for energy recovery or incineration, or
``(iii) for transactions occurring during the 90-
day period beginning on the date of the enactment of
this section, that the consuming facility was not in
compliance with a substantive (not a procedural or
administrative) provision of any Federal, State, or
local environmental law or regulation, or compliance
order or decree issued pursuant thereto, applicable to
the handling, processing, reclamation, or other
management activities associated with the recyclable
material;
``(B) the person added hazardous substances into the
recyclable material for purposes other than processing or
recycling; or
``(C) the person failed to exercise reasonable care with
respect to the management and handling of the recyclable
material.
``(2) For purposes of this subsection, an objectively reasonable
basis for belief shall be determined using criteria that includes (but
is not limited to) the size of the person's business, customary
industry practices, the price paid in the recycling transaction, and
the ability of the person to detect the nature of the consuming
facility's operations concerning its handling, processing, reclamation
or other management activities associated with the recyclable material.
``(3) For purposes of this subsection, a requirement to obtain a
permit applicable to the handling, processing, reclamation, or other
management activities associated with recyclable material shall be
deemed to be a substantive provision.
``(g) Effect on Other Liability.--Nothing in this section shall be
deemed to affect the liability of a person under paragraph (1) or (2)
of section 107(a).
``(h) PCBs.--An exemption under this section does not apply if the
recyclable material contained polychlorinated biphenyls in excess of 50
parts per million or any new standard promulgated pursuant to
applicable Federal laws.
``(i) Regulations.--The Administrator has the authority, under
section 115, to promulgate additional regulations concerning this
section.
``(j) Effect on Pending or Concluded Actions.--The exemptions
provided in this section shall not affect any concluded judicial or
administrative action or any pending judicial action initiated by the
United States prior to enactment of this section.
``(k) Liability for Attorney's Fees for Certain Actions.--Any
person who commences an action in contribution against a person who is
not liable by operation of this section shall be liable to that person
for all reasonable costs of defending that action, including all
reasonable attorney's and expert witness fees.
``(l) Relationship to Liability Under Other Laws.--Nothing in this
section shall affect--
``(1) liability under any other Federal, State, or local
statute or regulation promulgated pursuant to any such statute,
including any requirements promulgated by the Administrator
under the Solid Waste Disposal Act; or
``(2) the ability of the Administrator to promulgate
regulations under any other statute, including the Solid Waste
Disposal Act.''. | Superfund Recycling Equity Act of 1994 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions.
Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations.
Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he/she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction.
Deems transactions involving spent lead-acid or nickel-cadmium batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he/she complied with applicable standards regarding such batteries.
Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing or recycling; or (3) failed to exercise reasonable care with respect to the management of the material.
Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taking Care of Small Business Tax
Simplification Act of 2005''.
SEC. 2. SUBCHAPTER S ELECTION PERMITTED ON RETURN FILED BEFORE DUE DATE
WITH EXTENSIONS.
(a) In General.--Subsection (b) of section 1362 of the Internal
Revenue Code of 1986 (relating to when subchapter S election made) is
amended to read as follows:
``(b) When Made.--
``(1) In general.--An election under subsection (a) may be
made by a small business corporation for any taxable year at
any time during the period--
``(A) beginning on the first day of the preceding
taxable year, and
``(B) ending on the due date (with extensions) for
filing the return for the taxable year.
``(2) Certain elections treated as made for next taxable
year.--If--
``(A) an election under subsection (a) is made for
any taxable year within the period described in
paragraph (1), but
``(B) either--
``(i) on 1 or more days in such taxable
year before the day on which the election was
made the corporation did not meet the
requirements of subsection (b) of section 1361,
or
``(ii) 1 or more of the persons who held
stock in the corporation during such taxable
year and before the election was made did not
consent to the election,
then such election shall be treated as made for the
following taxable year.
``(3) Election made after due date treated as made for
following taxable year.--If--
``(A) a small business corporation makes an
election under subsection (a) for any taxable year, and
``(B) such election is made after the due date
(with extensions) for filling the return for such year,
hen such election shall be treated as made for the following
taxable year.
``(4) Authority to treat late elections, etc., as timely.--
If--
``(A) an election under subsection (a) is made for
any taxable year (determined without regard to
paragraph (3)) after the date prescribed by this
subsection for making such election for such taxable
year or no such election is made for any taxable year,
and
``(B) the Secretary determines that there was
reasonable cause for the failure to timely make such
election,
the Secretary may treat such an election as timely made for
such taxable year (and paragraph (3) shall not apply)''.
(b) Revocations.--Subparagraph (C) of section 1362(d)(1) of such
Code is amended to read as follows:
``(C) When effective.--Except as provided in
subparagraph (D)--
``(i) a revocation made on or before the
due date (with extensions) for filing the
return for a taxable year shall be effective on
the 1st day of such taxable year unless the
revocation specifies that it is to take effect
on the 1st day of the taxable year in which
made, and
``(ii) a revocation made during a taxable
year but after the due date (with extensions)
for filing the return for the preceding taxable
year shall be effective on the 1st day of the
taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to elections for taxable years beginning after the date of the
enactment of this Act.
SEC. 3. RELIEF FROM PENALTIES FOR DEPOSITS OF TAXES MADE ON A TIMELY
BASIS BUT NOT IN THE PRESCRIBED MANNER.
(a) In General.--Section 6656 of the Internal Revenue Code of 1986
(relating to failure to make deposits of taxes) is amended by
redesignating subsection (e) as subsection (f) and by inserting after
subsection (d) the following new subsection:
``(e) Relief From Penalties for Deposits of Taxes Made on a Timely
Basis but not in the Prescribed Manner.--The Secretary may abate all or
any portion of the penalty imposed by subsection (a) on the failure to
make a deposit in the manner prescribed by the Secretary if--
``(1) the deposit was made not later than the date
prescribed therefor, and
``(2) such failure was due to reasonable cause and not
willful neglect.
The applicable percentage under subsection (b) shall not exceed 2
percent in the case of any failure with respect to which the
requirements of paragraphs (1) and (2) are met.''.
(b) Conforming Amendment.--Subparagraph (A) of section 6656(b)(1)
of such Code is amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (e)''.
(c) Effective Date.--The amendments made by this section shall
apply to deposits required to be made after the date of the enactment
of this Act.
SEC. 4. UNINCORPORATED BUSINESSES OPERATED BY HUSBAND AND WIFE AS CO-
OWNERS.
(a) In General.--Section 761 of the Internal Revenue Code of 1986
(defining terms for purposes of partnerships) is amended by
redesignating subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
``(f) Qualified Joint Venture.--
``(1) In general.--In the case of a qualified joint venture
conducted by a husband and wife who file a joint return for the
taxable year, for purposes of this title--
``(A) such joint venture shall not be treated as a
partnership,
``(B) all items of income, gain, loss, deduction,
and credit shall be divided between the spouses in
accordance with their respective interests in the
venture, and
``(C) each spouse shall take into account such
spouse's respective share of such items as if they were
attributable to a trade or business conducted by such
spouse as a sole proprietor.
``(2) Qualified joint venture.--For purposes of paragraph
(1), the term `qualified joint venture' means any joint venture
involving the conduct of a trade or business if--
``(A) the only members of such joint venture are a
husband and wife,
``(B) both spouses materially participate (within
the meaning of section 469(h) without regard to
paragraph (5) thereof) in such trade or business, and
``(C) both spouses elect the application of this
subsection.''.
(b) Net Earnings From Self-Employment.--
(1) Subsection (a) of section 1402 of such Code (defining
net earnings from self-employment) is amended by striking
``and'' at the end of paragraph (15), by striking the period at
the end of paragraph (16) and inserting ``; and'', and by
inserting after paragraph (16) the following new paragraph:
``(17) notwithstanding the preceding provisions of this
subsection, each spouse's share of income or loss from a
qualified joint venture shall be taken into account as provided
in section 761(f) in determining net earnings from self-
employment of such spouse.''.
(2) Subsection (a) of section 211 of the Social Security
Act (defining net earnings from self-employment) is amended by
striking ``and'' at the end of paragraph (15), by striking the
period at the end of paragraph (16) and inserting ``; and'',
and by inserting after paragraph (16) the following new
paragraph:
``(17) Notwithstanding the preceding provisions of this
subsection, each spouse's share of income or loss from a
qualified joint venture shall be taken into account as provided
in section 761(f) of the Internal Revenue Code of 1986 in
determining net earnings from self-employment of such
spouse.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act . | Taking Care of Small Business Tax Simplification Act of 2005 - Amends the Internal Revenue Code to: (1) extend the deadline for filing a subchapter S election; (2) authorize the Secretary of the Treasury to abate penalties for payroll taxes timely paid but not deposited in the prescribed manner; and (3) permit married couples who operate certain joint ventures to file separate tax returns. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of 2003''.
SEC. 2. PERMANENT JUDGESHIPS.
Section 152(a)(2) of title 28, United States Code, is amended--
(1) in the item relating to the eastern and western
districts of Arkansas by striking ``3'' and inserting ``4'',
(2) in the item relating to the district of Delaware by
striking ``1'' and inserting ``6'',
(3) in the item relating to the middle district of Florida
by striking ``8'' and inserting ``10'',
(4) in the item relating to the southern district of
Florida by striking ``5'' and inserting ``7'',
(5) in the item relating to the northern district of
Georgia by striking ``8'' and inserting ``9'',
(6) in the item relating to the southern district of
Georgia by striking ``2'' and inserting ``3'',
(7) in the item relating to the district of Maryland by
striking ``4'' and inserting ``7'',
(8) in the item relating to the eastern district of
Michigan by striking ``4'' and inserting ``6'',
(9) in the item relating to the district of Nevada by
striking ``3'' and inserting ``5'',
(10) in the item relating to the district of New Jersey by
striking ``8'' and inserting ``9'',
(11) in the item relating to the southern district of New
York by striking ``9'' and inserting ``11'',
(12) in the item relating to the eastern district of North
Carolina by striking ``2'' and inserting ``3'',
(13) in the item relating to the eastern district of
Pennsylvania by striking ``5'' and inserting ``6'',
(14) in the item relating to the district of Puerto Rico by
striking ``2'' and inserting ``3'',
(15) in the item relating to the district of South Carolina
by striking ``2'' and inserting ``3'',
(16) in the item relating to the western district of
Tennessee by striking ``4'' and inserting ``6'',
(17) in the item relating to the district of Utah by
striking ``3'' and inserting ``4'', and
(18) in the item relating to the eastern district of
Virginia by striking ``5'' and inserting ``6''.
SEC. 3. TEMPORARY JUDGESHIPS.
(a) Temporary Judgeships.--
(1) Appointments.--The following bankruptcy judges shall be
appointed in the manner prescribed in section 152(a)(1) of
title 28, United States Code, for the appointment of bankruptcy
judges provided for in section 152(a)(2) of such title:
(A) One additional bankruptcy judge for the
southern district of Georgia.
(B) One additional bankruptcy judge for the
district of Maryland.
(C) One additional bankruptcy judge for the eastern
district of Mississippi.
(D) One additional bankruptcy judge for the
northern district of Mississippi.
(E) One additional bankruptcy judge for the middle
district of New York.
(F) One additional bankruptcy judge for the middle
district of Pennsylvania.
(G) One additional bankruptcy judge for the
district of Puerto Rico.
(2) Vacancies.--The first vacancy occurring in the office
of bankruptcy judge in each of the judicial districts set forth
in paragraph (1)--
(i) occurring 5 years or more after the
appointment date of the bankruptcy judge
appointed under paragraph (1) to such office;
and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(b) Extensions.--
(1) In general.--The temporary office of bankruptcy judges
authorized for the northern district of Alabama and the eastern
district of Tennessee under paragraphs (1) and (9) of section
3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152
note) are extended until the first vacancy occurring in the
office of a bankruptcy judge in the applicable district
resulting from the death, retirement, resignation, or removal
of a bankruptcy judge and occurring 5 years after the date of
the enactment of this Act.
(2) Applicability of other provisions.--All other
provisions of section 3 of the Bankruptcy Judgeship Act of 1992
(28 U.S.C. 152 note) remain applicable to the temporary office
of bankruptcy judges referred to in this subsection.
(c) Technical Amendments.--Section 152(a) of title 28, United
States Code, is amended--
(1) in paragraph (1), by striking the first sentence and
inserting the following: ``Each bankruptcy judge to be
appointed for a judicial district, as provided in paragraph
(2), shall be appointed by the court of appeals of the United
States for the circuit in which such district is located.'';
and
(2) in paragraph (2)--
(A) in the item relating to the middle district of
Georgia, by striking ``2'' and inserting ``3''; and
(B) in the collective item relating to the middle
and southern districts of Georgia, by striking ``Middle
and Southern . . . . . . 1''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Bankruptcy Judgeship Act of 2003 - Amends the Federal judicial code to: (1) authorize the appointment of additional permanent and temporary bankruptcy judges in various States and Puerto Rico; and (2) extend certain temporary office of bankruptcy judges previously authorized for Alabama and Tennessee. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Tax Transparency Act''.
SEC. 2. DISCLOSURE OF TAX RETURNS BY PRESIDENTS AND CERTAIN
PRESIDENTIAL CANDIDATES.
(a) In General.--Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting after section 102 the following:
``SEC. 102A. DISCLOSURE OF TAX RETURNS.
``(a) Definitions.--In this section--
``(1) the term `covered candidate' means an individual--
``(A) required to file a report under section
101(c); and
``(B) who is nominated by a major party as a
candidate for the office of President;
``(2) the term `covered individual' means--
``(A) a President required to file a report under
subsection (a) or (d) of section 101; and
``(B) an individual who occupies the office of the
President required to file a report under section
101(e);
``(3) the term `major party' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986; and
``(4) the term `income tax return' means, with respect to
any covered candidate or covered individual, any return (within
the meaning of section 6103(b) of the Internal Revenue Code of
1986) related to Federal income taxes, but does not include--
``(A) information returns issued to persons other
than such covered candidate or covered individual; and
``(B) declarations of estimated tax.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information
described in subsections (a) and (b) of section 102, a
covered individual shall include in each report
required to be filed under this title a copy of the
income tax returns of the covered individual for the 3
most recent taxable years for which a return has been
filed with the Internal Revenue Service as of the date
on which the report is filed.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A), the Director
of the Office of Government Ethics shall submit to the
Secretary of the Treasury a request that the Secretary
of the Treasury provide the Director of the Office of
Government Ethics with a copy of the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Director of the Office of Government Ethics and made
publicly available in the same manner as the
information described in subsections (a) and (b) of
section 102.
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Director of the
Office of Government Ethics shall redact such
information as the Director of the Office of Government
Ethics, in consultation with the Secretary of the
Treasury (or a delegate of the Secretary), determines
appropriate.
``(2) Candidates.--
``(A) In general.--Not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include a copy of the income tax
returns of the covered candidate for the 3 most recent
taxable years for which a return has been filed with
the Internal Revenue Service.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A) the Federal
Election Commission shall submit to the Secretary of
the Treasury a request that the Secretary of the
Treasury provide the Federal Election Commission with
the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Federal Election Commission and made publicly available
in the same manner as the information described in
section 102(b).
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Federal Election
Commission shall redact such information as the Federal
Election Commission, in consultation with the Secretary
of the Treasury (or a delegate of the Secretary) and
the Director of the Office of Government Ethics,
determines appropriate.
``(3) Special rule for sitting presidents.--Not later than
30 days after the date of enactment of this section, the
President shall submit to the Director of the Office of
Government Ethics a copy of the income tax returns described in
paragraph (1)(A).''; and
(2) in section 104--
(A) in subsection (a)--
(i) in paragraph (1), in the first
sentence, by inserting ``or any individual who
knowingly and willfully falsifies or who
knowingly and willfully fails to file an income
tax return that such individual is required to
disclose pursuant to section 102A'' before the
period; and
(ii) in paragraph (2)(A)--
(I) in clause (i), by inserting
``or falsify any income tax return that
such person is required to disclose
under section 102A'' before the
semicolon; and
(II) in clause (ii), by inserting
``or fail to file any income tax return
that such person is required to
disclose under section 102A'' before
the period;
(B) in subsection (b), in the first sentence by
inserting ``or willfully failed to file or has
willfully falsified an income tax return required to be
disclosed under section 102A'' before the period;
(C) in subsection (c), by inserting ``or failing to
file or falsifying an income tax return required to be
disclosed under section 102A'' before the period; and
(D) in subsection (d)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or files an income tax
return required to be disclosed under section
102A'' after ``title''; and
(ii) in subparagraph (A), by inserting ``or
such income tax return, as applicable,'' after
``report''.
(b) Authority To Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
certain presidential candidates.--
``(A) Disclosure of returns of presidents.--
``(i) In general.--The Secretary shall,
upon written request from the Director of the
Office of Government Ethics pursuant to section
102A(b)(1)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Office of Government Ethics a copy of any
income tax return of the President which is
required to be filed under section 102A of such
Act.
``(ii) Disclosure to public.--The Director
of the Office of Government Ethics may disclose
to the public the income tax return of any
President which is required to be filed with
the Director pursuant to section 102A of the
Ethics in Government Act of 1978.
``(B) Disclosure of returns of certain candidates
for president.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102A(b)(2)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Federal Election Commission copies of the
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(a)) for the office of
President.
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(6)) for the office of
President and which is required to be filed
with the Commission pursuant to section 102A of
the Ethics in Government Act.
``(C) Applicable returns.--For purposes of this
paragraph, the term `applicable returns' means, with
respect to any candidate for the office of President,
income tax returns for the 3 most recent taxable years
for which a return has been filed as of the date of the
nomination.''.
(2) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears. | Presidential Tax Transparency Act This bill amends the Ethics in Government Act of 1978 to require the President and certain candidates for President to disclose federal income tax returns for the three most recent taxable years in reports filed with either the Office of Government Ethics (OGE) or the Federal Election Commission (FEC), in the case of a candidate. The OGE or the FEC must make the disclosed tax returns publicly available after making appropriate redactions. If the income tax returns are not disclosed as required by this bill, the OGE or the FEC must request the returns from the Internal Revenue Service (IRS). The bill amends the Internal Revenue Code to require the IRS, upon receiving a written request from the FEC or the OGE, to provide any income tax return that is required to be disclosed under this bill. The bill also establishes civil and criminal penalties for failing to file or falsifying income tax returns that are required to be disclosed pursuant to this bill. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aaron's Law Act of 2015''.
SEC. 2. CLARIFYING THAT ``ACCESS WITHOUT AUTHORIZATION'' UNDER SECTION
1030 OF TITLE 18, UNITED STATES CODE, MEANS CIRCUMVENTION
OF TECHNOLOGICAL BARRIERS IN ORDER TO GAIN UNAUTHORIZED
ACCESS.
(a) In General.--Section 1030(e)(6) of title 18, United States
Code, is amended by--
(1) striking ``exceeds authorized access'' and all that
follows; and
(2) inserting the following: ```access without
authorization' means--
``(A) to obtain information on a protected
computer;
``(B) that the accesser lacks authorization to
obtain; and
``(C) by knowingly circumventing one or more
technological or physical measures that are designed to
exclude or prevent unauthorized individuals from
obtaining that information;''.
(b) Conforming Amendment.--Section 1030 of title 18, United States
Code, is amended--
(1) in subsection (d)(10), by striking ``unauthorized
access, or exceeding authorized access, to a'' and inserting
``access without authorization of a protected''; and
(2) by striking ``exceeds authorized access'' each place it
appears.
SEC. 3. ELIMINATING REDUNDANCY.
(a) Repeal.--Section 1030(a) of title 18, United States Code, is
amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
(b) Conforming Amendments.--Section 1030 of title 18, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``(a)(6)'' each
place it appears and inserting ``(a)(5)'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``subsection (a)(4) or (a)(7)'' and inserting
``subsection (a)(6)''; and
(ii) in subparagraph (B), by striking
``subsection (a)(4), or (a)(7)'' and inserting
``subsection (a)(6)''; and
(C) in paragraph (4)--
(i) in subparagraph (A)(i), in the matter
preceding clause (i), by striking ``subsection
(a)(5)(B)'' and inserting ``subsection
(a)(4)(B)'';
(ii) in subparagraph (B)(i), by striking
``subsection (a)(5)(A)'' and inserting
``subsection (a)(4)(A)'';
(iii) in subparagraph (C)(i), by striking
``subsection (a)(5)'' and inserting
``subsection (a)(4)'';
(iv) in subparagraph (D)(i), by striking
``subsection (a)(5)(C)'' and inserting
``subsection (a)(4)(C)'';
(v) in subparagraph (E), by striking
``subsection (a)(5)(A)'' and inserting
``subsection (a)(4)(A)'';
(vi) in subparagraph (F), by striking
``subsection (a)(5)(A)'' and inserting
``subsection (a)(4)(A)''; and
(vii) in subparagraph (G)(i), by striking
``subsection (a)(5)'' and inserting
``subsection (a)(4)''; and
(2) in subsection (h), by striking ``subsection (a)(5)''
and inserting ``subsection (a)(4)''.
SEC. 4. MAKING PENALTIES PROPORTIONAL TO CRIMES.
(a) Section 1030(c)(2) of title 18, United States Code, is
amended--
(1) in subparagraph (A)--
(A) by striking ``conviction for another'' and
inserting ``subsequent''; and
(B) by inserting ``such'' after ``attempt to
commit'';
(2) in subparagraph (B)(i), by inserting after ``financial
gain'' the following: ``and the fair market value of the
information obtained exceeds $5,000'';
(3) in subparagraph (B)(ii), by striking ``the offense was
committed'' and all that follows through the semicolon, and
inserting the following: ``the offense was committed in
furtherance of any criminal act in violation of the
Constitution or laws of the United States or of any State
punishable by a term of imprisonment greater than one year,
unless such criminal acts are prohibited by this section or
such State violation would be based solely on accessing
information without authorization;'';
(4) in subparagraph (B)(iii), by inserting ``fair market''
before ``value''; and
(5) in subparagraph (C)--
(A) by striking ``conviction for another'' and
inserting ``subsequent''; and
(B) by inserting ``such'' after ``attempt to
commit''. | Aaron's Law Act of 2015 Amends provisions of the Computer Fraud and Abuse Act (CFAA) prohibiting computer fraud to replace the phrase "exceeds authorized access" with "access without authorization," which is defined as obtaining information on a protected computer that the accesser lacks authorization to obtain by knowingly circumventing one or more technological or physical measures that are designed to exclude or prevent unauthorized individuals from obtaining that information. Modifies CFAA penalty provisions to: (1) limit the imposition of enhanced penalties to subsequent offenses under such Act (currently, additional penalties are allowed if there is a conviction for another offense) and to criminal acts punishable under federal or state law by a term of imprisonment for more than one year; and (2) require the determination of the value of information for enhanced penalty purposes to be made by reference to fair market value. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Democracy Act of
2003''.
SEC. 2. REQUIRING VERIFICATION FOR VOTERS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)(2)) is amended by adding at the end the
following new subparagraph:
``(C) Voter verification.--
``(i) The voting system shall provide a
means by which each individual voter must be
able to verify his or her vote at the time the
vote is cast, and shall preserve each vote
within the polling place on the day of the
election in a manner that ensures the security
of the votes as verified for later use in any
audit.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
made by the system before the permanent record
is preserved for use in any audit.
``(iii) The verified vote produced under
this subparagraph shall be available as an
official record.
``(iv) Any method used to permit the
individual voter to verify his or her vote at
the time the vote is cast and before a
permanent record is created--
``(I) shall use the most accurate
technology, which may include voter-
verifiable paper ballots, votemeters,
modular voting architecture, and
encrypted votes, in a uniform and
nondiscriminatory manner;
``(II) shall guarantee voters with
disabilities and other affected voters
the ability to cast a vote in private,
consistent with paragraph (3)(A); and
``(III) shall guarantee voters
alternative language accessibility
under the requirements of section 203
of the Voting Rights Act of 1965 (42
U.S.C. 1973aa-1a), consistent with
paragraph (4).''.
SEC. 3. REQUIRING INCREASED SECURITY FOR VOTING SYSTEMS.
(a) Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C.
15481(a)) is amended by adding at the end the following new paragraph:
``(7) Increased security for voting systems.--
``(A) Voting system security requirement.--The
voting system shall adhere to security requirements for
Federal computer systems or more stringent requirements
adopted by the Election Assistance Commission after
receiving recommendations from the Technical Guidelines
Development Committee under sections 221 and 222. Such
requirements shall provide that no voting system shall
contain any wireless device. All software and hardware
used in any electronic voting system shall be certified
by laboratories accredited by the Commission as meeting
the requirements of this subsection.
``(B) Report to congress on security review.--The
Commission, in consultation with the National Institute
of Standards and Technology (NIST), shall report to
Congress not later than 6 months after the date of
enactment of the Protecting American Democracy Act of
2003 regarding a proposed security review and
certification process for all voting systems.
``(C) General accounting office report.--Not later
than 3 months after the date of enactment of the
Protecting American Democracy Act of 2003, the
Government Accounting Office, unless the Commission has
previously completed such report, shall issue a report
to Congress on the operational and management systems
that should be employed to safeguard the security of
voting systems, together with a schedule for how
quickly each such system should be implemented.
``(D) Provision of security consultation
services.--
``(i) In general.--On and after the date of
enactment of the Protecting American Democracy
Act of 2003, the National Institute of
Standards and Technology (NIST) shall provide
security consultation services to State and
local jurisdictions.
``(ii) Authorization.--To carry out the
purposes of this subparagraph, $2,000,0000 is
authorized for each of fiscal years 2004
through 2006.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the enactment of the Help America Vote Act of 2002. | Protecting American Democracy Act of 2003 - Amends the Help America Vote Act of 2002 to require voter verification and improved security for voting systems. | billsum_train |
Make a brief summary of the following text: SECTION 1. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 83
the following new section:
``SEC. 83A. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES.
``(a) In General.--If an employee elects to have this section apply
with respect to any qualified employee stock distribution, gross income
shall not include--
``(1) so many shares of employer securities received by an
individual in a qualified employee stock distribution of such
individual's employer as does not exceed the maximum stock
amount,
``(2) any gain on employer securities excluded from gross
income under paragraph (1) if such employer security is held by
such individual for not less than 10 years, and
``(3) in the case of any qualified disposition of an
employer security which is described in paragraph (2) (and
which meets the holding requirement of such paragraph), any
gain on so much stock acquired during the 60-day period
beginning on the date of such disposition as does not exceed
the fair market value of the employer security so disposed
(determined as of the time of disposition).
``(b) Definitions.--For purposes of this section--
``(1) Employer securities.--The term `employer securities'
has the meaning given such term in section 409(l), except that
paragraph (3) thereof shall be applied by substituting `the
date of the qualified employee stock distribution' for `the
date of the acquisition by the tax credit employee stock
ownership plan'.
``(2) Qualified employee stock distribution.--The term
`qualified employee stock distribution' means a distribution by
an employer of employer securities to employees (determined as
of the date of the distribution) of such employer as
compensation for services, except that there may be disregarded
any employee who (as of the date of the distribution)--
``(A) has a not attained age 18,
``(B) has not completed 12 months of service with
the employer,
``(C) is a nonresident alien,
``(D) is a citizen or resident of a foreign
jurisdiction (including any individual who is also a
citizen or resident of the United States) if the
distribution to such individual is prohibited under th
laws of such foreign jurisdiction,
``(E) holds 10 percent or more of the outstanding
stock of the employer, or
``(F) is an employee whose compensation from the
employer is subject to disclosure under rules
promulgated by the Securities and Exchange Commission.
``(3) Maximum stock amount.--The term `maximum stock
amount' means, with respect to any distribution, the lowest
number of employer securities received by any employee of the
employer in such distribution.
``(4) Qualified disposition.--
``(A) In general.--The term `qualified disposition'
means, with respect to the disposition of any employer
security described in paragraph (2) of subsection (a)
(and which meets the holding requirement of such
paragraph) during any calendar year, the disposition of
a number of shares of such security not in excess of
the excess of--
``(i) the applicable percentage of the
aggregate number of shares of such security
received during the calendar year that such
security was received, over
``(ii) the aggregate number of shares of
such security taken into account under this
subparagraph for all prior calendar years.
``(B) Applicable percentage.--For purposes of
clause (i), the applicable percentage is, with respect
to any calendar year following the calendar year in
which such security was received, the percentage
determined in accordance with the following table:
The applicable
``In the case of: percentage is:
The first through tenth such calendar years.. 0 percent
The eleventh such calendar year.............. 10 percent
The twelfth such calendar year............... 20 percent
The thirteenth such calendar year............ 30 percent
The fourteenth such calendar year............ 40 percent
The fifteenth such calendar year............. 50 percent
The sixteenth such calendar year............. 60 percent
The seventeenth such calendar year........... 70 percent
The eighteenth such calendar year............ 80 percent
The nineteenth such calendar year............ 90 percent
Any subsequent calendar year................. 100 percent.
``(c) Employment Taxes.--Amounts excluded from gross income under
subsection (a)(1) shall not be taken into account as wages for purposes
of chapters 21, 22, 23, 23A, and 24.
``(d) Coordination With Section 83.--In the case of a transfer of
employer securities to which subsection (a)(1) applies--
``(1) In general.--Section 83 shall not apply.
``(2) Deduction by employer.--There shall be allowed as a
deduction under section 162, to the person for whom were
performed the services in connection with which such securities
were transferred, an amount equal to the fair market value of
such securities (determined as of the time of such transfer).
Such deduction shall be allowed for the taxable year which
includes the date of such transfer.
``(e) Recapture if Stock Disposed During Required Holding Period.--
If an amount is excluded from gross income under subsection (a)(1) with
respect to any employer security and the individual disposes of such
security at any time during the 5-year period beginning on the date
that such individual received such security--
``(1) the gross income of such individual for the taxable
year which includes the date of such disposition shall be
increased by the amount so excluded, and
``(2) the tax imposed by this chapter for such taxable year
shall be increased by the sum of the amounts of tax which would
have been imposed under subchapters A and B of chapters 21 and
22 if subsection (c) had not applied with respect to such
amount.
For purposes of this title and the Social Security Act, any increase in
tax under paragraph (2) shall be treated as imposed under the provision
of chapter 21 or 22 with respect to which such increase relates.
``(f) Basis of Stock Equal to Fair Market Value at Time of
Transfer.--Notwithstanding section 1012, in the case of a transfer of
employer securities to which subsection (a)(1) applies, the basis of
such securities in the hands of the transferee immediately after such
transfer shall be equal to the fair market value of such securities
(determined as of the time of such transfer).
``(g) Aggregation Rule.--Two or more persons who are treated as a
single employer under subsection (b), (c), (m), or (o) of section 414
shall be treated as a single employer for purposes of this section.
``(h) Election.--The election under subsection (a) shall be made at
such time and in such manner as the Secretary may prescribe. Once made,
such election may be revoked only with the consent of the Secretary.
``(i) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary or appropriate to carry out this
section, including regulations or other guidance which--
``(1) provide for the application of this section to stock
options,
``(2) provide mechanisms by which to satisfy the
requirements of this section in the event that an employee is
inadvertently excluded from a distribution of employer
securities (including a case where a service provider is
treated as not an employee by the employer, but is determined
to be an employee), and
``(3) require such reporting under sections 6045 and 6051
with respect to transfers of stock to which subsection (a)
applies as the Secretary determines to be necessary or
appropriate to carry out this section.''.
(b) Clerical Amendment.--The table of section for such part is
amended by inserting after the item relating to section 83 the
following new item:
``Sec. 83A. Qualified stock distributions to employees.''.
(c) Effective Date.--The amendments made by this section shall
apply to stock received by employees after the date of the enactment of
this Act. | Amends the Internal Revenue Code to exclude from the gross income of an employee: (1) shares of employer securities received in a qualified employee stock distribution as compensation for services that do not exceed the lowest number of employer securities received by any employee in such distribution; (2) any gain on such securities if held by an employee for not less than 10 years; and (3) in the case of any qualified disposition of an employer security that meets such 10-year holding requirement, any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the employer security so disposed.
Allows employers a tax deduction for the fair market value of securities transferred in a stock distribution. Requires an employee to recapture in gross income the amount of employer securities excluded from gross income if such securities are disposed of within five years after receipt. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Main Street Revitalization Act of
2010''.
SEC. 2. 10-YEAR CARRYBACK OF OPERATING LOSSES OF SMALL BUSINESSES.
(a) In General.--Section 172(b)(1) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(I) Carryback for 2010 and 2011 net operating
losses of small businesses.--
``(i) In general.--If a small business (as
defined in subparagraph (F)(iii) determined by
applying such subparagraph for a 10-taxable
year period) elects the application of this
subparagraph with respect to an applicable 2010
or 2011 net operating loss--
``(I) subparagraph (A)(i) shall be
applied by substituting any whole
number elected by the taxpayer which is
more than 2 and less than 11 for `2',
``(II) subparagraph (E)(ii) shall
be applied by substituting the whole
number which is one less than the whole
number substituted under subclause (I)
for `2', and
``(III) subparagraph (F) shall not
apply.
``(ii) Applicable 2010 or 2011 net
operating loss.--For purposes of this
subparagraph, the term `applicable 2010 or 2011
net operating loss' means--
``(I) the taxpayer's net operating
loss for any taxable year ending in
2010 or 2011, or
``(II) if the taxpayer elects to
have this subclause apply in lieu of
subclause (I), the taxpayer's net
operating loss for any taxable year
beginning in 2010 or 2011.
``(iii) Election.--Any election under this
subparagraph shall be made in such manner as
may be prescribed by the Secretary, and shall
be made by the due date (including extension of
time) for filing the taxpayer's return for the
taxable year of the net operating loss. Any
such election, once made, shall be irrevocable.
Any election under this subparagraph may be
made only with respect to 2 taxable years.''.
(b) Anti-Abuse Rules.--The Secretary of Treasury or the Secretary's
designee shall prescribe such rules as are necessary to prevent the
abuse of the purposes of the amendments made by this section, including
anti-stuffing rules, anti-churning rules (including rules relating to
sale-leasebacks), and rules similar to the rules under section 1091 of
the Internal Revenue Code of 1986 relating to losses from wash sales.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
net operating losses arising in taxable years ending after
December 31, 2009.
(2) Transitional rule.--In the case of a net operating loss
for a taxable year ending before the date of the enactment of
this Act--
(A) any election made under section 172(b)(3) of
the Internal Revenue Code of 1986 with respect to such
loss may (notwithstanding such section) be revoked
before the applicable date, and
(B) any application under section 6411(a) of such
Code with respect to such loss shall be treated as
timely filed if filed before the applicable date.
For purposes of this paragraph, the term ``applicable date''
means the date which is 60 days after the date of the enactment
of this Act.
SEC. 3. PERMANENT INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN
DEPRECIABLE BUSINESS ASSETS; EXPENSING OF CERTAIN REAL
PROPERTY.
(a) In General.--Subsection (b) of section 179 of the Internal
Revenue Code of 1986 (relating to limitations) is amended--
(1) by striking ``$25,000'' and all that follows in
paragraph (1) and inserting ``$250,000.'',
(2) by striking ``$200,000'' and all that follows in
paragraph (2) and inserting ``$800,000'',
(3) by striking ``after 2007 and before 2011, the $120,000
and $500,000'' in paragraph (5)(A) and inserting ``after 2010,
the $250,000 and the $800,000'',
(4) by striking ``2006'' in paragraph (5)(A)(ii) and
inserting ``2009'', and
(5) by striking paragraph (7).
(b) Permanent Expensing of Computer Software; Expensing for Certain
Real Property.--Paragraph (1) of section 179(d) of the Internal Revenue
Code of 1986 (defining section 179 property) is amended to read as
follows:
``(1) Section 179 property.--For purposes of this section,
the term `section 179 property' means property acquired by
purchase for use in the active conduct of a trade or business--
``(A) which--
``(i) is--
``(I) tangible property (to which
section 168 applies), or
``(II) computer software (as
defined in section 197(e)(3)(B)) which
is described in section
197(e)(3)(A)(i), to which section 167
applies, and which is placed in service
in a taxable year beginning after 2002,
and
``(ii) is section 1245 property (as defined
in section 1245(a)(3)), or
``(B) which is section 1250 property (as defined by
section 1250(c)).
Such term shall not include any property described in section
50(b) and shall not include air conditioning or heating
units.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP
EXPENDITURES.
(a) In General.--Subsection (b) of section 195 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Special rule for taxable years beginning in 2010,
2011, or 2012.--In the case of a taxable year beginning in
2010, 2011, or 2012, paragraph (1)(A)(ii) shall be applied by
substituting `$20,000' for `$5,000'.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2009. | Main Street Revitalization Act of 2010 - Amends the Internal Revenue Code to: (1) allow small businesses to elect a 10-year carryback of net operation losses incurred in 2010 and 2011; (2) make permanent the increased ($250,000) expensing allowance for depreciable business assets; (3) expand the types of assets eligible for expensing; and (4) increase the tax deduction for business start-up expenditures. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Adversarial Process in the
FISA Court Act''.
SEC. 2. PUBLIC INTEREST ADVOCATES FOR PROCEEDINGS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Appointment by Privacy and Civil Liberties Oversight Board.--
(1) In general.--Section 1061(d) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(d)) is
amended by adding at the end the following new paragraph:
``(5) Appointment of public interest advocates.--
``(A) Appointment.--The Board shall appoint
attorneys to serve as public interest advocates in
proceedings before the Foreign Intelligence
Surveillance Court, a judge of the petition review
pool, the Foreign Intelligence Surveillance Court of
Review, and the Supreme Court under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.).
``(B) Requirements.--In making appointments under
subparagraph (A), the Board shall--
``(i) consult with the Attorney General;
``(ii) appoint attorneys with expertise and
experience in cases involving privacy and civil
liberties who are not employees of the Federal
Government;
``(iii) consider candidates with
demonstrated expertise in and commitment to
constitutional and legal protections for
privacy and civil liberties;
``(iv) consider the availability of
candidates to appear before the Foreign
Intelligence Surveillance Court, a judge of the
petition review pool, the Foreign Intelligence
Surveillance Court of Review, or the Supreme
Court in urgent matters;
``(v) consider the ability of candidates to
obtain and maintain an appropriate security
clearance to participate fully in matters
before the Foreign Intelligence Surveillance
Court, a judge of the petition review pool, the
Foreign Intelligence Surveillance Court of
Review, and the Supreme Court under the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.); and
``(vi) provide notice to the Attorney
General and the presiding judge of the Foreign
Intelligence Surveillance Court of all
appointments under subparagraph (A).
``(C) Duties.--Attorneys appointed under
subparagraph (A) shall carry out the duties of the
public interest advocate as described in subsection (i)
of section 103 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803).
``(D) Technical experts.--
``(i) Appointment.--The Board shall appoint
technical and subject-matter experts, not
employed by the Federal Government, to be
available to assist public interest advocates
in performing the duties of such advocates
under this paragraph.
``(ii) Qualifications.--In making
appointments under clause (i), the Board shall
consider individuals with expertise in
technical issues likely to arise in cases
relating to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), including computer networks,
telecommunications, encryption, and
cybersecurity.
``(E) Compensation.--The Attorney General shall,
from funds made available to the Department of Justice,
compensate each attorney appointed under subparagraph
(A) at the daily equivalent of the annual rate of basic
pay for level III of the Executive Schedule for each
day (including travel time) during which such attorney
is engaged in the actual performance of duties under
subsection (i) of section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803).
``(F) Travel expenses.--The Attorney General shall,
from funds made available to the Department of Justice,
provide each attorney appointed under subparagraph (A)
with travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
``(G) Security clearances.--The President shall
ensure that attorneys appointed under subparagraph (A)
and technical and subject-matter experts appointed
under subparagraph (D)(i) are expeditiously provided
appropriate security clearances to carry out the duties
of the attorneys to the extent possible under the
appropriate procedures and requirements and provided
that such attorneys meet the criteria for receiving
such security clearances.
``(H) Definitions.--In this paragraph:
``(i) Foreign intelligence surveillance
court.--The term `Foreign Intelligence
Surveillance Court' means the court established
under section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1803(a)).
``(ii) Foreign intelligence surveillance
court of review.--The term `Foreign
Intelligence Surveillance Court of Review'
means the court established under section
103(b) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803(b)).
``(iii) Petition review pool.--The term
`petition review pool' means the petition
review pool established under section 103(e) of
the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803(e)).''.
(2) Initial appointment.--Not later than 180 days after the
date of the enactment of this Act, the Privacy and Civil
Liberties Oversight Board shall appoint at least one attorney
to serve as a public interest advocate under paragraph (5) of
section 1061(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(d)), as added by
subsection (a) of this section.
(b) Appointment by Foreign Intelligence Surveillance Court.--
Section 103 of the Foreign Intelligence Surveillance Court of 1978 (50
U.S.C. 1803) is amended by adding at the end the following new
subsection:
``(i)(1) In any matter before a covered court involving a
significant interpretation or construction of a provision of this Act,
including any novel legal, factual, or technological issue or an issue
relating to the Fourth Amendment to the Constitution of the United
States, the court shall appoint one or more public interest advocates
appointed under paragraph (5) of section 1061(d) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(d)) to
represent the privacy and civil liberties interests of the people of
the United States in the matter before the court.
``(2) A court that appoints a public interest advocate for a matter
before the court under paragraph (1) shall--
``(A) provide notice to the Attorney General and the
Privacy and Civil Liberties Oversight Board of the appointment;
and
``(B) provide the Privacy and Civil Liberties Oversight
Board with a summary of the issues in such matter that
warranted such appointment.
``(3) A public interest advocate appointed under paragraph (1)--
``(A) shall participate fully in the matter before the
court for which such public interest advocate was appointed
with the same rights and privileges as the Federal Government;
``(B) shall represent the interests of the people of the
United States in preserving privacy and civil liberties in such
matter, including with respect to the impact of such matter on
the rights of the people of the United States under the Fourth
Amendment to the Constitution of the United States;
``(C) shall have access to all relevant evidence in such
matter and may petition the court to order the Federal
Government to produce documents, materials, or other evidence
necessary to perform the duties of the public interest
advocate;
``(D) may file timely motions and briefs, in accordance
with the procedures of the court, and shall be given the
opportunity by the court to respond to motions or filings made
by the Federal Government in accordance with such procedures;
and
``(E) may request a rehearing or en banc consideration of a
decision of the court.
``(4)(A) In matters before the court established under subsection
(a) in which a public interest advocate has been appointed and the
court believes the case involves a question of law in which there is
substantial ground for difference of opinion, the court may by
certification at any time, including following the rendering of a final
judgment, request review by the court established under subsection (b).
``(B) In matters before the court established under subsection (b)
in which a public interest advocate has been appointed and the court
believes the case involves a question of law in which there is
substantial ground for difference of opinion, the court may by
certification at any time, including following the rendering of a final
judgment, request review by the Supreme Court.
``(C) In any matter in which a court makes a certification for
review of any ruling or question of law as provided in subparagraph (A)
and (B), the United States and the public interest advocate shall be
given opportunity to provide written briefs or arguments related to the
decision by the court established under subsection (b) or the Supreme
Court to review a ruling.
``(5) A covered court may, sua sponte and upon a finding that the
court would benefit from additional views, permit and facilitate
participation by amicus curiae, including participation in oral
argument if appropriate, in proceedings before such court. Such court
may issue appropriate orders to facilitate the participation of amicus
curiae.
``(6) The Attorney General shall ensure that each public interest
advocate appointed under paragraph (1) for a matter before a covered
court has access to office space and materials necessary to fully
participate in such matter, including, as necessary, access to
appropriately secured computers, communication devices, and facilities.
``(7) In this subsection, the term `covered court' means the court
established under subsection (a), the court established under
subsection (b), a judge of the petition review pool established under
subsection (e), or the Supreme Court.''. | Ensuring Adversarial Process in the FISA Court Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require the Privacy and Civil Liberties Oversight Board (an independent agency that reviews executive branch actions taken to protect the nation from terrorism in order to ensure a balance with privacy and civil liberties) to appoint: (1) attorneys to serve as public interest advocates in proceedings before the Foreign Intelligence Surveillance Court (FISC), a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review (FISCR), and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 (FISA); and (2) technical and subject-matter experts (including experts of computer networks, telecommunications, encryption, and cybersecurity), not employed by the federal government, to be available to assist such advocates in performing their duties. Requires such courts, in any matter involving a significant interpretation or construction of FISA, to appoint at least one public interest advocate who will: (1) participate fully with the same rights and privileges as the federal government; (2) represent the interests of the people of the United States in preserving privacy and civil liberties, including with respect to rights under the Fourth Amendment to the Constitution; and (3) have access to all relevant evidence as well as the authority to petition the court to order the government to produce other necessary evidence. Authorizes such advocates to file motions and briefs, respond to motions or filings made by the federal government, and request rehearings or en banc consideration of a decision. Permits the FISC to request review by the FISCR, and permits the FISCR to request review by the Supreme Court, when matters before such courts in which a public interest advocate has been appointed involve a question of law in which there is substantial ground for difference of opinion. Requires the United States and the public interest advocate, when a court has requested such a review, to be given an opportunity to provide written briefs or arguments related to a decision by the FISCR or the Supreme Court to review a ruling. Allows each relevant court, upon a finding that it would benefit from additional views, to permit participation by amicus curiae. | billsum_train |
Condense the following text into a summary: SECTION 1. CONVEYANCE OF LAND COMPRISING SUBTROPICAL HORTICULTURE
RESEARCH STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Miami-Dade County in
the State of Florida.
(2) Property.--The term ``Property'' means approximately 2
acres, more or less, of the federally owned land comprising the
Subtropical Horticulture Research Station in the County,
which--
(A) has been mutually delineated by the Secretary
and the authorized representative of the County; and
(B) fronts on SW 67th Avenue in Palmetto Bay,
Florida.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Property Conveyance.--
(1) In general.--Not later than 120 days after the date on
which the County deposits the consideration under paragraph (2)
and cost reimbursement provided in this section with the
Department of Agriculture, the Secretary shall convey and
quitclaim to the County, all rights, title, and interests of
the United States in the Property, subject to easements and
rights of record and such other reservations, terms, and
conditions as the Secretary may prescribe.
(2) Consideration.--
(A) In general.--As consideration for the
conveyance of the Property, the County shall pay to the
Secretary an amount in cash equal to the market value
of the property.
(B) Appraisal.--To determine the market value of
the Property, the Secretary shall have the Property
appraised for the highest and best use of the Property
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions developed by the Interagency
Land Acquisition Conference. The approved appraisal
shall at all times be the property of the United
States.
(3) Corrections.--With the agreement of the County, the
Secretary may make minor corrections or modifications to the
legal description of the Property.
(4) Costs.--
(A) Transaction costs.--Except as provided in
subparagraph (C), the County shall, at closing for the
conveyance of the Property under this section, pay or
reimburse the Secretary, as appropriate, for the
reasonable transaction and administrative personnel
costs associated with the conveyance authorized by this
section, including the transaction costs of appraisal,
title, hazardous substances examination, and closing
costs.
(B) Administrative costs.--In addition to
transaction costs under subparagraph (A), the County
shall pay administrative costs in the liquidated amount
of $50,000.
(C) Attorneys' fees.--The County and the Secretary
shall each bear their own attorneys' fees.
(5) Survey.--The County shall, at its cost, survey the
exterior boundaries of the Subtropical Horticulture Research
Station and the Property in accordance with Federal survey
standards and to the satisfaction of the Secretary, and shall
provide to the Secretary certified originals with signature and
raised seal.
(6) Release.--The County, by a recordable instrument that
the Secretary determines is satisfactory, shall release the
Department of Agriculture from the instrument dated September
8, 2006, titled ``Unity of Title''.
(7) Security fencing.--On or before closing for the
conveyance of the Property under this section, the County
shall, at its cost, contract for the construction of a security
fence located on the boundary between the Property and the
adjacent land administered by the Secretary. The fence shall be
of materials and standards approved in advance by the
Secretary. The Secretary may approve temporary security
structures for use during construction phases of the fence.
(8) Other terms.--The Secretary and the County may
otherwise effect the purpose of this section on such additional
terms as are mutually acceptable and which are not inconsistent
with the provisions of this section.
(c) Receipts.--
(1) In general.--The Secretary shall deposit all funds
received from the conveyance authorized under this section,
including the market value consideration and the reimbursement
for costs, into the Treasury of the United States to be
credited to the appropriation for the Agricultural Research
Service.
(2) Use of funds.--Notwithstanding any limitation in
applicable appropriation Acts for the Department of Agriculture
or the Agricultural Research Service, all funds deposited into
the Treasury pursuant to subsection (b) shall be available to
the Secretary until expended, without further appropriation,
for the operation, upkeep, and maintenance of the Subtropical
Horticulture Research Station. | Directs the Secretary of Agriculture (USDA) to convey to Miami-Dade County, Florida, federally owned land comprising the Subtropical Horticulture Research Station in Miami-Dade County, Florida. Directs the County to pay specified costs. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Responsibility in Food
Consumption Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to allow Congress, State legislatures,
and regulatory agencies to determine appropriate laws, rules, and
regulations to address the problems of weight gain, obesity, and health
conditions associated with weight gain or obesity.
SEC. 3. PRESERVATION OF SEPARATION OF POWERS.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought
or is currently pending.
(c) Discovery.--
(1) Stay.--In any action of the type described in clause
(i) or (ii) of section 4(5)(B), all discovery and other
proceedings shall be stayed during the pendency of any motion
to dismiss unless the court finds upon motion of any party that
particularized discovery is necessary to preserve evidence or
to prevent undue prejudice to that party.
(2) Responsibility of parties.--During the pendency of any
stay of discovery under paragraph (1), unless otherwise ordered
by the court, any party to the action with actual notice of the
allegations contained in the complaint shall treat all
documents, data compilations (including electronically recorded
or stored data), and tangible objects that are in the custody
or control of such person and that are relevant to the
allegations, as if they were the subject of a continuing
request for production of documents from an opposing party
under applicable Federal or State rules of civil procedure, as
the case may be. A party aggrieved by the willful failure of an
opposing party to comply with this paragraph may apply to the
court for an order awarding appropriate sanctions.
(d) Pleadings.--In any action of the type described in section
4(5)(B)(i), the complaint initiating such action shall state with
particularity the Federal and State statutes that were allegedly
violated and the facts that are alleged to have proximately caused the
injury claimed.
SEC. 4. DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' means a person who manufactures, markets,
distributes, advertises, or sells a qualified product in the
person's regular course of trade or business.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is lawfully
engaged in the business of manufacturing the product in
interstate or foreign commerce.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product''
means a food (as defined in section 201(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(f))).
(5) Qualified civil liability action.--(A) Subject to
subparagraphs (B) and (C), the term ``qualified civil liability
action'' means a civil action brought by any person against a
manufacturer or seller of a qualified product, or a trade
association, for damages, penalties, declaratory judgment,
injunctive or declaratory relief, restitution, or other relief
arising out of, related to, or resulting in injury or potential
injury resulting from a person's consumption of a qualified
product and weight gain, obesity, or any health condition that
is associated with a person's weight gain or obesity, including
an action brought by a person other than the person on whose
weight gain, obesity, or health condition the action is based,
and any derivative action brought by or on behalf of any person
or any representative, spouse, parent, child, or other relative
of any person.
(B) Such term shall not include--
(i) an action in which a manufacturer or seller of
a qualified product knowingly and willfully violated a
Federal or State statute applicable to the
manufacturing, marketing, distribution, advertisement,
labeling, or sale of the product, and the violation was
a proximate cause of injury related to a person's
weight gain, obesity, or any health condition
associated with a person's weight gain or obesity; or
(ii) an action for breach of express contract or
express warranty in connection with the purchase of a
qualified product.
(C) Such term shall not be construed to include an action
brought under the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) or the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.).
(6) Seller.--The term ``seller'' means, with respect to a
qualified product, a person lawfully engaged in the business of
marketing, distributing, advertising, or selling a qualified
product in interstate or foreign commerce.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) that is not operated
for profit, and 2 or more members of which are manufacturers,
mar-
keters, distributors, advertisers, or sellers of a qualified
product.
Passed the House of Representatives March 10, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act.
Requires: (1) a stay of discovery during the pendency of a motion to dismiss an action described in clause 1 or 2 above, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action described in clause 1 above to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Reno Mineral Leasing Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the University of Oklahoma.
(2) Fort reno historic district.--The term ``Fort Reno
Historic District'' means the former military installation at
El Reno, Oklahoma, as depicted on the map, that--
(A) includes land and facilities listed on the
National Register of Historic Places in June 1970; and
(B) is administered by the Secretary as part of the
Fort Reno Management Area.
(3) Fort reno management area.--The term ``Fort Reno
Management Area'' means the approximately 6,737 acres of
Federal land, including Fort Reno and the Park, as depicted on
the map.
(4) Fund.--The term ``Fund'' means the Fort Reno Management
Fund established by section 4(a).
(5) Map.--The term ``map'' means the map entitled ``Fort
Reno Management Area'' and dated September 2005.
(6) Park.--The term ``Park'' means the approximately 24.3
acres of land in the State of Oklahoma known as the ``Fort Reno
Science Park'', as generally depicted on the map.
(7) Park instrument.--
(A) In general.--The term ``Park instrument'' means
an instrument covering an agreement between the
Department of Agriculture and the Board of Regents
relating to the use of the Park.
(B) Inclusions.--The term ``Park instrument''
includes--
(i) the master memorandum of understanding,
dated August 19, 1998;
(ii) the supplements numbered 1 and 2,
dated January 19, 1999;
(iii) the easement, dated January 19, 1999;
(iv) the amended easement deed, dated
February 24, 2004;
(v) a special warranty deed, dated May 29,
2001; and
(vi) a memorandum of agreement, dated
February 24, 2004.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FORT RENO MANAGEMENT AREA.
(a) Authorization by Congress Required for Declaration as Excess or
Surplus Property or Conveyance.--Notwithstanding any other provision of
law, the Fort Reno Management Area, without specific authorization by
Congress, shall not, in whole or part--
(1) be declared to be excess or surplus Federal property
under subtitle I of title 40, United States Code;
(2) be conveyed; or
(3) be transferred to the administrative jurisdiction of
any other Federal agency.
(b) Mineral Leasing.--
(1) In general.--Notwithstanding the provisions of the
first section of the Mineral Leasing Act of 1920 (30 U.S.C.
181) excluding Federal land in incorporated cities from mineral
leasing, the Secretary may provide for mineral leasing at the
Fort Reno Management Area in accordance with that Act, subject
to such terms and conditions as the Secretary of Agriculture
determines to be appropriate to preserve and protect historic
properties and ongoing and prospective research activities.
(2) Environmental analyses.--After the date of enactment of
this Act, no further administrative or environmental analyses
shall be required for the leasing and development of minerals
at the Fort Reno Management Area.
(c) Availability of Map.--The map shall be on file and available
for public inspection in--
(1) the office of the Administrator of the Agricultural
Research Center; and
(2) the office of the Director of the Grazinglands Research
Laboratory in El Reno, Oklahoma.
(d) Effect.--Nothing in this section precludes the Secretary of
Agriculture from granting utilities or access easements for, or issuing
temporary permits for the use of, the Fort Reno Management Area.
SEC. 4. FORT RENO MANAGEMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the ``Fort Reno
Management Fund'', consisting of--
(1) such amounts as are appropriated to the Fund under
subsection (b);
(2) such amounts as are deposited under section 6(b)(1)(B);
and
(3) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) Transfers to Fund.--Notwithstanding section 35 of the Mineral
Leasing Act (30 U.S.C. 191), there are appropriated to the Fund amounts
equivalent to amounts received in the Treasury as proceeds from the
leasing of mineral resources at the Fort Reno Management Area under
section 3(b).
(c) Expenditures From Fund.--
(1) In general.--On request by the Secretary of
Agriculture, the Secretary of the Treasury shall transfer from
the Fund to the Administrator of the Agricultural Research
Service--
(A) such amounts as the Administrator determines
are necessary, but not more than a total of
$22,000,000, to provide, with respect to the Fort Reno
Historic District--
(i) the restoration, maintenance, and
management of historic buildings and
facilities;
(ii) the interpretation, education, and
visitor services and related activities in
connection with historic buildings and
facilities;
(iii) the provision and maintenance of
facilities for utilities, waste management,
streets, visitor parking, and other
improvements necessary or desirable for
providing public and administrative services;
and
(iv) to reimburse the Secretary for the
costs of administering a mineral leasing
program for the Fort Reno Management Area under
section 3(b).
(B) not more than $250,000 for each fiscal year, as
adjusted under paragraph (4), to be deposited in a
repair and maintenance fund established by the
Secretary of Agriculture for the Fort Reno Historic
District.
(2) Reduction of national debt.--Any amounts remaining in
the Fund after the transfers are made under subparagraphs (A)
and (B) of paragraph (1) shall be used to reduce the debt of
the United States.
(3) Consultation.--In making expenditures from the Fund
under clauses (i), (ii), and (iii) of paragraph (1)(A), the
Administrator of the Agricultural Research Service shall
consult with--
(A) Historic Fort Reno, Inc., (or any successors or
assigns); and
(B) the Oklahoma State Historic Preservation
Officer.
(4) Inflation adjustment.--For each fiscal year, the amount
specified in paragraph (1)(B) shall be increased by 4 percent.
(d) Investment of Amounts.--
(1) 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.
(2) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(5) 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.
(e) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
SEC. 5. RATIFICATION OF FORT RENO SCIENCE PARK INSTRUMENT.
(a) In General.--The Park instrument is ratified.
(b) Amendments.--The Park instrument may only be amended or revoked
if the parties to the Park instrument agree to the amendment or
revocation.
SEC. 6. LEASING AUTHORITY.
(a) In General.--The Secretary of Agriculture may--
(1) lease to any person or entity any property at the Fort
Reno Management Area, subject to any terms and conditions that
the Secretary of Agriculture determines to be in the public
interest;
(2)(A) if the Board of Regents agrees to the conversion,
convert to a lease, for no additional consideration, the
easements to the Park referred to in section 2(5)(B); and
(B) extend the lease converted under subparagraph (A),
subject to any terms and conditions that the Secretary of
Agriculture and the Board of Regents agree to, including terms
and conditions that provide that--
(i) the initial term of the lease shall expire on
February 3, 2049; and
(ii) the lease may be renewable for additional 20-
year terms.
(b) Special Terms and Conditions.--
(1) Consideration.--
(A) In general.--Subject to any terms and
conditions that the parties to the lease agree to,
consideration for a lease under subsection (a)(1) may
be in the form of--
(i) conveyance to the Secretary of
Agriculture of title to any non-Federal
structures of, or improvements to, the Fort
Reno Management Area;
(ii) repairs or renovations to structures
of, or improvements to, the Fort Reno
Management Area, that are conducted before or
after the lease is entered into;
(iii) cash; or
(iv) a combination of any of the forms of
consideration described in clauses (i) through
(iii).
(B) Disposition in fund.--Any amount received as
consideration for a lease under subparagraph (A) shall
be deposited in the Fund.
(2) Term.--
(A) In general.--Except as provided in subsection
(a)(2)(B) and subparagraph (B), the term of any lease
shall be for not more than 20 years.
(B) Renewal.--Notwithstanding subparagraph (A), a
lease may be renewed at the option of the parties,
subject to any terms and conditions that--
(i) the Secretary of Agriculture determines
to be in the public interest; and
(ii) are agreed to by the parties to the
lease.
SEC. 7. EFFECT.
(a) In General.--Nothing in this Act limits or modifies the
authority of the Secretary of Agriculture--
(1) to conduct research activities at the Fort Reno
Management Area; or
(2) to manage the Federal land under the jurisdiction of
the Secretary of Agriculture for research purposes.
(b) Grazinglands Research Laboratory.--Designation of the Federal
land at El Reno, Oklahoma, as the Fort Reno Management Area does not
affect the name or operations of the Grazinglands Research Laboratory. | Fort Reno Mineral Leasing Act - Requires a specific authorization by Congress as prerequisite to the Fort Reno Management Area being: (1) declared to be excess or surplus federal property; (2) conveyed; or (3) transferred to the administrative jurisdiction of any other federal agency.
Authorizes the Secretary of the Interior to provide for mineral leasing at the Fort Reno Management Area.
States that no further administrative or environmental analyses shall be required for the leasing and development of minerals at the Fort Reno Management Area after enactment of this Act.
Establishes the Fort Reno Management Fund as a revolving fund in the Treasury. Transfers to it proceeds received in the Treasury from the leasing of mineral resources at the Fort Reno Management Area.
Requires the Administrator of the Agricultural Research Service, when making expenditures from the Fund, to consult with the Historic Fort Reno, Inc., and the Oklahoma State Historic Preservation Officer.
Ratifies the Fort Reno Science Park Instrument.
Sets forth the leasing authority of the Secretary of Agriculture with regard to the Area, including lease conversion and extension. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heart Disease Education, Analysis,
and Research, and Treatment for Women Act'' or the ``HEART for Women
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Heart disease, stroke, and other cardiovascular
diseases are the leading cause of death among women.
(2) Despite being the number 1 killer, only 13 percent of
women are aware that cardiovascular diseases, including heart
disease and stroke, are their greatest health risk.
(3) Many minority women, including African American,
Hispanic, and Native American women, are at a higher risk of
death from heart disease, stroke, and other cardiovascular
diseases, but they are less likely to know of this risk.
(4) There is a pervasive lack of awareness among health
care providers that cardiovascular disease is the leading
killer of women.
(5) Women are less likely than men to receive certain
treatments for cardiovascular diseases, perhaps due to lack of
awareness and the presence of different symptoms in women than
in men.
(6) Women tend to experience later onset of heart disease
than men, and therefore more often suffer from multiple
conditions that mask symptoms of heart disease and complicate
treatment.
(7) Certain diagnostic tests for cardiovascular disease may
be less accurate in women than men.
(8) Drug effectiveness and metabolism differ in women and
men, impacting successful treatment of cardiovascular disease.
(9) In addition, stroke kills 2.3 times as many females as
does breast cancer. Nearly 61 percent of stroke-related deaths
occur in females. Studies have found gender differences in the
effects, diagnosis, and treatment of stroke. For instance--
(A) stroke severity is greater in women than in
men;
(B) women often receive fewer diagnostic tests and
intervention procedures than men; and
(C) strokes present treatment issues unique to
women.
SEC. 3. REPORTING OF GENDER DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS,
AND DEVICES.
(a) New Drug Applications.--Section 505(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the
end the following:
``(5)(A) Notwithstanding any other provision of this Act, the
applicant shall include in any submission to the Secretary pursuant to
this subsection, to the extent appropriate, information stratified by
gender, race and ethnicity, including any differences in safety and
effectiveness.
``(B) The Secretary shall withhold approval of an application if
the applicant fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards to ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under subparagraph (A).
``(D) Upon the approval under this subsection of an application for
a drug, the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such drug
stratified by gender, race, and ethnicity.''.
(b) Investigational New Drug Applications.--Section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) is amended--
(1) in paragraph (2), by inserting ``and paragraph (5)''
after ``Subject to paragraph (3)''; and
(2) by adding at the end the following:
``(5)(A) Notwithstanding any other provision of this Act, the
manufacturer or sponsor of an investigation of a new drug shall include
in any submission to the Secretary pursuant to this subsection on the
clinical investigation of the new drug and to the extent appropriate,
information stratified by gender, race, and ethnicity, including any
differences in safety and effectiveness.
``(B) The Secretary shall place a clinical hold (as described in
paragraph (3)) on an investigation if the manufacturer or sponsor of
the investigation fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection on clinical
investigations of new drugs are adequately reviewed to determine
whether such submissions include the information required under this
paragraph.''.
(c) Abbreviated New Drug Applications.--Section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended--
(1) in paragraph (2)(A), by inserting before the period at
the end the following: ``, subject to paragraph (10)'';
(2) in paragraph (3)(A), by adding at the end the
following: ``The Secretary shall require such individuals who
review such applications to ensure that such applications
include the information on gender data required under paragraph
(10).'';
(3) in paragraph (4)--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) in subparagraph (K), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(L) the application does not include appropriate
information stratified by gender, race, and ethnicity,
as required under paragraph (10).''.
(4) by adding at the end the following:
``(10)(A) Notwithstanding any other provision of this Act, a person
shall include in any submission to the Secretary pursuant to this
subsection appropriate drug information stratified by gender, race, and
ethnicity, including any differences in safety and effectiveness.
``(B) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under this paragraph.
``(11) Upon the approval under this subsection of an application
for a drug, the Secretary shall report to the scientific community and
make available to the public, in a timely manner, data regarding such
drug stratified by gender, race, and ethnicity.''.
(d) Premarket Approvals.--Section 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360e) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(H) information regarding the device, to the extent
appropriate, stratified by gender, race and ethnicity,
including differences in safety and effectiveness.''; and
(B) by adding at the end the following:
``(5) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under paragraph (1)(H).''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking the
period and inserting ``; or''; and
(iii) by inserting after subparagraph (E),
the following:
``(F) the application does not contain, as appropriate, the
information required in subsection (c)(1)(H).''; and
(B) by adding at the end the following:
``(7) Upon the approval of an application under this section, the
Secretary shall report to the scientific community and make available
to the public, in a timely manner, data regarding such device
stratified by gender, race, and ethnicity.''.
(e) Investigational Device Exemptions.--Section 520(g)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended--
(1) in subparagraph (B), by adding at the end the
following:
``(iv) A requirement that any application include
information regarding the device, to the extent appropriate,
stratified by gender, race, and ethnicity, including
differences in safety and effectiveness.''; and
(2) by adding at the end the following:
``(d) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under paragraph (B)(iv).''.
(f) Biological Product Licenses.--Section 351(a)(2) of the Public
Health Service Act (42 U.S.C. 262) is amended by adding at the end the
following:
``(D)(i) Notwithstanding any other provision of this Act, the
applicant shall include in any application to the Secretary pursuant to
this section appropriate information regarding the subject biological
product stratified by gender, race, and ethnicity, including
differences in safety and effectiveness.
``(ii) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this section are adequately
reviewed to determine whether such submissions include the information
required under paragraph (D)(i).
``(iii) Upon the approval of an application under this subsection,
the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such
biological product stratified by gender, race, and ethnicity.''.
(g) GAO Study.--Not later than 2 years after the date of enactment
of this section, the Comptroller General of the United States shall
study the drug approval processes of the Food and Drug Administration
to ensure that the Food and Drug Administration is complying with the
amendments made by this section.
SEC. 4. GENDER-BASED REPORTING AND ANALYSIS OF PATIENT SAFETY DATA.
(a) Data Standards.--Section 923(b) of the Public Health Service
Act (as amended by the Patient Safety and Quality Improvement Act of
2005 (Public Law 109-41)) is amended by adding at the end the
following: ``The Secretary shall provide that all nonidentifiable
patient safety work product reported to and among the network of
patient safety databases be stratified by gender.''.
(b) Use of Information.--Section 923(c) of the Public Health
Service Act (as amended by the Patient Safety and Quality Improvement
Act of 2005 (Public law 109-41)) is amended by adding at the end the
following: ``Such analyses take into account data that specifically
relates to women and any disparities between treatment and the quality
of care between males and females.''.
SEC. 5. REPORTING OF HOSPITAL QUALITY DATA BY GENDER.
Section 1886(b)(3)(B)(iv)(II) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(vii)(II)), as amended by section 501 of the Medicare
Prescription Drug, Improvement, and modernization Act of 2003 (Public
law 108-173), is amended by adding at the end the following: ``The
Secretary shall make such data available to the public, in a form and
manner that stratifies the data by gender.''.
SEC. 6. QUALITY OF CARE REPORTS BY THE AGENCY FOR HEALTHCARE RESEARCH
AND QUALITY.
Section 903 of the Public Health Service Act (42 U.S.C. 299a-1) is
amended--
(1) in subsection (b)(1)(B), by inserting before the
semicolon the following: ``, including quality of and access to
care for women with heart disease, stroke, and other
cardiovascular disease''; and
(2) in subsection (c), by adding at the end the following:
``(4) Annual report on women and heart disease.--Not later
than September 30, 2006, and annually thereafter, the
Secretary, acting through the Director, shall prepare and
submit to Congress a report concerning the findings related to
the quality of and access to care for women with heart disease,
stroke, and other cardiovascular diseases. The report shall
contain recommendations for eliminating disparities in, and
improving the treatment of, heart disease, stroke, and other
cardiovascular diseases in women.''.
SEC. 7. ANALYSIS OF DATA BY QUALITY IMPROVEMENT ORGANIZATIONS.
Section 1154(a) of the Social Security Act (42 U.S.C. 1320c-3(a))
is amended by adding at the end the following:
``(18) The organization shall execute its responsibilities
under subparagraphs (A) and (B) of paragraph (1) by offering to
providers, practitioners, Medicare Advantage organizations
under part C, and prescription drug sponsors offering
prescription drug plans under part D quality improvement
assistance aimed at eliminating gender disparities in the
quality of care for women, particularly minority women, who
suffer from heart disease, stroke, and other cardiovascular
diseases. For purposes of this part and title XVIII, the
functions described in this paragraph shall be treated as a
review function.''.
SEC. 8. REPORTS BY ACCREDITING ORGANIZATIONS.
The Social Security Act is amended by inserting after section 1808
(42 U.S.C. 1395b-9) the following:
``SEC. 1809. STRATIFICATION OF DATA BY GENDER IN APPLYING CONDITIONS OF
PARTICIPATION AND CONDITIONS OF COVERAGE.
`` The Secretary shall ensure that data are stratified by gender
when collected and used in surveys evaluating whether providers meet
the applicable conditions of participation or conditions of coverage
under parts A, B, C and D of this title. When determined feasible by
the Secretary, such data shall be stratified by gender when reported to
the public or otherwise made available to the public.''.
SEC. 9. EDUCATIONAL CAMPAIGNS.
(a) Distribution of Educational Material Through the Center for
Beneficiary Choices.--The Secretary of Health and Human Services,
acting through the Center for Beneficiary Choices of the Centers for
Medicare & Medicaid Services, shall develop and distribute to female
medicare beneficiaries, physicians, and other appropriate healthcare
professionals educational materials relating to the prevention,
diagnosis, and treatment of heart disease, stroke, and cardiovascular
diseases in women. The Center for Beneficiary Choices may carry out
this subsection through contracts with public and private nonprofit
entities.
(b) Healthcare Professional Educational Campaign.--The Secretary of
Health and Human Services, acting through the Bureau of Health
Professions of the Health Resources and Services Administration, shall
conduct an education and awareness campaign for physicians and other
healthcare professionals relating to the prevention, diagnosis, and
treatment of heart disease, stroke, and other cardiovascular diseases
in women. The Bureau of Health Professions may carry out this
subsection through contracts with public and private nonprofit
entities.
SEC. 10. EXTENSION OF WISEWOMAN.
There are authorized to be appropriated such sums as may be
necessary for each fiscal year to enable the Director of the Centers
for Disease Control and Prevention to implement Well-Integrated
Screening and Evaluation for Women Across the Nation (WISEWOMAN)
program projects in all State and territories, which may include
projects among Indian tribes. | Heart Disease Education, Analysis, and Research, and Treatment for Women Act or the HEART for Women Act - Amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require an application for approval or for investigation of a drug, device, or biological product to include information stratified by gender, race, and ethnicity, including any differences in safety and effectiveness. Requires the Secretary of Health and Human Services to: (1) withhold approval of such an application or place a clinical hold on an investigation if such information is not included; and (2) report to the scientific community and make information available to the public on such stratified data upon approval of an application.
Requires the Comptroller General to study the drug approval process to ensure compliance with this Act.
Requires the Secretary to require that all nonidentifiable patient safety work product reported to a patient safety database be stratified by gender.
Amends title XVIII (Medicare) the Social Security Act (SSA) to require the Secretary to make hospital quality data relating to the quality of care in inpatient settings available to the public stratified by gender.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to report to Congress concerning the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases.
Requires utilization and quality control peer review organizations to offer quality improvement assistance aimed at eliminating gender disparities.
Amends title IX (employment security provisions) of SSA to require that data be stratified by gender when collected and used in surveys evaluating whether Medicare providers meet applicable conditions of participation or coverage.
Provides for an educational campaign relating to heart disease, stroke, and cardiovascular diseases in women. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Response System Initiative
Act of 2006'' or the ``CRSI Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Injury remains 1 of the top killers in America,
effecting over 2,400,000 children who needlessly die each year.
Fifty percent of these lives could have been saved if prompt
aid were administered prior to the arrival of emergency medical
services.
(2) Part of any comprehensive emergency preparedness plan
must include educating the public on how to prepare for and
react in an emergency situation.
(3) The need for citizen-based emergency preparedness
training at the community level has never been greater. The
Citizen Corps and mayors from across the country agree that
educating children in age-appropriate life supporting first
aid, including cardiopulmonary resuscitation, the Heimlich
maneuver, and blood-borne and biohazardous precautions, is an
important component of meeting this need. On June 5, 2006, the
United States Conference of Mayors adopted a resolution urging
mayors to form a Community Response System Initiative Committee
to address this issue.
(4) Studies have shown that providing children with life
supporting first aid skills training increases their
willingness to assist others in a medical emergency by 57
percent.
(5) Eighty percent of schools surveyed stated that
cardiopulmonary resuscitation training is best provided in a
school setting.
(6) In 2001, 101,537 Americans died of ``unintentional
injury deaths''.
(7) In 2003, 479,305 Americans died due to heart attacks,
which was 1 of every 5 deaths in the United States overall.
(8) In the United States, 1,200,000 new and recurrent
coronary attacks occur each year.
(9) The National Highway Traffic Safety Administration has
concluded that if members of the public learned life supporting
first aid, there would be ``significant potential'' for
reducing the more than 22,000 preventable highway deaths that
occur in the United States each year.
SEC. 3. BASIC LIFE SUPPORTING FIRST AID EDUCATION FOR CHILDREN.
(a) Definitions.--In this section--
(1) the term ``age-appropriate'' means information,
education, and skills suitable for the individual to understand
and perform;
(2) the term ``appropriate municipal entity'' means an
agency of a unit of local government that is an emergency
response provider or provides other similar medical services or
training, including a fire department, law enforcement agency,
hospital, school nurse, or emergency medical services provider;
(3) the term ``children'' means individuals under the age
of 18 years enrolled in grades kindergarten through 12;
(4) the term ``emergency medical professional'' means an
individual certified by a State in emergency medical services;
(5) the terms ``emergency response provider'' and ``local
government'' have the same meaning as in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101);
(6) the term ``life supporting first aid'' includes
cardiopulmonary resuscitation, the use of an automatic external
defibrillator, the Heimlich maneuver, blood-borne and
biohazardous precautions, bleed control, and other life-
sustaining procedures in the event of an emergency; and
(7) the term ``selected organization'' means the
organization contracting with the Secretary of Homeland
Security under subsection (b).
(b) Authority.--The Secretary of Homeland Security, acting through
the Chief Medical Officer, shall enter into an agreement with an
organization, under which such organization shall provide funds to
appropriate municipal entities to provide education and training in
life supporting first aid to children, including scene safety
procedures.
(c) Eligibility.--The selected organization shall--
(1) have experience in, and the sole mission of, training
individuals (especially children) to be active bystanders,
equipped with life supporting first aid skills to assist during
emergencies;
(2) recognize that life supporting first aid techniques are
essential to maintaining life before the arrival of emergency
response providers;
(3) use only emergency medical professionals as instructors
to teach life supporting first aid techniques to children and
adults;
(4) work with Federal, State, and local government entities
and the private sector to highlight the importance of public
emergency preparedness and effective emergency response;
(5) have developed and implemented, before the date of
entering a contract under subsection (b), a testing component
for evaluation, accountability, and data collection; and
(6) be an affiliate of the Citizens Corps of the Department
of Homeland Security.
(d) Use of Funds.--
(1) In general.--Funds provided under this section by the
selected organization to an appropriate municipal entity shall
be used--
(A) to create age-appropriate educational materials
regarding life supporting first aid to be distributed
to children;
(B) to conduct training and clinical instruction of
children in life supporting first aid; and
(C) for data collection and statistical analysis.
(2) Priority.--In providing funds to appropriate municipal
entities under this section, the selected organization shall
give priority to emergency medical services, fire departments,
law enforcement agencies, hospitals, and school nurses.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for each of
fiscal years 2007 through 2010 to carry out this Act . | Community Response System Initiative Act of 2006 or the CRSI Act - Directs the Secretary of the Department of Homeland Security (DHS), acting through the Chief Medical Officer, to enter into an agreement with an organization which shall provide funds to local governmental agencies that provide emergency response or similar medical services or training for education and training in life supporting first aid to children. Requires the selected organization to give priority to emergency medical services, fire departments, law enforcement agencies, hospitals, and school nurses. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Qualifying Renewable Chemical
Production Tax Credit Act of 2012''.
SEC. 2. CREDIT FOR THE PRODUCTION OF RENEWABLE CHEMICALS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS.
``(a) In General.--For purposes of section 38, the renewable
chemicals production credit for any taxable year is an amount
(determined separately for each renewable chemical produced by the
taxpayer) equal to $0.15 per pound of eligible content of renewable
chemical produced by the taxpayer during the taxable year.
``(b) Limitation.--The credit determined under subsection (a) with
respect to any renewable chemical produced by any taxpayer during any
taxable year shall not exceed the credit amount allocated by the
Secretary to the taxpayer with respect to such chemical for such
taxable year under subsection (e).
``(c) Eligible Content.--For purposes of this section--
``(1) In general.--The term `eligible content' means, with
respect to any renewable chemical, the biobased content
percentage of the total mass of organic carbon in such
chemical.
``(2) Biobased content percentage.--The term `biobased
content percentage' means, with respect to any renewable
chemical, the biobased content of such chemical (expressed as a
percentage) determined by testing representative samples using
the American Society for Testing and Materials (ASTM) D6866.
``(d) Renewable Chemical.--For purposes of this section--
``(1) In general.--The term `renewable chemical' means any
chemical which--
``(A) is produced by the taxpayer in the United
States (or in a territory or possession of the United
States) from renewable biomass,
``(B) is sold, or used, by the taxpayer--
``(i) for the production of polymers,
plastics, or formulated products, or
``(ii) as polymers, plastics, or formulated
products, and
``(C) is not sold or used for the production of any
food, feed, or fuel.
``(2) Exceptions.--Such term shall not include any chemical
if--
``(A) the biobased content percentage of such
chemical is less than 25 percent,
``(B) 10,000,000 pounds or more of such chemical
was produced during calendar year 2000 from renewable
biomass,
``(C) such chemical is not either the product of,
or reliant upon, biological conversion, thermal
conversion, or a combination of biological and thermal
conversion, of renewable biomass, or
``(D) such chemical is composed of renewable
chemicals that are eligible for a credit under this
section.
``(3) Renewable biomass.--The term `renewable biomass' has
the meaning given such term in section 9001(12) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8101(12)).
``(e) Allocation of Credit Amounts.--
``(1) In general.--Not later than 180 days after enactment
of this section, the Secretary, in consultation with the
Secretary of Agriculture, shall establish a program to allocate
credit amounts under this section to applicants for taxable
years.
``(2) Limitations.--
``(A) Aggregate limitation.--The total amount of
credits that may be allocated under such program shall
not exceed $500,000,000.
``(B) Taxpayer limitation.--The amount of credits
that may be allocated to any taxpayer for any taxable
year under such program shall not exceed $25,000,000.
For purposes of the preceding sentence, all persons
treated as a single employer under subsection (a) or
(b) of section 52, or subsection (m) or (o) of section
414, shall be treated as one person.
``(3) Selection criteria.--In determining which taxpayers
to make allocations of credit amount under this section, the
Secretary shall take into consideration--
``(A) the number of jobs created and maintained
(directly and indirectly) in the United States
(including territories and possessions of the United
States) as result of such allocation during the credit
period and thereafter,
``(B) the degree to which the production of the
renewable chemical demonstrates reduced dependence on
imported feedstocks, petroleum, non-renewable
resources, or other fossil fuels,
``(C) the technological innovation involved in the
production method of the renewable chemical,
``(D) the energy efficiency and reduction in
lifecycle greenhouse gases of the renewable chemical or
of the production method of the renewable chemical, and
``(E) whether there is a reasonable expectation of
commercial viability.
``(4) Redistribution.--If a credit amount allocated to a
taxpayer for a taxable year with respect to any renewable
chemical (determined without regard to this paragraph) exceeds
the amount of the credit with respect to such chemical
determined under this section on the taxpayer's return for such
taxable year--
``(A) the credit amount allocated to such taxpayer
for such taxable year with respect to such renewable
chemical shall be treated as being the amount so
determined on the taxpayer's return, and
``(B) such excess may be reallocated by the
Secretary consistent with the requirements of
paragraphs (2)(B) and (3).
``(5) Disclosure of allocations.--The Secretary shall, upon
making an allocation of credit amount under this section,
publicly disclose the identity of the applicant and the amount
of the credit with respect to such applicant.
``(f) Termination.--Notwithstanding any other provision of this
section, the Secretary may not allocate any credit amount under this
section to any taxable year which begins more than 5 years after the
date of the enactment of this section.''.
(b) Credit To Be Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 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 renewable chemicals production credit determined
under section 45S(a).''.
(2) Credit allowable against alternative minimum tax.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (vi)
the following new clause:
``(vii) the credit determined under section
45S,''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Credit for production of renewable chemicals.''.
(d) Effective Date.--The amendments made by this section shall
apply to chemicals produced after the date of the enactment of this
Act, in taxable years ending after such date. | Qualifying Renewable Chemical Production Tax Credit Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals.
Defines "renewable chemical" as any chemical that is: (1) produced in the United States from renewable biomass; (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products; and (3) not sold or used for the production of any food, feed, or fuel. Exempts certain chemicals, including those with a biobased content of less than 25%.
Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Bonus Equity Act''.
SEC. 2. CONTINUATION OF CERTAIN BONUS PAYMENTS TO MEMBERS OF THE ARMED
FORCES RETIRED OR SEPARATED DUE TO A COMBAT-RELATED
INJURY.
(a) Payment Required.--
(1) In general.--Chapter 17 of title 37, United States
Code, is amended by inserting after section 903 the following
new section:
``Sec. 904. Continued payment of bonuses to members retired or
separated due to combat-related injuries
``(a) Payment Required.--In the case of a member of the armed
forces who is retired or separated for disability under chapter 61 of
title 10, due to a combat-related injury, the Secretary of Defense
shall require the continued payment to the member of any bonus
described in subsection (b) that the member--
``(1) was entitled to immediately before the retirement or
separation of the member; and
``(2) would continue to be entitled to if the member was
not retired or separated.
``(b) Covered Bonuses.--The bonuses referred to in subsection (a)
are the following (numbers refer to the corresponding section in
chapter 5 of this title):
``(1) 301b. Special pay for aviation career officers
extending period of active duty.
``(2) 301d. Multiyear retention bonus for medical officers
of the armed forces.
``(3) 301e. Multiyear retention bonus for dental officers
of the armed forces.
``(4) 302d. Accession bonus for registered nurses.
``(5) 302h. Accession bonus for dental officers.
``(6) 302j. Accession bonus for pharmacy officers.
``(7) 302k. Accession bonus for medical officers in
critically short wartime specialties.
``(8) 302l. Accession bonus for dental specialist officers
in critically short wartime specialties.
``(9) 308. Reenlistment bonus.
``(10) 308b. Reenlistment bonus for members of the Selected
Reserve.
``(11) 308c. Bonus for affiliation or enlistment in the
Selected Reserve.
``(12) 308g. Bonus for enlistment in elements of the Ready
Reserve other than the Selected Reserve.
``(13) 308h. Bonus for reenlistment, or voluntary extension
of enlistment in elements of the Ready Reserve other than the
Selected Reserve.
``(14) 308i. Prior service enlistment bonus.
``(15) 308j. Affiliation bonus for officers in the Selected
Reserve.
``(16) 309. Enlistment bonus.
``(17) 312. Special pay for nuclear-qualified officers
extending period of active duty.
``(18) 312b. Nuclear career accession bonus.
``(19) 312c. Nuclear career annual incentive bonus.
``(20) 315. Engineering and scientific career continuation
pay.
``(21) 316. Bonus for members with foreign language
proficiency.
``(22) 317. Special pay for officers in critical
acquisition positions extending period of active duty.
``(23) 318. Special pay for special warfare officers
extending period of active duty.
``(24) 319. Surface warfare officer continuation pay.
``(25) 321. Judge advocate continuation pay.
``(26) 322. 15-year career status bonus for members
entering service on or after August 1, 1986.
``(27) 323. Retention incentives for members qualified in
critical military skills or assigned to high priority units.
``(28) 324. Accession bonus for new officers in critical
skills.
``(29) 326. Incentive bonus for conversion to military
occupational specialty to ease personnel shortage.
``(30) 327. Incentive bonus for transfer between armed
forces.
``(31) 329. Incentive bonus for retired members and reserve
component members volunteering for high-demand, low-density
assignments.
``(32) 330. Accession bonus for officer candidates.
``(c) Time for Payment.--A bonus required to be paid to a member
under this section shall be paid to the member in a lump sum not later
than 90 days after the date of the retirement or separation of the
member, notwithstanding any terms to the contrary in the agreement
under which the bonus was originally authorized.
``(d) Combat-Related Injury Defined.--In this section, the term
`combat-related injury' means an injury--
``(1) for which the member was awarded the Purple Heart; or
``(2) that was incurred (as determined under criteria
prescribed by the Secretary of Defense)--
``(A) as a direct result of armed conflict;
``(B) while engaged in hazardous service;
``(C) in the performance of duty under conditions
simulating war; or
``(D) through an instrumentality of war.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item relating to section 903 the following new item:
``904. Continued payment of bonuses to members retired or separated due
to combat-related injuries.''.
(b) Cessation of Collection of Previously Paid Bonuses.--Effective
as of the date of the enactment, any collection of bonuses described in
subsection (b) of section 904 of title 37, United States Code (as added
by subsection (a) of this section), that were paid before the date of
the enactment of this Act to members of the Armed Forces retired or
separated under chapter 61 of title 10, United States Code, for a
combat-related injury (as defined in subsection (d) of such section
904) shall cease.
(c) Retroactive Payment of Bonuses.--
(1) In general.--The Secretary of Defense shall pay to each
member of the Armed Forces retired or separated under chapter
61 of title 10, United States Code, for a combat-related injury
(as defined in subsection (d) of section 904 of title 37,
United States Code (as so added)) during the period beginning
on September 11, 2001, and ending on the date of the enactment
of this Act, an amount equal to the amount of any continued
payment of bonus or bonuses to which such member would have
been entitled at the time of retirement or separation under
applicable provisions of such section 904 if such section 904
had been in effect as of September 11, 2001.
(2) Audit.--The Secretary shall identify the former members
of the Armed Forces to be paid amounts under this subsection,
and shall determined the amounts to be paid such members under
this subsection, through a financial audit or such other
mechanisms as the Secretary considers appropriate for purposes
of this subsection.
Passed the Senate
Attest:
NANCY ERICKSON,
Secretary. | Wounded Warrior Bonus Equity Act - Provides that, in the case of a member of the Armed Forces who is retired or separated for disability due to a combat-related injury, the Secretary of Defense shall require the continued payment of any covered bonuses or special pay to which the member: (1) was entitled to immediately before the retirement or separation; and (2) would continue to be entitled to if not retired or separated.
Requires such payment in a lump sum within 90 days after such retirement or separation. | billsum_train |
Provide a summary of the following text: SECTION 1. ENTRIES OF CERTAIN FIBERBOARD.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate at a rate of duty of 1.9 cents per kilogram plus 1.5
percent ad valorem for the entries of fiberboard of a density exceeding
0.8 grams per cubic centimeter described in subsection (d).
(b) Request.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request is filed with the Bureau of Customs and Border
Protection not later than 90 days after the date of the enactment of
this Act.
(c) Refund of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry described in
subsection (d) (including interest from the date of entry) shall be
refunded not later than 90 days after the date of such liquidation or
reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry
231-1422078-5........................ 04/12/01
231-1422080-1........................ 04/12/01
231-1422086-8........................ 04/12/01
231-1422235-1........................ 04/28/01
231-1422466-2........................ 05/23/01
231-1422506-5........................ 05/29/01
231-3015920-7........................ 03/27/01
231-3015994-2........................ 04/02/01
231-3015996-7........................ 04/02/01
231-3015999-1........................ 04/02/01
231-3016000-7........................ 04/02/01
231-3016042-9........................ 04/04/01
231-3016044-5........................ 04/04/01
231-3016058-5........................ 04/04/01
231-3016074-2........................ 04/06/01
231-3016081-7........................ 04/06/01
231-3016080-9........................ 04/06/01
231-3016086-6........................ 04/06/01
231-3016096-5........................ 04/09/01
231-3016213-6........................ 04/17/01
231-3016283-9........................ 04/20/01
231-3016292-0........................ 04/23/01
231-3016294-6........................ 04/23/01
231-3016318-3........................ 04/23/01
231-3016351-4........................ 04/25/01
231-3016356-3........................ 04/26/01
231-3016357-1........................ 04/26/01
231-3016363-9........................ 04/26/01
231-3016448-8........................ 05/02/01
231-3016463-7........................ 05/03/01
231-3016466-0........................ 05/04/01
231-3016471-0........................ 05/04/01
231-3016518-8........................ 05/08/01
231-3016561-8........................ 05/11/01
231-3016565-9........................ 05/11/01
231-3016619-4........................ 05/16/01
231-3016668-1........................ 05/19/01
231-3016670-7........................ 05/19/01
231-3016693-9........................ 05/21/01
231-3016705-1........................ 05/22/01
231-3016706-9........................ 05/22/01
231-3016707-7........................ 05/22/01
231-3016728-3........................ 05/23/01
231-3016748-1........................ 05/24/01
231-3016799-4........................ 05/30/01
231-3016802-6........................ 05/30/01
231-3016850-5........................ 06/04/01
231-3016851-3........................ 06/04/01
231-3016864-6........................ 06/04/01
231-3016875-2........................ 06/05/01
231-3016916-4........................ 06/08/01
231-3016934-7........................ 06/11/01
231-3016935-4........................ 06/11/01
231-3016964-4........................ 06/12/01
231-3017005-5........................ 06/15/01
231-3017013-9........................ 06/15/01
231-3017061-8........................ 06/19/01
231-3017062-6........................ 06/19/01
231-3017097-2........................ 06/21/01
231-3017116-0........................ 06/22/01
231-3017123-6........................ 06/25/01
231-3017124-4........................ 06/25/01
231-3017159-0........................ 06/26/01
231-3017161-6........................ 06/26/01
231-3017162-4........................ 06/26/01
231-3017163-2........................ 06/26/01
231-3017186-3........................ 06/27/01
231-3017223-4........................ 06/30/01
231-3017262-2........................ 07/03/01
231-3017267-1........................ 07/03/01
231-3017269-7........................ 07/03/01
231-3017273-9........................ 07/05/01
231-3017290-3........................ 07/06/01
231-3017297-8........................ 07/06/01
231-3017304-5........................ 07/09/01
231-3017331-5........................ 07/10/01
231-3017332-3........................ 07/10/01
231-3017335-6........................ 07/10/01
231-3017349-7........................ 07/11/01
231-3017370-3........................ 07/12/01
231-3017389-3........................ 07/13/01
231-3017403-2........................ 07/16/01
231-3017418-0........................ 07/17/01
231-3017422-2........................ 07/17/01
231-3017468-5........................ 07/20/01
231-3017513-8........................ 07/24/01
231-3017553-4........................ 07/27/01
231-3017567-4........................ 07/28/01
231-3017581-5........................ 07/30/01
231-3017610-2........................ 07/31/01
231-3017611-0........................ 07/31/01
231-3017616-9........................ 08/01/01
231-3017638-3........................ 08/02/01
231-3017642-5........................ 08/03/01
231-3017670-6........................ 08/06/01
231-3017672-2........................ 08/06/01
231-3017705-0........................ 08/09/01
231-3017722-5........................ 08/10/01
231-3017772-0........................ 08/14/01
231-3017799-3........................ 08/14/01
231-3017806-6........................ 08/15/01
231-3018085-6........................ 09/07/01
231-3017945-2........................ 08/28/01
231-3017808-2........................ 08/17/01
231-3017893-4........................ 08/23/01 | Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to fiberboard. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contractors Accountability Act of
2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Need for database.--(A) By spending over
$215,000,000,000 a year on procurement and nonprocurement
awards for goods and services, the Federal Government is the
largest consumer in the world.
(B) It is in the best interest of the Federal Government
and its taxpayers to award contract and assistance to entities
that are responsible and have a suitable record of integrity
and business ethics.
(C) There is no centralized, comprehensive database on
judicial actions, consent decrees, administrative agreements,
terminations, or settlements with respect to potential Federal
contractors or assistance participants.
(D) Federal officials do not have the resources necessary
to assemble such information for each Federal procurement
award.
(E) The lack of this information compromises the Federal
Government's ability to safeguard the integrity of the Federal
procurement and assistance activities.
(F) It is in the best business interests of the Federal
Government to have all information possible regarding potential
contractors' and assistance participants' performance and
integrity records to assure that persons with which the
Government does business are presently responsible.
(2) Reality of debarments and suspensions of top 43 federal
contractors.--Since 1990--
(A) of the top 43 Federal contractors based on
total contract dollars received--
(i) 16 have a total of 28 criminal
convictions; and
(ii) 4 of the top ten have at least 2
criminal convictions;
(B) such 43 contractors have paid a total of
$3,400,000,000 in fines, penalties, restitution,
settlements, and clean-up costs under the Superfund
program; and
(C) despite such fines and criminal convictions,
only one of the 43 contractors has been debarred or
suspended from contracting with the Federal Government,
for only 5 days.
(3) Need for database not fulfilled.--
(A) There is no centralized listing of criminal or
civil indictments, convictions, fines, penalties,
restitution, and settlement assessments relating to
contractors or assistance participants.
(B) Potential Federal contractors or assistance
participants are not required to disclose all relevant
criminal, civil, or administrative rulings or
resolutions during the Federal procurement award
process.
(C) Without such a database or disclosure, Federal
award officials and debarment officials lack important
information relevant to present responsibility.
SEC. 3. DATABASE FOR FEDERAL DEBARMENT OFFICIALS AND CONTRACTING
OFFICERS.
(a) In General.--The Administrator of General Services shall
establish and maintain a database of information regarding integrity
and performance of Federal contracts and assistance recipients for use
by Federal procurement award officials and Federal officials having
authority to debar or suspend persons from Federal contracts or
assistance.
(b) Information Included.--The database--
(1) shall consist of information regarding judicial and
administrative proceedings initiated or concluded by the
Federal Government and State governments against Federal
contractors or assistance recipients; and
(2) shall include with respect to each entity awarded a
Federal contract or assistance--
(A) information regarding all proceedings referred
to in paragraph (1) against that person in at least the
most recent 5-year period;
(B) with respect to each proceeding--
(i) a brief description of the proceeding;
and
(ii) any amount paid by the person to the
Federal Government or a State government;
(C) all Federal contracts and assistance awarded to
the person that were terminated in such period due to
default;
(D) all Federal debarments and suspensions of the
person in that period; and
(E) all Federal suspension and debarment or
administrative agreements signed with such person in
that period.
(c) Input of Data.--The Administrator shall design and maintain the
database in a manner that allows the appropriate officials of each
Federal agency to directly input and update in the database information
relating to actions it has taken with regard to contractors or
assistance recipients.
(d) Availability.--The Administrator shall make the database
available to all Federal agencies and to the public in accordance with
section 552 of title 5, United States Code, popularly known as the
Freedom of Information Act.
SEC. 4. SUSPENSION AND DEBARMENT PRESUMPTION FOR REPEAT VIOLATORS AND
POOR PERFORMERS.
(a) In General.--Federal agency suspension and debarment
regulations shall be amended by no later than 180 days after the date
of the enactment of this Act to provide that an entity shall be
presumed nonresponsible with respect to award of a Federal contract or
assistance if the entity has rendered against it twice within any 3-
year period a judgment or conviction for the same offense, or similar
offenses, if each conviction constitutes a cause for debarment under
the Governmentwide debarment system.
(b) Rebuttal.--The presumption under subsection (a) shall be
rebutted only if the entity demonstrates, by clear and convincing
evidence, that the entity is presently responsible and has corrected
the conditions that gave rise to the violations.
(c) Repeat Violations.--An agency suspending official may deem
evidence of repeat violations under subsection (a) as sufficient reason
to find that immediate action is necessary to suspend an entity under
the regulations until the entity fulfills the requirements of
subsection (b).
SEC. 5. DISCLOSURE IN APPLICATIONS.
Federal regulations shall be amended by no later than 180 days
after the date of the enactment of this Act to require that in applying
for any Federal contract or assistance, whether by submission of a
proposal, any solicitation, bid, or other offer, an entity shall
disclose in writing--
(1) all Federal or State debarments or suspensions of the
entity from contracts or assistance in the 5-year period
preceding the date of submission of the application;
(2) all judicial and administrative proceedings against the
entity by the Federal Government or any State that occurred in
the 5-year period preceding the date of the application; and
(3) all administrative agreements with respect to Federal
contracts or assistance that the entity is implementing to
avoid suspension or debarment within 5 years of the date of the
submission of the application.
SEC. 6. ROLE OF INTERAGENCY COMMITTEE.
The Interagency Committee on Debarment and Suspension shall--
(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to initiate
suspension or debarment proceedings;
(2) coordinate actions among interested agencies with
respect to such action;
(3) encourage and assist Federal agencies in entering into
cooperative efforts to pool resources and achieve operational
efficiencies in the Governmentwide suspension and debarment
system;
(4) recommend to the Office of Management and Budget
changes to Government debarment and suspension system and its
rules, if such recommendations are approved by a majority of
the Interagency Committee;
(5) authorize the Office of Management and Budget to issue
guidelines that implement those recommendations;
(6) authorize the chair of the Committee to establish
subcommittees as appropriate to best enable the Interagency
Committee to carry out its functions; and
(7) submit to the Congress an annual report on--
(A) the progress and efforts to improve the
suspension and debarment system;
(B) member agencies' active participation in the
committee's work; and
(C) a summary of each agency's activities and
accomplishments in the Governmentwide debarment system.
SEC. 7. AUTHORIZATION OF INDEPENDENT AGENCIES.
Any agency, commission, or organization of the Federal Government
to which Executive Order 12549 does not apply is authorized to
participate in the Governmentwide suspension and debarment system and
may recognize the suspension or debarment issued by an executive branch
agency in its own procurement or assistance activities.
SEC. 8. USE OF PAYMENTS UNDER ADMINISTRATIVE AGREEMENTS.
(a) In General.--A Federal agency may--
(1) retain amounts described in subsection (b); and
(2) use those amounts solely--
(A) to administer, review, or oversee compliance
with suspension or debarment administrative agreements;
and
(B) for costs associated with establishing and
maintaining the database under section 3, including for
input and update of information in the database.
(b) Amounts Described.--The amounts referred to in subsection (a)
are amounts received by the agency as payment made by any Federal
contractor or assistance participant pursuant to an administrative
agreement with respect to a Federal contract or assistance activity.
(c) Restriction.--Amounts retained under subsection (a)(1) may not
be used for agency administration or expenses not described in
subsection (a)(2).
SEC. 9. DEFINITIONS.
In this Act:
(1) Interagency committee.--The term ``Interagency
Committee on Debarment and Suspension'' means such committee
constituted under sections 4 and 5 and of Executive Order
12549.
(2) Assistance.--The term ``assistance'' means Federal
grants, cooperative agreements, loans, loan guarantees, and
other benefits included as covered transactions under the
Governmentwide nonprocurement suspension and debarment rules.
(3) Contract.--The term ``contract'' means those direct
procurement transactions covered by subpart 9.4 of the Federal
Acquisition Regulation. | Contractors Accountability Act of 2002 - Directs the Administrator of General Services to establish and maintain a database of information regarding integrity and performance of Federal contracts and assistance recipients for use by Federal procurement award officials and Federal officials having authority to debar or suspend persons from Federal contracts or assistance. Includes within required database information all judicial and administrative proceedings against such contractors or assistance recipients. Requires such information to be available to all Federal agencies and the public.Requires Federal agency suspension and debarment regulations to be amended to provide that an entity shall be presumed to be nonresponsible with respect to the award of a Federal contract or assistance if the entity has rendered against it twice within any three-year period a judgment or conviction for the same offense, if each conviction constitutes a cause for Federal debarment.Requires entities to disclose in contract or assistance solicitations, bids, or offers all debarments or suspensions, judicial and administrative proceedings against the entity, and agreements that the entity is performing to avoid suspension or debarment within the last five years.Requires the Interagency Committee on Debarment and Suspension to take certain actions with respect to Federal suspension or debarment proceedings.Allows: (1) Federal agencies, commissions, or organizations not currently participating in the Federal suspension and debarment system to do so; and (2) payments received under administrative agreements to avoid suspension or debarment to be used for costs associated with the database. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Mental Health and Back-to-
Work Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The statutory advisory committee of the Department of
Veterans Affairs known as the Committee on Care of Veterans
with Serious Mental Illness has underscored the need to
integrate psychosocial recovery in the treatment of mental
illness.
(2) In its report to the President dated July 22, 2003, the
President's New Freedom Commision on Mental Health (established
by Executive order No. 13263 of April 29, 2002), identified the
hope of recovery as the single most important goal of mental
health service delivery.
(3) The Surgeon General, in a report on mental health
issued in 1999, stated that ``state of the art care for severe
mental illness is recovery oriented care which requires an
array of services that include intensive case management,
access to substance abuse treatment, peer support and
psychosocial rehabilitation such as pharmacologic treatment,
housing, employment services, independent living and social
skills training.''.
(4) During fiscal year 2002, the Department of Veterans
Affairs treated 757,767 patients in specialty mental health
settings, of whom 293,246 were seriously mentally ill.
(5) Approximately 21 percent of all patients seen by the
Department of Veterans Affairs are seen for mental health
treatment.
(6) When veterans with mental illness do not receive
comprehensive rehabilitative care, they are more likely to
become homeless and, according to the National Coalition for
Homeless Veterans, 45 percent of homeless veterans suffer from
at least one mental illness and need help finding a job.
(7) A study of the program operations of the Department of
Veterans Affairs during fiscal year 2000 found that fewer than
one percent of the 82,000 veterans under the age of 55 who have
schizophrenia participated in compensated work therapy
programs.
(8) The National Mental Health Information Center of the
Substance Abuse and Mental Health Services Administration of
the Department of Health and Human Services found a shocking 90
percent unemployment rate among adults with serious mental
illness, the worst level of unemployment of any group of people
with disabilities.
(9) A study by the National Mental Health Information
Center found that serious mental illness need not lead to
unemployment when seriously mentally ill individuals are given
proper training and employment support services.
SEC. 3. ENHANCEMENT OF REHABILITATIVE SERVICES FOR VETERANS WITH MENTAL
ILLNESS AND OTHER VETERANS.
(a) Rehabilitative Services Through Medical Care Authority.--
Section 1701(8) is amended by striking ``(other than those types of
vocational rehabilitation services provided under chapter 31 of this
title)''.
(b) Expansion of Authorized Rehabilitative Services.--Section 1718
is amended--
(1) in subsection (c)(1)--
(A) by striking ``subsection (b) of this section''
and inserting ``subsection (b) or (d)''; and
(B) by striking ``paragraph (2) of such
subsection'' and inserting ``subsection (b)(2)'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) In providing to a veteran rehabilitative services under this
chapter, the Secretary may furnish the veteran with the following:
``(1) Work skills training and development services.
``(2) Employment support services.
``(3) Job development and placement services.''.
SEC. 4. COMMITTEE ON CARE OF VETERANS WITH SERIOUS MENTAL ILLNESS.
(a) Name of Committee.--The committee of the Department of Veterans
Affairs established under section 7321 of title 38, United States Code,
shall be known and designated as the ``Committee on Care of Veterans
with Serious Mental Illness''.
(b) Matters to Be Included in Annual Report.--Section 7321 of title
38, United States Code, is amended by adding at the end the following
new subsection:
``(e) The committee shall include in its annual report to the
Secretary its assessment of how the programs of the Department under
section 1718 of this title are serving veterans with mental illness.
The committee shall include such recommendations for improving services
to veterans with mental illness under such programs as the committee
considers appropriate.''.
(c) Conforming Amendments.--(1) Subsection (a) of such section is
amended by striking ``Committee on Care of Severely Chronically
Mentally Ill Veterans'' and inserting ``Committee on Care of Veterans
with Serious Mental Illness''.
(2) The heading of such section is amended to read as follows:
``Sec. 7321. Committee on Care of Veterans with Serious Mental
Illness''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 73 of such title is amended to read as
follows:
``7321. Committee on Care of Veterans with Serious Mental Illness.''. | Veterans Mental Health and Back-to-Work Act of 2003 - Authorizes the Secretary of Veterans Affairs, in providing veterans' rehabilitative services, to furnish: (1) work skills training and development; (2) employment support; and (3) job development and placement.
Revises provisions establishing the Committee on Care of Severely Chronically Mentally Ill Veterans to: (1) redesignate such Committee as the Committee on Care of Veterans With Serious Mental Illness; and (2) require in its annual report an assessment of how the veterans' rehabilitative services programs are serving veterans with mental illness. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carrizo Plain National Conservation
Area Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The public lands administered by the Bureau of Land
Management in the State of California within the Carrizo Plain
contain the last remnants of the once vast San Joaquin Valley
grasslands that covered a large expanse of central California.
(2) As a remnant ecosystem, these lands provide the best
remaining contiguous habitat for a number of State or federally
listed endangered species or threatened species, including the
San Joaquin kit fox, the blunt-nosed leopard lizard, the giant
kangaroo rat, and the San Joaquin antelope squirrel, and
numerous other federally or State listed or sensitive plant and
animal species. Many other important species of native wildlife
inhabit the area, such as pronghorn antelope and tule elk.
(3) In addition to its biological diversity, Carrizo Plain
contains nationally significant cultural and historical sites
which are very important to indigenous peoples in the area for
religious and traditional cultural purposes.
(4) The Carrizo Plain area also contains one of the best
and most visible exposures of the geologically unique San
Andreas fault, which is the boundary between the Pacific Plate
(on the west) which moves northward relative to the North
American Plate (on the east) and has and will continue to play
a critical role in the evolution and future of California.
(5) The Carrizo Plain offers unique research, interpretive,
and educational opportunities, and significant recreation
opportunities for the public.
(6) Since 1985, the Carrizo Plain has been cooperatively
managed by the Bureau of Land Management, the California
Department of Fish and Game, and The Nature Conservancy, each
of which owns a part of the Carrizo Plain and all of which work
closely together in a manner that makes jurisdictional
differences among them nearly transparent.
(7) A cooperative management plan has been prepared for the
Carrizo Plain by the Bureau of Land Management, the California
Department of Fish and Game, and The Nature Conservancy, with
full public involvement, that sets the stage for long-term
joint management of the area for public use and enjoyment.
(8) This management plan is based on the agencies' joint
primary mission as set forth in the plan to ``manage the
Carrizo Plain . . . so indigenous species interact within a
dynamic and fully functioning ecosystem in perpetuity while
conserving unique natural and cultural resources and
maintaining opportunities for compatible scientific, cultural,
social, and recreational activities''. In this context, and
under the basic principles of multiple use and sustained yield,
other resource uses, such as livestock grazing and recreation
use, are allowed under the management plan in the conservation
area if they are managed in a manner compatible with that
primary mission.
SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVATION AREA.
(a) Establishment and Purposes.--To preserve the nationally
significant biological, geological, cultural, and recreation values
found in the Carrizo Plain, California, as an enduring legacy of our
heritage, and to secure for future generations the opportunity to
experience those values in an environment rich in biological diversity
and natural beauty, the area described in subsection (b) is hereby
designated as the Carrizo Plain National Conservation Area.
(b) Area Described.--
(1) Boundary map.--The area referred to in subsection (a)
consists of approximately 250,000 acres of lands and waters,
and interests therein, as generally depicted on the map
entitled ``Boundary Map, Carrizo Plain National Conservation
Area'', dated October 1997.
(2) Legal description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file a
legal description of the conservation area with the Committee
on Resources of the House of Representatives and with the
Committee on Energy and Natural Resources of the Senate. Such
legal description shall have the same force and effect as if
included in this Act, subject to paragraph (3).
(3) Revisions and corrections.--The Secretary may--
(A) make minor revisions in the boundary of the
conservation area; and
(B) correct clerical and typographical errors in
the map and legal description referred to in paragraphs
(1) and (2), respectively.
(4) Public availability.--The Secretary shall keep the map
and legal description referred to in paragraphs (1) and (2),
respectively, on file and available for public inspection in
the offices of the Director in the District of Columbia and in
Sacramento and Bakersfield, California.
SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.
(a) In General.--The Secretary, acting through the Director, shall
manage the public lands within the conservation area in accordance with
all applicable laws and the management plan.
(b) Review and Revision of Management Plan.--The Secretary of the
Interior, in cooperation with the Director, the California Department
of Fish and Game, affected landowners, and The Nature Conservancy--
(1) shall, by not later than 1 year after the date of the
enactment of this Act, review the management plan referred to
in section 9(4) and make such revisions in that plan as are
necessary to ensure that it is consistent with the this Act and
with the conservation, enhancement, and protection of the
conservation area; and
(2) may from time to time thereafter make such revisions as
are necessary to ensure that consistency.
(c) Gifts.--The Secretary may accept, receive, hold, administer,
and use any gift, devise, or bequest, absolutely or in trust, of real
or personal property, including any income from or interest in property
or any funds, for management of the conservation area for the purposes
for which the conservation area is established under section 3(a).
(d) Funding Account.--
(1) In general.--To fund management activities for the
conservation area, there is established in the Treasury a
separate account to be known as the Carizzo Plain National
Conservation Area Management Fund.
(2) Contents.--The account shall consist of--
(A) amounts received as fees for activities in the
conservation area;
(B) amounts received by the United States as a
gift, devise, or bequest authorized by subsection (c);
and
(C) amounts appropriated to the account.
(3) Use.--Amounts in the account shall be available to the
Secretary for management of the conservation area pursuant to
the purposes for which the conservation is established under
section 3(a).
SEC. 5. LAND ACQUISITION.
(a) Land Acquisition.--The Secretary may acquire nongovernment,
privately owned lands and interests therein within the conservation
area by donation, by exchange, or by purchase with the consent of the
owner thereof.
(b) Management.--Lands or interests therein within the conservation
area so acquired by the United States shall, after the date of the
enactment of this Act, be incorporated into and managed as part of the
conservation area.
SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT.
(a) Withdrawal.--Subject to valid existing rights, all Federal
lands within the conservation area, including all lands or interests
acquired by the United States after the date of enactment of this Act,
are hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws and from location, entry, and
patent under the mining laws of the United States.
(b) Mineral Development.--
(1) In general.--Except as provided in paragraph (2),
mineral development may occur in the conservation area pursuant
to the Act of February 25, 1920 (30 U.S.C. 181 et seq.;
popularly known as the Mineral Leasing Act), and laws
supplementary thereto, or the Act of July 31, 1947 (30 U.S.C.
601 et seq.; popularly known as the Materials Act of 1947), and
laws supplementary thereto, only to the extent that development
is consistent with the management plan.
(2) State and private lands and interests not affected.--
This subsection shall not affect any State or privately owned
lands or interests in lands.
SEC. 7. COOPERATIVE AGREEMENTS.
The Secretary may, consistent with the management plan, enter into
any cooperative agreements or shared management arrangements with any
person for the purposes of management, interpretation, and research of
the conservation area's resources.
SEC. 8. NATIVE AMERICAN USES.
(a) Native American Uses.--The Secretary shall ensure nonexclusive
access to and use of the public lands in the conservation area by
Native Americans for traditional cultural and religious purposes
consistent with the American Indian Religious Freedom Act (42 U.S.C.
1996).
(b) Temporary Closure.--To implement this section, the Secretary
may from time to time temporarily close to general public use any
specific areas of public lands in the conservation area in order to
protect the privacy of Native American religious activities in such
areas. Any such closure shall be made in such manner as will affect the
smallest practicable area for the minimum period necessary for such
purposes.
SEC. 9. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``conservation area''
means the Carrizo Plain National Conservation Area designated
under section 3(a).
(2) California department of fish and game.--The term
``California Department of Fish and Game'' means the public
entity within the State of California's Resources Agency
established by the laws of the State of California to
administer the fish and wildlife resources in the State on
behalf of the people of California.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(4) Management plan.--The term ``management plan'' means
the management plan developed cooperatively by the Bureau of
Land Management, the California Department of Fish and Game,
and The Nature Conservancy, entitled ``The Carrizo Plain
Natural Area Management Plan'' and dated November 1996, as such
plan may be revised by the Secretary under section 4(b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) The nature conservancy.--The term ``The Nature
Conservancy'' means the nonprofit organization established
under laws of the State of Virginia and doing business in that
name. | Carrizo Plain National Conservation Area Act of 1998 - Designates the Carrizo Plain in California as the Carrizo Plain National Conservation Area.
Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to manage the public lands within the Area in accordance with applicable laws and a management plan devised by the BLM, the California Fish and Game Department, and the Nature Conservancy (plan). Directs the Secretary to review the plan and make necessary revisions to ensure its consistency with this Act and the conservation, management, and protection of the Area.
Establishes the Carrizo Plain National Conservation Area Management Fund for Area management expenses.
Authorizes the Secretary to acquire nongovernment, privately owned lands and interests within the Area by donation, exchange, or purchase, with owner consent.
Withdraws all Federal lands within the Area from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the Federal mining laws. Authorizes Area mineral development.
Directs the Secretary to ensure nonexclusive access to and use of Area public lands by Native Americans for traditional cultural and religious purposes. | billsum_train |
Give a brief overview of the following text: CASA MALPAIS NATIONAL HISTORIC PARK
SECTION. 1. SHORT TITLE AND CONGRESSIONAL FINDINGS.
(a) This Act may be cited as the ``Casa Malpais National Historical
Park Establishment Act of 1993''.
(b) The Congress finds that--
(1) the Casa Malpais is historically and culturally
significant to the State of Arizona, the Town of Springerville
and the Nation;
(2) the Native American population in Arizona and New
Mexico has shown strong and sincere interest in the
preservation and interpretation of their heritage through the
protection of the Casa Malpais;
(3) the Town of Springerville has played a significant role
in the preservation of the cultural resources of the Casa
Malpais through a program of interpretation and preservation of
the landmark;
(4) the Casa Malpais National Historic Landmark was
occupied by one of the largest and most sophisticated Mogollon
communities in the United States;
(5) the landmark includes a fifty-eight room masonry
pueblo, including stairways, Great Kiva complex, and
fortification walls, a prehistoric trail, and catacomb chambers
where the deceased were placed; and
(6) the Casa Malpais was designated as a national historic
landmark by the Secretary of the Interior in 1957.
SEC. 2. ESTABLISHMENT OF CASA MALPAIS NATIONAL HISTORICAL PARK.
(a) In order to preserve, for the benefit and enjoyment of present
and future generations, that area in Arizona containing the nationally
significant Casa Malpais, and other significant natural and cultural
resources, there is hereby established the Casa Malpais National
Historical Park (hereinafter in this Act referred to as the ``park'')
as a unit of the National Park System. The park shall consist of
approximately thirty-five acres, a map of which shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior, and in the office of the mayor of
the Town of Springerville, Arizona.
(b) The park shall be administered by the Secretary of the Interior
(hereinafter in this Act referred to as the ``Secretary'') and the Town
of Springerville, Arizona (hereinafter in this Act referred to as the
``Town''), in accordance with section 3.
(c) Within six months after the date of enactment of this Act, the
Secretary shall file a legal description of the park with the Committee
on Energy and National Resources of the United States Senate and the
Committee on Interior and Insular Affairs of the United States House of
Representatives. Such legal description shall have the same force and
legal description as if included in this Act, except that the Secretary
may correct clerical and typographical errors in such legal
description. The legal description shall be on file and available for
public inspection in the offices of the National Park Service,
Department of the Interior, in the State of Arizona, and in the office
of the mayor of the Town of Springerville, Arizona: Provided, That the
Secretary may from time to time, after completion of the general
management plan referred to in section 108(a), may make minor
adjustments to the park boundary by publication of a revised map or
other boundary description in the Federal Register.
SEC. 3. ADMINISTRATION AND MANAGEMENT OF THE PARK.
(a) (1) To achieve the purposes of this Act, the Secretary, in
cooperation with the Town, shall formulate a comprehensive plan for the
protection, preservation, interpretation, development and maintenance
of the site.
(2) Within eighteen months following the date of enactment of this
section, the Secretary shall transmit the plan to the President of the
Senate and the Speaker of the House of Representatives.
(b) The Secretary may, pursuant to cooperative agreement--
(1) provide technical assistance to the Town or unit of
local government in the management, protection, and
interpretation of the site; and
(2) make periodic grants, which shall be supplemental to
any other funds to which the grantee may be entitled under any
other provision of law, to the Town or local unit of government
for the annual costs of operation and maintenance, including
but not limited to, salaries of personnel and the protection,
preservation, and rehabilitation of the site.
(c) The Secretary is authorized to enter into cooperative
agreements with either the Town under which the Secretary may manage
and interpret any lands owned by Town and the state of Arizona,
respectively, within the boundaries of the Park.
(d) In order to encourage a unified and cost effective interpretive
program of the natural, cultural and recreational resources of the Casa
Malpais and its environs, the Secretary is authorized to enter into
cooperative agreements with other Federal, State, and local public
departments and agencies, Indian tribes, and nonprofit entities
providing for the interpretation of these resources. Such cooperative
agreements may also provide for financial and technical assistance for
the planning and implementation of interpretive programs and minimal
development related to these programs.
SEC. 4. LAND USE PLANNING.
The Secretary may participate in land use planning conducted by
appropriate local authorities for lands adjacent to the park and may
provide technical assistance to such authorities and affected
landowners for such planning.
SEC. 5. EXISTING TRANSMISSION OR DISTRIBUTION FACILITIES.
Nothing in this Act shall be construed as authorizing or requiring
revocation of any interest or easement for existing transmission or
distribution facilities or prohibiting the operation and maintenance of
such facilities within or adjacent to the park boundary.
SEC. 6. GENERAL MANAGEMENT PLAN.
(a) Within three years from the date of enactment of this Act, the
Secretary, in cooperation with the Town and the State, shall develop
and transmit to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Interior and Insular Affairs
of the United States House of Representatives, a general management
plan for the park consistent with the purposes of this Act, including,
but not limited to--
(1) a statement of the number of visitors and types of
public use within the park which can be accommodated in
accordance with the protection and preservation of its
resources;
(2) a resource protection program;
(3) a general interpretive program;
(4) a general development plan for the park, including
proposals for a visitor's center and recreation facilities, and
the estimated cost thereof; and
(b) The general management plan shall be prepared in consultation
with the Casa Malpais National Historical Park Advisory Commission
established pursuant to section 7, appropriate Indian tribes and their
civil officials, the Arizona Historical Preservation Office, and other
interested parties.
SEC. 7. CASA MALPAIS NATIONAL HISTORICAL PARK ADVISORY COMMISSION.
(a) There is hereby established the Casa Malpais National
Historical Park Advisory Commission (hereinafter in this Act referred
to as the ``Commission''). The Commission shall be composed of members
appointed by the Secretary on the recommendation of the mayor of
Springerville for terms of 5 years as follows:
(1) one member, who shall have professional expertise in
history and/or archeology, appointed from recommendations
submitted by the Governor of the State of Arizona;
(2) one member, who shall have professional expertise in
history, appointed from recommendations submitted by the mayor
of the Town of Springerville, Arizona;
(3) one member, who shall have professional expertise in
Indian history or ceremonial activities, appointed from
recommendations submitted by the Inter-Tribal Council of
Arizona;
(4) one member, who shall have professional expertise in
outdoor recreation;
(5) one member, who shall be an affected landowner;
(6) one member, who shall have professional expertise in
cultural anthropology;
(7) one member from the general public;
(8) the Mayor of the Town of Springerville or his or her
designee, ex officio; and
(9) the Director of the National Park Service, or his or
her designee, ex officio.
(b) Any member of the Commission may serve after the expiration of
his or her term until a successor is appointed. A vacancy in the
Commission shall be filled in the same manner in which the original
appointment was made.
(c) Members of the Commission shall serve without pay. While away
from their homes or regular places of business in the performance of
services for the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in Government service are
allowed expenses under section 5703 of title 5, United States Code.
(d) The Chair and other officers of the Commission shall be elected
by a majority of the members of the Commission to serve for terms
established by the Commission.
(e) The Commission shall meet at the call of the Chair or a
majority of its members, but not less than twice annually. Six members
of the Commission shall constitute a quorum. Consistent with the public
meeting requirements of section 10 of the Federal Advisory Committee
Act (5 U.S.C. App.), the Commission shall, from time to time, meet with
persons concerned with Indian history and historic preservation, and
with other interested persons.
(f) The Commission may make such bylaws, rules, and regulations as
it considers necessary to carry out its functions under this Act.
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(g) The Commission shall advise the Secretary and the Town on the
management and development of the park, and on the preparation of the
general management plan referred to in section 6(a). The Secretary, or
his or her designee, shall from time to time, but at least
semiannually, meet and consult with the Commission on matters relating
to the management and development of the park.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for the purposes of this Act. | Casa Malpais National Historical Park Establishment Act of 1993 - Establishes the Casa Malpais National Historical Park in Arizona as a unit of the National Park System, to be administered by the Secretary of the Interior and the town of Springerville, Arizona.
Directs the Secretary to submit a plan for the protection, preservation, interpretation, development, and maintenance of the site to the President of the Senate and the Speaker of the House of Representatives.
Authorizes the Secretary to: (1) provide technical assistance to Springerville for the site's management; (2) make grants to the town for annual costs of operation and maintenance; (3) enter into cooperative agreements for the management and interpretation of the Park; and (4) participate in, and provide technical assistance for, land use planning for lands adjacent to the Park. Directs the Secretary to submit a general management plan for the Park to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs.
Establishes the Casa Malpais National Historical Park Advisory Commission.
Authorizes appropriations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contracting and Tax Accountability
Act of 2009''.
SEC. 2. GOVERNMENTAL POLICY.
It is the policy of the United States Government that no Government
contracts or grants should be awarded to individuals or companies with
seriously delinquent Federal tax debts.
SEC. 3. PROHIBITION ON AWARDING OF CONTRACTS TO DELINQUENT FEDERAL
DEBTORS.
Section 3720B of title 31, United States Code, is amended--
(1) in the section heading, by adding at the end ``or
contracts'';
(2) by adding at the end the following:
``(c)(1) Unless this subsection is waived by the head of a Federal
agency, a person who has a seriously delinquent tax debt shall be
proposed for debarment from any contract awarded by the Federal
Government.
``(2) The head of any Federal agency that issues an invitation for
bids or a request for proposals for a contract in an amount greater
than the simplified acquisition threshold (as defined in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11))
shall require each person that submits a bid or proposal to submit with
the bid or proposal a form--
``(A) certifying that the person does not have a seriously
delinquent tax debt; and
``(B) authorizing the Secretary of the Treasury to disclose
to the head of the agency information limited to describing
whether the person has a seriously delinquent tax debt.
``(3) The Secretary shall make available to all Federal agencies a
standard form for the certification and authorization described in
paragraph (2).
``(4) Not later than 270 days after the date of enactment of this
subsection, the Federal Acquisition Regulation shall be revised to
incorporate the requirements of this subsection.
``(5) For purposes of this subsection:
``(A) The term `contract' means a binding agreement entered
into by a Federal agency for the purpose of obtaining property
or services, but does not include--
``(i) a contract designated by the head of the
agency as assisting the agency in the performance of
disaster relief authorities; or
``(ii) a contract designated by the head of the
agency as necessary to the national security of the
United States.
``(B)(i) The term `person' includes--
``(I) an individual;
``(II) a partnership; and
``(III) a corporation.
``(ii) A partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a partner
who--
``(I) holds an ownership interest of 50 percent or
more in that partnership; and
``(II) who has a seriously delinquent tax debt.
``(iii) A corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has an
officer or a shareholder who--
``(I) holds 50 percent or more, or a controlling
interest that is less than 50 percent, of the
outstanding shares of corporate stock in that
corporation; and
``(II) who has a seriously delinquent tax debt.
``(C)(i) The term `seriously delinquent tax debt' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code.
``(ii) Such term does not include--
``(I) a debt that is being paid in a timely manner
pursuant to an agreement under section 6159 or section
7122 of such Code; and
``(II) a debt with respect to which a collection
due process hearing under section 6330 of such Code, or
relief under subsection (a), (b), or (f) of section
6015 of such Code, is requested or pending.''.
SEC. 4. PROHIBITION ON AWARDING OF GRANTS TO DELINQUENT FEDERAL
DEBTORS.
(a) In General.--The head of any Executive agency that offers a
grant in excess of an amount equal to the simplified acquisition
threshold (as defined in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 401(11)) may not award such grant to
any person unless such person submits with the application for such
grant a form--
(1) certifying that the person does not have a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the Executive agency information limited to
describing whether the person has a seriously delinquent tax
debt.
(b) Release of Information.--The Secretary shall make available to
all Executive agencies a standard form for the certification and
authorization described in subsection (a)(2).
(c) Revision of Regulations.--Not later than 270 days after the
date of the enactment of this section, the Director of the Office of
Management and Budget shall revise such regulations as necessary to
incorporate the requirements of this section.
(d) Definitions and Special Rules.--For purposes of this section:
(1) Person.--
(A) In general.--The term ``person'' includes--
(i) an individual;
(ii) a partnership; and
(iii) a corporation.
(B) Treatment of certain partnerships.--A
partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a
partner who--
(i) holds an ownership interest of 50
percent or more in that partnership; and
(ii) who has a seriously delinquent tax
debt.
(C) Treatment of certain corporations.--A
corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has
an officer or a shareholder who--
(i) holds 50 percent or more, or a
controlling interest that is less than 50
percent, of the outstanding shares of corporate
stock in that corporation; and
(ii) who has a seriously delinquent tax
debt.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(3) Seriously delinquent tax debt.--
(A) In general.--The term ``seriously delinquent
tax debt'' means an outstanding debt under the Internal
Revenue Code of 1986 for which a notice of lien has
been filed in public records pursuant to section 6323
of such Code.
(B) Exceptions.--Such term does not include--
(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code; and
(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending. | Contracting and Tax Accountability Act of 2009 - Prohibits any person who has a seriously delinquent tax debt from obtaining a federal government contract or grant. Requires federal agency heads to require prospective recipients of a contract or grant in excess of an amount equal to the simplified acquisition threshold to: (1) certify that they do not have such a debt; and (2) authorize the Secretary of the Treasury to disclose information describing whether they have such a debt.
Defines "seriously delinquent tax debt" and an outstanding tax debt for which a notice of lien has been filed in public records. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minimum Wage Increase and Work
Opportunity Tax Credit Act of 1996''.
SEC. 2. INCREASE IN MINIMUM WAGE.
Paragraph (1) of section 6(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)) is amended to read as follows:
``(1) except as otherwise provided in this section, not
less than $4.25 an hour during the period ending 90 days after
the date of the enactment of the Minimum Wage Increase Act of
1996, not less than $4.75 an hour during the year beginning on
that date, and not less than $5.25 an hour after the expiration
of such year;''.
SEC. 2. WORK OPPORTUNITY TAX CREDIT.
(a) Reference.--Whenever in this section 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.
(b) Amount of Credit.--Subsection (a) of section 51 (relating to
amount of credit) is amended by striking ``40 percent'' and inserting
``35 percent''.
(c) Members of Targeted Groups.--Subsection (d) of section 51 is
amended to read as follows:
``(d) Members of Targeted Groups.--For purposes of this subpart--
``(1) In general.--An individual is a member of a targeted
group if such individual is--
``(A) a qualified IV-A recipient,
``(B) a qualified veteran,
``(C) a qualified ex-felon,
``(D) a high-risk youth,
``(E) a vocational rehabilitation referral, or
``(F) a qualified summer youth employee.
``(2) Qualified iv-a recipient.--
``(A) In general.--The term `qualified IV-A
recipient' means any individual who is certified by the
designated local agency as being a member of a family
receiving assistance under a IV-A program for at least
a 9-month period ending during the 9-month period
ending on the hiring date.
``(B) IV-A program.--For purposes of this
paragraph, the term `IV-A program' means any program
providing assistance under a State plan approved under
part A of title IV of the Social Security Act (relating
to assistance for needy families with minor children)
and any successor of such program.
``(3) Qualified veteran.--
``(A) In general.--The term `qualified veteran'
means any veteran who is certified by the designated
local agency as being--
``(i) a member of a family receiving
assistance under a IV-A program (as defined in
paragraph (2)(B)) for at least a 9-month period
ending during the 12-month period ending on the
hiring date, or
``(ii) a member of a family receiving
assistance under a food stamp program under the
Food Stamp Act of 1977 for at least a 3-month
period ending during the 12-month period ending
on the hiring date.
``(B) Veteran.--For purposes of subparagraph (A),
the term `veteran' means any individual who is
certified by the designated local agency as--
``(i)(I) having served on active duty
(other than active duty for training) in the
Armed Forces of the United States for a period
of more than 180 days, or
``(II) having been discharged or released
from active duty in the Armed Forces of the
United States for a service-connected
disability, and
``(ii) not having any day during the 60-day
period ending on the hiring date which was a
day of extended active duty in the Armed Forces
of the United States.
For purposes of clause (ii), the term `extended active
duty' means a period of more than 90 days during which
the individual was on active duty (other than active
duty for training).
``(4) Qualified ex-felon.--The term `qualified ex-felon'
means any individual who is certified by the designated local
agency--
``(A) as having been convicted of a felony under
any statute of the United States or any State,
``(B) as having a hiring date which is not more
than 1 year after the last date on which such
individual was so convicted or was released from
prison, and
``(C) as being a member of a family which had an
income during the 6 months immediately preceding the
earlier of the month in which such income determination
occurs or the month in which the hiring date occurs,
which, on an annual basis, would be 70 percent or less
of the Bureau of Labor Statistics lower living
standard.
Any determination under subparagraph (C) shall be valid for the
45-day period beginning on the date such determination is made.
``(5) High-risk youth.--
``(A) In general.--The term `high-risk youth' means
any individual who is certified by the designated local
agency--
``(i) as having attained age 18 but not age
25 on the hiring date, and
``(ii) as having his principal place of
abode within an empowerment zone or enterprise
community.
``(B) Youth must continue to reside in zone.--In
the case of a high-risk youth, the term `qualified
wages' shall not include wages paid or incurred for
services performed while such youth's principal place
of abode is outside an empowerment zone or enterprise
community.
``(6) Vocational rehabilitation referral.--The term
`vocational rehabilitation referral' means any individual who
is certified by the designated local agency as--
``(A) having a physical or mental disability which,
for such individual, constitutes or results in a
substantial handicap to employment, and
``(B) having been referred to the employer upon
completion of (or while receiving) rehabilitative
services pursuant to--
``(i) an individualized written
rehabilitation plan under a State plan for
vocational rehabilitation services approved
under the Rehabilitation Act of 1973, or
``(ii) a program of vocational
rehabilitation carried out under chapter 31 of
title 38, United States Code.
``(7) Qualified summer youth employee.--
``(A) In general.--The term `qualified summer youth
employee' means any individual--
``(i) who performs services for the
employer between May 1 and September 15,
``(ii) who is certified by the designated
local agency as having attained age 16 but not
18 on the hiring date (or if later, on May 1 of
the calendar year involved),
``(iii) who has not been an employee of the
employer during any period prior to the 90-day
period described in subparagraph (B)(i), and
``(iv) who is certified by the designated
local agency as having his principal place of
abode within an empowerment zone or enterprise
community.
``(B) Special rules for determining amount of
credit.--For purposes of applying this subpart to wages
paid or incurred to any qualified summer youth
employee--
``(i) subsection (b)(2) shall be applied by
substituting `any 90-day period between May 1
and September 15' for `the 1-year period
beginning with the day the individual begins
work for the employer', and
``(ii) subsection (b)(3) shall be applied
by substituting `$3,000' for `$6,000'.
The preceding sentence shall not apply to an individual
who, with respect to the same employer, is certified as
a member of another targeted group after such
individual has been a qualified summer youth employee.
``(C) Youth must continue to reside in zone.--
Paragraph (5)(B) shall apply for purposes of this
paragraph.
``(8) Hiring date.--The term `hiring date' means the day
the individual is hired by the employer.
``(9) Designated local agency.--The term `designated local
agency' means a State employment security agency established in
accordance with the Act of June 6, 1933, as amended (29 U.S.C.
49-49n).
``(10) Special rules for certifications.--
``(A) In general.--An individual shall not be
treated as a member of a targeted group unless--
``(i) on or before the day on which such
individual begins work for the employer, the
employer has received a certification from a
designated local agency that such individual is
a member of a targeted group, or
``(ii)(I) on or before the day the
individual is offered employment with the
employer, a pre-screening notice is completed
by the employer with respect to such
individual, and
``(II) not later than the 14th day after
the individual begins work for the employer,
the employer submits such notice, signed by the employer and the
individual under penalties of perjury, to the designated local agency
as part of a written request for such a certification from such agency.
For purposes of this paragraph, the term `pre-screening
notice' means a document (in such form as the Secretary
shall prescribe) which contains information provided by
the individual on the basis of which the employer
believes that the individual is a member of a targeted
group.
``(B) Incorrect certifications.--If--
``(i) an individual has been certified by a
designated local agency as a member of a
targeted group, and
``(ii) such certification is incorrect
because it was based on false information
provided by such individual,
the certification shall be revoked and wages paid by
the employer after the date on which notice of
revocation is received by the employer shall not be
treated as qualified wages.
``(C) Explanation of denial of request.--If a
designated local agency denies a request for
certification of membership in a targeted group, such
agency shall provide to the person making such request
a written explanation of the reasons for such denial.''
(d) Minimum Employment Period.--Paragraph (3) of section 51(i)
(relating to certain individuals ineligible) is amended to read as
follows:
``(3) Individuals not meeting minimum employment period.--
No wages shall be taken into account under subsection (a) with
respect to any individual unless such individual either--
``(A) is employed by the employer at least 180 days
(20 days in the case of a qualified summer youth
employee), or
``(B) has completed at least 500 hours (120 hours
in the case of a qualified summer youth employee) of
services performed for the employer.''
(e) Termination.--Paragraph (4) of section 51(c) (relating to wages
defined) is amended to read as follows:
``(4) Termination.--The term `wages' shall not include any
amount paid or incurred to an individual who begins work for
the employer--
``(A) after December 31, 1994, and before January
1, 1997, or
``(B) after December 31, 1997.''
(f) Redesignation of Credit.--
(1) Sections 38(b)(2) and 51(a) are each amended by
striking ``targeted jobs credit'' and inserting ``work
opportunity credit''.
(2) The subpart heading for subpart F of part IV of
subchapter A of chapter 1 is amended by striking ``Targeted
Jobs Credit'' and inserting ``Work Opportunity Credit''.
(3) The table of subparts for such part IV is amended by
striking ``targeted jobs credit'' and inserting ``work
opportunity credit''.
(4) The heading for paragraph (3) of section 1396(c) is
amended by striking ``targeted jobs credit'' and inserting
``work opportunity credit''.
(g) Technical Amendments.--
(1) Paragraph (1) of section 51(c) is amended by striking
``, subsection (d)(8)(D),''.
(2) Paragraph (3) of section 51(i) is amended by striking
``(d)(12)'' each place it appears and inserting ``(d)(6)''.
(h) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
1996. | Minimum Wage Increase and Work Opportunity Tax Credit Act of 1996 - Amends the Fair Labor Standards Act of 1938 to increase the minimum wage rate from the current $4.25 per hour to: (1) $4.75 per hour for one year beginning 90 days after enactment of this Act; and (2) $5.25 per hour after that year.
Amends the Internal Revenue Code to provide for a new work opportunity tax credit. Redesignates the current targeted jobs credit as the work opportunity credit. Revises the amount of such credit, members of targeted groups, minimum employment period for eligibility, and termination of the period of new wage payments to which the credit applies. | billsum_train |
Provide a summary of the following text: SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL
ACQUISITION OF REAL PROPERTY.
Section 8002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702) is amended by adding at the end the following new
subsections:
``(g) Former Districts.--
``(1) In general.--Where the school district of any local
educational agency described in paragraph (2) is formed at any time
after 1938 by the consolidation of two or more former school
districts, such agency may elect (at any time such agency files an
application under section 8005) for any fiscal year after fiscal
year 1994 to have (A) the eligibility of such local educational
agency, and (B) the amount which such agency shall be eligible to
receive, determined under this section only with respect to such of
the former school districts comprising such consolidated school
districts as such agency shall designate in such election.
``(2) Eligible local educational agencies.--A local educational
agency referred to in paragraph (1) is any local educational agency
that, for fiscal year 1994 or any preceding fiscal year, applied
for and was determined eligible under section 2(c) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) as such section
was in effect for such fiscal year.
``(h) Hold-Harmless Amounts.--
``(1) In general.--Except as provided in paragraph (2)(A), the
total amount that the Secretary shall pay under subsection (b) to a
local educational agency that is otherwise eligible for a payment
under this section--
``(A) for fiscal year 1995 shall not be less than 85
percent of the amount such agency received for fiscal year 1994
under section 2 of the Act of September 30, 1950 (Public Law
874, 81st Congress) as such section was in effect on September
30, 1994; or
``(B) for fiscal year 1996 shall not be less than 85
percent of the amount such agency received for fiscal year 1995
under subsection (b).
``(2) Ratable reductions.--(A)(i) If necessary in order to make
payments to local educational agencies in accordance with paragraph
(1) for any fiscal year, the Secretary first shall ratably reduce
payments under subsection (b) for such year to local educational
agencies that do not receive a payment under this subsection for
such year.
``(ii) If additional funds become available for making payments
under subsection (b) for such year, then payments that were reduced
under clause (i) shall be increased on the same basis as such
payments were reduced.
``(B)(i) If the sums made available under this title for any
fiscal year are insufficient to pay the full amounts that all local
educational agencies in all States are eligible to receive under
paragraph (1) after the application of subparagraph (A) for such
year, then the Secretary shall ratably reduce payments under
paragraph (1) to all such agencies for such year.
``(ii) If additional funds become available for making payments
under paragraph (1) for such fiscal year, then payments that were
reduced under clause (i) shall be increased on the same basis as
such payments were reduced.''.
SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS.
(a) Payments.--Notwithstanding any other provision of law--
(1) the Bonesteel-Fairfax School District Number 26-5, South
Dakota, and the Wagner Community School District Number 11-4, South
Dakota, shall be eligible to apply for payment for fiscal year 1994
under section 3(d)(2)(B) of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such section was in effect on September
30, 1994); and
(2) the Secretary of Education shall use a subgroup of 10 or
more generally comparable local educational agencies for the
purpose of calculating a payment described in paragraph (1) for a
local educational agency described in such paragraph.
(b) Application.--In order to be eligible to receive a payment
described in subsection (a), a school district described in such
subsection shall apply for such payment within 30 days after the date
of enactment of this Act.
(c) Construction.--Nothing in this section shall be construed to
require a local educational agency that received a payment under
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such section was in effect on September 30, 1994)
for fiscal year 1994 to return such payment or a portion of such
payment to the Federal Government.
SEC. 3. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN RESIDING ON
MILITARY INSTALLATION HOUSING UNDERGOING RENOVATION.
(a) In General.--Section 8003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended by adding at the
end the following new paragraph:
``(4) Military installation housing undergoing renovation.--For
purposes of computing the amount of a payment for a local
educational agency for children described in paragraph (1)(D)(i),
the Secretary shall consider such children to be children described
in paragraph (1)(B) if the Secretary determines, on the basis of a
certification provided to the Secretary by a designated
representative of the Secretary of Defense, that such children
would have resided in housing on Federal property in accordance
with paragraph (1)(B) except that such housing was undergoing
renovation on the date for which the Secretary determines the
number of children under paragraph (1).''.
(b) Effective Date.--Paragraph (4) of section 8003(a) of the
Elementary and Secondary Education Act of 1965, as added by subsection
(a), shall apply with respect to fiscal years after fiscal year 1995.
SEC. 4. COMPUTATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN IN STATES WITH ONLY ONE LOCAL EDUCATIONAL
AGENCY.
(a) In General.--Section 8003(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)) is amended by adding at the
end the following new paragraph:
``(3) States with only one local educational agency.--
``(A) In general.--In any of the 50 States of the United
States in which there is only one local educational agency, the
Secretary shall, for purposes of paragraphs (1)(B), (1)(C), and
(2) of this subsection, and subsection (e), consider each
administrative school district in the State to be a separate
local educational agency.
``(B) Computation of maximum amount of basic support
payment and threshold payment.--In computing the maximum
payment amount under paragraph (1)(C) and the learning
opportunity threshold payment under paragraph (2)(B) for an
administrative school district described in subparagraph (A)--
``(i) the Secretary shall first determine the maximum
payment amount and the total current expenditures for the
State as a whole; and
``(ii) the Secretary shall then--
``(I) proportionately allocate such maximum payment
amount among the administrative school districts on the
basis of the respective weighted student units of such
districts; and
``(II) proportionately allocate such total current
expenditures among the administrative school districts
on the basis of the respective number of students in
average daily attendance at such districts.''.
(b) Effective Date.--Paragraph (3) of section 8003(b) of the
Elementary and Secondary Education Act of 1965, as added by subsection
(a), shall apply with respect to fiscal years after fiscal year 1994.
SEC. 5. DATA AND DETERMINATION OF AVAILABLE FUNDS.
(a) Data.--Paragraph (4) of section 8003(f) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)) is amended--
(1) in the heading, by striking ``Current year'';
(2) by amending subparagraph (A) to read as follows:
``(A) shall use student, revenue, and tax data from the
second fiscal year preceding the fiscal year for which the
local educational agency is applying for assistance under this
subsection;''; and
(3) in subparagraph (B), by striking ``such year'' and
inserting ``the fiscal year for which the local educational agency
is applying for assistance under this subsection''.
(b) Determination of Available Funds.--Paragraph (3) of section
8003(f) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(f)) is amended--
(1) in the matter preceding subclause (I) of subparagraph
(A)(iii), by inserting ``, except as provided in subparagraph
(C),'' after ``but''; and
(2) by adding at the end the following new subparagraph:
``(C) Determination of available funds.--When determining
the amount of funds available to the local educational agency
for current expenditures for purposes of subparagraph (A)(iii)
for a fiscal year, the Secretary shall include, with respect to
the local educational agency's opening cash balance for such
fiscal year, the portion of such balance that is the greater
of--
``(i) the amount that exceeds the maximum amount of
funds for current expenditures that the local educational
agency was allowed by State law to carry over from the
prior fiscal year, if State restrictions on such amounts
were applied uniformly to all local educational agencies in
the State; or
``(ii) the amount that exceeds 30 percent of the local
educational agency's operating costs for the prior fiscal
year.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to fiscal years after fiscal year 1996.
SEC. 6. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702) (as amended by section 1) is further amended by adding
at the end thereof the following new subsection:
``(i) Priority Payments.--Notwithstanding subsection (b)(1)(B), and
for any fiscal year beginning with fiscal year 1997 for which the
amount appropriated to carry out this section exceeds the amount so
appropriated for fiscal year 1996, the Secretary shall first use such
excess amount to increase the payment that would otherwise be made
under this section to not more than 50 percent of the maximum amount
determined under subsection (b) for any local educational agency that--
``(1) received a payment under this section for fiscal year
1996;
``(2) serves a school district that contains all or a portion
of a United States military academy;
``(3) serves a school district in which the local tax assessor
has certified that at least 60 percent of the real property is
federally owned; and
``(4) demonstrates to the satisfaction of the Secretary that
such agency's per-pupil revenue derived from local sources for
current expenditures is not less than that revenue for the
preceding fiscal year.''.
SEC. 7. TREATMENT OF IMPACT AID PAYMENTS.
(a) In General.--The Secretary of Education shall treat any State
as having met the requirements of section 5(d)(2)(A) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) for fiscal year 1991
(as such section was in effect for such fiscal year), and as not having
met those requirements for each of the fiscal years 1992, 1993, and
1994 (as such section was in effect for fiscal year 1992, 1993, and
1994, respectively), if--
(1) the State's program of State aid was not certified by the
Secretary under section 5(d)(2)(C)(i) of the Act of September 30,
1950 (Public Law 874, 81st Congress) for any fiscal year prior to
fiscal year 1991;
(2) the State submitted timely notice under that section of the
State's intention to seek that certification for fiscal year 1991;
(3) the Secretary determined that the State did not meet the
requirements of section 5(d)(2)(A) of such Act for fiscal year
1991; and
(4) the State made a payment to each local educational agency
in the State (other than a local educational agency that received a
payment under section 3(d)(2)(B) of such Act for fiscal year 1991)
in an amount equal to the difference between the amount such agency
received under such Act for fiscal year 1991 and the amount such
agency would have received under such Act for fiscal year 1991 if
payments under such Act had not been taken into consideration in
awarding State aid to such agencies for fiscal year 1991.
(b) Repayment Not Required.--Notwithstanding any other provision of
law, any local educational agency in a State that meets the
requirements of paragraphs (1) through (4) of subsection (a) and that
received funds under section 3(d)(2)(B) of the Act of September 30,
1950 (Public Law 874, 81st Congress) for fiscal year 1991 (as such
section was in effect for such fiscal year) shall not, by virtue of
subsection (a), be required to repay those funds to the Secretary of
Education.
SEC. 8. SPECIAL RULE RELATING TO AVAILABILITY OF FUNDS FOR THE LOCAL
EDUCATIONAL AGENCY SERVING THE NORTH HANOVER TOWNSHIP
PUBLIC SCHOOLS, NEW JERSEY, UNDER PUBLIC LAW 874, 81ST
CONGRESS.
The Secretary of Education shall not consider any funds that the
Secretary of Education determines the local educational agency serving
the North Hanover Township Public Schools, New Jersey, has designated
for a future liability under an early retirement incentive program as
funds available to such local educational agency for purposes of
determining the eligibility of such local educational agency for a
payment for fiscal year 1994, or the amount of any such payment, under
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874,
81st Congress), as such section was in effect for such fiscal year.
SEC. 9. CORRECTED LOCAL CONTRIBUTION RATE.
(a) Computation.--The Secretary of Education shall compute a
payment for a local educational agency under the Act of September 30,
1950 (Public Law 874, 81st Congress) for each of the fiscal years 1991
through 1994 (as such Act was in effect for each of those fiscal years,
as the case may be) using a corrected local contribution rate based on
generally comparable school districts, if--
(1) an incorrect local contribution rate was submitted to the
Secretary of Education by the State in which such agency is
located, and the incorrect local contribution rate was verified as
correct by the Secretary of Education; and
(2) the corrected local contribution rate is subject to review
by the Secretary of Education.
(b) Payment.--Using funds appropriated under the Act of September
30, 1950 (Public Law 874, 81st Congress) for fiscal years 1991 through
1994 that remain available for obligation (if any), the Secretary of
Education shall make payments based on the computations described in
subsection (a) to the local educational agency for such fiscal years.
SEC. 10. STATE EQUALIZATION PLANS.
Subparagraph (A) of section 8009(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7709(b)(2)) is amended by
striking ``more than'' and all that follows through the period and
inserting ``more than 25 percent.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Elementary and Secondary Education Act of 1965 (ESEA) with respect to impact aid programs.
(Sec. 1) Adds a hold harmless provision relating to Federal acquisition of real property, whereby no eligible local educational agency (LEA) shall receive less than 85 percent of the preceding year's amount in payment for any fiscal year.
(Sec. 2) Makes two specified school districts in South Dakota eligible to apply for certain increased payments.
(Sec. 3) Provides that children who would have resided in military installation housing on Federal property, if such property were not undergoing renovation on the date of eligibility determination, shall be considered eligible federally connected children for purposes of impact aid payments to LEAs.
(Sec. 4) Sets forth requirements for the method of computation of impact aid payments with respect to eligible federally connected children in States with only one LEA.
(Sec. 5) Revises certain provisions relating to data and determination of available funds of LEAs.
(Sec. 6) Provides for priority payments relating to Federal property. Directs the Secretary of Education to first use certain excess amounts to make increased payments for any LEA that: (1) received a specified payment FY 1996; (2) serves a school district that contains all or a portion of a U.S. military academy; (3) serves a school district in which the local tax assessor has certified that at least 60 percent of the real property is federally owned; and (4) demonstrates to the satisfaction of the Secretary that such agency's per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.
(Sec. 7) Sets forth requirements relating to the Secretary's treatment of certain impact aid payments. Prohibits the Secretary from requiring repayment of such payments in certain cases.
(Sec. 8) Sets forth a special rule relating to availability of funds for a certain LEA in New Jersey, under specified Federal law relating to impact aid.
(Sec. 9) Directs the Secretary to compute certain impact aid payments to LEAs on the basis of a corrected local contribution rate, under specified conditions.
(Sec. 10) Amends ESEA with respect to State equalization plans. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mid-Atlantic Energy and Jobs Act of
2012''.
SEC. 2. LEASE SALE 220 AND OTHER LEASE SALES IN THE MID-ATLANTIC
PLANNING AREA.
(a) Inclusion in Leasing Programs.--The Secretary of the Interior
shall--
(1) upon enactment of this Act, revise the proposed Outer
Continental Shelf oil and gas leasing program for the 2012-2017
period to include in such program Lease Sale 220 off the coast
of Virginia; and
(2) include the Outer Continental Shelf off the coast of
Virginia in the leasing program for each 5-year period after
the 2012-2017 period.
(b) Conduct of Lease Sales.--As soon as practicable, but not later
than 1 year after the date of enactment of this Act, the Secretary of
the Interior shall carry out under section 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337)--
(1) Lease Sale 220; and
(2) lease sales for any other areas of the Outer
Continental Shelf that are included in the Mid-Atlantic
planning area as a result of the map revision required under
section 5.
SEC. 3. PROTECTION OF MILITARY OPERATIONS.
(a) Prohibition.--No person may engage in any exploration,
development, or production of oil or natural gas off the coast of
Virginia that would conflict with any military operation, as determined
in accordance with the Memorandum of Agreement between the Department
of Defense and the Department of the Interior on Mutual Concerns on the
Outer Continental Shelf signed July 20, 1983, and any revision or
replacement for that agreement that is agreed to by the Secretary of
Defense and the Secretary of the Interior after that date but before
the date of issuance of the lease under which such exploration,
development, or production is conducted.
(b) Review and Updating of MOA.--The Secretary of the Interior and
the Secretary of Defense shall periodically review and revise such
memorandum of agreement to account for new offshore energy production
technologies, including those that use wind energy.
SEC. 4. REVENUE SHARING.
(a) In General.--Notwithstanding section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of
this section, for each applicable fiscal year, the Secretary of the
Treasury shall deposit--
(1) 50 percent of any qualified revenues in the general
fund of the Treasury; and
(2) 50 percent of any qualified revenues in a special
account in the Treasury for use in accordance with subsection
(b).
(b) Disposition of Revenues to State.--Of the qualified revenues
deposited under subsection (a)(2)--
(1) 75 percent shall be disbursed to the Mid-Atlantic State
from the administrative planning area of which the qualified
revenues were generated, based on the map referred to in
section 5 (as revised under that section, except as provided in
section 5(b)); and
(2) 25 percent shall be used, at the discretion of the
Governor of such State--
(A) for environmental cleanup and restoration
purposes within that State; and
(B) to enhance the ability of the public to access
public lands within that State.
(c) Definitions.--In this section--
(1) the term ``Mid-Atlantic State'' means each of the
States of Delaware, North Carolina, Maryland, and Virginia; and
(2) the term ``qualified revenues'' means bonus bids,
rental payments, and royalties received by the United States
for leases of areas of the Outer Continental Shelf off the
coast of a Mid-Atlantic State for exploration, development, and
production of oil and gas or wind power.
SEC. 5. OCS ADMINISTRATIVE PLANNING AREAS MID-ATLANTIC STATES.
(a) Revision of Map.--Subject to subsection (b), the Secretary of
the Interior, acting through the Bureau of Ocean Energy Management,
shall revise the map entitled ``Atlantic NAD 83 Federal Outer
Continental Shelf (OCS) Administrative Boundaries'' and dated January
2010, to make the best effort to ensure that the northern and southern
boundaries of the Outer Continental Shelf administrative planning area
of each Mid-Atlantic State extends from the coastal shoreline at the
northern and southern borders, respectively, of such State to the outer
boundary of the Exclusive Economic Zone.
(b) Limitation.--Nothing in this section affects any administrative
planning area for purposes of Lease Sale 220.
(c) Definition of Mid-Atlantic State.--In this section, the term
``Mid-Atlantic State'' means each of the States of Delaware, North
Carolina, Maryland, and Virginia.
SEC. 6. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.
(a) Offshore Meteorological Project Permitting.--
(1) In general.--The Secretary of the Interior shall by
regulation require that any applicant seeking to conduct an
offshore meteorological site testing and monitoring project on
the outer Continental Shelf (as that term is defined in the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.))
must obtain a permit and right of way for the project in
accordance with this subsection.
(2) Permit and right-of-way timeline and conditions.--
(A) Deadline for approval.--The Secretary shall
decide whether to issue a permit and right of way for
an offshore meteorological site testing and monitoring
project within 30 days after receiving an application.
(B) Public comment and consultation.--During the
period referred to in subparagraph (A), the Secretary
shall--
(i) provide an opportunity for submission
of comments by the public; and
(ii) consult with the Secretary of Defense,
the Commandant of the Coast Guard, and the
heads of other Federal, State, and local
agencies that would be affected by issuance of
the permit and right of way.
(C) Denial of permit; opportunity to remedy
deficiencies.--If the application is denied, the
Secretary shall provide the applicant--
(i) in writing, clear and comprehensive
reasons why the application was not approved
and detailed information concerning any
deficiencies in the application; and
(ii) an opportunity to remedy such
deficiencies.
(b) NEPA Exclusion.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply
with respect to an offshore meteorological site testing and monitoring
project.
(c) Protection of Information.--The information provided to the
Secretary of the Interior pursuant to subsection (d)(3) shall be
treated by the Secretary as proprietary information and protected
against disclosure.
(d) Definition of an Offshore Meteorological Site Testing and
Monitoring Project.--In this section, the term ``offshore
meteorological site testing and monitoring project'' means a project
carried out on or in the waters of the Outer Continental Shelf
administered by the Department of the Interior to test or monitor
weather (including wind, tidal, current, and solar energy) using
towers, buoys, or other temporary ocean infrastructure, that--
(1) causes--
(A) less than 1 acre of surface or seafloor
disruption at the location of each meteorological tower
or other device; and
(B) not more than 5 acres of surface or seafloor
disruption within the proposed area affected by for the
project (including hazards to navigation);
(2) is decommissioned not more than 5 years after the date
of commencement of the project, including--
(A) removal of towers, buoys, or other temporary
ocean infrastructure from the project site; and
(B) restoration of the project site to
approximately the original condition of the site; and
(3) provides meteorological information obtained by the
project to the Secretary of the Interior. | Mid-Atlantic Energy and Jobs Act of 2012 - Directs the Secretary of the Interior (Secretary) to include: (1) Lease Sale 220 off the coast of Virginia in the proposed Outer Continental Shelf (OCS) oil and gas leasing program for the 2012-2017 period, and (2) the OCS off the coast of Virginia in the leasing program for each 5-year period after the 2012-2017 period.
Directs the Secretary to implement within one year after enactment of this Act: (1) Lease Sale 220; and (2) lease sales for any other OCS areas in the Mid-Atlantic planning area as a result of the map revision specified in this Act.
Prohibits oil or natural gas exploration, development, or production off the coast of Virginia that would conflict with any military operation.
Prescribes revenue sharing procedures that require the Secretary of the Treasury to deposit 50% of qualified revenues in: (1) the general fund of the Treasury, and (2) 50% of qualified revenues in a special Treasury account.
Requires disbursement of: (1) 75% of such qualified revenues to the Mid-Atlantic state from the administrative planning area that generated the qualified revenues; and (2) 25% at the discretion of the governor of such state for environmental cleanup, restoration, and enhanced public access to public lands.
Instructs the Secretary, acting through the Bureau of Ocean Energy Management, to revise a specified map to make the best effort to ensure that the northern and southern boundaries of the OCS administrative planning area of each Mid-Atlantic state extends from the coastal shoreline at the northern and southern borders, respectively, of the state to the outer boundary of the Exclusive Economic Zone.
Directs the Secretary to: (1) require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the OCS obtain a permit and right-of-way; (2) determine whether to issue such a permit and right-of-way within 30 days after receiving an application; (3) provide an opportunity for submission of comments by the public; (4) consult with the Secretary of Defense (DOD), the Commandant of the Coast Guard, and the heads of other federal, state, and local agencies affected by issuance of the permit; and (5) provide an applicant the opportunity to remedy deficiencies in a permit application that was denied. Exempts projects determined by the Secretary to be an offshore meteorological site testing and monitoring project from environmental impact statement requirements under the National Environmental Policy Act of 1969 (NEPA).
Defines an "offshore meteorological site testing and monitoring project" as a project administered by the Department of the Interior and carried out on or in the waters of the OCS to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure and that: (1) causes less than one acre of surface or seafloor disruption at the location of each meteorological tower or other device and no more than five acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation); (2) is decommissioned within five years of its commencement; and (3) provides meteorological information to the Secretary. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Initiative Act of
2006''.
SEC. 2. OFFICE OF RURAL BROADBAND INITIATIVES.
(a) In General.--Title VI of the Rural Electrification Act of 1936
(7 U.S.C. 950bb) is amended--
(1) by redesignating section 601 as section 603; and
(2) by inserting before section 603 the following:
``SEC. 601. DEFINITIONS.
``In this title:
``(1) Office.--The term `Office' means the Office of Rural
Broadband Initiatives established by section 602(a)(1).
``(2) Under secretary.--The term `Under Secretary' means
the Under Secretary for Rural Broadband Initiatives appointed
under section 602(a)(2).
``SEC. 602. OFFICE OF RURAL BROADBAND INITIATIVES.
``(a) Establishment.--
``(1) In general.--There is established in the Department
of Agriculture an office to be known as the `Office of Rural
Broadband Initiatives'.
``(2) Under secretary.--The head of the Office shall be the
Under Secretary for Rural Broadband Initiatives, who shall--
``(A) be appointed by the President, by and with
the advice and consent of the Senate; and
``(B) report directly to the Secretary.
``(b) Responsibilities.--
``(1) In general.--The Under Secretary shall--
``(A) as of the date of enactment of this section,
administer all rural broadband-related grant and loan
programs previously administered by the Administrator
of the Rural Utilities Service, including--
``(i) the rural broadband access loan and
loan guarantee program established under
section 603; and
``(ii) the Community Connect Grant Program
described in subpart A of part 1739 of title 7,
Code of Federal Regulations (or successor
regulations).
``(2) Requirements.--The Under Secretary shall--
``(A) conduct extensive, nationwide outreach to
rural areas;
``(B) foster the development of a comprehensive
rural broadband strategic vision;
``(C) plan coordination of Federal resources for
State, regional, and local governments to assist
citizens living and working in rural areas;
``(D) assess all relevant technologies (including
WiFi, WIMAX, DSL, cable, satellite, fiber, optical
fiber, and broadband) over power lines, as the
technologies are able to support in whole or in part
rural broadband needs and requirements;
``(E) serve as a single information source for all
rural broadband programs and services administered by
Federal agencies; and
``(F) provide technical assistance to State,
regional, and local governments to develop broadband
deployment strategies.
``(c) Comprehensive Rural Broadband Strategy.--
``(1) In general.--Not later than 180 days after the
appointment of the first Under Secretary, the Under Secretary
shall submit to the President and Congress a report describing
comprehensive rural broadband strategy that includes--
``(A) recommendations--
``(i) to promote interagency coordination
of Federal agencies in regards to policies,
procedures, and targeted resources, and to
improve and streamline the polices, programs,
and services;
``(ii) to coordinate among Federal agencies
regarding existing rural broadband or rural
initiatives that could be of value to rural
broadband development;
``(iii) to address both short- and long-
term solutions and needs assessments for a
rapid build-out of rural broadband solutions
and applications for Federal, State, regional,
and local government policy makers;
``(iv) to identify how specific Federal
agency programs and resources can best respond
to rural broadband requirements and overcome
obstacles that currently impede rural broadband
deployment; and
``(v) to promote successful model
deployments and appropriate technologies being
used in rural areas so that State, regional,
and local governments can benefit from the
cataloging and successes of other State,
regional, and local governments; and
``(B) a description of goals and timeframes to
achieve the strategic plans and visions identified in
the report.
``(2) Updates.--The Under Secretary shall update and
evaluate the report described in paragraph (1) on an annual
basis.
``(d) National Rural Broadband Innovation Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund, to be known as the
`National Rural Broadband Innovation Fund' (referred to in this
subsection as the `Fund'), consisting of--
``(A) such amounts as are appropriated to the Fund
under paragraph (5); and
``(B) any interest earned on investment of amounts
in the Fund under paragraph (4).
``(2) Use of fund.--
``(A) In general.--The Under Secretary shall use
the amounts in the Fund to fund experimental and pilot
rural broadband projects and applications, including
WiFi, WIMAX, DSL, cable, satellite, fiber, optical
fiber, and broadband delivery over power lines.
``(B) Report.--Not later than 90 days after the
date of appointment of the first Under Secretary, the
Under Secretary shall submit to Congress a report that
describes--
``(i) proposed rules for the administration
of the Fund; and
``(ii) proposed qualification guidelines
for projects to receive funding under this
subsection.
``(3) Expenditures from fund.--
``(A) In general.--Subject to subparagraph (B), on
request by the Under Secretary, the Secretary of the
Treasury shall transfer from the Fund to the Under
Secretary such amounts as the Under Secretary
determines are necessary to fund projects under
paragraph (2).
``(B) Administrative expenses.--An amount not
exceeding 10 percent of the amounts in the Fund shall
be available for each fiscal year to pay the
administrative expenses necessary to carry out this
subsection.
``(4) 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.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $20,000,000 for each of fiscal
years 2007 through 2011.
``(e) Rural Broadband Advisory Panel.--
``(1) In general.--Not later than 60 days after the date of
appointment of the first Under Secretary, the Under Secretary
shall submit to Congress a plan to establish a Rural Broadband
Advisory Panel (referred to in this subsection as the `Panel').
``(2) Chairperson.--The Panel shall be chaired by the Under
Secretary or a designee.
``(3) Membership.--The Panel shall be composed of
representatives of--
``(A) State government;
``(B) local government;
``(C) communications equipment vendors (including
broadband data service providers);
``(D) public utility services;
``(E) local exchange carriers;
``(F) wireless carriers;
``(G) satellite communications services; and
``(H) other appropriate public or private sector
entities, as determined by the Under Secretary.
``(4) Meetings.--The Panel shall meet not less than 4 times
each year.
``(5) Duties.--The Advisory Panel shall--
``(A) assist the Under Secretary in updating the
annual report described in subsection (c)(2);
``(B) evaluate the effectiveness of all Federal
broadband assistance programs and policies aimed at
fostering broadband access in rural and underserved
areas;
``(C) evaluate best practices employed at the State
and local government level to foster broadband access
in rural and underserved areas; and
``(D) cooperate with the Under Secretary in
addressing and evaluating issues determined by the
Under Secretary to be critical to fostering broadband
access and connectivity in rural and underserved areas.
``(f) Web-Based Clearinghouse.--The Under Secretary shall establish
a comprehensive and interactive rural broadband Web-based clearinghouse
that describes options, opportunities, resources, successful public-
private partnerships, comprehensive funding sources, and technology
tutorials for rural broadband, including--
``(1) case studies;
``(2) descriptions of best practices;
``(3) assessments of various technology solutions;
``(4) feasibility studies;
``(5) applications, including telework, telemedicine,
distance learning, training, homeland security, senior citizen
connectivity and program development, and business and economic
development;
``(6) rural broadband options and policies analysis; and
``(7) support for networks among rural communities and
economic development agencies.''.
(b) Conforming Amendments.--Section 603 of the Rural
Electrification Act of 1936 (as redesignated by subsection (a)(1)) is
amended--
(1) in subsection (d)(2), by striking ``Administrator'' and
inserting ``Under Secretary''; and
(2) in subsection (i)--
(A) by striking ``Administrator'' each place it
appears and inserting ``Under Secretary'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) by striking ``Not later than'' and inserting
the following:
``(1) In general.--Not later than''; and
(D) by adding at the end the following:
``(2) Rules revision.--
``(A) In general.--Not later than 60 days after the
date of appointment of the first Under Secretary, the
Under Secretary shall submit to Congress a revision of
the rules and qualification criteria for the loan and
loan guarantee program under this section.
``(B) Requirements.--In preparing the revision, the
Under Secretary shall--
``(i) emphasize streamlining the
application process and processing time;
``(ii) ensure that the financial
requirements for applicants do not unduly
disqualify applicants that have demonstrated a
viable business plan; and
``(iii) not diminish the mission of the
program to deliver broadband service to
underserved rural areas.''.
SEC. 3. SUFFICIENCY OF RESOURCES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Agriculture shall submit to Congress a
report describing the resources and staff necessary to carry out this
Act and the amendments made by this Act.
(b) Preparation of Report.--The Secretary shall provide the Office
for Emergency Communications the resources and staff necessary to carry
out this section.
(c) Comptroller General Review.--
(1) In general.--The Comptroller General of the United
States shall review the report submitted under subsection (a)
for validity.
(2) Report.--Not later than 30 days after the date on which
the report is submitted under subsection (a), the Comptroller
General of the United States shall submit to Congress a report
containing the findings of the review under paragraph (1). | Rural Broadband Initiative Act of 2006 - Amends the Rural Electrification Act of 1936 to establish in the Department of Agriculture the Office of Rural Broadband Initiatives, to be headed by the Under Secretary for Rural Broadband Initiatives.
States that the Under Secretary shall: (1) administer all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service, including the rural broadband access loan and loan guarantee program and the community connect grant program; (2) conduct rural outreach; (3) foster development of a comprehensive rural broadband strategic vision; (4) assess relevant technologies; (5) serve as a single information source for all federal rural broadband programs and services; and (6) provide technical assistance to state, regional, and local governments to develop broadband deployment strategies.
Directs the Under Secretary to submit a comprehensive rural broadband strategy report to the President and to Congress. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeting Child Predators Act of
2017''.
SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS.
Section 3486(a) of title 18, United States Code, is amended--
(1) by striking ``the Secretary of the Treasury'' each
place it appears and inserting ``the Secretary of Homeland
Security'';
(2) in paragraph (5), by striking ``ordered by a court'';
and
(3) in paragraph (6)--
(A) in subparagraph (A), by striking ``A United
States'' and inserting ``Except as provided in
subparagraph (D), a United States''; and
(B) by adding at the end the following:
``(D)(i)(I) If a subpoena issued under this section as described in
paragraph (1)(A)(i)(II) is accompanied by a certification under
subclause (II) and notice of the right to judicial review under clause
(iii), no recipient of such a subpoena shall disclose to any person
that the Federal official who issued the subpoena has sought or
obtained access to information or records under this section, for a
period of 180 days.
``(II) The requirements of subclause (I) shall apply if the Federal
official who issued the subpoena certifies that the absence of a
prohibition of disclosure under this subsection may result in--
``(aa) endangering the life or physical safety of an
individual;
``(bb) flight from prosecution;
``(cc) destruction of or tampering with evidence;
``(dd) intimidation of potential witnesses; or
``(ee) otherwise seriously jeopardizing an investigation.
``(ii)(I) A recipient of a subpoena under this section as described
in paragraph (1)(A)(i)(II) may disclose information otherwise subject
to any applicable nondisclosure requirement to--
``(aa) those persons to whom disclosure is necessary in
order to comply with the request;
``(bb) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(cc) other persons as permitted by the Federal official
who issued the subpoena.
``(II) A person to whom disclosure is made under subclause (I)
shall be subject to the nondisclosure requirements applicable to a
person to whom a subpoena is issued under this section in the same
manner as the person to whom the subpoena was issued.
``(III) Any recipient that discloses to a person described in
subclause (I) information otherwise subject to a nondisclosure
requirement shall notify the person of the applicable nondisclosure
requirement.
``(IV) At the request of the Federal official who issued the
subpoena, any person making or intending to make a disclosure under
item (aa) or (cc) of subclause (I) shall identify to the individual
making the request under this clause the person to whom such disclosure
will be made or to whom such disclosure was made prior to the request.
``(iii)(I) A nondisclosure requirement imposed under clause (i)
shall be subject to judicial review under section 3486A.
``(II) A subpoena issued under this section as described in
paragraph (1)(A)(i)(II), in connection with which a nondisclosure
requirement under clause (i) is imposed, shall include notice of the
availability of judicial review described in subclause (I).
``(iv) A nondisclosure requirement imposed under clause (1) may be
extended in accordance with section 3486A(a)(4).''.
SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS.
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by inserting after section 3486 the following:
``Sec. 3486A. Judicial review of nondisclosure requirements
``(a) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a subpoena under
section 3486 as described in subsection
(a)(1)(A)(i)(II) of section 3486 wishes to have a court
review a nondisclosure requirement imposed in
connection with the subpoena, the recipient may notify
the Government or file a petition for judicial review
in any court described in subsection (a)(5) of section
3486.
``(B) Application.--Not later than 30 days after
the date of receipt of a notification under
subparagraph (A), the Government shall apply for an
order prohibiting the disclosure of the existence or
contents of the relevant subpoena. An application under
this subparagraph may be filed in the district court of
the United States for the judicial district in which
the recipient of the subpoena is doing business or in
the district court of the United States for any
judicial district within which the authorized
investigation that is the basis for the subpoena is
being conducted. The applicable nondisclosure
requirement shall remain in effect during the pendency
of proceedings relating to the requirement.
``(C) Consideration.--A district court of the
United States that receives a petition under
subparagraph (A) or an application under subparagraph
(B) should rule expeditiously, and shall, subject to
paragraph (3), issue a nondisclosure order that
includes conditions appropriate to the circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof or a response to a
petition filed under paragraph (1) shall include a
certification from the Federal official who issued the subpoena
indicating that the absence of a prohibition of disclosure
under this subsection may result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure order or extension thereof under
this subsection if the court determines that there is reason to
believe that disclosure of the information subject to the
nondisclosure requirement during the applicable time period may
result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation.
``(4) Extension.--Upon a showing that the circumstances
described in subparagraphs (A) through (E) of paragraph (3)
continue to exist, a district court of the United States may
issue an ex parte order extending a nondisclosure order imposed
under this subsection or under section 3486(a)(6)(D) for
additional periods of 180 days, or, if the court determines
that the circumstances necessitate a longer period of
nondisclosure, for additional periods which are longer than 180
days.
``(b) Closed Hearings.--In all proceedings under this section,
subject to any right to an open hearing in a contempt proceeding, the
court must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report, or other
information made to any person or entity under section 3486. Petitions,
filings, records, orders, certifications, and subpoenas must also be
kept under seal to the extent and as long as necessary to prevent the
unauthorized disclosure of a subpoena under section 3486.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by inserting
after the item relating to section 3486 the following:
``3486A. Judicial review of nondisclosure requirements.''. | Targeting Child Predators Act of 2017 This bill amends the federal criminal code to add new provisions with respect to a nondisclosure requirement issued in connection with an administrative subpoena in a child exploitation or abuse investigation. The bill modifies the process for issuing a nondisclosure requirement in a child exploitation or abuse investigation and lengthens the period of time during which a recipient of an administrative subpoena is prohibited from disclosure. It also subjects a nondisclosure requirement to judicial review, requires the administrative subpoena to include notice of the availability of judicial review, and establishes a process for judicial review. | billsum_train |
Give a brief overview of the following text: SECTION 1. ADDITIONAL PROCLAMATION AUTHORITY.
The United States-Israel Free Trade Area Implementation Act of 1985
(19 U.S.C. 2112 note) is amended by adding at the end the following new
section:
``SEC. 9. ADDITIONAL PROCLAMATION AUTHORITY.
``(a) Elimination or Modifications of Duties.--The President is
authorized to proclaim elimination or modification of any existing duty
as the President determines is necessary to exempt any article from
duty if--
``(1) that article is wholly the growth, product, or
manufacture of the West Bank, the Gaza Strip, or a qualifying
industrial zone or is a new or different article of commerce that
has been grown, produced, or manufactured in the West Bank, the
Gaza Strip, or a qualifying industrial zone;
``(2) that article is imported directly from the West Bank, the
Gaza Strip, Israel, or a qualifying industrial zone; and
``(3) the sum of--
``(A) the cost or value of the materials produced in the
West Bank, the Gaza Strip, Israel, or a qualifying industrial
zone, plus
``(B) the direct costs of processing operations performed
in the West Bank, the Gaza Strip, Israel, or a qualifying
industrial zone,
is not less than 35 percent of the appraised value of the product
at the time it is entered into the United States.
For purposes of determining the 35 percent content requirement
contained in paragraph (3), the cost or value of materials which are
used in the production of an article in the West Bank, the Gaza Strip,
or a qualifying industrial zone, and are the products of the United
States, may be counted in an amount up to 15 percent of the appraised
value of the article.
``(b) Applicability of Certain Provisions of the Agreement.--
``(1) Nonqualifying operations.--No article shall be considered
a new or different article of commerce under this section, and no
material shall be included for purposes of determining the 35
percent requirement of subsection (a)(3), by virtue of having
merely undergone--
``(A) simple combining or packaging operations, or
``(B) mere dilution with water or with another substance
that does not materially alter the characteristics of the
article or material.
``(2) Requirements for new or different article of commerce.--
For purposes of subsection (a)(1), an article is a `new or
different article of commerce' if it is substantially transformed
into an article having a new name, character, or use.
``(3) Cost or value of materials.--(A) For purposes of this
section, the cost or value of materials produced in the West Bank,
the Gaza Strip, or a qualifying industrial zone includes--
``(i) the manufacturer's actual cost for the materials;
``(ii) when not included in the manufacturer's actual cost
for the materials, the freight, insurance, packing, and all
other costs incurred in transporting the materials to the
manufacturer's plant;
``(iii) the actual cost of waste or spoilage, less the
value of recoverable scrap; and
``(iv) taxes or duties imposed on the materials by the West
Bank, the Gaza Strip, or a qualifying industrial zone, if such
taxes or duties are not remitted on exportation.
``(B) If a material is provided to the manufacturer without
charge, or at less than fair market value, its cost or value shall
be determined by computing the sum of--
``(i) all expenses incurred in the growth, production, or
manufacture of the material, including general expenses;
``(ii) an amount for profit; and
``(iii) freight, insurance, packing, and all other costs
incurred in transporting the material to the manufacturer's
plant.
If the information necessary to compute the cost or value of a
material is not available, the Customs Service may ascertain or
estimate the value thereof using all reasonable methods.
``(4) Direct costs of processing operations.--(A) For purposes
of this section, the `direct costs of processing operations
performed in the West Bank, Gaza Strip, or a qualifying industrial
zone' with respect to an article are those costs either directly
incurred in, or which can be reasonably allocated to, the growth,
production, manufacture, or assembly, of that article. Such costs
include, but are not limited to, the following to the extent that
they are includible in the appraised value of articles imported
into the United States:
``(i) All actual labor costs involved in the growth,
production, manufacture, or assembly of the article, including
fringe benefits, on-the-job training, and costs of engineering,
supervisory, quality control, and similar personnel.
``(ii) Dies, molds, tooling, and depreciation on machinery
and equipment which are allocable to the article.
``(iii) Research, development, design, engineering, and
blueprint costs insofar as they are allocable to the article.
``(iv) Costs of inspecting and testing the article.
``(B) Those items that are not included as direct costs of
processing operations with respect to an article are those which
are not directly attributable to the article or are not costs of
manufacturing the article. Such items include, but are not limited
to--
``(i) profit; and
``(ii) general expenses of doing business which are either
not allocable to the article or are not related to the growth,
production, manufacture, or assembly of the article, such as
administrative salaries, casualty and liability insurance,
advertising, and salesmen's salaries, commissions, or expenses.
``(5) Imported directly.--For purposes of this section--
``(A) articles are `imported directly' if--
``(i) the articles are shipped directly from the West
Bank, the Gaza Strip, a qualifying industrial zone, or
Israel into the United States without passing through the
territory of any intermediate country; or
``(ii) if shipment is through the territory of an
intermediate country, the articles in the shipment do not
enter into the commerce of any intermediate country and the
invoices, bills of lading, and other shipping documents
specify the United States as the final destination; or
``(B) if articles are shipped through an intermediate
country and the invoices and other documents do not specify the
United States as the final destination, then the articles in
the shipment, upon arrival in the United States, are imported
directly only if they--
``(i) remain under the control of the customs authority
in an intermediate country;
``(ii) do not enter into the commerce of an
intermediate country except for the purpose of a sale other
than at retail, but only if the articles are imported as a
result of the original commercial transactions between the
importer and the producer or the producer's sales agent;
and
``(iii) have not been subjected to operations other
than loading, unloading, or other activities necessary to
preserve the article in good condition.
``(6) Documentation required.--An article is eligible for the
duty exemption under this section only if--
``(A) the importer certifies that the article meets the
conditions for the duty exemption; and
``(B) when requested by the Customs Service, the importer,
manufacturer, or exporter submits a declaration setting forth
all pertinent information with respect to the article,
including the following:
``(i) A description of the article, quantity, numbers,
and marks of packages, invoice numbers, and bills of
lading.
``(ii) A description of the operations performed in the
production of the articlein the West Bank, the Gaza Strip,
a qualifying industrial zone, or Israel and identification of the
direct costs of processing operations.
``(iii) A description of any materials used in
production of the article which are wholly the growth,
product, or manufacture of the West Bank, the Gaza Strip, a
qualifying industrial zone, Israel or United States, and a
statement as to the cost or value of such materials.
``(iv) A description of the operations performed on,
and a statement as to the origin and cost or value of, any
foreign materials used in the article which are claimed to
have been sufficiently processed in the West Bank, the Gaza
Strip, a qualifying industrial zone, or Israel so as to be
materials produced in the West Bank, the Gaza Strip, a
qualifying industrial zone, or Israel.
``(v) A description of the origin and cost or value of
any foreign materials used in the article which have not
been substantially transformed in the West Bank, the Gaza
Strip, or a qualifying industrial zone.
``(c) Shipment of Articles of Israel Through West Bank or Gaza
Strip.--The President is authorized to proclaim that articles of Israel
may be treated as though they were articles directly shipped from
Israel for the purposes of the Agreement even if shipped to the United
States from the West Bank, the Gaza Strip, or a qualifying industrial
zone, if the articles otherwise meet the requirements of the Agreement.
``(d) Treatment of Cost or Value of Materials.--The President is
authorized to proclaim that the cost or value of materials produced in
the West Bank, the Gaza Strip, or a qualifying industrial zone may be
included in the cost or value of materials produced in Israel under
section 1(c)(i) of Annex 3 of the Agreement, and the direct costs of
processing operations performed in the West Bank, the Gaza Strip, or a
qualifying industrial zone may be included in the direct costs of
processing operations performed in Israel under section 1(c)(ii) of
Annex 3 of the Agreement.
``(e) Qualifying Industrial Zone Defined.--For purposes of this
section, a `qualifying industrial zone' means any area that--
``(1) encompasses portions of the territory of Israel and
Jordan or Israel and Egypt;
``(2) has been designated by local authorities as an enclave
where merchandise may enter without payment of duty or excise
taxes; and
``(3) has been specified by the President as a qualifying
industrial zone.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the United States-Israel Free Trade Area Implementation Act of 1985 to authorize the President to proclaim the elimination or modification of any existing duty in order to exempt any article from duty if: (1) the article is wholly the growth, product, or manufacture of the West Bank, the Gaza Strip, or a qualifying industrial zone (defined under this Act); (2) the article is imported directly from such area or zone; and (3) the sum of the materials and processing costs of such article is not less than 35 percent of the appraised value of such product at the time it enters into the United States.
Makes an article eligible for such exemption only if: (1) its importer certifies that the article meets the exemption conditions; and (2) when requested by the Customs Service, the importer, manufacturer, or exporter submits a declaration setting forth all pertinent information with respect to such article and the requirements of this Act.
Authorizes the President to: (1) treat such articles as items of Israel for purposes of the free trade agreement entered into between the United States and Israel in 1985, as long as such articles otherwise meet agreement requirements; and (2) include the value of materials and processing costs of such articles as values and costs under such agreement. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazard Mitigation For All Act of
2009''.
SEC. 2. IN GENERAL.
Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended by adding at the end the following:
``SEC. 37. HAZARD MITIGATION FOR ALL GRANT PROGRAM.
``(a) Purposes.--The purpose of this section is to provide grant
assistance to public housing agencies for activities to--
``(1) protect the lives of residents of public and assisted
housing by mitigating in advance against natural disasters; and
``(2) improve the resilience of resident-inhabited
residential structures to withstand storms and other natural
disasters, through restoration, reconstruction, replacement, or
retrofit initiatives in advance of such storms and disasters.
``(b) Grant Authority.--To the extent amounts for grants under this
section for a fiscal year are made available in advance in
appropriations Acts, the Secretary shall make grants under this section
to public housing agencies that have submitted applications for such
grants which have been selected pursuant to subsection (h).
``(c) Eligible Public Housing Agencies.--A grant under this section
may be provided only to a public housing agency that--
``(1) administers one or more public housing projects;
``(2) provides project-based housing assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) for any rental housing project;
``(3) administers a program for tenant-based rental housing
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f); or
``(4) administers a program for tenant-based rental housing
assistance for the elderly, persons with disabilities, or the
homeless.
``(d) Eligible Activities.--Grants under this section may be used
only for predisaster activities for hazard mitigation that benefit
residents of the assisted housing of the public housing agency that is
the grantee, which shall include the following:
``(1) Improving the strength of roof deck attachments.
``(2) Creating a secondary water barrier to prevent water
intrusion.
``(3) Installing coverings to reduce leakage in the event
hurricane-force winds remove roof shingles.
``(4) Improving the survivability of the roof covering.
``(5) Bracing gable-ends in roof framing.
``(6) Reinforcing roof-to-wall connections.
``(7) Upgrading exterior wall openings with protections to
resist hurricane-force winds.
``(8) Replacing storm shutters, exterior doors, windows,
and garage doors.
``(9) Adding anchor bolts or steel plates between the
property and the foundation.
``(10) Bracing the inside of any short wood-stud wall
between the top of the foundation wall and the first floor
(known as a cripple wall) with sheathing for added protection
against an earthquake.
``(11) Any other activities as the Secretary may determine
that improve the storm resilience of assisted housing through
restoration, reconstruction, replacement, or retrofit.
``(e) Matching Requirement.--
``(1) In general.--Except as provided in paragraph (3),
each public housing agency that receives a grant under this
section shall provide, from sources other than a grant under
this section, an amount equal to not less than 25 percent of
the total funds necessary to complete an activity funded under
this section.
``(2) Supplemental funds.--For purposes of paragraph (1),
funds from other Federal sources, funds from any State or local
government source, any private contributions, and any in-kind
contributions available to comply with this subsection shall be
considered funds from sources other than a grant under this
section.
``(3) Adjustment.--The Secretary may consider the severity
and frequency of storms in the area for which the public
housing agency has jurisdiction in determining the percentage
of contribution required under paragraph (1).
``(f) Requirements.--Amounts from a grant under this section--
``(1) shall be used only to provide eligible activities for
real property that is assisted housing;
``(2) shall be used to provide eligible activities only for
residents of assisted housing whose family incomes do not
exceed 80 percent of the median income for the area;
``(3) may be used for eligible activities that result in
displacement of assisted residents only if accommodations are
provided for such assisted residents during such period of
displacement that are--
``(A) similar to the existing assisted housing of
the resident;
``(B) located in a community comparable to the
existing housing of the resident; and
``(C) a reasonable distance from the existing
housing of the resident.
``(g) Requirements for Assistance to Private Owners of Assisted
Housing.--A public housing agency receiving a grant under this section
may not provide grant amounts to an owner of assisted housing that is
not public housing unless the owner of the assisted housing agrees to
make the assisted housing units that are designated at the time of the
grant award available for occupancy, during the 5-year period beginning
upon the initial receipt of any funds from a grant under this section,
through an occupancy preference, in accordance with reasonable
admissions screening criteria developed by the public housing agency,
to families who are eligible for rental assistance under section 8.
``(h) Applications and Selection Criteria.--
``(1) Applications.--The Secretary shall provide for public
housing agencies to submit applications for a grant under this
section through the Office of Multifamily Housing Programs and
shall require, to be eligible for a grant for any fiscal year,
that an application be submitted not later than June 30 of the
fiscal year preceding the fiscal year of grant award. Such
Office shall establish such applications in consultation with
the Administrator of the Federal Emergency Management Agency.
``(2) Selection criteria.--The Office of Multifamily
Housing Programs shall establish criteria for the selection of
applications by public housing agencies for grants under this
section, which shall consider the following factors:
``(A) The severity and frequency of natural
disasters within the area in which eligible activities
are to be carried out using grant amounts.
``(B) The size and median age of the assisted
resident population within the jurisdiction of the
public housing agency applicant.
``(C) The capability of the public housing agency
applicant to administer the grant funds.
``(D) The nature and effectiveness of the eligible
activities to be carried out using the grant amounts.
``(E) The long-term viability of the hazard
mitigation improvements for which the grant amounts
will be used.
``(F) Whether energy efficient methods (such as
energy efficient storm windows) will be used in the
hazard mitigation improvements for which grant amounts
will be used.
``(G) The efforts the public housing agency has
made to publicize the importance of hazard mitigation
to local owners of assisted housing.
``(H) The extent of commitment by the public
housing agency to support ongoing non-Federal hazard
mitigation measures.
``(I) The ability of the public housing agency to
maintain eligible activities funded with grant amounts.
``(i) Allocation of Funds.--
``(1) Competitive program.--Grants from amounts made
available under this section shall be awarded on a competitive
basis subject to the criteria specified in subsection (h)(2)
and regulations issued by the Secretary.
``(2) Maximum amount.--Of any amounts made available for
any fiscal year for grants under this section, not more than 15
percent may be provided to any single public housing agency.
``(j) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Assisted housing.--The term `assisted housing' means,
with respect to a public housing agency--
``(A) any public housing administered by the
agency;
``(B) any housing for which project-based rental
assistance is provided by the agency; and
``(C) any housing occupied by a family for whom the
agency provides tenant-based rental assistance and for
rental of which such family uses such rental
assistance.
``(2) Assisted resident.--The term `assisted resident'
means--
``(A) a resident of public housing;
``(B) a resident of assisted housing described in
paragraph (1)(B) who resides in a dwelling unit for
which such project-based rental assistance is provided;
or
``(C) a family described in paragraph (1)(C).
``(3) Eligible activities.--The term `eligible activities'
means activities that, pursuant to subsection (d), may be
funded with amounts from a grant under this section.
``(k) Funding.--There is authorized to be appropriated to carry out
this section, $50,000,000 for each of fiscal years 2010 through 2013,
to remain available until expended.
``(l) Regulations.--The Secretary shall issue any regulations
necessary to carry out this section.''. | Hazard Mitigation For All Act of 2009 - Amends the United States Housing Act of 1937 to require the Secretary of Housing and Urban Development (HUD) to make grants, on a competitive basis, to eligible public housing agencies (PHAs) for 75% of the cost of predisaster hazard mitigation activities benefiting assisted housing residents.
Limits the use of such grants to eligible activities for residents of assisted housing whose family incomes do not exceed 80% of the area median income.
Authorizes eligible activities that result in displacement of assisted residents only if accommodations provided for them during the period of displacement are similar to their existing assisted housing, located in a comparable community, and only a reasonable distance from it.
Prescribes requirements for assistance to private owners of assisted housing. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal ID Act of 2017''.
SEC. 2. REPEAL OF REQUIREMENTS FOR UNIFORM STATE DRIVER'S LICENSES AND
STATE IDENTIFICATION CARDS.
(a) Repeal.--Title II of the Real ID Act of 2005 (division B of
Public Law 109-13) is amended by striking sections 201 through 205 (49
U.S.C. 30301 note).
(b) Conforming Amendments.--
(1) Criminal code.--Section 1028(a)(8) of title 18, United
States Code, is amended by striking ``false or actual
authentication features'' and inserting ``false identification
features''.
(2) Intelligence reform and terrorism prevention act of
2004.--
(A) In general.--Subtitle B of title VII of the
Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) is amended by inserting after
section 7211 the following:
``SEC. 7212. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.
``(a) Definitions.--In this section:
``(1) Driver's license.--The term `driver's license' means
a motor vehicle operator's license (as defined in section
30301(5) of title 49, United States Code).
``(2) Personal identification card.--The term `personal
identification card' means an identification document (as
defined in section 1028(d)(3) of title 18, United States Code)
that has been issued by a State.
``(b) Standards for Acceptance by Federal Agencies.--
``(1) In general.--
``(A) Limitation on acceptance.--No Federal agency
may accept, for any official purpose, a driver's
license or personal identification card newly issued by
a State more than 2 years after the promulgation of the
minimum standards under paragraph (2) unless the
driver's license or personal identification card
conforms to such minimum standards.
``(B) Date for conformance.--The Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, shall establish a date after which
no driver's license or personal identification card
shall be accepted by a Federal agency for any official
purpose unless such driver's license or personal
identification card conforms to the minimum standards
established under paragraph (2). The date shall be as
early as the Secretary determines it is practicable for
the States to comply with such date with reasonable
efforts.
``(C) State certification.--
``(i) In general.--Each State shall certify
to the Secretary of Transportation that the
State is in compliance with the requirements of
this section.
``(ii) Frequency.--Certifications under
clause (i) shall be made at such intervals and
in such a manner as the Secretary of
Transportation, with the concurrence of the
Secretary of Homeland Security, may prescribe
by regulation.
``(iii) Audits.--The Secretary of
Transportation may conduct periodic audits of
each State's compliance with the requirements
of this section.
``(2) Minimum standards.--Not later than 18 months after
the date of the enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of Homeland
Security, shall establish, by regulation, minimum standards for
driver's licenses or personal identification cards issued by a
State for use by Federal agencies for identification purposes
that shall include--
``(A) standards for documentation required as proof
of identity of an applicant for a driver's license or
personal identification card;
``(B) standards for the verifiability of documents
used to obtain a driver's license or personal
identification card;
``(C) standards for the processing of applications
for driver's licenses and personal identification cards
to prevent fraud;
``(D) standards for information to be included on
each driver's license or personal identification card,
including--
``(i) the person's full legal name;
``(ii) the person's date of birth;
``(iii) the person's gender;
``(iv) the person's driver's license or
personal identification card number;
``(v) a digital photograph of the person;
``(vi) the person's address of principal
residence; and
``(vii) the person's signature;
``(E) standards for common machine-readable
identity information to be included on each driver's
license or personal identification card, including
defined minimum data elements;
``(F) security standards to ensure that driver's
licenses and personal identification cards are--
``(i) resistant to tampering, alteration,
or counterfeiting; and
``(ii) capable of accommodating and
ensuring the security of a digital photograph
or other unique identifier; and
``(G) a requirement that a State confiscate a
driver's license or personal identification card if any
component or security feature of the license or
identification card is compromised.
``(3) Content of regulations.--The regulations required
under paragraph (2)--
``(A) shall facilitate communication between the
chief driver licensing official of a State, an
appropriate official of a Federal agency and other
relevant officials, to verify the authenticity of
documents, as appropriate, issued by such Federal
agency or entity and presented to prove the identity of
an individual;
``(B) may not infringe on a State's power to set
criteria concerning what categories of individuals are
eligible to obtain a driver's license or personal
identification card from that State;
``(C) may not require a State to comply with any
such regulation that conflicts with or otherwise
interferes with the full enforcement of State criteria
concerning the categories of individuals that are
eligible to obtain a driver's license or personal
identification card from that State;
``(D) may not require a single design to which
driver's licenses or personal identification cards
issued by all States must conform; and
``(E) shall include procedures and requirements to
protect the privacy rights of individuals who apply for
and hold driver's licenses and personal identification
cards.
``(4) Negotiated rulemaking.--
``(A) In general.--Before publishing the proposed
regulations required by paragraph (2) to carry out this
title, the Secretary of Transportation shall establish
a negotiated rulemaking process pursuant to subchapter
IV of chapter 5 of title 5, United States Code (5
U.S.C. 561 et seq.).
``(B) Representation on negotiated rulemaking
committee.--Any negotiated rulemaking committee
established by the Secretary of Transportation pursuant
to subparagraph (A) shall include representatives
from--
``(i) among State offices that issue
driver's licenses or personal identification
cards;
``(ii) among State elected officials;
``(iii) the Department of Homeland
Security; and
``(iv) among interested parties.
``(C) Time requirement.--The process described in
subparagraph (A) shall be conducted in a timely manner
to ensure that--
``(i) any recommendation for a proposed
rule or report is provided to the Secretary of
Transportation not later than 9 months after
the date of enactment of this Act and shall
include an assessment of the benefits and costs
of the recommendation; and
``(ii) a final rule is promulgated not
later than 18 months after the date of
enactment of this Act.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--Beginning
on the date a final regulation is promulgated under subsection
(b)(2), the Secretary of Transportation shall award grants to
States to assist them in conforming to the minimum standards
for driver's licenses and personal identification cards set
forth in the regulation.
``(2) Allocation of grants.--The Secretary of
Transportation shall award grants to States under this
subsection based on the proportion that the estimated average
annual number of driver's licenses and personal identification
cards issued by a State applying for a grant bears to the
average annual number of such documents issued by all States.
``(3) Minimum allocation.--Notwithstanding paragraph (2),
each State shall receive not less than 0.5 percent of the grant
funds made available under this subsection.
``(d) Extension of Effective Date.--The Secretary of Transportation
may extend the date specified under subsection (b)(1)(A) for up to 2
years for driver's licenses issued by a State if the Secretary
determines that the State made reasonable efforts to comply with the
date under such subsection but was unable to do so.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for each of the fiscal
years 2005 through 2009, such sums as may be necessary to carry out
this section.''.
(B) Effective date.--Section 7212 of the
Intelligence Reform and Terrorism Prevention Act of
2004, as added by subparagraph (A), shall take effect
as if included in the original enactment of such Act on
December 17, 2004. | Repeal ID Act of 2017 This bill repeals provisions of the REAL ID Act of 2005 that prohibit federal agencies from accepting state-issued driver's licenses or identification cards that do meet minimum specified security requirements. The bill directs the Department of Transportation (DOT) to establish minimum standards for federal agency acceptance of state-issued driver's licenses and personal identification cards for purposes of identification. A federal agency may not accept such a driver's license or identification card issued more than two years after promulgation of such standards unless it conforms with such standards. Each state shall certify to DOT that the state is in compliance with such standards. DOT shall award grants to assist states to conform driver's licenses and identification cards to such standards. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave Enhancement
Act of 2005''.
SEC. 2. ELIGIBLE EMPLOYEE.
Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each
place it appears and inserting ``fewer than 25''.
SEC. 3. ADDITIONAL ENTITLEMENT TO LEAVE FOR PARENTAL INVOLVEMENT.
(a) Leave Requirement.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end
the following new paragraph:
``(3) Entitlement to additional leave for parental
involvement.--
``(A) In general.--Subject to section 103(f), in
addition to leave available under paragraph (1), an
eligible employee shall be entitled to a total of four
hours of leave during any 30-day period, and a total of
24 hours of leave during any 12-month period to
participate in or attend an activity that--
``(i) is sponsored by a school or community
organization; and
``(ii) relates to a program of the school
or organization that is attended by a son or
daughter or a grandchild of the employee.
``(B) Definitions.--As used in this paragraph:
``(i) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.)), a Head Start program assisted under
the Head Start Act (42 U.S.C. 9831 et seq.),
and a child care facility licensed under State
law.
``(ii) Community organization.--The term
`community organization' means a private
nonprofit organization that is representative
of a community or a significant segment of a
community and provides activities for
individuals described in subparagraph (A) or
(B) of section 101(12), such as a scouting or
sports organization.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the second sentence the following new
sentence: ``Leave under subsection (a)(3)(A) may be taken
intermittently or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act
(29 U.S.C. 2612(d)(2)(A)) is amended by inserting after ``subsection
(a)(1)'' the following: ``or under subsection (a)(3)(A)''.
(d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1))
is amended by adding at the end the following new sentence: ``In any
case in which an employee requests leave under subsection (a)(3)(A),
the employee shall provide the employer with not less than seven days'
notice, before the date the leave is to begin, of the employee's
intention to take leave under such subsection.''.
(e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following new subsection:
``(f) Certification for Parental Involvement Leave.--An employer
may require that a request for leave under section 102(a)(3)(A) be
supported by a certification issued at such time and in such manner as
the Secretary may by regulation prescribe.''.
SEC. 4. ENTITLEMENT TO LEAVE FOR CIVIL SERVANTS FOR PARENTAL
INVOLVEMENT.
(a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(3)(A) Subject to section 6383(f), in addition to leave available
under paragraph (1), an employee shall be entitled to a total of four
hours of leave during any 30-day period, and a total of 24 hours of
leave during any 12-month period to participate in or attend an
activity that--
``(i) is sponsored by a school or community organization;
and
``(ii) relates to a program of the school or organization
that is attended by a son or daughter or a grandchild of the
employee.
``(B) For the purpose of this paragraph:
``(i) The term `school' means an elementary school or
secondary school (as such terms are defined in the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)),
a Head Start program assisted under the Head Start Act (42
U.S.C. 9831 et seq.), and a child care facility licensed under
State law.
``(ii) The term `community organization' means a private
nonprofit organization that is representative of a community or
a significant segment of a community and provides activities
for individuals described in subparagraph (A) or (B) of section
6381(6), such as a scouting or sports organization.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended by
inserting after the second sentence the following new sentence: ``Leave
under subsection (a)(3)(A) may be taken intermittently or on a reduced
leave schedule.''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended by inserting before ``, except'' the following: ``, or for
leave provided under subsection (a)(3)(A) any of the employee's accrued
or accumulated annual leave under subchapter I for any part of the 24-
hour period of such leave under such subsection''.
(d) Notice.--Section 6382(e)(1) of such title is amended by adding
at the end the following new sentence: ``In any case in which an
employee requests leave under subsection (a)(3)(A), the employee shall
provide the employing agency with not less than seven days' notice,
before the date the leave is to begin, of the employee's intention to
take leave under such subsection.''.
(e) Certification.--Section 6383 of such title is amended by adding
at the end the following new subsection:
``(f) An employing agency may require that a request for leave
under section 6382(a)(3)(A) be supported by a certification issued at
such time and in such manner as the Office of Personnel Management may
by regulation prescribe.''.
SEC. 5. CLARIFICATION OF ENTITLEMENT TO LEAVE.
(a) In General.--Section 102(a)(1) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612(a)(1)) and section 6382(a)(1) of title 5,
United States Code, are each amended by adding at the end the following
new subparagraphs:
``(E) In order to meet routine family medical care
needs, including transportation of a son or daughter or
a grandchild for medical and dental appointments for
annual checkups and vaccinations.
``(F) In order to meet the routine family medical
care needs of elderly individuals who are related to
the eligible employee, including visits to nursing
homes and group homes.''.
(b) Schedule.--
(1) Family and medical leave act of 1993.--The first
sentence of section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (E), or (F)''.
(2) Title 5.--The first sentence of section 6382(b)(1) of
such title is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (E), or (F)''.
(c) Substitution of Paid Leave.--
(1) Family and medical leave act of 1993.--Section
102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) (as amended
by section 3(c)) is further amended by striking ``subparagraph
(A), (B), or (C)'' and inserting ``subparagraph (A), (B), (C),
(E), or (F)''.
(2) Title 5.--Section 6382(d) of such title (as amended by
section 4(c)) is further amended by striking ``subparagraph
(A), (B), (C), or (D)'' and inserting ``subparagraph (A), (B),
(C), (D), (E), or (F)''.
(d) Notice.--
(1) Family and medical leave act of 1993.--The first
sentence of section 102(e)(1) of such Act (29 U.S.C.
2612(e)(1)) (as created by the amendment made by section 3(d))
is amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), (E), or (F)''.
(2) Title 5.--The first sentence of section 6382(e)(1) of
such title (as created by the amendment made by section 4(d))
is amended by striking ``subparagraph (A) or (B)'' and
inserting ``subparagraph (A), (B), (E), or (F)''.
(e) Spouses Employed by Same Employer.--Section 102(f)(1) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(f)(1)) is amended
by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph
(A), (B), (E), or (F)''.
(f) Certification.--
(1) Family and medical leave act of 1993.--Section 103 of
such Act (29 U.S.C. 2613) (as amended by section 3(e)) is
further amended by adding at the end the following new
subsection:
``(g) Certification for Routine Family Medical Care Needs.--An
employer may require that a request for leave under subparagraph (E) or
(F) of section 102(a)(1) be supported by a certification issued at such
time and in such manner as the Secretary may by regulation
prescribe.''.
(2) Title 5.--Section 6383 of such title (as amended by
section 4(e)) is further amended by adding at the end the
following new subsection:
``(g) An employing agency may require that a request for leave
under subparagraph (E) or (F) of section 6382(a)(1) be supported by a
certification issued at such time and in such manner as the Office of
Personnel Management may by regulation prescribe.''.
SEC. 6. DEFINITION OF GRANDCHILD.
(a) Non-Civil-Service Employees.--Section 101 of the Family and
Medical Leave Act (29 U.S.C. 2611) is amended by adding at the end the
following new paragraph:
``(14) Grandchild.--The term `grandchild' means a son or
daughter of an employee's child.''.
(b) Civil Service Employees.--Section 6381 of title 5, United
States Code, is amended--
(1) in paragraph (5)(B), by striking ``and'' at the end;
(2) in paragraph (6)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) the term `grandchild' means a son or daughter of an
employee's child.''. | Family and Medical Leave Enhancement Act of 2005 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 (currently 50).
Allows all employees covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's or grandchildren's educational and extracurricular activities. Amends Federal civil service law to apply such parental involvement leave allowance to Federal employees.
Includes under FMLA entitlement leave for transporting children and grandchildren to medical and dental appointments and for visiting elderly relatives in nursing or group homes. | billsum_train |
Make a summary of the following text: SECTION 1. INCOME OF PARTNERS FOR PERFORMING INVESTMENT MANAGEMENT
SERVICES TREATED AS ORDINARY INCOME RECEIVED FOR
PERFORMANCE OF SERVICES.
(a) In General.--Part I of subchapter K of chapter 1 of the
Internal Revenue Code of 1986 (relating to determination of tax
liability) is amended by adding at the end the following new section:
``SEC. 710. SPECIAL RULES FOR PARTNERS PROVIDING INVESTMENT MANAGEMENT
SERVICES TO PARTNERSHIP.
``(a) Treatment of Distributive Share of Partnership Items.--For
purposes of this title, in the case of an investment services
partnership interest--
``(1) In general.--Notwithstanding section 702(b)--
``(A) any net income with respect to such interest
for any partnership taxable year shall be treated as
ordinary income for the performance of services, and
``(B) any net loss with respect to such interest
for such year, to the extent not disallowed under
paragraph (2) for such year, shall be treated as an
ordinary loss.
``(2) Treatment of losses.--
``(A) Limitation.--Any net loss with respect to
such interest shall be allowed for any partnership
taxable year only to the extent that such loss does not
exceed the excess (if any) of--
``(i) the aggregate net income with respect
to such interest for all prior partnership
taxable years, over
``(ii) the aggregate net loss with respect
to such interest not disallowed under this
subparagraph for all prior partnership taxable
years.
``(B) Carryforward.--Any net loss for any
partnership taxable year which is not allowed by reason
of subparagraph (A) shall be treated as an item of loss
with respect to such partnership interest for the
succeeding partnership taxable year.
``(C) Basis adjustment.--No adjustment to the basis
of a partnership interest shall be made on account of
any net loss which is not allowed by reason of
subparagraph (A).
``(D) Prior partnership years.--Any reference in
this paragraph to prior partnership taxable years shall
only include prior partnership taxable years to which
this section applies.
``(3) Net income and loss.--For purposes of this section--
``(A) Net income.--The term `net income' means,
with respect to any investment services partnership
interest, for any partnership taxable year, the excess
(if any) of--
``(i) all items of income and gain taken
into account by the holder of such interest
under section 702 with respect to such interest
for such year, over
``(ii) all items of deduction and loss so
taken into account.
``(B) Net loss.--The term `net loss' means with
respect to such interest for such year, the excess (if
any) of the amount described in subparagraph (A)(ii)
over the amount described in subparagraph (A)(i).
``(b) Dispositions of Partnership Interests.--
``(1) Gain.--Any gain on the disposition of an investment
services partnership interest shall be treated as ordinary
income for the performance of services.
``(2) Loss.--Any loss on the disposition of an investment
services partnership interest shall be treated as an ordinary
loss to the extent of the excess (if any) of--
``(A) the aggregate net income with respect to such
interest for all partnership taxable years, over
``(B) the aggregate net loss with respect to such
interest allowed under subsection (a)(2) for all
partnership taxable years.
``(3) Disposition of portion of interest.--In the case of
any disposition of an investment services partnership interest,
the amount of net loss which otherwise would have (but for
subsection (a)(2)(C)) applied to reduce the basis of such
interest shall be disregarded for purposes of this section for
all succeeding partnership taxable years.
``(4) Distributions of partnership property.--In the case
of any distribution of appreciated property by a partnership
with respect to any investment services partnership interest,
gain shall be recognized by the partnership in the same manner
as if the partnership sold such property at fair market value
at the time of the distribution. For purposes of this
paragraph, the term `appreciated property' means any property
with respect to which gain would be determined if sold as
described in the preceding sentence.
``(c) Investment Services Partnership Interest.--For purposes of
this section--
``(1) In general.--The term `investment services
partnership interest' means any interest in a partnership which
is held by any person if such person provides (directly or
indirectly), in the active conduct of a trade or business, a
substantial quantity of any of the following services to the
partnership:
``(A) Advising the partnership as to the value of
any specified asset.
``(B) Advising the partnership as to the
advisability of investing in, purchasing, or selling
any specified asset.
``(C) Managing, acquiring, or disposing of any
specified asset.
``(D) Arranging financing with respect to acquiring
specified assets.
``(E) Any activity in support of any service
described in subparagraphs (A) through (D).
For purposes of this paragraph, the term `specified asset'
means securities (as defined in section 475(c)(2) without
regard to the last sentence thereof), real estate, commodities
(as defined in section 475(e)(2))), or options or derivative
contracts with respect to securities (as so defined), real
estate, or commodities (as so defined).
``(2) Exception for certain capital interests.--
``(A) In general.--If--
``(i) a portion of an investment services
partnership interest is acquired on account of
a contribution of invested capital, and
``(ii) the partnership makes a reasonable
allocation of partnership items between the
portion of the distributive share that is with
respect to invested capital and the portion of
such distributive share that is not with
respect to invested capital,
then subsection (a) shall not apply to the portion of
the distributive share that is with respect to invested
capital. An allocation will not be treated as
reasonable for purposes of this subparagraph if such
allocation would result in the partnership allocating a
greater portion of income to invested capital than any
other partner not providing services would have been
allocated with respect to the same amount of invested
capital.
``(B) Special rule for dispositions.--In any case
to which subparagraph (A) applies, subsection (b) shall
not apply to any gain or loss allocable to invested
capital. The portion of any gain or loss attributable
to invested capital is the proportion of such gain or
loss which is based on the distributive share of gain
or loss that would have been allocable to invested
capital under subparagraph (A) if the partnership sold
all of its assets immediately before the disposition.
``(C) Invested capital.--For purposes of this
paragraph, the term `invested capital' means, the fair
market value at the time of contribution of, any money
or other property contributed to the partnership.''.
(b) Application to Real Estate Investment Trusts.--Subsection (c)
of section 856 of such Code is amended by adding at the end the
following new paragraph:
``(8) Exception from recharacterization of income from
investment services partnership interests.--Paragraphs (2),
(3), and (4) shall be applied without regard to section 710
(relating to special rules for partners providing investment
management services to partnership).''.
(c) Conforming Amendments.--
(1) Subsection (d) of section 731 of such Code is amended
by inserting ``section 710(b)(4) (relating to distributions of
partnership property),'' before ``section 736''.
(2) Section 741 of such Code is amended by inserting ``or
section 710 (relating to special rules for partners providing
investment management services to partnership)'' before the
period at the end.
(3) Paragraph (13) of section 1402(a) of such Code is
amended--
(A) by striking ``other than guaranteed'' and
inserting ``other than--
``(A) guaranteed'',
(B) by striking the semi-colon at the end and
inserting ``, and'', and
(C) by adding at the end the following new
subparagraph:
``(B) any income treated as ordinary income under
section 710 received by an individual who provides a
substantial quantity of the services described in
section 710(c)(1);''.
(4) Paragraph (12) of section 211(a) of the Social Security
Act is amended--
(A) by striking ``other than guaranteed'' and
inserting ``other than--
``(A) guaranteed'',
(B) by striking the semi-colon at the end and
inserting ``, and'', and
(C) by adding at the end the following new
subparagraph:
``(B) any income treated as ordinary income under
section 710 of the Internal Revenue Code of 1986
received by an individual who provides a substantial
quantity of the services described in section 710(c)(1)
of such Code;''.
(5) The table of sections for part I of subchapter K of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 710. Special rules for partners providing investment management
services to partnership.''. | Amends the Internal Revenue Code to treat as ordinary income (i.e., income taxed at regular income tax rates) income received by a partner from an investment services partnership interest. Defines "investment services partnership interest" as any interest in a partnership held by a person who provides services to a partnership by: (1) advising the partnership as to the value of specified assets (e.g., real estate, commodities, or options or derivative contracts); (2) advising the partnership about investing in, purchasing, or selling specified assets; (3) managing, acquiring, or disposing of specified assets; or (4) arranging financing with respect to acquiring specified assets. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Contraception for Women
Servicemembers and Dependents Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Women are serving in the Armed Forces at increasing
rates, playing a critical role in the national security of the
United States. More than 350,000 women serve on active duty in
the Armed Forces or in the Selected Reserve.
(2) Nearly 10,000,000 members of the Armed Forces
(including members of the National Guard and Reserves),
military retirees, their families, their survivors, and certain
former spouses, including nearly 5,000,000 female
beneficiaries, are eligible for health care through the
Department of Defense.
(3) Contraception is critical for women's health and is
highly effective at reducing unintended pregnancy. The Centers
for Disease Control and Prevention describe contraception as
one of the 10 greatest public health achievements of the
twentieth century.
(4) Contraception has played a direct role in the greater
participation of women in education and employment. Increased
wages and increased control over reproductive decisions provide
women with educational and professional opportunities that have
increased gender equality over the decades since contraception
was introduced.
(5) Studies have shown that when cost barriers to the full
range of methods of contraception are eliminated, and women
receive comprehensive counseling on the various methods of
contraception (including highly effective Long-Acting
Reversible Contraceptives (LARCs)), rates of unintended
pregnancy decline dramatically.
(6) Research has also shown that investments in effective
contraception save public and private dollars.
(7) The 2011 recommendations of the Institute of Medicine
on women's preventive health services include recommendations
that health insurance plans cover all methods of contraception
approved by the Food and Drug Administration, sterilization
procedures, and patient education and counseling for all women
with reproductive capacity without any cost-sharing
requirements.
(8) The recommendations described in paragraph (7) are
reflected in provisions of the Patient Protection and
Affordable Care Act (Public Law 111-148), and thus group and
individual health insurance plans must provide such coverage.
The recommendations have also been adopted by the Office of
Personnel Management, and thus all health insurance plans that
are part of the Federal Employees Health Benefits Program must
provide such coverage.
(9) Under the TRICARE program, servicewomen on active duty
have full coverage of all prescription drugs, including
contraception, without cost-sharing requirements. However,
servicewomen not on active duty, and female dependents of
members of the Armed Forces, who receive health care through
the TRICARE program do not have similar coverage of all
prescription methods of contraception approved by the Food and
Drug Administration without cost-sharing.
(10) Studies indicate that servicewomen need comprehensive
counseling for pregnancy prevention, particularly in their
predeployment preparations, and the lack thereof is
contributing to unintended pregnancies among servicewomen.
(11) An analysis by Ibis Reproductive Health of the 2008
Survey of Health Related Behaviors among Active Duty Military
Personnel found a high unintended pregnancy rate among
servicewomen. Adjusting for the difference between age
distribution in the Armed Forces and the general population,
the rate of unintended pregnancy among servicewomen is higher
than for the general population.
(12) With the integrated use of electronic medical records
throughout the Department of Defense, the technological
infrastructure exists to develop clinical decision support
tools. These tools, which are incorporated into the electronic
medical record, allow for a point-of-care feedback loop that
can be used to enhance patient decisionmaking, case and patient
management, and care coordination. Benefits of clinical
decision support tools include increased quality of care and
enhanced health outcomes, improved efficiency, and provider and
patient satisfaction.
(13) The Defense Advisory Committee on Women in the
Services (DACOWITS) has recommended that all the Armed Forces,
to the extent that they have not already, implement initiatives
that inform servicemembers of the importance of family
planning, educate them on methods of contraception, and make
various methods of contraception available, based on the
finding that family planning can increase the overall readiness
and quality of life of all members of the military.
(14) Health care, including family planning for survivors
of sexual assault in the Armed Forces is a critical issue.
Servicewomen on active duty report rates of unwanted sexual
contact at approximately 16 times those of the comparable
general population of women in the United States. Through
regulations, the Department of Defense already supports a
policy of ensuring that servicewomen who are sexually assaulted
have access to emergency contraception.
SEC. 3. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM.
(a) In General.--Section 1074d of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``for Members and
Former Members'' after ``Services Available'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Care Related to Prevention of Pregnancy.--Female covered
beneficiaries shall be entitled to care related to the prevention of
pregnancy described by subsection (d)(3).
``(c) Prohibition on Cost-Sharing for Certain Services.--
Notwithstanding section 1074g(a)(6) of this title or any other
provision of law, cost-sharing may not be imposed or collected for care
related to the prevention of pregnancy provided pursuant to subsection
(a) or (b), including for any method of contraception provided, whether
provided through a facility of the uniformed services, the TRICARE
retail pharmacy program, or the national mail-order pharmacy
program.''.
(b) Care Related to Prevention of Pregnancy.--Subsection (d)(3) of
such section, as redesignated by subsection (a)(2) of this section, is
further amended by inserting before the period at the end the
following: ``(including all methods of contraception approved by the
Food and Drug Administration, sterilization procedures, and patient
education and counseling in connection therewith)''.
(c) Conforming Amendment.--Section 1077(a)(13) of such title is
amended by striking ``section 1074d(b)'' and inserting ``section
1074d(d)''.
SEC. 4. ACCESS TO BROAD RANGE OF METHODS OF CONTRACEPTION APPROVED BY
THE FOOD AND DRUG ADMINISTRATION FOR MEMBERS OF THE ARMED
FORCES AND MILITARY DEPENDENTS AT MILITARY TREATMENT
FACILITIES.
(a) In General.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall ensure
that every military treatment facility has a sufficient stock of a
broad range of methods of contraception approved by the Food and Drug
Administration, as recommended by the Centers for Disease Control and
Prevention and the Office of Population Affairs of the Department of
Health and Human Services, to be able to dispense at any time any such
method of contraception to any women members of the Armed Forces and
female covered beneficiaries who receive care through such facility.
(b) Covered Beneficiary Defined.--In this section, the term
``covered beneficiary'' has the meaning given that term in section
1072(5) of title 10, United States Code.
SEC. 5. COMPREHENSIVE STANDARDS AND ACCESS TO CONTRACEPTION COUNSELING
FOR MEMBERS OF THE ARMED FORCES.
(a) Purpose.--The purpose of this section is to ensure that all
health care providers employed by the Department of Defense who provide
care for women members of the Armed Forces, including general
practitioners, are provided, through clinical practice guidelines, the
most current evidence-based and evidence-informed standards of care
with respect to methods of contraception and counseling on methods of
contraception.
(b) Clinical Practice Guidelines.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
compile clinical practice guidelines for health care providers
described in subsection (a) on standards of care with respect
to methods of contraception and counseling on methods of
contraception for women members of the Armed Forces.
(2) Sources.--The Secretary shall compile clinical practice
guidelines under this subsection from among clinical practice
guidelines established by appropriate health agencies and
professional organizations, including the following:
(A) The United States Preventive Services Task
Force.
(B) The Centers for Disease Control and Prevention.
(C) The Office of Population Affairs of the
Department of Health and Human Services.
(D) The American College of Obstetricians and
Gynecologists.
(E) The Association of Reproductive Health
Professionals.
(F) The American Academy of Family Physicians.
(G) The Agency for Healthcare Research and Quality.
(3) Updates.--The Secretary shall from time to time update
the list of clinical practice guidelines compiled under this
subsection to incorporate into such guidelines new or updated
standards of care with respect to methods of contraception and
counseling on methods of contraception.
(4) Dissemination.--
(A) Initial dissemination.--As soon as practicable
after the compilation of clinical practice guidelines
pursuant to paragraph (1), but commencing not later
than one year after the date of the enactment of this
Act, the Secretary shall provide for rapid
dissemination of the clinical practice guidelines to
health care providers described in subsection (a).
(B) Updates.--As soon as practicable after the
adoption under paragraph (3) of any update to the
clinical practice guidelines compiled pursuant to this
subsection, the Secretary shall provide for the rapid
dissemination of such clinical practice guidelines, as
so updated, to health care providers described in
subsection (a).
(C) Protocols.--Clinical practice guidelines, and
any updates to such guidelines, shall be disseminated
under this paragraph in accordance with administrative
protocols developed by the Secretary for that purpose.
(c) Clinical Decision Support Tools.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall, in order to
assist health care providers described in subsection (a),
develop and implement clinical decision support tools that
reflect, through the clinical practice guidelines compiled
pursuant to subsection (b), the most current evidence-based and
evidence-informed standards of care with respect to methods of
contraception and counseling on methods of contraception.
(2) Updates.--The Secretary shall from time to time update
the clinical decision support tools developed under this
subsection to incorporate into such tools new or updated
guidelines on methods of contraception and counseling on
methods of contraception.
(3) Dissemination.--Clinical decision support tools, and
any updates to such tools, shall be disseminated under this
subsection in accordance with administrative protocols
developed by the Secretary for that purpose. Such protocols
shall be similar to the administrative protocols developed
under subsection (b)(4)(C).
(d) Access to Contraception Counseling.--As soon as practicable
after the date of the enactment of this Act, the Secretary shall ensure
that women members of the Armed Forces have access to counseling on the
full range of methods of contraception provided by health care
providers described in subsection (a) during health care visits,
including, but not limited to, visits as follows:
(1) During predeployment health care visits, with the
counseling to be provided during such visits emphasizing the
interaction between anticipated deployment conditions and
various methods of contraception.
(2) During health care visits during deployment.
(3) During annual physical examinations.
(e) Incorporation Into Surveys of Questions on Servicewomen
Experiences With Family Planning Services and Counseling.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall integrate into
the Department of Defense surveys specified in paragraph (2)
questions designed to obtain information on the experiences of
women members of the Armed Forces--
(A) in accessing family planning services and
counseling;
(B) in using family planning methods, which method
was preferred and whether deployment conditions
affected the decision on which family planning method
or methods to be used; and
(C) if pregnant, whether the pregnancy was
intended.
(2) Covered surveys.--The surveys into which questions
shall be integrated as described in paragraph (1) are the
following:
(A) The Health Related Behavior Survey of Active
Duty Military Personnel.
(B) The Health Care Survey of Department of Defense
Beneficiaries.
SEC. 6. EDUCATION ON FAMILY PLANNING FOR MEMBERS OF THE ARMED FORCES.
(a) Education Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish an education program for all members of the Armed
Forces, including both men and women members, consisting of a
uniform standard curriculum on family planning.
(2) Sense of congress.--It is the sense of Congress that
the standard curriculum should use the latest technology
available to efficiently and effectively deliver information to
members of the Armed Forces.
(b) Elements.--The standard curriculum under subsection (a) shall
include the following:
(1) Information on the importance of providing
comprehensive family planning for members of the Armed Forces,
and their commanding officers, and on the positive impact
family planning can have on the health and readiness of the
Armed Forces.
(2) Current, medically accurate information.
(3) Clear, user-friendly information on the full range of
methods of contraception and where members of the Armed Forces
can access their chosen method of contraception.
(4) Information on all applicable laws and policies so that
members are informed of their rights and obligations.
(5) Information on patients' rights to confidentiality.
(6) Information on the unique circumstances encountered by
members of the Armed Forces, and the effects of such
circumstances on the use of contraception.
SEC. 7. PREGNANCY PREVENTION ASSISTANCE AT MILITARY TREATMENT
FACILITIES FOR WOMEN WHO ARE SEXUAL ASSAULT SURVIVORS.
(a) Purpose.--The purpose of this section is to provide in statute,
and to enhance, existing regulations that require health care providers
at military treatment facilities to consult with survivors of sexual
assault once clinically stable regarding options for emergency
contraception and any necessary follow-up care, including the provision
of the emergency contraception.
(b) In General.--The assistance specified in subsection (c) shall
be provided at every military treatment facility to the following:
(1) Any woman who presents at a military treatment facility
and states to personnel of the facility that she is a victim of
sexual assault or is accompanied by another individual who
states that the woman is a victim of sexual assault.
(2) Any woman who presents at a military treatment facility
and is reasonably believed by personnel of such facility to be
a survivor of sexual assault.
(c) Assistance.--
(1) In general.--The assistance specified in this
subsection shall include the following:
(A) The prompt provision by appropriate staff of
the military treatment facility of comprehensive,
medically and factually accurate, and unbiased written
and oral information about all methods of emergency
contraception approved by the Food and Drug
Administration.
(B) The prompt provision by such staff of emergency
contraception to a woman upon her request.
(C) Notification to the woman of her right to
confidentiality in the receipt of care and services
pursuant to this section.
(2) Nature of information.--The information provided
pursuant to paragraph (1)(A) shall be provided in language that
is clear and concise, is readily comprehensible, and meets such
conditions (including conditions regarding the provision of
information in languages other than English) as the Secretary
may provide in the regulations under this section. | Access to Contraception for Women Servicemembers and Dependents Act of 2014 - Expands the TRICARE health care program managed by the Department of Defense (DOD) to entitle additional female beneficiaries and dependents to care related to the prevention of pregnancy. (Currently, such care is limited to certain female members of the uniformed service or a reserve component performing active duty or certain servicewomen performing inactive-duty training.) Prohibits cost-sharing from being imposed or collected for such pregnancy prevention care, including for any method of contraception provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. Provides for such pregnancy prevention care to include all methods of contraception approved by the Food and Drug Administration (FDA), sterilization procedures, and patient education and counseling. Directs the DOD Secretary to: (1) ensure that every military treatment facility has a sufficient stock of a broad range of FDA-approved methods of contraception to dispense to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility; (2) disseminate clinical practice guidelines and decision support tools to DOD-employed health care providers; (3) ensure that women members of the Armed Forces have access to contraception counseling during health care visits; and (4) establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. Requires questions regarding family planning services and counseling to be incorporated into DOD health surveys. Requires every military treatment facility, upon request, to provide emergency contraception, or information about FDA-approved methods of emergency contraception, to any woman who: (1) states to personnel that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault, or (2) is reasonably believed to be a survivor of sexual assault. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Childhood Lead Poisoning
Prevention Act of 2001''.
SEC. 2. LEAD POISONING SCREENING FOR THE HEAD START AND EARLY HEAD
START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended--
(1) in the first sentence of subsection (d), by inserting
before the period the following: ``and shall comply with
subsection (h)''; and
(2) by adding at the end the following:
``(h) Lead Poisoning Screening.--
``(1) In general.--An entity shall--
``(A) determine whether a child eligible to
participate in the program described in subsection
(a)(1) has received a blood lead screening test using a
test that is appropriate for age and risk factors upon
the enrollment of the child in the program; and
``(B) in the case of a child who has not received a
blood lead screening test, ensure that each enrolled
child receives such a test either by referral or by
performing the test (under contract or otherwise).
``(2) Screenings by entities.--
``(A) In general.--An entity may (under contract or
otherwise) perform a blood lead screening test that is
appropriate for age and risk factors on a child who
seeks to participate in the program.
``(B) Reimbursement.--
``(i) Children enrolled in or eligible for
medicaid.--On the request of an entity that
performs or arranges for the provision of a
blood lead screening test under subparagraph
(A) of a child that is eligible for or
receiving medical assistance under a State plan
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), the Secretary of Health
and Human Services, notwithstanding any other
provision of, or limitation under, title XIX of
the Social Security Act, shall reimburse the
entity, from funds that are made available
under that title, for the Federal medical
assistance percentage (as defined in section
1905(b) of the Social Security Act (42 U.S.C.
1396d(b)) of the cost of the test and data
reporting. Such costs shall include, if
determined to be desirable by the State agency,
the costs of providing screening through
clinical laboratories certified under section
353 of the Public Health Service Act (42 U.S.C.
263a), or purchasing, for use at sites
providing services under this section, blood
lead testing instruments and associated
supplies approved for sale by the Food and Drug
Administration and used in compliance with such
section 353.
``(ii) Children enrolled in or eligible for
schip.--In the case of a blood lead screening
test performed under subparagraph (A) (by the
entity or under contract with the entity) on a
child who is eligible for or receiving medical
assistance under a State plan under title XXI
of the Social Security Act, the Secretary of
Health and Human Services, notwithstanding any
other provision of, or limitation under, such
title XXI, shall reimburse the entity, from
funds that are made available under that title,
for the enhanced FMAP (as defined in section
2105(b) of the Social Security Act (42 U.S.C.
1397ee(b)) of the cost of the test and data
reporting. Such costs shall include the costs
described in the second sentence of clause (i).
``(3) Authorization for early head start.--There is
authorized to be appropriated such sums as may be necessary to
carry out this subsection with respect to blood lead screening
tests performed under this subsection on an infant or child,
and any data reporting with respect to such infant or child,
who is not eligible for coverage under title XIX or XXI of the
Social Security Act, or is not otherwise covered under a health
insurance plan.
``(4) Rule of construction.--Nothing in this subsection
shall be construed as requiring a child eligible to participate
in the program described in subsection (a)(1) to undergo a
blood lead screening test if the child's parent or guardian
objects to the test on the ground that the test is inconsistent
with the parent's or guardian's religious beliefs.
``(5) Head start.--The provisions of this subsection shall
apply to head start programs that include coverage, directly or
indirectly, for infants and toddlers under the age of 3
years.''.
SEC. 3. LEAD POISONING SCREENING FOR SPECIAL SUPPLEMENTAL NUTRITION
PROGRAM FOR WOMEN, INFANTS, AND CHILDREN.
Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(d)) is amended by adding at the end the following:
``(4) Lead poisoning screening.--
``(A) In general.--A State agency shall--
``(i) determine whether an infant or child
eligible to participate in the program under
this section has received a blood lead
screening test using a test that is appropriate
for age and risk factors upon the enrollment of
the infant or child in the program; and
``(ii) in the case of an infant or child
who has not received a blood lead screening
test--
``(I) refer the infant or child for
receipt of the test; and
``(II) determine whether the infant
or child receives the test during a
routine visit with a health care
provider.
``(B) Screenings by state agencies.--
``(i) In general.--A State agency may
(under contract or otherwise) perform a blood
lead screening test that is appropriate for age
and risk factors on an infant or child who
seeks to participate in the program.
``(ii) Reimbursement.--
``(I) Children enrolled in or
eligible for medicaid.--On the request
of a State agency that performs or
arranges for the provision of a blood
lead screening test under clause (i) of
an infant or child that is eligible for
or receiving medical assistance under a
State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.), the Secretary of Health and
Human Services, notwithstanding any
other provision of, or limitation
under, title XIX of the Social Security
Act, shall reimburse the State agency,
from funds that are made available
under that title, for the Federal
medical assistance percentage (as
defined in section 1905(b) of the
Social Security Act (42 U.S.C.
1396d(b)) of the cost of the test and
data reporting. Such costs shall
include, if determined to be desirable
by the State agency, the costs of
providing screening through clinical
laboratories certified under section
353 of the Public Health Service Act
(42 U.S.C. 263a), or purchasing, for
use at sites providing services under
this section, blood lead testing
instruments and associated supplies
approved for sale by the Food and Drug
Administration and used in compliance
with such section 353.
``(II) Children enrolled in or
eligible for schip.--In the case of a
blood lead screening test performed
under clause (i) (by the State agency
or under contract with the State
agency) on an infant or child who is
eligible for or receiving medical
assistance under a State plan under
title XXI of the Social Security Act,
the Secretary of Health and Human
Services, notwithstanding any other
provision of, or limitation under, such
title XXI, shall reimburse the State
agency, from funds that are made
available under that title, for the
enhanced FMAP (as defined in section
2105(b) of the Social Security Act (42
U.S.C. 1397ee(b)) of the cost of the
test and data reporting. Such costs
shall include the costs described in
the second sentence of subclause (I).
``(C) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary to carry out this paragraph with respect to
blood lead screening tests performed under this
paragraph on an infant or child, and any data reporting
with respect to such infant or child, who is not
eligible for coverage under title XIX or XXI of the
Social Security Act, or is not otherwise covered under
a health insurance plan.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed as requiring a child
eligible to participate in the program under this
section to undergo a blood lead screening test if the
child's parent or guardian objects to the test on the
ground that the test is inconsistent with the parent's
or guardian's religious beliefs.''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act take effect on the date that is 18 months
after the date of enactment of this Act.
(b) WIC and Early Head Start Waivers.--
(1) In general.--A State agency or contractor administering
the program of assistance under the special supplemental
nutrition program for women, infants and children (WIC) under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
or an entity carrying out activities under section 645A of the
Head Start Act (42 U.S.C. 9840a) may be awarded a waiver from
the amendments made by sections 2 and 3 (as applicable) if the
State where the agency, contractor, or entity is located
establishes to the satisfaction of the Secretary of Health and
Human Services, in accordance with requirements and procedures
recommended in accordance with paragraph (2) to the Secretary
by the Director of the Centers for Disease Control and
Prevention, in consultation with the Centers for Disease
Control and Prevention Advisory Committee on Childhood Lead
Poisoning Prevention, a plan for increasing the number of blood
lead screening tests of children enrolled in the WIC and the
Early Head Start programs in the State.
(2) Development of waiver procedures and requirements.--Not
later than 12 months after the date of enactment of this Act,
the Director of the Centers for Disease Control and Prevention,
in consultation with the Centers for Disease Control and
Prevention Advisory Committee on Childhood Lead Poisoning
Prevention, shall develop and recommend to the Secretary of
Health and Human Services criteria and procedures (including a
timetable for the submission of the State plan described in
paragraph (1)) for the award of waivers under that paragraph. | Early Childhood Lead Poisoning Prevention Act of 2001 - Amends the Head Start Act (HSA) and the Child Nutrition Act (CNA) to require lead poisoning screening for infants and children under Early Head Start programs of HSA and under the special supplemental nutrition program for women, infants, and children (WIC) of CNA.Directs the Secretary of Health and Human Services to reimburse State agencies for the costs of such blood lead screening tests performed by them or by contractors for infants or children who are eligible under Medicaid or the State children's health insurance program (SCHIP) of the Social Security Act.Authorizes State agencies or contractors administering WIC programs, and entities operating Early Head Start programs, to be awarded waivers of requirements under this Act if: (1) they establish plans to increase the number of blood lead screening tests of infants and children enrolled in such programs; and (2) such plans meet requirements set by the Secretary and the Director of the Centers for Disease Control and Prevention. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Diplomatic Enhancement Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Islamic Republic of Iran is a party to the Treaty
on the Non-Proliferation of Nuclear Weapons (NPT).
(2) Iran is a member of the International Atomic Energy
Agency (IAEA).
(3) On July 31, 2006, the United Nations Security Council
(UNSC) adopted Resolution 1696, setting a deadline of August
31, 2006, for Iran's full, unconditional, and immediate
compliance with its obligations under the NPT.
(4) Iran is in violation of UNSC Resolution 1696.
(5) On December 23, 2006, the UNSC adopted Resolution 1737,
issuing a legally binding order that Iran immediately suspend
all enrichment-related and reprocessing activities and work on
all heavy water-related projects, and imposing economic
sanctions on Iran until such time as it has fully complied with
its obligations.
(6) Iran is in violation of UNSC Resolution 1737.
(7) On March 24, 2007, the UNSC adopted Resolution 1747,
imposing further economic sanctions on Iran for its
noncompliance with previous UNSC resolutions.
(8) Iran is in violation of UNSC Resolution 1747.
(9) On March 3, 2008, the UNSC adopted Resolution 1803,
imposing further economic sanctions on Iran for its
noncompliance with previous UNSC resolutions.
(10) Iran is in violation of UNSC Resolution 1803.
(11) On September 27, 2008, the UNSC adopted Resolution
1835, demanding that Iran immediately comply with previous UNSC
resolutions.
(12) Iran is in violation of UNSC 1835.
(13) According to the IAEA, Iran has installed 2 or 3 types
of next-generation centrifuges at Natanz FEP, including the IR-
2 and the IR-3.
(14) On October 26, 2008, IAEA inspectors were unable to
carry out a scheduled design information verification visit to
the Arak Heavy Water Reactor.
(15) According to the IAEA, as of January 31, 2009, Iran
had produced a total of some 1,010 kilograms of low enriched
uranium hexafluoride, which is 30 percent higher than IAEA
estimates and sufficient for a nuclear weapons breakout
capability.
(16) According to the IAEA's February 19, 2009, report,
Iran had installed more than 5,400 centrifuges.
(17) According to the IAEA's February 19, 2009, report,
Iran is producing fuel rods containing uranium pellets for its
IR-40 heavy water reactor.
(18) According to the IAEA, the IAEA sought and was denied
permission by Iran to visit the reactor itself in February
2009, which, according to the IAEA, ``could adversely impact
the IAEA's ability to carry out effective safeguards at that
facility''.
(19) As evidenced by the February 3, 2009, launch of the
Omid satellite into space using the Safir 2-stage space launch
vehicle, Iran continues to expand its development of ballistic
missiles.
(20) According to the IAEA, as of its February 19, 2009,
report, Iran has not answered IAEA questions ``about possible
military dimensions of Iran's nuclear programme''.
(21) Up to 40 percent of Iranian gasoline comes from
imports.
(22) Over the course of the past year, Iran purchased
nearly all of this gasoline from just six companies, five of
them European (the Swiss firm Vitol; the Swiss/Dutch firm
Trafigura; the French firm Total; the Swiss firm Glencore;
British Petroleum) and one Indian company, Reliance Industries.
(23) In February 2009, Vitol and Trafigura supplied some 80
percent of Iran's gasoline imports, while Reliance Industries
and British Petroleum reportedly did not supply gasoline to
Iran that month.
(24) In light of the extensive relationship between the
United States and Switzerland, it is a matter of particular
concern that Swiss firms supply more than 80 percent of Iran's
gasoline imports.
(25) The majority of tankers carrying gasoline to Iran are
insured by Lloyds of London.
(26) An interruption or significant limiting of the supply
of gasoline to Iran would considerably impact the Iranian
economy.
(27) An international restriction of gasoline exports to
Iran would significantly bolster current diplomatic
initiatives.
(28) On June 4, 2008, then-Senator Barack Obama said, ``we
should work with Europe, Japan, and the Gulf states to find
every avenue outside the U.N. to isolate the Iranian regime--
from cutting off loan guarantees and expanding financial
sanctions, to banning the export of refined petroleum to
Iran''.
(29) On October 7, 2008, then-Senator Barack Obama said,
``Iran right now imports gasoline . . . if we can prevent them
from importing the gasoline that they need . . . that starts
changing their cost-benefit analysis. That starts putting the
squeeze on them.''.
SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996.
(a) Expansion of Sanctions to Refined Petroleum.--Section 5(a) of
the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read
as follows:
``(a) Sanctions With Respect to the Development of Petroleum
Resources of Iran and Export of Refined Petroleum Resources to Iran.--
Except as provided in subsection (f), the President shall impose 2 or
more of the sanctions described in paragraphs (1) through (6) of
section 6 if the President determines that a person has, with actual
knowledge--
``(1)(A) on or after the date of the enactment of this Act,
made an investment of $40,000,000 or more (or any combination
of investments of at least $10,000,000 each, which in the
aggregate equals or exceeds $40,000,000 in any 12-month
period), that directly and significantly contributed to the
enhancement of Iran's ability to develop petroleum resources of
Iran; or
``(B) on or after the date of the enactment of the Iran
Diplomatic Enhancement Act of 2009, made an investment of
$20,000,000 or more (or any combination of investments of at
least $5,000,000 each, which in the aggregate equals or exceeds
$20,000,000 in any 12-month period), that directly and
significantly contributed to the enhancement of Iran's ability
to develop petroleum resources of Iran; or
``(2) on or after the date of the enactment of the Iran
Diplomatic Enhancement Act of 2009--
``(A) provided Iran with refined petroleum
resources;
``(B) engaged in an activity, including production,
brokerage, insurance, and tanker delivery services,
that could contribute to Iran's ability to import
refined petroleum resources; or
``(C) provided Iran with goods, services, or
technology for refining petroleum.''.
(b) International Policy.--Section 4 of the Iran Sanctions Act of
1996 (50 U.S.C. 1701 note) is amended by adding at the end the
following:
``(g) United States Policy Toward Iran.--It shall be the policy of
the United States to encourage foreign governments--
``(1) to direct state-owned entities to cease all
investment in Iran's energy sector and all exports of refined
petroleum resources to Iran; and
``(2) to persuade, and, where possible, require private
entities based in their territories to cease all investment in
Iran's energy sector and all exports of refined petroleum
resources to Iran.''.
(c) Presidential Waiver.--Section 9(c)(2)(C) of such Act is amended
by striking ``section 5(a) or section 5(b) to Iran's ability to,
respectively, develop its petroleum resources or its weapons of mass
destruction or other military capabilities'' and inserting ``section
5(a)(1), section 5(a)(2), or section 5(b) to Iran's ability to,
respectively, develop its petroleum resources, import refined petroleum
resources or refine petroleum, or develop its weapons of mass
destruction or other military capabilities''.
(d) Reports on United States Efforts To Curtail the Export of
Refined Petroleum to Iran.--Section 10 of such Act is amended by adding
at the end the following new subsection:
``(d) Reports on Refined Petroleum Exports to Iran.--
``(1) Semiannual reports.--Not later than 6 months after
the date of the enactment of the Iran Diplomatic Enhancement
Act of 2009, and every 6 months thereafter, the President shall
transmit to the appropriate congressional committees a report
describing, with respect to the preceding 6-month period--
``(A) any person that has provided Iran with
refined petroleum resources, and the petroleum
resources so provided;
``(B) any activity, including production,
brokerage, insurance, and tanker delivery services,
engaged in that could contribute to Iran's ability to
import refined petroleum resources;
``(C) any person that has provided Iran with goods,
services, or technology for refining petroleum, and the
goods, services, or technology so provided; and
``(D) steps taken by the President to carry out the
policy set forth in section 4(g).
``(2) Additional information.--With respect to each matter
reported under subparagraph (A), (B), or (C) of paragraph (1),
the President shall describe the steps that the United States
has taken to respond to the provision of refined petroleum
resources described in paragraph (1)(A), the activity described
in paragraph (1)(B), or the provision of goods, services, or
technology described in paragraph (1)(C), as the case may
be.''. | Iran Diplomatic Enhancement Act of 2009 - Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more sanctions under such Act if a person has, with actual knowledge: (1) on or after the date of enactment of such Act made an investment of $40 million or more (or any combination of investments of at least $10 million which in the aggregate equals or exceeds $40 million in any 12-month period) that significantly contributed to Iran's ability to develop its petroleum resources; (2) on or after the date of enactment of the Iran Diplomatic Enhancement Act of 2009 made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources; or (3) on or after the date of enactment of the Iran Diplomatic Enhancement Act of 2009 provided Iran with refined petroleum resources, engaged in an activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources, or provided Iran with goods, services, or technology for refining petroleum. (Current law imposes sanctions upon investments of $40 million or more and does not include refined petroleum resource imports.)
Extends existing presidential waiver authority to such activities.
Directs the President to report to the appropriate congressional committees every six months on such activities. | billsum_train |
Summarize the following text: SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--The Congress makes the following findings:
(1) According to the Defense Intelligence Agency, the
People's Liberation Army of China owns and operates a number of
enterprises which produce both civilian and military products.
(2) The General Staff Department of the People's Liberation
Army owns and operates Polytechnologies, which is the weapons
trading arm of the People's Liberation Army and has a
representative office in the United States.
(3) The General Logistics Department of the People's
Liberation Army owns and operates a large international
conglomerate known as Xinxing Corporation, which also has a
representative office in the United States.
(4) The People's Armed Police, which is partially
controlled by the People's Liberation Army, is responsible for
the occupation and suppression of dissent in Tibet and the
execution of prisoners throughout China, and provides guards
for the forced labor camp system in Laogai, China, owns and
operates China Jingan Equipment Import and Export, which also
has a representative office in the United States.
(5) These and other enterprises owned by the People's
Liberation Army regularly export a great variety of products to
the United States, including, but not limited to, clothing,
toys, shoes, hand tools, fish, minerals, and chemicals.
(6) The export of products allows the People's Liberation
Army to earn hard currency directly, which in turn can be used
to modernize its forces.
(7) The average consumer in the United States is unaware
that products they are purchasing were produced by the People's
Liberation Army.
(8) Trade with the People's Liberation Army effectively is
a subsidy of military operations of the People's Republic of
China.
(9) The China National Nuclear Corporation exported illicit
nuclear technology to Pakistan in contravention of the Treaty
on the Non-Proliferation of Nuclear Weapons and the Arms Export
Control Act, thereby contributing to the threat of nuclear war
on the Indian Subcontinent.
(10) Naval units of the People's Liberation Army have
committed aggression against the Republic of the Philippines
and threatened the United States Navy's right of free passage
in the South China Sea.
(11) Chinese defense industrial trading companies have
transferred cruise missiles to Iran, thereby threatening the
safety of United States military personnel in the region.
(12) Representatives of China North Industries Corporation,
a Chinese Government organization, have been indicted by the
United States Federal Government for smuggling of firearms and
conspiracy related thereto, importation of firearms without a
license, importation and sale of firearms with obliterated
serial numbers, and transfer and possession of machine guns in
violation of the laws of the United States.
(13) Representatives of Poly Group, a Chinese Government
organization, have also been indicted by the United States
Federal Government for engaging in the unlawful activities
described in paragraph (12).
(14) Representatives of China North Industries Corporation
attempted to sell solid rocket fuel to Iraq in the fall of
1990, contrary to a number of actions by the United Nations
Security Council.
(b) Policy.--It is the policy of the United States to prohibit the
importation into the United States of goods that are produced,
manufactured, or exported by the People's Liberation Army or Chinese
defense industrial trading companies.
SEC. 2. PROHIBITION ON CERTAIN IMPORTS.
(a) In General.--Notwithstanding any other provision of law, no
good that is produced, manufactured, or exported by the People's
Liberation Army or a Chinese defense industrial trading company may be
entered, or withdrawn from warehouse for consumption, into the customs
territory of the United States.
(b) Determination of Chinese Defense Industrial Trading
Companies.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 30 days after the date of the enactment of this Act,
the Secretary of the Treasury shall determine which persons are
Chinese defense industrial trading companies for purposes of
this Act. The Secretary shall publish a list of such persons in
the Federal Register.
(2) Public hearing.--
(A) General rule.--Before making the determination
and publishing the list required by paragraph (1), the
Secretary of the Treasury shall hold a public hearing
for the purpose of receiving oral and written testimony
regarding the persons to be included on the list.
(B) Additions and deletions.--The Secretary of the
Treasury may add or delete persons from the list based
on information available to the Secretary or upon
receipt of a request containing sufficient information
to take such action.
(3) Chinese defense industrial trading company.--For
purposes of making the determination required by paragraph (1),
the term ``Chinese defense industrial trading company''--
(A) means a person that is--
(i) engaged in manufacturing, producing, or
exporting, and
(ii) affiliated with or owned, controlled,
or subsidized by the People's Liberation Army,
and
(B) includes any person identified in the United
States Defense Intelligence Agency publication numbered
VP-1920-271-90, dated September 1990, or PC-1921-57-95,
dated October 1995.
(c) Effective Date.--Subsection (a) shall apply with respect to
goods entered, or withdrawn from warehouse for consumption, on or after
the 45th day after the date of the enactment of this Act.
SEC. 3. DEFINITION.
For purposes of this Act, the term ``People's Liberation Army''
means any branch or division of the land, naval, or air military
service or the police of the Government of the People's Republic of
China. | Prohibits the importation into the United States of goods manufactured or exported by the People's Liberation Army or Chinese defense industrial trading company. | billsum_train |
Summarize the following text: SECTION 1. CREDIT FOR RECYCLING OR REMANUFACTURING EQUIPMENT.
(a) In General.--Section 46 of the Internal Revenue Code of 1986
(relating to amount of investment credit) is amended by striking
``and'' at the end of paragraph (3), by striking the period at the end
of paragraph (4) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(5) the reclamation credit.''.
(b) Reclamation Credit.--Subpart E of part IV of subchapter A of
chapter 1 of such Code (relating to rules for computing investment
credit) is amended by inserting after section 48B the following new
section:
``SEC. 48C. RECYCLING OR REMANUFACTURING EQUIPMENT.
``(a) In General.--For purposes of section 46, the reclamation
credit for any taxable year is 20 percent of the basis of each
qualified reclamation property placed in service during the taxable
year.
``(b) Qualified Reclamation Property.--
``(1) In general.--For purposes of this section, the term
`qualified reclamation property' means property--
``(A) which is qualified recycling property or
qualified remanufacturing property,
``(B) which is tangible property (not including a
building and its structural components),
``(C) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable,
``(D) which has a useful life of at least 5 years,
and
``(E) which is--
``(i) acquired by purchase (as defined in
section 179(d)(2)) by the taxpayer if the
original use of such property commences with
the taxpayer, or
``(ii) constructed by or for the taxpayer.
``(2) Dollar limitation.--
``(A) In general.--The basis of qualified
reclamation property taken into account under paragraph
(1) for any taxable year shall not exceed $10,000,000
for a taxpayer.
``(B) Treatment of controlled group.--For purposes
of subparagraph (A)--
``(i) all component members of a controlled
group shall be treated as one taxpayer, and
``(ii) the Secretary shall apportion the
dollar limitation in such subparagraph among
the component members of such controlled group
in such manner as he shall by regulation
prescribe.
``(C) Treatment of partnerships and s
corporations.--In the case of a partnership, the dollar
limitation in subparagraph (A) shall apply with respect
to the partnership and with respect to each partner. A
similar rule shall apply in the case of an S
corporation and its shareholders.
``(D) Controlled group defined.--For purposes of
subparagraph (B), the term `controlled group' has the
meaning given such term by section 1563(a), except that
`more than 50 percent' shall be substituted for `at
least 80 percent' each place it appears in section
1563(a)(1).
``(c) Certain Progress Expenditure Rules Made Applicable.--Rules
similar to the rules of subsections (c)(4) and (d) of section 46 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990) shall apply for purposes of this
subsection.
``(d) Definitions.--For purposes of this section--
``(1) Qualified recycling property.--The term `qualified
recycling property' means equipment used exclusively to
collect, distribute, or sort used ferrous or nonferrous metals.
The term does not include equipment used to collect,
distribute, or sort precious metals such as gold, silver, or
platinum unless such use is coincidental to the collection,
distribution, or sorting of other used ferrous or nonferrous
metals.
``(2) Qualified remanufacturing property.--The term
`qualified remanufacturing property' means equipment used
primarily by the taxpayer in the business of rebuilding or
remanufacturing a used product or part, but only if--
``(A) the rebuilt or remanufactured product or part
includes 50 percent or less virgin material, and
``(B) the equipment is not used primarily in a
process occurring after the product or part is rebuilt
or remanufactured.
``(e) Coordination With Rehabilitation and Energy Credits.--For
purposes of this section--
``(1) the basis of any qualified reclamation property shall
be reduced by that portion of the basis of any property which
is attributable to qualified rehabilitation expenditures (as
defined in section 47(c)(2)) or to the energy percentage of
energy property (as determined under section 48(a)), and
``(2) expenditures taken into account under either section
47 or 48(a) shall not be taken into account under this
section.''.
(c) Special Basis Adjustment Rule.--Paragraph (3) of section 50(c)
of such Code (relating to basis adjustment to investment credit
property) is amended by inserting ``or reclamation credit'' after
``energy credit''.
(d) Clerical Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48B the following new
item:
``Sec. 48C. Recycling or remanufacturing equipment.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after January 1, 2007. | Amends the Internal Revenue Code to allow a tax credit for investment in qualified reclamation property. Defines "qualified reclamation property" as tangible depreciable recycling or remanufacturing property with a useful life of at least five years. Limits the amount of such credit to 20% of the basis (not exceeding $10 million) of qualified reclamation property placed in service during a taxable year. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Restoration Act of
2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Coal mining has been an important part of America's
industrial heritage for over 150 years. As coal is removed from
underground mines, a large amount of other materials
accompanies the coal to the surface. This substance, known as
gob, contains a mixture of clay, rocks, soil, minerals and
other raw materials. The gob piles contain millions of cubic
feet of material known to contribute to acid mine drainage.
(2) The mountains of gob contain large amounts of potential
energy that can be recycled to create new sources of power. The
technology to use the gob pile materials as an efficient
alternative energy source has been developed over the past 15
years. However, the incentive to invest in the technology has
not been pursued due to the high capitalization and operating
costs.
(3) Developing alternate energy sources reduces energy
costs, reduces dependencies on foreign oil, and improves the
competitiveness of American industry. Increasing energy
demands, and over reliance on limited sources of energy, will
result in higher prices for homeowners and industry. Higher
production costs hurt American jobs, overburdens industry, and
stifles economic growth. The development of alternate energy
sources will result in lower prices, a cleaner environment, new
manufacturing, and more jobs.
(b) Purpose.--The purpose of this Act is to encourage and create
incentives for alternate fuel sources to meet increasing demand for
homeowners and industries.
SEC. 3. ENERGY PRODUCED FROM WASTE COAL.
(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 inserting after section 45F the following new
section:
``SEC. 45G. ENERGY PRODUCED FROM WASTE COAL.
``(a) General Rule.--For purposes of section 38, the waste coal
energy production per ton credit for any taxable year is an amount
equal to $1.50 per million Btu of heat input utilized by the taxpayer
to produce energy in an eligible facility from qualified waste coal
during the 10-year period beginning on the date the facility was
originally placed in service (or, if later, the date of the enactment
of this section).
``(b) Credit Reduced for Grants.--The amount of the credit
determined under subsection (a) with respect to any project for any
taxable year shall be reduced by the amount which is the product of the
amount so determined for such year and a fraction--
``(1) the numerator of which is the sum, for the taxable
year and all prior taxable years, of--
``(A) grants provided by the United States, a
State, or a political subdivision of a State for use in
connection with the project, and
``(B) the amount of any other credit allowable with
respect to any property which is part of the project,
and
``(2) the denominator of which is the aggregate amount of
additions to the capital account for the project for the
taxable year and all prior taxable years. The amounts under the
preceding sentence for any taxable year shall be determined as
of the close of the taxable year.
``(c) Qualified Waste Coal.--
``(1) In general.--For purposes of this section, the term
`qualified waste coal' means coal certified by the Secretary to
be waste (as defined in paragraphs (1) through (6) of section
292.202 of title 18, Code of Federal Regulations (as in effect
on the date of the enactment of this section)).
``(2) Certification process.--For purposes of paragraph
(1), coal may not be certified as waste coal unless application
therefor is submitted before the end of the 6-month period
beginning on the date of the enactment of this section to the
Secretary.
``(d) Eligible Facility.--For purposes of this section--
``(1) In general.--The term `eligible facility' means a
facility--
``(A) whose heat input is not less than 75 percent
from qualified waste coal, and
``(B) which, as of the date on which the Secretary
determines by private letter ruling that the taxpayer
is eligible for the allowance of the credit under this
section, has under its control, by ownership or lease,
not less than a 15-year supply of qualified waste coal,
and
``(C) which is placed in service not more than 42
months after the month in which the taxpayer receives
the private letter ruling referred to in subparagraph
(B).
``(2) Private letter ruling.--For purposes of paragraph
(1)(B), a private letter ruling shall not be taken into account
unless the request therefor is submitted to the Secretary
within 30 days after the date on which the taxpayer receives
the certification required by subsection (b).
``(e) Other Definition and Applicable Rules.--For purposes of this
section--
``(1) Heat content.--Heat content shall be determined on an
`as received' basis.
``(2) Applicable rules.--Rules similar to the rules of
section 45(d) (other than paragraph (2)) shall apply.
``(3) Force majeure.--Performance time requirements
specified in this section may be suspended by the Secretary for
reasons beyond the control of the taxpayer when the Secretary
is so requested to extend deadlines by the taxpayer as long as
the taxpayer makes such request within 72 hours of determining
such event has occurred. Such events include Acts of God and
third party actions causing delay.
``(f) Special Annual Application.--Notwithstanding any other
provision of this title, no amount shall be allowed as a credit for a
taxable year under subsection (a) until after the taxpayer submits an
application for such credit to the Secretary.
``(g) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale and repurchase agreements.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(16) the waste coal energy production per ton credit
determined under section 45G.''.
(c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
``(d) Waste Coal Energy Production Per Ton Credit.--No deduction
shall be allowed for that portion of expenses incurred by the taxpayer
to purchase qualified waste coal (excluding costs of transportation,
handling, and preparation that may be included in the purchase price)
otherwise allowable as a deduction for the taxable year which is equal
to the amount of the credit determined for such taxable year under
section 45G.''.
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end the following new paragraph:
``(14) No carryback of waste coal energy production per ton
credit before effective date.--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
any taxable year ending before January 1, 2004.''.
(e) Clerical Amendment.--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 45F the following new
item:
``Sec. 45G. Energy produced from waste coal.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2003. | Environmental Restoration Act of 2003 - Amends the Internal Revenue Code to establish a waste coal energy production per ton credit equal to $1.50 per million Btu of heat input utilized by the taxpayer to produce energy in an eligible facility from qualified waste coal during the 10-year period beginning on the date the facility was originally placed in service (or, if later, the date of the enactment of this section). Permits transfer of the credit through sale and repurchase agreements. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blocking Deadly Fentanyl Imports
Act''.
SEC. 2. AMENDMENT TO DEFINITION OF MAJOR ILLICIT DRUG PRODUCING
COUNTRY.
Section 481(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``in which'';
(2) in subparagraph (A), by inserting ``in which'' before
``1,000'';
(3) in subparagraph (B)--
(A) by inserting ``in which'' before ``1,000''; and
(B) by striking ``or'' at the end;
(4) in subparagraph (C)--
(A) by inserting ``in which'' before ``5,000''; and
(B) by inserting ``or'' after the semicolon; and
(5) by adding at the end the following:
``(D) that is a significant source of illicit
fentanyl, fentanyl analogues, or the precursors of
fentanyl and fentanyl analogues;''.
SEC. 3. INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h(a)) is amended by adding at the end the following:
``(9) A separate section that contains the following:
``(A) An identification of the countries that are
the most significant exporters of illicit fentanyl,
fentanyl analogues, and fentanyl precursor chemicals
during the preceding calendar year.
``(B) An identification of the countries that are
the most significant sources of diversion or chemicals
described in subparagraph (A) for illicit uses.
``(C) A description of the extent to which each
country identified pursuant to subparagraphs (A) and
(B) has cooperated with the United States to prevent
the chemicals described in subparagraph (A) from being
exported from such country to the United States.''.
SEC. 4. WITHHOLDING OF BILATERAL AND MULTILATERAL ASSISTANCE.
(a) In General.--Section 490(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2291j(a)) is amended--
(1) by striking ``clause (i) or (ii) of section
489(a)(8)(A) of this Act'' and inserting ``paragraph (8)(A) or
(9) of section 489(a)''; and
(2) by striking ``clause (i) or (ii) of section
489(a)(8)(A) of this Act'' and inserting ``paragraph (8)(A) or
(9) of section 489(a)''.
(b) Designation of Countries Without Emergency Scheduling
Procedures.--Section 706(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (22 U.S.C. 2291j-1(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``also'';
(2) in subparagraph (A), by striking ``and'' at the end;
(3) by redesignating subparagraph (B) as subparagraph (E);
(4) by inserting after subparagraph (A) the following:
``(B) designate each country, if any, identified in
such report that has failed to adopt and utilize
emergency scheduling procedures for new illicit drugs
and other synthetics that are comparable to the
procedures authorized under title II of the Controlled
Substances Act (21 U.S.C. 811 et seq.) for adding drugs
and other substances to the controlled substances
schedules;''; and
(5) in subparagraph (E), as redesignated, by striking ``so
designated'' and inserting ``designated under subparagraph (A),
(B), (C), or (D)''.
(c) Designation of Countries Without Ability To Prosecute Criminals
for the Manufacture or Distribution of Fentanyl Analogues.--Section
706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22
U.S.C. 2291j-1(2)), as amended by subsection (b), is further amended by
inserting after subparagraph (B) the following:
``(C) designate each country, if any, identified in
such report that is incapable of prosecuting criminals
for the manufacture or distribution of controlled
substance analogues (as defined in section 102(32) of
the Controlled Substances Act (21 U.S.C. 802(32)) in
the same manner as criminals are prosecuted for the
manufacture or distribution of controlled
substances;''.
(d) Designation of Countries That Do Not Require the Registration
of Pill Presses and Tableting Machines.--Section 706(2) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-1(2)),
as amended by subsections (b) and (c), is further amended by inserting
after subparagraph (C) the following:
``(D) designate each country, if any, identified in
such report that does not require the registration of
tableting machines and encapsulating machines in a
manner comparable to the registration requirements set
forth in part 1310 of title 21, Code of Federal
Regulations; and''. | Blocking Deadly Fentanyl Imports Act This bill amends the Foreign Assistance Act of 1961 to include in the definition of "major illicit drug producing country" a country that is a significant source of illicit fentanyl, fentanyl analogues, or fentanyl precursor chemicals. (Fentanyl is a synthetic opioid analgesic typically used to relieve pain.) The bill requires the international narcotics control strategy report to: identify countries that are the most significant exporters of illicit fentanyl, fentanyl analogues, and fentanyl precursor chemicals; identify countries that are the most significant sources of the diversion of such chemical for illicit uses; and describe the extent to which an identified country has cooperated with the United States to prevent the export of such chemical to the United States. The bill requires the withholding of bilateral and multilateral assistance from an identified country. The Foreign Relations Authorization Act, Fiscal Year 2003 is amended to require the President, as part of the report identifying major drug transit countries, to designate each country that: does not utilize specified emergency scheduling procedures for new illicit drugs and other synthetics that are comparable to the procedures used for controlled substances schedules, is incapable of prosecuting criminals for the manufacture or distribution of controlled substance analogues in the same manner that applies to controlled substances, and does not require specified registration of tableting or encapsulating machines. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business and Financial
Institutions Tax Relief Act of 2003''.
SEC. 2. EXPANSION OF BANK S CORPORATION ELIGIBLE SHAREHOLDERS TO
INCLUDE IRAS.
(a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code
of 1986 (relating to certain trusts permitted as shareholders) is
amended by inserting after clause (v) the following new clause:
``(vi) In the case of a corporation which
is a bank (as defined in section 581), a trust
which constitutes an individual retirement
account under section 408(a), including one
designated as a Roth IRA under section 408A,
but only to the extent of the stock held by
such trust in such bank as of the date of the
enactment of this clause.''.
(b) Treatment as Shareholder.--Section 1361(c)(2)(B) of such Code
(relating to treatment as shareholders) is amended by adding at the end
the following new clause:
``(vi) In the case of a trust described in
clause (vi) of subparagraph (A), the individual
for whose benefit the trust was created shall
be treated as a shareholder.''.
(c) Sale of Stock in IRA Relating to S Corporation Election Exempt
From Prohibited Transaction Rules.--Section 4975(d) of such Code
(relating to exemptions) is amended by striking ``or'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``; or'', and by adding at the end the following new
paragraph:
``(16) a sale of stock held by a trust which constitutes an
individual retirement account under section 408(a) to the
individual for whose benefit such account is established if
such sale is pursuant to an election under section 1362(a).''.
(d) Conforming Amendment.--Section 512(e)(1) of such Code is
amended by inserting ``1361(c)(2)(A)(vi) or'' before ``1361(c)(6)''.
(e) Effective Date.--The amendments made by this section shall
apply to trusts which constitute individual retirement accounts on the
date of the enactment of this Act.
SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME
TEST FOR BANK S CORPORATIONS.
(a) In General.--Section 1362(d)(3)(C) of the Internal Revenue
Code of 1986 (defining passive investment income) is amended by adding
at the end the following:
``(v) Exception for banks; etc.--In the
case of a bank (as defined in section 581) or a
bank holding company (as defined in section
246A(c)(3)(B)(ii)), the term `passive
investment income' shall not include--
``(I) interest income earned by
such bank or bank holding company, or
``(II) dividends on assets required
to be held by such bank or bank holding
company to conduct a banking business,
including stock in the Federal Reserve
Bank, the Federal Home Loan Bank, or
the Federal Agricultural Mortgage Bank
or participation certificates issued by
a Federal Intermediate Credit Bank.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150.
(a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended by striking
``75 shareholders'' and inserting ``150 shareholders''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(f) Treatment of Qualifying Director Shares.--
``(1) In general.--For purposes of this subchapter--
``(A) qualifying director shares shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualifying
director shares.
``(2) Qualifying director shares defined.--For purposes of
this subsection, the term `qualifying director shares' means
any shares of stock in a bank (as defined in section 581) or in
a bank holding company registered as such with the Federal
Reserve System--
``(i) which are held by an individual
solely by reason of status as a director
of such bank or company or its controlled subsidiary; and
``(ii) which are subject to an agreement
pursuant to which the holder is required to
dispose of the shares of stock upon termination
of the holder's status as a director at the
same price as the individual acquired such
shares of stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualifying director shares shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of 1986
is amended by inserting ``, except as provided in subsection
(f),'' before ``which does not''.
(2) Section 1366(a) of such Code is amended by adding at
the end the following:
``(3) Allocation with respect to qualifying director
shares.--The holders of qualifying director shares (as defined
in section 1361(f)) shall not, with respect to such shares of
stock, be allocated any of the items described in paragraph
(1).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 6. RECAPTURE OF BAD DEBT RESERVES.
In the case of a bank which makes an S corporation election which
first takes effect for a taxable year beginning after December 31,
2003, the entire adjustment required by section 481 of the Internal
Revenue Code of 1986 by reason of changing its accounting method for
recognizing bad debts from the reserve method under section 585 or 593
of such Code to the charge-off method under section 166 of such Code
may be taken into in the year of the change or the preceding taxable
year (whichever is elected by the bank).
SEC. 7. CLARIFICATION OF 3-YEAR S CORPORATION RULE FOR CORPORATE
PREFERENCE ITEMS.
(a) In General.--Section 1363(b) of the Internal Revenue Code of
1986 (relating to computation of corporation's taxable income) is
amended by adding at the end the following new flush sentence:
``Nothing in the preceding sentence shall be construed to apply section
291 to any taxable year which is more than 3 taxable years after the S
corporation (or any predecessor) was a C corporation.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 8. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER.
(a) In General.--Paragraph (1) of section 1361(c) of the Internal
Revenue Code of 1986 (relating to special rules for applying subsection
(b)) is amended to read as follows:
``(1) Members of family treated as 1 shareholder.--
``(A) In general.--For purpose of subsection
(b)(1)(A)--
``(i) except as provided in clause (ii), a
husband and wife (and their estates) shall be
treated as 1 shareholder, and
``(ii) in the case of a family with respect
to which an election is in effect under
subparagraph (E), all members of the family
shall be treated as 1 shareholder.
``(B) Members of the family.--For purpose of
subparagraph (A)(ii), the term `members of the family'
means the common ancestor, lineal descendants of the
common ancestor and the spouses (or former spouses) of
such lineal descendants or common ancestor.
``(C) Common ancestor.--For purposes of this
paragraph, an individual shall not be considered a
common ancestor if, as of the later of the effective
date of this paragraph or the time the election under
section 1362(a) is made, the individual is more than 3
generations removed from the youngest generation of
shareholders.
``(D) Effect of adoption, etc.--In determining
whether any relationship specified in subparagraph (B)
or (C) exists, the rules of section 152(b)(2) shall
apply.
``(E) Election.--An election under subparagraph
(A)(ii)--
``(i) must be made with the consent of
shareholders (including those that are family
members) holding in the aggregate more than
one-half of the shares of stock in the
corporation on the day the election is made,
``(ii) in the case of--
``(I) an electing small business
trust, shall be made by the trustee of
the trust, and
``(II) a qualified subchapter S
trust, shall be made by the beneficiary
of the trust,
``(iii) under regulations, shall remain in
effect until terminated, and
``(iv) shall apply only with respect to 1
family in any corporation.''.
(b) Relief From Inadvertent Invalid Election or Termination.--
Section 1362(f) of such Code (relating to inadvertent invalid elections
or terminations) is amended--
(1) by inserting ``or under section 1361(c)(1)(A)(ii)''
after ``subsection (a)'' in paragraph (1), and
(2) by inserting ``or under section 1361(c)(1)(E)(iii)''
after ``subsection (d)'' in paragraph (1)(B).
(c) Effective Dates.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2003.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to elections and terminations made after December
31, 2003.
SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986,
as amended by section 5(a), is amended by adding at the end the
following:
``(g) Treatment of Qualified Preferred Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) qualified preferred stock shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualified
preferred stock.
``(2) Qualified preferred stock defined.--For purposes of
this subsection, the term `qualified preferred stock' means
stock which meets the requirements of subparagraphs (A), (B),
and (C) of section 1504(a)(4). Stock shall not fail to be
treated as qualified preferred stock solely because it is
convertible into other stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualified preferred stock shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of
1986, as amended by section 5(b)(1), is amended by striking
``subsection (f)'' and inserting ``subsections (f) and (g)''.
(2) Section 1366(a) of such Code, as amended by section
5(b)(2), is amended by adding at the end the following:
``(4) Allocation with respect to qualified preferred
stock.--The holders of qualified preferred stock (as defined in
section 1361(g)) shall not, with respect to such stock, be
allocated any of the items described in paragraph (1).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 10. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES.
(a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code
of 1986 (relating to treatment of certain wholly owned subsidiaries) is
amended by inserting ``and in the case of information returns required
under part III of subchapter A of chapter 61'' after ``Secretary''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 11. ADJUSTMENT TO BASIS OF S CORPORATION STOCK FOR CERTAIN
CHARITABLE CONTRIBUTIONS.
(a) In General.--Paragraph (2) of section 1367(a) of the Internal
Revenue Code of 1986 (relating to adjustments to basis of stock of
shareholders, etc.) is amended by adding at the end the following new
flush sentence:
``The decrease under subparagraph (B) by reason of a charitable
contribution (as defined in section 170(c)) of property shall
be the amount equal to the shareholder's pro rata share of the
adjusted basis of such property.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003. | Small Business and Financial Institutions Tax Relief Act of 2003 - Amends the Internal Revenue Code to make a trust-individual retirement account (IRA) an eligible bank S corporation shareholder.Exempts from prohibited transaction rules any sale of stock in an IRA pursuant to a small business corporation's election to be an S corporation.Excludes from the definition of passive income for purposes of S status termination any interest income earned by or dividends on assets required to be held by a bank, a bank holding company, or a qualified subchapter S subsidiary bank.Increases to 150 the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment.States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock.Permits a bank which makes an S corporation election to recapture certain bad debt reserves in the year of election or the preceding year.Limits any special rules regarding corporate income preference items to the three years following S corporation election.Treats a husband and wife as one shareholder. Permits, and sets forth criteria for, an election to treat all members of a family as one shareholder.Permits the issuance of qualified preferred stock, which shall not be treated as second class stock. Makes any distribution (not in payment in exchange for stock) made by an S corporation with respect to qualified preferred stock includible as ordinary income of the holder and deductible to the corporation as an expense.Revises exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns.Provides for a charitable contribution basis adjustment of S corporation stock based upon the shareholder's pro rata share of adjusted basis. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Right to Independent
and Democratic Elections Act'' or the ``PRIDE Voting Act''.
SEC. 2. ELECTION SECURITY GRANT PROGRAM.
(a) Establishment.--
(1) In general.--There is hereby established an Election
Security grant program (in this section referred to as the
``program'') under which the Secretary of Homeland Security
awards grants to States to carry out one of more of the
following activities:
(A) Implementing or improving the use of auditable
paper ballots in accordance with the requirements of
paragraph (2), including the updating of any voting
system in order to implement or improve the use of
auditable paper ballots.
(B) Conducting post-election risk limiting audits.
(C) Implementing cybersecurity standards and best
practices developed by the National Institute of
Standards and Technology, including frameworks,
consistent with section 2(c) of the National Institute
of Standards and Technology Act (15 U.S.C. 272(c)). In
implementing such standards and best practices, a State
shall, to the extent practicable, utilize CIS Controls
from the nonprofit Center for Internet Security
(formerly the 20 Critical Security Controls).
(2) Paper ballot requirement.--
(A) Voter-verified paper ballots.--The requirements
described in this paragraph, with respect to the use of
paper ballots in a voting system, are the following:
(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verified, paper
ballot of the voter's vote that shall be marked
and made available for inspection and
verification by the voter before the voter's
vote is cast and counted, and which shall be
counted by hand or read by a digital scanning
device or other counting device. For purposes
of this subclause, the term ``individual,
durable, voter-verified, paper ballot'' means a
paper ballot marked by the voter by hand or a
paper ballot marked through the use of a
nontabulating ballot marking device or system.
(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verified paper ballot is preserved in
accordance with clause (ii).
(III) The voting system shall not preserve
the voter-verified paper ballots in any manner
that makes it possible, at any time after the
ballot has been cast, to associate a voter with
the record of the voter's vote.
(ii) Preservation as official record.--The
individual, durable, voter-verified, paper
ballot used in accordance with clause (i) shall
constitute the official ballot and shall be
preserved and used as the official ballot for
purposes of any recount or audit conducted with
respect to any election for Federal office in
which the voting system is used.
(iii) Manual counting requirements for
recounts and audits.--(I) Each paper ballot
used pursuant to clause (i) shall be suitable
for a manual audit, and shall be counted by
hand in any recount or audit conducted with
respect to any election for Federal office.
(II) In the event of any inconsistencies or
irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verified, paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verified, paper
ballots shall be the true and correct record of
the votes cast.
(iv) Clarification regarding use of grant
funds.--Grant funds awarded to the State for
the purposes described in paragraph (1)(A)
shall not be used with respect to any form of
remote ballot casting that results in an
electronic transmission of a voted ballot.
(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
(i) In general.--In the event that--
(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable, voter-
verified, paper ballots used pursuant
to subparagraph (A)(i) with respect to
any election for Federal office; and
(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election that the
paper ballots have been compromised (by
damage or mischief or otherwise) and
that a sufficient number of the ballots
have been so compromised that the
result of the election could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified result.
(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could be changed due to the
compromised paper ballots.
(3) Outside expert support.--A State may use grant funds
provided under the program to employ or contract with private
sector entities or individuals with expertise in information
technology or cybersecurity to carry out activities under the
program.
(b) Duration.--
(1) Initial period.--Except as provided in paragraph (2),
the program shall be carried out for a period of 5 years.
(2) Additional period.--The Secretary may carry out the
program for an additional period of 5 years if the Secretary
determines, based on the report submitted under subsection
(d)(2), that the program is efficacious and such additional
period is appropriate.
(c) Application.--
(1) In general.--A State desiring a grant under this
section shall submit to the Secretary of Homeland Security an
application at such time, in such manner, and containing or
accompanied by such information, as the Secretary may
reasonably require.
(2) Contents.--An application submitted under paragraph (1)
shall describe the activities for which a grant under this
section is sought.
(d) Reports.--
(1) Grantee reporting.--Not later than 1 year after the
execution of a grant agreement pursuant to this section, the
State shall submit to the Secretary a report on the activities
conducted with the funds provided, including information
regarding how and where such funds were spent and such
additional information as the Secretary determines is
appropriate for oversight of the program under this section.
(2) Report to congress by the secretary.--Not later than 18
months after the date of enactment of this Act, the Secretary
shall submit to the appropriate Congressional committees a
report on the program under this section, together with
recommendations for such legislation and administrative action
as the Secretary determines appropriate.
(e) Indian Tribe Eligibility.--An Indian Tribe is eligible to apply
for and receive a grant under this section in the same manner as a
State, except that the Secretary may adjust any requirement under this
section for an Indian Tribe to accomplish the purposes of this grant.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the majority leader, and the
minority leader of the Senate; and
(B) the Committee on Homeland Security, the
Speaker, and the minority leader of the House of
Representatives.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Risk limiting audit.--The term ``risk limiting audit''
means an audit protocol that makes use of statistical methods
and is designed to limit to acceptable levels the risk of
certifying a preliminary election outcome that constitutes an
incorrect outcome.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the United States Virgin Islands.
(6) Voting system.--The term ``voting system'' has the
meaning given that term in section 301(b) of the Help America
Vote Act of 2002 (52 U.S.C. 21081(b)).
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $2,500,000,000 for the period of
fiscal years 2019 through 2028. Amounts appropriated under the
preceding sentence shall remain available until expended. | Protecting the Right to Independent and Democratic Elections Act or the PRIDE Voting Act This bill establishes an election security grant program under which the Department of Homeland Security awards grants to states to carry out one or more of the following activities: (1) implementing or improving the use of auditable paper ballots, (2) conducting post-election risk limiting audits, and (3) implementing cybersecurity standards and best practices developed by the National Institute of Standards and Technology. | billsum_train |
Subsets and Splits