INSTRUCTION
stringlengths 30
479k
| RESPONSE
stringlengths 1
35.4k
| SOURCE
stringclasses 8
values |
---|---|---|
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Care for Recovering
Families Act''.
SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR CERTAIN INDIVIDUALS.
(a) ERISA Amendment.--Section 605 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1165) is amended by adding at the end
the following:
``(c) Temporary Extension of COBRA Election and Coverage Period for
Victims of Terrorist Attacks.--
``(1) In general.--In the case of an eligible individual
and notwithstanding subsection (a), such individual may elect
continuation coverage under this part during the 120-day period
that begins on the later of--
``(A) the date of enactment of the Continuing Care
for Recovering Families Act; or
``(B) the date on which the individual experiences
the terrorism-related loss of coverage.
``(2) Commencement of coverage; no reach-back.--Any
continuation coverage elected by an eligible individual under
paragraph (1) shall commence at the beginning of the 120-day
election period described in such paragraph and shall not
include any period prior to such 120-day election period. In no
event shall the maximum period required under section 602(2)(A)
be less than the period during which the individual is an
eligible individual.
``(3) Preexisting conditions.--With respect to an
individual who elects continuation coverage pursuant to
paragraph (1), the period--
``(A) beginning on the date of the terrorism-
related loss of coverage, and
``(B) ending on the first day of the 120-day
election period described in paragraph (1), shall be
disregarded for purposes of determining the 63-day
periods referred to in section 701(c)(2), section
2701(c)(2) of the Public Health Service Act, and
section 9801(c)(2) of the Internal Revenue Code of
1986.
``(4) Definitions.--For purposes of this subsection:
``(A) Eligible individual.--The term `eligible
individual' means an individual who--
``(i)(I) is the child of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001; or
``(II) was the spouse of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001, on
September 11, 2001;
``(ii) has experienced a terrorism-related
loss of coverage; and
``(iii) is not otherwise entitled to
benefits, or enrolled, under part A of title
XVIII of the Social Security Act or enrolled
under part B of such title.
``(B) Terrorism-related loss of coverage.--The term
`terrorism-related loss of coverage' means, with
respect to an eligible individual, the loss of health
benefits coverage associated with the death, injury, or
loss of employment of an individual described in
section 405(c)(2) of the September 11th Victim
Compensation Fund of 2001.''.
(b) PHSA Amendment.--Section 2205 of the Public Health Service Act
(42 U.S.C. 300bb-5) is amended by adding at the end the following:
``(c) Temporary Extension of COBRA Election and Coverage Period for
Victims of Terrorist Attacks.--
``(1) In general.--In the case of an eligible individual
and notwithstanding subsection (a), such individual may elect
continuation coverage under this title during the 120-day
period that begins on the later of--
``(A) the date of enactment of the Continuing Care
for Recovering Families Act; or
``(B) the date on which the individual experiences
the terrorism-related loss of coverage.
``(2) Commencement of coverage; no reach-back.--Any
continuation coverage elected by an eligible individual under
paragraph (1) shall commence at the beginning of the 120-day
election period described in such paragraph and shall not
include any period prior to such 120-day election period. In no
event shall the maximum period required under section
2202(2)(A) be less than the period during which the individual
is an eligible individual.
``(3) Preexisting conditions.--With respect to an
individual who elects continuation coverage pursuant to
paragraph (1), the period--
``(A) beginning on the date of the terrorism-
related loss of coverage, and
``(B) ending on the first day of the 120-day
election period described in paragraph (1), shall be
disregarded for purposes of determining the 63-day
periods referred to in section 2701(c)(2), section
701(c)(2) of the Employee Retirement Income Security
Act of 1974, and section 9801(c)(2) of the Internal
Revenue Code of 1986.
``(4) Definitions.--For purposes of this subsection:
``(A) Eligible individual.--The term `eligible
individual' means an individual who--
``(i)(I) is the child of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001; or
``(II) was the spouse of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001, on
September 11, 2001;
``(ii) has experienced a terrorism-related
loss of coverage; and
``(iii) is not otherwise entitled to
benefits, or enrolled, under part A of title
XVIII of the Social Security Act or enrolled
under part B of such title.
``(B) Terrorism-related loss of coverage.--The term
`terrorism-related loss of coverage' means, with
respect to an eligible individual, the loss of health
benefits coverage associated with the death, injury, or
loss of employment of an individual described in
section 405(c)(2) of the September 11th Victim
Compensation Fund of 2001.''.
(c) IRC Amendments.--Paragraph (5) of section 4980B(f) of the
Internal Revenue Code of 1986 (relating to election) is amended by
adding at the end the following:
``(D) Temporary extension of cobra election and
coverage period for victims of terrorist attacks.--
``(i) In general.--In the case of an
eligible individual and notwithstanding
paragraph (1), such individual may elect
continuation coverage under this title during
the 120-day period that begins on the later
of--
``(I) the date of enactment of the
Continuing Care for Recovering Families
Act; or
``(II) the date on which the
individual experiences the terrorism-
related loss of coverage.
``(ii) Commencement of coverage; no reach-
back.--Any continuation coverage elected by an
eligible individual under clause (i) shall
commence at the beginning of the 120-day
election period described in such clause and
shall not include any period prior to such 120-
day election period. In no event shall the
maximum period required under paragraph
(2)(B)(i) be less than the period during which
the individual is an eligible individual.
``(iii) Preexisting conditions.--With
respect to an individual who elects
continuation coverage pursuant to clause (i),
the period--
``(I) beginning on the date of the
terrorism-related loss of coverage, and
``(II) ending on the first day of
the 120-day election period described
in clause (i), shall be disregarded for
purposes of determining the 63-day
periods referred to in section
9801(c)(2), section 701(c)(2) of the
Employee Retirement Income Security Act
of 1974, and section 2701(c)(2) of the
Public Health Service Act.
``(iv) Definitions.--For purposes of this
subparagraph:
``(I) Eligible individual.--The
term `eligible individual' means an
individual who--
``(aa)(AA) is the child of
an individual described in
section 405(c)(2) of the
September 11th Victim
Compensation Fund of 2001; or
``(BB) was the spouse of an
individual described in section
405(c)(2) of the September 11th
Victim Compensation Fund of
2001, on September 11, 2001;
``(bb) has experienced a
terrorism-related loss of
coverage; and
``(cc) is not otherwise
entitled to benefits, or
enrolled, under part A of title
XVIII of the Social Security
Act or enrolled under part B of
such title.
``(II) Terrorism-related loss of
coverage.--The term `terrorism-related
loss of coverage' means, with respect
to an eligible individual, the loss of
health benefits coverage associated
with the death, injury, or loss of
employment of an individual described
in section 405(c)(2) of the September
11th Victim Compensation Fund of
2001.''. | Continuing Care for Recovering Families Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow spouses and children of victims of the terrorist attacks of September 11, 2001, to purchase or continue to purchase health insurance coverage, under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), if they elect to do so during a 120-day period beginning on the date when this Act is enacted or on the date when they lose their COBRA coverage, whichever is later. Requires such elected coverage to continue for such eligible individuals unless they are otherwise covered or are eligible under Medicare. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid State Long-Term Care
Partnership Program Act of 2005''.
SEC. 2. EXPANSION OF STATE LONG-TERM CARE PARTNERSHIP PROGRAM.
(a) In General.--Section 1917(b) of the Social Security Act (42
U.S.C. 1396p(b)) is amended--
(1) in paragraph (1)(C)(i), by striking ``shall seek
adjustment'' and inserting ``may seek adjustment'';
(2) in paragraph (1)(C)(ii), by inserting ``or which has a
State plan amendment that provides for a qualified State long-
term care insurance partnership (as defined in clause (iii))''
after ``1993,'';
(3) by adding at the end of paragraph (1)(C) the following
new clauses:
``(iii) For purposes of this paragraph, the term `qualified
State long-term care insurance partnership' means a State plan
amendment under this title that provides for the disregard of
any assets or resources in an amount equal to the insurance
benefit payments that are made under a long-term care insurance
policy (including a certificate issued under a group insurance
contract), regardless of whether the policy was issued before
the effective date of such plan amendment, if the following
requirements are met:
``(I) The policy covers an insured who, when
coverage first became effective under the policy, was a
resident of such State or of another State that had
such a partnership in effect or that had in effect a
State plan amendment described in clause (ii) that was
approved as of May 19, 1993.
``(II) The policy meets the requirements of State
law in the State in which it is issued.
``(III) The policy is a qualified long-term care
insurance policy (as defined in section 7702B(b) of the
Internal Revenue Code of 1986).
``(IV) Such disregard shall not apply if the policy
was originally issued to the insured when the insured
resided in another State, unless that other State
continues to have a qualified State long-term care
insurance partnership in effect.
``(V) If the policy does not provide some level of
inflation protection, the insured was offered, before
the policy was sold, a long-term care insurance policy
that provides some level of inflation protection.
``(VI) The State plan amendment provides for agent
training for the sale of long-term care insurance
policies under the partnership.
``(VII) The issuer of the policy provides regular
reports to the Secretary that include, in accordance
with regulations of the Secretary (promulgated after
consultation with the States), notification regarding
when all benefits provided under the policy have been
paid and the amount of such benefits paid, when the
policy otherwise terminates, and such other information
as the Secretary determines may be appropriate to the
administration of such partnerships.
``(VIII) The State does not impose any requirement
affecting the terms or benefits of such a policy unless
the State imposes such requirement on long-term care
insurance policies without regard to whether the policy
is covered under the partnership or is offered in
connection with such a partnership.
In the case of a long-term care insurance policy which is
exchanged for another such policy, subclause (I) shall be
applied based on the coverage of the first such policy that was
exchanged.
``(iv) The Secretary--
``(I) as appropriate, shall provide copies of the
reports described in clause (iii)(VII) to the State
involved; and
``(II) shall promote the education of consumers
regarding qualified State long-term care insurance
partnerships.''; and
(4) in paragraph (4)(B), by striking ``(and shall include,
in the case of an individual to whom paragraph (1)(C)(i)
applies)''.
(b) Application of Certain Requirements to Existing Partnership
Programs.--Subparagraph (C) of such section, as amended by subsection
(a), is further amended--
(1) in clause (ii), by inserting ``(subject to clause
(v))'' after ``under a State plan of a State which''; and
(2) by adding at the end the following new clause:
``(v) Clause (ii) shall continue to apply to a State plan
amendment approved as of May 19, 1993, only if the State plan
amendment--
``(I) is modified by not later than 30 days after
the date of the enactment of this Act to meet the
requirements of subclauses (III) and (V) of clause
(iii); and
``(II) is modified by not later than 1 year after
such date of enactment to meet the requirement of
clause (iii)(VI).''. | Medicaid State Long-Term Care Partnership Program Act of 2005 - Amends title XIX (Medicaid) with respect to the requirement that a state seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the state plan in the case of an individual who has received (or is entitled to receive) benefits under a long-term care insurance policy in connection with which assets or resources are disregarded in specified manner.
Converts to a discretionary option the current requirement that the state seek adjustment or recovery from an individual's estate on account of medical assistance paid on the individual's behalf for nursing facility and other long-term care services. Exempts from application of such authority the case of an individual who received medical assistance under a state plan of a state which has a state plan amendment that provides for a qualified state long-term care insurance partnership.
Defines "qualified state long-term care insurance partnership" to mean a state plan amendment under title XIX that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made under a long-term care insurance policy, regardless of whether the policy was issued before the effective date of such plan amendment, if specified requirements are met.
Directs the Secretary of Health and Human Services to promote the education of consumers regarding qualified state long-term care insurance partnerships. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Empowerment Zone Act of
2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Designation of health empowerment zones.
Sec. 5. Assistance to those seeking designation.
Sec. 6. Benefits of designation.
Sec. 7. Definition.
Sec. 8. Authorization of appropriations.
SEC. 3. FINDINGS.
(a) Findings.--The Congress finds the following:
(1) Numerous studies and reports, including the National
Healthcare Disparities Report and Unequal Treatment, the 2002
Institute of Medicine Report, document the extensiveness to
which health disparities exist across the country.
(2) These studies have found that, on average, racial and
ethnic minorities are disproportionately afflicted with chronic
and acute conditions--such as cancer, diabetes, and
hypertension--and suffer worse health outcomes, worse health
status, and higher mortality rates than their White
counterparts.
(3) Several recent studies also show that health
disparities are a function of not only access to health care,
but also the social determinants of health--including the
environment, the physical structure of communities, nutrition
and food options, educational attainment, employment, race,
ethnicity, geography, and language preference--that directly
and indirectly affect the health, health care, and wellness of
individuals and communities.
(4) Integrally involving and fully supporting the
communities most affected by health inequities in the
assessment, planning, launch, and evaluation of health
disparity elimination efforts is among the leading
recommendations made to adequately address and ultimately
reduce health disparities.
(5) Recommendations also include supporting the efforts of
community stakeholders from a broad cross section--including,
but not limited to local businesses, local departments of
commerce, education, labor, urban planning, and transportation,
and community-based and other nonprofit organizations--to find
areas of common ground around health disparity elimination and
collaborate to improve the overall health and wellness of a
community and its residents.
SEC. 4. DESIGNATION OF HEALTH EMPOWERMENT ZONES.
(a) In General.--At the request of an eligible community
partnership, the Secretary may designate an eligible area as a health
empowerment zone.
(b) Eligibility Criteria.--
(1) Eligible community partnership.--A community
partnership is eligible to submit a request under this section
if the partnership--
(A) demonstrates widespread public support from key
individuals and entities in the eligible area,
including State and local governments, nonprofit
organizations, and community and industry leaders, for
designation of the eligible area as a health
empowerment zone; and
(B) includes representatives of--
(i) a broad cross section of stakeholders
and residents from communities in the eligible
area experiencing disproportionate disparities
in health status and health care; and
(ii) organizations, facilities, and
institutions that have a history of working
within and serving such communities.
(2) Eligible area.--An area is eligible to be designated as
a health empowerment zone under this section if one or more
communities in the area experience disproportionate disparities
in health status and health care. In determining whether a
community experiences such disparities, the Secretary shall
consider the data collected by the Department of Health and
Human Services focusing on the following areas:
(A) Access to high-quality health services.
(B) Arthritis, osteoporosis, and chronic back
conditions.
(C) Cancer.
(D) Chronic kidney disease.
(E) Diabetes.
(F) Injury and violence prevention.
(G) Maternal, infant, and child health.
(H) Medical product safety.
(I) Mental health and mental disorders.
(J) Nutrition and overweight.
(K) Disability and secondary conditions.
(L) Educational and community-based health
programs.
(M) Environmental health.
(N) Family planning.
(O) Food safety.
(P) Health communication.
(Q) Health disease and stroke.
(R) HIV/AIDS.
(S) Immunization and infectious diseases.
(T) Occupational safety and health.
(U) Oral health.
(V) Physical activity and fitness.
(W) Public health infrastructure.
(X) Respiratory diseases.
(Y) Sexually transmitted diseases.
(Z) Substance abuse.
(AA) Tobacco use.
(BB) Vision and hearing.
(c) Procedure.--
(1) Request.--A request under subsection (a) shall--
(A) describe the bounds of the area to be
designated as a health empowerment zone and the process
used to select those bounds;
(B) demonstrate that the partnership submitting the
request is an eligible community partnership described
in subsection (b)(1);
(C) demonstrate that the area is an eligible area
described in subsection (b)(2);
(D) include a comprehensive assessment of
disparities in health status and health care experience
by one or more communities in the area;
(E) set forth--
(i) a vision and a set of values for the
area; and
(ii) a comprehensive and holistic set of
goals to be achieved in the area through
designation as a health empowerment zone; and
(F) include a strategic plan for achieving the
goals described in subparagraph (E)(ii).
(2) Approval.--Not later than 60 days after the receipt of
a request for designation of an area as a health empowerment
zone under this section, the Secretary shall approve or
disapprove the request.
(d) Minimum Number.--The Secretary--
(1) shall designate not more than 110 health empowerment
zones under this section; and
(2) shall designate at least one health empowerment zone in
each of the several States, the District of Columbia, and each
territory or possession of the United States.
SEC. 5. ASSISTANCE TO THOSE SEEKING DESIGNATION.
At the request of any organization or entity seeking to submit a
request under section 4(a), the Secretary shall provide technical
assistance, and may award a grant, to assist such organization or
entity--
(1) to form an eligible community partnership described in
subsection (b)(1);
(2) to complete a health assessment, including an
assessment of health disparities under subsection (c)(1)(D); or
(3) to prepare and submit a request, including a strategic
plan, in accordance with section 4.
SEC. 6. BENEFITS OF DESIGNATION.
(a) Priority.--In awarding any competitive grant, a Federal
official shall give priority to any applicant that--
(1) meets the eligibility criteria for the grant;
(2) proposes to use the grant for activities in a health
empowerment zone; and
(3) demonstrates that such activities will directly and
significantly further the goals of the strategic plan approved
for such zone under section 4.
(b) Grants for Initial Implementation of Strategic Plan.--
(1) In general.--Upon designating an eligible area as a
health empowerment zone at the request of an eligible community
partnership, the Secretary shall, subject to the availability
of appropriations, make a grant to the community partnership
for implementation of the strategic plan for such zone.
(2) Grant period.--A grant under paragraph (1) for a health
empowerment zone shall be for a period of 2 years and may be
renewed, except that the total period of grants under paragraph
(1) for such zone may not exceed 10 years.
(3) Limitation.--In awarding grants under this subsection,
the Secretary shall not give less priority to an applicant or
reduce the amount of a grant because the Secretary rendered
technical assistance or made a grant to the same applicant
under section 5.
(4) Reporting.--The Secretary shall require each recipient
of a grant under this subsection to report to the Secretary not
less than every 6 months on the progress in implementing the
strategic plan for the health empowerment zone.
SEC. 7. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Health
and Human Services, acting through the Administrator of the Health
Resources and Services Administration and the Director of the Office of
Minority Health, and in cooperation with the Director of the Office of
Community Services and the Director of the National Center for Minority
Health and Health Disparities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there is authorized to be appropriated
$100,000,000 for fiscal year 2010. | Health Empowerment Zone Act of 2009 - Authorizes the Secretary of Health and Human Services (HHS), at the request of a broad-based community partnership, to designate a community that experiences disproportionate disparities in health status and health care as a health empowerment zone. Requires federal officials to give priority in awarding competitive grants to grants used in or benefiting a health empowerment zone.
Directs the Secretary to provide: (1) technical assistance (or grants) to entities seeking to form a community partnership or obtain a health empowerment zone designation for a community; and (2) grants to community partnerships for implementation of the strategic plan for a health empowerment zone. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Center for Rare Disease Research Act
of 1993''.
SEC. 2. ESTABLISHMENT OF CENTER FOR RARE DISEASE RESEARCH.
Part E of title IV of the Public Health Service Act (42 U.S.C. 287
et seq.) is amended by adding at the end thereof the following new
subpart:
``Subpart 4--Center for Rare Disease Research
``SEC. 485C. ESTABLISHMENT.
``(a) In General.--There shall be established in the Office of the
Director of the National Institutes of Health a Center for Rare Disease
Research (hereafter referred to in this section as the `Center'). The
Director of the National Institutes of Health shall appoint an
individual with expertise in rare diseases to serve as the Director of
the Center (hereafter referred to in this section as the `Director').
``(b) Purpose.--The general purpose of the Center is to promote and
coordinate the conduct of research on rare diseases and to establish
and manage a rare disease research clinical database. In carrying out
the purpose of the Center, the Director shall--
``(1) conduct and support research and research training;
``(2) award grants and contracts;
``(3) identify projects of research on rare diseases that
should be conducted or supported by the National Institutes of
Health;
``(4) disseminate information among the institutes and the
public on rare diseases;
``(5) develop and maintain a central database on current
clinical research projects for rare diseases;
``(6) encourage the participation of a diversity of
individuals in the conduct of rare disease research; and
``(7) coordinate the conduct of rare disease research among
all institutes and other Federal agencies.
``(c) Strategic Research Plan.--The Director shall develop a
comprehensive plan for the conduct and support of research on rare
diseases. The plan shall--
``(1) identify current research activities conducted or
supported by the Federal Government and private entities,
opportunities and needs for additional research and priorities
for such research;
``(2) make recommendations for the improved coordination of
research conducted by the Federal Government among its agencies
and private entities;
``(3) give emphasis to areas with respect to which little
research has been conducted;
``(4) examine the extent of research on gene therapy and
genetic transfers and develop a plan to enhance the extent of
research on gene therapy, particularly for rare diseases;
``(5) determine the need for registries of research
subjects and epidemiological studies of rare disease
populations;
``(6) identify the obstacles to the development of
treatments for rare diseases; and
``(7) examine training and education requirements for
physicians treating rare diseases.
``(d) Coordinating Committee.--
``(1) Establishment.--The Secretary shall establish a
Coordinating Committee on Rare Disease Research (hereafter
referred to as the `Coordinating Committee') to be composed
of--
``(A) the Directors of the agencies and institutes
of the National Institutes of Health;
``(B) the Director of the Center who shall serve as
the chairperson of the Coordinating Committee;
``(C) the Administrator of the Veterans
Administration;
``(D) the Secretary of Defense;
``(E) the Administrator of the Food and Drug
Administration;
``(F) the Administrator of the Health Care
Financing Administration; and
``(G) the Director of the Center for Disease
Control and Prevention.
``(2) Duties.--The Coordinating Committee shall--
``(A) identify needs for research on rare diseases;
``(B) estimate the funds needed during each fiscal
year to adequately fund research on rare diseases;
``(C) encourage the agencies and Institutes of the
National Institutes of Health to support and conduct
research on rare diseases;
``(D) coordinate research on rare diseases in the
Federal Government in an effort to avoid duplication
and enhance research in areas traditionally not funded;
``(E) ensure that a diversity of individuals are
able to participate as research subjects in projects
conducting research on rare diseases; and
``(F) biennially prepare and submit to the
Secretary and the Congress a report concerning the
activities of the Coordinating Committee.
``(e) National Advisory Board on Rare Disease Research.--
``(1) Establishment.--The Director shall establish an
advisory board to be known as the Advisory Board on Rare
Disease Research (hereafter referred to in this section as the
`Board').
``(2) Duties.--The Board shall review and assess Federal
research needs, priorities, activities, funding and findings
regarding rare diseases and shall advise the Director on the
development and implementation of the research plan required
under subsection (c).
``(3) Composition.--The Board shall be composed of 15
individuals to be appointed by the Director of the National
Institutes of Health, of which eight individuals shall be
representatives of health and scientific disciplines with
respect to rare diseases and seven individuals shall be
representing the interest of individuals with rare diseases.
Such individuals shall not be officers or employees of the
Federal Government.
``(4) Ex officio members.--The members of the Coordinating
Committee shall serve as ex officio members of the Board.
``(5) Chairperson.--The members of the Board shall annually
select an individual to serve as the chairperson of the Board.
``(f) National Rare Disease Clinical and Informational Database.--
``(1) Establishment.--The Director shall establish a
database that--
``(A) identifies the extent, location, and sponsor
of current research conducted on rare diseases;
``(B) connects researchers of rare diseases with
patients needed as subjects for clinical trials;
``(C) provides physicians and individuals with
information concerning the location and sponsors of
clinical trials on rare diseases; and
``(D) connects patients with support groups in rare
diseases.
``(2) Availability.--The Director shall ensure that
information in the database is available to the general public.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $10,000,000 for each of the
fiscal years 1994 through 1996.
``(h) Definition.--As used in this section, the term `rare disease'
means any disease or condition that affects fewer than 200,000
individuals in the United States.''. | Center for Rare Disease Research Act of 1993 - Amends the Public Health Service Act to establish in the Office of the Director of the National Institutes of Health a Center for Rare Disease Research in order to promote and coordinate the conduct of research on rare diseases and to establish and maintain a rare disease clinical data base. Authorizes appropriations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection Against Wrongful Voter
Purges Act''.
SEC. 2. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS FROM
OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OTHER THAN
CHANGE OF RESIDENCE.
(a) In General.--Section 8 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Notice and Review Requirements For Removal of Individuals
From List of Eligible Voters by Reason Other Than Change of
Residence.--
``(1) Minimum notice prior to removal.--
``(A) In general.--In addition to any other
requirements applicable under this section, a State may
not remove a registrant from the official list of
eligible voters for an election for Federal office by
reason other than death or a change of residence unless
the State provides the registrant with a notice of
removal meeting the requirements of subparagraph (B)
not later than 30 days before the date of the election.
``(B) Requirements for notice.--The notice required
under this subparagraph shall be sent by forwardable
mail, and shall include the following:
``(i) A statement that the State intends to
remove the registrant from the official list of
eligible voters for elections for Federal
office.
``(ii) A description of the reasons for
removal, including (in the case of an
individual proposed to be removed by reason of
criminal conviction) sufficient identifying
information on the criminal conviction alleged
to be the basis for removal to enable the
registrant to determine whether the registrant
was convicted of the offense cited in the
notice.
``(iii) A statement that the registrant may
obtain a review of the removal from an
appropriate State election official in
accordance with paragraph (2).
``(iv) A postage pre-paid and pre-addressed
envelope and a clear list of contact
information for the appropriate State election
official that includes a mailing address,
telephone number, and fax number.
``(2) Review of decision to remove.--
``(A) In general.--A registrant who receives a
notice of removal under paragraph (1) may submit a
written request to a designated State election official
to withdraw the notice and retain the registrant on the
official list of eligible voters, and may include in
the request such information and evidence as the
registrant considers appropriate to show that the
registrant is not subject to removal from the list
under State law, including information and evidence
showing that the registrant was not convicted of the
criminal offense cited in the notice or that the period
of ineligibility imposed as the result of a conviction
of a criminal offense has expired (in the case of an
individual proposed to be removed by reason of criminal
conviction).
``(B) Response by state.--Not later than 10 days
after receiving a request from a registrant under
subparagraph (A), the State shall review the
information and evidence included and accept or reject
the request, and shall notify the registrant in writing
of its decision.
``(3) Special rules for removal by reason of death of
registrant.--In the case of an individual proposed to be
removed by reason of death--
``(A) the notice of removal under paragraph (1)
shall be addressed to the occupant of the most recent
address of the registrant in the records of the
appropriate State election official;
``(B) the notice shall include a statement that the
occupant should notify the appropriate State election
official immediately if the notice of the registrant's
death is in error;
``(C) if the notice of removal was issued in error,
the registrant may submit a written request under
paragraph (2) to withdraw the notice and retain the
registrant on the official list of eligible voters; and
``(D) if the registrant submits such a written
request, the State shall notify the registrant of the
decision made under paragraph (2)(B) with respect to
the request.
``(4) Opportunity to cast provisional ballot.--Any
registrant who receives a notice of removal under paragraph (1)
and believes that the removal decision was made in error shall
be permitted to cast a provisional ballot in an election for
Federal office in accordance with section 302(a) of the Help
America Vote Act of 2002, and the vote cast by such a ballot
shall be counted in the election (in accordance with the
standards and procedures of such section) if it is determined
that the removal decision was made in error.
``(5) No expansion of grounds for removal.--Nothing in this
subsection may be construed to require or authorize the
establishment of any grounds for the removal of a registrant
from the official list of eligible voters for an election for
Federal office which were not in effect prior to the enactment
of this subsection.''.
(b) Adoption of Voluntary Guidance Regarding Audits of Computerized
List.--Section 311 of the Help America Vote Act of 2002 (42 U.S.C.
15501) is amended by adding at the end the following new subsection:
``(d) Voluntary Guidance Regarding Audits of Computerized List.--
Not later than October 1, 2008, the Commission shall adopt voluntary
guidance with respect to audits of the Statewide computerized voter
registration list required to be maintained under section 303 so that
each State will be able to ensure that the list reflects an accurate
and complete count of all individuals who are validly registered to
vote in elections for Federal office in the State and is secure against
unauthorized uses.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8 of
the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
6) is amended--
(A) in subsection (a)(3)(B), by striking ``State
law,'' and inserting ``State law and consistent with
the requirements of subsection (j),'';
(B) in subsection (a)(4)(A), by striking the
semicolon at the end and inserting and ``, consistent
with the requirements of subsection (j);'';
(C) in the heading for subsection (d), by inserting
after ``Rolls'' the following: ``by Reason of Change of
Residence''; and
(D) in subsection (i)(2), by inserting after
``subsection (d)(2)'' the following: ``and all persons
to whom notices described in subsection (j)''.
(2) Help america vote act of 2002.--Section 303(a) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended--
(A) in paragraph (2)(A)(i), by striking ``and (e)''
and inserting ``(e), and (j)''; and
(B) in paragraph (4)(B), by striking ``Safeguards''
and inserting ``In addition to meeting the applicable
notice and review requirements of section 8 of the
National Voter Registration Act of 1993, safeguards''.
(d) Rule of Construction.--Nothing in this section or any amendment
made by this section may be construed--
(1) to affect the right of any individual to cast a
provisional ballot under section 302(a) of the Help America
Vote Act of 2002; or
(2) to prohibit any State from providing individuals
threatened with removal from the official list of eligible
voters in the State with greater protections than those
required under section 8(j) of the National Voter Registration
Act of 1993 (as added by subsection (a)).
(e) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office in November 2008 and each succeeding election for
Federal office.
SEC. 3. CONTENTS AND TREATMENT OF VOTER REGISTRATION FORMS.
(a) Opportunity To Correct Incomplete Forms.--Section 303(b)(4)(B)
of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is
amended by striking ``to answer the question included on the mail voter
registration form pursuant to subparagraph (A)(i)'' and inserting ``to
provide any information required on any voter registration form used by
the State under section 6 of the National Voter Registration Act of
1993''.
(b) Completed National Form Deemed Complete For All States.--
Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Completed national form deemed complete for all
states.--
``(A) Treatment of completed form.--If an applicant
for voter registration in a State submits a voter
registration application form which contains all of the
information required to be provided under the mail
voter registration form developed by the Commission
under section 9(a)(2) of the National Voter
Registration Act of 1993 (whether the form submitted by
the applicant is the form developed by the Commission
or another form developed and used by the State under
section 6(a) of the National Voter Registration Act of
1993), the State may not refuse to register the
applicant as a voter on the ground that the applicant
failed to complete the form.
``(B) Presumption in favor of registration.--In
determining whether applicants meet the requirements
for registering to vote in elections for Federal office
in a State, State election officials shall act under
the presumption that applicants should be
registered.''.
SEC. 4. AVAILABILITY OF UPDATED INFORMATION FOR REGISTERED VOTERS.
(a) Requiring States To Make Updated Information Available to
Registered Voters.--Section 303(a)(1) of the Help America Vote Act of
2002 (42 U.S.C. 15483(a)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) Availability of updated version of list
online and at polling places.--
``(i) In general.--The appropriate State or
local election official shall ensure that, at
each polling place for an election for Federal
office and on a public website of the election
official of each registrar's jurisdiction, a
list is available which shows--
``(I) all individuals registered to
vote in that election at all polling
places located in the registrar's
jurisdiction, other than any individual
who requests that the appropriate
official exclude the individual's name
from the list; and
``(II) for each such individual,
the polling place at which the
individual is registered.
``(ii) Exclusion of addresses.--The list
required to be made available under clause (i)
may not contain the address of any individual.
``(iii) Timing.--The appropriate election
official shall make the list required to be
made available under clause (i)--
``(I) available not later than 72
hours after the applicable deadline
under State law for registering to vote
in elections for Federal office; or
``(II) in the case of a same-day
registration State, available on a
weekly basis during the 30-day period
which ends on the date of the election.
``(iv) Permitting individuals to opt out of
inclusion in publicly-posted list.--If an
individual requests that the appropriate
election official exclude the individual's name
from the publicly posted list under this
subparagraph--
``(I) the official shall exclude
information relating to the individual
from the publicly-posted list; and
``(II) the official shall notify
the individual in a private and
confidential manner of the polling
place to which the individual is
assigned in accordance with the
timetable provided for making the list
available under clause (iii).
``(v) Definitions.--In this subparagraph--
``(I) the term `registrar's
jurisdiction' has the meaning given
such term in section 8(j) of the
National Voter Registration Act of 1993
(42 U.S.C. 1973gg-6(j)); and
``(II) the term `same-day
registration State' means a State in
which, under law that is in effect
continuously on and after the date of
the enactment of the Protection Against
Wrongful Voter Purges Act, all voters
in the State may register to vote at
the polling place at the time of voting
in a general election for Federal
office.
``(C) Notification of changes in assigned polling
place.--If an election official assigns an individual
to a polling place which is different than the polling
place at which the individual was registered to vote
under the most recently available version of the list
required to be made available under subparagraph
(B)(i), the official shall notify the individual of the
new polling place immediately upon making the
assignment.''.
(b) Conforming Amendment.--Section 303(a)(1) of such Act (42 U.S.C.
15481(a)(1)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraph (C)''; and
(2) in subparagraph (C), as redesignated by subsection (a),
by striking ``requirement under subparagraph (A)'' and
inserting ``requirements under subparagraphs (A) and (B)''.
SEC. 5. NONAPPLICABILITY TO CERTAIN STATES.
This Act and the amendments made by this Act shall not apply to a
State in which, under a State law in effect continuously on and after
the date of the enactment of this Act, there is no voter registration
requirement for individuals in the State with respect to elections for
Federal office.
SEC. 6. EFFECTIVE DATE.
Section 303(d)(2) of the Help America Vote Act of 2002 (42 U.S.C.
15483(d)(2)) is amended--
(1) in subparagraph (A), by striking ``Each State'' and
inserting ``Except as provided in subparagraph (C), each
State'';
(2) in subparagraph (B), by striking ``The provisions'' and
inserting ``Except as provided in subparagraph (C), the
provisions''; and
(3) by adding at the end the following new subparagraph:
``(C) Delayed effective date for certain
provisions.--To the extent that any provision of
subsection (b) was amended by the Protection Against
Wrongful Voter Purges Act, such provision shall apply
with respect to the next election for Federal office
held after November 2008 and each succeeding election
for Federal office.''. | Protection Against Wrongful Voter Purges Act - Amends the National Voter Registration Act to establish notice and review requirements for removal of individuals from a list of eligible voters by reason other than death or a change of residence.
Requires the Federal Election Commission (FEC) to adopt voluntary guidance with respect to audits of the statewide computerized voter registration list so that each state will be able to ensure that the list: (1) reflects an accurate and complete count of all individuals validly registered to vote in federal elections; and (2) is secure against unauthorized uses.
Amends the Help America Vote Act of 2002 to prohibit a state from refusing to register any applicant who has completed the national voter registration application form.
Requires the appropriate state or local election official to ensure that, at each polling place for a federal election and on a public website of the election official of each registrar's jurisdiction, a list is available which shows: (1) all individuals registered to vote in that election at all polling places located in the registrar's jurisdiction; and (2) for each such individual, the polling place at which the individual is registered. Permits an individual to request exclusion from the list. Prohibits such list from containing an individual's address.
Provides that this Act shall not apply to a state in which there is no voter registration requirement for individuals in the state with respect to federal elections. | billsum_train |
Provide a summary of the following text: SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO
ELEMENTARY AND SECONDARY SCHOOLS.
(a) In General.--Subparagraph (B) of section 170(e)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) Qualified research or education
contribution.--For purposes of this paragraph, the term
`qualified research or education contribution' means a
charitable contribution by a corporation of tangible
personal property (including computer software), but
only if--
``(i) the contribution is to--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
``(II) a governmental unit
described in subsection (c)(1), or
``(III) an organization described
in section 41(e)(6)(B),
``(ii) the contribution is made not later
than 3 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) the property is scientific
equipment or apparatus substantially all of the
use of which by the donee is for--
``(I) research or experimentation
(within the meaning of section 174), or
for research training, in the United
States in physical or biological
sciences, or
``(II) in the case of an
organization described in clause (i)
(I) or (II), use within the United
States for educational purposes related
to the purpose or function of the
organization,
``(iv) the original use of the property
began with the taxpayer (or in the case of
property constructed by the taxpayer, with the
donee),
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, and
``(vi) the taxpayer receives from the donee
a written statement representing that its use
and disposition of the property will be in
accordance with the provisions of clauses (iv)
and (v).''
(b) Donations to Charity for Refurbishing.--Section 170(e)(4) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(D) Donations to charity for refurbishing.--For
purposes of this paragraph, a charitable contribution
by a corporation shall be treated as a qualified
research or education contribution if--
``(i) such contribution is a contribution
of property described in subparagraph (B)(iii)
to an organization described in section
501(c)(3) and exempt from taxation under
section 501(a),
``(ii) such organization repairs and
refurbishes the property and donates the
property to an organization described in
subparagraph (B)(i), and
``(iii) the taxpayer receives from the
organization to whom the taxpayer contributed
the property a written statement representing
that its use of the property (and any use by
the organization to which it donates the
property) meets the requirements of this
paragraph.''
(c) Conforming Amendments.--
(1) Paragraph (4)(A) of section 170(e) of the Internal
Revenue Code of 1986 is amended by striking ``qualified
research contribution'' each place it appears and inserting
``qualified research or education contribution''.
(2) The heading for section 170(e)(4) of such Code is
amended by inserting ``or education'' after ``research''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution," for purposes of the deduction for charitable contributions. Redefine such term as a "qualified research or education contribution." | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep America Healthy Act of 2005''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF UNINSURED, POOR ADULTS.
(a) Availability of Medicaid Coverage for Uninsured, Poor Adults.--
(1) Addition of optional coverage group.--Section
1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)) is amended--
(A) by striking ``or'' at the end of subclause
(XVII);
(B) by striking the semicolon at the end of
subclause (XVIII) and inserting ``, or''; and
(C) by adding at the end the following new
subclause:
``(XIX) described in subsection
(cc);''.
(2) Eligibility standards for new eligibility group.--
Section 1902 of such Act is further amended by adding at the
end the following new subsection:
``(cc) Coverage of Uninsured, Poor Adults.--For purposes of
subsection (a)(10)(A)(ii)(XIX), individuals described in this
subsection are individuals who meet the following requirements:
``(1) Age.--The individual is at least 21 years of age but
is under 65 years of age.
``(2) Income.--The income of the individual's family does
not exceed a percentage (not to exceed 200 percent) specified
by the State of the poverty line (as defined in section
2110(c)(5)) applicable to a family of the size involved and, at
the option of a State, the individual's resources do not exceed
such resource level as the State may establish, so long as such
resource level is not more restrictive than the resources an
individual may have and obtain benefits under the supplemental
security income program under title XVI.''.
(b) Provision of Enhanced Federal Medical Assistance as Incentive
for States to Increase Coverage.--
(1) Application of enhanced federal medical assistance
percentage.--Section 1905(b)(4) of such Act (42 U.S.C.
1396d(b)(4)) is amended by inserting ``or section
1902(a)(10)(A)(ii)(XIX)'' after ``section
1902(a)(10)(A)(ii)(XVIII)''.
(2) Increase in medicaid payment limit for territories to
accommodate expanded coverage for residents of puerto rico, the
virgin islands, guam, american samoa, and the northern mariana
islands.--Section 1108 of such Act (42 U.S.C. 1308) is
amended--
(A) in subsection (f), by striking ``subsection
(g)'' and inserting ``subsections (g) and (h)''; and
(B) by adding at the end the following new
subsection:
``(h) Increase in Medicaid Payment Limit to Accommodate Expanded
Coverage Under the Keep America Healthy Act.--
``(1) Fiscal year 2006 and thereafter.--With respect to
fiscal year 2006 and each succeeding fiscal year, if Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
or American Samoa provides for coverage of individuals under
section 1902(a)(10)(A)(ii)(XIX) in a fiscal year, the amounts
otherwise determined for the respective territory under
subsections (f) and (g) for such fiscal year shall be increased
by a percentage (estimated by the Secretary) equal to 120
percent of the State average Keep America Healthy percentage,
estimated by the Secretary under paragraph (2) for the fiscal
year involved.
``(2) Annual estimation of state average keep america
healthy percentage.--For each such fiscal year the Secretary
shall estimate a State average Keep America Healthy percentage
equal to (A) the total Federal payments under title XIX for the
fiscal year for the 50 States and the District of Columbia that
are attributable to individuals made eligible for benefits
under section 1902(a)(10)(A)(ii)(XIX), divided by (B) the total
Federal payments under such title the fiscal year for such
States and District.''.
(c) Conforming and Technical Amendments.--(1) Section 1903(f)(4) of
such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting
``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''.
(2) Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in
the matter before paragraph (1)--
(A) by striking ``or'' at the end of clause (xii);
(B) by adding ``or'' at the end of clause (xiii); and
(C) by inserting after clause (xiii) the following new
clause:
``(xiv) individuals described in section
1902(cc),''.
(3) Section 1905(u)(4) of such Act (42 U.S.C. 1396d(u)(4)) is
amended by inserting before the period at the end the following: ``for
individuals not covered under section 1902(a)(10)(A)(ii)(XIX)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005. | Keep America Healthy Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make a new optional Medicaid eligibility group for individuals between ages 21 and 65 whose family income does not exceed a State-specified percentage up to 200 percent of the applicable poverty line. Authorizes the State also to require the individual's resources not to exceed whatever level the State may establish, so long as it is not more restrictive than the requirements of SSA title XVI (Supplemental Security Income). Provides for the application to such new group of the enhanced Federal medical assistance percentage dtermined under SSA title XXI (State Children's Health Insurance Program) (SCHIP).
Amends SSA title XI to provide for an increase in the Medicaid payment limit for territories to accommodate expanded coverage for residents of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Innovation in Medicine
Act of 2015'' or the ``AIM Act of 2015''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Innovation in health care technology is necessary to
improve health outcomes and depends in part on the ability of
medical technology developers, including scientists,
physicians, engineers, and patient advocates, to introduce
medical devices into the marketplace.
(2) Even after meeting requirements for marketing set by
the Food and Drug Administration, there may be uncertainties
about patient access through government health care programs,
causing significant delays in bringing innovative medical
devices to patients or causing medical technology developers to
abandon potential health care solutions.
(3) Patients covered by the Medicare program are often
willing to enter into self-pay arrangements with physicians and
other providers to purchase items or services, yet under
current laws restricting such freedom of choice, the self-pay
arrangements may be associated with regulatory impediments or a
risk of civil penalties.
(4) Enabling health care technology manufacturers to
designate products to be directly available to self-pay
patients and excluded from government health program payments
at an early stage of product development will promote
innovation and result in increased patient access to desired
products and services, save taxpayer dollars, and reduce
administrative burdens on physicians and the government.
(5) Enabling health care technology manufacturers to
designate their devices as available to self-pay patients would
permit a window of time during which additional data may be
obtained on outcomes, comparative clinical effectiveness or
other data elements for possible future coverage by the
Medicare program.
SEC. 3. ESTABLISHMENT OF MANUFACTURER OPT-OUT PROGRAM FOR MEDICAL
DEVICES.
(a) In General.--Section 1862 of the Social Security Act (42 U.S.C.
1395y) is amended adding at the end the following new subsection:
``(p) Establishment of Accelerating Innovation in Medicine (AIM)
List of Medical Devices Voluntarily Excluded From Coverage.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection, the Secretary shall develop
and maintain a listing (in this section referred to as the `AIM
list') of medical devices for which, because of their inclusion
in such listing, no insurance benefit and no payment may be
made for such a device (or for any items or services related to
furnishing such device) under this title either directly or on
a capitated basis such that no claim for payment may be
submitted under this title for such a device (or for any items
or services related to furnishing such device) and an
individual who consents to receive such a device is responsible
for payment for the device (and for any items and services
related to furnishing such device).
``(2) Procedures for inclusion in aim list.--
``(A) Requirement for written consent of
manufacturer.--No medical device may be included in the
AIM list without the written consent of the
manufacturer of the device.
``(B) Submission process.--A manufacturer seeking
to have a medical device included in the AIM list shall
submit to the Secretary a request for inclusion of the
device in the AIM list. In the case of such a device
for which--
``(i) there is a request for approval or
clearance for marketing and sale of the device
by the Food and Drug Administration pursuant to
authority granted by the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.),
including pursuant to section 510(k) or 515(c)
of such Act (21 U.S.C. 360(k), 360e(c)), the
request for inclusion of the device in the AIM
list may not be submitted earlier than the date
of the request for such approval or clearance
and no later than the first business day of the
month beginning at least 30 days after the date
of such approval or clearance; or
``(ii) the device is exempt from such
approval and clearance requirements, the
request may be submitted at a time that is not
later than the first business day of the month
beginning at least 30 days after the date of
the first sale of the device by its
manufacturer.
``(3) Listing periods; removal from list.--
``(A) 3-year listing periods.--A medical device
included in the AIM list shall be initially listed for
a period of 3 years and shall remain so listed for
subsequent 3-year periods subject to subparagraphs (B)
and (C).
``(B) Removal at request of manufacturer.--At any
time a device of a manufacturer included in the AIM
list shall be removed from the AIM list upon the
written request of the manufacturer. Subject to
subparagraph (C), such a device of a manufacturer may
not be removed from the AIM list except upon the
written request of the manufacturer.
``(C) Provision of data on clinical studies as a
condition for continued listing.--As a condition for
the continued inclusion of the device of a manufacturer
in the AIM list for a subsequent 3-year listing period
under subparagraph (A), the manufacturer shall provide
the Secretary with published or publicly available data
on clinical studies completed for the device at the end
of the previous 3-year listing period. If the Secretary
determines that a manufacturer of a device has
materially failed to provide such data for the device,
the Secretary may remove the device from the AIM list
or not renew the listing for the device or both.
``(4) Medical device defined.--In this subsection, the term
`medical device' has the meaning given the term `device' in
section 201(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(h)).
``(5) Posting of listed devices on website.--The Secretary
shall post on a public website of the Department of Health and
Human Services or other publicly accessible manner a list of
the medical devices included in the AIM list and shall provide
for updating the website on a real-time basis (but no less
frequently than monthly) to reflect changes in the medical
devices in the AIM list.
``(6) Regulations not required.--Nothing in this subsection
shall be construed as requiring the Secretary to promulgate
regulations to carry out this subsection.
``(7) Requirement for informed consent in order for
provider to charge for device.--If a physician or other entity
furnishes a medical device included in the AIM list to an
individual under this title and failed to obtain, before
furnishing the device, an appropriate informed consent under
which the individual is informed of and accepts liability under
paragraph (1) for payment for the device (and for items and
services related to furnishing such device), the physician or
other entity is deemed to have agreed not to impose any charge
under this title for such device (and for items and services
related to furnishing such device).''.
(b) Conforming Amendment.--Section 1862(a) of the Social Security
Act (42 U.S.C. 1395y(a)) is amended--
(1) in paragraph (24), by striking ``or'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (25) the following new
paragraph:
``(26) where such expenses are for a medical device
included in the AIM list under section 1862(p) (or for items
and services related to furnishing such device).''. | Accelerating Innovation in Medicine Act of 2015 or the AIM Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to develop an accelerating innovation in medicine (AIM) list of medical devices (or for any items or services related to furnishing such devices) for which, because of their inclusion on the list, insurance benefits and payments are prohibited under Medicare (either directly or on a capitated basis), with the result that no Medicare claim may be submitted and an individual who consents to receive such a device (or related items or services) is responsible for paying for it and any related items and services. Directs the Secretary to post on a public HHS website or other publicly accessible media an updated list of the medical devices on the AIM list. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability and
Equity Act of 2005''.
SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS.
(a) Repeal of Dollar Limitation; Increase in Phaseout Beginning
Point.--Subsection (b) of section 221 of the Internal Revenue Code of
1986 (relating to maximum deduction) is amended to read as follows:
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be allowable as a deduction under this section
shall be reduced (but not below zero) by the amount determined
under paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph is the amount which bears the same ratio to the
amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $100,000 ($200,000 in the case of a
joint return), bears to
``(B) $15,000 ($30,000 in the case of a joint
return).
``(3) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined--
``(A) without regard to this section and sections
199, 222, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, and 469.''.
(b) Conforming Amendment.--Section 221(f)(1) of such Code is
amended to read as follows:
``(1) In general.--In the case of a taxable year beginning
after 2006, the $100,000 and $200,000 amounts in subsection (b)
shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2005' for `calendar year 1992' in
subparagraph (B) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE
PERMANENT.
(a) Repeal of Termination.--Section 222 of the Internal Revenue
Code of 1986 is amended by striking subsection (e).
(b) Conforming Amendments.--Subparagraph (B) of section 222(b)(2)
of such Code is amended--
(1) by striking ``2004 or 2005'' and inserting ``2004 or
thereafter'', and
(2) in the heading by striking ``and 2005'' and inserting
``and thereafter''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. EDUCATION SAVINGS ACCOUNTS.
(a) Increase in Allowable Contributions.--
(1) In general.--Clause (iii) of section 530(b)(1)(A) of
the Internal Revenue Code of 1986 is amended by striking
``$2,000'' and inserting ``$5,000''.
(2) Conforming amendment.--Section 4973(e)(1)(A) of such
Code is amended by striking ``$2,000'' and inserting
``$5,000''.
(b) Reports.--Subsection (h) of section 530 of such Code is amended
by striking the period at the end of the last sentence and inserting
``, except that reports shall be so filed and furnished for any
calendar year not later than June 30 of the following year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE
CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH
RESPECT TO HIGHER EDUCATION.
(a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 (defining qualified scholarship) is amended by
inserting before the period at the end the following: ``or, in the case
of enrollment or attendance at an eligible educational institution, for
qualified higher education expenses.''.
(b) Definitions.--Subsection (b) of section 117 of such Code is
amended by adding at the end the following new paragraph:
``(3) Qualified higher education expenses; eligible
educational institution.--The terms `qualified higher education
expenses' and `eligible educational institution' have the
meanings given such terms in section 529(e).''.
(c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of
such Code (relating to special rules for teaching and research
assistants) is amended by striking ``shall be applied as if it did not
contain the phrase `(below the graduate level)'.'' and inserting
``shall be applied--
``(A) as if it did not contain the phrase `(below
the graduate level)', and
``(B) by substituting `qualified higher education
expenses' for `tuition' the second place it appears.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2005 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 6. TREATMENT OF PREPAYMENT AND SAVINGS PLANS UNDER STUDENT
FINANCIAL AID NEEDS ANALYSIS.
(a) Definition of Assets.--Subsection (f) of section 480 of the
Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended--
(1) in paragraph (1) by inserting ``qualified education
benefit (except as provided in paragraph (3)),'' after ``tax
shelters,''; and
(2) by adding at the end the following new paragraphs:
``(3) A qualified education benefit shall not be considered an
asset of the student under section 475 of this part.
``(4) For purposes of this subsection, the term `qualified
education benefit' means--
``(A) a program which is described in clause (i) of section
529(b)(1)(A) of the Internal Revenue Code of 1986 and which
meets the requirements of section 529(b)(1)(B) of such Code;
``(B) a State tuition program described in clause (ii) of
section 529(b)(1)(A) of the Internal Revenue Code of 1986 which
meets the requirements of section 529(b)(1)(B) of such Code;
and
``(C) a Coverdell education savings account (as defined in
section 530(b)(1) of the Internal Revenue Code of 1986).''.
(b) Definition of Other Financial Assistance.--Subsection (j) of
section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j))
is amended--
(1) by striking ``; Tuition Prepayment Plans'' in the
heading of such subsection;
(2) by striking ``(1) For purposes'' and inserting ``For
purposes''; and
(3) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall
apply with respect to determinations of need under part F of title IV
of the Higher Education Act of 1965 for academic years beginning on or
after July 1, 2006.
SEC. 7. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE
SCHOLARSHIP CREDIT.
(a) Qualified Tuition and Related Expenses Expanded to Include
Books, Supplies, and Equipment.--Paragraph (1) of section 25A(f) of the
Internal Revenue Code of 1986 (defining qualified tuition and related
expenses) is amended by adding at the end the following new
subparagraph:
``(D) Additional expenses allowed for hope
scholarship credit.--For purposes of the Hope
Scholarship Credit, such term shall include fees,
books, supplies, and equipment required for courses of
instruction at the eligible educational institution.''.
(b) Hope Scholarship Credit not Reduced by Federal Pell Grants and
Supplemental Educational Opportunity Grants.--Subsection (g) of section
25A of such Code (relating to special rules) is amended by adding at
the end the following new paragraph:
``(8) Pell and seog grants.--For purposes of the Hope
Scholarship Credit, paragraph (2) shall not apply to amounts
paid for an individual as a Federal Pell Grant or a Federal
supplemental educational opportunity grant under subparts 1 and
3, respectively, of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a and 1070b et seq.,
respectively).''.
(c) Expanded Hope Expenses not Subject to Information Reporting
Requirements.--Subsection (e) of section 6050S of such Code (relating
to definitions) is amended by striking ``subsection (g)(2)'' and
inserting ``subsections (f)(1)(D) and (g)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2005 (in tax years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 8. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION
PROVISIONS.
Title IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 (relating to sunset of provisions of such Act) shall not apply
to subtitles A, B, and D of title IV of such Act. | Higher Education Affordability and Equity Act of 2005 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants.
Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act.
Amends the Higher Education Act of 1965 (HEA) to provide that a qualified education benefit shall not be considered an asset of a student for purposes of a student financial need analysis. Defines "qualified education benefit" as a tax-exempt tuition credits program, a State education prepayment plan, and a Coverdell education savings account. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honest FHA Originator Act of 2009''.
SEC. 2. REQUIREMENTS FOR FHA-APPROVED MORTGAGEES.
(a) Mortgagee Review Board.--Paragraph (2) of section 202(c) of the
National Housing Act (12 U.S.C. 1708(c)) is amended--
(1) in subparagraph (E), by inserting ``and'' after the
semicolon;
(2) in subparagraph (F), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (G).
(b) Limitations on Participation and Mortgagee Approval and Use of
Name.--Section 202 of the National Housing Act (12 U.S.C. 1708) is
amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following new
subsection:
``(d) Limitations on Participation in Origination and Mortgagee
Approval.--
``(1) Requirement.--Any person or entity that is not
approved by the Secretary to serve as a mortgagee, as such term
is defined in subsection (c)(7), shall not participate in the
origination of an FHA-insured loan except as authorized by the
Secretary.
``(2) Eligibility for approval.--In order to be eligible
for approval by the Secretary, an applicant mortgagee shall not
be, and shall not have any officer, partner, director,
principal, or employee of the applicant mortgagee who is--
``(A) currently suspended, debarred, under a
limited denial of participation (LDP), or otherwise
restricted under part 24 or 25 of title 24 of the Code
of Federal Regulations, or any successor regulations to
such parts, or under similar provisions of any other
Federal agency;
``(B) under indictment for, or has been convicted
of, an offense that reflects adversely upon the
applicant's integrity, competence or fitness to meet
the responsibilities of an approved mortgagee;
``(C) subject to unresolved findings contained in a
Department of Housing and Urban Development or other
governmental audit, investigation, or review;
``(D) engaged in business practices that do not
conform to generally accepted practices of prudent
mortgagees or that demonstrate irresponsibility;
``(E) convicted of, or who has pled guilty or nolo
contendre to, a felony related to participation in the
real estate or mortgage loan industry--
``(i) during the 7-year period preceding
the date of the application for licensing and
registration; or
``(ii) at any time preceding such date of
application, if such felony involved an act of
fraud, dishonesty, or a breach of trust, or
money laundering;
``(F) in violation of provisions of the S.A.F.E.
Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.)
or any applicable provision of State law; or
``(G) in violation of any other requirement as
established by the Secretary.''; and
(3) by adding at the end the following new subsection:
``(h) Use of Name.--The Secretary shall, by regulation, require
each mortgagee approved by the Secretary for participation in the FHA
mortgage insurance programs of the Secretary--
``(1) to use the business name of the mortgagee that is
registered with the Secretary in connection with such approval
in all advertisements and promotional materials, as such terms
are defined by the Secretary, relating to the business of such
mortgagee in such mortgage insurance programs; and
``(2) to maintain copies of all such advertisements and
promotional materials, in such form and for such period as the
Secretary requires.''.
(c) Change of Status.--The National Housing Act is amended by
striking section 532 (12 U.S.C. 1735f-10) and inserting the following
new section:
``SEC. 532. CHANGE OF MORTGAGEE STATUS.
``(a) Notification.--Upon the occurrence of any action described in
subsection (b), an approved mortgagee shall immediately submit to the
Secretary, in writing, notification of such occurrence.
``(b) Actions.--The actions described in this subsection are as
follows:
``(1) The debarment, suspension of a Limited Denial of
Participation (LDP), or application of other sanctions, fines,
or penalties applied to the mortgagee or to any officer,
partner, director, principal, manager, supervisor, loan
processor, loan underwriter, or loan originator of the
mortgagee pursuant to applicable provisions of State or Federal
law.
``(2) The revocation of a State-issued mortgage loan
originator license issued pursuant to the S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101 et seq.) or any other
similar declaration of ineligibility pursuant to State law.''.
(d) Civil Money Penalties.--Section 536 of the National Housing Act
(12 U.S.C. 1735f-14) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or any of its owners,
officers, or directors'' after ``mortgagee or
lender'';
(ii) in subparagraph (H), by striking
``title I'' and all that follows through ``Act
of 1989)'' and inserting ``title I or II''; and
(iii) by inserting after subparagraph (J)
the following:
``(K) Violation of section 202(d) of this Act (12
U.S.C. 1708(d)).''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(D) causing or participating in any of the
violations set forth in paragraph (1) of this
subsection.''; and
(2) in subsection (g), by striking ``The term'' and all
that follows through the end of the sentence and inserting
``For purposes of this section, a person acts knowingly when a
person has actual knowledge of acts or should have known of the
acts.''.
(e) Expanded Review of FHA Mortgagee Applicants and Newly Approved
Mortgagees.--Not later than the expiration of the 3-month period
beginning upon the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall--
(1) expand the existing process for reviewing new
applicants for approval for participation in the mortgage
insurance programs of the Secretary for mortgages on 1- to 4-
family residences for the purpose of identifying applicants who
represent a high risk to the Mutual Mortgage Insurance Fund;
and
(2) implement procedures that, for mortgagees approved
during the 12-month period ending upon such date of enactment--
(A) expand the number of mortgages originated by
such mortgagees that are reviewed for compliance with
applicable laws, regulations, and policies; and
(B) include a process for random reviews of such
mortgagees and a process for reviews that is based on
volume of mortgages originated by such mortgagees. | Honest FHA Originator Act of 2009 - Amends the National Housing Act to remove the Director of the Enforcement Center from the Mortgagee Review Board of the Federal Housing Administration (FHA) of the Department of Housing and Urban Development (HUD).
Declares that any person or entity that is not approved by the HUD Secretary is prohibited from serving as a mortgagee and from participating in the origination of an FHA-insured loan.
Sets forth mortgagee eligibility criteria.
Directs the Secretary to require each mortgagee approved for participation in the FHA mortgage insurance programs to: (1) use the business name of the mortgagee that is registered with the Secretary in all advertisements and promotional materials relating to the business of such mortgagee in the mortgage insurance programs; and (2) maintain copies of such advertisements and promotional materials.
Requires an approved mortgagee to submit immediate written notification of the following actions: (1) the debarment, suspension of a Limited Denial of Participation (LDP), or application of other sanctions, fines, or penalties applied to the mortgagee or to any officer, partner, director, principal, manager, supervisor, loan processor, loan underwriter, or loan originator of the mortgagee pursuant to applicable state or federal law; or (2) the revocation of a state-issued mortgage loan originator license or any other similar declaration of ineligibility pursuant to state law.
Instructs the Secretary to expand the review of FHA mortgagee applicants and newly approved mortgagees. | billsum_train |
Summarize the following text: SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.
``(a) Definitions.--In this section:
``(1) Agreement.--The term `Agreement' means--
``(A) the Agreement Concerning the Transboundary
Movement of Hazardous Waste between the United States
and Canada, signed at Ottawa on October 28, 1986 (TIAS
11099); and
``(B) any regulations promulgated to implement and
enforce that Agreement.
``(2) Municipal solid waste.--The term `municipal solid
waste' has the meaning given the term in the Agreement.
``(b) Prohibition.--It shall be unlawful for any person to import,
transport, or export municipal solid waste, for final disposal or
incineration, in violation of the Agreement.
``(c) Authority of Administrator.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administrator shall--
``(A) perform the functions of the Designated
Authority of the United States described in the
Agreement with respect to the importation and
exportation of municipal solid waste under the
Agreement; and
``(B) implement and enforce the Agreement
(including notice and consent provisions of the
Agreement).
``(2) Consent to importation.--In considering whether to
consent to the importation of municipal solid waste under
article 3(c) of the Agreement, the Administrator shall--
``(A)(i) give substantial weight to the views of
each State into which the municipal solid waste is to
be imported; and
``(ii) consider the views of the local government
having jurisdiction over the location at which
municipal solid waste is to be disposed of; and
``(B) consider the impact of the importation on--
``(i) continued public support for, and
adherence to, State and local recycling
programs;
``(ii) landfill capacity, as provided in
comprehensive waste management plans;
``(iii) air emissions resulting from
increased vehicular traffic;
``(iv) road deterioration resulting from
increased vehicular traffic; and
``(v) public health and the environment.
``(d) Compliance Orders.--
``(1) In general.--If, on the basis of any information, the
Administrator determines that a person has violated or is in
violation of this section, the Administrator may--
``(A) issue an order that--
``(i) assesses a civil penalty against the
person for any past or current violation of the
person; or
``(ii) requires compliance by the person
with this section immediately or by a specified
date; or
``(B) bring a civil action against the person for
appropriate relief (including a temporary or permanent
injunction) in the United States district court for the
district in which the violation occurred.
``(2) Specificity.--
``(A) In general.--Any order issued under paragraph
(1) for a violation of this subsection shall state with
reasonable specificity the nature of the violation.
``(B) Penalties.--
``(i) Maximum penalty.--Any penalty
assessed by an order issued under paragraph (1)
shall not exceed $25,000 per day of
noncompliance for each violation.
``(ii) Considerations.--In assessing a
penalty under this section, the Administrator
shall take into account--
``(I) the seriousness of the
violation for which the penalty is
assessed; and
``(II) any good faith efforts of
the person against which the penalty is
assessed to comply with applicable
requirements.
``(e) Public Hearing.--
``(1) In general.--Any order issued under this section
shall become final unless, not later than 30 days after the
date of issuance of the order, the person or persons against
which the order is issued submit to the Administrator a request
for a public hearing.
``(2) Hearing.--On receipt of a request under paragraph
(1), the Administrator shall promptly conduct a public hearing.
``(3) Subpoenas.--In connection with any hearing under this
subsection, the Administrator may--
``(A) issue subpoenas for--
``(i) the attendance and testimony of
witnesses; and
``(ii) the production of relevant papers,
books, and documents; and
``(B) promulgate regulations that provide for
procedures for discovery.
``(f) Violation of Compliance Orders.--If a person against which an
order is issued fails to take corrective action as specified in the
order, the Administrator may assess a civil penalty of not more than
$25,000 for each day of continued noncompliance with the order.''.
(b) Table of Contents.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of
the items relating to subtitle D the following:
``Sec. 4011. Canadian transboundary movement of municipal solid
waste.''. | Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste (MSW), for final disposal or incineration, in violation of the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986.Directs the Administrator of the Environmental Protection Agency to perform the functions of the Designated Authority of the United States with respect to the importation and exportation of MSW under the Agreement and to implement and enforce the Agreement.Sets forth factors for consideration in the Administrator's determinations of whether to consent to importation.Provides procedures for issuance of compliance orders, assessment of civil penalties, and conduct of public hearings. | billsum_train |
Give a brief overview of the following text: 67, and approved by
Congress, allow for such further authorizations.
TITLE II--GENERAL PROVISIONS
SEC. 201. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1862(f)) is amended to read as follows:
``(f) The Foundation shall provide an annual report to the
President which shall be submitted by the Director to the Congress at
the time of the President's annual budget submission. The report
shall--
``(1) contain a strategic plan, or an update to a previous
strategic plan, which--
``(A) defines for a three-year period the overall
goals for the Foundation and specific goals for each
major activity of the Foundation, including each
scientific directorate, the education directorate, and
the polar programs office; and
``(B) describe how the identified goals relate to
national needs and will exploit new opportunities in
science and technology;
``(2) identify the criteria and describe the procedures
which the Foundation will use to assess progress toward
achieving the goals identified in accordance with paragraph
(1);
``(3) review the activities of the Foundation during the
preceding year which have contributed toward achievement of
goals identified in accordance with paragraph (1) and summarize
planned activities for the coming three years in the context of
the identified goals, with particular emphasis on the
Foundation's planned contributions to major multi-agency
research and education initiatives;
``(4) contain such recommendations as the Foundation
considers appropriate; and
``(5) include information on the acquisition and
disposition by the Foundation of any patents and patent
rights.''.
SEC. 202. NATIONAL RESEARCH FACILITIES.
(a) Facilities Plan.--The Director shall provide to Congress
annually, as a part of the report required under section 3(f) of the
National Science Foundation Act of 1950, a plan for the proposed
construction of, and repair and upgrades to, national research
facilities. The plan shall include estimates of the cost for such
construction, repairs, and upgrades, and estimates of the cost for the
operation and maintenance of existing and proposed new facilities. For
proposed new construction and for major upgrades to existing
facilities, the plan shall include funding profiles by fiscal year and
milestones for major phases of the construction. The plan shall include
cost estimates in the categories of construction, repair, and upgrades
for the year in which the plan is submitted to Congress and for not
fewer than the succeeding 4 years.
(b) Limitation on Obligation of Unauthorized Appropriations.--No
funds appropriated for any project which involves construction of new
national research facilities or construction necessary for upgrading
the capabilities of existing national research facilities shall be
obligated unless the funds are specifically authorized for such purpose
by this Act or any other Act which is not an appropriations Act, or
unless the total estimated cost to the Foundation of the construction
project is less than $50,000,000. This subsection shall not apply to
construction projects approved by the National Science Board prior to
June 30, 1994.
SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.
Section 203(b) of the Academic Research Facilities Modernization
Act of 1988 is amended by striking the final sentence of paragraph (3)
and inserting in lieu thereof the following: ``The Director shall give
priority to institutions or consortia that have not received such funds
in the preceding 5 years, except that this sentence shall not apply to
previous funding received for the same multiyear project.''.
SEC. 204. ADMINISTRATIVE AMENDMENTS.
(a) National Science Foundation Act of 1950 Amendments.--The
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is
amended--
(1) by redesignating the subsection (k) of section 4 (42
U.S.C. 1863(k)) that was added by section 108 of the National
Science Foundation Authorization Act of 1988 as subsection (l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by amending
paragraph (2) to read as follows:
``(2) Any delegation of authority or imposition of conditions under
paragraph (1) shall be promptly published in the Federal Register and
reported to the Committees on Labor and Human Resources and Commerce,
Science, and Transportation of the Senate and the Committee on Science
of the House of Representatives.'';
(3) by inserting ``be entitled to'' between ``shall'' and
``receive'', and by inserting ``, including traveltime,'' after
``Foundation'' in section 14(c) (42 U.S.C. 1873(c));
(4) by striking section 14(j) (42 U.S.C. 1873(j)); and
(5) by striking ``Atomic Energy Commission'' in section
15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof
``Secretary of Energy''.
(b) National Science Foundation Authorization Act, 1976
Amendments.--Section 6(a) of the National Science Foundation
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking
``social,'' the first place it appears.
(c) National Science Foundation Authorization Act of 1988
Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is
amended to read as follows:
``(v) from schools established outside the several States
and the District of Columbia by any agency of the Federal
Government for dependents of its employees.''.
(2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is
amended by striking ``Science and Engineering Education'' and inserting
in lieu thereof ``Education and Human Resources''.
(d) Education for Economic Security Act Amendments.--Section 107 of
Education for Economic Security Act (20 U.S.C. 3917) is repealed.
(e) Technical Amendment.--The second subsection (g) of section 3 of
the National Science Foundation Act of 1950 is repealed.
SEC. 205. INDIRECT COSTS.
(a) Matching Funds.--Matching funds required pursuant to section
204(a)(2)(C) of the Academic Research Facilities Modernization Act of
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities
costs for purposes of determining indirect cost rates.
(b) Report.--The Director of the Office of Science and Technology
Policy, in consultation with other relevant agencies, shall prepare a
report analyzing what steps would be needed to--
(1) reduce by 10 percent the proportion of Federal
assistance to institutions of higher education that are
allocated for indirect costs; and
(2) reduce the variance among indirect cost rates of
different institutions of higher education,
including an evaluation of the relative benefits and burdens of each
option on institutions of higher education. Such report shall be
transmitted to the Congress no later than December 31, 1995.
SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES.
The Foundation shall incorporate the guidelines set forth in
Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754,
April 12, 1983), relating to the use and operation of Foundation-
supported research instrumentation and facilities, in its notice of
Grant General Conditions, and shall examine more closely the adherence
of grantee organizations to such guidelines.
SEC. 207. FINANCIAL DISCLOSURE.
Persons temporarily employed by or at the Foundation shall be
subject to the same financial disclosure requirements and related
sanctions under the Ethics in Government Act of 1978 as are permanent
employees of the Foundation in equivalent positions.
SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.
In order to be eligible to receive funds from the Foundation after
September 30, 1995, an institution of higher education must provide
that whenever any student of the institution who is a member of the
National Guard, or other reserve component of the Armed Forces of the
United States, is called or ordered to active duty, other than active
duty for training, the institution shall grant the member a military
leave of absence from their education. Persons on military leave of
absence from their institution shall be entitled, upon release from
military duty, to be restored to the educational status they had
attained prior to their being ordered to military duty without loss of
academic credits earned, scholarships or grants awarded, or tuition and
other fees paid prior to the commencement of the military duty. It
shall be the duty of the institution to refund tuition or fees paid or
to credit the tuition and fees to the next semester or term after the
termination of the educational military leave of absence at the option
of the student.
SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be available for any
activity whose purpose is to influence legislation pending before the
Congress, provided that this shall not prevent officers or employees of
the United States or of its departments or agencies from communicating
to Members of Congress on the request of any Member or to Congress,
through the proper channels, requests for legislation or appropriations
which they deem necessary for the efficient conduct of the public
business.
SEC. 210. SCIENCE STUDIES INSTITUTE.
(a) Amendment.--Section 822 of the National Defense Authorization
Act for Fiscal 1991 (42 U.S.C. 6686) is amended--
(1) by striking ``Critical Technologies Institute'' in the
section heading and in subsection (a), and inserting in lieu
thereof ``Science Studies Institute'';
(2) in subsection (b) by striking ``As determined by the
chairman of the committee referred to in subsection (c), the''
and inserting in lieu thereof ``The'';
(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c), (d),
(e), and (f), respectively;
(4) in subsection (c), as so redesignated by paragraph (3)
of this subsection--
(A) by inserting ``science and'' after
``developments and trends in'' in paragraph (1);
(B) by striking ``with particular emphasis'' in
paragraph (1) and all that follows through the end of
such paragraph and inserting in lieu thereof ``and
developing and maintaining relevant informational and
analytical tools.'';
(C) by striking ``to determine'' and all that
follows through ``technology policies'' in paragraph
(2) and inserting in lieu thereof ``with particular
attention to the scope and content of the Federal
science and technology research and develop portfolio
as it affects interagency and national issues'';
(D) by amending paragraph (3) to read as follows:
``(3) Initiation of studies and analysis of alternatives
available for ensuring the long-term strength of the United
States in the development and application of science and
technology, including appropriate roles for the Federal
Government, State governments, private industry, and
institutions of higher education in the development and
application of science and technology.'';
(E) by inserting ``science and'' after ``Executive
branch on'' in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read as
follows:
``(B) to the interagency committees and panels of
the Federal Government concerned with science and
technology.'';
(5) in subsection (d), as so redesignated by paragraph (3)
of this subsection, by striking ``subsection (d)'' and
inserting in lieu thereof ``subsection (c)''; and
(6) by amending subsection (f), as so redesignated by
paragraph (3) of this subsection, to read as follows:
``(f) Sponsorship.--The Director of the Office of Science and
Technology Policy shall be the sponsor of the Institute.''.
(b) Conforming Usage.--All references in Federal law or regulations
to the Critical Technologies Institute shall be considered to be
references to the Science Studies Institute.
SEC. 211. EDUCATIONAL IMPACT.
(a) Findings.--The Congress finds that--
(1) Federal research funds made available to institutions
of higher education often create incentives for such
institutions to emphasize research over undergraduate teaching
and to narrow the focus of their graduate programs; and
(2) National Science Foundation funds for Research and
Related Activities should be spent in the manner most likely to
improve the quality of undergraduate and graduate education in
institutions of higher education.
(b) Educational Impact.--(1) The impact that a grant or cooperative
agreement by the National Science Foundation would have on
undergraduate and graduate education at an institution of higher
education shall be a factor in any decision whether to award such grant
or agreement to that institution.
(2) Paragraph (1) shall be effective with respect to any grant or
cooperative agreement awarded after September 30, 1996.
(c) Report.--The Director shall provide a plan for the
implementation of subsection (b) of this section, no later than
December 31, 1995, to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Labor and Human Resources of the
Senate.
SEC. 212. DIVISIONS OF THE FOUNDATION.
(a) Amendment.--Section 8 of the National Science Foundation Act of
1950 (42 U.S.C. 1866) is amended by inserting ``The Director may
appoint, in consultation with the Board, not more than 6 Assistant
Directors to assist in managing the Divisions.'' after ``time to time
determine.''.
(b) Report.--By November 15, 1995, the Director shall transmit to
the Congress a report on the reorganization of the National Science
Foundation required as a result of the amendment made by subsection
(a).
SEC. 213. LIMITATION ON APPROPRIATIONS.
(a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding
any other provision of law, no sums are authorized to be appropriated
for fiscal year 1996 for the activities of the National Science
Foundation unless such sums are specifically authorized to be
appropriated by this Act.
(b) Subsequent Fiscal Years.--No sums are authorized to be
appropriated for any fiscal year after fiscal year 1996 for the
activities of the National Science Foundation unless such sums are
specifically authorized to be appropriated by Act of Congress with
respect to such fiscal year.
SEC. 214. ELIGIBILITY FOR AWARDS.
(a) In General.--The Director shall exclude from consideration for
awards of financial assistance made by the National Science Foundation
after fiscal year 1995 any person who received funds, other than those
described in subsection (b), appropriated for a fiscal year after
fiscal year 1995, from any Federal funding source for a project that
was not subjected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall be
effective for a period of 5 years after the person receives such
Federal funds.
(b) Exception.--Subsection (a) shall not apply to awards to persons
who are members of a class specified by law for which assistance is
awarded to members of the class according to a formula provided by law.
HR 1852 RH----2 | TABLE OF CONTENTS:
Title I: National Science Foundation Authorization
Title II: General Provisions
National Science Foundation Authorization Act of 1995 -
Title I: National Science Foundation Authorization
- Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997.
(Sec. 104) Provides for reprogramming of appropriations.
(Sec. 105) States that nothing in this Act shall preclude additional FY 1996 authorization of appropriations for NSF.
Title II: General Provisions
- Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures.
(Sec. 202) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities.
(Sec. 203) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years.
(Sec. 204) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act.
(Sec. 206) Requires certain research instrumentation and facilities guidelines to be incorporated in NSF grant notices.
(Sec. 207) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees.
(Sec. 208) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training).
(Sec. 209) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity.
(Sec. 210) Renames the Critical Technologies Institute as the Science Studies Institute.
(Sec. 211) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award.
(Sec. 212) Authorizes the Director of NSF to appoint up to six Assistant Directors.
(Sec. 214) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.) | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harriet Tubman National Historical
Park and Harriet Tubman Underground Railroad National Historical Park
Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) Harriet Tubman (born Araminta ``Minty'' Ross)--
(A) was born into slavery in Maryland around 1822;
(B) married John Tubman at age 25;
(C) endured through her youth and young adulthood
the hardships of enslaved African-Americans; and
(D) boldly emancipated herself from bondage in
1849;
(2) not satisfied with attaining her own freedom, Harriet
Tubman--
(A) returned repeatedly for more than 10 years to
the places of her enslavement in Dorchester and
Caroline Counties, Maryland; and
(B) under the most adverse circumstances led away
many family members and acquaintances to freedom in the
northern region of the United States and Canada;
(3) Harriet Tubman was--
(A) called ``Moses'' by African-Americans and white
abolitionists; and
(B) acknowledged as one of the most prominent
``conductors'' of the resistance that came to be known
as the ``Underground Railroad'';
(4) in 1868, Frederick Douglass wrote that, with the
exception of John Brown, Douglass knew of ``no one who has
willingly encountered more perils and hardships to serve our
enslaved people'' than Harriet Tubman;
(5) during the Civil War, Harriet Tubman--
(A) was recruited to assist Union troops as a
nurse, a scout, and a spy; and
(B) served in Virginia, Florida, and South
Carolina, where she is credited with facilitating the
rescue of hundreds of enslaved people;
(6) Harriet Tubman established in Auburn, New York, one of
the first incorporated homes for aged African-Americans in the
United States, which, 10 years before her death, she bequeathed
to the African Methodist Episcopal Zion Church;
(7) there are nationally significant resources comprised of
relatively unchanged landscapes associated with the early life
of Harriet Tubman in Caroline, Dorchester, and Talbot Counties,
Maryland;
(8) there are nationally significant resources relating to
Harriet Tubman in Auburn, New York, including--
(A) the residence of Harriet Tubman;
(B) the Tubman Home for the Aged;
(C) the Thompson Memorial AME Zion Church; and
(D) the final resting place of Harriet Tubman in
Fort Hill Cemetery;
(9) in developing interpretive programs, the National Park
Service would benefit from increased scholarship of the
African-American experience during the decades preceding the
Civil War and throughout the remainder of the 19th century; and
(10) it is fitting and proper that the nationally
significant resources relating to Harriet Tubman be preserved
for future generations as units of the National Park System so
that people may understand and appreciate the contributions of
Harriet Tubman to the history and culture of the United States.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and promote stewardship of the resources in
Auburn, New York, and Caroline, Dorchester, and Talbot
Counties, Maryland, relating to the life and contributions of
Harriet Tubman;
(2) to provide for partnerships with the African Methodist
Episcopal Zion Church, the States of New York and Maryland,
political subdivisions of the States, the Federal Government,
local governments, nonprofit organizations, and private
property owners for resource protection, research,
interpretation, education, and public understanding and
appreciation of the life and contributions of Harriet Tubman;
(3) to sustain agricultural and forestry land uses in
Caroline, Dorchester, and Talbot Counties, Maryland, that
remain evocative of the landscape during the life of Harriet
Tubman; and
(4) to establish a competitive grants program for scholars
of African-American history relating to Harriet Tubman and the
Underground Railroad.
SEC. 3. DEFINITIONS.
In this Act:
(1) Church.--The term ``Church'' means the Thompson
Memorial AME Zion Church located in Auburn, New York.
(2) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(3) Predominantly black institution.--The term
``Predominantly Black Institution'' has the meaning given the
term in section 499A(c) of the Higher Education Act of 1965 (20
U.S.C. 1099e(c)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Visitor center.--The term ``Visitor Center'' means the
Harriet Tubman Underground Railroad State Park Visitor Center
to be constructed under section 5(d).
SEC. 4. ESTABLISHMENT OF HARRIET TUBMAN NATIONAL HISTORICAL PARK.
(a) Establishment.--On the execution of easements with the Church,
the Secretary shall--
(1) establish the Harriet Tubman National Historical Park
(referred to in this section as the ``Historical Park'') in the
City of Auburn, New York, as a unit of the National Park
System; and
(2) publish notice of the establishment of the Historical
Park in the Federal Register.
(b) Boundary.--
(1) In general.--The Historical Park shall be comprised of
structures and properties associated with the Harriet Tubman
home, the Tubman Home for the Aged, the Church, and the
Rectory, as generally depicted on the map entitled ``Harriet
Tubman National Historical Park--Proposed Boundary'', numbered
[____], and dated [___].
(2) Availability of map.--The map described in paragraph
(1) shall be available for public inspection in the appropriate
offices of the National Park Service.
(c) Acquisition of Land.--The Secretary may acquire from willing
sellers, by donation, purchase with donated or appropriated funds, or
exchange, land or interests in land within the boundary of the
Historical Park.
(d) Financial Assistance.--The Secretary may provide grants to, and
enter into cooperative agreements with--
(1) the Church for--
(A) historic preservation of, rehabilitation of,
research on, and maintenance of properties within the
boundary of the Historical Park; and
(B) interpretation of the Historical Park;
(2) the Fort Hill Cemetery Association for maintenance and
interpretation of the gravesite of Harriet Tubman; and
(3) the State of New York, any political subdivisions of
the State, the City of Auburn, and nonprofit organizations
for--
(A) preservation and interpretation of resources
relating to Harriet Tubman in the City of Auburn, New
York;
(B) conducting research, including archaeological
research; and
(C) providing for stewardship programs, education,
public access, signage, and other interpretive devices
at the Historical Park for interpretive purposes.
(e) Interpretation.--The Secretary may provide interpretive tours
to sites located outside the boundaries of the Historical Park in
Auburn, New York, that include resources relating to Harriet Tubman.
(f) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subsection,
the Secretary, in cooperation with the Church, shall complete a
general management plan for the Historical Park in accordance
with section 12(b) of Public Law 91-383 (16 U.S. C. 1a-7(b)).
(2) Coordination.--The Secretary shall coordinate the
preparation and implementation of the general management plan
for the Harriet Tubman National Historical Park with--
(A) the Harriet Tubman Underground Railroad
National Historical Park in Maryland; and
(B) the National Underground Railroad: Network to
Freedom.
SEC. 5. ESTABLISHMENT OF THE HARRIET TUBMAN UNDERGROUND RAILROAD
NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established as a unit of the National
Park System the Harriet Tubman Underground Railroad National Historical
Park (referred to in this section as the ``Historical Park'') in
Caroline, Dorchester, and Talbot Counties, Maryland.
(b) Boundary.--
(1) In general.--The boundary of the Historical Park shall
consist of certain landscapes and associated resources relating
to the early life and enslavement of Harriet Tubman and the
Underground Railroad, as generally depicted on the map entitled
``Harriet Tubman Underground Railroad National Historical
Park--Proposed Boundary'', numbered [____], and dated [_____].
(2) Additional sites.--The Secretary, after consultation
with landowners, the State of Maryland, and units of local
government, may modify the boundary of the Historical Park to
include additional resources relating to Harriet Tubman that--
(A) are located within the vicinity of the
Historical Park; and
(B) are identified in the general management plan
prepared under subsection (g) as appropriate for
interpreting the life of Harriet Tubman.
(3) Availability of map.--On modification of the boundary
of the Historical Park under paragraph (2), the Secretary shall
make available for public inspection in the appropriate offices
of the National Park Service a revised map of the Historical
Park.
(c) Acquisition of Land.--The Secretary may acquire from willing
sellers, by donation, purchase with donated or appropriated funds, or
exchange, land or an interest in land within the boundaries of the
Historical Park.
(d) Grants.--In accordance with section 7(b)(2), the Secretary may
provide grants--
(1) to the State of Maryland, political subdivisions of the
State, and nonprofit organizations for the acquisition of less
than fee title (including easements) or fee title to land in
Caroline, Dorchester, and Talbot Counties, Maryland, within the
boundary of the Historical Park; and
(2) on execution of a memorandum of understanding between
the State of Maryland and the Director of the National Park
Service, to the State of Maryland for the construction of the
Harriet Tubman Underground Railroad State Park Visitor Center
on land owned by the State of Maryland in Dorchester County,
Maryland, subject to the condition that the State of Maryland
provide the Director of the National Park Service, at no
additional cost, sufficient office space and exhibition areas
in the Visitor Center to carry out the purposes of the
Historical Park.
(e) Financial Assistance.--The Secretary may provide grants to, and
enter into cooperative agreements with, the State of Maryland,
political subdivisions of the State, nonprofit organizations, colleges
and universities, and private property owners for--
(1) the restoration or rehabilitation, public use, and
interpretation of sites and resources relating to Harriet
Tubman;
(2) the conduct of research, including archaeological
research;
(3) providing stewardship programs, education, signage, and
other interpretive devices at the sites and resources for
interpretive purposes; and
(4)(A) the design and construction of the Visitor Center;
and
(B) the operation and maintenance of the Visitor Center.
(f) Interpretation.--The Secretary may provide interpretive tours
to sites and resources located outside the boundary of the Historical
Park in Caroline, Dorchester, and Talbot Counties, Maryland, relating
to the life of Harriet Tubman and the Underground Railroad.
(g) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subsection,
the Secretary, in coordination with the State of Maryland,
political subdivisions of the State, and the United States Fish
and Wildlife Service, shall complete a general management plan
for the Historical Park in accordance with section 12(b) of
Public Law 91-383 (16 U.S. C. 1a-7(b)).
(2) Coordination.--The Secretary shall coordinate the
preparation and implementation of the general management plan
for the Historical Park with--
(A) the Harriet Tubman National Historical Park in
Auburn, New York;
(B) the National Underground Railroad: Network to
Freedom;
(C) the Maryland Harriet Tubman Underground
Railroad State Park; and
(D) the Harriet Tubman Underground Railroad Byway
in Dorchester and Caroline Counties, Maryland.
(3) Priority treatment.--The general management plan for
the Historical Park shall give priority to the adequate
protection of, interpretation of, public appreciation for,
archaeological investigation of, and research on Stewart's
Canal, the Jacob Jackson home site, the Brodess Farm, the Ben
Ross and Anthony Thompson properties on Harrisville Road, and
the James Cook site, all of which are privately owned and
located in the Blackwater National Wildlife Refuge.
(h) Blackwater National Wildlife Refuge.--
(1) Interagency agreement.--The Secretary shall ensure
that, not later than 1 year after the date of enactment of this
Act, the National Park Service and the United States Fish and
Wildlife Service enter into an interagency agreement that--
(A) promotes and mutually supports the compatible
stewardship and interpretation of Harriet Tubman
resources at the Blackwater National Wildlife Refuge;
and
(B) provides for the maximum level of cooperation
between those Federal agencies to further the purposes
of this Act.
(2) Effect of act.--Nothing in this Act modifies, alters,
or amends the authorities of the United States Fish and
Wildlife Service in the administration and management of the
Blackwater National Wildlife Refuge.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Harriet Tubman
National Historical Park and the Harriet Tubman Underground Railroad
National Historical Park in accordance with this Act and the laws
generally applicable to units of the National Park System including--
(1) the National Park Service Organic Act (16 U.S.C. 1 et
seq.); and
(2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Park Regulations.--Notwithstanding subsection (a), regulations
and policies applicable to units of the National Park System shall
apply only to Federal land administrated by the National Park Service
that is located within the boundary of the Harriet Tubman Underground
Railroad National Historical Park.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act (other than subsection (b)),
including the provision of National Park Service personnel and National
Park Service management funds for the Harriet Tubman National
Historical Park and the Harriet Tubman Underground Railroad National
Historical Park.
(b) Grants.--There are authorized to be appropriated not more
than--
(1) $7,500,000 to provide grants to the Church for--
(A) historic preservation, rehabilitation, and
restoration of resources within the boundary of the
Harriet Tubman National Historical Park; and
(B) the costs of design, construction,
installation, and maintenance of exhibits and other
interpretive devices authorized under section
4(d)(1)(B);
(2) $11,000,000 for grants to the State of Maryland for
activities authorized under subsections (d)(1) and (e)(4)(A) of
section 5; and
(3) $200,000 for fiscal year 2009 and each fiscal year
thereafter for competitive grants to historically Black
colleges and universities, Predominately Black Institutions,
and minority serving institutions for research into the life of
Harriet Tubman and the African-American experience during the
years that coincide with the life of Harriet Tubman.
(c) Cost-Sharing Requirement.--
(1) Church and visitor center grants.--The Federal share of
the cost of activities provided grants under paragraph (1) or
(2) of subsection (b) and any maintenance, construction, or
utility costs incurred pursuant to a cooperative agreement
entered into under section 4(d)(1)(A) or section 5(e) shall not
be more than 50 percent.
(2) Historically black colleges and universities.--The
Federal share of the cost of activities provided assistance
under subsection (b)(3) shall be not more than 75 percent.
(3) Form of non-federal share.--The non-Federal share
required under this subsection may be in the form of in-kind
contributions of goods or services fairly valued. | Harriet Tubman National Historical Park and Harriet Tubman Underground Railroad National Historical Park Act - Establishes in the City of Auburn, New York, the Harriet Tubman National Historical Park as a unit of the National Park System.
Establishes in Caroline, Dorchester, and Talbot Counties, Maryland, the Harriet Tubman Underground Railroad National Historical Park as a unit of the National Park System.
Authorizes the Secretary of the Interior to provide grant funding and enter into cooperative agreements with certain entities for the historic preservation, rehabilitation, interpretation, and maintenance of such historical parks. Requires the Secretary to complete a general management plan for them. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Definition Simplification Act
of 2004''.
SEC. 2. UNIFORM DEFINITION OF CHILD.
(a) Personal Exemption.--
(1) In general.--Section 151 of the Internal Revenue Code
of 1986 is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and by inserting after
subsection (b) the following new subsection:
``(c) Additional Exemption for Qualifying Children.--
``(1) In general.--An exemption of the exemption amount for
each qualifying child.
``(2) Qualifying child.--For purposes of this section, the
term `qualifying child' means, with respect to any taxpayer for
any taxable year, an individual--
``(A) who bears a relationship to the taxpayer
described in paragraph (3),
``(B) who has the same principal place of abode as
the taxpayer for more than \1/2\ of such taxable year,
and
``(C) who meets the age requirements of paragraph
(4).
An individual shall not be treated as failing to meet the
requirements of subparagraph (B) by reason of time of birth or
death or by reason of temporary absences or other circumstances
specified in the regulations prescribed by the Secretary.
``(3) Relationship test.--
``(A) In general.--For purposes of paragraph
(2)(A), an individual bears a relationship to the
taxpayer described in this paragraph if such individual
is--
``(i) a son, daughter, stepson, or
stepdaughter of the taxpayer or a descendant of
any such relative,
``(ii) a brother, sister, stepbrother, or
stepsister of the taxpayer or a descendant of
any such relative, whom the taxpayer cares for
as the taxpayer's own child, or
``(iii) an eligible foster child of the
taxpayer.
``(B) Adopted child.--For purposes of subparagraph
(A), a child who is legally adopted, or who is placed
with the taxpayer by an authorized placement agency for
adoption by the taxpayer, shall be treated as a child
by blood.
``(C) Eligible foster child.--For purposes of
subparagraph (A), the term `eligible foster child'
means an individual--
``(i) who is placed with the taxpayer by an
authorized placement agency or by judgment,
decree, or other order of any court of
competent jurisdiction, and
``(ii) whom the taxpayer cares for as the
taxpayer's own child.
``(4) Age requirements.--For purposes of paragraph (2)(C),
an individual meets the requirements of this paragraph if such
individual--
``(A) has not attained the age of 19 as of the
close of the calendar year in which the taxable year of
the taxpayer begins,
``(B) is a student who has not attained the age of
24 as of the close of such calendar year, or
``(C) is permanently and totally disabled (as
defined in section 22(e)(3)) at any time during the
taxable year.
``(5) Special rules.--
``(A) Married dependents.--An individual shall not
be a qualifying child of a taxpayer if such individual
makes a joint return with the individual's spouse under
section 6013 for the taxable year beginning in the
calendar year in which the taxable year of the taxpayer
begins.
``(B) Individuals who support themselves.--An
individual shall not be a qualifying child of a
taxpayer if such individual provides over half of such
individual's own support for the calendar year in which
the taxable year of the taxpayer begins.
``(C) Only 1 exemption amount.--An individual who
is a qualifying child of any taxpayer shall not be
treated as the dependent of any taxpayer for purposes
of this part.
``(6) Special rule relating to 2 or more claiming
qualifying child.--
``(A) In general.--Except as provided in paragraph
(7), if an individual would (but for this paragraph) be
a qualifying child of 2 or more taxpayers for taxable
years beginning in the same calendar year, such
individual shall be treated as the qualifying child of
the taxpayer who is--
``(i) a parent of the individual, or
``(ii) if none of such taxpayers is a
parent of the individual, the taxpayer with the
highest adjusted gross income for such taxable
year.
``(B) Parents not filing joint returns.--If an
individual would (but for this paragraph) be a
qualifying child of both parents of such individual and
such parents do not file a joint return together, such
child shall be treated as the qualifying child of--
``(i) the parent with whom the child
resided for the longest period during the
taxable year, or
``(ii) if the child resides with both
parents for the same length of time during such
taxable year, the parent with the highest
adjusted gross income.
``(C) Foster children.--For purposes of this
paragraph, the taxpayer shall be treated as a parent of
any eligible foster child who has the same principal
place of abode as the taxpayer for more than one-half
of such taxable year.
``(7) Special rule for certain pre-2006 instruments.--
``(A) In general.--Notwithstanding paragraph (6), a
child who has parents who--
``(i) are divorced or legally separated
under a decree of divorce or separate
maintenance,
``(ii) are separated under a written
separation agreement, or
``(iii) live apart at all times during the
last 6 months of the calendar year,
shall be treated as being the qualifying child of the
noncustodial parent for a calendar year if the
requirements of subparagraph (B) are met.
``(B) Requirements.--For purposes of subparagraph
(A), the requirements of this subparagraph are met if--
``(i) such child would, but for this
paragraph, be the qualifying child of the
custodial parent, and
``(ii) a qualified pre-2006 instrument
between the parents is applicable to such child
for the taxable year beginning in such calendar
year.
In the case of an agreement executed before January 1,
1985, the requirements of this subparagraph are met
only if, in addition to meeting the requirements of
clauses (i) and (ii), the noncustodial parent provides
at least $600 for the support of such child during such
calendar year.
``(C) Qualified pre-2006 instrument.--For purposes
of this paragraph, the term `qualified pre-2006
instrument' means any written declaration referred to
in subsection (e)(2) (as in effect on the day before
the date of the enactment of the Child Definition
Simplification Act of 2004)--
``(i) which is executed before January 1,
2006, and
``(ii) which is not modified on or after
such date in a modification which expressly
provides that this subsection shall not apply
to such declaration.
``(D) Custodial parent and noncustodial parent.--
For purposes of this subsection--
``(i) Custodial parent.--The term
`custodial parent' means the parent with whom a
child shared the same principal place of abode
for the greater portion of the calendar year.
``(ii) Noncustodial parent.--The term
`noncustodial parent' means the parent who is
not the custodial parent.
``(E) Special rules for support.--For purposes of
this subsection--
``(i) amounts expended for the support of a
child or children shall be treated as received
from the noncustodial parent to the extent that
such parent provided amounts for such support,
and
``(ii) in the case of the remarriage of a
parent, support of a child received from the
parent's spouse shall be treated as received
from the parent.''.
(2) Conforming amendments.--
(A) Section 152 of such Code is amended by striking
subsection (e) (relating to support test in case of
child of divorced parents, etc.).
(B) Paragraph (6) of section 1(f) of such Code is
amended--
(i) in subparagraph (A) by striking
``151(d)(4)'' and inserting ``151(e)(4)'', and
(ii) in subparagraph (B) by striking
``151(d)(3)(A)'' and inserting
``151(e)(3)(A)''.
(C) Paragraph (5) of section 21(e) of such Code is
amended--
(i) by striking ``paragraph (2) or (4) of
section 152(e)'' and inserting ``section
151(c)(7)'', and
(ii) by striking ``section 152(e)(1)'' and
inserting ``section 151(c)(7)''.
(D) Sections 21(e)(6) and 129(c) of such Code are
each amended--
(i) by striking ``151(c)'' and inserting
``151(d)'', and
(ii) by striking ``151(c)(3)'' and
inserting ``151(d)(3)''.
(E) Sections 25B(c)(2)(B), 32(c)(3)(C)(ii),
152(d)(2), and 2032A(c)(7)(D) of such Code are each
amended by striking ``151(c)(4)'' and inserting
``151(d)(4)''.
(F) Sections 72(t)(7)(A)(iii) and 132(h)(2)(B) of
such Code are each amended by striking ``151(c)(3)''
and inserting ``151(d)(3)''.
(G) Clause (i) of section 642(b)(2)(C) of such Code
is amended--
(i) by striking ``151(d)'' and inserting
``151(e)'', and
(ii) by striking `` 151(d)(3)(C)(iii)'' and
inserting `` 151(e)(3)(C)(iii)''.
(H) Paragraph (1) of section 3402(f) of such Code
is amended--
(i) in subparagraph (A) by striking
``151(d)(2)'' and inserting ``151(e)(2)'', and
(ii) in subparagraph (C) by striking
``151(c)'' and inserting ``151(d)''.
(I) Subparagraph (B) of section 3402(r)(2) of such
Code is amended by striking ``151(d)'' and inserting
``151(e)''.
(J) Paragraph (1) of section 6012(a) of such Code
is amended--
(i) in subparagraph (A) by striking
``151(c)'' and inserting ``151(d)'', and
(ii) in subparagraph (D)(ii)--
(I) by striking ``151(d)'' and
inserting ``151(e)'', and
(II) by striking ``151(d)(2)'' and
inserting ``151(e)(2)''.
(K) The last sentence of section 6013(b)(3)(A) of
such Code is amended by striking ``151(d)'' and
inserting ``151(e)''.
(L) Section 7703(b)(1) of such Code is amended by
striking ``151(c)(3)'' and inserting ``151(c)(2)''.
(b) Application of Uniform Definition to Dependent Care Credit.--
(1) In general.--Section 21(b)(1)(A) of such Code is
amended to read as follows:
``(A) a qualifying child of the taxpayer (as
defined in section 151(c)) who has not attained age
13,''.
(2) Repeal of maintenance of household test.--Section
21(a)(1) of such Code is amended by striking ``who maintains a
household which includes as a member'' and inserting ``with
respect to whom there are''.
(c) Application of Uniform Definition to Child Tax Credit.--Section
24(c)(1) of such Code is amended to read as follows:
``(1) In general.--The term `qualifying child' means a
qualifying child of the taxpayer (as defined in section 151(c))
who has not attained age 17 as of the close of the calendar
year in which the taxable year of the taxpayer begins.''.
(d) Application of Uniform Definition to Earned Income Credit.--
(1) In general.--Paragraph (3) of section 32(c) of such
Code is amended to read as follows:
``(3) Qualifying child.--
``(A) In general.--The term `qualifying child'
means a qualifying child of the taxpayer (as defined in
section 151(c)).
``(B) Place of abode.--For purposes of subparagraph
(A), the requirements of section 151(c)(2)(B) shall be
met only if the principal place of abode is in the
United States.
``(C) Identification requirements.--
``(i) In general.--A qualifying child shall
not be taken into account under subsection (b)
unless the taxpayer includes the name, age, and
TIN of the qualifying child on the return of
tax for the taxable year.
``(ii) Other methods.--The Secretary may
prescribe other methods for providing the
information described in clause (i).''.
(2) Conforming amendments.--
(A) Section 32(c)(1) of such Code is amended by
striking subparagraph (C) and by redesignating
subparagraphs (D), (E), (F), and (G) as subparagraphs
(C), (D), (E), and (F), respectively.
(B) Section 32(c)(4) of such Code is amended by
striking ``(3)(E)'' and inserting ``(3)(B)''.
(C) Section 32(m) of such Code is amended by
striking ``subsections (c)(1)(F)'' and inserting
``subsections (c)(1)(E)''.
(e) Application of Uniform Definition to Credit for Health
Insurance Costs of Eligible Individuals.--Section 35(d)(1)(B) of such
Code is amended to read as follows:
``(B) a qualifying child of the taxpayer (as
defined in section 151(c)).''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
(g) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury shall issue
regulations or other guidance defining place of abode and principal
place of abode for purposes of sections 151(c), 21, 24, 32, and 35 of
the Internal Revenue Code of 1986, as amended by this section.
SEC. 3. TREATMENT OF GOVERNMENT BENEFITS IN DETERMINING SUPPORT AND
COST OF MAINTAINING HOUSEHOLD.
(a) Dependency Exemption.--Section 152 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(f) Special Rule Relating to Treatment of Government Benefits in
Determining Support.--For purposes of this part, any means-tested
benefits obtained under programs described in section 6103(l)(7) or
substantially similar government programs shall not be taken into
account for purposes of determining--
``(1) whether over half of the support of an individual for
a calendar year is received from a taxpayer, and
``(2) whether over half of the cost of maintaining a
household is furnished by a taxpayer.''.
(b) Dependent Care Credit.--Section 21(e)(1) of such Code is
amended by adding at the end the following: ``Any means-tested benefits
obtained under programs described in section 6103(l)(7) or
substantially similar government programs shall not be taken into
account for purposes of determining whether over half of the cost of
maintaining a household is furnished by the individual.''.
(c) Marital Status.--Section 7703 of such Code (relating to
determination of marital status) is amended by adding at the end the
following new subsection:
``(c) Special Rule Relating to Treatment of Government Benefits in
Determining Cost of Maintaining Household.--For purposes of subsection
(b)(2), any means-tested benefits obtained under programs described in
section 6103(l)(7) or substantially similar government programs shall
not be taken into account for purposes of determining whether over half
of the cost of maintaining a household is furnished by the
individual.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Child Definition Simplification Act of 2004 - Amends the Internal Revenue Code to redefine "child" based upon residence, age, and relationship to the taxpayer, for purposes of the personal exemption, the dependent care credit, the child tax credit, the earned income credit, and the health insurance credit. Excludes any means-tested benefits received by a taxpayer under the Social Security Act or other substantially similar government programs from the tests for determining eligibility for the personal exemption and the dependent care credit and for determining marital status. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``File Once FAFSA Act of 2016''.
SEC. 2. FAFSA SIMPLIFICATION.
(a) One-Time FAFSA Filing for Dependent Students.--Section 483(a)
of the Higher Education Act of 1965 (20 U.S.C. 1090(a)) is amended by
adding at the end the following:
``(13) One-time fafsa filing for dependent students.--
``(A) In general.--Notwithstanding any other
provision of this section and subject to subparagraphs
(B) and (C), an applicant who submits a FAFSA for the
first time during the period required for the
completion of the first undergraduate baccalaureate
course of study being pursued by such applicant and is
determined to be a dependent student who is eligible to
receive a Federal Pell Grant for the academic year for
which the applicant submitted such FAFSA--
``(i) for any succeeding academic year for
which the applicant does not submit a FAFSA and
for which the applicant submits a certification
form described in subparagraph (D) based on
which the Secretary confirms that the applicant
is a dependent student for such year--
``(I) shall not be required to
submit a FAFSA to receive financial
assistance under this title; and
``(II) shall have an expected
family contribution for such year that
is equal to the expected family
contribution of the applicant
determined for the academic year for
which the applicant submitted a FAFSA
during such period, except that an
adjustment to such expected family
contribution may be made under section
479A;
``(ii) if the applicant submits a FAFSA for
any succeeding academic year--
``(I) shall have an expected family
contribution for such year that is
determined based on such FAFSA; and
``(II) shall be required to submit
a FAFSA for any other academic year for
which the applicant seeks financial
assistance under this title; and
``(iii) if the applicant is determined to
be an independent student for any succeeding
academic year or does not submit a
certification form described in subparagraph
(D), shall submit a FAFSA for such succeeding
academic year and any other academic year for
which the applicant seeks financial assistance
under this title.
``(B) Adjustment of expected family contribution.--
With respect to an applicant described in subparagraph
(A)(i) who receives an adjustment under section 479A to
the expected family contribution of the applicant for
an academic year, for any succeeding academic year
after the academic year for which the adjustment was
made, subclause (II) of such subparagraph shall be
applied to such applicant by substituting `expected
family contribution of the applicant as most recently
adjusted under section 479A for such applicant' for the
`expected family contribution of the applicant
determined for the academic year for which the
applicant submitted a FAFSA during such period'.
``(C) Rule for certain students.--With respect to
an applicant who submits a FAFSA for academic year
2016-2017 and enrolls in an institution of higher
education for such year, subparagraph (A) shall be
applied--
``(i) in the matter preceding clause (i),
by substituting `academic year 2016-2017' for
`the first time'; and
``(ii) in clause (i)(II), by substituting
`academic year 2016-2017' for `the academic
year for which the applicant submitted a FAFSA
during such period'.
``(D) Dependent student certification form.--The
Secretary, in cooperation with representatives of
agencies and organizations involved in student
financial assistance, shall use behavioral science
insights to produce, distribute, and process free of
charge a short and simple consumer-tested dependent
student certification form that uses skip logic to
bypass fields that are inapplicable to an applicant.
Such form shall not require an applicant to provide
data that the Secretary may otherwise obtain with
respect to the applicant (such as age or active duty
military status), and may only contain the data
elements required for purposes of subparagraph (A)(i)--
``(i) to confirm that the applicant is a
dependent student;
``(ii) to allow the applicant to update the
contact information of such applicant or the
Federal School Code of the institution of
higher education in which the applicant is, or
will be enrolled, for the academic year for
which the applicant submits such form; and
``(iii) to ask whether the applicant's need
and eligibility for financial assistance under
this title has not changed substantially since
the most recent of the following:
``(I) The applicant submitted a
FAFSA.
``(II) The applicant received an
adjustment under section 479A to the
expected family contribution of the
applicant.
``(E) Succeeding academic year defined.--In this
paragraph, the term `succeeding academic year'--
``(i) when used with respect to an
applicant who submits a FAFSA for the first
time for an academic year during the period
required for the completion of the first
undergraduate baccalaureate course of study
being pursued by such applicant, means any
academic year during such period that follows
the academic year for which the applicant
submits such FAFSA; and
``(ii) when used with respect to an
applicant described in subparagraph (C), means
any academic year after academic year 2016-2017
during the period required for the completion
of the first undergraduate baccalaureate course
of study being pursued by such applicant.''.
(b) Effective Date.--The amendment made by this section shall be
effective with respect to determining the expected family contribution
of applicants for award year 2017-2018 and each succeeding award year. | File Once FAFSA Act of 2016 This bill amends the Higher Education Act of 1965 to revise the Free Application for Federal Student Aid process for low-income students applying for Federal Pell Grants. Specifically, the bill allows dependent students to apply for aid once. Thus, students who receive Pell Grants need not apply again in subsequent years, unless they become independent of their family. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Dependent Care Tax Credit
Enhancement Act of 2015''.
SEC. 2. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT.
(a) In General.--Paragraph (2) of section 21(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means--
``(A) in the case of employment-related expenses
incurred for the care of a qualifying individual who
has not attained 5 years of age before the close of the
taxable year, 50-percent reduced (but not below 20
percent) by 1 percentage point for each $2,000 (or
fraction thereof) by which the taxpayer's adjusted
gross income for the taxable year exceeds $120,000, and
``(B) in the case of any employment-related
expenses which are not described in subparagraph (A),
35-percent reduced (but not below 20 percent) by 1
percentage point for each $2,000 (or fraction thereof)
by which the taxpayer's adjusted gross income for the
taxable year exceeds $120,000.''.
(b) Increase in Dollar Limit on Amount Creditable.--Paragraphs (1)
and (2) of section 21(c) of such Code are amended to read as follows:
``(1) in the case of 1 qualifying individual with respect
to the taxpayer for such taxable year--
``(A) if such qualifying individual has attained 5
years of age before the close of the taxable year,
$3,000, or
``(B) if such qualifying individual has not
attained 5 years of age before the close of the taxable
year, $6,000, or
``(2) in the case of 2 or more qualifying individuals with
respect to the taxpayer for such taxable year--
``(A) if 1 of such qualifying individuals has not
attained 5 years of age before the close of the taxable
year, $9,000, or
``(B) if 2 or more of such qualifying individuals
have not attained 5 years of age before the close of
the taxable year, $12,000.''.
(c) Adjustment for Inflation.--Section 21 of such Code is amended--
(1) by redesignating subsection (f) as subsection (g), and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Inflation Adjustment.--
``(1) In general.--In the case of a calendar year beginning
after 2016, the $120,000 dollar amounts in subparagraphs (A)
and (B) of subsection (a)(2) and the dollar amounts in
subsection (c) shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any dollar amount, after being
increased under paragraph (1), is not a multiple of $100, such
dollar amount shall be rounded to the next lowest multiple of
$100.''.
(d) Credit To Be Refundable.--
(1) In general.--The Internal Revenue Code of 1986 is
amended--
(A) by redesignating section 21 as section 36C, and
(B) by moving section 36C, as so redesignated, from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 in subpart C
of part IV of subchapter A of chapter 1.
(2) Technical amendments.--
(A) Paragraph (1) of section 23(f) of the Internal
Revenue Code of 1986 is amended by striking ``21(e)''
and inserting ``36C(e)''.
(B) Paragraph (6) of section 35(g) of such Code is
amended by striking ``21(e)'' and inserting ``36C(e)''.
(C) Paragraph (1) of section 36C(a) of such Code
(as redesignated by paragraph (1)) is amended by
striking ``this chapter'' and inserting ``this
subtitle''.
(D) Subparagraph (C) of section 129(a)(2) of such
Code is amended by striking ``section 21(e)'' and
inserting ``section 36C(e)''.
(E) Paragraph (2) of section 129(b) of such Code is
amended by striking ``section 21(d)(2)'' and inserting
``section 36C(d)(2)''.
(F) Paragraph (1) of section 129(e) of such Code is
amended by striking ``section 21(b)(2)'' and inserting
``section 36C(b)(2)''.
(G) Subsection (e) of section 213 of such Code is
amended by striking ``section 21'' and inserting
``section 36C''.
(H) Subparagraph (H) of section 6213(g)(2) of such
Code is amended by striking ``section 21'' and
inserting ``section 36C''.
(I) Subparagraph (L) of section 6213(g)(2) of such
Code is amended by striking ``section 21, 24, or 32,''
and inserting ``section 24, 32, or 36C,''.
(J) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(K) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 36B the following:
``Sec. 36C. Expenses for household and dependent care services
necessary for gainful employment.''.
(L) The table of sections for subpart A of such
part IV is amended by striking the item relating to
section 21.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Child and Dependent Care Tax Credit Enhancement Act of 2015 Amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) increase to $120,000, the adjusted gross income threshold level above which such credit is incrementally reduced; (2) increase the dollar limit on the allowable amount of such credit; (3) allow an inflation adjustment to the threshold amount and the maximum credit amounts, beginning after 2016; and (4) make such credit refundable. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``School And Family Education about
the Internet Act of 2009'' or the ``SAFE Internet Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Internet is an invaluable tool that is critical to
the ability of the Nation to compete in a global economy. The
Internet provides instant access to research and boundless
information, and establishes digital connections between
individuals around the world.
(2) About 93 percent of youth ages 12 through 17 years are
online and nearly 45 percent of children ages 3 to 11 years
will use the Internet on a monthly basis in 2009. Eighty-nine
percent of youth 13 through 19 years of age have a profile on
social-networking sites. Eighty percent of teens 13 through 17
years of age use cell phones, most of which have built-in
cameras.
(3) Internet safety education, coupled with technology
tools, is the most effective way to resolve and prevent the
problems and dangers relating to misuse of the Internet and
other new media.
(4) According to an empirical study of 1,379 fourth grade
students in Virginia, the first State to mandate Internet
safety education in its schools, the students improved their
responses to 8 of 10 questions after completing an Internet
safety education program, especially in 2 major areas,
uncomfortable content and cyberbullying.
(5) As a result of the enactment of the Children's Internet
Protection Act (Public Law 106-554; 114 Stat. 2763A-336) in
2000, which mandated that schools implement Internet safety
policies and technology protection measures to receive E-Rate
funding, most schools have developed acceptable use policies
and implemented filtering and other technology-based solutions
to help protect children.
(6) Most elementary and secondary school educators have
received little or no professional development training on
Internet safety. As a result, many students receive little or
no education on safe, responsible, and ethical use of Internet
and other new media.
(7) The widespread use of the Internet, cell phones,
interactive gaming, and other electronic communication devices
by children both inside and outside of school suggest that
acceptable use policies and filtering alone cannot resolve
Internet safety concerns, and that a greater focus on education
would be beneficial.
(8) In a national poll on children's health, parents ranked
Internet safety fifth among their top health concerns for
children. Educating parents about Internet safety is key to
empowering them to understand actual risks and to take an
active role in protecting their children.
(9) The problem of online harassment or cyberbullying of
youth by other youths is widespread, and results in a range of
children's experiences from minor irritation to severe
emotional harm. The Bureau of Justice Statistics has found that
online harassment tends to begin in third and fourth grade,
peaks in seventh and eighth grade, and continues in reduced
amounts throughout high school, college, and professional
schools.
(10) Young people face greater risks in the form of
electronic aggression and sexual solicitation from other young
people known to them than from strangers.
(11) Gang members increasingly are using the Internet as a
recruitment tool to entice would-be members and as an
intimidation tool to threaten rival gangs. Gang members use the
Internet in particular to promote their message.
(12) More research is needed in several areas of youth
online safety, including--
(A) minor-to-minor solicitation to use the Internet
in an inappropriate manner;
(B) the creation of problematic content by youths;
(C) lesbian, gay, bisexual, and transgender youth
and youth with disabilities who may be particularly
vulnerable;
(D) the interplay between socioeconomic class and
risk factors;
(E) the role that pervasive digital image and video
capture devices play in harassment of youth by other
youth and youth production of problematic content;
(F) the intersection of different mobile and
Internet-based technologies; and
(G) the online activities of registered sex
offenders.
(b) Purposes.--The purposes of this Act are to--
(1) facilitate research and identify best practices in
Internet safety education; and
(2) establish a competitive grant program for State
educational agencies, local educational agencies, and nonprofit
organizations to promote Internet safety education in the
community.
SEC. 3. DEFINITIONS.
In this Act:
(1) Applicable agency heads.--The term ``applicable agency
heads'' means the Director, with the concurrence of the
Secretary of Education and the Secretary of Health and Human
Services.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Justice Assistance.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a partnership between a State educational
agency and 1 or more local educational agencies (as
those terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) of the State;
(B) a local educational agency;
(C) a nonprofit organization; or
(D) a consortium of elementary schools or secondary
schools (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) collaborating with an entity described in
subparagraph (A), (B), or (C).
(4) Grant guidance.--The term ``grant guidance'' means the
grant guidance issued under section 4(e)(1).
(5) Internet safety education program.--The term ``Internet
safety education program'' means an age-appropriate, research-
based program that encourages safe, ethical, and responsible
use of the Internet, promotes an informed, critical
understanding of the Internet, and educates children and
communities about how to prevent or respond to problems or
dangers related to the Internet or new media.
(6) New media.--The term ``new media''--
(A) means emerging digital, computerized, or
networked information and communication technologies
that often have interactive capabilities; and
(B) includes e-mail, instant messaging, text
messaging, websites, blogs, interactive gaming, social
media, cell phones, and mobile devices.
(7) Nonprofit.--The term ``nonprofit'' means that a person
is an organization that is described in section 501(c) of the
Internal Revenue Code of 1986, and exempt from tax under
section 501(a) of that Code.
SEC. 4. GRANT PROGRAM.
(a) Authority To Make Grants.--
(1) In general.--Subject to subsection (e)(1), the
Director, after consultation with the Secretary of Education
and the Secretary of Health and Human Services, may make grants
to eligible entities to carry out an Internet safety education
program and other activities relating to Internet safety.
(2) Period.--A grant under this section shall be for a 2-
year period.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director, which shall
include--
(1) a description of the partnership arrangements, if any,
of the eligible entity relating to the activities to be carried
out with the grant;
(2) a description of the measurable goals of the eligible
entity relating to the activities to be carried out with the
grant;
(3) a description of how the Internet safety education
program of the eligible entity shall achieve the measurable
goals described in paragraph (2);
(4) a description of the plan of the eligible entity to
continue to implement the Internet safety education program
after the grant under this section ends;
(5) a description of how funds under the grant may be used
and coordinated with Internet safety education programs being
carried out on the date of enactment of this Act or other
Internet safety education programs established with grants
under this section;
(6) a description of the demographics of the individuals
that shall be targeted under the proposed Internet safety
education program; and
(7) any other information or assurances required by the
Director.
(c) Prioritization.--In making grants under this section, the
Director shall give priority to an eligible entity that--
(1) is comprised of a partnership between 1 or more
nonprofit groups and education agencies;
(2) identifies and targets at-risk children;
(3) works in partnership with the private sector, law
enforcement, the philanthropic community, the media,
researchers, social services organizations, or other community-
based groups;
(4) provides Internet safety education programs at no cost
to students or schools;
(5) accommodates different languages and language
proficiencies;
(6) accommodates differing levels of technological
sophistication; or
(7) has a viable plan to sustain the Internet safety
education program after the grant program ends.
(d) Use of Funds.--An eligible entity may use a grant under this
section to--
(1) identify, develop, and implement Internet safety
education programs, including educational technology,
multimedia and interactive applications, online resources, and
lesson plans;
(2) provide professional training to elementary and
secondary teachers, administrators, and other staff on Internet
safety and new media literacy;
(3) develop online-risk prevention programs for children;
(4) train and support peer-driven Internet safety education
initiatives;
(5) coordinate and fund research initiatives that
investigate online risks to children and Internet safety
education;
(6) develop and implement public education campaigns to
promote awareness of online risks to children and Internet
safety education;
(7) educate parents about teaching their children how to
use the Internet and new media safely, responsibly, and
ethically and help parents identify and protect their children
from risks relating to use of the Internet and new media; or
(8) carry out any other activity approved by the Director.
(e) Grant Guidance.--
(1) In general.--Before making grants under this section,
and not later than 1 month after the date on which the study
under paragraph (3)(A) is completed, the applicable agency
heads, in consultation with education groups, Internet safety
groups, and other relevant experts in the field of new media,
shall issue detailed guidance for the grant program under this
section.
(2) Contents of guidance.--The grant guidance shall be in
accordance with best practices relating to Internet education
and the research-based recommendations derived from the study
conducted under paragraph (3)(A).
(3) Internet safety research.--
(A) Initial research.--The applicable agency heads
shall enter into contracts with one or more private
companies, government agencies, or nonprofit
organizations to complete a study, not later than 3
months after the date of enactment of this Act,
regarding--
(i) the nature and prevalence of Internet
safety education programs and any evidence-
based research conducted relating to the
programs;
(ii) findings regarding at-risk children;
(iii) gaps in Internet safety education and
youth online risk research; and
(iv) any other area determined appropriate
by the applicable agency heads.
(B) Additional research.--Subject to the
availability of appropriations, the applicable agency
heads shall enter into contracts with private
companies, government agencies, or nonprofit
organizations to conduct additional research regarding
the issues described in subparagraph (A). Any research
conducted under this subparagraph shall be included in
the reports under subsection (g)(3).
(f) Technical Assistance.--The applicable agency heads shall
provide technical assistance to eligible entities that receive a grant
under this section, which may include maintaining a website to
facilitate outreach and communication among the eligible entities that
receive a grant under this section.
(g) Reports.--
(1) By eligible entities.--An eligible entity that receives
a grant under this section shall issue publically an annual
report regarding the activities carried out using funds made
available under the grant, which shall include--
(A) a description of how the eligible entity
implemented the Internet safety education program
carried out with the grant;
(B) the number and demographic characteristics of
the individuals reached;
(C) an analysis of whether and to what degree the
goals for the Internet safety education program were
met; and
(D) an analysis of the challenges, if any, that
interfered with achieving the goals described in
subparagraph (C).
(2) Compilation of annual reports for revised grant
guidance.--The applicable agency heads shall--
(A) review the report under paragraph (1) issued by
each eligible entity that receives a grant under this
section during the first fiscal year for which grants
under this section are made; and
(B) not later than 6 months after the date on which
all reports described in subparagraph (A) are issued,
modify the grant guidance based on the reports.
(3) Reports to congress.--Not later than 27 months after
the date on which the Director makes the first grant under this
section, and annually thereafter, the applicable agency heads
shall submit to Congress a report regarding the grant program
under this section, which shall include--
(A) a compilation of the information and findings
of the annual reports issued under paragraph (1);
(B) the findings and conclusions of the applicable
agency heads, including findings and conclusions
relating to the effectiveness of Internet safety
education programs carried out using a grant under this
section; and
(C) best practices identified by the applicable
agency heads relating to Internet safety education.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Director to carry out this section $35,000,000 for
each of fiscal years 2010 through 2014. Of amounts made available to
carry out this section, not more than 5 percent shall be available to
carry out subsections (e), (f), and (g)(2). | School And Family Education about the Internet Act of 2009 or the SAFE Internet Act - Authorizes the Director of the Bureau of Justice Assistance to make grants to eligible entities to carry out an age-appropriate, research-based Internet safety education program and other activities relating to Internet safety. Defines "eligible entity" as: (1) a local educational agency, a nonprofit organization, or a partnership between a state educational agency and one or more local educational agencies; or (2) a consortium of elementary schools or secondary schools collaborating with such an entity.
Requires the Director, with the concurrence of the Secretary of Education and the Secretary of Health and Human Services (HHS) to: (1) enter into contracts with one or more private companies, government agencies, or nonprofit organizations to complete a study on Internet safety; and (2) provide technical assistance to recipients of such grants. | billsum_train |
Condense the following text into a summary: SECTION 1. FINDINGS.
The Congress finds the following:
(1) Paraprofessionals are not substitutes for certified
teachers.
(2) Small class size is fundamental to all learning, but
particularly in the early grades.
(3) Putting more adults in the classroom helps to increase
the attention paid to each student and to improve discipline.
(4) Expanding the availability of entry-level classroom
jobs that include opportunities for training and professional
development should encourage more adults to enter teacher
training and careers in education.
SEC. 2. FUNDS FOR RECRUITING, HIRING, AND TRAINING PARAPROFESSIONALS.
(a) State Allocations.--From the amount appropriated to carry out
this Act for each fiscal year, the Secretary of Education--
(1) shall make available 1 percent of such amount to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities under this Act;
and
(2) shall allocate the remainder by providing each State
the same percentage of that remainder as it received of the
funds allocated to States under section 306(a)(2) of the
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 2001, as enacted by
section 1(a)(1) of Public Law 106-554.
(b) Local Agency Allocations.--Each State that receives funds under
this Act shall distribute 100 percent of such funds to local
educational agencies, of which--
(1) 80 percent of such amount shall be allocated to local
educational agencies in proportion to the number of children,
aged 5 to 17, who reside in the school district served by a
local educational agency from families with incomes below the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved for the most recent
fiscal year for which satisfactory data are available compared
to the number of such individuals who reside in the school
districts served by all the local educational agencies in the
State for that fiscal year; and
(2) 20 percent of such amount shall be allocated to local
educational agencies in accordance with the relative
enrollments of children, aged 5 to 17, in public and private
nonprofit elementary and secondary schools within the
boundaries of such agencies.
(c) Uses of Funds.--
(1) Purpose.--The basic purpose and intent of this Act is
to decrease the ratio of students to personnel in public
elementary and secondary school classrooms by assisting local
educational agencies in the recruitment, hiring, and training
of 100,000 new classroom paraprofessionals. Each local
educational agency that receives funds under this Act shall use
such funds to carry out effective approaches to achieving such
ratio reductions in order to improve educational achievement
for both regular and special needs children, with particular
consideration given to making such reductions in the early
elementary grades.
(2) Recruitment, hiring, and training.--
(A) In general.--Each local educational agency that
receives funds under this Act--
(i) may use up to 100 percent of the funds
under this Act for recruiting (including
through the use of signing bonuses and other
financial incentives), hiring, and training
paraprofessionals to assist teachers, including
teachers employed in bilingual education,
special education, and migrant education; and
(ii) may use up to 25 percent of the funds
under this Act--
(I) for providing professional
development (which may include such
activities as those described in
section 2210 of the Elementary and
Secondary Education Act of 1965 (as in
effect on the day before the date of
the enactment of the No Child Left
Behind Act of 2001 (Public Law 107-110;
115 Stat. 1425)), opportunities for
paraprofessionals to attend multi-week
institutes, such as those made
available during the summer months,
that provide intensive professional
development in partnership with local
educational agencies, and initiatives
that promote retention and mentoring),
to paraprofessionals, including
paraprofessionals who assist teachers
employed in bilingual education,
special education, and migrant
education; or
(II) to provide assistance to new
and existing paraprofessionals to
ensure that such individuals are highly
qualified consistent with the
requirements of subsections (c) and (d)
of section 1119 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6319).
(B) Special rule.--In the case of a local
educational agency that has already reduced the ratio
of students to instructional personnel in grades
kindergarten through 3 to 18 or less (or has already
reduced such ratio to a State or local goal that was in
effect on the day before the enactment of the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act,
2001 (Public Law 106-554; 114 Stat. 2763), if that
State or local educational agency goal is 20 or less)
may use 100 percent of the funds received under this
Act--
(i) to make further student-to-personnel
ratio reductions in grades kindergarten through
3;
(ii) to reduce the student-to-personnel
ratio in other grades;
(iii) to carry out activities to improve
paraprofessional quality, including
professional development; or
(iv) to assist paraprofessionals to obtain
the education necessary to become licensed and
certified teachers.
(3) Supplement, not supplant.--Each local educational
agency that receives funds under this Act shall use such funds
only to supplement, and not to supplant, State and local funds
that, in the absence of funds under this Act, would otherwise
be spent for activities under this Act.
(4) Limitation.--No funds made available under this Act may
be used to increase the salaries or provide benefits, other
than participation in professional development, education, or
enrichment programs, to paraprofessionals who are not hired
under this Act.
(d) Reporting.--
(1) In general.--Each State receiving funds under this Act
shall submit to the Secretary on a biennial basis a report
containing data on the use of funds, the types of services
furnished, and the students served under this Act.
(2) Reports to parents.--Each State and local educational
agency receiving funds under this Act shall publicly report to
parents on its progress in decreasing the ratio of students to
personnel in elementary and secondary school classrooms by
recruiting, hiring, and training paraprofessionals and on the
impact such activities have had, if any, on increasing student
academic achievement.
(3) Disclosure of qualifications.--Each school receiving
funds under this Act shall provide to parents, upon request,
the qualifications of each member of their child's classroom
instructional staff.
(e) Administrative Costs.--A local educational agency that receives
funds under this Act may use not more than 2 percent of such funds for
local administrative costs.
(f) Application.--Each local educational agency that desires to
receive funds under this Act shall include in the application required
under section 5133 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7215b) a description of the agency's program to reduce
the ratio of students to personnel in elementary and secondary school
classrooms by recruiting, hiring, and training paraprofessionals.
(g) Definitions.--For purposes of this Act:
(1) The term ``paraprofessional'' means an individual who
is employed in a public elementary or secondary school under
the supervision of a certified or licensed teacher, including
individuals employed in bilingual education, special education,
and migrant education.
(2) The term ``local educational agency'' has the meaning
given to that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) The term ``Secretary'' means the Secretary of
Education.
(4) The term ``State'' is defined as that term is used in
section 306(a)(2) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2001, as enacted by section 1(a)(1) of Public Law 106-554.
(h) Authorization of Appropriations.--To carry out this Act, there
is authorized to be appropriated $1,000,000,000 for each of fiscal
years 2014 through 2018. | Directs the Secretary of Education to allot funds to states for distribution to local educational agencies (LEAs) to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children. Requires that 80% of a state's allotment be allocated to LEAs on the basis of each LEA's proportion of low-income schoolchildren in the state, and that the remainder be allocated on the basis of each LEA's proportion of the overall population of schoolchildren in the state. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Responsibility Act of
1995''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote compliance with Article I of
the United States Constitution, which grants legislative powers solely
to Congress. Article I ensures that Federal regulations will not take
effect unless passed by a majority of the members of the Senate and
House of Representatives and signed by the President, or that the
members of the Senate and House of Representatives override the
President's veto. This Act ends the practice whereby Congress delegates
its responsibility for making regulations to unelected, unaccountable
officials of the executive branch and requires that regulations
proposed by agencies of the executive branch be affirmatively enacted
by Congress before they become effective. The Act will result in a more
democratic and accountable Congress and protect the public from
regulations for which elected, accountable officials are unwilling to
take responsibility.
SEC. 3. ENACTMENT OF AGENCY REGULATIONS.
(a) Congressional Approval.--A regulation shall not take effect
before the date of the enactment of a bill described in section 4(a)
comprised solely of the text of the regulation.
(b) Agency Report.--Whenever an agency promulgates a regulation,
the agency shall submit to each House of Congress a report containing
the text of the proposed regulation and an explanation of the proposed
regulation. The explanation shall consist of the concise general
statement of their basis and purpose required by section 553 of title
5, United States Code and such explanatory documents as are mandated by
other statutory requirements.
SEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS.
(a) Introduction.--Not later than three legislative days after the
date on which an agency submits a report under section 3(b), the
Majority Leader of each House of Congress shall introduce (by request)
a bill comprised solely of the text of the regulation contained in the
report. If such a bill is not introduced in a House of Congress as
provided in the preceding sentence, then any Member of that House may
introduce such a bill.
(b) Bill.--For purposes of this section, the term ``bill'' means a
bill of the two Houses of Congress, the matter after the enacting
clause of which is as follows: ``The following agency regulations are
hereby approved and shall have the force and effect of law:'' (the text
of the regulations being set forth after the semicolon).
(c) Referral and Consideration.--(1) A bill described in subsection
(b) shall not be referred to a committee.
(2) It is in order for any Member of the respective House to move
to proceed to the consideration of the bill. A Member may make the
motion only on the day after the calendar day on which the Member
announces to the House concerned the Member's intention to make the
motion. All points of order against the bill (and against consideration
of the bill) are waived. The motion is highly privileged in the House
of Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of the bill is agreed to, the respective House shall
immediately proceed to consideration of the bill without intervening
motion, order, or other business, and the bill shall remain the
unfinished business of the respective House until disposed of.
(3) Debate on the bill, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than one hour, which
shall be divided equally between those favoring and those opposing the
bill. An amendment to the bill is not in order. A motion further to
limit debate is in order and not debatable. A motion to postpone, or a
motion to proceed to the consideration of other business, or a motion
to recommit the bill is not in order. A motion to reconsider the vote
by which the bill is agreed to or disagreed to is not in order.
(4) Appeals from the decisions of the Chair relating to the
application of the regulations of the Senate or the House of
Representatives, as the case may be, to the procedure relating to the
bill shall be decided without debate.
(d) Final Passage.--A vote on final passage of a bill described in
subsection (b) shall be taken in a House of Congress on or before the
close of the 60th calendar day after the date of the introduction of
the bill in that House.
(e) Exception.--A motion to suspend the application of subsections
(c) and (d) is in order in either House of Congress and shall be
considered as passed or agreed to by a vote of a majority of the
Members voting. Upon the passage of such a motion, the bill shall be
considered in the same manner as other bills.
(f) Treatment if the Other House Has Acted.--(1) If, before the
passage by one House of a bill introduced in that House described in
subsection (b), that House receives from the other House a bill
described in subsection (b) comprised of the same text, then:
(A) The bill of the other House shall not be referred to a
committee and may not be considered in the House receiving it
except in the case of final passage as provided in subparagraph
(B)(ii).
(B) With respect to a bill described in subsection (b) of
the House receiving the bill--
(i) the procedure in that House shall be the same
as if no bill had been received from the other House;
but
(ii) the vote on final passage shall be on the bill
of the other House.
(2) Upon disposition of the bill received from the other House, it
shall no longer be in order to consider the bill that originated in the
receiving House.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551(1) of title 5, United States Code.
(2) Regulation.--The term ``regulation'' has the meaning
given the term ``rule'' in section 551(4) of title 5, United
States Code, except that such term does not include--
(A) any regulation of particular applicability; or
(B) any interpretative rule, general statement of
policy, or any regulation of agency organization,
personnel, procedure, or practice.
SEC. 6. EFFECTIVE DATE.
This Act shall apply to agency regulations promulgated after the
date of the enactment of this Act.
SEC. 7. JUDICIAL REVIEW.
A regulation contained in a bill enacted pursuant to this Act is
not an agency action for the purpose of Judicial review under chapter 7
of title 5, United States Code. | Congressional Responsibility Act of 1995 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation.
Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation.
Sets forth expedited congressional procedures for consideration of agency regulations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare+Choice Rescue Act of
2000''.
SEC. 2. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH
PERCENTAGE IN 2001 AND 2002.
Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
23(c)(6)(B)) is amended--
(1) in clause (iv), by striking ``for 2001, 0.5 percentage
points'' and inserting ``for 2001, 0 percentage points''; and
(2) in clause (v), by striking ``for 2002, 0.3 percentage
points'' and inserting ``for 2002, 0 percentage points''.
SEC. 3. ELIMINATION OF REDUCTION IN MEDICARE+CHOICE PAYMENT RATES BY
BUDGET NEUTRALITY ADJUSTMENTS.
(a) In General.--Section 1853(c)(1)(A) of the Social Security Act
(42 U.S.C. 1395w-23(c)(1)(A)) is amended by adding at the end the
following: ``With respect to years beginning on or after January 1,
2001, in no case shall the budget neutrality adjustment provided for in
the previous sentence result in a reduction of the payment amount that
would otherwise be made under this subparagraph but for such
adjustment.''.
SEC. 4. PAYMENT FLOOR FOR MEDICARE+CHOICE PLANS.
(a) In General.--Section 1853(c)(1) of the Social Security Act (42
U.S.C. 1395w-23(c)(1)) is amended--
(1) in the matter before subparagraph (A), by striking ``or
(C)'' and inserting ``(C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) True floor based on 90 percent of the fee-
for-service per capita expenditures for medicare+choice
plans.--In the case of a plan, 90 percent of an amount
equal to the annual per capita rate of payment
described in section 1876(a)(1)(C) for the area
involved.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
payments for months beginning on or after January 2001.
SEC. 5. CORRECTING FOR MISESTIMATES IN THE GROWTH RATE; LIMITING
RETROACTIVE ADJUSTMENTS.
(a) In General.--Notwithstanding any other provision of law, for
purposes of payments under section 1853(c) of the Social Security Act
(42 U.S.C. 1395w-23(c)) to Medicare+Choice organizations offering
Medicare+Choice plans for 2001, the Secretary of Health and Human
Services shall provide for an increase by 3.6 percent the amount of
payment otherwise applicable to such plans under that section in 2001.
(b) Hold Harmless for Errors in Estimates.--Section 1853(c)(6) of
such Act (42 U.S.C. 1395w-23(c)(6)) is amended--
(1) in subparagraph (C), by striking ``Beginning with
rates'' and inserting ``Subject to subparagraph (D), beginning
with rates''; and
(2) by adding at the end the following new subparagraph:
``(D) Hold harmless for over projections.--
Beginning with rates calculated for 2002, in making
adjustments under subparagraph (C), in no case may the
Secretary provide for an adjustment in a year for that
results in a reduction of the national per capita
Medicare+Choice growth percentage that is greater than
0.5 percent.''.
SEC. 6. ADDITIONAL FLOOR FOR ANNUAL INCREASE IN MEDICARE+CHOICE
CAPITATION RATES.
Section 1853(c)(3)(C) of the Social Security Act (42 U.S.C. 1395w-
23(c)(3)(C)) is amended--
(1) in clause (ii), by inserting ``(before 2002)'' after
``For a subsequent year''; and
(2) by adding at the end the following new clause:
``(iii) For 2002 and each subsequent year,
the greater of (I) 102 percent of the annual
Medicare+Choice capitation rate under this
paragraph for the area for the previous year,
or (II) such rate for the previous year
increased by the national per capita
Medicare+Choice growth percentage, described in
paragraph (6)(A) for the succeeding year.''.
SEC. 7. APPLICATION OF BUDGET NEUTRALITY PRINCIPLE TO THE NEW
MEDICARE+CHOICE RISK ADJUSTMENT METHODOLOGY.
(a) In General.--Section 1853(a)(3) of the Social Security Act (42
U.S.C. 1395w-23(a)(3)) is amended by adding at the end the following
new subparagraph:
``(E) Implementation in a budget neutral manner.--
The methodology under this paragraph shall be designed
and implemented in a manner so that it does not result
in any material change in the aggregate level of
expenditures under this title compared to the level
that would have occurred if such methodology had not
been implemented (and if the previous risk adjustment
methodology used in 1998 had continued to be
implemented).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act and applies to payments
for months beginning on or after January 2001.
SEC. 8. PROVIDING FOR CONTINUOUS OPEN ENROLLMENT AND DISENROLLMENT.
(a) In General.--Section 1851(e)(2) of the Social Security Act (42
U.S.C. 1395w-21(e)(2)) is amended to read as follows:
``(2) Continuous open enrollment and disenrollment.--
Subject to paragraph (5), a Medicare+Choice eligible individual
may change the election under subsection (a)(1) at any time.''.
(b) Conforming Amendments.--
(1) Medicare+choice.--Section 1851(e) of such Act (42
U.S.C. 1395w-21(e)) is amended--
(A) in paragraph (4)--
(i) by striking ``Effective as of January
1, 2002, an'' and inserting ``An'';
(ii) by striking ``other than during an
annual, coordinated election period'';
(iii) by inserting ``in a special election
period for such purpose'' after ``make a new
election under this section''; and
(iv) by striking the second sentence; and
(B) in paragraphs (5)(B) and (6)(A), by striking
``the first sentence of''.
(2) Medigap.--Section 1882(s)(3)(B) of such Act (42 U.S.C.
1395ss(s)(3)(B)) is amended--
(A) in clause (ii), by striking ``permitting
discontinuance of the individual's election of the plan
under the first sentence of section 1851(e)(4)'' and
inserting ``providing the individual a special election
period under section 1851(e)(4)''; and
(B) in clause (iii), by striking ``permit
discontinuance of an individual's election of coverage
under the first sentence of section 1851(e)(4)'' and
inserting ``provide the individual a special election
period under section 1851(e)(4)''.
(c) Effective Date.--The amendments made by this section apply with
respect to plan years beginning on or after January 1, 2002.
SEC. 9. ALLOWING VARIATION IN PREMIUMS AND BENEFITS WITHIN COUNTIES.
(a) In General.--Subsections (c) and (f)(1)(D) of section 1854 of
the Social Security Act (42 U.S.C. 1395w-24) are each amended by
inserting before the period at the end the following: ``, expect that
the Secretary shall provide for exceptions based on provider catchment
area that may be a geographic area that is smaller than a county or a
catchment area that crosses the boundaries of two or more counties''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to years beginning on or after January 1, 2001.
SEC. 10. MODIFYING PHASE-IN OF MEDICARE+CHOICE RISK-ADJUSTMENT
METHODOLOGY FOR INSTITUTIONALIZED MEDICARE BENEFICIARIES.
The Secretary of Health and Human Services shall provide that the
risk-adjustment methodology applied under section 1853(a) of the Social
Security Act (42 U.S.C. 1395w-23(a)), insofar as it makes adjustments
to capitation rates for health status, shall only apply to 10 percent
of \1/12\ of the annual Medicare+Choice capitation rate in the case of
an eligible individual who is institutionalized (as defined for
purposes of section 1851(e)(2)(D) of such Act (42 U.S.C. 1395w-
21(e)(2)(D))) until the first year in which the Secretary implements a
modification of such methodology based on health status so that such
methodology includes medical diagnostic factors from all provider
settings (including hospital and nursing facility settings). | Directs the Secretary of Health and Human Services to correct for misestimates in the national per capita Medicare+Choice growth rate by providing for an increase by 3.6 percent in the amount of payment otherwise applicable to Medicare+Choice organizations offering Medicare+Choice plans in 2001. Limits retroactive adjustments.
Amends Medicare part C to provide for: (1) continuous open enrollment and disenrollment under Medicare+Choice and Medicare supplemental policy (Medigap) provisions on coverage election periods; and (2) variations in premiums and benefits under Medicare+Choice within counties.
Directs the Secretary of Health and Human Services to provide that risk-adjustment methodology under Medicare+Choice, insofar as it makes adjustments to capitation rates for health status, shall not only apply to ten percent of 1/12 of the annual Medicare+Choice capitation rate in the case of an eligible individual who is institutionalized until the first year in which the Secretary implements a modification of such methodology based on health status so that such methodology includes medical diagnostic factors from all provider settings (including hospital and nursing facility settings). | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Information Control
Designations Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to increase Governmentwide information
sharing and the availability of information to the public by
standardizing and limiting the use of information control designations.
SEC. 3. REGULATIONS RELATING TO INFORMATION CONTROL DESIGNATIONS WITHIN
THE FEDERAL GOVERNMENT.
(a) Requirement To Reduce and Minimize Information Control
Designations.--Each Federal agency shall reduce and minimize its use of
information control designations on information that is not classified.
(b) Archivist Responsibilities.--
(1) Regulations.--The Archivist of the United States shall
promulgate regulations regarding the use of information control
designations.
(2) Requirements.--The regulations under this subsection
shall address, at a minimum, the following:
(A) Standards for utilizing the information control
designations in a manner that is narrowly tailored to
maximize public access to information.
(B) The process by which information control
designations will be removed.
(C) Procedures for identifying, marking, dating,
and tracking information assigned the information
control designations, including the identity of
officials making the designations.
(D) Provisions to ensure that the use of
information control designations is minimized and
cannot be used on information--
(i) to conceal violations of law,
inefficiency, or administrative error;
(ii) to prevent embarrassment to Federal,
State, local, tribal, or territorial
governments or any official, agency, or
organization thereof; any agency; or any
organization;
(iii) to improperly or unlawfully interfere
with competition in the private sector;
(iv) to prevent or delay the release of
information that does not require such
protection;
(v) if it is required to be made available
to the public; or
(vi) if it has already been released to the
public under proper authority.
(E) Provisions to ensure that the presumption shall
be that information control designations are not
necessary.
(F) Methods to ensure that compliance with this Act
protects national security and privacy rights.
(G) The establishment of requirements that Federal
agencies, subject to chapter 71 of title 5, United
States Code, implement the following:
(i) A process whereby an individual may
challenge without retribution the application
of information control designations by another
individual and be rewarded with specific
incentives for successful challenges resulting
in--
(I) the removal of improper
information control designations; or
(II) the correct application of
appropriate information control
designations.
(ii) A method for informing individuals
that repeated failure to comply with the
policies, procedures, and programs established
under this section could subject them to a
series of penalties.
(iii) Penalties for individuals who
repeatedly fail to comply with the policies,
procedures, and programs established under this
section after having received both notice of
their noncompliance and appropriate training or
re-training to address such noncompliance.
(H) Procedures for members of the public to be
heard regarding improper applications of information
control designations.
(I) A procedure to ensure that all agency policies
and standards for utilizing information control
designations that are issued pursuant to subsection (c)
be provided to the Archivist and that such policies and
standards are made publicly available on the website of
the National Archives and Records Administration.
(3) Consultation.--In promulgating the regulations, the
Archivist shall consult with the heads of Federal agencies and
with representatives of State, local, tribal, and territorial
governments; law enforcement entities; organizations with
expertise in civil rights, employee and labor rights, civil
liberties, and government oversight; and the private sector, as
appropriate.
(c) Agency Responsibilities.--The head of each Federal agency shall
implement the regulations promulgated by the Archivist under subsection
(b) in the agency in a manner that ensures that--
(1) information can be shared within the agency, with other
agencies, and with State, local, tribal, and territorial
governments, the private sector, and the public, as
appropriate;
(2) all policies and standards for utilizing information
control designations are consistent with such regulations;
(3) the number of individuals with authority to apply
information control designations is limited; and
(4) information control designations may be placed only on
the portion of information that requires control and not on the
entire material.
SEC. 4. ENFORCEMENT OF INFORMATION CONTROL DESIGNATION REGULATIONS
WITHIN THE FEDERAL GOVERNMENT.
(a) Inspector General Responsibilities.--The Inspector General of
each Federal agency, in consultation with the Archivist, shall randomly
audit unclassified information with information control designations.
In conducting any such audit, the Inspector General shall--
(1) assess whether applicable policies, procedures, rules,
and regulations have been followed;
(2) describe any problems with the administration of the
applicable policies, procedures, rules and regulations,
including specific non-compliance issues;
(3) recommend improvements in awareness and training to
address any problems identified under paragraph (2); and
(4) report to the Committee on Oversight and Government
Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Archivist, and the public on the findings of the Inspector
General's audits under this section.
(b) Personal Identifiers.--
(1) In general.--For purposes described in paragraph (2),
the Archivist of the United States shall require that, at the
time of designation of information, the following shall appear
on the information:
(A) The name or personal identifier of the
individual applying information control designations to
the information.
(B) The agency, office, and position of the
individual.
(2) Purposes.--The purposes described in this paragraph are
as follows:
(A) To enable the agency to identify and address
misuse of information control designations, including
the misapplication of information control designations
to information that does not merit such markings.
(B) To assess the information sharing impact of any
such problems or misuse.
(c) Training.--The Archivist, subject to chapter 71 of title 5,
United States Code, and in coordination with the heads of Federal
agencies, shall--
(1) require training as needed for each individual who
applies information control designations, including--
(A) instruction on the prevention of the overuse of
information control designations;
(B) the standards for applying information control
designations;
(C) the proper application of information control
designations, including portion markings;
(D) the consequences of repeated improper
application of information control designations,
including the misapplication of information control
designations to information that does not merit such
markings, and of failing to comply with the policies
and procedures established under or pursuant to this
section; and
(E) information relating to lessons learned about
improper application of information control
designations, including lessons learned pursuant to the
regulations and Inspector General audits required under
this Act and any internal agency audits; and
(2) ensure that such program is conducted efficiently, in
conjunction with any other security, intelligence, or other
training programs required by the agency to reduce the costs
and administrative burdens associated with the additional
training required by this section.
(d) Detailee Program.--
(1) Requirement for program.--The Archivist, subject to
chapter 71 of title 5, United States Code, shall implement a
detailee program to detail Federal agency personnel, on a
nonreimbursable basis, to the National Archives and Records
Administration, for the purpose of--
(A) training and educational benefit for agency
personnel assigned so that they may better understand
the policies, procedures, and laws governing
information control designations;
(B) bolstering the ability of the National Archives
and Records Administration to conduct its oversight
authorities over agencies; and
(C) ensuring that the policies and procedures
established by the agencies remain consistent with
those established by the Archivist of the United
States.
(2) Sunset of detailee program.--Except as otherwise
provided by law, this subsection shall cease to have effect on
December 31, 2012.
SEC. 5. RELEASING INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION
ACT.
(a) Agency Responsibilities.--The head of each Federal agency shall
ensure that--
(1) information control designations are not a determinant
of public disclosure pursuant to section 552 of title 5, United
States Code (commonly referred to as the ``Freedom of
Information Act''); and
(2) all information in the agency's possession that is
releasable is made available to members of the public pursuant
to an appropriate request under such section 552.
(b) Rule of Construction.--Nothing in this Act shall be construed
to prevent or discourage any Federal agency from voluntarily releasing
to the public any unclassified information that is not exempt from
disclosure under section 552 of title 5, United States Code (commonly
referred to as the ``Freedom of Information Act'').
SEC. 6. DEFINITIONS.
In this Act:
(1) Information control designations.--The term
``information control designations'' means information
dissemination controls, not defined by Federal statute or by an
Executive order relating to the classification of national
security information, that are used to manage, direct, or route
information, or control the accessibility of information,
regardless of its form or format. The term includes, but is not
limited to, the designations of ``controlled unclassified
information'', ``sensitive but unclassified'', and ``for
official use only''.
(2) Information.--The term ``information'' means any
communicable knowledge or documentary material, regardless of
its physical form or characteristics, that is owned by, is
produced by or for, or is under the control of the Federal
Government.
(3) Federal agency.--The term ``Federal agency'' means--
(A) any Executive agency, as that term is defined
in section 105 of title 5, United States Code;
(B) any military department, as that term is
defined in section 102 of such title; and
(C) any other entity within the executive branch
that comes into the possession of classified
information.
SEC. 7. DEADLINE FOR REGULATIONS AND IMPLEMENTATION.
Regulations shall be promulgated in final form under this Act, and
implementation of the requirements of this Act shall begin, not later
than 24 months after the date of the enactment of this Act.
Passed the House of Representatives July 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Reducing Information Control Designations Act - (Sec. 3) Requires each federal agency to reduce and minimize its use of information control designations on information that is not classified. Defines such designations to mean information dissemination controls that are not defined by federal statute or executive order relating to the classification of national security information and that are used to manage, direct, or route information or to control the accessibility of information, regardless of its form or format.
Requires the Archivist of the United States to promulgate regulations to address: (1) standards for the use of the such designations to maximize public access to information; (2) the process for removing such designations; (3) procedures for identifying and tracking designated information; (4) provisions to minimize the use of such designations to prevent misuse and interference with competition in the private sector; and (5) a process for individuals and the public to challenge the use of such designations.
Requires the head of each federal agency to: (1) implement the regulations promulgated by the Archivist to encourage the sharing of information; and (2) ensure that such designations do not determine public disclosure requirements under the Freedom of Information Act.
(Sec. 4) Requires the Inspector General of each federal agency to randomly audit and report to Congress on unclassified information with such designations to determine compliance.
Directs the Archivist to: (1) require personal identifiers and agency affiliations of individuals applying such designations: (2) require training of such individuals; and (3) implement a program to detail federal employees to the National Archives and Records Administration (NARA) to train such employees. Terminates such detailee program on December 31, 2012.
(Sec. 7) Requires promulgation of final regulations and implementation of the requirements of this Act within 24 months. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Equity for School Teachers Act
of 2006''.
SEC. 2. DEDUCTION FOR CERTAIN PROFESSIONAL DEVELOPMENT EXPENSES AND
CLASSROOM SUPPLIES OF ELEMENTARY AND SECONDARY SCHOOL
TEACHERS AND FOR CERTAIN CERTIFICATION EXPENSES OF
SCIENCE, TECHNOLOGY, ENGINEERING, OR MATH TEACHERS.
(a) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subparagraph (D) of section 62(a)(2) of the Internal
Revenue Code of 1986 (relating to certain expenses of elementary and
secondary school teachers) is amended to read as follows:
``(D) Certain professional development expenses,
classroom supplies, and other expenses for elementary
and secondary teachers.--The sum of the deductions
allowed by section 162 with respect to the following
expenses:
``(i) Expenses paid or incurred by an
eligible educator in connection with books,
supplies (other than nonathletic supplies for
courses of instruction in health or physical
education), computer equipment (including
related software and services) and other
equipment, and supplementary materials used by
the eligible educator in the classroom.
``(ii) Expenses paid or incurred by an
eligible educator which constitute qualified
professional development expenses.
``(iii) Expenses which are related to the
initial certification of an individual (in the
individual's State licensing system) as a
qualified science, technology, engineering or
math teacher.''.
(b) Definitions and Special Rules.--Section 62(d) of the Internal
Revenue Code of 1986 (relating to definitions and special rules is
amended by redesignating paragraph (2) as paragraph (5) and by adding
after paragraph (1) the following new paragraphs:
``(2) Qualified professional development expenses.--For
purposes of subsection (a)(2)(D)--
``(A) In general.--The term `qualified professional
development expenses' means expenses for tuition, fees,
books, supplies, equipment, and transportation required
for the enrollment or attendance of an individual in a
qualified course of instruction.
``(B) Qualified course of instruction.--The term
`qualified course of instruction' means a course of
instruction which--
``(i) is--
``(I) directly related to the
curriculum and academic subjects in
which an eligible educator provides
instruction,
``(II) designed to enhance the
ability of an eligible educator to
understand and use State standards for
the academic subjects in which such
teacher provides instruction, or
``(III) designed to enable an
eligible educator to meet the highly
qualified teacher requirements under
the No Child Left Behind Act of 2001,
``(ii) may provide instruction to an
eligible educator--
``(I) in how to teach children with
different learning styles, particularly
children with disabilities and children
with special learning needs (including
children who are gifted and talented),
or
``(II) in how best to discipline
children in the classroom and identify
early and appropriate interventions to
help children described in subclause
(I) to learn,
``(iii) is tied to the ability of an
eligible educator to enable students to meet
challenging State or local content standards
and student performance standards,
``(iv) is tied to strategies and programs
that demonstrate effectiveness in assisting an
eligible educator in increasing student
academic achievement and student performance,
or substantially increasing the knowledge and
teaching skills of an eligible educator, and
``(v) is part of a program of professional
development for eligible educators which is
approved and certified by the appropriate local
educational agency as furthering the goals of
the preceding clauses.
``(C) Local educational agency.--The term `local
educational agency' has the meaning given such term by
section 14101 of the Elementary and Secondary Education
Act of 1965, as in effect on the date of the enactment
of this subsection.
``(3) Qualified science, technology, engineering, or math
teacher.--For purposes of subsection (a)(2)(D), the term
`qualified science, technology, engineering, or math teacher'
means, with respect to a taxable year, an individual who--
``(A) has a bachelor's degree or other advanced
degree in a field related to science, technology,
engineering, or math,
``(B) was employed as a nonteaching professional in
a field related to science, technology, engineering, or
math for not less than 3 taxable years during the 10-
taxable-year period ending with the taxable year,
``(C) is certified as a teacher of science,
technology, engineering, or math in the individual's
State licensing system for the first time during such
taxable year, and
``(D) is employed at least part-time as a teacher
of science, technology, engineering, or math in an
elementary or secondary school during such taxable
year.
``(4) Exemption from minimum education or new trade or
business exception.--For purposes of applying subsection
(a)(2)(D) and this subsection, the determination as to whether
qualified professional development expenses, or expenses for
the initial certification described in subsection
(a)(2)(D)(iii), are deductible under section 162 shall be made
without regard to any disallowance of such a deduction under
such section for such expenses because such expenses are
necessary to meet the minimum educational requirements for
qualification for employment or qualify the individual for a
new trade or business.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Tax Equity for School Teachers Act of 2006 - Amends the Internal Revenue Code to: (1) reinstate and revise the tax deduction for certain expenses of elementary and secondary school teachers (allowed whether or not the taxpayer itemizes other deductions); (2) make such deduction permanent; and (3) expand such deduction to include expenses for professional development and expenses related to the initial certification of qualified science, technology, engineering, or math teachers. | billsum_train |
Make a summary of the following text: That this Act may be
cited as the ``Intergovernmental Mandate Relief Act of 1993''.
findings and purpose
Sec. 2. (a) The Congress finds and declares that--
(1) Federal regulation of State and local governments has
become increasingly extensive and intrusive in recent years;
(2) such regulation has, in many instances, adversely
affected the ability of State and local governments to achieve
their independent responsibilities; and
(3) such excessive fiscal burdens also undermine the
attainment of the goals of Federal regulations.
(b) Therefore, it is the purpose of this Act to establish
procedures to assure that the Federal Government pays the total amount
of additional direct costs incurred by State and local governments in
complying with any intergovernmental regulation which takes effect on
or after the date of enactment of this Act.
definitions
Sec. 3. For purposes of this Act, the term--
(1) ``additional direct costs'' means the amount of costs
incurred by a State or local government solely in complying
with an intergovernmental regulation promulgated pursuant to a
Federal law concerning a particular activity which is in excess
of the amount that such State or local government would be
required to expend in carrying out such activity in the absence
of such law, except that such term does not include any amount
which a State or local government is required by law to
contribute as a non-Federal share under a Federal assistance
program;
(2) ``Director'' means the Director of the Congressional
Budget Office;
(3) ``Federal agency'' has the meaning given to the term
``executive agency'' in section 6501(3) of title 31, United
States Code;
(4) ``Federal assistance'' means any assistance provided by
a Federal agency to State and local governments or other
recipients, in the form of grants, loans, loan guarantees,
property, cooperative agreements, or technical assistance,
except that such term does not include direct cash assistance
to individuals, contracts for the procurement of goods or
services for the United States, or insurance;
(5) ``Intergovernmental regulation'' means a regulation
promulgated by a Federal agency that requires a State or local
government to take certain actions or requires a State or local
government to comply with certain specified conditions in order
to receive or continue to receive Federal assistance and which
requires the termination or reduction of such assistance if
such government fails to comply with such conditions;
(6) ``local government'' has the same meaning as in section
6501(6) of title 31, United States Code;
(7) ``significant law'' means any Federal law which is
likely, in the judgment of the Director, to result in total
additional direct costs to all State and local governments of
$25,000,000 or more in any fiscal year, or is likely to have
exceptional fiscal consequences for a geographic region or a
particular level of government; and
(8) ``State'' means each of the several States, the
District of Columbia, Guam, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, the Virgin
Islands, American Samoa, and the Trust Territory of the Pacific
Islands.
compensation of state and local governments for additional direct costs
Sec. 4. (a) Except as provided in subsection (b), a Federal agency
or a court of the United States shall not require State governments or
local governments to comply, in any fiscal year, with any
intergovernmental regulation which--
(1) takes effect on or after the date of enactment of this
Act; and
(2) is promulgated pursuant to a significant law, unless
provisions of law have been enacted which provide a sufficient
amount of funds for such fiscal year to reimburse such
governments for the total amount of additional direct costs
that will be incurred by such governments in complying with
such regulation during such fiscal year.
(b)(1) Notwithstanding subsection (a), a Federal agency or a court
of the United States may require State and local governments to comply
with an intergovernmental regulation to which subsection (a) applies
and which will be in effect during a fiscal year if, with respect to
such intergovernmental regulation and such fiscal year, a joint
resolution described in paragraph (2) is enacted by a two-thirds vote
of the Members of each House of Congress, duly chosen and sworn.
(2) A joint resolution referred to in paragraph (1) is a joint
resolution which, with respect to an intergovernmental regulation that
will be in effect during a fiscal year, waives the provisions of
subsection (a) that require that provisions of law be enacted to
provide a sufficient amount of funds for such fiscal year to reimburse
State and local governments for the total amount of additional direct
costs that will be incurred by such governments in complying with such
regulation during such fiscal year.
(c) For purposes of this section, the total amount of additional
direct costs that will be incurred by State governments and local
governments in complying with an intergovernmental regulation in any
fiscal year shall be the total amount of such costs for such regulation
estimated by the Director for such fiscal year in the report required
under section 5 for such fiscal year.
report by the director
Sec. 5. (a) For each fiscal year in which an intergovernmental
regulation promulgated pursuant to a significant law will be in effect,
the Director shall prepare and transmit to the President and the
Congress a report specifying, for each such intergovernmental
regulation and with respect to such fiscal year and the fiscal year
succeeding such fiscal year--
(1) an estimate of the total amount of additional direct
costs that will be incurred by all State governments and local
governments in complying with such intergovernmental regulation
in each such fiscal year; and
(2) an estimate, for each such intergovernmental
regulation, of--
(A) the total amount of additional direct costs
that have been incurred or will be incurred in each
such fiscal year by the government of each State and
all local governments in such State in complying with
such regulation in each such fiscal year; and
(B) the ratio (stated as a percentage) which the
total amount of additional direct costs that have been
incurred or will be incurred by all local governments
in a State in complying with such regulation in each
such fiscal year bears to the total amount of
additional direct costs that have been incurred or will
be incurred by the government of such State and all
local governments in such State in complying with such
regulation in such fiscal year.
(b) The Director shall transmit each report required by subsection
(a) for a fiscal year to the President and the Congress by September 1
of the fiscal year preceding such fiscal year.
certain legislative action required
Sec. 6. (a) For each fiscal year in which an intergovernmental
regulation promulgated pursuant to a significant law will be in effect,
the chairman of the committees of the Senate and of the House of
Representatives having legislative jurisdiction over such significant
law shall propose, to an appropriate bill or resolution providing funds
for such fiscal year, an amendment containing provisions to appropriate
funds to reimburse State governments and local governments for the
additional direct costs incurred in complying with such regulation. The
amount of funds proposed to be appropriated by such amendment shall be
equal to or in excess of the amount described in section 4(a).
(b) Subsection (a) does not apply with respect to an
intergovernmental regulation which will be in effect during a fiscal
year if, with respect to such intergovernmental regulation and such
fiscal year, a joint resolution has been enacted in accordance with
section 4(b).
payment of reimbursements
Sec. 7. (a)(1) The head of each Federal agency which administers an
intergovernmental regulation promulgated pursuant to a significant law
shall pay to each State government in each fiscal year the amount
determined pursuant to this section to reimburse the State government
and local governments in the State for the additional direct costs
incurred by such governments in complying with such regulation in such
fiscal year.
(2) A State government which receives payments under this section
for reimbursement for additional direct costs incurred in complying
with an intergovernmental regulation in any fiscal year shall pay to
each local government in the State the amount determined pursuant to
this section to reimburse such local government for the additional
direct costs incurred by such local government in complying with such
regulation in such fiscal year.
(b) The total amount to be paid to a State to reimburse the
government of the State and local governments in the State for
additional direct costs incurred by such governments in complying with
an intergovernmental regulation in any fiscal year shall be an amount
which bears the same ratio to the total amount for reimbursement of
additional direct costs for all State governments and local governments
described in section 4(a) with respect to such regulation for such
fiscal year as the total amount of additional direct costs with respect
to such regulation specified under section 5(a)(2)(A) for such State
government and local governments in such State for such fiscal year in
the report submitted by the Director under section 5 for such fiscal
year bears to the total amount of additional direct costs with respect
to such regulation which are specified under section 5(a)(1) in such
report for all State governments and all local governments for such
fiscal year.
(c)(1) The total amount to be paid by a State government to local
governments in such State to reimburse such governments for additional
direct costs incurred by such governments in complying with an
intergovernmental regulation in any fiscal year shall be equal to the
product of the amount paid to the State under subsection (b) for such
fiscal year multiplied by the ratio specified by the Director for such
State under section 5(a)(2)(B) with respect to such regulation for such
fiscal year in the report submitted by the Director under section 5 for
such fiscal year.
(2)(A) A State government which receives payments under this
section to reimburse local governments in the State for the additional
direct costs incurred by such governments in complying with an
intergovernmental regulation in any fiscal year shall pay to each such
local government an amount equal to the product of--
(i) the total amount determined under paragraph (1) with
respect to such regulation for such fiscal year, multiplied by
(ii) the ratio (stated as a percentage and estimated by the
State in accordance with subparagraph (B)) that the total
amount of additional direct costs incurred by such local
government in complying with such regulation in such fiscal
year bears to the total amount of additional direct costs
incurred by all local governments in such State in complying
with such regulation in such fiscal year.
(B) Each State government which receives payments under this
section for any fiscal year shall provide by law for the estimation of
the amount of additional direct costs incurred by each local government
in such State in complying with an intergovernmental regulation for
which such payments are received. In providing for the estimation of
such costs, the State shall establish procedures and methods for the
estimation of such costs which are reasonably related to the actual
additional direct costs incurred by such governments in complying with
such regulation in such fiscal year.
(d) This section does not apply with respect to an
intergovernmental regulation which will be in effect during a fiscal
year if, with respect to such intergovernmental regulation and such
fiscal year, a joint resolution has been enacted in accordance with
section 4(b).
effect of subsequent enactments
Sec 8. No law enacted after the date of enactment of this Act shall
supersede the provisions of this Act unless such law does so in
specific terms, referring to this Act and declares that such law
supersedes the provisions of this Act.
miscellaneous
Sec. 9. Section 403(c) of the Congressional Budget Act of 1974 is
amended by striking out ``$200,000,000'' and inserting in lieu thereof
``$100,000,000''. | Intergovernmental Mandate Relief Act of 1993 - Prohibits a Federal agency or court from requiring compliance in any fiscal year by State or local governments with any intergovernmental regulation unless provisions of law have been enacted which compensate such governments for additional direct costs incurred by such compliance. Declares that the compensation requirement may be waived by the enactment of a joint resolution of the Congress.
Requires the Director of the Congressional Budget Office (CBO) to estimate such additional direct costs and include such estimates in annual reports to the President and the Congress.
Requires congressional committees to propose amendments to significant laws for which regulations will be promulgated containing provisions to compensate State and local governments for additional direct costs of complying with any intergovernmental regulation which takes effect on or after enactment of this Act.
Establishes procedures for Federal agencies to reimburse State governments for additional direct costs and for State governments to reimburse local governments for such costs.
Amends the Congressional Budget Act of 1974 to require CBO to prepare cost estimates for bills or resolutions which are likely to cost State and local governments $100 million (currently, $200 million) or more annually. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fentanyl and Heroin Task Force
Act''.
SEC. 2. FENTANYL AND HEROIN TASK FORCE.
(a) Amendment To Establish Task Force.--The Controlled Substances
Act (21 U.S.C. 801 et seq.) is amended by inserting after section 520
the following new section:
``SEC. 521. FENTANYL AND HEROIN TASK FORCE.
``(a) Inter-Agency Task Force.--Not more than one year after the
date of enactment of this section, the Attorney General shall establish
a task force to be known as the `Fentanyl and Heroin Inter-Agency Task
Force' (in this section referred to as the `Task Force').
``(b) Duties.--The Task Force shall--
``(1) coordinate Federal agency efforts to identify,
target, and dismantle organizations that traffic fentanyl or
heroin;
``(2) identify sources of fentanyl and heroin production
and distribution; and
``(3) provide to Federal, State, and local law enforcement
agencies--
``(A) a description of best practices with respect
to handling and disposal of fentanyl;
``(B) as necessary, updated information about
efforts to identify, target, and dismantle
organizations that traffic fentanyl or heroin; and
``(C) operational and investigative support with
respect to efforts to identify, target, and dismantle
organizations that traffic fentanyl or heroin.
``(c) Semiannual Report.--
``(1) Timing.--Not later than one year after the date of
the establishment of the Task Force, and semiannually
thereafter, the Task Force shall submit to Congress a report
containing the information described in paragraph (2).
``(2) Content.--A report under paragraph (1) shall
include--
``(A) a description of the status of fentanyl and
heroin trafficking within the United States during the
previous six-month period;
``(B) a summary of Federal, State, and local
efforts to eradicate fentanyl and heroin trafficking
and an evaluation of the efficacy of those efforts; and
``(C) recommendations of the Task Force with
respect to any authorizations by Congress that would
enable the Task Force to carry out the duties under
subsection (b).
``(d) Membership.--
``(1) Composition.--The Task Force shall include a
chairperson and representatives selected by the heads of the
following Federal entities--
``(A) Customs and Border Protection;
``(B) the Drug Enforcement Administration;
``(C) the Federal Bureau of Investigation;
``(D) Immigration and Customs Enforcement Homeland
Security Investigations;
``(E) the International Trade Administration;
``(F) the Internal Revenue Service;
``(G) the Office of National Drug Control Policy;
``(H) the United States Postal Inspection Service;
and
``(I) not more than two additional Federal agencies
selected by the Attorney General.
``(2) Chairperson.--The Attorney General shall appoint the
chairperson of the Task Force.
``(3) Term of membership.--Members of the Task Force shall
serve until the head of the respective entity of the member
appoints a new representative to the Task Force. The
chairperson shall serve until the Attorney General appoints a
new chairperson.
``(4) Member pay.--Members of the Task Force may not
receive additional pay, allowances, or benefits by reason of
their service on the Task Force.
``(e) Operating Rules and Procedures.--
``(1) Voting.--Each member of the Task Force shall have one
vote.
``(2) Rules and procedures.--Any member of the Task Force
may propose to create or alter existing operating rules and
procedures consistent with the functions of the Task Force. Any
change to the operating rules and procedures shall be adopted
only upon a majority vote of the Task Force.
``(3) Recommendations.--The Task Force shall adopt
recommendations under subsection (c)(2)(C) only upon a majority
vote of the board.
``(4) Quorum.--Six members of the Task Force shall
constitute a quorum but a lesser number may hold meetings.
``(f) Director and Staff.--
``(1) Director.--The Task Force may appoint and set the pay
of a director.
``(2) Staff.--The director may appoint not more than 10
staff personnel as the director considers appropriate.
``(3) Applicability of certain civil service laws.--The
staff of the Task Force 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.
``(4) Experts and consultants.--The Task Force and the
director, acting with the approval of the Task Force, may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(5) Staff of federal agencies.--Upon the request of the
director, 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 Task Force to assist it in carrying
out its duties under this section.
``(g) Powers of the Task Force.--
``(1) Hearings and sessions.--The Task Force may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Task Force considers appropriate.
``(2) Powers of members and agents.--Any member or agent of
the Task Force may, if authorized by the Task Force, take any
action which the Task Force is authorized to take by this
section.
``(3) Obtaining official data.--Subject to applicable
privacy laws and regulations, the Task Force may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the chairperson of the Task Force, the head of
that department or agency shall furnish that information to the
Task Force.
``(4) Mails.--The Task Force may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the United States.
``(5) Administrative support services.--Upon the request of
the Task Force, the Administrator of General Services shall
provide to the Task Force, on a reimbursable basis, the
administrative support services necessary for the Task Force to
carry out its duties under this section.
``(6) Contract authority.--To the extent or in the amounts
provided in advance in appropriation Acts, the Task Force may
contract with and compensate government and private agencies or
persons for services necessary to carry out its duties under
this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for the period of fiscal years 2019 through
2024 to carry out this section.
``(i) Definitions.--For the purposes of this section:
``(1) Fentanyl.--The term `fentanyl' includes any
controlled substance analogue of fentanyl.
``(2) Heroin.--The term `heroin' includes any controlled
substance analogue of heroin.''.
(b) Amendment to Table of Contents.--The table of contents for the
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding
after the item relating to section 520 the following:
``Sec. 521. Fentanyl and Heroin Task Force.''. | Fentanyl and Heroin Task Force Act This bill amends the Controlled Substances Act to establish the Fentanyl and Heroin Inter-Agency Task Force: (1) to coordinate federal efforts to identify, target, and dismantle organizations that traffic fentanyl or heroin; (2) to identify sources of fentanyl and heroin production and distribution; and (3) to provide best practices, updated information, and support to federal, state, and local law enforcement agencies. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 3. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 4. Application of revised rate of insured unemployment.
Sec. 5. Additional TEUC extended benefit period trigger.
Sec. 6. Additional weeks of benefits for workers in high unemployment
States.
Sec. 7. Effective date.
SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 of the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 30) is amended to read as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2003.
``(b) Transition.--In the case of an individual who is receiving
temporary emergency unemployment compensation for the week which
immediately precedes July 1, 2003, temporary emergency unemployment
compensation shall continue to be payable to such individual for any
week thereafter from the account from which such individual received
compensation for the week which includes such termination date. No
compensation shall be payable by reason of the preceding sentence for
any week beginning after October 14, 2003.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21).
SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
Paragraph (1) of section 203(b) of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21) is amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
SEC. 4. APPLICATION OF REVISED RATE OF INSURED UNEMPLOYMENT.
Section 207 of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 116 Stat. 21) is amended--
(1) by striking ``In this title, the terms'' and inserting
the following: ``In this title:
``(1) General definitions.--The terms''; and
(2) by adding at the end the following new paragraph:
``(2) Adjusted insured unemployment rate.--For weeks of
unemployment beginning on or after the date of enactment of the
Emergency Unemployment Compensation Act of 2002, the term `rate
of insured unemployment' has the meaning given that term in
section 203(e)(1) of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note), except that
individuals exhausting their right to regular compensation
during the most recent 3 calendar months for which data are
available before the close of the period for which such rate is
being determined shall be taken into account as if they were
individuals filing claims for regular compensation for each
week during the period for which such rate is being
determined.''.
SEC. 5. ADDITIONAL TEUC EXTENDED BENEFIT PERIOD TRIGGER.
(a) In General.--Section 203(c) of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21) is amended by adding at the end the following new paragraph:
``(3) Additional extended benefit period trigger.--
``(A) In general.--Effective with respect to
compensation for weeks of unemployment beginning on or
after the date of enactment of the Emergency
Unemployment Compensation Act of 2002, an agreement
under this title shall provide that, in addition to any
other extended benefit period trigger, for purposes of
beginning or ending any extended benefit period under
this section--
``(i) there is a State `on' indicator for a
week if--
``(I) the average rate of total
unemployment in such State (seasonally
adjusted) for the period consisting of
the most recent 3 months for which data
for all States are published before the
close of such week equals or exceeds 6
percent; and
``(II) the average rate of total
unemployment in such State (seasonally
adjusted) for the 3-month period
referred to in clause (i) equals or
exceeds 110 percent of such average
rate for either (or both) of the
corresponding 3-month periods ending in
the 2 preceding calendar years; and
``(ii) there is a State `off' indicator for
a week if either the requirements of subclause
(I) or (II) of clause (i) are not satisfied.
``(B) No effect on other determinations.--
Notwithstanding the provisions of any agreement
described in subparagraph (A), any week for which there
would otherwise be a State `on' indicator shall
continue to be such a week and shall not be determined
to be a week for which there is a State `off'
indicator.
``(C) Determinations made by the secretary.--For
purposes of this subsection, determinations of the rate
of total unemployment in any State for any period (and
of any seasonal adjustment) shall be made by the
Secretary.''.
(b) Conforming Amendment.--Section 203(c)(1) of the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 21) is amended by inserting ``or (3)'' after ``paragraph (2)''.
SEC. 6. ADDITIONAL WEEKS OF BENEFITS FOR WORKERS IN HIGH UNEMPLOYMENT
STATES.
Section 203(c)(1) of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended
by striking ``an amount equal to the amount originally established in
such account (as determined under subsection (b)(1))'' and inserting
``7 times the individual's weekly benefit amount for the benefit
year''.
SEC. 7. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall apply with respect to weeks of unemployment beginning on
or after the date of enactment this Act. | Emergency Unemployment Compensation Act of 2002 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA, which is title II of the Job Creation and Worker Assistance Act of 2002, PL107-147) to extend the TEUCA program through weeks of unemployment ending before July 1, 2003 (currently January 1, 2003).Entitles eligible individuals in all States to a total of 26 weeks of TEUCA compensation (13 weeks beyond the current 13 weeks).Provides an additional seven weeks of TEUCA benefits for workers in high unemployment States (entitling them to a total of 33, which is 20 weeks beyond the current 13).Applies a revised adjusted insured unemployment rate State trigger. Sets an additional TEUCA benefit period State trigger based on total unemployment rate. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canyon Ferry Recreation, Tourism,
and Economic Development Management Act''.
SEC. 2. FINDINGS.
Congress finds and declares that--
(1) there is a Federal responsibility to provide
opportunities for public recreation, tourism, and economic
development at Federal water projects, in partnership with
other Federal and non-Federal interests;
(2) certain provisions of the Federal Water Project
Recreation Act (Public Law 89-72 as amended) unduly restrict
the management of the Canyon Ferry Recreation Management Area
because the provisions do not allow for the increasing economic
burden that construction and management of recreational
facilities are placing on managing entities, especially at the
State and local levels;
(3) non-Federal responsibility for a significant portion of
all costs of operation, maintenance, and replacement of
facilities on Federal lands at the Canyon Ferry Recreation
Management Area as well as total management responsibility is
an unfair burden on non-Federal managers, especially in
instances where the facilities are old, underdesigned, do not
provide adequate access for the disabled, and are utilized by
national and international publics, and responsibilities for
complex fisheries reservoir management and for wildlife and
wetlands management have been borne solely by the non-Federal
entities, further increasing the overall management burden; and
(4) the recreational, tourism, and economic development
needs at the Canyon Ferry Recreation Area can best be met
through cooperative management efforts by the Bureau of
Reclamation, the Bureau of Land Management, the State of
Montana, and other appropriate entities.
SEC. 3. COOPERATIVE AGREEMENTS.
(a) Authorization.--The Secretary of the Interior (hereafter in
this Act referred to as the ``Secretary''), acting through the Bureau
of Reclamation and the Bureau of Land Management, may enter into such
agreements as are necessary to carry out the purposes of this Act.
(b) Contents of Agreements.--Any management agreement entered into
under this Act shall provide that the management responsibilities given
to the Bureau of Land Management for lands withdrawn or acquired for
reclamation purposes shall be accomplished in accordance with the
statutory authority generally exercised by the Bureau of Land
Management in the management of the public lands.
SEC. 4. PROTECTION OF AUTHORIZED PURPOSES OF RECLAMATION PROJECTS.
(a) No Alteration of Purposes of Canyon Ferry Unit.--Nothing in
this Act is intended to change, modify, or expand the authorized
purposes of the Canyon Ferry Unit.
(b) Original Purpose of Canyon Ferry Dam and Reservoir
Unaffected.--Nothing in this Act shall change the responsibility of the
Bureau of Reclamation to meet the needs for which the Canyon Ferry Dam
and Reservoir were originally constructed.
(c) No Authorization to Affect Water Supply.--This Act is not
intended to authorize any action or inaction by any person, including
any person who has contracted for the water supply from a reclamation
project, that reduces the quantity, or modifies the time and manner of
availability, of the water supply from the Canyon Ferry Unit to project
beneficiaries.
SEC. 5. MANAGEMENT.
(a) Management Under the Plan.--The Secretary shall manage all
lands and facilities in the area associated with recreation, tourism,
and related economic development pursuant to the Canyon Ferry Resources
Management Plan, of 1993, and any amendments thereto.
(b) Exemption From Provisions of the Federal Water Project
Recreation Act.--Provisions of the Federal Water Project Recreation Act
(16 U.S.C. 4601-12) that limit or prescribe costs that may be incurred
by Federal and non-Federal entities for recreation planning,
management, or facilities, or that require non-Federal management of
recreation facilities or programs do not apply to the Area.
(c) Recreation User Fees.--All recreation user fees collected from
the Canyon Ferry Recreation Area by the managing agency(ies) shall be
retained by the managing agency(ies) and used exclusively to fund the
operation, maintenance, and development of the Canyon Ferry Recreation
Area for recreation, tourism, and economic development. Fees collected
for cabin site permits, concession operations, entrance fees, and other
special use fees are all considered to be recreation user fees.
(d) Contents of Agreement.--The cooperative agreements shall
provide that the responsibilities given to the Bureau of Land
Management for the area will be carried out in accordance with the
statutory authority generally exercised by the Bureau of Land
Management in the management of the public lands.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, to remain available until expended.
Especially critical are the first 10 years of the interagency project
management agreement when major management, maintenance, replacement,
and construction must occur. | Canyon Ferry Recreation, Tourism, and Economic Development Management Act - Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation (BOR) and the Bureau of Land Management (BLM), to enter into cooperative management agreements necessary to manage the Canyon Ferry Recreation Area, Montana.
Directs that such management agreement provide that the management responsibilities given to the BLM for lands withdrawn or acquired for reclamation purposes shall be accomplished in accordance with the statutory authority generally exercised by BLM in the management of public lands.
Directs the Secretary to manage all lands and facilities in the Area associated with recreation, tourism, and related economic development pursuant to the Canyon Ferry Resources Management Plan of 1993.
Provides that provisions of the Federal Water Project Recreation Act that limit or prescribe costs that may be incurred by Federal and non-Federal entities for recreation, planning, management, or facilities or that require non-Federal management of recreation facilities or programs shall not apply to the Area.
Requires all recreation user fees collected from the Area to be retained by the managing agencies and used exclusively to fund the operation, maintenance, and development of the Area for recreation, tourism, and economic development.
Authorizes appropriations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second-Stage Small Business
Development Act of 2006''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a 4-year pilot program to--
(1) identify second-stage small business concerns that have
the capacity for significant business growth and job creation;
(2) facilitate business growth and job creation by second-
stage small business concerns through the development of peer
learning opportunities;
(3) utilize the network of small business development
centers to expand access to peer learning opportunities for
second-stage small business concerns; and
(4) assist businesses owned by minority individuals,
service-disabled veterans, and women.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Community college.--The term ``community college'' has
the meaning given that term in section 3301(3) of the Higher
Education Act of 1965 (20 U.S.C. 7011(3)).
(3) Eligible entities.--The term ``eligible entity'' means
an entity that--
(A) is eligible to receive funding under section 21
of the Small Business Act (15 U.S.C. 648); and
(B) submits to the Administrator an application
that includes--
(i) a plan to--
(I) offer peer learning
opportunities to second-stage small
business concerns; and
(II) transition to providing such
opportunities using non-governmental
funding; and
(ii) any other information and assurances
that the Administrator may require.
(4) Historically black college.--The term ``historically
Black college'' means a part B institution, as defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)).
(5) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given that term in
section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5)).
(6) Minority institution.--The term ``minority
institution'' has the meaning given that term in section 365(3)
of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)).
(7) Peer learning opportunities.--The term ``peer learning
opportunities'' means formally organized peer groups of owners,
presidents and chief executive officers in non-competing
second-stage business concerns, meeting regularly with a
professionally trained facilitator.
(8) Pilot program.--The term ``pilot program'' means the
program established under section 4(a).
(9) Second-stage small business concern.--The term
``second-stage small business concern'' means a small business
concern that--
(A) has experienced high growth demonstrated by--
(i) an average annual revenue or employee
growth rate of at least 15 percent during the
preceding 3 years; or
(ii) any 3 of the following:
(I) Owning proprietary intellectual
property.
(II) Addressing an underserved or
growing market.
(III) Having a sustainable
competitive advantage.
(IV) Exporting goods or services
outside of its community.
(V) Having a product or service
that is scalable to a large market.
(VI) Ownership by minority
individuals, service-disabled veterans,
or women; and
(B) does not exceed the size standard for the North
American Industrial Classification System code of such
concern, as established pursuant to section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
(10) Small business concern.--The term ``small business
concern'' has the meaning given that term under section 3 of
the Small Business Act (15 U.S.C. 632).
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
SEC. 4. PILOT PROGRAM.
(a) Establishment.--The Administrator shall establish and carry out
a pilot program to make grants to eligible entities for the development
of peer learning opportunities for second-stage small business concerns
in accordance with this Act.
(b) Selection of Grant Recipients.--
(1) In general.--The Administrator shall select 2 eligible
entities from each of the 10 regions described in paragraph (3)
to receive grants.
(2) Criteria for selection.--The Administrator shall
evaluate the plans described in section 3(3) submitted by
eligible entities and select eligible entities to receive
grants on the basis of the merit of such plans.
(3) Regions described.--The regions described in this
paragraph are as follows:
(A) Region 1.--Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
(B) Region 2.--New York, New Jersey, Puerto Rico,
and the Virgin Islands.
(C) Region 3.--Pennsylvania, Maryland, West
Virginia, Virginia, the District of Columbia, and
Delaware.
(D) Region 4.--Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
(E) Region 5.--Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
(F) Region 6.--Texas, New Mexico, Arkansas,
Oklahoma, and Louisiana.
(G) Region 7.--Missouri, Iowa, Nebraska, and
Kansas.
(H) Region 8.--Colorado, Wyoming, North Dakota,
South Dakota, Montana, and Utah.
(I) Region 9.--California, Guam, Hawaii, Nevada,
Arizona, and American Samoa.
(J) Region 10.--Washington, Alaska, Idaho, and
Oregon.
(4) Consultation.--If small business development centers
have formed an association to pursue matters of common concern
as authorized under section 21(a)(3)(A) of the Small Business
Act (15 U.S.C. 648(a)(3)(A)), the Administrator shall consult
with such association and give substantial weight to the
recommendations of such association in selecting the grant
recipients.
(5) Deadline for initial selections.--The Administrator
shall make selections under paragraph (1) not later than 60
days after the promulgation of regulations under section 5.
(c) Use of Funds.--An eligible entity that receives a grant under
the pilot program shall use the grant to--
(1) identify second-stage small business concerns in the
service delivery areas of the eligible entity; and
(2) establish and conduct peer learning opportunities for
such second-stage small business concerns.
(d) Amount of Grant.--
(1) In general.--Except as provided in paragraph (2), a
grant under the pilot program shall be in an amount that does
not exceed the product obtained by multiplying--
(A) the amount made available for grants under the
pilot program for the fiscal year for which the grant
is made; and
(B) the ratio that the population of the State in
which the eligible entity is located bears to the
aggregate population the States in which eligible
entities receiving grants for that fiscal year are
located.
(2) Minimum amount of grant.--A grant under the pilot
program shall be in an amount not less than $50,000.
(e) Matching Requirement.--As a condition of a grant under the
pilot program, the Administrator shall require that a matching amount
be provided from sources other than the Federal Government that--
(1) is equal to the amount of the grant, or in the case of
an eligible entity that is a community college, historically
Black college, Hispanic-serving institution, or other minority
institution, is equal to 50 percent of the amount of the grant;
(2) is not less than 50 percent cash;
(3) is not more than 50 percent comprised of indirect costs
and in-kind contributions; and
(4) does not include any indirect cost or in-kind
contribution derived from any Federal program.
(f) Quarterly Report to Administrator.--
(1) In general.--Each eligible entity that receives a grant
under the pilot program shall submit to the Administrator a
quarterly report that includes--
(A) a summary of the peer learning opportunities
established by the eligible entity using grant funds;
(B) the number of second-stage small business
concerns assisted using grant funds; and
(C) in the case of an eligible entity that receives
a grant for a second fiscal year or any subsequent
fiscal year--
(i) any measurable economic impact data
resulting from the peer learning opportunities
established using grant funds; and
(ii) the number of peer learning
opportunities established by the eligible
entity that have transitioned from operating
using Government funds to operating without
using Government funds.
(2) Form of report.--The report required under paragraph
(1) shall be transmitted in electronic form.
(g) Data Repository and Clearinghouse.--In carrying out the pilot
program, the Administrator shall act as the repository of and
clearinghouse for data and information submitted by the eligible
entities.
(h) Annual Report on Pilot Program.--Not later than November 1 of
each year, the Administrator shall submit to the President and to
Congress, a report evaluating the success of the pilot program during
the preceding fiscal year, which shall include the following:
(1) A description of the types of peer learning
opportunities provided with grant funds.
(2) The number of second-stage small business concerns
assisted with grant funds.
(3) For fiscal year 2007 and each subsequent fiscal year of
the pilot program--
(A) data regarding the economic impact of the peer
learning opportunities provided with grant funds; and
(B) the number of peer learning opportunities
established by grant recipients that have transitioned
from operating using Government funds to operating
without using Government funds.
(i) Privacy Requirement.--
(1) In general.--A small business development center,
consortium of small business development centers, or contractor
or agent of a small business development center shall not
disclose the name, address, or telephone number of any
individual or small business concern receiving assistance under
this section without the consent of such individual or small
business concern, unless--
(A) the Administrator is ordered to make such a
disclosure by a court in any civil or criminal
enforcement action initiated by a Federal or State
agency; or
(B) the Administrator considers such a disclosure
to be necessary for the purpose of conducting a
financial audit of a small business development center,
but a disclosure under this subparagraph shall be
limited to the information necessary for such audit.
(2) Administrator use of information.--The privacy
requirement under this subsection shall not--
(A) restrict Administrator access to program
activity data; or
(B) prevent the Administrator from using client
information to conduct client surveys.
(j) Evaluation and Report.--Not later than 3 years after the
establishment of the pilot program, the Comptroller General of the
United States shall--
(1) conduct an evaluation of the pilot program; and
(2) transmit to Congress and the Administrator a report
containing the results of such evaluation along with any
recommendations as to whether the pilot program, with or
without modification, should be extended to include the
participation of all small business development centers.
(k) Termination.--The pilot program shall terminate on September
30, 2010.
SEC. 5. REGULATIONS.
After providing notice and an opportunity for comment and after
consulting with the association described in section 4(b)(5) (if any
such association has been formed), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) standards relating to the establishment and conduct of
peer learning opportunities to be provided by grant recipients,
including the number of individuals that may participate in a
peer group that is part of a peer learning opportunity;
(2) standards relating to the educational, technical, and
professional competency of any facilitator who delivers peer
learning opportunities under the pilot program; and
(3) requirements for transitioning peer learning
opportunities funded under the pilot program to non-
governmental funding.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act, $1,500,000 for each of fiscal years 2007 through 2010.
(b) Limitation on Use of Other Funds.--The Administrator shall
carry out this Act using only amounts appropriated in advance
specifically for the purpose of carrying out this Act. | Second-Stage Small Business Development Act of 2006 - Directs the Administrator of the Small Business Administration (SBA) to carry out a four-year pilot program to make grants to eligible entities for the development of peer learning opportunities for second-stage small businesses. Defines a "second-stage small business concern" as one that: (1) has experienced high growth in specified demonstrable ways; and (2) does not exceed the size standard for the North American Industrial Classification System code of such concern. Provides a minimum grant amount of $50,000. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``White Clay Creek Wild and Scenic
Rivers System Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 102-215 (105 Stat. 1664) directed the Secretary
of the Interior, in cooperation and consultation with appropriate
State and local governments and affected landowners, to conduct a
study of the eligibility and suitability of White Clay Creek,
Delaware and Pennsylvania, and the tributaries of the creek for
inclusion in the National Wild and Scenic Rivers System;
(2) as a part of the study described in paragraph (1), the
White Clay Creek Wild and Scenic Study Task Force and the National
Park Service prepared a watershed management plan for the study
area entitled ``White Clay Creek and Its Tributaries Watershed
Management Plan'', dated May 1998, that establishes goals and
actions to ensure the long-term protection of the outstanding
values of, and compatible management of land and water resources
associated with, the watershed; and
(3) after completion of the study described in paragraph (1),
Chester County, Pennsylvania, New Castle County, Delaware, Newark,
Delaware, and 12 Pennsylvania municipalities located within the
watershed boundaries passed resolutions that--
(A) expressed support for the White Clay Creek Watershed
Management Plan;
(B) expressed agreement to take action to implement the
goals of the Plan; and
(C) endorsed the designation of the White Clay Creek and
the tributaries of the creek for inclusion in the National Wild
and Scenic Rivers System.
SEC. 3. DESIGNATION OF WHITE CLAY CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles
of river segments of White Clay Creek (including tributaries of White
Clay Creek and all second order tributaries of the designated segments)
in the States of Delaware and Pennsylvania, as depicted on the
recommended designation and classification maps (dated June 2000), to
be administered by the Secretary of the Interior, as follows:
``(A) 30.8 miles of the east branch, including Trout Run,
beginning at the headwaters within West Marlborough township
downstream to a point that is 500 feet north of the Borough of
Avondale wastewater treatment facility, as a recreational river.
``(B) 15.0 miles of the east branch beginning at the southern
boundary line of the Borough of Avondale to a point where the East
Branch enters New Garden Township at the Franklin Township boundary
line, including Walnut Run and Broad Run outside the boundaries of
the White Clay Creek Preserve, as a recreational river.
``(C) 4.0 miles of the east branch that flow through the
boundaries of the White Clay Creek Preserve, Pennsylvania,
beginning at the northern boundary line of London Britain township
and downstream to the confluence of the middle and east branches,
as a scenic river.
``(D) 6.8 miles of the middle branch, beginning at the
headwaters within Londonderry township downstream to a point that
is 500 feet north of the Borough of West Grove wastewater treatment
facility, as a recreational river.
``(E) 14 miles of the middle branch, beginning at a point that
is 500 feet south of the Borough of West Grove wastewater treatment
facility downstream to the boundary of the White Clay Creek
Preserve in London Britain township, as a recreational river.
``(F) 2.1 miles of the middle branch that flow within the
boundaries of the White Clay Creek Preserve in London Britain
township, as a scenic river.
``(G) 17.2 miles of the west branch, beginning at the
headwaters within Penn township downstream to the confluence with
the middle branch, as a recreational river.
``(H) 12.7 miles of the main stem, excluding Lamborn Run, that
flow through the boundaries of the White Clay Creek Preserve,
Pennsylvania and Delaware, and White Clay Creek State Park,
Delaware, beginning at the confluence of the east and middle
branches in London Britain township, Pennsylvania, downstream to
the northern boundary line of the city of Newark, Delaware, as a
scenic river.
``(I) 5.4 miles of the main stem (including all second order
tributaries outside the boundaries of the White Clay Creek Preserve
and White Clay Creek State Park), beginning at the confluence of
the east and middle branches in London Britain township,
Pennsylvania, downstream to the northern boundary of the city of
Newark, Delaware, as a recreational river.
``(J) 16.8 miles of the main stem beginning at Paper Mill Road
downstream to the Old Route 4 bridge, as a recreational river.
``(K) 4.4 miles of the main stem beginning at the southern
boundary of the property of the corporation known as United Water
Delaware downstream to the confluence of White Clay Creek with the
Christina River, as a recreational river.
``(L) 1.3 miles of Middle Run outside the boundaries of the
Middle Run Natural Area, as a recreational river.
``(M) 5.2 miles of Middle Run that flow within the boundaries
of the Middle Run Natural Area, as a scenic river.
``(N) 15.6 miles of Pike Creek, as a recreational river.
``(O) 38.7 miles of Mill Creek, as a recreational river.''.
SEC. 4. BOUNDARIES.
With respect to each of the segments of White Clay Creek and its
tributaries designated by the amendment made by section 3, in lieu of
the boundaries provided for in section 3(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be
250 feet as measured from the ordinary high water mark on both sides of
the segment.
SEC. 5. ADMINISTRATION.
(a) By Secretary of the Interior.--The segments designated by the
amendment made by section 3 shall be administered by the Secretary of
the Interior (referred to in this Act as the ``Secretary''), in
cooperation with the White Clay Creek Watershed Management Committee as
provided for in the plan prepared by the White Clay Creek Wild and
Scenic Study Task Force and the National Park Service, entitled ``White
Clay Creek and Its Tributaries Watershed Management Plan'' and dated
May 1998 (referred to in this Act as the ``Management Plan'').
(b) Requirement for Comprehensive Management Plan.--The Management
Plan shall be considered to satisfy the requirements for a
comprehensive management plan under section 3(d) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(d)).
(c) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the segments designated by
the amendment made by section 3, the Secretary shall offer to enter
into a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of
the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the
White Clay Creek Watershed Management Committee as provided for in the
Management Plan.
SEC. 6. FEDERAL ROLE IN MANAGEMENT.
(a) In General.--The Director of the National Park Service (or a
designee) shall represent the Secretary in the implementation of the
Management Plan, this Act, and the Wild and Scenic Rivers Act with
respect to each of the segments designated by the amendment made by
section 3, including the review, required under section 7(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed federally-
assisted water resources projects that could have a direct and adverse
effect on the values for which the segment is designated.
(b) Assistance.--To assist in the implementation of the Management
Plan, this Act, and the Wild and Scenic Rivers Act with respect to each
of the segments designated by the amendment made by section 3, the
Secretary may provide technical assistance, staff support, and funding
at a cost to the Federal Government in an amount, in the aggregate, of
not to exceed $150,000 for each fiscal year.
(c) Cooperative Agreements.--Any cooperative agreement entered into
under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)) relating to any of the segments designated by the amendment
made by section 3--
(1) shall be consistent with the Management Plan; and
(2) may include provisions for financial or other assistance
from the United States to facilitate the long-term protection,
conservation, and enhancement of the segments.
(d) National Park System.--Notwithstanding section 10(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a
segment designated by the amendment made by section 3 that is not in
the National Park System as of the date of the enactment of this Act
shall not, under this Act--
(1) be considered a part of the National Park System;
(2) be managed by the National Park Service; or
(3) be subject to laws (including regulations) that govern the
National Park System.
SEC. 7. STATE REQUIREMENTS.
State and local zoning laws and ordinances, as in effect on the
date of the enactment of this Act, shall be considered to satisfy the
standards and requirements under section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated
by the amendment made by section 3.
SEC. 8. NO LAND ACQUISITION.
The Federal Government shall not acquire, by any means, any right
or title in or to land, any easement, or any other interest along the
segments designated by the amendment made by section 3 for the purpose
of carrying out the amendment or this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the segments to be administered by the Secretary of the Interior, in cooperation with the White Clay Creek Watershed Management Committee pursuant to the plan prepared by the White Clay Creek Wild and Scenic Study Task Force and the National Park Service.
Deems the management plan to satisfy the Act's requirements for a comprehensive management plan.
Prohibits any portion of a segment designated by this Act that is not in the National Park System (NPS) as of the enactment of this Act from being: (1) considered a part of the NPS; (2) managed by the National Park Service; or (3) subject to NPS laws or regulations.
Bars the Federal Government from acquiring, by any means, any right or title in or to land, any easement, or any other interest for the purposes of carrying out this Act. | billsum_train |
Give a brief overview of the following text: SECTION 1. PHASE-IN OF FULL ESTATE TAX DEDUCTION FOR FAMILY-OWNED
BUSINESS INTERESTS.
(a) Phase-In.--
(1) In general.--Paragraph (2) of section 2057(a) of the
Internal Revenue Code of 1986 (relating to family-owned
business interests) is amended to read as follows:
``(2) Maximum deduction.--
``(A) In general.--The deduction allowed by this
section shall not exceed the sum of--
``(i) the applicable deduction amount, plus
``(ii) in the case of a decedent described
in subparagraph (C), the applicable unused
spousal deduction amount.
``(B) Applicable deduction amount.--For purposes of
subparagraph (A)(i), the applicable deduction amount is
determined in accordance with the following table:
``In the case of estates of The applicable deduction amount
decedents dying after-- is--
December 31, 2000............................. $2,375,000
December 31, 2001............................. $4,375,000
December 31, 2002............................. $6,375,000
December 31, 2003............................. $8,375,000
December 31, 2004............................. $9,375,000.
``(C) Applicable unused spousal deduction amount.--
With respect to a decedent whose immediately
predeceased spouse died after December 31, 2000, and
the estate of such immediately predeceased spouse met
the requirements of subsection (b)(1), the applicable
unused spousal deduction amount for such decedent is
equal to the excess of--
``(i) the applicable deduction amount
allowable under this section to the estate of
such immediately predeceased spouse, over
``(ii) the sum of--
``(I) the applicable deduction
amount allowed under this section to
the estate of such immediately
predeceased spouse, plus
``(II) the amount of any increase
in such estate's unified credit under
paragraph (3)(B) which was allowed to
such estate.''.
(2) Conforming amendments.--Section 2057(a)(3)(B) of such
Code (relating to coordination with unified credit) is
amended--
(A) by striking ``$675,000'' both places it appears
and inserting ``the applicable deduction amount'', and
(B) by striking ``$675,000'' in the heading and
inserting ``applicable deduction amount''.
(3) Effective date.--The amendments made by this subsection
shall apply to estates of decedents dying after December 31,
2000.
(b) Removal of Dollar Limitation.--
(1) In general.--Section 2057(a) of the Internal Revenue
Code of 1986 (relating to deduction for family-owned business
interests), as amended by subsection (a), is amended--
(A) by striking paragraphs (2), (3), and (4), and
(B) by striking ``General Rule.--'' and all that
follows through ``For purposes'' and inserting
``Allowance of Deduction.--For purposes''.
(2) Effective date.--The amendments made by this subsection
shall apply to estates of decedents dying after December 31,
2005.
SEC. 2. INCREASE IN AMOUNT OF UNIFIED CREDIT AGAINST ESTATE AND GIFT
TAXES.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount) is amended
to read as follows:
``(c) Applicable Credit Amount.--For purposes of this section--
``(1) In general.--The applicable credit amount is the
amount of the tentative tax which would be determined under the
rate schedule set forth in section 2001(c) if the amount with
respect to which such tentative tax is to be computed were
equal to the sum of--
``(A) the applicable exclusion amount, plus
``(B) in the case of a decedent described in
paragraph (3), the applicable unused spousal exclusion
amount.
``(2) Applicable exclusion amount.--For purposes of
paragraph (1)(A), the applicable exclusion amount is determined
in accordance with the following table:
``In the case of estates of decedents
The applicable
dying, and gifts made, during:
exclusion amount is:
2001 and 2002...................... $1,000,000
2003 and 2004...................... $1,125,000
2005............................... $1,500,000
2006 or thereafter................. $2,000,000.
``(3) Applicable unused spousal exclusion amount.--With
respect to a decedent whose immediately predeceased spouse died
after December 31, 2000, the applicable unused spousal
exclusion amount for such decedent is equal to the excess of--
``(A) the applicable exclusion amount allowable
under this section to the estate of such immediately
predeceased spouse, over
``(B) the applicable exclusion amount allowed under
this section to the estate of such immediately
predeceased spouse.''.
(b) Effective Date.--The amendment made by this section shall apply
to the estates of decedents dying, and gifts made, after December 31,
2000. | Amends the Internal Revenue Code to phase-in an increase in the maximum deduction allowed for purposes of the family-owned business estate rule to $9.375 million beginning January 1, 2005. Phases-in an increase in the unified credit against estate and gift taxes to $2 million by 2006. | billsum_train |
Change the following text into a summary: -S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.
-T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e
-`-`-S-t-e-r-l-i-n-g -F-o-r-e-s-t -a-n-d -N-e-w -J-e-r-s-e-y
-W-a-t-e-r-s-h-e-d -P-r-o-t-e-c-t-i-o-n -A-c-t -o-f -1-9-9-3-'-'-.
-S-E-C-. -2-. -L-A-N-D -A-C-Q-U-I-S-I-T-I-O-N-.
-(-a-) -A-u-t-h-o-r-i-z-a-t-i-o-n-.----T-h-e -P-a-l-i-s-a-d-e-s
-P-a-r-k -C-o-m-m-i-s-s-i-o-n -(-r-e-f-e-r-r-e-d -t-o -i-n -t-h-i-s
-A-c-t -a-s -t-h-e -`-`-C-o-m-m-i-s-s-i-o-n-'-'-) -i-s
-a-u-t-h-o-r-i-z-e-d -t-o -a-c-q-u-i-r-e -f-r-o-m -t-h-e
-S-t-e-r-l-i-n-g -F-o-r-e-s-t -C-o-r-p-o-r-a-t-i-o-n -a-n -o-p-e-n
-s-p-a-c-e -t-r-a-c-t -o-f -l-a-n-d -c-o-m-p-r-i-s-i-n-g -t-h-e
-S-t-e-r-l-i-n-g -F-o-r-e-s-t -a-r-e-a -o-f -t-h-e -N-e-w -Y-o-r-k-/
-N-e-w -J-e-r-s-e-y -H-i-g-h-l-a-n-d-s -R-e-g-i-o-n-.
-(-b-) -M-a-n-a-g-e-m-e-n-t-.----T-h-e -C-o-m-m-i-s-s-i-o-n
-s-h-a-l-l -m-a-n-a-g-e -t-h-e -l-a-n-d -a-c-q-u-i-r-e-d
-p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n -(-a-) -t-o -e-n-h-a-n-c-e
-p-r-o-t-e-c-t-i-o-n -o-f -w-a-t-e-r-s-h-e-d-, -o-u-t-d-o-o-r
-r-e-c-r-e-a-t-i-o-n-a-l-, -w-i-l-d-l-i-f-e -h-a-b-i-t-a-t-, -a-n-d
-A-p-p-a-l-a-c-h-i-a-n -T-r-a-i-l -v-a-l-u-e-s -i-n -t-h-e
-S-t-e-r-l-i-n-g -F-o-r-e-s-t -a-r-e-a -o-f -t-h-e -N-e-w -Y-o-r-k-/
-N-e-w -J-e-r-s-e-y -H-i-g-h-l-a-n-d-s -R-e-g-i-o-n-.
-S-E-C-. -3-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F
-A-P-P-R-O-P-R-I-A-T-I-O-N-S-.
-(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e-r-e -i-s -a-u-t-h-o-r-i-z-e-d
-t-o -b-e -a-p-p-r-o-p-r-i-a-t-e-d -t-o -t-h-e -S-e-c-r-e-t-a-r-y -o-f
-t-h-e -I-n-t-e-r-i-o-r -$-3-5-,-0-0-0-,-0-0-0 -f-o-r -t-h-e
-p-u-r-p-o-s-e-s -o-f -a-c-q-u-i-r-i-n-g -t-h-e -l-a-n-d
-d-e-s-c-r-i-b-e-d -i-n -s-e-c-t-i-o-n -2-.
-(-b-) -T-r-a-n-s-f-e-r -o-f -F-u-n-d-s-.----O-f -t-h-e -s-u-m-s
-m-a-d-e -a-v-a-i-l-a-b-l-e -p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n
-(-a-)-, -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r
-s-h-a-l-l -t-r-a-n-s-f-e-r -t-o -t-h-e -C-o-m-m-i-s-s-i-o-n -s-u-c-h
-s-u-m-s -a-s -a-r-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-i-s
-A-c-t-.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sterling Forest Protection Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Palisades Interstate Park Commission was
established pursuant to a joint resolution of the 75th Congress
approved in 1937 (Public Resolution No. 65; ch. 706; 50 Stat.
719), and chapter 170 of the Laws of 1937 of the State of New
York and chapter 148 of the Laws of 1937 of the State of New
Jersey;
(2) the Palisades Interstate Park Commission is responsible
for the management of 23 parks and historic sites in New York
and New Jersey, comprising over 82,000 acres;
(3) over 8 million visitors annually seek outdoor
recreational opportunities within the Palisades Park System;
(4) Sterling Forest is a biologically diverse open space on
the New Jersey border comprising approximately 17,500 acres,
and is a highly significant watershed area for the State of New
Jersey, providing the source for clean drinking water for 25
percent of the State;
(5) Sterling Forest is an important outdoor recreational
asset in the northeastern United States, within the most
densely populated metropolitan region in the Nation;
(6) Sterling Forest supports a mixture of hardwood forests,
wetlands, lakes, glaciated valleys, is strategically located on
a wildlife migratory route, and provides important habitat for
27 rare or endangered species;
(7) the protection of Sterling Forest would greatly enhance
the Appalachian National Scenic Trail, a portion of which
passes through Sterling Forest, and would provide for enhanced
recreational opportunities through the protection of lands
which are an integral element of the trail and which would
protect important trail viewsheds;
(8) stewardship and management costs for units of the
Palisades Park System are paid for by the States of New York
and New Jersey; thus, the protection of Sterling Forest through
the Palisades Interstate Park Commission will involve a minimum
of Federal funds; and
(9) given the nationally significant watershed, outdoor
recreational, and wildlife qualities of Sterling Forest; the
demand for open space in the northeastern United States; the
lack of open space in the densely populated Tri-State region;
there is a clear Federal interest in acquiring the Sterling
Forest for permanent protection of the watershed, outdoor
recreational, flora and fauna, and open space; which is a cost
effective investment compared to the costs which would be
required to protect drinking water for the region should the
Sterling Forest be developed.
SEC. 3. PURPOSES.
Subject to the requirements of this Act, the purposes of this Act
are--
(1) to establish the Sterling Forest Reserve in the State
of New York to protect the significant watershed, wildlife, and
recreational resources within the New York-New Jersey highlands
region;
(2) to authorize Federal funding, through the Department of
the Interior, for a portion of the acquisition costs for the
Sterling Forest Reserve;
(3) to direct the Palisades Interstate Park Commission to
convey to the Secretary of the Interior certain interests in
lands acquired within the Reserve; and
(4) to provide for the management of the Sterling Forest
Reserve by the Palisades Interstate Park Commission.
SEC. 4. DEFINITIONS.
As used in this Act, the term--
(1) ``Commission'' means the Palisades Interstate Park
Commission established pursuant to Public Resolution No. 65
approved August 19, 1937 (ch. 707; 50 Stat. 719);
(2) ``Reserve'' means the Sterling Forest Reserve; and
(3) ``Secretary'' means the Secretary of the Interior.
SEC. 5. ESTABLISHMENT OF THE STERLING FOREST RESERVE.
(a) Establishment.--Upon the certification by the Commission to the
Secretary that the Commission has acquired sufficient lands or
interests therein to constitute a manageable unit, there is hereby
established the Sterling Forest Reserve in the State of New York.
(b) Map.--(1) The Reserve shall consist of lands and interests
therein acquired by the Commission within the approximately 17,500
acres of lands as generally depicted on the map entitled ``Boundary
Map, Sterling Forest Reserve, numbered SFR-60,001 and dated July 1,
1994.
(2) The map referred to in paragraph (1) shall be on file and
available for public inspection in the offices of the Commission and
the appropriate offices of the National Park Service, Department of the
Interior.
(c) Transfer of Funds.--Subject to the conditions set forth in
subsection (d), the Secretary shall transfer to the Commission such
funds as are appropriated for the acquisition of lands and interests
therein within the Reserve.
(d) Conditions of Funding.--(1) Prior to the receipt of any Federal
funds authorized by this Act, the Commission shall agree to the
following terms and conditions:
(A) If the Commission fails to manage the lands acquired
within the Reserve in a manner consistent with this Act, the
Commission shall convey fee title to such lands to the United
States. Such agreement to convey to the United States shall be
recorded at the time of purchase.
(B) No lands or interests therein may be acquired with any
Federal funds authorized or transferred pursuant to this Act
except with the consent of the owner thereof.
(C) If the Commission is unable to acquire all of the lands
within the Reserve, to the extent Federal funds are utilized
pursuant to this Act, the Commission shall acquire all or a
portion of the lands identified as ``National Park Service
Wilderness Easement Lands'' and ``National Park Service
Conservation Easement Lands'' on the map referred to in section
5(b) before proceeding with the acquisition of any other lands
within the Reserve.
(D) Within 30 days after acquiring the lands identified as
``National Park Service Wilderness Easement Lands'' and
``National Park Service Conservation Easement Lands'' on the
map referred to in section 5(b), the Commission shall convey to
the United States the following:
(i) Conservation easement(s) on those lands
described as ``National Park Service Wilderness
Easement Lands'' on the map referred to in section
5(b). Such easement(s) shall provide that the lands
shall be managed to protect their wilderness character.
(ii) Conservation easement(s) on those lands
described as ``National Park Service Conservation
Easement Lands'' on the map referred to in section
5(b). Such easement(s) shall restrict and limit
development and use of the property to that compatible
with the protection of the Appalachian National Scenic
Trail. Any such development and use shall be consistent
with the general management plan prepared pursuant to
section 6(b).
(2) Funds may be transferred to the Commission only to the extent
that they are matched from funds contributed by non-Federal sources.
SEC. 6. MANAGEMENT OF THE RESERVE.
(a) In General.--The Commission shall manage the lands acquired
within the Reserve in a manner consistent with the Commission's
authorities and with the purposes of this Act.
(b) General Management Plan.--Within 3 years after the date of
enactment of this Act, the Commission shall prepare a general
management plan for the Reserve, and shall submit such plan to the
Secretary for approval.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Except as provided in subsection (b), there is
authorized to be appropriated such sums as may be necessary to carry
out this Act, to remain available until expended.
(b) Land Acquisition.--Not more than $17,500,000 may be
appropriated to the Secretary for transfer to the Commission for the
acquisition of lands and interests therein within the Reserve. | Sterling Forest Protection Act of 1994 - Establishes the Sterling Forest Reserve, New York, upon certification by the Palisades Interstate Park Commission to the Secretary of the Interior that the Commission has acquired sufficient lands or interests therein to constitute a manageable unit.
Sets forth provisions regarding: (1) Reserve boundaries; (2) the transfer of funds to the Commission for land acquisition; and (3) conditions of funding (including provision for specified conservation easements and that funds may be transferred to the Commission only to the extent that they are matched from funds contributed by non-Federal sources).
Directs the Commission to: (1) manage the lands acquired within the Reserve in a manner consistent with the Commission's authorities and the protection of significant watershed, wildlife and recreational resources within the New York-New Jersey highlands region; and (2) prepare a general management plan for the Reserve, to be submitted to the Secretary for approval.
Authorizes appropriations. Limits the amount that may be appropriated to the Secretary for transfer to the Commission for the acquisition of lands and interests therein within the Reserve. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Exchange Information Disclosure
Act''.
SEC. 2. WEEKLY REPORTS ON HEALTH BENEFIT EXCHANGES.
Section 1311(c)(5) of the Patient Protection and Affordable Care
Act (42 U.S.C. 13031(c)(5)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(C) not later than the first Monday after the
date of enactment of this subparagraph, and each Monday
thereafter through March 31, 2015 (or the next business
day when Monday occurs on a Federal holiday), in
coordination with the Secretary of the Treasury and the
Secretary of Labor, submit to Congress and make
available to State governors, State insurance
commissioners, and the public, a report concerning
consumer interactions with the Internet website
maintained by the Federal Government for health
insurance coverage (healthcare.gov or any subsequent
Internet site (or sites) that is established in whole
or in part by the Federal Government to facilitate
enrollment in qualified health plans, the receipt of
advance premium tax credits or cost sharing reduction
assistance, or comparisons of available qualified
health plans) and any efforts undertaken to remedy
problems that impact taxpayers and consumers, such
report to include--
``(i) a State-by-State breakdown of--
``(I) the number of unique website
visits;
``(II) the number of web chat
logins;
``(III) the number of individuals
who create an account;
``(IV) the number of individuals
who enrolled in a qualified health plan
or Medicaid;
``(V) the number of enrollees in
each zip code; and
``(VI) the level of coverage
obtained;
``(ii) a detailed description of the
problems identified with website functionality,
the actions that have been taken to resolve
those problems, the identity of the contractors
that are involved in such actions, the cost of
such actions, how such actions are being paid
for, and the names of the Federal officials
responsible for overseeing the process; and
``(iii) a description of the separate
problems with the website, including problems
relating to--
``(I) logging into the website;
``(II) enrolling in coverage;
``(III) transferring to the State
Medicaid programs;
``(IV) the calculation of advance
premium tax credits or cost sharing
reductions;
``(V) eligibility for qualified
health plans, advance premium tax
credits, cost sharing reductions,
Medicaid, or the Children's Health
Insurance Program;
``(VI) income or identity
verification;
``(VII) the transfer of information
to health insurance issuers; and
``(VIII) consumer privacy and data
security; and
``(D) not later than the first Monday after the
date of enactment of this Act, and each Monday
thereafter through March 31, 2015 (or the next business
day when Monday occurs on a Federal holiday), in
coordination with the Secretary of the Treasury and the
Secretary of Labor, submit to Congress and make
available to State governors, State insurance
commissioners, and the public, a report concerning the
federally operated customer service call center,
including the number of calls received by the call
center, the Internet website or enrollment problems
identified by users, how many calls are referred to the
Centers for Consumer Information and Insurance
Oversight, how many calls are referred to State
insurance commissioners, and how many callers enrolled
in a qualified health plan through the call center.''.
SEC. 3. DISCLOSURE OF NAVIGATOR AND CERTIFIED APPLICATION COUNSELOR
GRANTEES.
Section 1311(i) of the Patient Protection and Affordable Care Act
(42 U.S.C. 13031(c)) is amended by adding at the end the following:
``(7) Public availability of list of navigators.--Not later
than 5 days after the date of enactment of the Exchange
Information Disclosure Act, the Secretary shall make available
to Congress, State attorneys general, State insurance
commissioners, and the public a list of all navigators and
certified application counselors that have been trained and
certified by Exchanges, including contact information for all
navigator entities and their partner organizations, including
subcontractors. Such list shall be updated by the Secretary on
a weekly basis through March 31, 2015.''.
SEC. 4. DISCLOSURE OF CERTIFIED AGENTS AND BROKERS.
Section 1312(e) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18032(e)) is amended by adding at the end the following
flush sentence: ``Not later than 5 days after the date of the enactment
of the Exchange Information Disclosure Act, the Secretary shall make
available on the Internet website maintained by the Federal Government
for health insurance coverage (healthcare.gov or any subsequent
Internet site (or sites) that is established in whole or in part by the
Federal Government to facilitate enrollment in qualified health plans,
the receipt of tax credits or cost sharing reduction assistance, or
comparisons of available qualified health plans) a list of all agents
and brokers who have been trained and certified by the Federal
Exchange, including their name, business address (if available), and
phone number. Such list shall be updated on a weekly basis through
March 31, 2015.''. | Exchange Information Disclosure Act - Amends the Patient Protection and Affordable Care Act to expand reporting requirements related to health care exchanges. Requires the Secretary of Health and Human Services (HHS) to publish reports weekly through March 31, 2015, on: (1) consumer interactions with healthcare.gov or subsequent sites and any efforts undertaken to remedy problems that impact taxpayers and consumers, (2) calls to the federal customer service call center, including the number of calls received by the call center, problems identified by users, and referrals of those calls; (3) all navigators and certified application counselors that have been trained and certified by health care exchanges; and (4) all agents and brokers who have been trained and certified by the federal health care exchange. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergen Consumer Protection
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Approximately 7,000,000 Americans suffer from food
allergies. Every year roughly 30,000 people receive emergency
room treatment due to the ingestion of allergenic foods, and an
estimated 150 Americans die from anaphylactic shock caused by a
food allergy.
(2) Eight major foods--milk, egg, fish, Crustacea, tree
nuts, wheat, peanuts, and soybeans--cause 90 percent of
allergic reactions. At present, there is no cure for food
allergies. A food allergic consumer depends on a product's
label to obtain accurate and reliable ingredient information so
as to avoid food allergens.
(3) Current Food and Drug Administration regulations exempt
spices, flavorings, and certain colorings and additives from
ingredient labeling requirements that would allow consumers to
avoid those to which they are allergic. Such unlabeled food
allergens may pose a serious health threat to those susceptible
to food allergies.
(4) A recent Food and Drug Administration study found that
25 percent of bakery products, ice creams, and candies that
were inspected failed to list peanuts and eggs, which can cause
potentially fatal allergic reactions. The mislabeling of foods
puts those with a food allergy at constant risk.
(5) In that study, the Food and Drug Administration found
that only slightly more than half of inspected manufacturers
checked their products to ensure that all ingredients were
accurately reflected on the labels. Furthermore, the number of
recalls because of unlabeled allergens rose to 121 in 2000 from
about 35 a decade earlier. In part, mislabeling occurs because
potentially fatal allergens are introduced into the
manufacturing process when production lines and cooking
utensils are shared or used to produce multiple products.
(6) Individuals who have food allergies may outgrow their
allergy if they strictly avoid consuming the allergen. However,
some scientists believe that because low levels of allergens
are unintentionally present in foods, those with an allergy are
unable to keep from being repeatedly exposed to the very foods
they are allergic to. Good manufacturing practices can minimize
the unintentional presence of food allergens. In addition, when
good manufacturing practices cannot eliminate the potential for
cross-contamination, an advisory label on the product can
provide additional consumer protection.
(7) The Food and Drug Administration is the Nation's
principal consumer protection agency, charged with protecting
and promoting public health through premarket and postmarket
regulation of food. The agency must have both the necessary
authority to ensure that foods are properly labeled and
produced using good manufacturing practices and the ability to
penalize manufacturers who violate our food safety laws.
(8) Americans deserve to have confidence in the safety and
labeling of the food on their tables.
SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC
SUBSTANCES.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(t)(1) If it is not a raw agricultural commodity and it is, or it
intentionally bears or contains, a known food allergen, unless its
label bears, in bold face type, the common or usual name of the known
food allergen and the common or usual name of the food source described
in subparagraph (3)(A) from which the known food allergen is derived,
except that the name of the food source is not required when the common
or usual name of the known food allergen plainly identifies the food
source.
``(2) The information required under this paragraph may appear in
labeling other than the label only if the Secretary finds that such
other labeling is sufficient to protect the public health. A finding by
the Secretary under this subparagraph is effective upon publication in
the Federal Register as a notice (including any change in an earlier
finding under this subparagraph).
``(3) For purposes of this Act, the term `known food allergen'
means any of the following:
``(A) Milk, egg, fish, Crustacea, tree nuts, wheat,
peanuts, and soybeans.
``(B) A proteinaceous substance derived from a food
specified in clause (A), unless the Secretary determines that
the substance does not cause an allergic response that poses a
risk to human health.
``(C) Other grains containing gluten (rye, barley, oats,
and triticale).
``(D) In addition, any food that the Secretary by
regulation determines causes an allergic or other adverse
response that poses a risk to human health.
``(4) Notwithstanding paragraph (g), (i), or (k), or any other law,
the labeling requirement under this paragraph applies to spices,
flavorings, colorings, or incidental additives that are, or that bear
or contain, a known food allergen.
``(u) If it is a raw agricultural commodity that is, or bears or
contains, a known food allergen, unless it has a label or other
labeling that bears in bold face type the common or usual name of the
known food allergen and the Secretary has found that the label or other
labeling is sufficient to protect the public health. A finding by the
Secretary under this paragraph is effective upon publication in the
Federal Register as a notice (including any change in an earlier
finding under this paragraph).
``(w) If the labeling required under paragraphs (g), (i), (k), (t),
(u), or (v)--
``(1) does not use a single, easy-to-read type style that
is black on a white background, using upper and lower case
letters and with no letters touching;
``(2) does not use at least 8 point type with at least one
point leading (i.e., space between two lines of text), provided
the total surface area of the food package available to bear
labeling exceeds 12 square inches; or
``(3) does not comply with regulations issued by the
Secretary to make it easy for consumers to read and use such
labeling by requiring a format that is comparable to the format
required for the disclosure of nutrition information in the
food label under section 101.9(d)(1) of title 21, Code of
Federal Regulations.''.
(b) Civil Penalties.--Section 303(g)(2) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(g)(2)) is amended--
(1) in subparagraph (A), by striking ``section 402(a)(2)(B)
shall be subject'' and inserting the following: ``section
402(a)(2)(B) or regulations under this chapter to minimize the
unintended presence of allergens in food, or that is misbranded
within the meaning of section 403(t), 403(u), 403(v), or
403(w), shall be subject''; and
(2) in subparagraph (B), by inserting ``or misbranded''
after ``adulterated'' each place such term appears.
(c) Conforming Amendment.--Section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ll) The term `known food allergen' has the meaning given such
term in section 403(t)(3).''.
(d) Effective Date.--The amendments made by this section take effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act.
SEC. 4. UNINTENTIONAL PRESENCE OF KNOWN FOOD ALLERGENS.
(a) Food Labeling of Such Food Allergens.--Section 403 of the
Federal Food, Drug, and Cosmetic Act, as amended by section 3(a) of
this Act, is amended by inserting after paragraph (u) the following:
``(v) If the presence of a known food allergen in the food is
unintentional and its labeling bears a statement that the food may bear
or contain the known food allergen, or any similar statement, unless
the statement is made in compliance with regulations issued by the
Secretary to provide for advisory labeling of the known food
allergen.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect upon the expiration of the four-year period beginning on the
date of the enactment of this Act, except with respect to the authority
of the Secretary of Health and Human Services to engage in rulemaking
in accordance with section 5.
SEC. 5. REGULATIONS.
(a) In General.--
(1) Regulations.--Not later than one year after the date of
the enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall issue a proposed rule under sections 402, 403, and 701(a)
of the Federal Food, Drug, and Cosmetic Act to implement the
amendments made by this Act. Not later than two years after
such date of enactment, the Secretary shall promulgate a final
rule under such sections.
(2) Effective date.--The final rule promulgated under
paragraph (1) takes effect upon the expiration of the four-year
period beginning on the date of the enactment of this Act. If a
final rule under such paragraph has not been promulgated as of
the expiration of such period, then upon such expiration the
proposed rule under such paragraph takes effect as if the
proposed rule were a final rule.
(b) Unintentional Presence of Known Food Allergens.--
(1) Good manufacturing practices; records.--Regulations
under subsection (a) shall require the use of good
manufacturing practices to minimize, to the extent practicable,
the unintentional presence of allergens in food. Such
regulations shall include appropriate record keeping and record
inspection requirements.
(2) Advisory labeling.--In the regulations under subsection
(a), the Secretary shall authorize the use of advisory labeling
for a known food allergen when the Secretary has determined
that good manufacturing practices required under the
regulations will not eliminate the unintentional presence of
the known food allergen and its presence in the food poses a
risk to human health, and the regulations shall otherwise
prohibit the use of such labeling.
(c) Ingredient Labeling Generally.--In regulations under subsection
(a), the Secretary shall prescribe a format for labeling, as provided
for under section 403(w)(3) of the Federal, Food, Drug, and Cosmetic
Act.
(d) Review by Office of Management and Budget.--If the Office of
Management and Budget (in this section referred to as ``OMB'') is to
review proposed or final rules under this Act, OMB shall complete its
review in 10 working days, after which the rule shall be published
immediately in the Federal Register. If OMB fails to complete its
review of either the proposed rule or the final rule in 10 working
days, the Secretary shall provide the rule to the Office of the Federal
Register, which shall publish the rule, and it shall have full effect
(subject to applicable effective dates specified in this Act) without
review by OMB. If the Secretary does not complete the proposed or final
rule so as to provide OMB with 10 working days to review the rule and
have it published in the Federal Register within the time frames for
publication of the rule specified in this section, the rule shall be
published without review by OMB.
SEC. 6. FOOD LABELING; INCLUSION OF TELEPHONE NUMBER.
(a) In General.--Section 403(e) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343(e)) is amended--
(1) by striking ``and (2)'' and inserting the following:
``(2) in the case of a manufacturer, packer, or distributor
whose annual gross sales made or business done in sales to
consumers equals or exceeds $500,000, a toll-free telephone
number (staffed during reasonable business hours) for the
manufacturer, packer, or distributor (including one to
accommodate telecommunications devices for deaf persons,
commonly known as TDDs); or in the case of a manufacturer,
packer, or distributor whose annual gross sales made or
business done in sales are less than $500,000, the mailing
address or the address of the Internet site for the
manufacturer, packer, or distributor; and (3)''; and
(2) by striking ``clause (2)'' and inserting ``clause
(3)''.
(b) Effective Date.--The amendments made by subsection (a) take
effect upon the expiration of the 180-day period beginning on the date
of the enactment of this Act.
SEC. 7. DATA ON FOOD-RELATED ALLERGIC RESPONSES.
(a) In General.--Consistent with the findings of the study
conducted under subsection (b), the Secretary of Health and Human
Services (in this section referred to as the ``Secretary''), acting
through the Director of the Centers for Disease Control and Prevention
and in consultation with the Commissioner of Foods and Drugs, shall
improve the collection of, and (beginning 18 months after the date of
the enactment of this Act) annually publish, national data on--
(1) the prevalence of food allergies, and
(2) the incidence of deaths, injuries, including
anaphylactic shock, hospitalizations, and physician visits, and
the utilization of drugs, associated with allergic responses to
foods.
(b) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary, in consultation with consumers, providers,
State governments, and other relevant parties, shall complete a study
for the purposes of--
(1) determining whether existing systems for the reporting,
collection and analysis of national data accurately capture
information on the subjects specified in subsection (a); and
(2) identifying new or alternative systems, or enhancements
to existing systems, for the reporting collection and analysis
of national data necessary to fulfill the purpose of subsection
(a).
(c) Public and Provider Education.--The Secretary shall, directly
or through contracts with public or private entities, educate
physicians and other health providers to improve the reporting,
collection, and analysis of data on the subjects specified in
subsection (a).
(d) Child Fatality Review Teams.--Insofar as is practicable,
activities developed or expanded under this section shall include
utilization of child fatality review teams in identifying and assessing
child deaths associated with allergic responses to foods.
(e) Reports to Congress.--Not later than 18 months after the date
of the enactment of this Act, the Secretary shall submit to the
Congress a report on the progress made with respect to subsections (a)
through (d).
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for fiscal year 2003, and such sums as may be necessary for each
subsequent fiscal year.
(g) Effective Date.--This section takes effect on the date of the
enactment of this Act.
SEC. 8. FOOD ALLERGIES RESEARCH.
(a) In General.--The Secretary of Health and Human Services,
through the National Institutes of Health, shall convene a panel of
nationally recognized experts to review current basic and clinical
research efforts related to food allergies. The panel shall develop a
plan, including recommendations for expenditures, for expanding,
intensifying, and coordinating research activities concerning food
allergies.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit a plan under subsection (a) to the Committee on Energy and
Commerce in the House of Representatives and the Committee on Health,
Education, Labor, and Pensions in the Senate.
(c) Effective Date.--This section takes effect on the date of the
enactment of this Act.
SEC. 9. CERTAIN FEDERAL RECOMMENDATIONS REGARDING AVOIDING AND
RESPONDING TO FOOD-RELATED ALLERGIC RESPONSES.
The Secretary of Health and Human Services shall carry out the
following:
(1) Develop and appropriately disseminate recommendations
on--
(A) training emergency medical technicians with
respect to administering epinephrine auto-injector
devices; and
(B) the need for emergency vehicles to maintain
supplies of such devices.
(2) Activities to increase the awareness by the restaurant
industry of public or private guidelines and recommendations
for training in preparing allergen-free foods, including the
Food Allergy and Anaphylaxis Network and Food Allergy
Initiative's document entitled ``Food Allergy Training Guide
for Restaurants and Good Services''.
(3) With respect to food prepared for students by
elementary and secondary schools, develop and appropriately
disseminate recommendations for the preparation of allergen-
free foods, with priority given to the issue of life-
threatening food allergies. | Food Allergen Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to require food labels to identify known food allergens contained therein or be deemed misbranded, without regard as to whether or not the presence of an allergen is intentional or unintentional.Defines "known food allergen" to include milk, eggs, fish, Crustacea, tree nuts, wheat, peanuts, soybeans, other grains containing gluten, and any food the Secretary of Health and Human Services determines to cause allergic or adverse responses which endanger human health. Includes spices, flavorings, colorings, or incidental additives that are or contain a known food allergen.Sets forth special requirements for raw agricultural commodities which are or contain a known food allergen.Sets forth criteria for labels, requiring a format comparable to that required for the disclosure of nutrition information. Requires certain manufacturers, packers, or distributors to include a toll-free telephone number on such label.Establishes civil penalties for violations of this Act.Requires the Secretary to issue rules which address the use of good manufacturing practices to minimize the unintentional presence of allergens in food and advisory labeling if such allergens may be unintentionally present.Requires the Secretary, acting through the Director of the Centers for Disease Control, to annually publish national data on the prevalence of food allergies and the incidence of deaths and injuries. Requires the Secretary to study the adequacy of existing data collection systems and possible alternative systems as well as educate health providers on improving data collection and analysis. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coeur d'Alene Basin Restoration Act
of 1994''.
SEC. 2. COEUR D'ALENE BASIN MANAGEMENT CONFERENCE.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251-
1270) is amended by adding at the end the following:
``SEC. 121. COEUR D'ALENE BASIN MANAGEMENT CONFERENCE.
``(a) Establishment.--There is established a Coeur d'Alene Basin
Management Conference to develop a comprehensive pollution prevention,
control, and restoration plan for the Coeur d'Alene Basin. The
Administrator shall convene the management conference within 30 days of
the date of the enactment of this section.
``(b) Membership.--
``(1) In general.--The members of the Management Conference
shall be comprised of--
``(A) a representative of the Environmental
Protection Agency;
``(B) a representative of the Coeur d'Alene Indian
tribe; and
``(C) a representative of the Idaho Department of
Environmental Quality.
``(2) Steering committee.--The Management Conference shall
appoint--
``(A) a management advisory committee;
``(B) a technical advisory committee; and
``(C) a citizens' advisory committee.
``(3) Ex officio members.--The Management Conference shall
have ex officio members which shall include, at a minimum, the
Member of the United States House of Representatives within
whose congressional district lies the Coeur d'Alene Basin.
``(c) Pollution Prevention, Control, and Restoration Plan.--
``(1) Publication deadline.--Not later than 1 year after
the date of the enactment of this section, the Management
Conference shall publish a water pollution prevention, control,
and restoration plan (hereinafter in this section referred to
as the `Plan') for the Coeur d'Alene Basin.
``(2) Contents.--The Plan developed pursuant to this
section shall--
``(A) clarify the duties of Federal and State
agencies and other persons in water pollution
prevention and control activities, and to the extent
allowable by law, suggest a reasonable timetable for
adoption by the appropriate Federal and State agencies
to accomplish such duties;
``(B) describe the methods and schedules for
funding of programs, activities, and projects
identified in the Plan, including the use of Federal
and other sources of funds;
``(C) incorporate environmental management concepts
and programs established in State and Federal plans and
programs in effect at the time of the development of
the Plan; and
``(D) include a strategy for water pollution
prevention and control in the Coeur d'Alene Basin,
including the promotion of pollution prevention and
management practices to reduce the amount of pollution
generated in the Coeur d'Alene Basin.
``(3) Public review and comment.--The Administrator, in
cooperation with the Management Conference, shall provide for
public review and comment on the draft Plan. At a minimum, the
Management Conference shall conduct one public meeting to hear
comments on the draft plan in the State of Idaho.
``(4) Approval.--Not less than 30 days after the
publication of the Plan required pursuant to this section, the
Administrator shall approve the Plan if the Plan meets the
requirements of this section.
``(5) Treatment.--Upon approval of the Plan, the Plan shall
be deemed to be an approved management program for the purposes
of section 319(h) of this Act and such plan shall be deemed to
be an approved comprehensive conservation and management plan
pursuant to section 320 of this Act.
``(6) Implementation.--Upon approval of the Plan under this
subsection, the Plan shall be implemented.
``(d) Grant Assistance.--
``(1) In general.--The Administrator may, in consultation
with the Management Conference, make grants to State,
interstate, and regional water pollution control agencies, and
public or nonprofit agencies, institutions, and organizations.
``(2) Purposes.--Grants under this subsection shall be made
for assisting development of the Plan, including research,
surveys, studies, and modeling and technical and supporting
work necessary for the development of the Plan.
``(3) Federal share.--The amount of grants to any person
under this subsection for a fiscal year shall not exceed 70
percent of the costs of development of the Plan and shall be
made available on the condition that non-Federal share of such
costs are provided from non-Federal sources. The non-Federal
share may be provided by in-kind services.
``(4) Terms and conditions.--The Administrator may
establish such terms and conditions for the administration of
grants as the Administrator determines to be appropriate.
``(e) Definition.--For purposes of this section, the term `Coeur
d'Alene Basin'' means the watershed in northern Idaho containing the
South Fork of the Coeur d'Alene River, the main stem of the Coeur
d'Alene River, and Lake Coeur d'Alene.
``(f) Statutory Interpretation.--Nothing in this section shall be
used to affect the jurisdiction or powers of--
``(1) any department or agency of the United States or any
State; or
``(2) any entity related to the Coeur d'Alene Basin created
by treaty or memorandum to which the United States is a
signatory.
``(g) Authorization.--There are authorized to be appropriated to
the Environmental Protection Agency to carry out this section such sums
as may be necessary for fiscal years 1995, 1996, 1997, 1998, and
1999.''.
SEC. 3. FEDERAL PROGRAM COORDINATION.
(a) Cooperation of the United States Geological Survey of the
Department of the Interior.--For the purpose of enhancing and expanding
basic data collection and monitoring in operation in the Coeur d'Alene
Basin, as defined under section 121 of the Federal Water Pollution
Control Act, the Secretary of the Interior, acting through the heads of
water resources divisions of the Idaho and Washington districts of the
United States Geological Survey, shall--
(1) in cooperation with appropriate universities and
private research institutions and appropriate officials of the
appropriate departments and agencies of the States of Idaho and
Washington, develop an integrated geographic information system
of the Coeur d'Alene Basin;
(2) convert all partial recording sites in the Coeur
d'Alene Basin to continuous monitoring stations with full
gauging capabilities and status; and
(3) establish such additional continuous monitoring station
sites in the Coeur d'Alene Basin as are necessary to carry out
basic data collection and monitoring, as defined by the
Secretary of the Interior, including ground water mapping, and
water quality and sediment data collection.
(b) Cooperation of the United States Fish and Wildlife Service of
the Department of the Interior.--
(1) Resource conservation program.--The Secretary of the
Interior, acting through the United States Fish and Wildlife
Service, in cooperation with the Coeur d'Alene Fish and
Wildlife Management Cooperative and the Coeur d'Alene Basin
Management Conference established pursuant to section 121 of
the Federal Water Pollution Control Act, shall--
(A) establish and implement a fisheries resources
restoration, development, and conservation program,
including dedicating a level of hatchery production
within the Coeur d'Alene Basin at or above the level
that existed immediately preceding the date of the
enactment of this Act; and
(B) conduct a wildlife species and habitat
assessment survey in the Coeur d'Alene Basin,
including--
(i) a survey of Federal threatened and
endangered species, listed or proposed for
listing under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), Idaho State and
Washington State threatened and endangered
species and other species of special concern,
migratory nongame species of management
concern, and national resources plan species;
and
(ii) a survey of migratory bird populations
breeding, migrating, and wintering within the
Coeur d'Alene Basin.
(2) Activities.--To accomplish the purposes of paragraph
(1), the Director of the United States Fish and Wildlife
Service is authorized to carry out activities related to--
(A) improving the health of fishery resources;
(B) conducting investigations about the status of
fishery resources, and disseminating that information
to all interested parties; and
(C) conducting and periodically updating a survey
of the fishery resources and their habitats and food
chains in the Coeur d'Alene Basin.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of the Interior such sums as may be
necessary for fiscal years 1995, 1996, 1997, 1998, and 1999 to carry
out subsections (a) and (b) of this section.
SEC. 4. RESTORATION PLAN.
(a) Cooperation of the United States Bureau of Land Management of
the Department of the Interior.--For the purpose of restoring and
managing of public lands, public uses, and the basin restoration areas,
the Secretary of the Interior, acting through the State director of the
Bureau of Land Management, shall--
(1) cooperatively with the other natural resource trustees,
develop and implement a restoration plan for the public lands
and other contaminated lands to reduce human and environmental
risks in the Coeur d'Alene Basin, as defined in section 121 of
the Federal Water Pollution Control Act;
(2) develop and maintain a computerized geographical
information system inventory of abandoned or inactive mining
sites and extensively mine waste contaminated areas in the
Basin, including audits, tailing piles, mill sites, and
processing facilities, their location, key contaminants, their
concentrations and loading rates, and other information
pertinent to evaluation and prioritization;
(3) provide for the cleanup of mining contaminated sites or
areas and the restoration of damaged natural resources on
public lands or land acquired to be restored in the Basin;
(4) develop and implement stream and river restoration
plans which would involve the rebuilding of stream structure,
placement of wood debris, habitat structures, and habitat
rocks, stabilization of banks, and riparian plantings in the
Basin;
(5) provide for monitoring of restored areas in order to
document the effectiveness of the restoration and identify any
residual problems not sufficiently corrected;
(6) cooperatively with the other land managing and public
health agencies, the Coeur d'Alene Indian tribe, regulators,
and land owners, develop and implement a land management plan
for the public lands and other lands in the Basin to reduce
human health and environmental risks;
(7) develop and maintain cooperatively an integrated
computerized geographical information system of cultural and
ecological resources, location of source and contaminated
areas, and records of restoration and management activities to
ensure long-term coordinated management within the Basin;
(8) working with the Forest Service, Fish and Wildlife
Service, Idaho Department of Fish and Game, the Coeur d'Alene
Indian tribe, and other wildlife interests, develop wildlife
and fishery habitat management plans for the streams, river,
lakes, and wetlands in the Basin, including development of
cooperative wildlife management areas;
(9) provide for monitoring of wildlife management areas in
the Basin for effectiveness of wildlife improvements and
restoration and management activities;
(10) working with the Forest Service, Idaho Departments of
Fish and Game and Parks and Recreation, public health agencies,
the Coeur d'Alene Indian tribe, and other public recreation
interests develop an integrated public recreation management
plan for the Basin to provide public information and minimize
recreational health risks; and
(11) develop and implement a lake and river information
program to provide public use and health risk information in
the Basin along with the recreation management and maintenance
of public land sites.
(b) Powers of BLM.--To accomplish the purposes of paragraphs (2),
(3), and (4) of subsection (a), the Director of the United States
Bureau of Land Management is authorized to carry out activities related
to--
(1) data collection and other inventory of mining waste
source areas and contaminated lands;
(2) data management of resource information, restoration
activities, and monitoring and management data;
(3) accepting or acquiring mining contaminated lands to
restore and manage for the purpose of minimizing long-term
human health and natural resource risks;
(4) design, engineering, construction, and maintenance of
restoration projects and management facilities;
(5) design, oversee construction, and management of
repositories for mine waste and mine contaminated soil needed
for restoration activities;
(6) lake and river information program, public use
information, and recreation use supervision;
(7) long-term restoration and land management plans for
contaminated and restored lands; and
(8) providing long-term maintenance and management of
restored public lands.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of the Interior, Bureau of Land
Management, such sums as may be necessary for fiscal years 1995, 1996,
1997, 1998, 1999, 2000, 2001, and 2002 to carry out subsections (a) and
(b) of this section.
SEC. 5. EXEMPTION FROM CERCLA LIABILITY.
The Environmental Protection Agency and the Department of the
Interior shall be specifically exempted from liability under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 for actions taken under this Act, including any amendment made
by this Act. | Coeur d'Alene Basin Restoration Act of 1994 - Amends the Federal Water Pollution Control Act to establish a Coeur d'Alene Basin Management Conference to develop a pollution prevention, control, and restoration plan for the Coeur d'Alene Basin in Idaho.
Requires the Administrator of the Environmental Protection Agency (EPA) to convene the management conference.
Authorizes the Administrator to make grants to State, interstate, and regional water pollution control agencies and public or nonprofit agencies to assist development of the plan.
Authorizes appropriations.
Directs the Secretary of the Interior, acting through the water resources divisions of the Idaho and Washington districts of the U.S. Geological Survey, to: (1) develop an integrated geographic information system of the Coeur d'Alene Basin; (2) convert all partial recording sites in the Basin to continuous monitoring stations with full gauging capabilities and status; and (3) establish additional continuous monitoring sites in the Basin as necessary to carry out basic data collection and monitoring.
Requires the Secretary, acting through the Fish and Wildlife Service, to: (1) establish a fisheries restoration, development, and conservation program; and (2) conduct a wildlife species and habitat assessment survey in the Basin. Authorizes appropriations.
Directs the Secretary, acting through the Bureau of Land Management, to carry out specified environmental restoration activities in the Basin. Authorizes appropriations.
Exempts the EPA and the Department of the Interior from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for actions taken under this Act. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Negotiated Rate Amendments of
1993''.
SEC. 2. PROCEDURE FOR RESOLVING DISPUTES.
(a) General Rule.--For purposes of section 10701 of title 49,
United States Code, it shall be an unreasonable practice for a
nonhousehold goods motor carrier, a nonhousehold goods freight
forwarder, or a person representing such a carrier or freight forwarder
(hereinafter in this section referred to as a ``representative'') to
attempt to charge or to charge for a transportation service the
difference between--
(1) the rate that is lawfully in effect pursuant to a
tariff that is filed in accordance with chapter 107 of such
title by the carrier or freight forwarder and that is
applicable to such transportation service, and
(2) the negotiated rate for such transportation service,
if the carrier or freight forwarder is no longer transporting property
between places describe in section 10521(a)(1) of such title or is
transporting property between places described in such section for the
purpose of avoiding the application of this subsection.
(b) Jurisdiction of the Commission.--The Commission shall have
exclusive jurisdiction to make a determination of whether or not the
attempting to charge or the charging of a person for a transportation
service a rate by a carrier, freight forwarder, or a representative is
an unreasonable practice under subsection (a). In making such a
determination, the Commission shall consider--
(1) whether such person was offered a transportation rate
by the carrier or freight forwarder other than that legally on
file with the Commission for such transportation service,
(2) whether such person tendered freight to the carrier or
freight forwarder in reasonable reliance upon the offered
transportation rate,
(3) whether the carrier or freight forwarder did not
properly or timely file with the Commission a tariff providing
for such transportation rate or failed to execute a valid
contract for such transportation service,
(4) whether the transportation rate was billed and
collected by the carrier or freight forwarder, and
(5) whether the carrier, freight forwarder, or
representative demands additional payment of a higher rate
filed in a tariff.
(c) Stay of Additional Compensation.--When a person proceeds under
this section to challenge the reasonableness of the practice of, or the
legally applicable freight rate or charges being claimed by, a carrier,
freight forwarder, or representative described in subsection (a) in
addition to those already billed and collected, such person shall not
have to pay any additional compensation to such carrier, freight
forwarder, or representative until the Commission has made a
determination as to the reasonableness of the challenged rate as
applied to the freight of the person against whom the claim is made.
(d) Treatment of Subsection (a).--Subsection (a) is enacted as an
exception, and shall be treated as an exception, to the requirement of
sections 10761(a) and 10762 of title 49, United States Code, relating
to a filed tariff rate for a transportation or service subject to the
jurisdiction of the Commission and other general tariff requirements.
(e) Definitions.--For purposes of this section:
(1) Commission, household goods, and household goods
freight forwarder.--The terms ``Commission'', ``household
goods'', and ``household goods freight forwarder'' have the
meaning such terms have under section 10102 of title 49, United
States Code.
(2) Nonhousehold goods freight forwarder.--The term
``nonhousehold goods freight forwarder'' means a freight
forwarder as defined in section 10102 of title 49, United
States Code, except that such term does not include a household
goods freight forwarder.
(3) Nonhousehold goods motor carrier.--The term
``nonhousehold goods motor carrier'' means a motor carrier as
defined under section 10102 of title 49, United States Code of
property (other than household goods).
(4) Negotiated rate.--The term ``negotiated rate'' means a
rate, charge, classification, or rule agreed upon by a
nonhousehold goods motor carrier or nonhousehold goods freight
forwarder and a shipper through negotiations pursuant to which
no tariff was lawfully and timely filed with the Commission and
for which there is written evidence of such agreement.
SEC. 3. STATUTE OF LIMITATIONS.
(a) Motor Carrier Charges.--Section 11706(a) of title 49, United
States Code, is amended by striking the period at the end and inserting
the following: ``; except that a common carrier providing
transportation or service subject to the jurisdiction of the Commission
under chapter 105 of this title--
``(1) must begin, within 24 months after the claim accrues,
a civil action to recover charges for such transportation or
service if such transportation or service is provided by the
carrier on or after the date of the enactment of this exception
and before the date that is one year after such date of
enactment; and
``(2) must begin, within 18 months after the claim accrues,
such a civil action if such transportation or service is
provided by the carrier on or after the date that is one year
after such date of enactment.''.
(b) Motor Carrier Overcharges.--Section 11706(b) of title 49,
United States Code, is amended by striking the period at the end of the
first sentence and inserting the following: ``except that a person must
begin, within 24 months after the claim accrues, a civil action to
recover overcharges from a carrier subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title for
transportation or service if such transportation or service takes place
on or after the date of the enactment of this exception and before the
date that is one year after such date of enactment, and a person must
begin, within 18 months after the claim accrues, such a civil action
for transportation or service taking place on or after the date that is
one year following such date of enactment.''.
(c) Conforming Amendment.--Section 11706(d) of title 49, United
States Code, is amended by striking ``3-year period'' each place it
appears and inserting ``limitations period''.
SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CARRIERS OF PROPERTY.
(a) In General.--Chapter 117 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 11712. Tariff reconciliation rules for motor common carriers of
property
``(a) Mutual Consent.--Subject to Commission review and approval,
motor carriers subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title and shippers may resolve, by
mutual consent, overcharge and undercharge claims resulting from
incorrect tariff provisions or billing errors arising from the
inadvertent failure to properly and timely file and maintain agreed
upon rates, rules, or classifications in compliance with sections 10761
and 10762 of this title. Resolution of such claims among the parties
shall not subject any party to the penalties of chapter 119 of this
title.
``(b) Limitation on Statutory Construction.--Nothing in this
section shall relieve the motor carrier of the duty to file and adhere
to its rates, rules, and classifications as required in sections 10761
and 10762, except as provided in subsection (a) of this section.
``(c) Rulemaking Proceeding.--Not later than 90 days after the date
of the enactment of this section, the Commission shall institute a
proceeding to establish rules pursuant to which the tariff requirements
of sections 10761 and 10762 of this title shall not apply under
circumstances described in subsection (a) of this section.''.
(b) Conforming Amendment.--The analysis for chapter 117 of title
49, United States Code, is amended by adding at the end the following:
``11712. Tariff reconciliation rules for motor common carriers of
property.''.
SEC. 5. CUSTOMER ACCOUNT CODES.
Section 10762 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(e) Customer Account Codes.--No tariff filed with the Commission
before, on, or after the date of the enactment of this subsection may
be held invalid solely on the basis that a numerical or alpha account
code is used in such tariff to designate customers or to describe the
applicability of rates. For transportation performed on and after the
90th day following such date of enactment, the name of the customer for
each account code must be set forth in the tariff.''.
SEC. 6. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b), this Act
(including the amendments made by this Act) shall take effect on the
date of the enactment of this Act.
(b) Exception.--Section 2 shall apply to--
(1) any proceeding before the Interstate Commerce
Commission, and
(2) any court action,
which is pending or commenced on or after the date of the enactment of
this Act. | Negotiated Rate Amendments of 1993 - Makes it an unreasonable practice for a nonhousehold goods motor carrier, a nonhousehold goods freight forwarder, or a person representing one or the other to attempt to charge or to charge for a transportation service the difference between the lawfully filed tariff rate and the negotiated rate for such transportation, if the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding application of this Act. Grants the Interstate Commerce Commission (ICC) exclusive jurisdiction to make determinations with respect to unreasonableness.
Shortens the statute of limitations for the filing of claims by: (1) a motor common carrier for recovery of transportation or service charges; and (2) a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment on this Act; and (2) 18 months for claim accruals on or after one year following enactment.
Permits motor carriers and shippers to resolve by mutual consent, subject to Commission review and approval, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications.
Prohibits any tariff filed with the ICC from being held invalid solely on the basis that it uses a numerical or alpha account code to designate customers or describe the applicability of rates. | billsum_train |
Create a summary of the following text: 16, 110th Congress, agreed
to in the Senate March 1, 2007, and House Concurrent Resolution 80,
110th Congress, agreed to in the House of Representatives June 18,
2007.
SEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE DISARMAMENT OF THE
LORD'S RESISTANCE ARMY.
(a) Requirement for Strategy.--Not later than 180 days after the
date of the enactment of this Act, the President shall develop and
submit to the appropriate committees of Congress a strategy to guide
future United States support across the region for viable multilateral
efforts to mitigate and eliminate the threat to civilians and regional
stability posed by the Lord's Resistance Army.
(b) Content of Strategy.--The strategy shall include the following:
(1) A plan to help strengthen efforts by the United Nations and
regional governments to protect civilians from attacks by the
Lord's Resistance Army while supporting the development of
institutions in affected areas that can help to maintain the rule
of law and prevent conflict in the long term.
(2) An assessment of viable options through which the United
States, working with regional governments, could help develop and
support multilateral efforts to eliminate the threat posed by the
Lord's Resistance Army.
(3) An interagency framework to plan, coordinate, and review
diplomatic, economic, intelligence, and military elements of United
States policy across the region regarding the Lord's Resistance
Army.
(4) A description of the type and form of diplomatic engagement
across the region undertaken to coordinate and implement United
States policy regarding the Lord's Resistance Army and to work
multilaterally with regional mechanisms, including the Tripartite
Plus Commission and the Great Lakes Pact.
(5) A description of how this engagement will fit within the
context of broader efforts and policy objectives in the Great Lakes
Region.
(c) Form.--The strategy under this section shall be submitted in
unclassified form, but may include a classified annex.
SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY
THE LORD'S RESISTANCE ARMY.
In accordance with section 491 of the Foreign Assistance Act of
1961 (22 U.S.C. 2292) and section 2 of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601), the President is authorized to
provide additional assistance to the Democratic Republic of Congo,
southern Sudan, and Central African Republic to respond to the
humanitarian needs of populations directly affected by the activity of
the Lord's Resistance Army.
SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA.
(a) Authority.--It is the sense of Congress that the President
should support efforts by the people of northern Uganda and the
Government of Uganda--
(1) to assist internally displaced people in transition and
returnees to secure durable solutions by spurring economic
revitalization, supporting livelihoods, helping to alleviate
poverty, and advancing access to basic services at return sites,
specifically clean water, health care, and schools;
(2) to enhance the accountability and administrative competency
of local governance institutions and public agencies in northern
Uganda with regard to budget management, provision of public goods
and services, and related oversight functions;
(3) to strengthen the operational capacity of the civilian
police in northern Uganda to enhance public safety, prevent crime,
and deal sensitively with gender-based violence, while
strengthening accountability measures to prevent corruption and
abuses;
(4) to rebuild and improve the capacity of the justice system
in northern Uganda, including the courts and penal systems, with
particular sensitivity to the needs and rights of women and
children;
(5) to establish mechanisms for the disarmament,
demobilization, and reintegration of former combatants and those
abducted by the LRA, including vocational education and employment
opportunities, with attention given to the roles and needs of men,
women and children; and
(6) to promote programs to address psychosocial trauma,
particularly post-traumatic stress disorder.
(b) Future Year Funding.--It is the sense of Congress that the
Secretary of State and Administrator of the United States Agency for
International Development should work with the appropriate committees
of Congress to increase assistance in future fiscal years to support
activities described in this section if the Government of Uganda
demonstrates a commitment to transparent and accountable reconstruction
in war-affected areas of northern Uganda, specifically by--
(1) finalizing the establishment of mechanisms within the
Office of the Prime Minister to sufficiently manage and coordinate
the programs under the framework of the Peace Recovery and
Development Plan for Northern Uganda (PRDP);
(2) increasing oversight activities and reporting, at the local
and national level in Uganda, to ensure funds under the Peace
Recovery and Development Plan for Northern Uganda framework are
used efficiently and with minimal waste; and
(3) committing substantial funds of its own, above and beyond
standard budget allocations to local governments, to the task of
implementing the Peace Recovery and Development Plan for Northern
Uganda such that communities affected by the war can recover.
(c) Coordination With Other Donor Nations.--The United States
should work with other donor nations to increase contributions for
recovery efforts in northern Uganda and better leverage those
contributions to enhance the capacity and encourage the leadership of
the Government of Uganda in promoting transparent and accountable
reconstruction in northern Uganda.
(d) Termination of Assistance.--It is the sense of Congress that
the Secretary of State should withhold non-humanitarian bilateral
assistance to the Republic of Uganda if the Secretary determines that
the Government of Uganda is not committed to reconstruction and
reconciliation in the war-affected areas of northern Uganda and is not
taking proactive steps to ensure this process moves forward in a
transparent and accountable manner.
SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN
NORTHERN UGANDA.
(a) Sense of Congress.--It is the sense of Congress that, despite
reconstruction and development efforts, a continued failure to take
meaningful steps toward national reconciliation and accountability
risks perpetuating longstanding political grievances and fueling new
conflicts.
(b) Authority.--In accordance with section 531 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346), the President is authorized to
support efforts by the people of northern Uganda and the Government of
Uganda to advance efforts to promote transitional justice and
reconciliation on both local and national levels, including to
encourage implementation of the mechanisms outlined in the Annexure to
the Agreement on Accountability and Reconciliation between the
Government of Uganda and the Lord's Resistance Army/Movement, signed at
Juba February 19, 2008, namely--
(1) a body to investigate the history of the conflict, inquire
into human rights violations committed during the conflict by all
sides, promote truth-telling in communities, and encourage the
preservation of the memory of events and victims of the conflict
through memorials, archives, commemorations, and other forms of
preservation;
(2) a special division of the High Court of Uganda to try
individuals alleged to have committed serious crimes during the
conflict, and a special unit to carry out investigations and
prosecutions in support of trials;
(3) a system for making reparations to victims of the conflict;
and
(4) a review and strategy for supporting transitional justice
mechanisms in affected areas to promote reconciliation and
encourage individuals to take personal responsibility for their
conduct during the war.
SEC. 8. REPORT.
(a) Report Required.--Not later than 1 year after the submission of
the strategy required under section 4, the Secretary of State shall
prepare and submit to the appropriate committees of Congress a report
on the progress made toward the implementation of the strategy required
under section 4 and a description and evaluation of the assistance
provided under this Act toward the policy objectives described in
section 3.
(b) Contents.--The report required under section (a) shall
include--
(1) a description and evaluation of actions taken toward the
implementation of the strategy required under section 4;
(2) a description of assistance provided under sections 5, 6,
and 7;
(3) an evaluation of bilateral assistance provided to the
Republic of Uganda and associated programs in light of stated
policy objectives;
(4) a description of the status of the Peace Recovery and
Development Plan for Northern Uganda and the progress of the
Government of Uganda in fulfilling the steps outlined in section
6(b); and
(5) a description of amounts of assistance committed, and
amounts provided, to northern Uganda during the reporting period by
the Government of Uganda and each donor country.
(c) Form.--The report under this section shall be submitted in
unclassified form, but may include a classified annex.
SEC. 9. SENSE OF CONGRESS ON FUNDING.
It is the sense of Congress that--
(1) of the total amounts to be appropriated for fiscal year
2011 for the Department of State and foreign operations, up to
$10,000,000 should be used to carry out activities under section 5;
and
(2) of the total amounts to be appropriated for fiscal year
2011 through 2013 for the Department of State and foreign
operations, up to $10,000,000 in each such fiscal year should be
used to carry out activities under section 7.
SEC. 10. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means the Committee on Appropriations and
the Committee on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on Foreign Affairs of the House
of Representatives.
(2) Great lakes region.--The term ``Great Lakes Region'' means
the region comprising Burundi, Democratic Republic of Congo,
Rwanda, southern Sudan, and Uganda.
(3) LRA-affected areas.--The term ``LRA-affected areas'' means
those portions of northern Uganda, southern Sudan, northeastern
Democratic Republic of Congo, and southeastern Central African
Republic determined by the Secretary of State to be affected by the
Lord's Resistance Army as of the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - (Sec. 4) Directs the President to submit to Congress a regional strategy to guide U.S. support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA). Requires the strategy to include: (1) a plan to help strengthen efforts by the United Nations (U.N.) and regional governments to protect civilians from attacks by the LRA; (2) an assessment of viable options through which the United States could help develop and support multilateral efforts to eliminate the threat posed by the LRA; (3) an interagency framework to plan, coordinate, and review diplomatic, economic, intelligence, and military elements of U.S. policy across the region regarding the LRA; (4) a description of the type and form of diplomatic engagement across the region undertaken to coordinate and implement U.S. policy regarding the LRA and to work multilaterally with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact; and (5) a description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region.
(Sec. 5) Authorizes the President to provide additional assistance to respond to the humanitarian needs of populations the Democratic Republic of Congo, southern Sudan, and Central African Republic affected by LRA activity.
(Sec. 6) Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) assist internally displaced people in transition and returnees by spurring economic revitalization and advancing access to basic services at return sites; (2) enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda; (3) strengthen the operational capacity of the civilian police and the justice system in northern Uganda; (4) establish mechanisms for the disarmament and reintegration of former combatants and those abducted by the LRA; and (5) promote programs to address psychosocial trauma.
Expresses the sense of Congress that: (1) the Secretary of State and the Administrator of the United States Agency for International Development (USAID) should work with Congress to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern Uganda; and (2) the Secretary should withhold non-humanitarian assistance to Uganda if the government of Uganda is not committed to reconstruction and reconciliation in the war-affected areas of northern Uganda and is not taking steps to ensure this process moves forward in a transparent and accountable manner.
(Sec. 7) Expresses the sense of Congress that a continued failure to take meaningful steps toward national reconciliation and accountability risks perpetuating political grievances and fueling new conflicts.
Authorizes the President to support efforts by the people of northern Uganda and the government of Uganda to promote transitional justice and reconciliation on both local and national levels, including to encourage implementation of the mechanisms in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA.
(Sec. 8) Directs the Secretary to report to Congress on implementation of the strategy and evaluation of the assistance under this Act.
(Sec. 9) Expresses the sense of Congress that: (1) of the total amounts to be appropriated for FY2011 for the Department of State and foreign operations, up to $10 million should be used to carry out activities under section 5; and (2) of the total amounts to be appropriated for FY2011-FY2013 for the Department of State and foreign operations, up to $10 million in each such fiscal year should be used to carry out activities under section 7.
(Sec. 10) Defines: (1) "Great Lakes Region" as the region comprising Burundi, Democratic Republic of Congo, Rwanda, southern Sudan, and Uganda; and (2) "LRA-affected areas" as those portions of northern Uganda, southern Sudan, northeastern Democratic Republic of Congo, and southeastern Central African Republic affected by the LRA. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Clear Extenders
Act of 1999''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
TITLE I--EXTENSION OF EXPIRING INCENTIVES
SEC. 101. PERMANENT EXTENSION OF RESEARCH AND DEVELOPMENT CREDIT.
(a) Extension.--
(1) In general.--Section 41 (relating to credit for
increasing research activities) is amended by striking
subsection (h).
(2) Technical amendment.--Section 45C(b)(1) is amended by
striking subparagraph (D).
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after June 30, 1999.
(b) Increase in Percentages Under Alternative Incremental Credit.--
(1) In general.--Subparagraph (A) of section 41(c)(4) of
such Code is amended--
(A) by striking ``1.65 percent'' and inserting
``2.65 percent'',
(B) by striking ``2.2 percent'' and inserting ``3.2
percent'', and
(C) by striking ``2.75 percent'' and inserting
``3.75 percent''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after June 30, 1999.
(c) Special Rule.--
(1) In general.--For purposes of the Internal Revenue Code
of 1986, the credit determined under section 41 of such Code
which is otherwise allowable under such Code and which is
attributable to the suspension period shall not be taken into
account prior to October 1, 2000. On or after such date, such
credit may be taken into account through the filing of an
amended return, an application for expedited refund, an
adjustment of estimated taxes, or other means allowed by such
Code.
(2) Suspension period.--For purposes of this subsection,
the suspension period is the period beginning on July 1, 1999,
and ending on September 30, 2000.
(3) Expedited refunds.--
(A) In general.--If there is an overpayment of tax
with respect to a taxable year by reason of paragraph
(1), the taxpayer may file an application for a
tentative refund of such overpayment. Such application
shall be in such manner and form, and contain such
information, as the Secretary may prescribe.
(B) Deadline for applications.--Subparagraph (A)
shall apply only to applications filed before October
1, 2001.
(C) Allowance of adjustments.--Not later than 90
days after the date on which an application is filed
under this paragraph, the Secretary shall--
(i) review the application,
(ii) determine the amount of the
overpayment, and
(iii) apply, credit, or refund such
overpayment,
in a manner similar to the manner provided in section
6411(b) of such Code.
(D) Consolidated returns.--The provisions of
section 6411(c) of such Code shall apply to an
adjustment under this paragraph in such manner as the
Secretary may provide.
(4) Credit attributable to suspension period.--
(A) In general.--For purposes of this subsection,
in the case of a taxable year which includes a portion
of the suspension period, the amount of credit
determined under section 41 of such Code for such
taxable year which is attributable to such period is
the amount which bears the same ratio to the amount of
credit determined under such section 41 for such
taxable year as the number of months in the suspension
period which are during such taxable year bears to the
number of months in such taxable year.
(B) Waiver of estimated tax penalties.--No addition
to tax shall be made under section 6654 or 6655 of such
Code for any period before July 1, 1999, with respect
to any underpayment of tax imposed by such Code to the
extent such underpayment was created or increased by
reason of subparagraph (A).
(5) Secretary.--For purposes of this subsection, the term
``Secretary'' means the Secretary of the Treasury (or such
Secretary's delegate).
SEC. 102. EXTENSION OF MINIMUM TAX RELIEF FOR INDIVIDUALS.
(a) In General.--The second sentence of section 26(a) (relating to
limitations based on amount of tax) is amended by striking ``1998'' and
inserting ``calendar years 1998, 1999, 2000, and 2001''.
(b) Child Credit.--Section 24(d)(2) (relating to reduction of
credit to taxpayer subject to alternative minimum tax) is amended by
striking ``December 31, 1998'' and inserting ``December 31, 2001''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 103. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.
(a) In General.--Sections 953(e)(10) and 954(h)(9) (relating to
application) are each amended--
(1) by striking ``the first taxable year'' and inserting
``taxable years'',
(2) by striking ``January 1, 2000'' and inserting ``January
1, 2002'', and
(3) by striking ``within which such'' and inserting
``within which any such''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 104. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR MARGINAL
PRODUCTION.
(a) In General.--Subparagraph (H) of section 613A(c)(6) (relating
to temporary suspension of taxable limit with respect to marginal
production) is amended by striking ``January 1, 2000'' and inserting
``January 1, 2002''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1999.
SEC. 105. WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT.
(a) Temporary Extension.--Sections 51(c)(4)(B) and 51A(f) (relating
to termination) are each amended by striking ``June 30, 1999'' and
inserting ``December 31, 2001''.
(b) Clarification of First Year of Employment.--Paragraph (2) of
section 51(i) of such Code is amended by striking ``during which he was
not a member of a targeted group''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after June 30,
1999.
TITLE II--REVENUE OFFSET
SEC. 201. MODIFICATION OF ESTIMATED TAX SAFE HARBOR.
(a) In General.--The table contained in clause (i) of section
6654(d)(1)(C) of the Internal Revenue Code of 1986 (relating to
limitation on use of preceding year's tax) is amended by striking the
item relating to 1999 or 2000 and inserting the following new items:
``1999........................................ 108.5
2000.......................................... 106''.
(b) Effective Date.--The amendment made by this section shall
apply with respect to any installment payment for taxable years
beginning after December 31, 1999. | Sets forth a revenue offset provision (modifies the estimated tax safe harbor). | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nazi War Crimes and Japanese
Imperial Government Disclosure Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 1998, Congress adopted the Nazi War Crimes
Disclosure Act (Public Law 105-246) requiring the executive
branch to identify any still-classified records in its custody
relating to Nazi war crimes, war criminals, persecution, and
looted assets and to declassify and release such records to the
American public. Under that Act, the President established the
Nazi War Criminal Records Interagency Working Group (in this
section referred to as the ``Interagency Group'') to carry out
the functions required by that Act.
(2) In its first year, the Interagency Group screened more
than 600,000,000 pages of material relating to Nazi war crimes
and has declassified 1,500,000 pages of such material and
opened them to the public at the National Archives.
(3) While the Interagency Group has worked diligently to
screen materials and declassify millions of pages of material,
the limited staff and funding available to the Interagency
Group threaten its ability to complete the functions required
by the Nazi War Crimes Disclosure Act.
(4) Already, significant new information about the
Holocaust has been revealed in the more than 400,000 records of
the Office of Strategic Services that were released by the
Interagency Group at the National Archives on June 26, 2000.
However, further such revelations depend on the availability of
adequate staff support and funding for the Interagency Group.
(5) The remarkable progress made by the Interagency Group
has been achieved even though Congress has not appropriated
funds for the support of the Interagency Group or for the
activities carried out by the various Federal agencies which
hold records subject to its functions. Without the resources to
review the materials being released, it will be years before
the significance of the contents of such materials will be
understood.
(6) The Nazi War Crimes Disclosure Act charged the
Interagency Group with reviewing all records that pertain to
World War II, under the direction of, or in association with
the Nazi government of Germany, any government occupied by the
military of the Nazi government, and any government that was an
ally of the Nazi government, which includes the Japanese
Imperial Government.
(7) After the end of World War II, the United States
returned more than 18,000,000 pages of captured Japanese
records to the Japanese Government at its request.
(8) In order to complete the Congressional directives of
the Nazi War Crimes Disclosure Act, the Interagency Group
should review the materials that were returned to Japan.
Therefore, the full cooperation of the Japanese Government in
granting access to the Interagency Group and assisting in the
review of all World War II records is desired to insure that
these historic records can be reviewed, released, or otherwise
made available to the public in a timely and efficient manner.
(9) The Interagency Group has been working diligently to
fulfill its charge under the Nazi War Crimes Disclosure Act,
but the original three-year authorization of the Interagency
Group under that Act does not allow for the completion of the
momentous tasks outlined in that Act, specifically the
completion of the review of the records pertaining to the
Japanese Government.
SEC. 3. EXTENSION AND MODIFICATION OF AUTHORITY OF NAZI WAR CRIMINAL
RECORDS INTERAGENCY WORKING GROUP TO COVER JAPANESE
IMPERIAL GOVERNMENT RECORDS.
(a) Amendment to Title.--Section 1 of the Nazi War Crimes
Disclosure Act (Public Law 105-246; 112 Stat. 1859; 5 U.S.C. 552 note)
is amended by striking ``Nazi War Crimes Disclosure Act'' and inserting
``Nazi War Crimes and Japanese Imperial Government Disclosure Act''.
(b) Extension of Authority.--Section 2(b)(1) of such Act is amended
by striking ``3 years'' and inserting ``5 years''.
(c) Membership.--Section 2(b)(2) of such Act is amended by striking
``3 other persons'' and inserting ``4 other persons, who shall be
members of the public and of whom 3 shall be persons appointed to the
Interagency Group before the date of the enactment of the Nazi War
Crimes and Japanese Imperial Government Disclosure Act''.
(d) Functions Regarding Japanese Imperial Government Records.--
(1) In general.--Section 2(c)(1) of such Act is amended by
inserting ``and all classified Japanese Imperial Government
records of the United States'' after ``of the United States''.
(2) Definition of japanese imperial government records.--
Section 3 of such Act is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Japanese Imperial Government Records.--For purposes of this
Act, the term `Japanese Imperial Government records' means classified
records or portions of records that pertain to any person with respect
to whom the United States Government, in its sole discretion, has
grounds to believe ordered, incited, assisted, or otherwise
participated in the persecution of any person because of race, gender,
religion, national origin, or political opinion, during the period
beginning September 18, 1931, and ending on September 2, 1945, under
the direction of, or in association with--
``(1) the Japanese Imperial Army;
``(2) the Japanese Imperial Government;
``(3) any government in any area occupied by the military
forces of the Japanese Imperial Army;
``(4) any government established with the assistance or
cooperation of the Japanese Imperial Army or Japanese Imperial
Government; or
``(5) any government which was an ally of the Japanese
Imperial Government.''.
(3) Application of exemptions.--Paragraph (3)(A) of section
3(c) of such Act, as redesignated by paragraph (2)(A) of this
section, is amended to read as follows:
``(A) In general.--In applying the exemptions
provided in subparagraphs (B) through (J) of paragraph
(2), there shall be a presumption that the public
interest will be served by disclosure and release of
the Nazi war criminal records or Japanese Imperial
Government records, as the case may be. The exemption
may be asserted only when the head of the agency that
maintains the records determines that disclosure and
release would be harmful to a specific interest
identified in the exemption. An agency head who makes
such a determination shall promptly report such
determination to the committees of Congress with
appropriate jurisdiction, including the Committee on
the Judiciary and the Select Committee on Intelligence
of the Senate and the Committee on Government Reform
and Oversight and the Permanent Select Committee on
Intelligence of the House of Representatives. The
exemptions set forth in paragraph (2) shall constitute
the only authority pursuant to which an agency head may
exempt records otherwise subject to release under
paragraph (1).''.
(4) Conforming amendments.--Such Act is further amended as
follows:
(A) In section 2(a)--
(i) by striking ``and'' at the end of
paragraph (3);
(ii) by striking paragraph (4); and
(iii) by adding after paragraph (3) the
following new paragraphs:
``(4) `Japanese Imperial Government records' has the
meaning given such term under section 3(b) of this Act; and
``(5) `record' means a Nazi war criminal record or a
Japanese Imperial Government record.''.
(B) In section 3(c)(1), as redesignated by
paragraph (2)(A) of this subsection, by inserting ``and
Japanese Imperial Government records'' after ``Nazi war
criminal records''.
(C) In section 4(d), as so redesignated, by
inserting ``or Japanese Imperial Government record''
after ``Nazi war criminal record''.
(D) In section 4, by inserting ``or Japanese
Imperial Government record'' after ``Nazi war criminal
record'' each place it appears.
(e) Authorization of Appropriations.--Section 2(d) of such Act is
amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for the Interagency Group to carry out this section,
$5,000,000 for each of fiscal years 2001, 2002 and 2003.''.
(f) Records Included.--Section 3(a)(2)(A) of such Act is amended by
striking ``beginning on March 23, 1933, and ending on May 8, 1945'' and
inserting ``beginning on January 1, 1931, and ending on September 2,
1945''.
(g) Modification of Name of Interagency Group.--Such Act is amended
by striking ``Nazi War Criminal Records Interagency Working Group''
each place it appears and inserting ``Nazi War Crimes and Japanese
Imperial Government Records Interagency Working Group''.
(h) Clerical Amendments.--(1) The section heading of section 2 of
such Act is amended to read as follows:
``SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMES AND JAPANESE IMPERIAL
GOVERNMENT RECORDS INTERAGENCY WORKING GROUP.''.
(2) The section heading of section 3 of such Act is amended to read
as follows:
``SEC. 3. REQUIREMENT OF DISCLOSURE OF NAZI WAR CRIMINAL RECORDS AND
JAPANESE IMPERIAL GOVERNMENT RECORDS.''.
(3) The section heading of section 4 of such Act is amended to read
as follows:
``SEC. 4. EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR CRIMINAL
RECORDS AND JAPANESE IMPERIAL GOVERNMENT RECORDS.''.
SEC. 4. REPORT ON ACTIVITIES OF NAZI WAR CRIMES AND JAPANESE IMPERIAL
GOVERNMENT INTERAGENCY WORKING GROUP.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Nazi War Crimes and Japanese Imperial
Government Interagency Working Group shall submit to Congress,
including the committees of Congress specified in subsection (b), a
report on the activities of the Interagency Group under the Nazi War
Crimes and Japanese Imperial Government Disclosure Act, as amended by
section 3 of this Act, during the one-year period ending on the date of
the report. The report shall describe the activities of the Interagency
Group and applicable Federal agencies under section 2(c) of that Act,
as so amended, and include a description of the records processed by
the Interagency Group under that Act (including the disposition of such
records).
(b) Committees of Congress.--The committees of Congress specified
in this subsection are as follows:
(1) The Committee on the Judiciary and the Select Committee
on Intelligence of the Senate.
(2) The Committee on the Judiciary, the Committee on
Government Reform and Oversight, and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION OF FOREIGN NATIONS.
It is the sense of Congress that foreign nations, and in particular
Japan, should make every effort possible to make its records available
to and cooperate with the Nazi War Crimes and Japanese Imperial
Government Records Interagency Working Group established by section 2
of the Nazi War Crimes and Japanese Imperial Government Disclosure Act,
as amended by section 3 of this Act, in carrying out the duties of the
Interagency Group under such Act, as so amended. | Amends the Nazi War Crimes and Japanese Imperial Government Disclosure Act to rename the Nazi War Criminal Records Interagency Working Group the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group, and to extend its authority for an additional two years. Requires the Interagency Group to locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration all classified Japanese Imperial Government records of the United States. Authorizes appropriations.
Expresses the sense of Congress that foreign nations (in particular Japan) should make every effort possible to make its records available to and cooperate with the Interagency Group. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Lending Modernization Act
of 2001''.
SEC. 2. APPLICABLE CONSUMER CREDIT AND LEASE TRANSACTIONS.
(a) Credit Transactions.--Section 104(3) of the Consumer Credit
Protection Act (15 U.S.C. 1603(3)) is amended by striking ``$25,000''
and inserting ``$75,000''.
(b) Lease Transactions.--Section 181(1) of the Consumer Credit
Protection Act (15 U.S.C. 1667(1)) is amended by striking ``$25,000''
and inserting ``$75,000''.
SEC. 3. AMENDMENTS RELATING TO RIGHT OF RESCISSION.
(a) Timing of Waiver by Consumer.--Section 125(a) of the Truth in
Lending Act (15 U.S.C. 1635(a)) is amended--
(1) by striking ``(a) Except as otherwise provided'' and
inserting ``(a) Right Established.--
``(1) In general.--Except as otherwise provided''; and
(2) by adding at the end the following new paragraph:
``(2) Timing of election of waiver by consumer.--No
election by a consumer to waive the right established under
paragraph (1) to rescind a transaction shall be effective if--
``(A) the waiver was required by the creditor as a
condition for the transaction;
``(B) the creditor advised or encouraged the
consumer to waive such right of the consumer; or
``(C) the creditor had any discussion with the
consumer about a waiver of such right during the period
beginning when the consumer provides written
acknowledgement of the receipt of the disclosures and
the delivery of forms and information required to be
provided to the consumer under paragraph (1) and ending
at such time as the Board determines, by regulation, to
be appropriate.''.
(b) Noncompliance With Requirements as Recoupment in Foreclosure
Proceeding.--Section 130(e) of the Truth in Lending Act (15 U.S.C.
1640(e)) is amended by inserting after the 2d sentence the following
new sentence: ``This subsection also does not bar a person from
asserting a rescission under section 125, in an action to collect the
debt as a defense to a judicial or nonjudicial foreclosure after the
expiration of the time periods for affirmative actions set forth in
this section and section 125.''.
SEC. 4. CIVIL LIABILITY.
(a) In General.--Section 130(a)(2)(A) of the Consumer Credit
Protection Act (15 U.S.C. 1640(a)(2)(A)) is amended--
(1) in clause (ii)--
(A) by striking ``$100'' and inserting ``$200'';
and
(B) by striking ``$1,000'' and inserting
``$5,000''; and
(2) in clause (iii), by striking ``$2,000'' and inserting
``$10,000''.
(b) Maximum Amount.--Section 130(a)(2)(B) (15 U.S.C. 1640(a)(2)(B))
is amended by striking ``lesser of $500,000 or 1 percentum of the net
worth of the creditor'' and inserting ``the greater of--
``(i) the amount determined by multiplying
the maximum amount of liability under
subparagraph (A) for such failure to comply in
an individual action by the number of members
in the certified class; or
``(ii) the amount equal to 2 percent of the
net worth of the creditor.''.
SEC. 5. USE OF RULE OF 78S PROHIBITED.
Section 933(b) of the Housing and Community Development Act of 1992
(15 U.S.C. 1615(b)) is amended--
(1) by striking ``of a term exceeding 61 months''; and
(2) by striking ``September 30, 1993'' and inserting
``September 30, 1999''.
SEC. 6. ACCESS TO COURT PROVISION.
(a) In General.--Section 130(i) of the Truth in Lending Act (15
U.S.C. 1640(i)) is amended to read as follows:
``(i) Availability of Statutory Remedies.--
``(1) In general.--No provision of any agreement or
contract between a consumer and any creditor which requires
binding arbitration or any other nonjudicial procedure to
resolve any controversy or settle any claim arising out of such
contract or any transaction covered by the contract, or the
refusal to perform the whole or any part of the transaction,
shall be enforceable to the extent that the construction or
application of such provision with respect to such controversy,
claim, or refusal would deny the consumer the right to bring
any action under this section or any other provision of this
title for any liability of the creditor to the consumer under
this title.
``(2) Rule of construction.--Paragraph (1) shall not be
construed as creating any inference that any provision of any
contract or agreement described in such paragraph could be
construed so as to deny any consumer the right to bring an
action under this title absent this subsection.''.
SEC. 7. REGULATIONS.
Before the end of the 6-month period beginning on the date of the
enactment of this Act, the Board of Governors of the Federal Reserve
System shall issue regulations in final form to implement the
amendments made by this Act. | Truth in Lending Modernization Act of 2001 - Amends the Consumer Credit Protection Act to: (1) apply consumer credit information and disclosure requirements to all credit and lease transactions involving real and personal property in which the total amount financed exceeds $75,000 (currently $25,000); and (2) increase the civil penalties for creditor violations of such requirements.Amends the Truth in Lending Act to: (1) deem ineffective any consumer waiver of the right to rescission of a transaction required (as a condition of the transaction), urged, or discussed by a creditor; and (2) deem unenforceable any contract provision which requires binding arbitration or any other nonjudicial procedure to resolve a dispute if it would deny the consumer any right to bring an action for any liability of the creditor.Amends the Housing and Community Development Act of 1992 to eliminate the Rule of 78s accounting method for calculating refunds of unearned interest on credit transactions consummated after September 30, 1999 (currently, September 30, 1993). | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Malpractice Reform Act of
1994''.
SEC. 2. CALCULATION AND PAYMENT OF DAMAGES IN MEDICAL MALPRACTICE
CLAIMS AND ACTIONS.
(a) Limitation on Noneconomic Damages.--The total amount of
noneconomic damages that may be awarded to a claimant and the members
of the claimant's family for losses resulting from the injury which is
the subject of a medical malpractice liability claim or action may not
exceed $250,000, regardless of the number of parties against whom the
claim or action is brought or the number of actions brought with
respect to the injury.
(b) Mandatory Offsets for Damages Paid by a Collateral Source.--
(1) In general.--With respect to a medical malpractice
liability claim or action, the total amount of damages received
by an individual under such claim or action shall be reduced,
in accordance with paragraph (2), by any other payment that has
been, or will be, made to an individual to compensate such
individual for the injury that was the subject of such claim or
action.
(2) Amount of reduction.--The amount by which an award of
damages to an individual for an injury shall be reduced under
paragraph (1) shall be--
(A) the total amount of any payments (other than
such award) that have been made or that will be made to
such individual to pay costs of or compensate such
individual for the injury that was the subject of the
claim or action; minus
(B) the amount paid by such individual (or by the
spouse, parent, or legal guardian of such individual)
to secure the payments described in subparagraph (A).
(c) Periodic Payments for Future Losses.--
(1) General rule.--In any medical malpractice liability
claim or action in which future economic damages exceed
$100,000, a defendant may not be required to pay such damages
in a single, lump-sum payment, but shall be permitted to make
such payments periodically based on when the damages are found
likely to occur, as such payments are determined by the court.
(2) Waiver.--A court may waive the application of paragraph
(1) with respect to a defendant if the court determines that it
is not in the best interests of the plaintiff to receive
payments for damages on such a periodic basis.
SEC. 3. LIMITATION ON ATTORNEYS' CONTINGENCY FEES AND OTHER COSTS UNDER
MEDICAL MALPRACTICE CLAIMS.
(a) In General.--An attorney who represents, on a contingency fee
basis, a claimant in a medical malpractice liability claim may not
charge, demand, receive, or collect for services rendered in connection
with such claim in excess of the following amount recovered by judgment
or settlement under such claim:
(1) 25 percent of the first $150,000 (or portion thereof)
recovered, plus
(2) 10 percent of any amount in excess of $150,000
recovered.
(b) Calculation of Periodic Payments.--In the event that a judgment
or settlement includes periodic or future payments of damages, the
amount recovered for purposes of computing the limitation on the
contingency fee under subsection (a) shall be based on the cost of the
annuity or trust established to make the payments. In any case in which
an annuity or trust is not established to make such payments, such
amount shall be based on the present value of the payments.
SEC. 4. APPLICABILITY; EFFECT ON STATE LAW.
(a) Applicability.--This Act shall apply with respect to any
medical malpractice liability claim and to any medical malpractice
liability action brought in any State or Federal court, except that
this subtitle shall not apply to a claim or action for damages arising
from a vaccine-related injury or death to the extent that title XXI of
the Public Health Service Act applies to the claim or action.
(b) Preemption.--The provisions of this Act shall preempt any State
law to the extent such law is inconsistent with such provisions, except
that such provisions shall not preempt any State law that places
greater limitations on the amount of damages that may be awarded or the
amount of attorneys' fees that may be collected with respect to medical
malpractice liability claims.
(c) Effect on Sovereign Immunity and Choice of Law or Venue.--
Nothing in subsection (b) shall be construed to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any provision of law;
(2) waive or affect any defense of sovereign immunity
asserted by the United States;
(3) affect the applicability of any provision of the
Foreign Sovereign Immunities Act of 1976;
(4) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation; or
(5) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground of inconvenient forum.
(d) Federal Court Jurisdiction Not Established on Federal Question
Grounds.--Nothing in this Act shall be construed to establish any
jurisdiction in the district courts of the United States over medical
malpractice liability actions on the basis of section 1331 or 1337 of
title 28, United States Code.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Claimant.--The term ``claimant'' means any person who
alleges a medical malpractice liability claim, and any person
on whose behalf such a claim is alleged, including the decedent
in the case of an action brought through or on behalf of an
estate.
(2) Economic damages.--The term ``economic damages'' means
damages paid to compensate an individual for hospital and other
medical expenses, lost wages, lost employment, and other
pecuniary losses.
(3) Health care professional.--The term ``health care
professional'' means any individual who provides health care
services in a State and who is required by the laws or
regulations of the State to be licensed or certified by the
State to provide such services in the State.
(4) Health care provider.--The term ``health care
provider'' means any organization or institution that is
engaged in the delivery of health care services in a State and
that is required by the laws or regulations of the State to be
licensed or certified by the State to engage in the delivery of
such services in the State.
(5) Injury.--The term ``injury'' means any illness,
disease, or other harm that is the subject of a medical
malpractice liability action or a medical malpractice liability
claim.
(6) Medical malpractice liability action.--The term
``medical malpractice liability action'' means a civil action
brought in a State or Federal court against a health care
provider or health care professional in which the plaintiff
alleges a medical malpractice liability claim, but does not
include any action in which the plaintiff's sole allegation is
an allegation of an intentional tort.
(7) Medical malpractice liability claim.--The term
``medical malpractice liability claim'' means a claim in which
the claimant alleges that injury was caused by the provision of
(or the failure to provide) health care services or the use of
a medical product.
(8) Medical product.--
(A) In general.--The term ``medical product''
means, with respect to the allegation of a claimant, a
drug (as defined in section 201(g)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a
medical device (as defined in section 201(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))
if--
(i) such drug or device was subject to
premarket approval under section 505, 507, or
515 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355, 357, or 360e) or section 351 of
the Public Health Service Act (42 U.S.C. 262)
with respect to the safety of the formulation
or performance of the aspect of such drug or
device which is the subject of the claimant's
allegation or the adequacy of the packaging or
labeling of such drug or device, and such drug
or device is approved by the Food and Drug
Administration; or
(ii) the drug or device is generally
recognized as safe and effective under
regulations issued by the Secretary of Health
and Human Services under section 201(p) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(p)).
(B) Exception in case of misrepresentation or
fraud.--Notwithstanding subparagraph (A), the term
``medical product'' shall not include any product
described in such subparagraph if the claimant shows
that the product is approved by the Food and Drug
Administration for marketing as a result of withheld
information, misrepresentation, or an illegal payment
by manufacturer of the product.
(9) Noneconomic damages.--The term ``noneconomic damages''
means damages paid to compensate an individual for physical and
emotional pain, suffering, inconvenience, physical impairment,
mental anguish, disfigurement, loss of enjoyment of life, loss
of consortium, and other nonpecuniary losses, but does not
include punitive damages.
(10) Punitive damages.--The term ``punitive damages'' means
compensation, in addition to compensation for actual harm
suffered, that is awarded for the purpose of punishing a person
for conduct deemed to be malicious, wanton, willful, or
excessively reckless.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
SEC. 6. EFFECTIVE DATE.
This Act shall apply with respect to claims accruing or actions
brought on or after the date of the enactment of this Act. | Medical Malpractice Reform Act of 1994 - Limits to $250,000 the total amount of noneconomic damages that may be awarded to a claimant and members of the claimant's family for losses resulting from the injury which is the subject of a medical malpractice liability claim or action (claim), regardless of the number of parties against whom the claim is brought or the number of actions brought.
Provides for a reduction of the total amount of damages received by an individual under such claim by any other payment made to compensate for the injury.
Specifies that, in any such claim in which future economic damages exceed $100,000, a defendant shall be permitted to make payments periodically, rather than in a single, lump-sum payment, based on when the damages are found likely to occur. Permits a court to waive such provision if the court determines that it is not in the plaintiff's best interests to receive payments on a periodic basis.
Prohibits an attorney from charging or collecting a contingency fee for services rendered in connection with such a claim in excess of: (1) 25 percent of the first $150,000 (or portion thereof) recovered, plus; (2) ten percent of any amount in excess of $150,000 recovered.
Makes this Act applicable to any such claim brought in State or Federal court, except with respect to a claim for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies.
Sets forth provisions regarding: (1) preemption; and (2) effect on sovereign immunity and choice of law or venue. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Olympic Committee
Paralympic Program Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In 1998, Congress enacted the Olympic and Amateur
Sports Act Amendments of 1998, which amended chapter 2205 of
title 36, United States Code, which included a statement that
the purpose of the Act was ``to encourage and provide
assistance to amateur athletic programs and competition for
amateur athletes with disabilities, including, where feasible,
the expansion of opportunities for meaningful participation by
such amateur athletes in programs of athletic competition for
able-bodied amateur athletes''.
(2) The United States Olympic Committee manages and
administers the Paralympic Program for physically disabled
athletes.
(3) In 2005, the United States Olympic Committee entered
into a memorandum of understanding with the Secretary of
Veterans Affairs to expand the Paralympic Program to provide
special training and rehabilitation to disabled veterans and
disabled members of the Armed Forces as part of their
rehabilitation and return to an active lifestyle.
(4) The Paralympic Program has a significant positive
effect on the quality of life of such veterans and
servicemembers, including helping to improve the mobility,
vitality, and physical, psychological, and social well-being of
disabled veterans and disabled members of the Armed Forces who
participate in the program and reducing the incidence of
secondary medical conditions in those participants.
(5) Because of Operation Iraqi Freedom and Operation
Enduring Freedom, the number of disabled veterans and disabled
members of the Armed Forces has increased substantially and it
is therefore necessary to expand the scope and size of the
Paralympic Program to provide rehabilitative services through
sports to disabled veterans and members of the Armed Forces.
(b) Purpose.--The purposes of this Act are as follows:
(1) To promote the life-long health of disabled veterans
and disabled members of the Armed Forces through regular
participation in physical activity and sports.
(2) To develop a system that promotes disabled sports from
the local level through elite levels by creating partnerships
among organizations specializing in supporting, training, and
promoting programs for disabled athletes.
(3) To provide training and support to local organizations
to provide Paralympic sports training to disabled veterans and
disabled members of the Armed Forces in their own communities.
(4) To provide support to the United States Olympic
Committee for the Paralympic Program to increase the
participation of disabled veterans and disabled members of the
Armed Forces in sports as part of their rehabilitation.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO
UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM.
(a) Provision of Assistance Authorized.--Subchapter II of chapter 5
of title 38, United States Code, is amended by inserting after section
521 the following:
``Sec. 521A. Assistance for the United States Olympic Committee
Paralympic Program
``(a) Authorization To Provide Assistance.--The Secretary may make
grants to the United States Olympic Committee to plan, develop, manage,
and implement the Paralympic Program for disabled veterans and disabled
members of the Armed Forces.
``(b) Oversight by Secretary.--As a condition of receiving a grant
under this section, the United States Olympic Committee shall permit
the Secretary to conduct such oversight of the use of grant funds as
the Secretary determines is appropriate.
``(c) Application Requirement.--(1) Before the Secretary may make a
grant to the United States Olympic Committee under this section, the
Committee shall submit to the Secretary an application that describes
the activities to be carried out with the grant, including information
on specific measurable goals and objectives to be achieved using grant
funds. The application shall include a detailed description of all
partnerships referred to in paragraph (2) at the national and local
levels that will be participating in such activities and the amount of
grant funds that will be made available for each of such partnerships.
``(2) Partnerships.--Partnerships referred to in this paragraph are
agreements between the United States Olympic Committee and national
organizations with significant experience in the training and support
of disabled athletes and the promotion of disabled sports at the local
and national levels. Such organizations include Disabled Sports USA,
Blaze Sports, Paralyzed Veterans of America, and Disabled American
Veterans. The agreements shall detail the scope of activities and
funding provided by the United States Olympic Committee to the partner.
``(d) Use of Funds.--(1) The United States Olympic Committee, with
the assistance and cooperation of the Secretary and the heads of other
appropriate Federal and State departments and agencies and partnerships
referred to in subsection (c)(2), shall use a grant under this section
to recruit, support, encourage, schedule, facilitate, supervise, and
implement the activities described in paragraph (3) for disabled
veterans and disabled members of the Armed Forces either directly or by
supporting a program described in paragraph (2).
``(2) A program described in this paragraph is a sport program
that--
``(A) promotes basic physical activity, games, recreation,
training, and competition;
``(B) is approved by the Secretary; and
``(C)(i) provides services and activities described in
paragraph (3) for disabled veterans and disabled members of the
Armed Forces; and
``(ii) may also provide services and activities described
in paragraph (3) for individuals with disabilities who are not
veterans or members of the Armed Forces, or both; except that
funds made available to carry out this section may not be used
to support those individuals with disabilities who are not
veterans or members of the Armed Forces.
``(3) Activities described in this paragraph are--
``(A) instruction, participation, and competition in
Paralympic sports;
``(B) training and technical assistance to program
administrators, coaches, recreational therapists, instructors,
Department employees, and other appropriate individuals; and
``(C) coordination, Paralympic classification of athletes,
athlete assessment, sport-specific training techniques, program
development (including programs at the local level), program-
specific medical and personal care support, sports equipment,
supplies, program evaluation, and other activities related to
the implementation and operation of the program.
``(4) A grant made under this section may include, at the
discretion of the Secretary, an amount for administrative expenses, but
not to exceed ten percent of the amount of the grant.
``(5) Funds made available by the United States Olympic Committee
to a grantee under subsection (c) may include an amount for
administrative expenses, but not to exceed ten percent of the amount of
such funds.
``(e) Outreach Requirement.--The Secretary shall conduct an
outreach campaign to inform all eligible veterans and separating
members of the Armed Forces with physical disabilities about the
existence of the Paralympic Program and shall provide for, facilitate,
and encourage participation of such veterans and separating
servicemembers in programs under this section to the extent possible.
``(f) Coordination.--The Secretary shall ensure access to and use
of appropriate Department facilities by disabled veterans and disabled
members of the Armed Forces participating in the Paralympic Program to
the maximum extent possible and to the extent that such access and use
does not adversely affect any other assistance provided to veterans.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $8,000,000 annually to carry out this section.
``(h) Separate Accounting.--The Department shall have a separate
line item in budget proposals of the Department for funds to be
appropriated to carry out this section. Funds appropriated to carry out
this section shall not be commingled with any other funds appropriated
to the Department.
``(i) Limitation on Use of Funds.--Except as provided in
subsections (d)(4) and (d)(5), funds appropriated to carry out this
section may not be used to support or provide services to individuals
who are not disabled veterans or disabled members of the Armed
Forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
521 the following new item:
``521A. Assistance for United States Olympic Committee Paralympic
Program.''.
(c) Deadline for Memorandum of Understanding.--The Secretary of
Veterans Affairs may not award a grant under section 521A of title 38,
United States Code, as added by subsection (a), until the United States
Olympic Committee has entered into a memorandum of understanding or
cooperative agreement with the Secretary regarding implementation of
the Paralympic Program. Such agreement shall be concluded not later
than 180 days after the date of the enactment of this Act.
SEC. 4. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS
SPORTS PROGRAMS AND SPECIAL EVENTS.
(a) Establishment of Office of National Veterans Sports Programs
and Special Events.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 321. Office of National Veterans Sports Programs and Special
Events
``(a) Establishment.--There is in the Department an Office of
National Veterans Sports Programs and Special Events. There is at the
head of the Office a Director, who shall report directly to the
Assistant Secretary for Public and Intergovernmental Affairs of the
Department.
``(b) Responsibilities of Director.--Subject to the direction of
the Secretary, the Director--
``(1) shall establish and carry out qualifying programs and
events;
``(2) may provide for sponsorship by the Department of
qualifying programs and events;
``(3) may provide for, facilitate, and encourage
participation by disabled veterans in qualifying programs and
events; and
``(4) shall cooperate with the United States Olympic
Committee and its subsidiaries to promote the participation of
disabled veterans and disabled members of the Armed Forces in
sporting events sponsored by the United States Olympic
Committee and its subsidiaries.
``(c) Qualifying Program or Event.--For purposes of this section, a
qualifying program or event is a sports program or other event in which
disabled veterans and disabled members of the Armed Forces participate
and that is approved by the Secretary as being consistent with the
goals and missions of the Department.
``(d) Monthly Assistance Allowance.--(1) The Director may provide a
monthly assistance allowance to a veteran with a disability invited by
the United States Olympic Committee to compete for a slot on, or
selected for, the Paralympic Team for any month in which the veteran is
training or competing in any event sanctioned by the United States
Olympic Committee or who is residing at a United States Olympic
Committee training center.
``(2) The amount of the monthly assistance payable to a veteran
under paragraph (1) shall be equal to the monthly amount of subsistence
allowance that would be payable to the veteran under chapter 31 of this
title if the veteran were eligible for and entitled to rehabilitation
under such chapter.
``(3) Any amount of assistance paid to a veteran under this
subsection shall be in addition to any other assistance available to
the veteran under any other provision of law.
``(4) There is authorized to be appropriated to carry out this
subsection $2,000,000 for fiscal year 2009 and thereafter.
``(e) Limitation on Statutory Construction.--Nothing in this
section shall be construed as a limitation on current disabled sports
and special events supported by the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``321. Office of National Veterans Sports Programs and Special
Events.''.
(c) Responsibilities of Under Secretary for Health.--The Secretary
of Veterans Affairs shall direct the Under Secretary for Health of the
Department of Veterans Affairs--
(1) to make available, to the maximum extent possible,
recreational therapists, physical therapists, and other medical
staff to facilitate participation of veterans in sporting
events conducted under the auspices of the United States
Olympic Committee;
(2) to allow such personnel to participate in the United
States Olympic Committee Paralympic Program without requiring
the use of personal leave; and
(3) to support other similar activities or events as those
described in this section and determined to be appropriate by
the Secretary. | United States Olympic Committee Paralympic Program Act of 2008 - Authorizes the Secretary of Veterans Affairs to make grants to the U.S. Olympic Committee (USOC) to plan, develop, manage, and implement the Paralympic Program for disabled veterans and disabled members of the Armed Forces.
Directs the USOC to use a grant to recruit, support, encourage, schedule, facilitate, supervise, and implement paralympic instruction, participation, and competition activities, training and technical assistance, and coordination, program development, and other specified activities for veterans and members of the Armed Forces with physical disabilities.
Sets forth outreach, coordination, application, and memorandum of understanding requirements.
Establishes in the Department of Veterans Affairs (VA) an Office of National Veterans Sports Programs and Special Events to establish, carry out, and provide for VA sponsorship of and participation by disabled veterans in qualifying programs and events. Authorizes the Office Director to provide a monthly assistance allowance to a disabled veteran invited by the USOC to compete for, or selected for, the Paralympic Team.
Requires the Secretary to direct the Under Secretary for Health of the VA to: (1) make available recreational and physical therapists and other medical staff to facilitate veteran participation in sporting events conducted under the auspices of the USOC; (2) allow such personnel to participate in the USOC Paralympic Program without requiring the use of personal leave; and (3) support other similar activities or events. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superfund Equity and Megasite
Remediation Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 established a Federal Superfund trust
fund for the purpose of hazardous substance removal and
remediation at sites across the Nation.
(2) The release of hazardous substances may threaten and
impair public health, the local environment, community
infrastructure, the economy, and social well being.
(3) The Environmental Protection Agency has evaluated more
than 45,000 sites and has currently listed 1,086 non-Federal
sites on the National Priorities List.
(4) One in 4 Americans lives within 3 miles of a Superfund
site.
(5) The expiration of the Superfund crude oil, chemical
feedstock, and corporate taxes in 1995 has contributed to a
funding shortfall and has shifted the burden of cleanup to the
general public, which has prevented numerous Superfund sites
from receiving new construction funding in fiscal years 2004,
2005, and 2006 and slowed the pace of existing cleanups.
(6) Delayed and slowed Superfund cleanup actions magnify
public health risks and increase total remediation costs.
(7) Responsible parties or potentially responsible parties
would continue to be liable for hazardous releases under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 after reestablishment of Superfund taxes.
(8) Although costs vary from site to site, costs at some
sites are substantial and place a greater demand on the
Hazardous Substance Superfund resources to clean up
contamination.
(9) The Environmental Protection Agency generally considers
Superfund sites where cleanup costs exceed $50,000,000 to be
megasites.
(10) Megasites typically are among the larger, more
complex, and more severely contaminated of sites, presenting
the greatest cleanup challenges. As such, megasites are a
substantial factor driving future funding needs to clean up
hazardous substances under the Superfund program.
(11) The Environmental Protection Agency commits a large
percentage of annual Superfund obligations for long-term
ongoing cleanup work at only a few sites. These megasites
siphon funding from other Superfund sites and result in
construction delays. In fiscal year 2006, 45 percent of funds
for Superfund construction and post-construction activities
went to only 14 sites.
(12) As more megasites move beyond the analysis and design
phase into actual construction, funding needs for these sites
will increase. The average annual cost per megasite is
projected to be at least $140,000,000.
(13) Megasites differ from non-megasites in that they
require more resources over the long term to address
complexities associated with developing remedies and cleaning
up contamination that can cover many square miles and may
involve multiple communities, responsible parties, Indian
Tribes, or States.
(14) For some megasites there is no ascertainable final
remedy because remediation may involve decades of sequential
actions, and institutional controls may be required in
perpetuity. According to the Environmental Protection Agency,
more than half of the mining sites currently listed on the
National Priorities List will require operation and maintenance
in perpetuity.
(15) Responsible parties may not be able to fund megasite
remediation activities that are anticipated to last for decades
or longer. The lack of a dedicated revenue stream raises
serious concerns about how a remediation program expected to
last for decades, if not centuries, can be successfully
implemented.
(16) At megasites with no viable responsible parties, the
Federal Government pays 90 percent of the construction costs,
with the State paying the other 10 percent. Once construction
is completed, the State is solely responsible for paying all
operation and maintenance costs, a time frame that for many
megasites may extend in perpetuity.
SEC. 3. SUPERFUND TAXES.
(a) Permanent Extension.--
(1) Excise taxes.--Section 4611(e) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(e) Application of Hazardous Substance Superfund Financing
Rate.--
``(1) In general.--Except as provided in paragraph (2), the
Hazardous Substance Superfund financing rate under this section
shall apply after December 31, 1986, and before January 1,
1996, and after the date of the enactment of the Superfund
Equity and Megasite Remediation Act of 2007 or if later, the
date which is 30 days after the last day of any calendar
quarter for which the Secretary estimates that, as of the close
of that quarter, the unobligated balance in the Hazardous
Substance Superfund is less than $5,700,000,000.
``(2) No tax if unobligated balance in fund exceeds
$5,700,000,000.--The Hazardous Substance Superfund financing
rate shall not apply during a calendar quarter if the Secretary
estimates that, as of the close of the preceding calendar
quarter, the unobligated balance in the Hazardous Substance
Superfund exceeds $5,700,000,000.''.
(2) Corporate environmental income tax.--Section 59A(e) of
such Code is amended to read as follows:
``(e) Application of Tax.--
``(1) In general.--Except as provided in paragraph (2), the
tax imposed by this section shall apply to taxable years
beginning after December 31, 1986, and before January 1, 1996,
and to taxable years beginning after the date of the enactment
of the Superfund Equity and Megasite Remediation Act of 2007 or
if later, the date which is 30 days after the last day of any
calendar quarter for which the Secretary estimates that, as of
the close of that quarter, the unobligated balance in the
Hazardous Substance Superfund is less than $5,700,000,000.
``(2) No tax if unobligated balance in fund exceeds
$5,700,000,000.--The tax imposed by this section shall not
apply during a calendar quarter if the Secretary estimates
that, as of the close of the preceding calendar quarter, the
unobligated balance in the Hazardous Substance Superfund
exceeds $5,700,000,000.''.
(3) Technical amendments.--
(A) Section 4611(b) of such Code is amended--
(i) by striking ``or exported from'' in
paragraph (1)(A),
(ii) by striking ``or exportation'' in
paragraph (1)(B), and
(iii) by striking ``and Exportation'' in
the heading.
(B) Section 4611(d)(3) of such Code is amended--
(i) by striking ``or exporting the crude
oil, as the case may be'' in the text and
inserting ``the crude oil'', and
(ii) by striking ``or exports'' in the
heading.
(b) Temporary Tax Increase for Cleanup of Certain Superfund
Sites.--
(1) In general.--Subsection (c) of section 4611 of such
Code is amended by adding at the end the following new
paragraph:
``(3) Temporary rate increase to fund cleanup of certain
superfund sites.--During the period beginning on January 1,
2008, and ending on December 31, 2012, the rate of tax
specified by subparagraph (A) of paragraph (2) shall be
increased by the amount equal to 50 percent of such rate.''.
(2) Certain chemicals and imported substances.--Section
4661 of such Code (relating to imposition of tax on certain
chemicals) is amended by adding at the end the following:
``(d) Temporary Increase To Fund Cleanup of Certain Superfund
Sites.--During the period beginning on January 1, 2008, and ending on
December 31, 2012, each amount of tax per ton with respect to a
substance specified in subsection (b) shall be increased by an amount
equal to 50 percent of such amount.''.
(3) Temporary increase in corporate environmental income
tax cleanup of certain superfund sites.--Subsection (a) of
section 59A of such Code (relating to imposition of tax) is
amended by adding at the end the following flush sentence: ``In
the case of taxable years beginning on or after January 1,
2008, and ending on or before December 31, 2012, the preceding
sentence shall be applied by substituting `0.18 percent' for
`0.12 percent'.''.
(4) Separate accounting for cleanup funds.--Section 9507 of
such Code (relating to Hazardous Substance Superfund) is
amended by adding at the end the following new subsection:
``(f) Establishment of Megasites and High Risk Sites Cleanup
Account.--
``(1) Creation of account.--There is established in the
Hazardous Substance Superfund a separate account to be known as
the `Megasites and High Risk Sites Cleanup Account' consisting
of such amounts as may be transferred or credited to the
Megasites and High Risk Sites Cleanup Account as provided in
this subsection or section 9602(b).
``(2) Transfers to account.--The Secretary shall transfer
to the Megasites and High Risk Sites Cleanup Account from the
amounts appropriated to Superfund under subsection (b) amounts
equal to--
``(A) the increase in the tax imposed under section
59A by reason of the last sentence of subsection (a)
thereof,
``(B) the increase in the tax imposed under section
4611(c) by reason of paragraph (3) thereof,
``(C) the increase in the tax imposed under section
4661 by reason of subsection (d) thereof, and
``(D) the increase in the tax imposed under section
4671 by reason of the increase in tax under section
4661(d).
``(3) Expenditures from account.--Amounts in the Megasites
and High Risk Sites Cleanup Account shall be available, as
provided by appropriation Acts, for making expenditures in
accordance with section 4 of the Superfund Equity and Megasite
Remediation Act of 2007.
``(4) Reversion of unexpended funds.--Amounts remaining in
the Megasites and High Risk Sites Cleanup Account shall revert
to the Hazardous Substance Superfund on the date which is the
later of--
``(A) December 31, 2013, or
``(B) the date as of which the Administrator of the
Environmental Protection Agency makes the determination
under section 4 of such Act.''.
(c) Effective Dates.--
(1) Excise taxes.--The amendments made by subsections (a)
(other than paragraph (2) thereof) and (b) (other than
paragraph (3) thereof shall take effect on the date of the
enactment of this Act.
(2) Income tax.--The amendments made by subsections (a)(2)
and (b)(3) shall apply to taxable years beginning after the
date of the enactment of this Act.
SEC. 4. EXPENDITURES FROM TRUST FUND.
Amounts in the Megasites Cleanup and High Risk Sites Account
established under section 9507(f) of the Internal Revenue Code of 1986
shall be used only for making expenditures in accordance with such
section 9507(f) with respect to any site on the National Priorities
List under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (``Superfund'')--
(1) at which response is cumulatively estimated by the
Administrator of the Environmental Protection Agency to cost
more than $50,000,000, or
(2) the Administrator has designated as presenting high
health risks, including sites where hazardous substance
exposure to humans remains uncontrolled,
until such time as the Administrator determines by rule that no
response actions are necessary to protect human health and the
environment with respect to such sites. Before initiating a rulemaking
under this section, the Administrator shall notify the Congress of the
intention to initiate the rulemaking.
SEC. 5. ANNUAL REPORTS TO CONGRESS.
(a) In General.--The Administrator of the Environmental Protection
Agency shall submit to the Congress each year, not later than 45 days
after the date on which the President submits to the Congress the
budget for a fiscal year, a report on the progress of response actions
funded by the Hazardous Substance Superfund with respect to each non-
Federal site placed on the National Priorities List.
(b) Contents of Report.--Each such report shall include, with
respect to response actions at each site, the following:
(1) A statement of the number of sites at which a hazardous
substance has been identified.
(2) A statement of the status of response actions proposed for or
initiated at each site.
(3) A statement of the total cost estimated for such response
actions at each site.
(4) A statement of the amount of funds obligated by the
Administrator for such response actions at each site, and the progress
made in implementing the response actions at each site during the
fiscal year preceding the year in which the report is submitted,
including an explanation of--
(A) any cost overruns for such response actions, if the
amount of funds obligated for those response actions exceeds
the estimated cost for those response actions by the greater of
15 percent of the estimated cost or $10,000,000; and
(B) any deviation in the schedule of more than 180 days for
such response actions at each site.
(5) A statement of the amount of funds allocated by the
Administrator for, and the anticipated progress in implementing, such
response actions during the fiscal year in which the report is
submitted.
(6) A statement of the amount of funds requested for such response
actions for the 5 fiscal years following the fiscal year in which the
report is submitted, and the anticipated progress in implementing such
response actions for the fiscal year for which the budget is submitted.
(7) A statement of the total costs incurred for such response
actions as of the date of the submission of the report.
(8) A statement of the estimated cost of completing all response
actions required with respect to each site, including, where relevant,
the estimated cost of such activities in each of the 5 fiscal years
following the fiscal year in which the report is submitted.
(9) A statement of the estimated schedule for completing all
response actions at each site.
(10) A statement of the activities, if any, including expenditures
for grants awarded to communities for technical assistance. | Superfund Equity and Megasite Remediation Act of 2007 - Amends the Internal Revenue Code to reinstate the Hazardous Substance Superfund financing rate and the corporate environmental income tax, except in certain calendar quarters in which the unobligated balance in the Hazardous Substance Superfund exceeds $5.7 billion. Provides for a 50% increase in the Hazardous Substance Superfund financing rate and the corporate environmental income tax between 2008 and 2013 to fund response actions at Superfund sites estimated to cost more than $50 million (megasites) or which pose high health risks.
Establishes the Megasites and High Risk Sites Cleanup Account in the Hazardous Substance Superfund. Transfers to such Account revenues resulting from the temporary 50% increase in the Hazardous Substance Superfund financing rate and the corporate environmental income tax.
Requires the Administrator of the Environmental Protection Agency (EPA) to report to Congress annually on the progress of response actions funded by the Hazardous Substance Superfund. | billsum_train |
Make a brief summary of the following text: SECTION. 1. BAN ON TRADE OFFICIAL REPRESENTING OR ADVISING FOREIGN
ENTITIES.
(a) Representing After Service.--Section 207(f)(2) of title 18,
United States Code, is amended by--
(1) inserting ``, Deputy United States Trade
Representative, Secretary of Commerce, or Commissioner of the
International Trade Commission'' after ``is the United States
Trade Representative''; and
(2) striking ``within 3 years'' and inserting ``at any
time''.
(b) Limitation on Appointments.--Section 141(b) of the Trade Act of
1974 (19 U.S.C. 2171(b)) is amended by adding at the end the following
new paragraph:
``(3) Limitation on appointments.--A person who has
directly represented, aided, or advised a foreign entity (as
defined by section 207(f)(3) of title 18, United States Code)
in any trade negotiation, or trade dispute, with the United
States may not be appointed as United States Trade
Representative, Deputy United States Trade Representative,
Secretary of Commerce, or Commissioner of the International
Trade Commission.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to an individual appointed as United States Trade
Representative, Deputy United States Trade Representative, Secretary of
Commerce, or Commissioner of the International Trade Commission on or
after the date of enactment of this Act.
SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CERTAIN FOREIGN
ENTITIES.
(a) Amendment.--Section 207(f) of title 18, United States Code, is
amended to read as follows:
``(f) Restrictions Relating to Foreign Entities.--
``(1) Permanent restriction.--Any person who is an officer
or employee described in paragraph (3) and who, after the
termination of his or her service or employment as such officer
or employee, knowingly acts as an agent or attorney for or
otherwise represents or advises, for compensation, a government
of a foreign country or a foreign political party, if the
representation or advice relates directly to a matter in which
the United States is a party or has a direct and substantial
interest, shall be punished as provided in section 216 of this
title.
``(2) Five-year restriction.--Any person who is an officer
or employee described in paragraph (3) and who, within 5 years
after the termination of his or her service or employment as
such officer or employee, knowingly acts as an agent or
attorney for or otherwise represents or advises, for
compensation--
``(A) a person outside of the United States, unless
such person--
``(i) if an individual, is a citizen of and
domiciled within the United States, or
``(ii) if not an individual, is organized
under or created by the laws of the United
States or of any State or other place subject
to the jurisdiction of the United States and
has its principal place of business within the
United States, or
``(B) a partnership, association, corporation,
organization, or other combination of persons organized
under the laws of or having its principal place of
business in a foreign country,
if the representation or advice relates directly to a matter in
which the United States is a party or has a direct and
substantial interest, shall be punished as provided in section
216 of this title.
``(3) Persons to whom restrictions apply.--The officers and
employees referred to in paragraphs (1) and (2) to whom the
restrictions contained in such paragraphs apply are--
``(A) the President of the United States; and
``(B) any person subject to the restrictions
contained in subsection (c), (d), or (e).
``(4) Definitions.--For purposes of this subsection--
``(A) the term `compensation' means any payment,
gift, benefit, reward, favor, or gratuity which is
provided, directly or indirectly, for services
rendered;
``(B) the term `government of a foreign country'
has the meaning given that term in section 1(e) of the
Foreign Agents Registration Act of 1938, as amended;
``(C) the term `foreign political party' has the
meaning given that term in section 1(f) of the Foreign
Agents Registration Act of 1938, as amended;
``(D) the term `United States' means the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
``(E) the term `State' includes the District of
Columbia and any commonwealth, territory, or possession
of the United States.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by subsection (a) take effect on January 1, 1996.
(2) Effect on employment.--
(A) The amendment made by subsection (a) does not,
except as provided in subparagraph (B), apply to a
person whose service as an officer or employee to which
such amendment apply terminated before the effective
date of such amendment.
(B) Subparagraph (A) does not preclude the
application of the amendment made by subsection (a) to
a person with respect to service as an officer or
employee by that person on or after the effective date
of such amendment.
SEC. 3. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT.
(a) Definitions.--
(1) Agent of a foreign principal.--
(A) In general.--Section 1(c) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C.
611(c)), is amended--
(i) by striking ``agent of a foreign
principal'' each place it appears and inserting
``representative of a foreign principal'';
(ii) in paragraph (1)(iv), by striking
``and'' after the semicolon at the end;
(iii) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(3) any person who engages in political activities for
purposes of furthering commercial, industrial, or financial
operations with a foreign principal.
For purposes of clause (1), a foreign principal shall be considered to
control a person in major part if the foreign principal holds more than
50 percent equitable ownership in such person or, subject to rebuttal
evidence, if the foreign principal holds at least 20 percent but not
more than 50 percent equitable ownership in such person.''.
(B) Further definition.--Section 1(d) of that Act
(22 U.S.C. 611(d)) is amended to read as follows:
``(d) The term `representative of a foreign principal' does not
include--
``(1) any news or press service or association organized
under the laws of the United States or of any State or other
place subject to the jurisdiction of the United States, or any
newspaper, magazine, periodical, or other publication for which
there is on file with the United States Postal Service
information in compliance with section 3685 of title 39, United
States Code, published in the United States, solely by virtue
of any bona fide news or journalistic activities, including the
solicitation or acceptance of advertisements, subscriptions, or
other compensation therefor, so long as it is at least 80
percent beneficially owned by, and its officers and directors,
if any, are citizens of the United States, and such news or
press service or association, newspaper magazine, periodical,
or other publication, is not owned, directed, supervised,
controlled, subsidized, or financed, and none of its policies
are determined by any foreign principal defined in subsection
(b) of this section, or by any representative of a foreign
principal required to register under this Act; or
``(2) any incorporated, nonprofit membership organization
organized under the laws of the United States or of any State
or other place subject to the jurisdiction of the United States
that is registered under section 308 of the Federal Regulation
of Lobbying Act and has obtained tax-exempt status under
section 501(c) of the Internal Revenue Code of 1986 and whose
activities are directly supervised, directed, controlled,
financed, or subsidized in whole by citizens of the United
States.''.
(2) Political promotional or informational materials.--
Section 1(j) of that Act (22 U.S.C. 611(j)) is amended--
(A) in the matter preceding clause (1), by striking
``propaganda'' and inserting ``promotional or
informational materials''; and
(B) in clause (1), by striking ``prevail upon,
indoctrinate, convert, induce, or in any other way''
and inserting ``in any way''.
(3) Political activities.--Section 1(o) of that Act (22
U.S.C. 611(o)) is amended--
(A) by striking ``prevail upon, indoctrinate,
convert, induce, persuade, or in any other way'' and
inserting ``in any way''; and
(B) by striking ``or changing the domestic or
foreign'' and inserting ``enforcing, or changing the
domestic or foreign laws, regulations, or''.
(4) Political consultant.--Section 1(p) of that Act (22
U.S.C. 611(p)) is amended--
(A) by inserting ``(1)'' after ``any person''; and
(B) by inserting before the semicolon at the end
the following: ``, or (2) who distributes political
promotional or informational materials to an officer or
employee of the United States Government, in his or her
capacity as such officer or employee''.
(b) Supplemental Registration.--Section 2(b) of that Act (22 U.S.C.
612(b)) is amended--
(1) in the first sentence by striking ``, within thirty
days'' and all that follows through ``preceding six months'
period'' and inserting ``on January 31 and July 31 of each year
file with the Attorney General a supplement thereto under oath,
on a form prescribed by the Attorney General, which shall set
forth regarding the six-month periods ending the previous
December 31, and June 30, respectively, or, if a lesser period,
the period since the initial filing,''; and
(2) by inserting after the first sentence the following new
sentence: ``Any registrant using an accounting system with a
fiscal year which is different from the calendar year may
petition the Attorney General to permit the filing of
supplemental statements at the close of the first and seventh
month of each such fiscal year in lieu of the dates specified
by the preceding sentence.''.
(c) Removal of Exemption for Certain Countries.--Section 3(f) of
that Act (22 U.S.C. 613(f)) is repealed.
(d) Limiting Exemption for Legal Representation.--Section 3(g) of
that Act (22 U.S.C. 613(g)) is amended by striking ``or any agency of
the Government of the United States'' and all that follows through
``informal'' and inserting ``or before the Patent and Trademark Office,
including any written submission to that Office''.
(e) Notification of Reliance on Exemptions.--Section 3 of that Act
(22 U.S.C. 613) is amended by adding at the end the following:
``Any person who does not register under section 2(a) on account of
any provision of subsections (a) through (g) of this section shall so
notify the Attorney General in such form and manner as the Attorney
General prescribes.''.
(f) Civil Penalties and Enforcement Provisions.--Section 8 of that
Act (22 U.S.C. 618) is amended by adding at the end the following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file when such filing is required a
registration statement under section 2(a) or a supplement
thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay for each violation committed a civil penalty
of not less than $2,000 and not more than $1,000,000. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) Whenever the Attorney General has reason to believe that
any person may be in possession, custody, or control of any documentary
material relevant to an investigation regarding any violation of
paragraph (1) of this subsection or of section 5, the Attorney General
may, before bringing any civil or criminal proceeding thereon, issue in
writing, and cause to be served upon such person, a civil investigative
demand requiring such person to produce such material for examination.
``(B) Civil investigative demands issued under this paragraph shall
be subject to the applicable provisions of section 1968 of title 18,
United States Code.''.
(g) Change in Short Title of the Act.--Section 14 of that Act (22
U.S.C. 611 note) is amended by striking ``Foreign Agents Registration
Act of 1938, as amended'' and inserting ``Foreign Interests
Representation Act''.
(h) References to Agent of a Foreign Principal.--The Foreign Agents
Registration Act of 1938, as amended is amended--
(1) by striking ``agent of a foreign principal'' each place
it appears and inserting ``representative of a foreign
principal'';
(2) by striking ``agents of foreign principals'' each place
it appears and inserting ``representatives of foreign
principals'';
(3) by striking ``agent of such principal'' each place it
appears and inserting ``representative of such principal''; and
(4) by striking ``such agent'' each place it appears and
inserting ``such representative''.
(i) References to Political Propaganda.--
(1) The paragraph preceding section 1 of the Foreign Agents
Registration Act of 1938, as amended is amended by striking
``propaganda'' and inserting ``political''.
(2) The Foreign Interests Representation Act (other than
the paragraph amended by paragraph (1) of this subsection) is
amended by striking ``propaganda'' each place it appears and
inserting ``promotional or informational materials''.
(j) References to the Act.--
(1) Section 207(f)(2) of title 18, United States Code, is
amended by striking ``Foreign Agents Registration Act of 1938,
as amended,'' and inserting ``Foreign Interests Representation
Act''.
(2) Section 219 of title 18, United States Code, is
amended--
(A) in subsection (a) by striking ``agent of a
foreign principal required to register under the
Foreign Agents Registration Act of 1938, as amended,''
and inserting ``representative of a foreign principal
required to register under the Foreign Interests
Representation Act''; and
(B) in subsection (b)--
(i) by striking ``agent of a foreign
principal'' and inserting ``representative of a
foreign principal'';
(ii) by striking ``such agent'' and
inserting ``such representative''; and
(iii) by striking ``Foreign Agents
Registration Act of 1938, as amended'' and
inserting ``Foreign Interests Representation
Act''.
(3) Section 5210(4) of the Competitiveness Policy Council
Act (15 U.S.C. 4809(4)) is amended--
(A) by striking ``agent of a foreign principal''
and inserting ``representative of a foreign
principal''; and
(B) by striking ``subsection (d) of the first
section of the Foreign Agents Registration Act of 1938
(22 U.S.C. 611)'' and inserting ``section 1(d) of the
Foreign Interests Representation Act (22 U.S.C.
611(d)),''.
(4) Section 34(a) of the Trading With the Enemy Act (50
U.S.C. App. 34(a)) is amended by striking ``Act of June 8, 1934
(ch. 327, 52 Stat. 631), as amended'' and inserting ``Foreign
Interests Representation Act''.
SEC. 4. MISUSE OF NAME.
(a) Amendment.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1035. Misappropriation of Person's Name in Connection with
Lobbying Contact
``Whoever falsely uses or employs the name of any person, or causes
such name to be falsely used or employed, in any telegram, letter,
other printed or written matter, or electronic communication intended
or designed to influence in any manner a Member of Congress to favor or
oppose, by vote or otherwise, any legislation before the Congress or
any nomination pending before the Senate, whether before or after the
introduction of such legislation or the submission of such nomination,
for the purpose of conveying the impression that such person authorized
such use or employment of the person's name shall be fined under this
title or imprisoned for not more than one year, or both.''.
(b) Conforming amendment.--The table of sections for such chapter
47 is amended by adding at the end the following:
``1035. Misappropriation of person's name in connection with lobbying
contact.''.
SEC. 5. DISCLOSURES OF VISITS TO MEMBERS AND SENATORS.
(a) In General.--The Clerk of the House of Representatives and the
Secretary of the Senate shall jointly establish a registry to record
visits to Members of the House of Representatives and Senators by
lobbyists registered under any Federal law which requires lobbyists to
register. Such lobbyists shall record each such visit, including the
date of the visit and the subject of the visit. The registry shall be
open to the public.
(b) Effective Date.--Subsection (a) shall take effect January 1,
1996. | Amends the Federal criminal code to revise the ban against representing, aiding, or advising foreign entities on any person who has been the U.S. Trade Representative to extend the ban: (1) from three years after leaving the position to any time after leaving the position; and (2) to the Deputy U.S. Trade Representative, the Secretary of Commerce, and any Commissioner of the International Trade Commission.
(Sec. 1) Amends the Trade Act of 1974 to prohibit appointment as U.S. Trade Representative, Deputy U.S. Trade Representative, the Secretary of Commerce, or Commissioner of the International Trade Commission of any person who has represented, aided, or advised a foreign entity in any trade negotiation or trade dispute with the United States.
(Sec. 2) Amends the Federal criminal code to revise the post-Federal employment ban relating to foreign entities on certain senior and very senior personnel (including the Vice President) of the executive branch and independent agencies, and on members of Congress and officers and employees of the legislative branch. Applies the same ban to the President.
Makes such ban permanent with respect to knowingly acting as an agent or attorney for or otherwise representing or advising, for compensation, a foreign government or foreign political party, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest.
Sets a five-year ban on knowingly acting, for compensation, as an agent or attorney for or otherwise representing or advising in such a matter: (1) any person outside of the United States, unless such person is an individual U.S. citizen domiciled within the United States, or an organization created by Federal or State law with a principal place of business within the United States; or (2) any partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.
(Sec. 3) Amends the Foreign Agents Registration Act of 1938 to: (1) rename it the Foreign Interests Representation Act; (2) change "agent of a foreign principal" to "representative of a foreign principal"; and (3) cover as such a representative any person who engages in political activities for purposes of furthering commercial, industrial, or financial operations with a foreign principal.
Declares that a foreign principal controls a person in major part if the foreign principal holds: (1) more than 50 percent equitable ownership in such person; or (2) (subject to rebuttal evidence) between 20 percent and 50 percent equitable ownership in such person.
Excludes from the meaning of "representative of a foreign principal": (1) U.S.-organized news or press services or associations and newspapers and periodicals whose officers, directors, and at least 80 percent of whose beneficial owners are U.S. citizens, and which are not owned or financed by any representative of a foreign principal required to register under such Act; or (2) any U.S.-organized incorporated, nonprofit membership organization that is a registered lobbying organization whose activities are directly supervised or subsidized in whole by U.S. citizens.
Repeals the exemption from the registration requirements of such Act for persons, or their employees, whose foreign principal is the government of a foreign country whose defense is presidentially deemed vital to defense of the United States.
Revises the exemption from such registration requirements for lawyers engaged in legal representation of a disclosed foreign principal before any Federal agency to limit such exemption to legal representation before the Patent and Trademark Office.
Sets forth civil penalties for failure to file required registration statements, or for false statements, or omission of material facts from such statements.
(Sec. 4) Amends the Federal criminal code to set forth misdemeanor penalties for misappropriation of any person's name in connection with a lobbying contact about any legislation before the Congress or nomination pending before the Senate.
(Sec. 5) Directs the Clerk of the House of Representatives and the Secretary of the Senate to establish a joint registry to record visits by registered lobbyists to Members of the House and Senators. Requires lobbyists to record each such visit in the registry, including date and subject. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Protection Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
The Congress finds and declares that--
(1) the willingness of volunteers to offer their services
is deterred by potential for liability actions against them and
the organizations they serve;
(2) as a result, many nonprofit public and private
organizations and governmental entities, including voluntary
associations, social service agencies, educational
institutions, and other civic programs, have been adversely
affected by the withdrawal of volunteers from boards of
directors and service in other capacities;
(3) the contribution of these programs to their communities
is thereby diminished, resulting in fewer and higher cost
programs than would be obtainable if volunteers were
participating; and
(4) because Federal funds are expended on useful and cost-
effective social service programs, many of which are national
in scope, depend heavily on volunteer participation, and
represent some of the most successful public-private
partnerships, protection of volunteerism through clarification
and limitation of the personal liability risks assumed by the
volunteer in connection with such participation is an
appropriate subject for Federal legislation.
(b) Purpose.--The purpose of this Act is to promote the interests
of social service program beneficiaries and taxpayers and to sustain
the availability of programs, nonprofit organizations, and governmental
entities that depend on volunteer contributions by reforming the laws
to provide protection from personal financial liability to volunteers
serving nonprofit organizations and governmental entities for actions
undertaken in good faith on behalf of such organizations.
SEC. 3. PREEMPTION.
This Act preempts the laws of any State to the extent that such
laws are inconsistent with this Act, except that this Act shall not
preempt any State law that provides additional protections to
volunteers or category of volunteers from personal liability in the
performance of services for a nonprofit organization or governmental
organization.
SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.
(a) Liability Protection for Volunteers.--Except as provided in
subsections (b) and (d), no volunteer of a nonprofit organization or
governmental entity shall be liable for harm caused by an act or
omission of the volunteer on behalf of the organization or entity if--
(1) the volunteer was acting within the scope of the
volunteer's responsibilities in the nonprofit organization or
governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was properly
licensed, certified, or authorized by the appropriate
authorities for the activities or practice in the State, in
which the harm occurred, undertaken within the scope of the
volunteer's responsibilities in the nonprofit organization or
governmental entity; and
(3) the harm was not caused by willful or criminal
misconduct or a conscious, flagrant indifference to the rights
or safety of the individual harmed by the volunteer.
(b) Concerning Responsibility of Volunteers to Organizations and
Entities.--Nothing in this section shall be construed to affect any
civil action brought by any nonprofit organization or any governmental
entity against any volunteer of such organization or entity.
(c) No Effect on Liability of Organization or Entity.--Nothing in
this section shall be construed to affect the liability of any
nonprofit organization or governmental entity with respect to harm
caused to any person, except that in an action brought on the basis of
such liability punitive damages may not be awarded against such
organization or entity unless the harm was proximately caused by the
action of a volunteer of such organization or entity which was willful
or criminal or a conscious, flagrant indifference to the rights or
safety of the individual harmed.
(d) Exceptions to Volunteer Liability Protection.--If the laws of a
State limit volunteer liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit organization or
governmental entity to adhere to risk management procedures,
including mandatory training of volunteers.
(2) A State law that makes the organization or entity
liable for the acts or omissions of its volunteers to the same
extent as an employer is liable for the acts or omissions of
its employees.
(3) A State law that makes a limitation of liability
inapplicable if the volunteer was operating a motor vehicle,
vessel, aircraft, or other vehicle for which the State requires
the operator or vehicle owner to possess an operator's license
or to maintain insurance.
(4) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(5) A State law that makes a limitation of liability
applicable only if the nonprofit organization or governmental
entity provides a financially secure source of recovery for
individuals who suffer harm as a result of actions taken by a
volunteer on behalf of the organization or entity. A
financially secure source of recovery may be an insurance
policy within specified limits, comparable coverage from a risk
pooling mechanism, equivalent assets, or alternative
arrangements that satisfy the State that the organization or
entity will be able to pay for losses up to a specified amount.
Separate standards for different types of liability exposure
may be specified.
SEC. 5. DEFINITIONS.
For purposes of section 4:
(1) Economic loss.--The term ``economic losses'' means
objectively verifiable monetary losses, including past and
future medical expenses, loss of past and future earnings, cost
of obtaining replacement services in the home (including child
care, transportation, food preparation, and household care),
cost of making reasonable accommodations to a personal
residence, loss of employment, and loss of business or
employment opportunities.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation and all other
nonpecuniary losses of any kind or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means any organization described in section
501(c) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(6) Volunteer.--The term ``volunteer'' means an individual
performing services for a nonprofit organization or a
governmental entity who does not receive--
(A) compensation (other than reimbursement or
allowance for expenses actually incurred); or
(B) any other thing of value in lieu of
compensation,
in excess of $300 per year, and such term includes a volunteer
serving as a director, officer, trustee, or direct service
volunteer.
SEC. 6. EFFECTIVE DATE.
Section 4 applies to any claim for harm caused by an act or
omission of a volunteer filed on or after the date of enactment of this
Act, without regard to whether the harm that is the subject of the
claim or the conduct that caused the harm occurred before such date of
enactment. | Volunteer Protection Act of 1997 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity, provided harm was not caused by willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed, by the volunteer. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independence Hall Commemorative Coin
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) for 150 years, the historic buildings in Philadelphia,
Pennsylvania, known as Congress Hall, the Old City Hall, and
Independence Hall which housed the Liberty Bell, the symbol of
the heritage of free people in the United States, were under
the occasional care of local government units;
(2) the Federal Government decided that it was its
responsibility to preserve and maintain these sites and others
related to it for generations of Americans alive and yet to be
born;
(3) the recent years of financial exigency and growth of
the responsibility and sphere of service of the National Park
Service has prevented the ability to provide current capital
needs for these historic sites;
(4) in 1994, the people of the United States will mark the
anniversary of the adoption of the National Park Service of the
responsibility for the care and maintenance of Independence
Hall, the Liberty Bell, and other historic buildings which were
the birthplace of the United States of America; and
(5) the minting and issuance of a United States coin to
commemorate the ongoing maintenance and preservation of these
shrines is an appropriate method by which to commemorate this
action.
SEC. 3. COIN SPECIFICATIONS.
(a) Issuance.--The Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall issue not more than 1,000,000
$1 coins each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Design.--The design of the coins issued under subsection (a)
shall be emblematic of the shrines of liberty and shall show the
Liberty Bell on one side and the Independence Hall on the other. On
each coin there shall be a designation of the value of the coin, an
inscription of the year ``1994'', and inscription of the words
``Liberty'', ``In God We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(c) Numismatic Items.--The coins issued under subsection (a) shall
be numismatic items for purposes of section 5134 of title 31, United
States Code.
(d) Legal Tender.--The coins issued under subsection (a) shall be
legal tender as provided in section 5103 of title 31, United States
Code.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins authorized under
section 3 from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. SELECTION OF DESIGN.
The design for the coins authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Advisory
Committee in accordance with section 5135 of title 31, United
States Code.
SEC. 6. SALE OF COINS.
(a) In General.--Notwithstanding any other provision of law, the
coins authorized under section 3 shall be sold by the Secretary at a
price equal to the face value, plus the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery, and
overhead expenses), and the surcharge provided for in subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
authorized under section 3 at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins authorized under section 3 prior to the issuance of such
coins. Sales under this subsection shall be at a reasonable discount.
(d) Surcharges.--All sales of the coins authorized under section 3
shall include a surcharge of $7 per coin.
SEC. 7. ISSUANCE OF COINS.
(a) In General.--The coins authorized under section 3 may be issued
in uncirculated and proof qualities, except that not more than 1
facility of the United States Mint may be used to strike any particular
quality.
(b) Commencement of Issuance.--The Secretary may issue the coins
authorized under section 3 beginning on July 4, 1994.
(c) Period of Authority.--Coins authorized under section 3 may be
minted beginning 30 days after the date of enactment of this Act and
for a period of not more than 1 year after such date.
SEC. 8. GENERAL WAIVER OF PROCUREMENT RELATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods or services required to carry out this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
Of the total surcharges received by the Secretary from the sale of
coins in accordance with section 6 of this Act--
(1) 50 percent shall be returned to the Federal Treasury
for the purpose of reducing the national debt; and
(2) 50 percent shall be promptly paid by the Secretary to
the Independence Hall Preservation Fund for the purposes of--
(A) creating an endowment fund moneys from which
shall be used to meet the needs for capital
improvements in Independence National Historic Park;
(B) funding projects of capital replacement in
buildings in Independence National Historic Park; and
(C) funding those needs deemed appropriate by the
Directors of the fund to foster and increase the
respect and admiration of visitors to Independence
National Historic Park.
SEC. 10. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of the
Independence Hall Preservation Fund as may be related to the
expenditure of amounts paid under section 9.
SEC. 11. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins referred to in section 3 will not result in any net cost to
the Federal Government.
(b) Payment for Issuance of Coins.--No coin shall be issued under
this Act unless the Secretary has received--
(1) full payment for such coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment for such coin; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration. | Independence Hall Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the shrines of liberty, showing the Liberty Bell on one side and the Independence Hall on the other.
Mandates that surcharges from the sale of coins be distributed equally between the Treasury and the Independence Hall Preservation Fund. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Tax Rate Reduction
Act of 1999''.
(b) Section 15 Not To Apply.--The amendments made by section 2
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
SEC. 2. 5 PERCENTAGE POINT REDUCTION IN 15 AND 28 PERCENT INDIVIDUAL
INCOME TAX RATES OVER 10 YEARS.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by striking subsections (a)
through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $43,050...............
14.5% of taxable income.
Over $43,050 but not over
$104,050.
$6,242.25, plus 27.5% of the
excess over $43,050
Over $104,050 but not over
$158,550.
$23,017.25, plus 31% of the
excess over $104,050
Over $158,550 but not over
$283,150.
$39,912.25, plus 36% of the
excess over $158,550
Over $283,150..................
$84,768.25, plus 39.6% of the
excess over $283,150
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $34,550...............
14.5% of taxable income.
Over $34,550 but not over
$89,150.
$5,009.75, plus 27.5% of the
excess over $34,550
Over $89,150 but not over
$144,400.
$20,024.75, plus 31% of the
excess over $89,150
Over $144,400 but not over
$283,150.
$37,152.25, plus 36% of the
excess over $144,400
Over $283,150..................
$87,102.25, plus 39.6% of the
excess over $283,150
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $25,570...............
14.5% of taxable income.
Over $25,570 but not over
$62,450.
$3,707.65, plus 27.5% of the
excess over $25,570
Over $62,450 but not over
$130,250.
$13,849.65, plus 31% of the
excess over $62,450
Over $130,250 but not over
$283,150.
$34,867.65, plus 36% of the
excess over $130,250
Over $283,150..................
$89,911.65, plus 39.6% of the
excess over $283,150
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $21,525...............
14.5% of taxable income.
Over $21,525 but not over
$52,025.
$3,121.12, plus 27.5% of the
excess over $21,525
Over $52,025 but not over
$79,275.
$11,508.62, plus 31% of the
excess over $52,025
Over $79,275 but not over
$141,575.
$19,956.12, plus 36% of the
excess over $79,275
Over $141,575..................
$42,384.12, plus 39.6% of the
excess over $141,575
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,750................
14.5% of taxable income.
Over $1,750 but not over $4,050
$253.75, plus 27.5% of the
excess over $1,750
Over $4,050 but not over $6,200
$886.25, plus 31% of the excess
over $4,050
Over $6,200 but not over $8,450
$1,552.75, plus 36% of the
excess over $6,200
Over $8,450....................
$2,362.75, plus 39% of the
excess over $8,450
(b) Additional Reductions After 1999.--
(1) In general.--Paragraph (7) of section 1(f) of such Code
is amended to read as follows:
``(7) Phasein of 5 percentage point rate reduction in lower
brackets.--In prescribing the tables under paragraph (1) which
apply with respect to taxable years beginning in a calendar
year after 1999, the corresponding percentages specified for
such calendar year in the following table shall be substituted
for 14.5% and 27.5%, respectively, in subsections (a), (b),
(c), (d), and (e).
------------------------------------------------------------------------
The corresponding
percentage shall be
In the case of taxable substituted for the
years beginning during following
calendar year: percentages:
---------------------
14.5% 27.5%
------------------------------------------------------------------------
2000...................... 14.0% 27.0%
2001...................... 13.5% 26.5%
2002...................... 13.0% 26.0%
2003...................... 12.5% 25.5%
2004...................... 12.0% 25.0%
2005...................... 11.5% 24.5%
2006...................... 11.0% 24.0%
2007...................... 10.5% 23.5%
2008 or thereafter........ 10.0% 23.0%.''
------------------------------------------------------------------------
(2) Technical amendments.--
(A) Subparagraph (B) of section 1(f)(2) of such
Code is amended by inserting ``except as provided in
paragraph (7),'' before ``by not changing''.
(B) Subparagraph (C) of section 1(f)(2) of such
Code is amended by inserting ``and the reductions under
paragraph (7) in the rates of tax'' before the period.
(C) The heading for subsection (f) of section 1 of
such Code is amended by inserting ``Rate Reductions;''
before ``Adjustments''.
(D) Subparagraph (B) of section 1(g)(7) of such
Code is amended--
(i) by striking ``15 percent'' in clause
(ii)(II) and inserting ``the applicable first
bracket percentage'', and
(ii) by adding at the end the following
flush sentence:
``For purposes of clause (ii), the applicable first
bracket percentage is the percentage applicable to the
lowest income bracket in the table contained in
subsection (c).''
(E) Section 1(h) of such Code is amended--
(i) by striking ``28 percent'' both places
it appears in paragraphs (1)(A)(ii)(I) and
(1)(B)(i) and inserting ``23 percent'', and
(ii) by striking paragraph (13).
(F) Section 3402(p)(1)(B) of such Code is amended
by striking ``7, 15, 28, or 31 percent'' and inserting
``7 percent, a percentage applicable to any income
bracket in the table contained in section 1(c) other
than the highest 2 brackets,''.
(G) Section 3402(p)(2) of such Code is amended by
striking ``15 percent'' and inserting ``the applicable
first bracket percentage (as defined in section
1(g)(7))''.
(H) Section 3402(q)(1) of such Code is amended by
striking ``28 percent of such payment.'' and inserting
``the applicable percentage of such payment. For
purposes of the preceding sentence, the applicable
percentage is the percentage applicable to the next to
the lowest income bracket in the table contained in
section 1(c).''
(c) Inflation Adjustment Conforming Amendments.--
(1) Subsection (f) of section 1 of such Code is amended--
(A) by striking ``1993'' in paragraph (1) and
inserting ``1999'', and
(B) by striking ``1992'' in paragraph (3)(B) and
inserting ``1998''.
(2) The following provisions of such Code are each amended
by striking ``1992'' and inserting ``1998'' each place it
appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 135(b)(2)(B)(ii).
(H) Section 151(d)(4).
(I) Section 220(g)(2).
(J) Section 221(g)(1)(B).
(K) Section 512(d)(2)(B).
(L) Section 513(h)(2)(C)(ii).
(M) Section 685(c)(3)(B).
(N) Section 877(a)(2).
(O) Section 911(b)(2)(D)(ii)(II).
(P) Section 2032A(a)(3)(B).
(Q) Section 2503(b)(2)(B).
(R) Section 2631(c)(1)(B).
(S) Section 4001(e)(1)(B).
(T) Section 4261(e)(4)(A)(ii).
(U) Section 6039F(d).
(V) Section 6323(i)(4)(B).
(W) Section 6601(j)(3)(B).
(X) Section 7430(c)(1).
(3) Subclause (II) of section 42(h)(6)(G)(i) of such Code
is amended by striking ``1987'' and inserting ``1998''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1998.
(2) Amendments to withholding provisions.--The amendments
made by subparagraphs (F), (G), and (H) of subsection (b)(2)
shall apply to amounts paid after the date of the enactment of
this Act. | Tax Rate Reduction Act of 1999 - Amends the Internal Revenue Code to reduce the 15 and 28 percent individual income tax rates to 10 and 23 percent over a ten-year period. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is
amended--
(1) by striking out ``and'' at the end of each of the first
three clauses;
(2) by striking out ``: Now therefore,'' at the end of the
last clause and inserting in lieu thereof a semicolon; and
(3) by adding at the end thereof the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas the Lumbee Indians have been recognized by the State of North Carolina
as an Indian tribe since 1885;
``Whereas the Lumbee Indians have sought Federal recognition as an Indian tribe
since 1888; and
``Whereas the Lumbee Indians are entitled to Federal recognition of their status
as an Indian tribe and the benefits, privileges, and immunities that
accompany such status: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended--
(1) by striking out the last sentence of the first section;
and
(2) by striking out section 2 and inserting in lieu thereof
the following:
``federal recognition; acknowledgment
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of Cheraw Indians of North Carolina. All laws and regulations of
the United States of general application to Indians and Indian tribes
shall apply to the Lumbee Tribe of Cheraw Indians of North Carolina and
its members.
``(b) Notwithstanding the first section of this Act, any group of
Indians in Robeson or adjoining counties whose members are not enrolled
in the Lumbee Tribe of Cheraw Indians of North Carolina, as determined
under section 4(b), may petition under part 83 of title 25 of the Code
of Federal Regulations for acknowledgment of tribal existence.
``services
``Sec. 3. (a) The Lumbee Tribe of Cheraw Indians of North Carolina
and its members shall be eligible for all services and benefits
provided to Indians because of their status as federally recognized
Indians, except that members of the tribe shall not be entitled to such
services until the appropriation of funds for these purposes. For the
purposes of the delivery of such services, those members of the tribe
residing in Robeson and adjoining counties, North Carolina, shall be
deemed to be resident on or near an Indian reservation.
``(b) Upon verification of a tribal roll under section 4 by the
Secretary of the Interior, the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of Cheraw Indians of North Carolina, a
determination of needs and a budget required to provide services to
which the members of the tribe are eligible. The Secretary of the
Interior and the Secretary of Health and Human Services shall each
submit a written statement of such needs and budget with the first
budget request submitted to the Congress after the fiscal year in which
the tribal roll is verified.
``(c)(1) The Lumbee Tribe of Cheraw Indians of North Carolina is
authorized to plan, conduct, consolidate, and administer programs,
services, and functions authorized under the Act of April 16, 1934 (48
Stat. 596; 25 U.S.C. 452, et seq.), and the Act of November 2, 1921 (42
Stat. 208; 25 U.S.C. 13), popularly known as the Snyder Act, pursuant
to an annual written funding agreement among the Lumbee Tribe of Cheraw
Indians of North Carolina, the Secretary of the Interior, and the
Secretary of Health and Human Services, which shall specify--
``(A) the services to be provided, the functions to be
performed, and the procedures to be used to reallocate funds or
modify budget allocations, within any fiscal year; and
``(B) the responsibility of the Secretary of the Interior
for, and the procedure to be used in, auditing the expenditures
of the tribe.
``(2) The authority provided under this subsection shall be in lieu
of the authority provided under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450, et seq.).
``(3) Nothing in this subsection shall be construed as affecting,
modifying, diminishing, or otherwise impairing the sovereign immunity
from lawsuit enjoyed by the Lumbee Tribe of Cheraw Indians of North
Carolina or authorizing or requiring the termination of any trust
responsibility of the United States with respect to the tribe.
``constitution and membership
``Sec. 4. (a) The Lumbee Tribe of Cheraw Indians of North Carolina
shall organize for its common welfare and adopt a constitution and
bylaws. Any constitution, bylaws, or amendments to the constitution or
bylaws that are adopted by the tribe must be consistent with the terms
of this Act and shall take effect only after such documents are filed
with the Secretary of the Interior. The Secretary shall assist the
tribe in the drafting of a constitution and bylaws, the conduct of an
election with respect to such constitution, and the reorganization of
the government of the tribe under any such constitution and bylaws.
``(b)(1) Until the Lumbee Tribe of Cheraw Indians of North Carolina
adopts a constitution and except as provided in paragraph (2), the
membership of the tribe shall, subject to review by the Secretary,
consist of every individual who is named in the tribal membership roll
that is in effect on the date of enactment of this Act.
``(2)(A) Before adopting a constitution, the roll of the tribe
shall be open for a 180-day period to allow the enrollment of any
individual previously enrolled in another Indian group or tribe in
Robeson or adjoining counties, North Carolina, who demonstrates that--
``(i) the individual is eligible for enrollment in the
Lumbee Tribe of Cheraw Indians; and
``(ii) the individual has abandoned membership in any other
Indian group or tribe.
``(B) The Lumbee Tribe of Cheraw Indians of North Carolina shall
advertise in newspapers of general distribution in Robeson and
adjoining counties, North Carolina, the opening of the tribal roll for
the purposes of subparagraph (A). The advertisement shall specify the
enrollment criteria and the deadline for enrollment.
``(3) The review of the tribal roll of the Lumbee Tribe of Cheraw
Indians of North Carolina shall be limited to verification of
compliance with the membership criteria of the tribe as stated in the
Lumbee Petition for Federal Acknowledgment filed with the Secretary by
the tribe on December 17, 1987. The Secretary shall complete his review
and verification of the tribal roll within the 12-month period
beginning on the date on which the tribal roll is closed under
paragraph (2).
``jurisdiction
``Sec. 5. (a)(1) The State of North Carolina shall exercise
jurisdiction over--
``(A) all criminal offenses that are committed on, and
``(B) all civil actions that arise on,
lands located within the State of North Carolina that are owned by, or
held in trust by the United States for, the Lumbee Tribe of Cheraw
Indians of North Carolina, any member of the Lumbee Tribe of Cheraw
Indians of North Carolina, or any dependent Indian community of the
Lumbee Tribe of Cheraw Indians of North Carolina.
``(2) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States, any transfer by the State of North Carolina to
the United States of any portion of the jurisdiction of the State of
North Carolina described in paragraph (1) pursuant to an agreement
between the Lumbee Tribe of Cheraw Indians and the State of North
Carolina. Such transfer of jurisdiction may not take effect until two
years after the effective date of such agreement.
``(3) The provisions of this subsection shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``(b) Section 5 of the Act of June 18, 1934 (Chapter 576; 25 U.S.C.
465), and the Act of April 11, 1970 (84 Stat. 120; 25 U.S.C. 488 et
seq.), shall apply to the Lumbee Tribe of Cheraw Indians of North
Carolina with respect to lands within the exterior boundaries of
Robeson and adjoining counties, North Carolina.
``authorization of appropriations
``Sec. 6. (a) There are authorized to be appropriated such funds as
may be necessary to carry out this Act.
``(b) In the first fiscal year in which funds are appropriated
under this Act, the tribe's proposals for expenditures of such funds
shall be submitted to the Select Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the House of
Representatives 60 calendar days prior to any expenditure of such funds
by the tribe.''.
Passed the House of Representatives October 28, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of Cheraw Indians of North Carolina. | billsum_train |
Condense the following text into a summary: SECTION 1. REQUIREMENT RELATING TO GLOBAL CLIMATE CHANGE.
(a) Findings.--Congress finds that--
(1) without the cooperation of other countries, the United
States cannot reverse global climate change to ensure the
recovery of species that are listed as threatened or endangered
species on the list of threatened species or the list of
endangered species published under section 4(c)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and
(2) the ratification of an international agreement by each
major carbon emitting country is the likely path towards--
(A) reversing global climate change; and
(B) ensuring through applicable laws (including
regulations) the recovery of species described in
paragraph (1) that are affected by global climate
change.
(b) Requirement Relating to Global Climate Change.--Section 4(a) of
the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended--
(1) in paragraph (1)(E), by inserting ``subject to
paragraph (4),'' before ``other natural''; and
(2) by adding at the end the following:
``(4) Requirement relating to global climate change.--
``(A) Definitions.--In this paragraph:
``(i) Administrator.--The term
`Administrator' means the Administrator of the
Environmental Protection Agency.
``(ii) Global climate change.--The term
`global climate change' includes any
significant increase in--
``(I) global air temperatures; or
``(II) global sea levels.
``(iii) Greenhouse gas.--The term
`greenhouse gas' has the meaning given the term
in section 1610(a) of the Energy Policy Act of
1992 (42 U.S.C. 13389(a)).
``(iv) Major emitter of greenhouse gas.--
``(I) In general.--The term `major
emitter of greenhouse gas' means any
country that the Administrator
determines to be a major emitter of
greenhouse gas.
``(II) Inclusions.--The term `major
emitter of greenhouse gas' includes--
``(aa) China;
``(bb) India; and
``(cc) the United States.
``(B) Duties of secretary.--
``(i) Ratification of international
agreement.--In determining whether any species
is a threatened or endangered species under
paragraph (1), the Secretary shall not consider
global climate change as a natural or manmade
factor under paragraph (1)(E) until the date on
which the Administrator notifies the Secretary
that each major emitter of greenhouse gas has
ratified an international agreement to reduce
the quantity of greenhouse gases emitted from
each major emitter of greenhouse gas.
``(ii) Compliance with international
agreement.--
``(I) Annual determinations.--The
Secretary shall, on an annual basis,
request the Administrator to determine
whether each major emitter of
greenhouse gas is in compliance with
the international agreement described
in clause (i).
``(II) Effects.--If the
Administrator determines that any major
emitter of greenhouse gas is not in
compliance with the international
agreement described in clause (i) for
the period covered by the
determination--
``(aa) the Secretary shall
not consider global climate
change as a natural or manmade
factor under paragraph (1)(E)
until the date on which the
Administrator notifies the
Secretary that each major
emitter of greenhouse gas is in
compliance with the
international agreement; and
``(bb) each species that
the Secretary has determined to
be a threatened or endangered
species under paragraph (1) as
the result of global climate
change shall not be considered
to be a threatened or
endangered species until the
date described in item (aa).''.
(c) Effective Date.--The amendments made by subsection (b) take
effect on January 1, 2006. | Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in the determination as to whether a species is threatened or endangered until the Administrator of the Environmental Protection Agency (EPA) notifies the Secretary that: (1) each major emitter of greenhouse gas (GHG) (specifically including China, India, and the United States) has ratified an international agreement to reduce the quantity of GHGs emitted; and (2) any such emitter found to not to be in compliance with such agreement, in any year, becomes compliant.
Makes this Act effective as of January 1, 2006. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Contracting Act of
2015''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that, when used appropriately, reverse
auctions may improve the Federal Government's procurement of
commercially available commodities by increasing competition, reducing
prices, and improving opportunities for small businesses.
SEC. 3. PROHIBITION ON REVERSE AUCTIONS FOR COVERED CONTRACTS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 (15 U.S.C. 631 note) as
section 48; and
(2) by inserting after section 46 the following new
section:
``SEC. 47. REVERSE AUCTIONS PROHIBITED FOR COVERED CONTRACTS.
``(a) In General.--In the case of a covered contract described in
subsection (c), reverse auction methods may not be used if the award of
the contract is to be made under--
``(1) section 8(a);
``(2) section 8(m);
``(3) section 15(a);
``(4) section 15(j);
``(5) section 31; or
``(6) section 36.
``(b) Limitations on Using Reverse Auctions.--
``(1) Decisions regarding use of a reverse auction.--The
following decisions are the responsibility of the contracting
officer and may not be delegated to any person except for
another contracting officer who meets the training requirements
of paragraph (2):
``(A) A decision to use reverse auction methods as
part of the competition for award of a covered
contract.
``(B) Any decision made after the decision
described in subsection (A) regarding the appropriate
evaluation criteria, the inclusion of vendors, the
acceptability of vendor submissions (including
decisions regarding timeliness), and the selection of
the winner.
``(2) Training required.--Only a contracting officer who
has received training on the appropriate use and supervision of
reverse auction methods of contracting may supervise or use
such methods in a procurement for a covered contract. The
training shall be provided by, or similar to the training
provided by, the Defense Acquisition University as described in
section 824 of the Carl Levin and Howard P. `Buck' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291).
``(3) Number of offers; revisions to bids.--A Federal
agency may not award a covered contract using a reverse auction
method if only one offer is received or if offerors do not have
the ability to submit revised bids with lower prices throughout
the course of the auction.
``(4) Technically acceptable offers.--A Federal agency
awarding a covered contract using a reverse auction method
shall evaluate the technical acceptability of offers only as
technically acceptable or unacceptable.
``(5) Use of price rankings.--A Federal agency may not
award a covered contract using a reverse auction method if at
any time during the award process the Federal agency misinforms
an offeror about the price ranking of the offeror's last offer
submitted in relation to offers submitted by other offerors.
``(6) Use of third-party agents.--If a Federal agency uses
a third party agent to assist with the award of covered
contracts using a reverse auction method, the Federal agency
shall ensure that--
``(A) inherently governmental functions (as such
term is used in section 2303 of title 41, United States
Code) are not performed by private contractors,
including by the third party agent;
``(B) information on the past contract performance
of offerors created by the third party agent and shared
with the Federal agency is collected, maintained, and
shared in compliance with section 1126 of title 41,
United States Code;
``(C) information on whether an offeror is a
responsible source (as defined in section 113 of title
41, United States Code) that is created by the third
party agent and shared with the Federal agency is
shared with the offeror and complies with section
8(b)(7) of this Act; and
``(D) disputes between the third party agent and an
offeror may not be used to justify a determination that
an offeror is not a responsible source (as defined in
section 113 of title 41, United States Code) or to
otherwise restrict the ability of an offeror to compete
for the award of a contract or task or delivery order.
``(c) Definitions.--In this section:
``(1) Contracting officer.--The term `contracting officer'
has the meaning given that term in section 2101(1) of title 41,
United States Code.
``(2) Covered contract.--The term `covered contract' means
a contract--
``(A) for design and construction services;
``(B) for goods purchased to protect Federal
employees, members of the Armed Forces, or civilians
from bodily harm; or
``(C) for goods or services other than those goods
or services described in subparagraph (A) or (B)--
``(i) to be awarded based on factors other
than price and technical responsibility; or
``(ii) if awarding the contract requires
the contracting officer to conduct discussions
with the offerors about their offer.
``(3) Design and construction services.--The term `design
and construction services' means--
``(A) site planning and landscape design;
``(B) architectural and interior design;
``(C) engineering system design;
``(D) performance of construction work for
facility, infrastructure, and environmental restoration
projects;
``(E) delivery and supply of construction materials
to construction sites;
``(F) construction, alteration, or repair,
including painting and decorating, of public buildings
and public works; and
``(G) architectural and engineering services as
defined in section 1102 of title 40, United States
Code.
``(4) Reverse auction.--The term `reverse auction' means,
with respect to procurement by an agency, an auction between a
group of offerors who compete against each other by submitting
offers for a contract or task or delivery order with the
ability to submit revised offers with lower prices throughout
the course of the auction.''. | Commonsense Contracting Act of 2015 This bill expresses the sense of Congress that, when used appropriately, with respect to federal agency procurement, an auction between a group of offerors who compete against each other by submitting offers for a contract or task or delivery order with the ability to submit revised offers with lower prices throughout the course of the auction (reverse auction) may improve the federal government's procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses. The Small Business Act is amended to prohibit the use of reverse auction methods for certain Small Business Administration federal procurement contracts for: design and construction services; goods purchased to protect federal employees, members of the Armed Forces, or civilians from bodily harm; or goods or services other than these: (1) to be awarded based on factors other than price and technical responsibility, or (2) if awarding the contract requires the contracting officer to conduct discussions with the offerors about their offer. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Health Center and Primary
Care Workforce Expansion Act of 2017''.
SEC. 2. COMMUNITY HEALTH CENTER PROGRAM.
(a) In General.--Section 10503(b)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking ``and'' at the end;
and
(3) by adding at the end the following:
``(F) $5,110,000,000 for fiscal year 2018;
``(G) $5,410,000,000 for fiscal year 2019;
``(H) $5,790,000,000 for fiscal year 2020;
``(I) $6,620,000,000 for fiscal year 2021;
``(J) $7,510,000,000 for fiscal year 2022;
``(K) $8,460,000,000 for fiscal year 2023;
``(L) $9,490,000,000 for fiscal year 2024;
``(M) $10,590,000,000 for fiscal year 2025;
``(N) $11,780,000,000 for fiscal year 2026;
``(O) $12,500,000,000 for fiscal year 2027; and
``(P) for fiscal year 2028, and each subsequent
fiscal year, the amount appropriated for the preceding
fiscal year adjusted by the product of--
``(i) one plus the average percentage
increase in costs incurred per patient served;
and
``(ii) one plus the average percentage
increase in the total number of patients
served; and''.
(b) Capital Projects.--In addition to amounts otherwise
appropriated under section 10503(b) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)), there is authorized to be
appropriated, and there is appropriated, for the community health
centers program under section 330 of the Public Health Service Act (42
U.S.C. 254b) for capital projects, $18,600,000,000 for fiscal year
2017.
(c) Limitation.--Amounts otherwise appropriated for community
health centers may not be reduced as a result of the appropriations
made under this section.
(d) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) In General.--Section 10503(b)(2) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period; and
(3) by adding at the end the following:
``(F) $850,000,000 for fiscal year 2018;
``(G) $893,000,000 for fiscal year 2019;
``(H) $938,000,000 for fiscal year 2020;
``(I) $985,000,000 for fiscal year 2021;
``(J) $1,030,000,000 for fiscal year 2022;
``(K) $1,090,000,000 for fiscal year 2023;
``(L) $1,100,000,000 for fiscal year 2024;
``(M) $1,200,000,000 for fiscal year 2025;
``(N) $1,300,000,000 for fiscal year 2026;
``(O) $1,500,000,000 for fiscal year 2027; and
``(P) for fiscal year 2028, and each subsequent
fiscal year, the amount appropriated for the preceding
fiscal year adjusted by the product of--
``(i) one plus the average percentage
increase in the costs of health professions
education during the prior fiscal year; and
``(ii) one plus the average percentage
change in the number of individuals residing in
health professions shortage areas designated
under section 333 of the Public Health Service
Act during the prior fiscal year, relative to
the number of individuals residing in such
areas during the previous fiscal year.''.
(b) Limitation.--Amounts otherwise appropriated for National Health
Service Corps may not be reduced as a result of the appropriations made
under this section.
(c) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
SEC. 4. TEACHING HEALTH CENTERS.
(a) In General.--Section 340H(g) of the Public Health Service Act
(42 U.S.C. 256h(g)) is amended--
(1) by striking ``2015 and'' and inserting ``2015,''; and
(2) by striking the period and inserting ``, $176,000,000
for fiscal years 2018 and 2019, $184,000,000 for fiscal year
2020, $194,000,000 for fiscal year 2021, $203,000,000 for
fiscal year 2022, $214,000,000 for fiscal year 2023,
$224,000,000 for fiscal year 2024, $235,000,000 for fiscal year
2025, $247,000,000 for fiscal year 2026, $260,000,000 for
fiscal year 2027, and for fiscal year 2028, and each subsequent
fiscal year, the amount appropriated for the preceding fiscal
year adjusted by the greater of the annual percentage increase
in the medical care component of the consumer price index for
all urban consumers (U.S. city average) as rounded up in an
appropriate manner, or the percentage increase for the fiscal
year involved under section 2(a)(11).''.
(b) Limitation.--Amounts otherwise appropriated for Teaching Health
Centers may not be reduced as a result of the appropriations made under
this section.
(c) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
SEC. 5. NURSE PRACTITIONER RESIDENCY TRAINING PROGRAMS.
(a) In General.--Section 5316 of the Patient Protection and
Affordable Care Act is amended by striking subsection (i) and inserting
the following:
``(i) Appropriations.--In addition to amounts otherwise
appropriated, there is authorized to be appropriated, and there is
appropriated to carry out this section--
``(1) $35,000,000 for fiscal year 2018;
``(2) $40,000,000 for fiscal year 2019;
``(3) $45,000,000 for fiscal year 2020;
``(4) $50,000,000 for fiscal year 2021;
``(5) $55,000,000 for fiscal year 2022;
``(6) $60,000,000 for fiscal year 2023;
``(7) $65,000,000 for fiscal year 2024;
``(8) $70,000,000 for fiscal year 2025;
``(9) $75,000,000 for fiscal year 2026;
``(10) $80,000,000 for fiscal year 2027; and
``(11) for fiscal year 2028, and each subsequent fiscal
year, the amount appropriated for the preceding fiscal year
adjusted by the greater of the annual percentage increase in
the medical care component of the consumer price index for all
urban consumers (U.S. city average) as rounded up in an
appropriate manner, or the percentage increase for the fiscal
year involved under section 10503(b)(1)(P) of the Patient
Protection and Affordable Care Act.''.
(b) Limitation.--Amounts otherwise appropriated for Nurse
Practitioner Residency Training Programs may not be reduced as a result
of the appropriations made under this section.
(c) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended. | Community Health Center and Primary Care Workforce Expansion Act of 2017 This bill amends the Patient Protection and Affordable Care Act to make appropriations for and extend indefinitely: (1) enhanced funding for the community health centers program and the National Health Service Corps, and (2) grants for federally qualified health centers and nurse-managed health centers to train family nurse practitioners to become primary care providers. The bill makes appropriations for capital projects under the community health centers program. The bill amends the Public Health Service Act to make appropriations for and extend indefinitely a program that pays teaching health centers to establish or expand graduate medical residency training programs. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Otay Mountain Wilderness Act of
1999''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The public lands within the Otay Mountain region of
California are one of the last remaining pristine locations in
western San Diego County, California.
(2) This rugged mountain adjacent to the United States-Mexico
border is internationally known for its diversity of unique and
sensitive plants.
(3) This area plays a critical role in San Diego's multi-
species conservation plan, a national model made for maintaining
biodiversity.
(4) Due to its proximity to the international border, this area
is the focus of important law enforcement and border interdiction
efforts necessary to curtail illegal immigration and protect the
area's wilderness values.
(5) The illegal immigration traffic, combined with the rugged
topography, also presents unique fire management challenges for
protecting lives and resources.
SEC. 3. DESIGNATION.
In furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), certain public lands in the California Desert District
of the Bureau of Land Management, California, comprising approximately
18,500 acres as generally depicted on a map entitled ``Otay Mountain
Wilderness'' and dated May 7, 1998, are hereby designated as wilderness
and therefore as a component of the National Wilderness Preservation
System, which shall be known as the Otay Mountain Wilderness.
SEC. 4. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, a map and a legal description for the Wilderness
Area shall be filed by the Secretary with the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of the
House of Representatives. Such map and legal description shall have the
same force and effect as if included in this Act, except that the
Secretary, as appropriate, may correct clerical and typographical
errors in such legal description and map. Such map and legal
description for the Wilderness Area shall be on file and available for
public inspection in the offices of the Director and California State
Director, Bureau of Land Management, Department of the Interior.
(b) United States-Mexico Border.--In carrying out this section, the
Secretary shall ensure that the southern boundary of the Wilderness
Area is 100 feet north of the trail depicted on the map referred to in
subsection (a) and is at least 100 feet from the United States-Mexico
international border.
SEC. 5. WILDERNESS REVIEW.
The Congress hereby finds and directs that all the public lands not
designated wilderness within the boundaries of the Southern Otay
Mountain Wilderness Study Area (CA-060-029) and the Western Otay
Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of
Land Management and reported to the Congress in 1991, have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
and are no longer subject to the requirements contained in section
603(c) of that Act pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of such areas
for preservation as wilderness.
SEC. 6. ADMINISTRATION OF WILDERNESS AREA.
(a) In General.--Subject to valid existing rights and to subsection
(b), the Wilderness Area shall be administered by the Secretary in
accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in such provisions to the effective date of
the Wilderness Act is deemed to be a reference to the effective
date of this Act; and
(2) any reference in such provisions to the Secretary of
Agriculture is deemed to be a reference to the Secretary of the
Interior.
(b) Border Enforcement, Drug Interdiction, and Wildland Fire
Protection.--Because of the proximity of the Wilderness Area to the
United States-Mexico international border, drug interdiction, border
operations, and wildland fire management operations are common
management actions throughout the area encompassing the Wilderness
Area. This Act recognizes the need to continue such management actions
so long as such management actions are conducted in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such
conditions as the Secretary considers appropriate.
SEC. 7. FURTHER ACQUISITIONS.
Any lands within the boundaries of the Wilderness Area that are
acquired by the United States after the date of the enactment of this
Act shall become part of the Wilderness Area and shall be managed in
accordance with all the provisions of this Act and other laws
applicable to such a wilderness.
SEC. 8. NO BUFFER ZONES.
The Congress does not intend for the designation of the Wilderness
Area by this Act to lead to the creation of protective perimeters or
buffer zones around the Wilderness Area. The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness Area shall not, of itself, preclude such activities or uses
up to the boundary of the Wilderness Area.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Public lands.--The term ``public lands'' has the same
meaning as that term has in section 103(e) of the Federal Land
Policy and Management Act of 1976.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Wilderness area.--The term ``Wilderness Area'' means the
Otay Mountain Wilderness designated by section 3.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness.
Recognizes that, because of the Wilderness Area's proximity to the U.S.-Mexican international border, drug interdiction, border operations, and wildland fire management operations need to continue so long as they are conducted in accordance with the Wilderness Act and any conditions the Secretary of the Interior considers appropriate.
Declares that such designation is not intended to lead to the creation of protective buffer zones around the Wilderness. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emmett Till Unsolved Civil Rights
Crime Act of 2008''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that all authorities with jurisdiction,
including the Federal Bureau of Investigation and other entities within
the Department of Justice, should--
(1) expeditiously investigate unsolved civil rights
murders, due to the amount of time that has passed since the
murders and the age of potential witnesses; and
(2) provide all the resources necessary to ensure timely
and thorough investigations in the cases involved.
SEC. 3. DEPUTY CHIEF OF THE CRIMINAL SECTION OF THE CIVIL RIGHTS
DIVISION.
(a) In General.--The Attorney General shall designate a Deputy
Chief in the Criminal Section of the Civil Rights Division of the
Department of Justice (in this Act referred to as the ``Deputy
Chief'').
(b) Responsibility.--
(1) In general.--The Deputy Chief shall be responsible for
coordinating the investigation and prosecution of violations of
criminal civil rights statutes that occurred not later than
December 31, 1969, and resulted in a death.
(2) Coordination.--In investigating a complaint under
paragraph (1), the Deputy Chief may coordinate investigative
activities with State and local law enforcement officials.
(c) Study and Report.--
(1) Study.--The Attorney General shall annually conduct a
study of the cases under the jurisdiction of the Deputy Chief
or under the jurisdiction of the Supervisory Special Agent and,
in conducting the study, shall determine--
(A) the number of open investigations within the
Department of Justice for violations of criminal civil
rights statutes that occurred not later than December
31, 1969;
(B) the number of new cases opened pursuant to this
Act since the most recent study conducted under this
paragraph;
(C) the number of unsealed Federal cases charged
within the study period, including the case names, the
jurisdiction in which the charges were brought, and the
date the charges were filed;
(D) the number of cases referred by the Department
of Justice to a State or local law enforcement agency
or prosecutor within the study period, the number of
such cases that resulted in State charges being filed,
the jurisdiction in which such charges were filed, the
date the charges were filed, and if a jurisdiction
declines to prosecute or participate in an
investigation of a case so referred, the fact it did
so;
(E) the number of cases within the study period
that were closed without Federal prosecution, the case
names of unsealed Federal cases, the dates the cases
were closed, and the relevant Federal statutes;
(F) the number of attorneys who worked, in whole or
in part, on any case described in subsection (b)(1);
and
(G) the applications submitted for grants under
section 5, the award of such grants, and the purposes
for which the grant amount were expended.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, and every 12 months thereafter, the
Attorney General shall prepare and submit to Congress a report
containing the results of the study conducted under paragraph
(1).
SEC. 4. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE
FEDERAL BUREAU OF INVESTIGATION.
(a) In General.--The Attorney General shall designate a Supervisory
Special Agent in the Civil Rights Unit of the Federal Bureau of
Investigation of the Department of Justice (in this Act referred to as
the ``Supervisory Special Agent'').
(b) Responsibility.--
(1) In general.--The Supervisory Special Agent shall be
responsible for investigating violations of criminal civil
rights statutes that occurred not later than December 31, 1969,
and resulted in a death.
(2) Coordination.--In investigating a complaint under
paragraph (1), the Supervisory Special Agent may coordinate the
investigative activities with State and local law enforcement
officials.
SEC. 5. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT.
(a) In General.--The Attorney General may make grants to State or
local law enforcement agencies for expenses associated with the
investigation and prosecution of criminal offenses, involving civil
rights, that occurred not later than December 31, 1969, and resulted in
a death.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for each of fiscal years 2008 through 2017 to
carry out this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated, in
addition to any other amounts otherwise authorized to be appropriated
for this purpose, to the Attorney General $10,000,000 for each of
fiscal years 2008 through 2017 for investigating and prosecuting
violations of criminal civil rights statutes that occurred not later
than December 31, 1969, and resulted in a death. Amounts appropriated
pursuant to this subsection shall be allocated by the Attorney General
to the Deputy Chief and the Supervisory Special Agent in order to
advance the purposes set forth in this Act.
(b) Community Relations Service of the Department of Justice.--In
addition to any amounts authorized to be appropriated under title XI of
the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are
authorized to be appropriated to the Community Relations Service of the
Department of Justice $1,500,000 for fiscal year 2008 and each
subsequent fiscal year, to enable the Community Relations Service (in
carrying out the functions described in title X of such Act (42 U.S.C.
2000g et seq.)) to provide technical assistance by bringing together
law enforcement agencies and communities in the investigation of
violations of criminal civil rights statutes, in cases described in
section 4(b).
SEC. 7. DEFINITION OF CRIMINAL CIVIL RIGHTS STATUTES.
In this Act, the term ``criminal civil rights statutes'' means--
(1) section 241 of title 18, United States Code (relating
to conspiracy against rights);
(2) section 242 of title 18, United States Code (relating
to deprivation of rights under color of law);
(3) section 245 of title 18, United States Code (relating
to federally protected activities);
(4) sections 1581 and 1584 of title 18, United States Code
(relating to involuntary servitude and peonage);
(5) section 901 of the Fair Housing Act (42 U.S.C. 3631);
and
(6) any other Federal law that--
(A) was in effect on or before December 31, 1969;
and
(B) the Criminal Section of the Civil Rights
Division of the Department of Justice enforced, before
the date of enactment of this Act.
SEC. 8. SUNSET.
Sections 2 through 6 of this Act shall cease to have force or
effect at the end of fiscal year 2017.
SEC. 9. AUTHORITY OF INSPECTORS GENERAL.
Title XXXVII of the Crime Control Act of 1990 (42 U.S.C. 5779 et
seq.) is amended by adding at the end the following:
``SEC. 3703. AUTHORITY OF INSPECTORS GENERAL.
``(a) In General.--An Inspector General appointed under section 3
or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) may
authorize staff to assist the National Center for Missing and Exploited
Children--
``(1) by conducting reviews of inactive case files to
develop recommendations for further investigations; and
``(2) by engaging in similar activities.
``(b) Limitations.--
``(1) Priority.--An Inspector General may not permit staff
to engage in activities described in subsection (a) if such
activities will interfere with the duties of the Inspector
General under the Inspector General Act of 1978 (5 U.S.C.
App.).
``(2) Funding.--No additional funds are authorized to be
appropriated to carry out this section.''.
SEC. 10. USE OF RESOURCES.
The Attorney General may reprogram funds appropriated for any
congressionally directed spending item (as that term is defined under
rule XLIV of the Standing Rules of the Senate) to carry out this Act or
the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248; 120 Stat. 587), or an amendment made by that Act, if Congress does
not provide funding to carry out those Acts or amendments at the levels
authorized. | Emmett Till Unsolved Civil Rights Crime Act of 2008 - Directs the Attorney General to designate a Deputy Chief in the Criminal Section of the Civil Rights Division of the Department of Justice (DOJ). Makes the Deputy Chief responsible for investigating and prosecuting violations of criminal civil rights statutes in which the alleged violation occurred before January 1, 1970 and resulted in death.
Directs the Attorney General to designate a Supervisory Special Agent in the Civil Rights Unit of the Federal Bureau of Investigation (FBI) of the DOJ to investigate violations of criminal civil rights statutes that occurred before January 1, 1970, and resulted in a death.
Authorizes the Attorney General to award grants to state or local law enforcement agencies for the investigation and prosecution of such cases.
Amends the Crime Control Act of 1990 to authorize staff of an Inspector General to assist the National Center for Missing and Exploited Children by conducting reviews of inactive case files to develop recommendations for further investigations and engaging in similar activities. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Inverters Earnings
Stripping Reform Act of 2014''.
SEC. 2. ADDITIONAL RULES RELATED TO INVERTED CORPORATIONS.
(a) In General.--Section 7874 of the Internal Revenue Code of 1986
is amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Special Rules Applicable to Earnings Stripping and Related
Party Transactions.--
``(1) Modifications of limitation on interest deduction.--
``(A) In general.--In the case of any additional
limitation year of a corporation which is an applicable
entity, section 163(j) shall be applied with the
modifications described in subparagraph (B).
``(B) Modifications for additional limitation
years.--For purposes of subparagraph (A), the
modifications described in this subparagraph are as
follows:
``(i) No carryover.--No carryforward to any
other taxable year shall be allowed under
section 163(j)(1)(B) for interest paid or
accrued during any additional limitation year
with respect to which a deduction was
disallowed to the corporation under section
163(j).
``(ii) Rules for determining whether
interest limitation rules apply.--In applying
section 163(j)(2) to determine whether section
163(j) applies to the corporation for any
additional limitation year--
``(I) subparagraph (A)(ii) shall be
disregarded, and
``(II) subparagraph (B)(i)(II)
shall be applied by substituting `25
percent of the adjusted taxable income
of the corporation' for `the sum of 50
percent of the adjusted taxable income
of the corporation plus any excess
limitation carryforward under clause
(ii)' for purposes of determining the
corporation's excess interest expense
for the year.
``(C) Additional limitation year.--For purposes of
this paragraph, the term `additional limitation year'
means, with respect to any corporation which is an
applicable entity, any taxable year beginning on or
after the first day of the later of the corporation's--
``(i) first taxable year beginning on or
after the date of enactment of this
subparagraph, or
``(ii) first taxable year for which the
corporation is an applicable entity.
``(2) Annual application for agreements on return
positions.--
``(A) In general.--Each applicable entity shall
file with the Secretary an application for an approval
agreement under subparagraph (C) for each approval
year. Such application shall be filed at such time and
manner, and shall contain such information, as the
Secretary may prescribe.
``(B) Failures to comply.--If an applicable entity
fails to file an application under subparagraph (A), or
the approval agreement does not contain the necessary
provisions described in subparagraph (C), for any
taxable year, then for such taxable year--
``(i) there shall not be allowed any
deduction, or addition to basis or cost of
goods sold, for amounts paid or incurred, or
losses incurred, by reason of a transaction
between the entity and a foreign related
person,
``(ii) any transfer or license of
intangible property (as defined in section
936(h)(3)(B)) between the entity and a foreign
related person shall be disregarded, and
``(iii) any cost-sharing arrangement
between the entity and a foreign related person
shall be disregarded.
``(C) Approval agreement.--For purposes of
subparagraph (A), the term `approval agreement' means a
prefiling, advance pricing, or other agreement
specified by the Secretary which contains such
provisions as the Secretary determines necessary to
ensure that the requirements of sections 163(j),
267(a)(3), 367, 482, and 845, and any other provision
of this title applicable to transactions between
related persons and specified by the Secretary, are
met.
``(D) Approval year.--For purposes of this
paragraph, the term `approval year' means, with respect
to any applicable entity, any taxable year beginning on
or after the date of enactment of this subparagraph if
such taxable year is within the 10-taxable-year period
beginning with the first taxable year for which the
entity is an applicable entity.
``(3) Applicable entity.--For purposes of this subsection--
``(A) In general.--The term `applicable entity'
means any corporation which is a member of an expanded
affiliated group which includes an entity which--
``(i) is a surrogate foreign corporation,
determined by applying subsection (a)(2)(B)--
``(I) by substituting `more than 50
percent' for `at least 60 percent' in
clause (ii) thereof,
``(II) by substituting `before, on,
or after' for `after' in clause (i)
thereof, and
``(III) by disregarding the matter
following clause (iii) thereof, and
``(ii) is not treated as a domestic
corporation by reason of subsection (b).
``(B) Special rule for inclusion of noncorporate
entities.--For purposes of subparagraph (A), a
partnership or other entity (other than a corporation)
shall be treated as a member of an expanded affiliated
group if such entity controls (as determined under
section 954(d)(3)), or is controlled by (as so
determined), members of such group (including any
entity treated as a member of such group by reason of
this sentence).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after the date of
enactment of this Act. | Corporate Inverters Earnings Stripping Reform Act of 2014 - Amends the Internal Revenue Code to impose limitations on the tax deduction for interest paid by corporations which are designated as applicable entities (i.e., members of an expanded affiliated group which includes a surrogate foreign corporation which is not treated as a domestic corporation). Prohibits such an entity from claiming a tax deduction for interest that exceeds 25% of its adjusted taxable income and from carrying forward interest which is paid or accrued during the first year in which such entity becomes an applicable entity. Requires an applicable entity to file an annual application for an approval agreement (i.e., a prefiling, advance pricing, or other agreement involving a related-party transaction) with the Internal Revenue Service (IRS) during the 10-year period after it becomes an applicable entity. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Alternative Fuels Act of
2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States needs short- and long-term policies
designed--
(A) to eliminate the reliance of the United States
on foreign energy sources;
(B) to create jobs in the United States; and
(C) to harness all of the energy resources of the
United States;
(2) promoting the energy security of the United States can
be achieved by leveraging all domestic energy resources,
including--
(A) traditional fossil fuels;
(B) alternative energy resources; and
(C) renewable energy; and
(3) the United States needs to adopt policies that would
foster a more sustainable domestic energy supply that would--
(A) decrease risks to national security;
(B) lower domestic energy prices;
(C) reduce trade deficits; and
(D) create jobs in the United States.
SEC. 3. REPEAL OF UNNECESSARY BARRIERS TO DOMESTIC FUEL PRODUCTION.
(a) In General.--Section 526 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17142) is repealed.
(b) Conforming Amendment.--Section 1112 of the National Aeronautics
and Space Administration Authorization Act of 2008 (42 U.S.C. 17827) is
repealed.
SEC. 4. TRANSPARENCY FOR DELAYED LOAN GUARANTEE APPLICATIONS.
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is
amended by adding at the end the following:
``(l) Reporting Requirement.--
``(1) In general.--If the Secretary fails to make a final
decision by the date that is 270 days after the date on which
the Secretary selects an application to proceed to negotiations
of terms and conditions for issuance of a conditional
commitment for a loan guarantee application under this title
for a substitute natural gas, chemical feedstock, or liquid
transportation fuel project, not later than 7 days after that
date, and for every 90-day period thereafter, the Secretary
shall--
``(A) prepare a status report for the period
covered by the report; and
``(B) submit the status report to--
``(i) the Committee on Energy and Natural
Resources of the Senate; and
``(ii) the Committee on Energy and Commerce
of the House of Representatives.
``(2) Contents.--The status report described in paragraph
(1) shall contain--
``(A) a description of each reason for the delay of
the application;
``(B) the name and office of the official who, for
the period covering the status report, has reviewed the
application; and
``(C) a detailed schedule for completion of the
application review.''.
SEC. 5. ALGAE-BASED FUEL INCENTIVES.
Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B))
is amended by adding at the end the following:
``(vi) Algae-based fuel incentives.--For
purposes of calculating the applicable volume
of renewable fuel under clauses (i) and (ii)
for each calendar year, the Administrator shall
consider each gallon of renewable biomass
produced from algae to be equal to 3 gallons of
renewable fuel if the algae-based fuel was
produced using carbon dioxide that was captured
in a manner that prevented the uncontrolled
release of carbon dioxide into the atmosphere
during a separate energy production process.''.
SEC. 6. LOAN GUARANTEES.
Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)) is amended by adding at the end the following:
``(11) Substitute natural gas production facilities, if the
gas is produced--
``(A) from a solid feedstock through a gasification
process; and
``(B) in a manner that captures at least 90 percent
of the carbon produced through the gasification
process.''.
SEC. 7. MULTIYEAR CONTRACT AUTHORITY FOR DEPARTMENT OF DEFENSE FOR
PROCUREMENT OF ALTERNATIVE FUELS.
(a) Multiyear Contracts for the Procurement of Alternative Fuels
Authorized.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following:
``SEC. 2410R. MULTIYEAR CONTRACT AUTHORITY: PURCHASE OF ALTERNATIVE
FUELS.
``(a) In General.--The head of an agency (as defined in section
2302) may enter into contracts for a period not to exceed 20 years for
the purchase of alternative fuels.
``(b) Required Provisions.--A contract entered into under
subsection (a) shall include the following provisions:
``(1) A statement that the obligation of the United States
to make payments under the contract in any fiscal year is
subject to appropriations being provided specifically for that
fiscal year and specifically for alternative fuels.
``(2) A commitment to obligate the necessary amount for
each fiscal year covered by the contract when and to the extent
that funds are appropriated for that purpose for that fiscal
year.
``(3) A statement that a commitment given under the
authority of this section does not constitute an obligation of
the United States.''.
(2) Clerical amendment.--The table of sections of chapter
141 of title 10, United States Code, is amended by adding at
the end the following:
``2410r. Multiyear contract authority: purchase of alternative
fuels.''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall issue regulations
providing that the head of an agency may enter into a multiyear
contract as authorized by section 2410r of title 10, United States Code
(as added by subsection (a)), only if the head of the agency has
determined in writing that--
(1) there is a reasonable expectation that, throughout the
contemplated contract period, the head of the agency will
request funding for the contract at the level required to avoid
contract cancellation;
(2) the technical risks associated with the technologies
for the production of alternative fuel under the contract are
not excessive;
(3) the contract will contain appropriate pricing
mechanisms to minimize risk to the Federal Government from
significant changes in market prices for energy; and
(4) the contract will not be used by the Department of
Defense to finance new facilities intended to produce fuel for
consumption by the Federal Government.
(c) Limitation on Use of Authority.--No contract may be entered
into under section 2410r of title 10, United States Code (as so added),
until the regulations required by subsection (b) are issued.
SEC. 8. ELECTRIC VEHICLE IMPACT ON ELECTRICITY DEMAND.
Section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)) is
amended--
(1) by striking ``(3) The term'' and inserting the
following:
``(3) Best available control technology.--
``(A) Definition.--
``(i) In general.--The term'';
(2) in the second sentence, by striking ``In no event'' and
inserting the following:
``(B) Emission limitations.--
``(i) In general.--In no event'';
(3) in the third sentence, by striking ``Emissions'' and
inserting the following:
``(ii) Prohibition on certain increases.--
Emissions''; and
(4) by adding at the end the following:
``(C) Additional considerations.--For purposes of
establishing the `best available control technology'
for a major emitting facility that is an electric
generating facility located in a region in which demand
for electricity has increased significantly due to the
volume of electric vehicles, the permitting authority
shall take into account the extent to which the
emissions of a pollutant have been reduced as a result
of the increased use of electric vehicles.''. | American Alternative Fuels Act of 2011 - Amends the Energy Independence and Security Act of 2007 to repeal the requirement that any federal agency procurement contract for an alternative or synthetic fuel, including those from nonconventional petroleum sources, for any mobility-related use (except research or testing) specify that lifecycle greenhouse gas emissions associated with the fuel must, on an ongoing basis, be less than or equal to such emissions from equivalent conventional fuel produced from conventional petroleum sources.
Amends the Energy Policy Act of 2005 to: (1) require the Secretary of Energy to report to certain congressional committees the reasons for any delayed approval of an application for a loan guarantee for a substitute natural gas, chemical feedstock, or liquid transportation fuel project; and (2) make certain substitute natural gas production facilities eligible for loan guarantees.
Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA), as an algae-based fuel incentive when calculating the applicable volume of renewable fuel for each calendar year, to consider each gallon of renewable biomass produced from algae to be equal to three gallons of renewable fuel if the algae-based fuel was produced using carbon dioxide captured in a manner that prevented its uncontrolled release into the atmosphere during a separate energy production process.
Authorizes the Secretary of Defense (DOD), the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security (DHS), and the Administrator of the National Aeronautics and Space Administration (NASA) to enter into multiyear procurement contracts for alternative fuels, subject to certain requirements.
Amends the Clean Air Act to direct the permitting authority, when establishing the best available control technology for a major emitting facility that is an electric generating facility located in a region in which demand for electricity has increased significantly due to the volume of electric vehicles, to take into account the extent to which emissions of a pollutant have been reduced as a result of the increased use of such vehicles. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Leasing Amendments Act of
2003''.
SEC. 2. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES.
Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended in
the first sentence by striking ``such lease,'' and all that follows
through the end of the sentence and inserting ``such lease.''.
SEC. 3. MINING PLANS.
Section 2(d)(2) of the Mineral Leasing Act (30 U.S.C. 202a(2)) is
amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) The Secretary may establish a period of more than 40 years if
the Secretary determines that the longer period--
``(i) will ensure the maximum economic recovery of a coal
deposit; or
``(ii) the longer period is in the interest of the orderly,
efficient, or economic development of a coal resource.''.
SEC. 4. PAYMENT OF ADVANCE ROYALTIES UNDER COAL LEASES.
(a) In General.--Section 7(b) of the Mineral Leasing Act of 1920
(30 U.S.C. 207(b)) is amended to read as follows:
``(b)(1) Each lease shall be subjected to the condition of diligent
development and continued operation of the mine or mines, except where
operations under the lease are interrupted by strikes, the elements, or
casualties not attributable to the lessee.
``(2)(A) The Secretary of the Interior, upon determining that the
public interest will be served thereby, may suspend the condition of
continued operation upon the payment of advance royalties.
``(B) Such advance royalties shall be computed based on the average
price for coal sold in the spot market from the same region during the
last month of each applicable continued operation year.
``(C) The aggregate number of years during the initial and any
extended term of any lease for which advance royalties may be accepted
in lieu of the condition of continued operation shall not exceed 20.
``(3) The amount of any production royalty paid for any year shall
be reduced (but not below zero) by the amount of any advance royalties
paid under such lease to the extent that such advance royalties have
not been used to reduce production royalties for a prior year.
``(4) This subsection shall be applicable to any lease or logical
mining unit in existence on the date of the enactment of this paragraph
or issued or approved after such date.
``(5) Nothing in this subsection shall be construed to affect the
requirement contained in the second sentence of subsection (a) relating
to commencement of production at the end of 10 years.''.
(b) Authority To Waive, Suspend, or Reduce Advance Royalties.--
Section 39 of the Mineral Leasing Act (30 U.S.C. 209) is amended by
striking the last sentence.
SEC. 5. ELIMINATION OF DEADLINE FOR SUBMISSION OF COAL LEASE OPERATION
AND RECLAMATION PLAN.
Section 7(c) of the Mineral Leasing Act (30 U.S.C. 207(c)) is
amended by striking ``and not later than three years after a lease is
issued,''.
SEC. 6. AMENDMENTS RELATING TO FINANCIAL ASSURANCES WITH RESPECT TO
BONUS BIDS.
(a) Prohibition on Requiring Surety Bonds.--Section 2(a) of the
Mineral Leasing Act (30 U.S.C. 201(a)) is amended by adding at the end
the following:
``(4) The Secretary shall not require a surety bond or any other
financial assurance to guarantee payment of deferred bonus bid
installments with respect to any coal lease issued based upon a cash
bonus bid.
``(5) Notwithstanding any other provision of law, if the lessee
under a coal lease fails to pay any installment of a deferred cash
bonus bid within 10 days after the Secretary provides written notice
that payment of such installment is past due--
``(A) such lease shall automatically terminate;
``(B) any deferred bonus payments that have not been paid
to the United States with respect to such lease shall no longer
be owed to the United States; and
``(C) any bonus payments already made to the United States
with respect to such lease shall not be returned to the lessee
or credited in any future lease sale.''.
(b) Conforming Amendment.--Section 2(a)(1) of the Mineral Leasing
Act (30 U.S.C. 201(a)(1)) is amended by striking ``Upon default or
cancellation of any coal lease for which bonus payments are due, any
unpaid remainder of the bid shall be immediately payable to the United
States.''.
SEC. 7. INVENTORY REQUIREMENT.
(a) Review of Assessments.--
(1) In general.--The Secretary of the Interior, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, shall review coal assessments and other
available data to identify--
(A) public lands with coal resources;
(B) the extent and nature of any restrictions or
impediments to the development of coal resources on
public lands identified under paragraph (1); and
(C) with respect to areas of such lands for which
sufficient data exists, resources of compliant coal and
supercompliant coal.
(2) Definitions.--For purposes of this subsection--
(A) the term ``compliant coal'' means coal that
contains not less than 1.0 and not more than 1.2 pounds
of sulfur dioxide per million Btu; and
(B) the term ``supercompliant coal'' means coal
that contains less than 1.0 pounds of sulfur dioxide
per million Btu.
(b) Completion and Updating of the Inventory.--The Secretary--
(1) shall complete the inventory under subsection (a) by
not later than 2 years after the date of the enactment of this
Act; and
(2) shall update the inventory as the availability of data
and developments in technology warrant.
(c) Report.--The Secretary shall submit to the Committee on
Resources of the House of Representatives and to the Committee on
Energy and Natural Resources of the Senate and make publicly
available--
(1) a report containing the inventory under this section,
by not later than 2 years after the effective date of this
section; and
(2) each update of such inventory.
SEC. 8. APPLICATION OF AMENDMENTS.
The amendments made by this Act apply with respect to any coal
lease issued before, on, or after the date of the enactment of this
Act. | Coal Leasing Amendments Act of 2003 - Amends the Mineral Leasing Act to repeal the 160-acre limitation placed upon coal leases.Authorizes the Secretary of the Interior to establish a mining plan period of more than 40 years upon a determination that the longer period: (1) will ensure the maximum economic recovery of a coal deposit; or (2) the longer period is in the interest of the orderly, efficient, or economic development of a coal resource.Revises the statutory formula for the payment of advance royalties. Extends from ten years to twenty years the lease term for which advance royalties may be accepted in lieu of the condition of continued operation.Eliminates the deadline for submission of a coal lease operation and reclamation plan.Prohibits the Secretary from requiring a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued based upon a cash bonus bid.Requires the Secretary to review and identify for Congress coal assessments on public lands and the restrictions or impediments to development of those resources. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Design Piracy Prohibition Act''.
SEC. 2. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
(a) Designs Protected.--Section 1301 of title 17, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Fashion design.--A fashion design is subject to
protection under this chapter.''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting ``, or an
article of apparel,'' after ``plug or mold''; and
(B) by adding at the end the following:
``(7) A `fashion design'--
``(A) is the appearance as a whole of an article of
apparel, including its ornamentation; and
``(B) includes original elements of the article of
apparel or the original arrangement or placement of
original or non-original elements as incorporated in
the overall appearance of the article of apparel.
``(8) The term `design' includes fashion design, except to
the extent expressly limited to the design of a vessel.
``(9) The term `apparel' means--
``(A) an article of men's, women's, or children's
clothing, including undergarments, outerwear, gloves,
footwear, and headgear;
``(B) handbags, purses, wallets, duffel bags,
suitcases, tote bags, and belts; and
``(C) eyeglass frames.
``(10) In the case of a fashion design, the term `trend'
means a newly popular concept, idea, or principle expressed in,
or as part of, a wide variety of designs of articles of apparel
that create an immediate amplified demand for articles of
apparel embodying that concept, idea, or principle.''.
(b) Designs Not Subject to Protection.--Section 1302(5) of title
17, United States Code, is amended--
(1) by striking ``(5)'' and inserting ``(5)(A) in the case
of a design of a vessel hull,'';
(2) by striking the period and inserting ``; or''; and
(3) by adding at the end the following:
``(B) in the case of a fashion design, embodied in a useful
article that was made public by the designer or owner in the
United States or a foreign country more than 6 months before
the date of the application for registration under this
chapter.''.
(c) Revisions, Adaptations, and Rearrangements.--Section 1303 of
title 17, United States Code, is amended by adding at the end the
following: ``The presence or absence of a particular color or colors or
of a pictorial or graphic work imprinted on fabric shall not be
considered in determining the originality of a fashion design under
section 1301 or 1302 or this section or the similarity or absence of
similarity of fashion designs in determining infringement under section
1309.''.
(d) Term of Protection.--Section 1305(a) of title 17, United States
Code, is amended to read as follows:
``(a) In General.--Subject to subsection (b), the protection
provided under this chapter--
``(1) for a design of a vessel hull, shall continue for a
term of 10 years beginning on the date of the commencement of
protection under section 1304; and
``(2) for a fashion design, shall continue for a term of 3
years beginning on the date of the commencement of protection
under section 1304.''.
(e) Infringement.--Section 1309 of title 17, United States Code, is
amended--
(1) in subsection (c), by striking ``that a design was
protected'' and inserting ``or reasonable grounds to know that
protection for the design is claimed'';
(2) by amending subsection (e) to read as follows:
``(e) Infringing Article Defined.--
``(1) In general.--As used in this section, an `infringing
article' is any article the design of which has been copied
from a design protected under this chapter, or from an image
thereof, without the consent of the owner of the protected
design. An infringing article is not an illustration or picture
of a protected design in an advertisement, book, periodical,
newspaper, photograph, broadcast, motion picture, or similar
medium.
``(2) Vessel hull design.--In the case of a design of a
vessel hull, a design shall not be deemed to have been copied
from a protected design if it is original and not substantially
similar in appearance to a protected design.
``(3) Fashion design.--In the case of a fashion design, a
design shall not be deemed to have been copied from a protected
design if it is original and not closely and substantially
similar in overall visual appearance to a protected design, if
it merely reflects a trend, or if it is the result of
independent creation. This paragraph shall not be construed to
permit the copying of a discrete design protected by this
chapter.''; and
(3) by adding at the end the following:
``(h) Secondary Liability.--The doctrines of secondary infringement
or secondary liability that are applied in actions under chapter 5 of
this title apply to the same extent to actions under this chapter. Any
person who is liable under either such doctrine under this chapter is
subject to all the remedies provided under this chapter, including
those attributable to any underlying or resulting infringement.''.
(f) Application for Registration.--Section 1310 of title 17, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Time Limit for Application for Registration.--
``(1) Vessel hull design.--In the case of a design of a
vessel hull, protection under this chapter shall be lost if
application for registration of the design is not made within 2
years after the date on which the design is first made public.
``(2) Fashion design.--In the case of a fashion design,
protection under this chapter shall be lost if application for
registration of the design is not made within 6 months after
the date on which the design is first made public by the
designer or owner in the United States or a foreign country.'';
(2) in subsection (b), by striking ``offered for sale'' and
inserting ``offered for individual or public sale''; and
(3) in subsection (d)--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and moving
such subparagraphs 2 ems to the right;
(B) by striking ``The application for registration
shall be made to the Administrator and shall state--''
and inserting the following:
``(1) In general.--The application for registration shall
be made to the Administrator and shall state--''; and
(C) by adding at the end the following:
``(2) Vessel hull designs.--In the case of a design of a
vessel hull, the application for registration may include a
description setting forth the salient features of the design,
but the absence of such a description shall not prevent
registration under this chapter.
``(3) Fashion designs.--In the case of a fashion design,
the Administrator shall require a brief description of the
design for purposes of matching the search criteria of the
searchable database established under section 1333, except that
such brief descriptions shall in no way limit the protection
granted to the design or the subject matter of the registration
under this chapter.''.
(g) Recovery for Infringement.--Section 1323 of title 17, United
States Code, is amended by striking ``$50,000 or $1 per copy'' and
inserting ``250,000 or $5 per copy''.
(h) Penalty for False Representation.--Section 1327 of title 17,
United States Code, is amended--
(1) by striking ``$500'' and inserting ``5,000''; and
(2) by striking ``$1,000'' and inserting ``$10,000''.
(i) Common Law and Other Rights Unaffected.--Section 1330 of title
17, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(3) any rights that may exist under provisions of this
title other than this chapter.''.
(j) Searchable Database for Fashion Design.--
(1) In general.--Chapter 13 of title 17, United States
Code, is amended by adding at the end the following:
``Sec. 1333. Searchable database for fashion design
``(a) In General.--The Administrator shall establish and maintain a
computerized database of fashion designs protected under this chapter.
The database--
``(1) shall be searchable electronically, by general
apparel and accessory categories;
``(2) shall include the information required by
subparagraphs (A), (B), (C), (D), and (F) of paragraph (1), and
paragraph (3), or section 1310(d); and
``(3) shall be available to the public without a fee or
other access charge.
``(b) Additional Requirements.--The database under subsection (a)
shall contain a substantially complete visual representation of all
fashion designs that have been submitted for registration under this
chapter, and shall include information as to the status of those
designs, such as whether such designs are--
``(1) registered under section 1313(a);
``(2) denied registration under section 1313 (b);
``(3) cancelled under section 1313(c); or
``(4) expired under section 1305.''.
(2) Conforming amendment.--The table of sections for
chapter 13 of title 17, United States Code, is amended by
adding at the end the following:
``1333. Searchable database for fashion design.''.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the amendments made by this subsection.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act. | Design Piracy Prohibition Act - Extends copyright protection to fashion designs. Includes as protected items clothing, handbags, duffel bags, tote bags, and eyeglass frames. Excludes from such protection designs embodied in a useful article made public by the designer more than six months before the registration of copyright application. Prohibits considering certain factors in determining the originality of a fashion design. Sets the term of protection at three years.
Declares that it is not infringement to make, have made, import, sell, or distribute any article which was created without reasonable grounds to know that design protection is claimed.
Prohibits deeming a fashion design to have been copied from a protected design if it: (1) is original and not closely and substantially similar in overall visual appearance to a protected design; (2) merely reflects a trend; or (3) is the result of independent creation.
Prohibits deeming a vessel hull design to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.
Applies the doctrines of secondary infringement or secondary liability to actions related to original designs.
Requires that applications for design registration be made within two years after the design is made public for vessel hulls and within six months after the design is made public for fashion designs. (Current law sets such a time limit at two years for designs in general.)
Increases allowable damage awards for infringement of original designs and for false representation.
Requires the Register of Copyrights to establish and maintain an electronically searchable fashion design database available to the public without charge. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Courts Budget Protection
Act''.
SEC. 2. BUDGET ESTIMATES.
(a) In General.--Section 605 of title 28, United States Code, is
amended to read as follows:
``Sec. 605. Budget estimates
``(a) The Director, under the supervision of the Judicial
Conference of the United States, shall submit to Congress before
January 25 of each year annual estimates of the following:
``(1)(A) The expenditures and appropriations necessary for
the maintenance and operation of the courts and the
Administrative Office and the operation of the judicial
survivors annuity fund and any supplemental and deficiency
estimates as may be required for such purposes according to
law.
``(B) The estimates required by this paragraph shall be
approved, before presentation to Congress, by the Judicial
Conference of the United States, except that the estimate with
respect to the Court of International Trade shall be approved
by that court and the estimate with respect to the United
States Court of Appeals for the Federal Circuit shall be
approved by that court.
``(2)(A) The expenditures and appropriations necessary for
real property construction activities, including construction
and acquisitions and repairs and alterations, related to United
States courthouses and other space occupied by entities of the
judicial branch.
``(B) Estimated expenditures and appropriations under this
paragraph shall be based on prospectuses and other information
provided by the Administrator of General Services.
``(C) For the purpose of preparing estimated expenditures
and appropriations under this paragraph, the Administrator of
General Services shall, at such times as are required by
Congress or the judicial branch to ensure timely development
and consideration of courthouse needs and budget requests,
prepare and submit directly--
``(i) prospectuses, including cost estimates, for
future judicial branch construction, acquisition, and
repair and alteration projects to the Director, the
Committee on Environment and Public Works of the
Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committees on Appropriations of the Senate and House of
Representatives; and
``(ii) preliminary planning, design and cost
estimates of future judicial branch construction,
acquisition, and repair and alteration projects to the
Director.
``(D) In accordance with estimates prepared under this
paragraph, funds may be appropriated to the judicial branch for
deposit into the Federal Buildings Fund for the construction,
acquisition, and repair and alteration of Federal courthouses.
Funds deposited into the Federal Buildings Fund under this
subparagraph shall not be available for expenses in connection
with any construction, acquisition, and repair and alteration
project for which a prospectus, if required by section 7 of the
Public Buildings Act of 1959 (40 U.S.C. 606), has not been
approved by the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, except that
necessary funds may be expended for each project for required
expenses in connection with the development of a proposed
prospectus.
``(b)(1) The estimates submitted to Congress under subsection (a)
shall also be submitted to the President for inclusion in the budget of
the United States. In each budget of the United States Government
submitted by the President under the first sentence of section 1105(a)
of title 31, the President shall make no change or alterations
whatsoever, and shall not impose or otherwise recommend, directly or
indirectly, implementation of a negative allowance, rescission, or any
other form of reduction or change to such estimates.
``(2) For the purpose of preparing a unified Federal budget by the
President, the Director shall transmit to the President--
``(A) preliminary estimated expenditures and proposed
appropriations for the judicial branch before October 16 of
each year; and
``(B) final estimated expenditures and proposed
appropriations for the judicial branch before December 24 of
each year, and such final estimates shall be identical to the
estimates to be submitted to Congress under subsection (a).
``(c) The Director shall cause periodic examinations of the
judicial survivors annuity fund to be made by an actuary, who may be an
actuary employed by another department of the Government temporarily
assigned for the purpose, and whose findings and recommendations shall
be transmitted by the Director to the Judicial Conference.''.
(b) Conforming Amendment.--Section 1105(b) of title 31, United
States Code, is amended by adding at the end the following: ``Estimated
expenditures and proposed appropriations for the judicial branch
described under section 605 of title 28 shall be included in the budget
and submitted to the President in accordance with that section.''.
(c) Responsibilities of the Administrator.--Except for the budget
submission process provided in section 605(a)(2) of title 28, United
States Code, as added by subsection (a) of this section, the
responsibilities of the Administrator of General Services for--
(1) assessing, with the Director of the Administrative
Office of the United States Courts, the facility requirements,
specifications, and costs associated with housing the needs of
the judicial branch in buildings to be constructed, leased, or
renovated through funds made available to the General Services
Administration from the Federal Buildings Fund or any other
source;
(2) the planning, cost estimating, design and performance
of construction, leasing and repair, and alteration functions
for the purpose of housing the activities of the judicial
branch; and
(3) the planning and determination of the housing plans of
those elements of the executive branch which should be included
in buildings to be constructed, leased, or renovated for the
judicial branch where necessary to support the activities of
the judicial branch or to best meet the needs of the Federal
community;
shall not be affected by section 605(a) of title 28, United States
Code, as added by subsection (a). | Requires the Administrator, at such times as are required by Congress or the judicial branch to ensure timely development and consideration of courthouse needs and budget requests, to prepare and submit directly: (1) to the Director and to specified congressional committees prospectuses, including cost estimates, for future judicial branch construction, acquisition, and repair and alteration projects; and (2) to the Director preliminary planning, design, and cost estimates of future judicial branch construction, acquisition, and repair and alteration projects. Authorizes funds to be appropriated (in accordance with such estimates) to the judicial branch for deposit into the Federal Buildings Fund.
Directs that the estimates submitted to Congress also be submitted to the President for inclusion in the U.S. budget. Prohibits the President from: (1) making any changes in including the estimates in the budget; and (2) imposing or otherwise recommending implementation of a negative allowance, rescission, or any other form of reduction or change to such estimates.
Requires the Director, for the purpose of preparing a unified Federal budget, to transmit to the President: (1) preliminary estimated expenditures and proposed appropriations for the judicial branch before October 16 of each year; and (2) final estimated expenditures and proposed appropriations for the judicial branch before December 24 of each year, which shall be identical to the estimates to be submitted to Congress.
Requires the Director to cause periodic examinations of the Fund to be made by an actuary, whose findings and recommendations shall be transmitted to the Judicial Conference. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Accountability in
Security Contracting Act''.
SEC. 2. REQUIREMENTS RELATING TO PERSONNEL PERFORMING PRIVATE SECURITY
FUNCTIONS UNDER FEDERAL CONTRACTS.
(a) Accountability Requirements for Personnel Performing Private
Security Functions Under Federal Contracts.--
(1) Requirement to provide certain information about
personnel performing private security functions.--Each covered
contract shall require the contractor to provide to the
contracting officer for the contract, not later than 5 days
after award of the contract, the following information
regarding private security functions performed under the
contract:
(A) Number of persons to be used to perform such
functions.
(B) A description of how such persons are trained
to carry out tasks specified under the contract
relating to such functions.
(C) A description of each category of activity
relating to such functions required by the contract.
(2) Updates of information.--The information provided under
paragraph (1) shall be updated during contract performance as
necessary.
(3) Safeguarding information.--The head of each agency
awarding a covered contract shall take such actions as are
necessary to protect any information provided under paragraph
(1) that is a trade secret, or commercial or financial
information, from disclosure to persons outside the Government.
(4) Accounting.--Each covered contract shall include the
following requirements:
(A) Upon award of the contract, the contractor
shall provide cost estimates of salary, benefits,
insurance, materials, logistics, travel, administrative
costs, and other costs of carrying out private security
functions under the contract.
(B) Before contract closeout (other than closeout
of a firm, fixed price contract), the contractor shall
provide a report on the actual costs of carrying out
private security functions under the contract, in the
same categories as provided under subparagraph (A).
(5) Casualty reporting.--Each covered contract shall
require full reporting to the contracting officer for the
contract by the contractor of all personnel casualties in
carrying out the contract.
(6) Oversight.--Before a covered contract is awarded, the
head of the agency awarding the contract shall ensure that
sufficient resources are available to enable contracting
officers of the agency to perform oversight of the performance
of the contract.
(7) Waiver authority.--
(A) The head of the agency awarding a covered
contract may waive a requirement of this section with
respect to a contract in an emergency or exceptional
situation, as determined by the head of the agency. Any
such waiver shall be limited to the requirements that
are impossible or impracticable to implement because of
the emergency or exceptional situation. In any case in
which the head of an agency waives a requirement under
this section with respect to a contract, the agency
head shall submit to the congressional committees
listed in subparagraph (B) a report, within 30 days
after the date of the waiver, that describes the
contract, the waiver, the emergency or exceptional
situation that justified the waiver, and a plan for
bringing the contract into compliance with the waived
requirements as soon as possible or an explanation of
why the waiver needs to be permanent.
(B) The congressional committees referred to in
subparagraph (A) are the following:
(i) The Committees on Appropriations, Armed
Services, Government Reform, and International
Relations of the House of Representatives.
(ii) The Committees on Appropriations,
Armed Services, Homeland Security and
Governmental Affairs, and Foreign Relations of
the Senate.
(b) Hiring, Training, and Equipment Standards Relating to Private
Security Contractors.--
(1) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Administrator of the United States
Agency for International Development shall prescribe in
regulations minimum standards (appropriate for each department
or agency) for the persons that covered contractors may hire
for the performance of private security functions under the
contract, and minimum standards for the training of such
persons, including the level of training and any certifications
required. The standards may vary based on the duties of
personnel, but must address past criminal activity, security
clearance requirements, and other issues that either Secretary
or the Administrator determines may lead to security or
performance concerns.
(2) Guidance for equipment.--The Secretary of Defense, the
Secretary of State, and the Administrator for the United States
Agency for International Development shall issue guidance
(appropriate for each department or agency) on equipment used
for private security functions under covered contracts with the
department or agency concerned, including appropriate levels of
body armor and equipment armor, and a recommended list of re-
armorers and weapons and armor manufacturers for complying with
such guidelines.
(3) Consultation with secretary of defense.--The Secretary
of State and the Administrator of the United States Agency for
International Development shall consult with the Secretary of
Defense in developing regulations and guidance under this
subsection.
(c) Report on Cost Analysis Relating to Equipment.--Not later than
six months after the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Secretary of State and the
Administrator of the United States Agency for International
Development, shall submit to Congress a report containing--
(1) an analysis of the costs to the Federal Government of
purchasing equipment to supply to contractors to carry out
private security functions under covered contracts in
comparison to the costs to the Federal Government of
reimbursing contractors for equipment purchased by the
contractors to carry out such functions; and
(2) such findings and recommendations as the Secretary
considers appropriate.
(d) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract''
means--
(A) a prime contract with the Department of
Defense, the Department of State, or the United States
Agency for International Development;
(B) a subcontract at any tier under any prime
contract with a department or agency referred to in
subparagraph (A); or
(C) a task order issued under a task or delivery
order contract entered into by a department or agency
referred to in subparagraph (A);
if the work to be performed under the contract, subcontract, or
task order includes private security functions to be performed
outside the United States.
(2) Private security functions.--The term ``private
security functions'', with respect to a covered contract,
means--
(A) any activities for which personnel are allowed
to carry weapons in the performance of the contract; or
(B) the performance of any of the following:
(i) Military logistics and maintenance.
(ii) Interrogation of prisoners.
(iii) Convoy security.
(iv) Guarding vital facilities and
personnel.
(v) Tactical security work.
(vi) Local force training.
(e) Effective Date.--This section shall apply to covered contracts
entered into on or after the date occurring 60 days after the date of
the enactment of this Act. | Transparency and Accountability in Security Contracting Act - Directs that each "covered contract" (i.e., a contract entered into by the government with a private security contractor, or a task order issued under the contract) require contractors to provide the contracting officer with information at the time the contract is awarded and to update the information during contract performance regarding: (1) the number of persons being used to perform contract functions; (2) training of personnel; and (3) categories of activity required by the contract.
Directs the contractor to provide: (1) pre-contract cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other contract costs; (2) before contract closeout, a report on the actual costs; and (3) casualty information.
Sets forth oversight and emergency waiver authority provisions.
Directs the Secretary of Defense (DOD), the Secretary of State, and the Administrator for the United States Agency for International Development (USAID) with respect to such contracts to: (1) prescribe minimum hiring standards, including criminal activity or security clearance information requirements, and (2) issue equipment guidance. | billsum_train |
Change the following text into a summary: That this Act may be
cited as the ``Small Business Preservation and Protection Act of
1993''.
congressional finding and declaration of policy
Sec. 2. (a) The Congress finds that the existence, in businesses
engaged in commerce or in the production, processing, manufacturing,
and distribution of livestock and meat food products for commerce, of
marketing conditions detrimental to the maintenance of a free and
competitive environment needed for the health, efficiency, and the
general well-being of business (1) unduly burdens small businesses; (2)
burdens commerce and the free flow of livestock and meat food products
in commerce; (3) impairs the participation of small business
enterprises in Federal procurement and Government contracts; (4)
interferes with the orderly and fair marketing of goods in commerce by
small businesses; (5) leads to a burdening and obstruction of commerce
and the free flow of goods in commerce; and (6) that it is in the
national interest to further define the level of activity and course of
conduct which is appropriate for the protection of small businesses.
(b) It is declared to be the policy of this Act, through the
exercise by Congress of its power to assist and protect small
businesses, to correct, to prevent, and as rapidly as possible to
eliminate the conditions referred to above.
definitions
Sec. 3. As used in this Act--
(a) ``Administrator'' means the Administrator of the Small
Business Administration of the United States, or any officer or
employee of the Small Business Administration to whom authority
has been or may be delegated to act in his stead;
(b) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and the Virgin Islands;
(c) ``commerce'' means trade, traffic, commerce, or
transportation, within the jurisdiction of the United States
(1) between a place in a State and any place outside of such
State, or (2) which affects trade, traffic, commerce, or
transportation described in clause (1);
(d) ``activity affecting commerce'' means any activity in
commerce, or burdening or obstructing commerce or the free flow
of goods in commerce, or having led or tending to lead to a
burdening or obstruction of commerce or the free flow of
commerce, or having led or tending to impair a free and
competitive environment needed for the health, efficiency, and
general well-being of business;
(e) ``person'' means any individual or any partnership,
corporation, joint stock company, any organized group whether
or not incorporated, or any other business association existing
under or authorized by the laws of either the United States,
the laws of any State, or the laws of any foreign country;
(f) ``packer'' means any person engaged in the business (1)
of buying livestock in commerce for the purposes of slaughter,
or (2) of manufacturing or preparing meats or meat food
products for sale, or shipment in commerce, or (3) of marketing
meats, meat food products, or livestock products in an
unmanufactured form acting as a wholesale broker, dealer, or
distributor in commerce, or (4) of buying, slaughtering,
manufacturing, preparing, or processing meats, meat food
products, or livestock which involves any activity affecting
commerce. For the purposes of this Act, all references to
``packer'' also include any person who directly or indirectly
owns or controls a packer or any subsidiary, plant, facility,
division, affiliate, joint venture, or any other entity under
the direct or indirect control of a packer;
(g) ``small business meatpacking concern'' means any packer
which has less than a 5 per centum share of the national
slaughter for each of the three classifications;
(h) ``slaughter'' means the act of killing an animal for
human consumption;
(i) ``process'' means any reduction of the carcass, after
slaughter, into smaller cuts (such as primals or fabricated
cuts) or cutting the carcass or primals to subprimals or
smaller. For purposes of this Act, ``process'' shall be
synonymous with ``fabricate'' or ``break'';
(j) ``carcass'' means the dressed body of a slaughtered
animal, excluding viscera, and includes each of the four
quarters of the animal;
(k) ``meat food products'' means all products and
byproducts of the cattle and hog slaughtering and meatpacking
industry, if edible;
(l) ``livestock'' means cattle or hogs, whether live or
dead;
(m) ``classification'' refers to each of the following: (1)
steers and heifers, (2) cows and bulls, or (3) hogs. For the
purposes of this Act, there are three separate classifications;
(n) ``livestock futures contract'' means standardized
contracts covering the purchase or sale of cattle, hogs or meat
food products for future delivery on or subject to the rules of
a contract market designated pursuant to section 5 of the
Commodity Exchange Act as amended (7 U.S.C. 7);
(o) ``retail'' means to sell directly to the consumer; and
(p) ``future livestock transaction'' means any livestock
futures contract and any contract dealing with cattle, hogs or
meat food products, whether traded on a contract market or not,
commonly known to the trade as a margin account, margin
contract, leverage account, leverage contract, option,
privilege, indemnity, bid, offer, put, call, advance guaranty,
or decline guaranty.
prohibited activities
Sec. 4. (a) Each of the following activities is deemed to be unfair
and detrimental to small business meatpacking concerns and each such
activity is prohibited as follows:
(1) No packer which is not a small business meatpacking
concern shall own, lease, or operate in any manner any retail
meat outlet in the United States.
(2) No packer's total slaughter for any classification
during any calendar year shall exceed 25 per centum of the
larger of the last two annual national slaughter totals for
that classification as most recently published by the Crop
Reporting Board, Economics, Statistics, and Cooperatives
Service, United States Department of Agriculture. For the
purposes of this paragraph, a packer's purchase, acquisition,
or control in any manner of carcasses or any other meat food
products from any other person or packer shall be added to that
packer's annual slaughter total for the appropriate
classification and this combined total shall not exceed 25 per
centum of the larger of the last two annual national slaughter
totals published for that classification.
(3) No packer shall engage in any unreasonable use of
economic power or discriminate in price between different
purchasers of meat food products in any marketing area of the
United States for the purpose of impairing in any manner the
marketing ability of one or more small business meatpacking
concerns in such marketing area.
(4) No packer shall sell below cost or contract to sell
below cost any meat food products for the purpose of impairing
in any manner the marketing ability of one or more small
business meatpacking concerns or for the purpose of eliminating
one or more small business meatpacking concerns. Nothing
contained herein shall prevent a packer from selling below cost
from time to time where such action is in response to changing
supply and demand conditions affecting the market for or the
marketability of the meat food products concerned, such as but
not limited to actual or imminent deterioration of perishable
goods, distress sales under court process, or sales in good
faith in discontinuance of business.
(5) Any officer of a packer which is required to file an
annual report by the regulations issued under the Packers and
Stockyards Act (7 U.S.C. 181) by the United States Department
of Agriculture is prohibited from owning or entering into any
future livestock transaction.
(6) No packer, which is required to file an annual report
by the regulations issued under the Packers and Stockyards Act
(7 U.S.C. 181) by the United States Department of Agriculture,
may engage in any livestock futures contract activity or future
livestock transaction other than a bona fide hedge transaction
as defined by the regulations of the Commodity Futures Trading
Commission enacted pursuant to the Commodity Exchange Act, as
amended (7 U.S.C. 7).
(b) Authority to enforce compliance with this section is vested in
the Administrator. The Administrator is empowered to secure compliance
with this section by filing a complaint with the appropriate department
or agency of the United States. Such department or agency shall
immediately and forthwith investigate the complaint filed by the
Administrator and if such department or agency deems that the complaint
has merit, shall initiate the appropriate action to enforce compliance
with this section, utilizing all applicable statutes and regulations of
such department or agency.
(c) Any person or packer who knowingly violates any provision of
this section shall, upon conviction, be punished by a fine of not more
than $500,000 for each such offense committed. Additionally, after such
person or packer has received notice from either the Administrator or
the department or agency to whom the Administrator has referred the
complaint that a violation of this section has occurred or is
occurring, each day during which a violation of this section occurs
shall be deemed a separate offense.
(d) Any small business meatpacking concern which is injured in his
business or property in an amount exceeding $10,000 by reason of any
activity forbidden by this section may sue therefor in any district
court in the United States in the district in which the defendant
resides or is found or has an agent and shall recover threefold the
damages sustained by such small business meatpacking concern, together
with the cost of the suit, including a reasonable attorney's fee.
miscellaneous provisions and effective date
Sec. 5. (a) If any provision of this Act or the application thereof
to any person or circumstances is held invalid, the validity of the
remainder of the Act and of the application of such provision to other
persons and circumstances shall not be affected thereby.
(b) Nothing contained in this Act shall be construed to prevent or
interfere with the enforcement of the Antitrust Acts or the Acts to
regulate commerce, nor shall anything contained in this Act be
construed to release any person from any obligation, limitation, or
requirement of any Act prohibiting restraint of trade or unfair
competition.
(c) This Act shall become effective on the first day of January
after the date of enactment. | Small Business Preservation and Protection Act of 1993 - Prohibits any packer with more than a five percent share of the national slaughter in three classifications from owning or operating any retail meat outlet.
Prohibits any packer's total annual slaughter for any classification from exceeding 25 percent of the larger of the last two annual national slaughter totals.
Prohibits any packer from discriminating in price between different purchasers of meat food products in any marketing area or selling below costs for the purpose of impairing the marketing ability of small business meatpacking concerns.
Prohibits certain packers which are required to file reports under the Packers and Stockyards Act from engaging in livestock futures contracts.
Vests authority to enforce such prohibitions in the Administrator of the Small Business Administration. Establishes fines for violations and permits small business meatpacking concerns which are injured to sue in district court for treble damages. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cooperative
Antiterrorism Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The use of terrorism is detestable and an illegitimate
means of political expression.
(2) International terrorist organizations pose a direct
threat to the United States, and this threat is becoming more
acute and more difficult to prevent.
(3) The threat from international terrorism is made far
more dangerous by the proliferation of chemical, biological,
and radiological weapons and the means to produce those
weapons.
(4) The prosecution of the war against international
terrorist organizations must continue until the threat they
pose to the people and interests of the United States is
eliminated.
(5) The United States can only win the war against
terrorism if it receives cooperation from other countries and
entities.
(6) Protecting the United States homeland and United States
interests overseas from terrorism is of the highest priority in
the foreign relations of the United States.
(7) Cooperation in the global war against international
terrorism must be a primary focus of United States foreign
relations, United States assistance, and international security
relations.
(8) Winning the global war against international terrorism
requires cooperation from the international community,
especially in the areas of preventing the financing of terror,
sharing information on international terror networks,
eliminating terror cells, and in preventing the promotion of
virulent anti-Americanism with the intent to incite violence
and the glorification of terrorism in state-owned media and
state-controlled schools.
(9) The promotion of terrorism, intolerance, and virulent
anti-Americanism in state-owned media and state-controlled
education systems is abhorrent and poses a long-term threat to
the safety and security of the United States as well as the
community of nations.
(10) All countries and entities must be encouraged to
cooperate in the global war against international terrorism.
(11) Some foreign governments and entities are doing little
to counter proterrorist and prointolerance messages to mass
audiences, including to school age children.
(12) Countries providing direct or indirect assistance to
international terrorist organizations undermine the direct
security interests of the United States.
(13) Countries demonstrating indifference to or providing
actual endorsement of international terror as a legitimate
political tool make a direct threat to the security interests
of the United States.
(14) United States economic assistance programs and the
transfer of United States Munitions List items are a critical
tool of United States foreign policy and winning the global war
against international terrorism.
(15) Countries receiving United States assistance and the
export of items on the United States Munitions List should be
expected to support the global war against international
terror.
(16) Several existing laws, including the USA Patriot Act
of 2001, the Antiterrorism and Effective Death Penalty Act of
1996, the Foreign Assistance Act of 1961, the Arms Export
Control Act, and the Export Administration Act of 1979 (or
successor statute), prohibit the provision of United States
assistance, and the licensing for export of items on the United
States Munitions List, to countries supporting terror or not
fully cooperating in antiterror efforts of the United States.
It would be appropriate in the implementation of these laws to
apply the definition of ``fully cooperative in the global war
against international terrorism'' set forth in this Act,
including preventing promotion of terror in state-owned and state-
controlled media and educational systems.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States that--
(1) no United States economic assistance, other than
humanitarian assistance, may be provided to any foreign country
or entity that is not making a maximum effort to be fully
cooperative in the global war against international terrorism;
and
(2) no license for export of an item on the United States
Munitions List to a country or entity may be issued if that
country or entity is not making a maximum effort to be fully
cooperative in the global war against international terrorism.
SEC. 4. PROHIBITION ON UNITED STATES ECONOMIC ASSISTANCE AND COMMERCIAL
ARMS EXPORTS.
(a) United States Economic Assistance.--If the President determines
that a country or entity is not making a maximum effort to be fully
cooperative in the global war against international terrorism--
(1) no United States economic assistance may be provided to
such country or entity; and
(2) the United States shall oppose and vote against any
lending from any international financial institution, including
the World Bank, the International Monetary Fund, the Asian
Development Bank, or other related institutions to such country
or entity.
(b) Commercial Arms Exports.--No license for the export of an item
on the United States Munitions List to any country or entity may be
issued if the President determines that such country or entity is not
making a maximum effort to be fully cooperative in the global war
against international terrorism.
SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT.
(a) Requirement for Report.--The President, in consultation with
the Secretary of State, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Director of Central Intelligence, shall prepare an
unclassified annual report that--
(1) contains a list of each country or entity for which the
President has determined that there is credible evidence that
such country or entity is not being fully cooperative in the
global war against international terrorism under section 4; and
(2) describes for each country or entity listed under
paragraph (1)--
(A) the specific failures of each country or entity
to be fully cooperative in the global war against
international terrorism;
(B) the reasons why such country or entity is not
fully cooperative;
(C) the efforts being made by the United States
Government to promote greater adherence by such
countries or entities with the global war against
international terrorism; and
(D) any removal of a country or entity from the
list in paragraph (1).
(b) Transmission to Congress.--
(1) Report.--The report required by this section shall be
submitted to Congress every year as a section of the annual
country reports on terrorism required by section 140(a) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656(f)).
(2) Briefing.--The President shall make the appropriate
officials available to provide a classified briefing to the
appropriate committees of Congress if such committees request
additional clarifying details on why a country or entity is
listed under subsection (a)(1).
SEC. 6. PRESIDENTIAL WAIVER.
United States economic assistance or exports prohibited by section
4 may be provided to a country or entity described in that section if
the President--
(1) determines that permitting such assistance or exports
is important to the national security interests of the United
States; and
(2) not later than 15 days before permitting such
assistance or exports, furnishes a report describing the United
States economic assistance or exports to be provided to the
appropriate committees of Congress.
SEC. 7. DEFINITIONS.
In this Act:
(1) Expression of support for terrorism against the united
states.--The term ``expression of support for terrorism against
the United States'' means a pattern of actions or expressions
that are designed to provoke or incite anti-American violence,
advocate international terrorism, or to glorify the use of
violence against citizens or government officials of the United
States.
(2) Fully cooperative in the global war against
international terrorism.--The term ``fully cooperative in the
global war against international terrorism'' means a country or
entity that has the necessary legal framework and, to the
maximum extent possible, is enforcing efforts to--
(A) prevent the knowing financing of terrorism,
including preventing--
(i) direct financial payments to any
terrorist organization;
(ii) any terrorist organization or any
entity supporting a terrorist organization from
receiving financial services such as brokering,
lending, or transferring currency or credit;
(iii) any person from soliciting funds or
items of value for a terrorist group; and
(iv) any humanitarian or other
nongovernmental organization from providing
financial support to terrorist organizations;
(B) share intelligence information with the United
States, including--
(i) releasing information to the United
States related to any terrorist organization;
(ii) cooperating in investigations
conducted by the United States; and
(iii) providing, to the extent possible,
access to individuals suspected of or
supporting terrorist organizations to United
States investigators; and
(C) act against terrorist organizations,
including--
(i) preventing terrorist organizations from
committing or inciting to commit terrorist acts
against the United States or its interests
overseas;
(ii) preventing terrorist organizations
from operating safe houses or providing
transportation, communication, documentation,
identification, weapons (including chemical,
biological, or radiological weapons),
explosives, or training to terrorists; and
(iii) in the cases of a country--
(I) investigating suspected
terrorists within its national
territory;
(II) enforcing international
agreements and United Nations Security
Council Resolutions against terrorism;
and
(III) curbing any domestic
expression of support for terrorism
against the United States and its
allies in state-owned media, state-
sanctioned gatherings, state-governed
religious institutions, and state-
sanctioned school and textbooks.
(3) Humanitarian assistance.--The term ``humanitarian
assistance'' means any humanitarian goods and services,
including foodstuffs, medicines, and health assistance
programs.
(4) Terrorist organization.--The term ``terrorist
organization'' means an organization designated as a foreign
terrorist organization by the Secretary of State under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(5) United states economic assistance.--The term ``United
States economic assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter
2, relating to the Overseas Private Investment
Corporation);
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954;
(D) financing under the Export-Import Bank Act of
1945; and
(E) does not include humanitarian assistance or
other assistance that is intended to support
cooperative antiterrorism, peacekeeping, counter-
narcotics, nonproliferation and counter-proliferation
programs, or funding for nongovernmental organizations
promoting education and democratic institutions.
(6) United states munitions list.--The term ``United States
Munitions List'' means the defense articles and defense
services controlled by the President under section 38 of the
Arms Export Control Act (22 U.S.C. 2778). | International Cooperative Antiterrorism Act of 2002 - Prohibits the provision of U.S. economic assistance (except humanitarian assistance), or the issuance of a license for the export of an item on the U.S. Munitions List, to any country or entity that the President has determined is not making a maximum effort to be fully cooperative in the global war against international terrorism. Declares that the United States shall oppose and vote against any lending from any international financial institution, including the World Bank, the International Monetary Fund, the Asian Development Bank, or other related institutions to such a country or entity. Authorizes the President to waive the requirements of this Act in the national security interests of the United States. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping Families
Together Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of
section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.
SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF
SECTION 321 OF IIRIRA).
(a) In General.--Effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208), section 321 of such Act is repealed
and the provisions of law amended by such section are restored as if
such section had not been enacted.
(b) Restoration of Rights.--Any alien whose legal permanent
resident status, application for permanent residence, or application
for cancellation of removal, was affected by the changes in the
definition of ``aggravated felony'' made by such section 321 may apply
to the Secretary of Homeland Security to be considered for adjustment
of status or cancellation of removal in conformance with the provisions
of section 101(a)(43) of the Immigration and Nationality Act, as
restored by subsection (a).
SEC. 3. RESTORATION OF DETENTION POLICY.
(a) In General.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)) is amended to read as follows:
``(c) Detention of Criminal Aliens.--
``(1) In general.--The Secretary of Homeland Security shall
take into custody any alien convicted of an aggravated felony
upon release of the alien (regardless of whether or not such
release is on parole, supervised release, or probation, and
regardless of the possibility of rearrest or further
confinement in respect of the same offense). Notwithstanding
subsection (a) or section 241(a) but subject to paragraph (2),
the Secretary of Homeland Security shall not release such felon
from custody.
``(2) Non-release.--The Secretary of Homeland Security may
not release from custody any who has been convicted of an
aggravated felony, either before or after a determination of
removability, unless--
``(A)(i) the alien was lawfully admitted, or
``(ii) the alien was not lawfully admitted but the
alien cannot be removed because the designated country
of removal will not accept the alien; and
``(B) the alien satisfies the Secretary of Homeland
Security that the alien will not pose a danger to the
safety of other persons or of property and is likely to
appear for any scheduled proceeding.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.
SEC. 4. REPEAL OF TIME STOP PROVISIONS.
(a) In General.--Section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall be
effective as if included in the enactment of subtitle A of title III of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.
SEC. 5. REPEAL OF SECTION 101(A)(48).
(a) In General.--Paragraph (48) of section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of section 322(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
SEC. 6. RESTORATION OF SECTION 212(C).
(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended by inserting after subsection (b) the
following new subsection:
``(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation or removal, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted in
the discretion of the Secretary of Homeland Security without regard to
the provisions of subsection (a) (other than paragraphs (3) and
(10)(C)). Nothing contained in this subsection shall limit the
authority of the Secretary of Homeland Security to exercise the
discretion vested in him under section 211(b). The first sentence of
this subsection shall not apply to an alien who has been convicted of
one or more aggravated felonies and has served for such felony or
felonies a term of imprisonment of at least 5 years.''.
(b) Effective Date.--The amendment made by subsection (a) applies
as of April 24, 1996, as if section 440(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) and section
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208) had not been enacted.
SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.
(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended to read as follows:
``judicial review of orders of removal
``Sec. 242. (a) The procedure prescribed by, and all the
provisions of chapter 158 of title 28, United States Code, shall apply
to, and shall be the sole and exclusive procedure for, the judicial
review of all final orders of removal heretofore or hereafter made
against aliens within the United States pursuant to administrative
proceedings under section 240 of this Act or comparable provisions of
any prior Act, except that--
``(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final removal order,
or, in the case of an alien convicted of an aggravated felony
not later than 30 days after the issuance of such order;
``(2) the venue of any petition for review under this
section shall be in the judicial circuit in which the
administrative proceedings before an immigration judge were
conducted in whole or in part, or in the judicial circuit
wherein is the residence, as defined in this Act, of the
petitioner, but not in more than one circuit;
``(3) the action shall be brought against the Department of
Homeland Security, as respondent. Service of the petition to
review shall be made upon the Secretary of Homeland Security of
the United States and upon the official of the Department of
Homeland Security in charge of the district in which the office
of the clerk of the court is located. The service of the
petition for review upon such official of the Service shall
stay the removal of the alien pending determination of the
petition by the court, unless the court otherwise directs or
unless the alien is convicted of an aggravated felony, in which
case the Service shall not stay the removal of the alien
pending determination of the petition of the court unless the
court otherwise directs;
``(4) except as provided in clause (B) of paragraph (5) of
this subsection, the petition shall be determined solely upon
the administrative record upon which the removal order is based
and the Secretary of Homeland Security's findings of fact, if
supported by reasonable, substantial, and probative evidence on
the record considered as a whole, shall be conclusive;
``(5) whenever any petitioner, who seeks review of an order
under this section, claims to be a national of the United
States and makes a showing that his claim is not frivolous, the
court shall (A) pass upon the issues presented when it appears
from the pleadings and affidavits filed by the parties that no
genuine issue of material fact is presented; or (B) where a
genuine issue of material fact as to the petitioner's
nationality is presented, transfer the proceedings to a United
States district court for the district where the petitioner has
his residence for hearing de novo of the nationality claim and
determination as if such proceedings were originally initiated
in the district court under the provisions of section 2201 of
title 28, United States Code. Any such petitioner shall not be
entitled to have such issue determined under section 360(a) of
this Act or otherwise;
``(6) whenever a petitioner seeks review of an order under
this section, any review sought with respect to a motion to
reopen or reconsider such an order shall be consolidated with
the review of the order;
``(7) if the validity of a removal order has not been
judicially determined, its validity may be challenged in a
criminal proceeding against the alien for violation of
subsection (a) or (b) of section 243 of this Act only by
separate motion for judicial review before trial. Such motion
shall be determined by the court without a jury and before the
trial of the general issue. Whenever a claim to United States
nationality is made in such motion, and in the opinion of the
court, a genuine issue of material fact as to the alien's
nationality is presented, the court shall accord him a hearing
de novo on the nationality claim and determine that issue as if
proceedings had been initiated under the provisions of section
2201 of title 28, United States Code. Any such alien shall not
be entitled to have such issue determined under section 360(a)
of this Act or otherwise. If no such hearing de novo as to
nationality is conducted, the determination shall be made
solely upon the administrative record upon which the removal
order is based and the Secretary of Homeland Security's
findings of fact, if supported by reasonable, substantial, and
probative evidence on the record considered as a whole, shall
be conclusive. If the removal order is held invalid, the court
shall dismiss the indictment and the United States shall have
the right to appeal to the court of appeals within 30 days. The
procedure on such appeals shall be as provided in the Federal
rules of criminal procedure. No petition for review under this
section may be filed by any alien during the pendency of a
criminal proceeding against such alien for violation of
subsection (a) or (b) of section 243 of this Act;
``(8) nothing in this section shall be construed to require
the Secretary of Homeland Security to defer removal of an alien
after the issuance of a removal order because of the right of
judicial review of the order granted by this section, or to
relieve any alien from compliance with subsections (a) and (b)
of section 243 of this Act. Nothing contained in this section
shall be construed to preclude the Secretary of Homeland
Security from detaining or continuing to detain an alien or
from taking the alien into custody pursuant to section 241 of
this Act at any time after the issuance of a removal order;
``(9) it shall not be necessary to print the record or any
part thereof, or the briefs, and the court shall review the
proceedings on a typewritten record and on typewritten briefs;
and
``(10) any alien held in custody pursuant to an order of
removal may obtain judicial review thereof by habeas corpus
proceedings.
``(b) Notwithstanding the provisions of any other law, any alien
against whom a final order of removal has been made heretofore or
hereafter under the provisions of section 235 of this Act or comparable
provisions of any prior Act may obtain judicial review of such order by
habeas corpus proceedings and not otherwise.
``(c) An order of removal shall not be reviewed by any court if the
alien has not exhausted the administrative remedies available to the
alien as of right under the immigration laws and regulations or if the
alien has departed from the United States after the issuance of the
order. Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any prior judicial
proceeding, and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review or for habeas
corpus shall be entertained if the validity of the order has been
previously determined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not have been
presented in such prior proceeding, or the court finds that the remedy
provided by such prior proceeding was inadequate or ineffective to test
the validity of the order.
``(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of removal has been issued pursuant to
section 238(b) may challenge only--
``(A) whether the alien is in fact the alien described in
the order;
``(B) whether the alien is in fact an alien described in
section 238(b)(2);
``(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
``(D) whether the alien was afforded the procedures
required by section 238(b)(4).
``(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which--
(1) a final administrative decision has been/not been
rendered as of such date; or
(2) such a decision has been rendered but the period for
seeking judicial review of the decision has not expired.
SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.
(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Secretary of Homeland Security shall establish a process (whether
through permitting the reopening of a removal proceeding or otherwise)
under which an alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by this Act;
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under this Act.
(b) Parole.--The Secretary of Homeland Security should exercise the
parole authority under section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting
aliens removed from the United States to participate in the process
established under subsection (a). | Keeping Families Together Act of 2005 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien.
Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act.
Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."
Authorizes the Secretary of Homeland Security to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted.
Revises provisions respecting judicial review of removal orders.
Requires the Secretary to establish a post-proceeding removal relief process for affected aliens. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Business Training Centers
Act of 1996''.
SEC. 2. WOMEN'S BUSINESS TRAINING CENTERS.
Section 29 of the Small Business Act (15 U.S.C. 656) is amended to
read as follows:
``Sec. 29. (a) The Administration may provide financial assistance
to private organizations to conduct five-year projects for the benefit
of small business concerns owned and controlled by women. The projects
shall provide--
``(1) financial assistance, including training and
counseling in how to apply for and secure business credit and
investment capital, preparing and presenting financial
statements, and managing cashflow and other financial
operations of a business concern;
``(2) management assistance, including training and
counseling in how to plan, organize, staff, direct and control
each major activity and function of a small business concern;
and
``(3) marketing assistance, including training and
counseling in identifying and segmenting domestic and
international market opportunities, preparing and executing
marketing plans, developing pricing strategies, locating
contract opportunities, negotiating contracts, and utilizing
varying public relations and advertising techniques.
``(b)(1) As a condition of receiving financial assistance
authorized by this section, the recipient organization shall agree to
obtain, after its application has been approved and notice of award has
been issued, cash contributions from non-Federal sources as follows:
``(A) in the first and second years, 1 non-Federal dollar
for each 2 Federal dollars;
``(B) in the third year, 1 non-Federal dollar for each
Federal dollar; and
``(C) in the fourth and fifth years, 2 non-Federal dollars
for each Federal dollar.
``(2) Up to one-half of the non-Federal sector matching assistance
may be in the form of in-kind contributions which are budget line items
only, including but not limited to office equipment and office space.
``(3) The financial assistance authorized pursuant to this section
may be made by grant, contract, or cooperative agreement and may
contain such provision, as necessary, to provide for payments in lump
sum or installments, and in advance or by way of reimbursement. The
Administration may disburse up to 25 percent of each year's Federal
share awarded to a recipient organization after notice of the award has
been issued and before the non-Federal sector matching funds are
obtained.
``(4) If any recipient of assistance fails to obtain the required
non-Federal contribution during any project, it shall not be eligible
thereafter for advance disbursements pursuant to paragraph (3) during
the reminder of that project, or for any other project for which it is
or may be funded. In addition, prior to approving assistance to such
organization for any other projects, the Administration shall
specifically determine whether the Administration believes that the
recipient will be able to obtain the requisite non-Federal funding and
enter a written finding setting forth the reasons for making such
determination.
``(c) Each applicant organization initially shall submit a five-
year plan on proposed fundraising and training activities, and a
recipient organization may receive financial assistance under this
program for a maximum of five years per site. The Administration shall
evaluate and rank applicants in accordance with predetermined selection
criteria that shall be stated in terms of relative importance. Such
criteria and their relative importance shall be made publicly available
and stated in each solicitation for applications made by the
Administration. The criteria shall include--
``(1) the experience of the applicant in conducting
programs or on-going efforts designed to impart or upgrade the
business skills of women business owners or potential owners;
``(2) the present ability of the applicant to commence a
project within a minimum amount of time; and
``(3) the ability of the applicant to provide training and
services to a representative number of women who are both
socially and economically disadvantaged.
``(d) For the purposes of this section, the term small business
concern, either `start-up' or existing, owned and controlled by women
includes any small business concern--
``(1) which is at least 51 percent owned by one or more
women; and
``(2) the management and daily business operations are
controlled by one or more women.
``(e) There are authorized to be appropriated $8,000,000 per year
to carry out the projects authorized by this section. Notwithstanding
any other provision of law, the Administration may use such expedited
acquisition methods as it deems appropriate to achieve the purposes of
this section, except that it shall ensure that all eligible sources are
provided a reasonable opportunity to submit proposals.
``(f) The Administration shall prepare and transmit a biennial
report to the Committees on Small Business of the Senate and House of
Representatives on the effectiveness of all projects conducted under
the authority of this section. Such report shall provide information
concerning--
``(1) the number of individuals receiving assistance;
``(2) the number of start-up business concerns formed;
``(3) the gross receipts of assisted concerns;
``(4) increases or decreases in profits of assisted
concerns; and
``(5) the employment increases or decreases of assisted
concerns.
``(g) Office of Women's Business Ownership.--There is hereby
established within the Administration an Office of Women's Business
Ownership, which shall be responsible for the administration of the
Administration's programs for the development of women's business
enterprises, as such term is defined in section 408 of the Women's
Business Ownership Act of 1988. The Office of Women's Business
Ownership shall be administered by an Assistant Administrator, who
shall be appointed by the Administrator.''. | Women's Business Training Centers Act of 1996 - Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); and (5) increase the annual authorization of appropriations for such projects. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Quality of Life Study Act
of 2007''.
SEC. 2. STUDY ON DEPARTMENT OF VETERANS AFFAIRS SCHEDULE FOR RATING
DISABILITIES.
(a) Study Required.--Not later than 60 days after the date of the
enactment, the Secretary shall contract with the Institute of Medicine,
or other appropriate entity, to conduct a study analyzing the extent to
which the schedule for rating disabilities prescribed by the Secretary
of Veterans Affairs pursuant to section 1155 of title 38, United States
Code, accounts for or should be amended or expanded to account,
measure, and compensate for loss of quality of life to veterans due to
a disability resulting from a personal injury suffered, physical or
mental, or disease contracted in the line of duty, or for aggravation
of a preexisting injury suffered or disease contracted in the line of
duty.
(b) Contents of Study.--The study which will be completed by the
Institute of Medicine, or other appropriate entity, within 180 days
after contracting with the Secretary shall be carried out pursuant to
subsection (a) and shall--
(1) examine--
(A) the extent to which the schedule for rating
disabilities, as in effect on the date of the enactment
of this Act, accounts for loss of quality of life; and
(B) specific approaches and instruments for
measuring--
(i) the effect of a service-connected
disability on a veteran's quality of life,
including the veteran's psychological state,
loss of physical integrity, and social
inadaptability; and
(ii) the ways in which quality of life
disability compensation is managed under
various other disability programs of Federal
and State governments and in other countries;
(2) include recommendations with respect to--
(A) the appropriate standards for determining
whether a service-connected disability has caused a
loss in the veterans' quality of life;
(B) the means for determining the appropriate level
of compensation for loss of quality of life; and
(C) the practicability of implementing quality of
life evaluations in the course of providing the
benefits relating to disability compensation and
pension administered by the Secretary of Veterans
Affairs;
(3) take into account advice and information received
through consultations carried out with public and private
entities, veteran service organizations, agencies, advocacy
groups, and, if necessary, other consultants, with particular
attention paid to how to manage any changes for veterans who
are receiving disability compensation under chapter 11 of title
38, United States Code, as of the date of the enactment of this
Act; and
(4) include such other matters as the Secretary and the
entity carrying out the study determine are appropriate.
(c) Report.--Not later than 60 days after the completion of the
study required under subsection (a), the Secretary of Veterans Affairs
shall submit to Congress a report that includes the following:
(1) The Secretary's recommendations with respect to the
findings and conclusions of the study regarding accounting for
the loss of quality of life in the schedule for rating
disabilities prescribed by the Secretary of Veterans Affairs
pursuant to section 1155 of title 38, United States Code.
(2) The Secretary's recommendations with respect to
compensation that should be paid by the Department of Veterans
Affairs to veterans for loss of quality of life and the basis
for determining the amount of any such compensation.
SEC. 3. TREATMENT OF CLAIMS UPON DEATH OF CLAIMANT.
(a) Treatment of Beneficiary of Veteran's Accrued Benefits as
Claimant for Purposes of Incomplete Claims Upon Death of Veteran.--
Title 38, United States Code, is amended by inserting after section
5121 the following:
``Sec. 5121A. Death of claimant
``If a veteran who is a claimant dies while a pending claim is
awaiting final adjudication for any benefit under a law administered by
the Secretary, the person who would receive any accrued benefits due to
the veteran under section 5121(a)(2) of this title shall be treated as
the claimant for the purposes of processing to completion the pending
claim. If the person who would receive such accrued benefits does not
want to be treated as the claimant under this subsection, that person
may designate to be treated as the claimant under this subsection the
person who would receive such benefits upon the death of the person who
would otherwise be treated as the claimant under the preceding
sentence.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the claim of any veteran who dies on or after the
date of the enactment of this Act.
SEC. 4. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
(a) In General.--Subchapter III of chapter 72 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7288. Annual report
``The chief judge of the Court shall annually submit to the
Committee on Veterans Affairs' of the Senate and the Committee on
Veterans Affairs' of the House of Representatives a report summarizing
the workload of the Court during the last fiscal year that ended before
the submission of such report. Such report shall include, with respect
to such fiscal year, the following information:
``(1) The number of appeals filed.
``(2) The number of petitions filed.
``(3) The number of applications filed under section 2412
of title 28.
``(4) The number and type of dispositions, including
settlements.
``(5) The median time from filing to disposition.
``(6) The number of oral arguments.
``(7) The number and status of pending appeals and
petitions and of applications described in paragraph (3).
``(8) A summary of any service performed by recalled
retired judges during the fiscal year.
``(9) The number of decisions or dispositions rendered by a
single judge, multi-judge panels and the full Court.
``(10) The number of cases pending longer than 18
months.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 of such title is amended by inserting after the item related
to section 7287, the following new item:
``7288. Annual report.''.
SEC. 5. REPORT ON EXPANSION OF FACILITIES FOR UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) Findings.--Congress finds the following:
(1) The United States Court of Appeals for Veterans Claims
is currently located in the District of Columbia in a
commercial office building that is also occupied by other
Federal tenants.
(2) In February 2006, the General Services Administration
provided Congress with a preliminary feasibility analysis of a
dedicated Veterans Courthouse and Justice Center that would
house the Court and other entities that work with the Court.
(3) In February 2007, the Court notified Congress that the
``most cost-effective alternative appears to be leasing
substantial additional space in the current location'', which
would ``require relocating other current government tenants''
from that building.
(4) The February 2006 feasibility report of the General
Services Administration does not include an analysis of whether
it would be feasible or desirable to locate a Veterans
Courthouse and Justice Center at the current location of the
Court.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Court of Appeals for Veterans Claims
should be provided with appropriate office space to meet its
needs, as well as to provide the image, security, and stature
befitting a court that provides justice to the veterans of the
United States; and
(2) in providing that space, Congress should avoid undue
disruption, inconvenience, or cost to other Federal entities.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of General
Services shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the feasibility of--
(A) leasing additional space for the United States
Court of Appeals for Veterans Claims within the
building where the Court was located on the date of the
enactment of this Act; and
(B) using the entirety of such building as a
Veterans Courthouse and Justice Center.
(2) Contents.--The report required by paragraph (1) shall
include a detailed analysis of the following:
(A) The impact that the matter analyzed in
accordance with paragraph (1) would have on Federal
tenants of the building used by the Court.
(B) Whether it would be feasible to relocate such
Federal tenants into office space that offers similar
or preferable cost, convenience, and usable square
footage.
(C) If relocation of such Federal tenants is found
to be feasible and desirable, an analysis of what steps
should be taken to convert the building into a Veterans
Courthouse and Justice Center and a time line for such
conversion.
(D) If relocation is not desirable, then the cost
of constructing a new facility for the use as a
Veterans Courthouse and Justice Center.
(3) Comment period.--The Administrator shall provide an
opportunity to such Federal tenants--
(A) before the completion of the report required by
paragraph (1), to comment on the subject of the report
required by such paragraph; and
(B) before the Administrator submits the report
required by paragraph (1) to the congressional
committees specified in such paragraph, to comment on a
draft of such report. | Veterans Quality of Life Study Act of 2007 - Directs the Secretary of Veterans Affairs to contract with the Institute of Medicine, or other appropriate entity, to conduct a study analyzing the extent to which the Department of Veterans Affairs schedule for rating disabilities accounts for or should be amended to account, measure, and compensate for loss of quality of life to veterans due to a disability resulting from a personal injury suffered or disease contracted in the line of duty.
Provides that if a veteran who is a claimant dies before completing the submission of a claim for benefits, the person who would receive any accrued benefits due to such veteran shall be treated as the claimant for purposes of completing submission of the claim.
Requires an annual report from the chief judge of the U.S. Court of Appeals for Veterans Claims (Court) to the congressional veterans' committees summarizing the Court's workload.
Expresses the sense of Congress that the Court should be provided with appropriate office space, without undue disruption, inconvenience, or cost. Requires a report from the Administrator of General Services to the veterans' committees on the feasibility of leasing additional space for the Court, and using the entire building in which the Court is now housed as a Veterans Courthouse and Justice Center. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arthritis Prevention, Control, and
Cure Act of 2010''.
SEC. 2. ENHANCING PUBLIC HEALTH ACTIVITIES RELATED TO ARTHRITIS THROUGH
THE NATIONAL ARTHRITIS ACTION PLAN.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 314 the following:
``SEC. 315. NATIONAL ARTHRITIS ACTION PLAN.
``(a) Establishment of Plan.--The Secretary may develop and
implement a National Arthritis Action Plan (in this section referred to
as the `Plan') consistent with this section.
``(b) Control, Prevention, and Surveillance.--
``(1) In general.--Under the Plan, the Secretary may,
directly or through competitive grants to eligible entities,
conduct, support, and promote the coordination of research,
investigations, demonstrations, training, and studies relating
to the control, prevention, and surveillance of arthritis and
other rheumatic diseases.
``(2) Training and technical assistance.--
``(A) Provision.--Upon the request of an applicant
receiving a grant under paragraph (1), the Secretary
may, subject to subparagraph (B), provide training,
technical assistance, supplies, equipment, or services
for the purpose of aiding the applicant in carrying out
grant activities and, for such purpose, may detail to
the applicant any officer or employee of the Department
of Health and Human Services.
``(B) Corresponding reduction in payments.--With
respect to a request described in subparagraph (A), the
Secretary shall reduce the amount of payments under the
grant under paragraph (1) to the applicant involved by
an amount equal to the costs of detailing personnel
(including pay, allowances, and travel expenses) and
the fair market value of any supplies, equipment, or
services provided by the Secretary.
``(3) Arthritis prevention research at the centers for
disease control and prevention.--The Secretary may provide
additional grant support under this subsection to encourage the
expansion of research related to the prevention and management
of arthritis at the Centers for Disease Control and Prevention.
``(4) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a public or private nonprofit
entity that demonstrates to the satisfaction of the Secretary,
in the application described in subsection (e), the ability of
the entity to carry out the activities described in paragraph
(1).
``(c) Education and Outreach.--
``(1) In general.--Under the Plan, the Secretary may
coordinate and carry out national education and outreach
activities, directly or through the provision of grants to
eligible entities, to support, develop, and implement education
initiatives and outreach strategies appropriate for arthritis
and other rheumatic diseases.
``(2) Initiatives and strategies.--Initiatives and
strategies implemented under paragraph (1) may include public
awareness campaigns, public service announcements, and
community partnership workshops, as well as programs targeted
to businesses and employers, managed care organizations, and
health care providers.
``(3) Priority.--In carrying out paragraph (1), the
Secretary--
``(A) may emphasize prevention, early diagnosis,
and appropriate management of arthritis, and
opportunities for effective patient self-management;
and
``(B) may give priority to reaching high-risk or
underserved populations.
``(4) Collaboration.--In carrying out this subsection, the
Secretary shall consult and collaborate with stakeholders from
the public, private, and nonprofit sectors with expertise
relating to arthritis control, prevention, and treatment.
``(5) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a public or private nonprofit
entity that demonstrates to the satisfaction of the Secretary,
in the application described in subsection (e), the ability of
the entity to carry out the activities described in paragraph
(1).
``(d) Comprehensive State Grants.--
``(1) In general.--Under the Plan, the Secretary may award
grants to eligible entities to provide support for
comprehensive arthritis control and prevention programs and to
enable such entities to provide public health surveillance,
prevention, and control activities related to arthritis and
other rheumatic diseases.
``(2) Application.--The Secretary may only award a grant
under this subsection to an eligible entity that submits to the
Secretary an application at such time, in such manner, and
containing such agreements, assurances, and information as the
Secretary may require, including a comprehensive arthritis
control and prevention plan that--
``(A) is developed with the advice of stakeholders
from the public, private, and nonprofit sectors that
have expertise relating to arthritis control,
prevention, and treatment that increase the quality of
life and decrease the level of disability;
``(B) is intended to reduce the morbidity of
arthritis, with priority on preventing and controlling
arthritis in at-risk populations and reducing
disparities in arthritis prevention, diagnosis,
management, and quality of care in underserved
populations;
``(C) describes the arthritis-related services and
activities to be undertaken or supported by the entity;
and
``(D) demonstrates the relationship the entity has
with the community and local entities and how the
entity plans to involve such community and local
entities in carrying out the activities described in
paragraph (1).
``(3) Use of funds.--An eligible entity may use amounts
received under a grant awarded under this subsection to
conduct, in a manner consistent with the comprehensive
arthritis control and prevention plan submitted by the entity
in the application under paragraph (2)--
``(A) public health surveillance and
epidemiological activities relating to the prevalence
of arthritis and assessment of disparities in arthritis
prevention, diagnosis, management, and care;
``(B) public information and education programs;
and
``(C) education, training, and clinical skills
improvement activities for health professionals,
including allied health personnel.
``(4) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a State or an Indian tribe.
``(e) General Application.--The Secretary may only award a grant
under subsection (b) or (c) to an entity that submits to the Secretary
an application at such time, in such manner, and containing such
agreements, assurances, and information as the Secretary may require,
including a description of how funds received under a grant awarded
under such subsection will supplement or fulfill unmet needs identified
in a comprehensive arthritis control and prevention plan of the entity.
``(f) Definitions.--For purposes of this section:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act.
``(2) State.--The term `State' means any of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2012, $14,600,000;
``(2) for fiscal year 2013, $16,000,000;
``(3) for fiscal year 2014, $17,700,000;
``(4) for fiscal year 2015, $19,400,000; and
``(5) for fiscal year 2016, $21,400,000.''.
SEC. 3. ACTIVITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH
RESPECT TO JUVENILE ARTHRITIS AND RELATED CONDITIONS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. JUVENILE ARTHRITIS AND RELATED CONDITIONS.
``(a) In General.--The Secretary, in coordination with the Director
of NIH, may expand and intensify programs of the National Institutes of
Health with respect to research and related activities designed to
improve the outcomes and quality of life for children with arthritis
and other rheumatic diseases.
``(b) Coordination.--The Director of NIH may coordinate the
programs referred to in subsection (a) and consult with additional
Federal officials, voluntary health associations, medical professional
societies, and private entities, as appropriate.''.
SEC. 4. INVESTMENT IN TOMORROW'S PEDIATRIC RHEUMATOLOGISTS.
Subpart I of part C of title VII of the Public Health Service Act
(42 U.S.C. 293k et seq.) is amended by adding at the end the following:
``SEC. 749A-1. PEDIATRIC RHEUMATOLOGISTS.
``In order to ensure an adequate future supply of pediatric
rheumatologists, the Secretary, in consultation with the Administrator
of the Health Resources and Services Administration, may award
institutional training grants to institutions to support pediatric
rheumatology training.''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Arthritis Prevention, Control, and Cure Act of 2010 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to develop and implement a National Arthritis Action Plan.
Authorizes the Secretary, directly or through competitive grants, to conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. Permits the Secretary, upon request of a grantee, to provide training, technical assistance, supplies, equipment, or services or detail any officer or employee of the Department of Health and Human Services (HHS) to aid the grantee in carrying out grant activities. Requires the Secretary to reduce the amount of payments under the grant by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Secretary.
Authorizes the Secretary to provide additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC).
Authorizes the Secretary to coordinate and carry out national education and outreach activities for arthritis and other rheumatic diseases, which may include public awareness campaigns, public service announcements, and community partnership workshops. Authorizes the Secretary to: (1) emphasize prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (2) give priority to reaching high-risk or underserved populations.
Authorizes the Secretary to award grants to a state or Indian tribe to provide support for comprehensive arthritis control and prevention programs and to enable such state or Indian tribe to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases.
Authorizes appropriations for FY2012-FY2016.
(Sec. 3) Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) with respect to research and related activities designed to improve the outcomes and quality of life for children with arthritis and other rheumatic diseases.
(Sec. 4) Authorizes the Secretary to award institutional training grants to institutions to support pediatric rheumatology training to ensure an adequate future supply of pediatric rheumatologists. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Email Privacy Act''.
SEC. 2. VOLUNTARY DISCLOSURE CORRECTIONS.
(a) In General.--Section 2702 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``while in electronic
storage by that service'' and inserting ``that
is in electronic storage with or otherwise
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting
``disclose''; and
(iii) by striking ``which is carried or
maintained on that service'' and inserting
``that is stored, held, or maintained by that
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``a provider of'' and
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``wire or electronic'' before
``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(3) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(4) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(5) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.
SEC. 3. AMENDMENTS TO REQUIRED DISCLOSURE SECTION.
Section 2703 of title 18, United States Code, is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications in Electronic
Storage.--Except as provided in subsections (i) and (j), a governmental
entity may require the disclosure by a provider of electronic
communication service of the contents of a wire or electronic
communication that is in electronic storage with or otherwise stored,
held, or maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) that--
``(1) is issued by a court of competent jurisdiction; and
``(2) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by which
the provider must make disclosure to the governmental entity, the
provider shall promptly respond to the warrant.
``(b) Contents of Wire or Electronic Communications in a Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of remote computing service of the contents of a wire
or electronic communication that is stored, held, or maintained
by that service only if the governmental entity obtains a
warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) that--
``(A) is issued by a court of competent
jurisdiction; and
``(B) may indicate the date by which the provider
must make the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by
which the provider must make disclosure to the governmental
entity, the provider shall promptly respond to the warrant.
``(2) Applicability.--Paragraph (1) is applicable with
respect to any wire or electronic communication that is stored,
held, or maintained by the provider--
``(A) on behalf of, and received by means of
electronic transmission from (or created by means of
computer processing of communication received by means
of electronic transmission from), a subscriber or
customer of such remote computing service; and
``(B) solely for the purpose of providing storage
or computer processing services to such subscriber or
customer, if the provider is not authorized to access
the contents of any such communications for purposes of
providing any services other than storage or computer
processing.
``(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of electronic communication service or remote
computing service of a record or other information pertaining
to a subscriber to or customer of such service (not including
the contents of wire or electronic communications), only--
``(A) if a governmental entity obtains a warrant
issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State
court, issued using State warrant procedures) that--
``(i) is issued by a court of competent
jurisdiction directing the disclosure; and
``(ii) may indicate the date by which the
provider must make the disclosure to the
governmental entity;
``(B) if a governmental entity obtains a court
order directing the disclosure under subsection (d);
``(C) with the lawful consent of the subscriber or
customer; or
``(D) as otherwise authorized in paragraph (2).
``(2) Subscriber or customer information.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available under paragraph (1),
disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection
records, or records of session times and durations;
``(D) length of service (including start date) and
types of service used;
``(E) telephone or instrument number or other
subscriber or customer number or identity, including
any temporarily assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number),
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.'';
(2) in subsection (d)--
(A) by striking ``(b) or'';
(B) by striking ``the contents of a wire or
electronic communication, or'';
(C) by striking ``sought,'' and inserting
``sought''; and
(D) by striking ``section'' and inserting
``subsection''; and
(3) by adding at the end the following:
``(h) Notice.--Except as provided in section 2705, a provider of
electronic communication service or remote computing service may notify
a subscriber or customer of a receipt of a warrant, court order,
subpoena, or request under subsection (a), (b), (c), or (d) of this
section.
``(i) Rule of Construction Related to Legal Process.--Nothing in
this section or in section 2702 shall limit the authority of a
governmental entity to use an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil discovery
subpoena, or a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication to disclose a
wire or electronic communication (including the contents of
that communication) to the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or agents of the person or entity (for the purpose
of carrying out their duties) to disclose a wire or electronic
communication (including the contents of that communication) to
or from the person or entity itself or to or from an officer,
director, employee, or agent of the entity to a governmental
entity, if the wire or electronic communication is stored,
held, or maintained on an electronic communications system
owned, operated, or controlled by the person or entity; or
``(3) require a person or entity that provides a remote
computing service or electronic communication service to
disclose a wire or electronic communication (including the
contents of that communication) that advertises or promotes a
product or service and that has been made readily accessible to
the general public.
``(j) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of
inquiry vested in the Congress by article I of the Constitution of the
United States, including the authority to compel the production of a
wire or electronic communication (including the contents of a wire or
electronic communication) that is stored, held, or maintained by a
person or entity that provides remote computing service or electronic
communication service.''.
SEC. 4. DELAYED NOTICE.
Section 2705 of title 18, United States Code, is amended to read as
follows:
``Sec. 2705. Delayed notice
``(a) In General.--A governmental entity acting under section 2703
may apply to a court for an order directing a provider of electronic
communication service or remote computing service to which a warrant,
order, subpoena, or other directive under section 2703 is directed not
to notify any other person of the existence of the warrant, order,
subpoena, or other directive.
``(b) Determination.--A court shall grant a request for an order
made under subsection (a) for delayed notification of up to 180 days if
the court determines that there is reason to believe that notification
of the existence of the warrant, order, subpoena, or other directive
will likely result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(c) Extension.--Upon request by a governmental entity, a court
may grant one or more extensions, for periods of up to 180 days each,
of an order granted in accordance with subsection (b).''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to preclude the acquisition by the United States Government
of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the authorities
under chapter 119 of title 18 (commonly known as the ``Wiretap
Act''), the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), or any other provision of Federal law not
specifically amended by this Act; or
(2) records or other information relating to a subscriber
or customer of any electronic communication service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119
of title 18 (commonly known as the ``Wiretap Act''), or any
other provision of Federal law not specifically amended by this
Act. | Email Privacy Act This bill amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from disclosing the contents of a wire or electronic communication that is in electronic storage. Additionally, it revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer. An ECS or RCS provider may notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification. The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bone Marrow Failure Disease Research
and Treatment Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Between 20,000 and 30,000 Americans are diagnosed each
year with myelodysplastic syndromes, aplastic anemia,
paroxysmal nocturnal hemoglobinuria, and other acquired bone
marrow failure diseases.
(2) Acquired bone marrow failure diseases have a
debilitating and often fatal impact on those diagnosed with
these disease.
(3) While some treatments for acquired bone marrow failure
diseases can prolong and improve the quality of patients'
lives, there is no single cure for these diseases.
(4) The prevalence of acquired bone marrow failure diseases
in the United States will continue to grow as the general
public ages.
(5) Evidence exists suggesting that acquired bone marrow
failure diseases occur more often in minority populations,
particularly in Asian American and Hispanic/Latino populations.
(6) The National Heart, Lung, and Blood Institute and the
National Cancer Institute have conducted important research
into the causes of and treatments for acquired bone marrow
failure diseases.
(7) The National Marrow Donor Program Registry has made
significant contributions to the fight against bone marrow
failure diseases by connecting millions of potential marrow
donors with individuals and families suffering from these
conditions.
(8) Despite these advances, a more comprehensive Federal
strategic effort among numerous Federal agencies is needed to
discover a cure for acquired bone marrow failure disorders.
(9) Greater Federal surveillance of acquired bone marrow
failure diseases is needed to gain a better understanding of
the causes of acquired bone marrow failure diseases.
(10) The Federal Government should increase its research
support for and engage with public and private organizations in
developing a comprehensive approach to combat and cure acquired
bone marrow failure diseases.
SEC. 3. NATIONAL ACQUIRED BONE MARROW FAILURE DISEASE REGISTRY.
Part B of the Public Health Service Act (42 U.S.C. 311 et seq.) is
amended by inserting after section 317S the following:
``SEC. 317T. NATIONAL ACQUIRED BONE MARROW FAILURE DISEASE REGISTRY.
``(a) Establishment of Registry.--
``(1) In general.--Not later than 6 months after the date
of the enactment of this section, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
shall--
``(A) develop a system to collect data on acquired
bone marrow failure diseases; and
``(B) establish and maintain a national and
publicly available registry, to be known as the
National Acquired Bone Marrow Failure Disease Registry,
in accordance with paragraph (3).
``(2) Recommendations of advisory committee.--In carrying
out this subsection, the Secretary shall take into
consideration the recommendations of the Advisory Committee on
Acquired Bone Marrow Failure Diseases established under
subsection (b).
``(3) Purposes of registry.--The National Acquired Bone
Marrow Failure Disease Registry--
``(A) shall identify the incidence and prevalence
of acquired bone marrow failure diseases in the United
States;
``(B) shall be used to collect and store data on
acquired bone marrow failure diseases, including data
concerning--
``(i) the age, race or ethnicity, general
geographic location, sex, and family history of
individuals who are diagnosed with acquired
bone marrow failure diseases, and any other
characteristics of such individuals determined
appropriate by the Secretary;
``(ii) the genetic and environmental
factors that may be associated with developing
acquired bone marrow failure diseases;
``(iii) treatment approaches for dealing
with acquired bone marrow failure diseases;
``(iv) outcomes for individuals treated for
acquired bone marrow failure diseases,
including outcomes for recipients of stem cell
therapeutic products as contained in the
database established pursuant to section 379A;
and
``(v) any other factors pertaining to
acquired bone marrow failure diseases
determined appropriate by the Secretary; and
``(C) shall be made available--
``(i) to the general public; and
``(ii) to researchers to facilitate further
research into the causes of, and treatments
for, acquired bone marrow failure diseases in
accordance with standard practices of the
Centers for Disease Control and Preventions.
``(b) Advisory Committee.--
``(1) Establishment.--Not later than 6 months after the
date of the enactment of this section, the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall establish an advisory committee, to be known
as the Advisory Committee on Acquired Bone Marrow Failure
Diseases.
``(2) Members.--The members of the Advisory Committee on
Acquired Bone Marrow Failure Diseases shall be appointed by the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, and shall include at least one
representative from each of the following:
``(A) A national patient advocacy organization with
experience advocating on behalf of patients suffering
from acquired bone marrow failure diseases.
``(B) The National Institutes of Health, including
at least one representative from each of--
``(i) the National Cancer Institute;
``(ii) the National Heart, Lung, and Blood
Institute; and
``(iii) the Office of Rare Diseases.
``(C) The Centers for Disease Control and
Prevention.
``(D) Clinicians with experience in--
``(i) diagnosing or treating acquired bone
marrow failure diseases; and
``(ii) medical data registries.
``(E) Epidemiologists who have experience with data
registries.
``(F) Publicly or privately funded researchers who
have experience researching acquired bone marrow
failure diseases.
``(G) The entity operating the C.W. Bill Young Cell
Transplantation Program established pursuant to section
379 and the entity operating the C.W. Bill Young Cell
Transplantation Program Outcomes Database.
``(3) Responsibilities.--The Advisory Committee on Acquired
Bone Marrow Failure Diseases shall provide recommendations to
the Secretary on the establishment and maintenance of the
National Acquired Bone Marrow Failure Disease Registry,
including recommendations on the collection, maintenance, and
dissemination of data.
``(4) Public availability.--The Secretary shall make the
recommendations of the Advisory Committee on Acquired Bone
Marrow Failure Disease publicly available.
``(c) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may award grants to, and
enter into contracts and cooperative agreements with, public or private
nonprofit entities for the management of, as well as the collection,
analysis, and reporting of data to be included in, the National
Acquired Bone Marrow Failure Disease Registry.
``(d) Definition.--In this section, the term `acquired bone marrow
failure disease' means--
``(1) myelodysplastic syndromes (MDS);
``(2) aplastic anemia;
``(3) paroxysmal nocturnal hemoglobinuria (PNH);
``(4) pure red cell aplasia;
``(5) acute myeloid leukemia that has progressed from
myelodysplastic syndromes; or
``(6) large granular lymphocytic leukemia.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2009 through 2013.''.
SEC. 4. PILOT STUDIES THROUGH THE AGENCY FOR TOXIC SUBSTANCES AND
DISEASE REGISTRY.
(a) Pilot Studies.--The Secretary of Health and Human Services,
acting through the Administrator of the Agency for Toxic Substances and
Disease Registry, shall conduct pilot studies to determine which
environmental factors, including exposure to toxins, may cause acquired
bone marrow failure diseases.
(b) Collaboration With the Radiation Injury Treatment Network.--In
carrying out the directives of this section, the Secretary may
collaborate with the Radiation Injury Treatment Network of the C.W.
Bill Young Cell Transplantation Program established pursuant to section
379 of the Public Health Service Act (42 U.S.C. 274j) to--
(1) augment data for the pilot studies authorized by this
section;
(2) access technical assistance that may be provided by the
Radiation Injury Treatment Network; or
(3) perform joint research projects.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2009 through 2013.
SEC. 5. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAILURE
DISEASES.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by inserting after section 1707 the following:
``minority-focused programs on acquired bone marrow failure diseases
``Sec. 1707A. (a) Information and Referral Services.--
``(1) In general.--Not later than 6 months after the date
of the enactment of this section, the Secretary, acting through
the Deputy Assistant Secretary for Minority Health, shall
establish and coordinate outreach and informational programs
targeted to minority populations affected by acquired bone
marrow failure diseases.
``(2) Program requirements.--Minority-focused outreach and
informational programs authorized by this section--
``(A) shall make information about treatment
options and clinical trials for acquired bone marrow
failure diseases publicly available, and
``(B) shall provide referral services for treatment
options and clinical trials,
at the national minority health resource center supported under
section 1707(b)(8) (including by means of the center's website,
through appropriate locations such as the center's knowledge
center, and through appropriate programs such as the center's
resource persons network) and through minority health
consultants located at each Department of Health and Human
Services regional office.
``(b) Hispanic and Asian American and Pacific Islander Outreach.--
``(1) In general.--The Secretary, acting through the Deputy
Assistant Secretary for Minority Health, shall undertake a
coordinated outreach effort to connect Hispanic, Asian
American, and Pacific Islander communities with comprehensive
services focused on treatment of, and information about,
acquired bone marrow failure diseases.
``(2) Collaboration.--In carrying out this subsection, the
Secretary may collaborate with public health agencies,
nonprofit organizations, community groups, and online entities
to disseminate information about treatment options and clinical
trials for acquired bone marrow failure diseases.
``(c) Grants and Cooperative Agreements.--
``(1) In general.--Not later than 6 months after the date
of the enactment of this section, the Secretary, acting through
the Deputy Assistant Secretary for Minority Health, shall award
grants to, or enter into cooperative agreements with, entities
to perform research on acquired bone marrow failure diseases.
``(2) Requirement.--Grants and cooperative agreements
authorized by this subsection shall be awarded or entered into
on a competitive, peer-reviewed basis.
``(3) Scope of research.--Research funded under this
section shall examine factors affecting the incidence of
acquired bone marrow failure diseases in minority populations.
``(d) Definition.--In this section, the term `acquired bone marrow
failure disease' has the meaning given to such term in section 317T(d).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2009 through 2013.''.
SEC. 6. DIAGNOSIS AND QUALITY OF CARE FOR ACQUIRED BONE MARROW FAILURE
DISEASES.
(a) Grants.--The Secretary of Health and Human Services, acting
through the Director of the Agency for Healthcare Research and Quality,
shall award grants to entities to improve diagnostic practices and
quality of care with respect to patients with acquired bone marrow
failure diseases.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2009 through 2013.
SEC. 7. DEFINITION.
In this Act, the term ``acquired bone marrow failure disease''
means--
(1) myelodysplastic syndromes (MDS);
(2) aplastic anemia;
(3) paroxysmal nocturnal hemoglobinuria (PNH);
(4) pure red cell aplasia;
(5) acute myeloid leukemia that progressed from
myelodysplastic syndromes; or
(6) large granular lymphocytic leukemia. | Bone Marrow Failure Disease Research and Treatment Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on acquired bone marrow failure diseases; (2) establish the National Acquired Bone Marrow Failure Disease Registry; and (3) establish the Advisory Committee on Acquired Bone Marrow Failure Diseases to provide recommendations to the Secretary on the Registry.
Allows the Secretary, acting through the Director, to award grants to, and enter to contracts and cooperative agreements with, public or private nonprofit entities for the management of the Registry.
Requires the Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, to conduct pilot studies to determine which environmental factors may cause acquired bone marrow failure diseases.
Requires the Secretary, acting through the Deputy Assistant Secretary for Minority Health, to: (1) establish outreach and information programs targeted to minority populations affected by such diseases; (2) undertake a coordinated outreach effort to connect Hispanic, Asian American, and Pacific Islander communities with comprehensive services focused on treatment of, and information about, such diseases; and (3) awards grants to, or enter into cooperative agreements with, entities to perform research on such diseases.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to award grants to entities to improve diagnostic practices and quality of care with respect to patients with such diseases. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Veterans Health Care
Act of 2017''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Veterans Access, Choice, and Accountability Act of
2014 (Public Law 113-146) established the Veterans Choice
Program under section 101 of such Act (Public Law 113-146; 38
U.S.C. 1701 note) as a temporary program to address a wait time
backlog for the receipt of health care from the Department of
Veterans Affairs and a shortage of health care professionals at
medical facilities of the Department;
(2) as of the date of the enactment of this Act, there are
approximately 45,000 vacancies at the Veterans Health
Administration; and
(3) of those vacancies, approximately 36,000 are vacancies
for positions relating to front line care for veterans.
SEC. 3. APPROPRIATION OF AMOUNTS FOR HEALTH CARE FROM DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--There is authorized to be appropriated, and is
appropriated, to the Secretary of Veterans Affairs, out of any funds in
the Treasury not otherwise appropriated, $5,000,000,000 to carry out
subsection (c).
(b) Availability of Amounts.--The amount appropriated under
subsection (a) shall be available for obligation or expenditure without
fiscal year limitation.
(c) Use of Amounts.--The amount appropriated under subsection (a)
shall be used by the Secretary as follows:
(1) To increase the access of veterans to care as follows:
(A) To hire primary care and specialty care
physicians for employment in the Department of Veterans
Affairs.
(B) To hire other medical staff, including the
following:
(i) Physicians.
(ii) Nurses.
(iii) Social workers.
(iv) Mental health professionals.
(v) Dental professionals.
(vi) Other health care professionals as the
Secretary considers appropriate.
(C) To carry out the following:
(i) Section 7412 of title 38, United States
Code.
(ii) Section 7302(e) of such title.
(iii) Section 301(b)(2) of the Veterans
Access, Choice, and Accountability Act of 2014
(Public Law 113-146; 38 U.S.C. 7302 note).
(D) To pay for expenses, equipment, and other costs
associated with the hiring of primary care physicians,
specialty care physicians, and other medical staff
under subparagraphs (A), (B), and (C).
(2) To improve the physical infrastructure of the
Department as follows:
(A) To maintain and operate hospitals, nursing
homes, domiciliary facilities, and other facilities of
the Veterans Health Administration.
(B) To enter into contracts or hire temporary
employees to repair, alter, or improve facilities under
the jurisdiction of the Department that are not
otherwise provided for under this paragraph.
(C) To carry out leases for facilities of the
Department.
(D) To carry out minor construction projects of the
Department.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a report
on how the Secretary has obligated the amount appropriated
under subsection (a) as of the date of the submittal of the
report.
(2) Appropriate committees of congress defined.--In this
subsection, the term `` appropriate committees of Congress''
means--
(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.
(e) Funding Plan.--The Secretary shall submit to Congress a funding
plan describing how the Secretary intends to use the amount
appropriated under subsection (a).
SEC. 4. EMERGENCY DESIGNATIONS.
(a) In General.--This Act is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this Act is designated
as an emergency requirement pursuant to section 403(a) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010. | Strengthening Veterans Health Care Act of 2017 This bill authorizes and appropriates funds to increase veterans access to Department of Veterans Affairs (VA) health care, including by: (1) hiring primary and specialty care physicians and other medical staff, (2) establishing medical residency programs and increasing residency positions, and (3) improving VA health facility infrastructure. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timber Management Improvement Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
The Congress finds the following:
(1) Under the timber management policy of nondeclining even
flow, articulated in section 13(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974, the allowable sale
quantity for a national forest is a function of total timber
growth, which depends on available timberland area and the rate
of timber growth.
(2) Protecting the northern spotted owl and other factors
will lead to reductions in the Federal land available for
timber harvesting, leading to declines in harvests and to
undesirable declines in timber industry employment.
(3) Increases in timber management investments on Federal
and other lands not protected as spotted owl habitat could
offset some of the declines in allowable sale quantities
resulting from spotted owl protection.
(4) No separate studies of timber management investment
opportunities on Federal timberlands have been conducted for
more than a decade.
(5) The fund established by section 3 of the Act of June 9,
1930 (16 U.S.C. 576b; commonly referred to as the ``K-V
fund''), was originally established to assure adequate funding
for timber management investments for the national forests, but
since 1976, substantial and increasing portions of this fund
have been used for wildlife habitat improvement, watershed
improvement, and other nontimber resource projects.
(b) Purposes.--The purposes of this Act are to--
(1) identify and examine timber management investment
opportunities on Federal timberlands in the States of
California, Oregon, and Washington;
(2) expand financial assistance programs for timber
investments on non-Federal timberlands in the States of
California, Oregon, and Washington; and
(3) assure that amounts from the fund established by
section 3 of the Act of June 9, 1930, are available for timber
management investments on Federal timberlands, consistent with
the original intent of that Act.
SEC. 3. TIMBER MANAGEMENT INVESTMENT STUDY.
(a) Yields and Costs Report.--The Secretary of Agriculture, acting
through the Forest Service, and the Secretary of the Interior, acting
through the Bureau of Land Management, shall each prepare a report
displaying the yields and costs, both financial and environmental, of
timber management investment opportunities for lands under their
respective jurisdictions in the States of California, Oregon, and
Washington. Timber management investment opportunities considered shall
include--
(1) reforestation, including site preparation, direct
seeding, planting, and interplanting; and
(2) timber stand improvement, including release (manual,
chemical, and mechanical), fertilization, pruning,
precommercial thinning, and commercial thinning.
(b) Land and Forest Class.--The report prepared under subsection
(a) shall present the yield and cost information for each of the
following:
(1) Timber site productivity class.
(2) Current forest condition class, including old-growth,
second-growth, sawtimber, poletimber, saplings, seedlings, and
nonstock.
(3) Land suitability allocation for timber production under
the appropriate forest plan.
(c) Lands Classified As Unsuitable For Timber Production.--The
Secretary of Agriculture shall include in the report required by this
section--
(1) the reasons why lands in Forest Service Regions 5 and 6
are classified as not suitable for timber production pursuant
to the Forest and Rangeland Renewable Resources Planning of
1974, distinguishing among timber site productivity classes and
current forest conditions; and
(2) the specific identity of those lands deemed to be
unsuitable for timber production solely due to difficulties in
meeting the reforestation requirements of the Forest and
Rangeland Renewable Resources Planning Act of 1974, and a
description of those difficulties.
(d) Exchange and Consolidation of Lands.--In addition to other
matters required to be included in the study under this section, the
study shall address opportunities for land exchanges with private
landowners to consolidate Federal landholdings in the States of
California, Oregon, and Washington to enhance reforestation and timber
stand improvement.
(e) Advisory Boards.--In order to assure a comprehensive and
unbiased report on the costs and yields of timber management investment
opportunities, the Secretary of Agriculture on a forest-by-forest basis
in Forest Service Regions 5 and 6, and the Secretary of the Interior on
a district-by-district basis for the Bureau of Land Management
districts subject to this Act, shall establish and consult with
advisory boards before releasing a draft of the report required by
subsection (a) to the public. The advisory boards shall be comprised of
individuals who, in the appropriate Secretary's judgment, represent a
diversity of views. The appropriate Secretaries shall provide the
advisory boards with the opportunity to review and comment on the
practices and investments being examined under subsection (a) and on
the draft of the report before its release to the public. The Federal
Advisory Committee Act shall not apply to advisory boards established
under this subsection.
(f) Consultation With Private and Other Public Timberland Owners.--
(1) In preparing the report required under subsection (a), the
Secretary of Agriculture and the Secretary of the Interior shall
consult with private and other public timberland owners in the general
vicinity of the forest or district, as appropriate, to--
(A) identify possible timber management investments and
practices, and
(B) identify potential costs and yields of those
investments and practices.
(2) The report shall include information gathered under this
subsection in a manner which protects the proprietary nature of
corporate cost information and the cost and yield estimates of the
Secretaries.
(g) Date of Submission.--The report required by this section shall
be submitted to the Congress within 1 year after the date of enactment
of this Act.
SEC. 4. PRIVATE FOREST LANDS.
Section 4 of the Cooperative Forest Assistance Act of 1978 (16
U.S.C. 2103) is amended by adding at the end the following:
``(l) Of the amounts appropriated to carry out this section, not
less than $1,500,000 shall be made available for assistance under this
section in each of the States of California, Oregon, and Washington for
planning, reforestation, and timber stand improvement practices to
further second growth management of timber resources to offset the
expected decline in timber harvests from Federal lands as a result of
listing the northern spotted owl as a threatened species under the
Endangered Species Act of 1973. Such assistance shall be concentrated
in those counties containing Federal lands designated as habitat
conservation areas for the purposes of the protection and recovery of
the northern spotted owl.''.
SEC. 5. KNUTSON-VANDENBERG ACT.
(a) Reforestation of BLM Lands.--Section 3 of the Act of June 9,
1930 (16 U.S.C. 576b) is amended--
(1) by inserting ``(a)'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b) Subsection (a) shall apply with respect to the lands
administered by the Secretary of the Interior through the Bureau of
Land Management in the same manner as such subsection applies with
respect to national forest lands.''.
(b) Reforestation Under the K-V Act.--Section 3(a) of the Act of
June 9, 1930 (16 U.S.C. 576b), as amended by subsection (a) of this
Act, is amended--
(1) by inserting ``or'' before ``(3)''; and
(2) by striking ``timber, or (4)'' and all that follows
through ``Provided,'' and inserting ``timber: Provided,''. | Timber Management Improvement Act of 1993 - Directs the Secretaries of Agriculture and of the Interior, acting through the Forest Service and the Bureau of Land Management, respectively, to prepare a report displaying the yields and costs (financial and environmental) of timber management investment opportunities for Federal lands in the States of California, Oregon, and Washington. Requires both Secretaries to establish advisory boards to review and comment on the investments examined.
Amends the Cooperative Forest Assistance Act of 1978 to allocate appropriations for private forest lands in the States of California, Oregon, and Washington to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires financial assistance to be concentrated in those counties containing Federal lands designated as habitat conservation areas for the purposes of the protection and recovery of the northern spotted owl.
Amends specified Federal law (the Knutson-Vandenberg Act) to assure that amounts from the fund established by such Act are available for timber management investments on Federal lands consistent with the Act's original intent. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Winning the Peace Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) President George W. Bush has stated that the United
States security strategy takes into account the fact that
``America is now threatened less by conquering states than we
are by failing ones''.
(2) Failed states can provide safe haven for a diverse
array of transnational threats, including terrorist networks,
militia and warlords, global organized crime, and narcotics
traffickers who threaten the security of the United States and
the allies of the United States.
(3) The inability of the authorities in a failed state to
provide basic services can create or contribute to humanitarian
emergencies.
(4) It is in the interest of the United States and the
international community to bring conflict and humanitarian
emergencies stemming from failed states to a lasting and
sustainable close.
(5) Since the end of the cold war, United States military,
diplomatic, and humanitarian personnel have been engaged in
major post-conflict reconstruction efforts in such places as
Iraq, Bosnia, Kosovo, Somalia, Haiti, Rwanda, and Afghanistan.
(6) Assisting failed states in emerging from violent
conflict is a complex and long-term task, as demonstrated by
the experience that 50 percent of such states emerging from
conditions of violent conflict slip back into violence within 5
years.
(7) In 2003, the bipartisan Commission on Post-Conflict
Reconstruction created by the Center for Strategic and
International Studies and the Association of the United States
Army, released a report explaining that ``United States
security and development agencies still reflect their Cold War
heritage. The kinds of complex crises and the challenge of
failed states encountered in recent years do not line up with
these outdated governmental mechanisms. If regional stability
is to be maintained, economic development advanced, lives
saved, and transnational threats reduced, the United States and
the international community must develop a strategy and enhance
capacity for pursuing post-conflict reconstruction.''.
(8) Preventing failed states from slipping into violence
and chaos requires an intensive engagement by individuals with
sensitivity to the relevant historical, social, political, and
economic context of, and a thorough understanding of the
language of, the region. Any person involved in reconstruction
efforts if such a state must have extensive cross-cultural
training and the ability to communicate effectively in the
language of that state.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Director.--The term ``Director'' means a Director of
Reconstruction for a country or region designated by the
President under section 4.
(3) Reconstruction services.--The term ``reconstruction
services'' means activities related to rebuilding, reforming,
or establishing the infrastructure processes or institutions of
a country that has been affected by an armed conflict,
including services related to--
(A) security and public safety, including--
(i) disarmament, demobilization, and
reintegration of combatants;
(ii) training and equipping of national
armed forces;
(iii) training and equipping civilian
police forces; and
(iv) providing security as interim civilian
police forces;
(B) justice, including--
(i) developing rule of law and legal,
judicial, and correctional institutions;
(ii) preventing human rights violations;
(iii) bringing war criminals to justice;
(iv) supporting national reconciliation
processes; and
(v) clarifying property rights;
(C) governance, including--
(i) reforming or developing civil
administration and other government
institutions;
(ii) restoring performance of basic civil
functions, such as schools, health clinics, and
hospitals; and
(iii) establishing processes of governance
and participation; and
(D) economic and social well-being, including--
(i) providing humanitarian assistance;
(ii) constructing or repairing
infrastructure;
(iii) developing national economic
institutions and activities, such as a banking
system; and
(iv) encouraging wise stewardship of
natural resources for the benefit of the
citizens of such country.
SEC. 4. DIRECTOR OF RECONSTRUCTION POSITIONS.
(a) Authorization of Positions.--The President is authorized to
designate a Director of Reconstruction for each country or region in
which--
(1) units of the United States Armed Forces have engaged in
armed conflict; or
(2) as a result of armed conflict the country or region
will receive reconstruction services from the United States
Government.
(b) Authority to Provide Assistance.--Notwithstanding any other
provision of law, the President is authorized to provide assistance for
reconstruction services for any country or region for which a Director
has been designated under subsection (a).
(c) Duties.--A Director shall provide oversight and coordination
of, and have decision making authority for, all activities of the
United States Government, within the country or region for which
designated, that are related to providing reconstruction services to
such country or region, including implementing complex,
multidisciplinary post-conflict reconstruction programs in such country
or region.
(d) Coordination.--A Director shall coordinate with the
representatives of the country or region where the Director is
overseeing and coordinating the provision of reconstruction services,
and any foreign government, multilateral organization, or
nongovernmental organization that is providing services to such country
or region--
(1) to avoid providing reconstruction services that
duplicate any such services that are being provided by a person
or government other than the United States Government;
(2) to capitalize on civil administration systems and
capabilities available from such person or government; and
(3) to utilize individuals or entities with expertise in
providing reconstruction services that are available through
such other person or government.
(e) Support Services.--The Secretary of State is authorized to
establish within the Department of State a permanent office to provide
support, including administrative services, to each Director designated
under subsection (a).
SEC. 5. INTERNATIONAL EMERGENCY MANAGEMENT OFFICE.
(a) Authorization.--The Administrator is authorized to establish
within the United States Agency for International Development an Office
of International Emergency Management for the purposes described in
subsection (b).
(b) Purposes.--
(1) In general.--The purposes of the Office authorized by
subsection (a) shall be--
(A) to develop and maintain a database of
individuals or entities that possess expertise in
providing reconstruction services, including
appropriate language, interpretation, and communication
capabilities; and
(B) to provide support for mobilizing such
individuals and entities to provide a country or region
with services applying such expertise when requested by
the Director for such country or region.
(2) Experts.--The individuals or entities referred to in
paragraph (1) may include employees or agencies of the Federal
Government, any other government, or any other person,
including former Peace Corps volunteers or civilians located in
the affected country or region in critical response areas.
SEC. 6. INTEGRATED SECURITY SUPPORT COMPONENT.
(a) Sense of Congress Regarding the Creation of an Integrated
Security Support Component of NATO.--It is the sense of Congress that--
(1) the Secretary of State and the Secretary of Defense
should present to the North Atlantic Council a proposal to
establish within the North Atlantic Treaty Organization an
Integrated Security Support Component to train and equip
selected units within the North Atlantic Treaty Organization to
execute security tasks in countries or regions that require
reconstruction services; and
(2) if such a Component is established, the President
should commit United States personnel to participate in such
Component, after appropriate consultation with Congress.
(b) Authority to Participate in an Integrated Support Component.--
(1) In general.--If the North Atlantic Council establishes
an Integrated Security Support Component, as described in
subsection (a), the President is authorized to commit United
States personnel to participate in such Component, after
appropriate consultation with Congress.
(2) Capabilities.--The units composed of United States
personnel participating in such Component pursuant to the
authority in paragraph (1) should be capable of--
(A) providing for security of a civilian
population, including serving as a police force; and
(B) providing for the performance of public
functions and the execution of security tasks such as
control of belligerent groups and crowds, apprehending
targeted persons or groups, performing anti-corruption
tasks, and supporting police investigations.
SEC. 7. TRAINING CENTER FOR POST-CONFLICT RECONSTRUCTION OPERATIONS.
(a) Establishment.--The Secretary of State shall establish within
the Department of State an interagency Training Center for Post-
Conflict Reconstruction Operations for the purposes described in
subsection (b).
(b) Purposes.--The purposes of the Training Center authorized by
subsection (a) shall be to--
(1) train interagency personnel in assessment, strategy
development, planning, and coordination related to providing
reconstruction services;
(2) develop and certify experts in fields related to
reconstruction services who could be called to participate in
operations in countries or regions that require such services;
(3) provide training to individuals who will provide
reconstruction services in a country or region, including
language, interpretation, communication, and cross-cultural
training;
(4) develop rapidly deployable training packages for use in
countries or regions in need of reconstruction services; and
(5) conduct reviews of operations that provide
reconstruction services for the purpose of--
(A) improving subsequent operations to provide such
services; and
(B) developing appropriate training and education
programs for individuals who will provide such
services.
SEC. 8. CIVILIAN POLICE RESERVE.
It is the sense of Congress that the President should establish a
task force of Federal, State, and local law enforcement representatives
to implement a reserve force of law enforcement officers willing to
serve overseas to provide reconstruction services described in clauses
(iii) and (iv) of section 3(3)(A).
SEC. 9. RETURN OF TALENT PROGRAMS.
It is the sense of Congress that the President should direct the
Secretary of Homeland Security to review immigration rules for aliens
admitted for permanent residence to the United States who wish to
return temporarily to their countries of origin to participate in
``return of talent'' programs, to the extent those countries are
receiving reconstruction services from the United States.
SEC. 10. SECURITY DEVELOPMENT FUND.
There is established a United States Security Development Fund to
carry out the purposes of this Act. There is authorized to be
appropriated to the President from time to time such amounts as may be
necessary for the fund to carry out the purposes of this Act, except
that no amount of funds may be appropriated which, when added to
amounts previously appropriated but not yet obligated, would cause such
amounts to exceed $300,000,000. Amounts appropriated under this section
shall remain available until expended. | Winning the Peace Act of 2003 - Authorizes the President to designate a Director of Reconstruction for, and to provide assistance for reconstruction services for, each country or region in which the U.S. armed forces have engaged in armed conflict or which will receive reconstruction services from the U.S. Government due to armed conflict.
Gives the Director authority over all reconstruction activities of the U.S. Government within the country or region of operation.
Authorizes the Secretary of State to establish a permanent office to provide support to each Director.
Authorizes the Administrator of the U.S. Agency for International Development (USAID) to establish an Office of International Emergency Management to: (1) maintain a database of entities with expertise in providing reconstruction services; and (2) provide support for mobilizing such entities to provide services requested by a country or region Director.
Expresses the sense of Congress that the Secretaries of State and Defense should propose to establish within the North Atlantic Treaty Organization (NATO) an Integrated Security Support Component to prepare NATO units for reconstruction-related security tasks. Authorizes the President to commit U.S. personnel to such a Component.
Requires the Secretary of State to establish an interagency Training Center for Post-Conflict Reconstruction Operations.
Expresses the sense of Congress that the President should: (1) establish a task force to implement a reserve force of law enforcement officers willing to provide reconstruction services overseas; and (2) direct the Secretary of Homeland Security to review immigration rules for aliens admitted for permanent residence who wish to participate in return of talent programs in their country of origin.
Establishes a U.S. Security Development Fund. | billsum_train |
Give a brief overview of the following text: SECTION 1. NEEDS-BASED BANKRUPTCY.
Title 11 of the United States Code is amended--
(1) in section 101--
(A) by inserting after paragraph (10) the
following:
``(10A) `current monthly total income' means the average
monthly income derived from all sources that the debtor, or in
a joint case the debtor and the debtor's spouse, receive
without regard to whether such income is taxable income, in the
180-day period ending on the date the case is commenced, and
includes any amount paid by anyone other than the debtor, or in
a joint case the debtor and the debtor's spouse, on a regular
basis for the household expenses of the debtor or the debtor's
dependents, and in a joint case the dependents of the debtor's
spouse;''; and
(B) by inserting after paragraph (52) the
following:
``(52A) `State median family income' means the State median
family income reported by the Bureau of the Census as of
January 1 following the then most recently concluded calendar
year for the State in which the debtor's domicile has been
located for the 180 days immediately preceding the date of the
filing of the petition, or for a longer portion of such 180-day
period than in any other place.
``(52B) `State median household income for 1 earner' means
the State median household for 1 earner income reported by the
Bureau of the Census as of January 1 following the then most
recently concluded calendar year for the State in which the
debtor's domicile has been located for the 180 days immediately
preceding the date of the filing of the petition, or for a
longer portion of such 180-day period than in any other
place.'';
(2) in section 104(b)(1) by striking ``109(e)'' and
inserting ``subsections (b), (e), and (h) of section 109'';
(3) in section 109(b)--
(A) in paragraph (2) by striking ``or'' at the end;
(B) in paragraph (3) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) an individual, or in a joint case an individual and
such individual's spouse, who have income available to pay
creditors as determined under subsection (h) and whose
additional expenses established under subsection (h)(4) are
less than 10 percent of current monthly total income.'';
(4) by adding at the end of section 109 the following:
``(h)(1) An individual, or in a joint case an individual and such
individual's spouse, have income available to pay creditors if the
individual, or in a joint case the individual and the individual's
spouse combined, as of the date of the order for relief, have--
``(A) current monthly total income exceeding 75 percent of
the State median family income for a family of equal size or,
in the case of a household of 1 individual, or exceeding 75
percent of the State median household income for 1 earner, as
of the date of the order for relief;
``(B) projected monthly net income exceeding $50; and
``(C) projected monthly net income sufficient to repay 20
percent or more of unsecured nonpriority claims during a 5-year
repayment plan.
``(2) Projected monthly net income shall be sufficient under
paragraph (1)(C) if, when multiplied by 60 months, such income is not
less than 20 percent of the total amount scheduled as payable to
unsecured nonpriority creditors.
``(3) For purposes of this subsection, `projected monthly net
income' means current monthly total income less the sum of--
``(A) the expense allowances under the applicable National
Standards, Local Standards and Other Necessary Expenses
allowance (excluding payments for debts) for the debtor, the
debtor's dependents, and in a joint case the debtor's spouse
the dependents of the debtor's spouse, in the area in which the
debtor resides as determined under the Internal Revenue Service
financial analysis for expenses, as in effect on the date of
the order for relief;
``(B) the average monthly payment on account of secured
creditors, which shall be calculated as the total of all
amounts scheduled as contractually payable to secured creditors
in each month of the 60 months following the date of the
petition by the debtor, or in a joint case by the debtor and
the debtor's spouse combined, and dividing that total by 60
months; and
``(C) the average monthly payment on account of priority
creditors, which shall be calculated as the total amount of
debts entitled to priority, reasonably estimated by the debtor
as of the date of the petition, and dividing that total by 60
months.
``(4) If the debtor establishes extraordinary circumstances that
require allowance for additional expenses, projected monthly net income
for purposes of this subsection shall be the amount calculated under
paragraph (3) less such additional expenses as such extraordinary
circumstances require.
``(A) This paragraph shall not apply unless the debtor
files with the petition--
``(i) a written statement that this paragraph
applies in determining the debtor's eligibility for
relief under chapter 7 of this title;
``(ii) a list itemizing each additional expense
which exceeds the expenses allowances provided under
paragraph (3)(A);
``(iii) a detailed description of the extraordinary
circumstances that explains why each of the additional
expenses itemized under subparagraph (II) requires
allowance; and
``(iv) a sworn statement signed by the debtor and,
if the debtor is represented by counsel, by the
debtor's attorney, that the information required under
this paragraph is true and correct.
``(B)(i) Until the trustee or any party in interest objects
to the debtor's statement that this paragraph applies and the
court rejects or modifies the debtor's statement, the projected
monthly net income in the debtor's statement shall be the
projected monthly net income for the purposes of this
subsection.
``(ii) If an objection is filed with the court not later
than 60 days after the debtor has provided all the information
required under subsections (a)(1) and (c)(1)(A) of section 521
of this title, the court, after notice and hearing, shall
determine whether such extraordinary circumstances exist and
shall establish the amount of the additional expense allowance,
if any. The burden of disproving such extraordinary
circumstances shall be on the objector.
``(5) If a party in interest files a motion, or makes an objection,
to cause the dismissal or conversion of a case under chapter 7 on the
ground that an individual may not be a debtor, or in a joint case that
an individual and such individual's spouse may not be debtors, under
such chapter and fails to prevail on the motion or the objection, such
party shall pay to the debtor or debtors, a reasonable attorney's fee
and costs incurred by the debtor or debtors in opposing the motion or
the objection.'';
(5) in section 704--
(A) by striking ``and'' at the end of paragraph
(8);
(B) by striking the period at the end of paragraph
(9) and inserting ``; and''; and
(C) by adding at the end the following:
``(10) with respect to an individual debtor, review all
materials provided by the debtor under subsections (a)(1) and
(c)(1) of section 521, investigate and verify the debtor's
projected monthly net income and not later than 30 days after
the order for relief under this chapter, file a report with the
court as to whether the debtor may be a debtor under this
chapter.'';
(6) in section 1302(b)--
(A) in paragraph (1)--
(i) by striking ``704(7) and'' and
inserting ``704(7),''; and
(ii) by inserting ``and 704(10)'' after
``704(9)''; and
(B) in paragraph (4) by striking ``and'' at the
end;
(C) in paragraph (5) by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(6) investigate and verify the debtor's monthly net
income and other information provided by the debtor pursuant to
sections 521 and 1322, and pursuant to section 111 if
applicable; and
``(7) file annual reports with the court, with copies to
holders of claims under the plan, as to whether a modification
of the amount paid creditors under the plan is appropriate
because of changes in the debtor's monthly net income.''.
SEC. 2. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(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 or after the date of the enactment of this Act. | Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy under chapter 7 (Liquidation) if certain current monthly income is available to pay creditors.
Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income exceeding 75 percent of the State median family income for a family of equal size (or for one earner, 75 percent of the State median household income); (2) projected monthly net income exceeding $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan.
Requires a party in interest to pay debtor's legal costs if such party fails to prevail on a procedural action to cause the dismissal or conversion of a chapter 7 case on the basis that the individual may not be a chapter 7 debtor.
Requires a trustee to: (1) investigate and verify the debtor's monthly net income and other specified information the debtor provides; and (2) report annually to the court, with copies to claimholders, on any appropriate modification of the amount paid creditors under the plan because of changes in the debtor's monthly net income. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supermarket Tax Credit for
Underserved Areas Act''.
SEC. 2. TAX INCENTIVES FOR ESTABLISHMENT OF SUPERMARKETS IN CERTAIN
UNDERSERVED AREAS.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IV--TAX INCENTIVES FOR SUPERMARKETS IN UNDERSERVED AREAS
``Sec. 1400V-1. Increased rehabilitation credit.
``Sec. 1400V-2. Increased work opportunity tax credit.
``Sec. 1400V-3. Credit for sales of locally grown fresh fruits and
vegetables.
``Sec. 1400V-4. Definitions.
``SEC. 1400V-1. INCREASED REHABILITATION CREDIT.
``(a) In General.--In the case of a qualified rehabilitated
building (as defined in section 47) which is an underserved area
supermarket, subsection (a) of section 47 shall be applied--
``(1) by substituting `12 percent' for `10 percent' in
paragraph (1), and
``(2) by substituting `24 percent' for `20 percent' in
paragraph (2).
``(b) Underserved Area Supermarket.--For purposes of subsection
(a), a qualified rehabilitated building shall be treated as meeting the
requirements of subparagraphs (A), (B), (C), and (D) of section 1400V-
4(a)(2) if it is reasonable to believe that such building will meet
such requirements as of the close of the taxable year in which such
building is placed in service.
``(c) Termination.--Subsection (a) shall only apply to buildings
placed in service after December 31, 2011, and before January 1, 2014.
``SEC. 1400V-2. INCREASED WORK OPPORTUNITY TAX CREDIT.
``(a) In General.--In the case of an individual employed in the
trade or business of operating a new underserved area supermarket, the
limitation otherwise in effect under paragraph (3) of section 51(b)
with respect to such individual shall be increased by $1,000.
``(b) Termination.--Subsection (a) shall only apply to wages paid
in taxable years beginning after December 31, 2011, and before January
1, 2017.
``SEC. 1400V-3. CREDIT FOR SALES OF LOCALLY GROWN FRESH FRUITS AND
VEGETABLES.
``(a) In General.--For purposes of section 38, the underserved area
supermarket fruit and vegetable credit determined under this section
for the taxable year is 15 percent of the gross receipts from the
retail sale of locally grown fresh fruits and vegetables in the trade
or business of operating a new underserved area supermarket.
``(b) Termination.--Subsection (a) shall only apply to taxable
years beginning after December 31, 2012, and before January 1, 2017.
``SEC. 1400V-4. DEFINITIONS.
``For purposes of this part--
``(1) Underserved area supermarket.--The term `underserved
area supermarket' means any supermarket located in an
underserved area.
``(2) New underserved area supermarket.--The term `new
underserved area supermarket' means any underserved area
supermarket which--
``(A) is placed in service after December 31, 2011,
and
``(B) was not a supermarket at any time during the
3-year period ending on the date such underserved area
supermarket is placed in service.
``(3) Supermarket.--The term `supermarket' means any
building if--
``(A) not less than 12,000 square feet and not more
than 80,000 square feet of such building is used for
selling items at retail,
``(B) at least 7 percent of the square feet of such
building which is used for selling items at retail is
used for selling produce, meat, fish, deli, and dairy
items,
``(C) gross sales of items sold at retail from such
building exceed $2,000,000 annually, and
``(D) at least 7 percent of such gross sales are
attributable to sales of produce, meat, fish, deli, and
dairy items.
``(4) Underserved area.--The term `underserved area'
means--
``(A) any enterprise community or empowerment zone
with a designation in effect under section 1391, and
``(B) any renewal community with respect to which a
designation was in effect under section 1400E on
December 31, 2009.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) 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 underserved area supermarket fruit and vegetable
credit determined under section 1400V-3.''.
(c) Clerical Amendment.--The table of parts for subchapter Y of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IV. Tax Incentives for Supermarkets in Underserved Areas''. | Supermarket Tax Credit for Underserved Areas Act - Amends the Internal Revenue Code to: (1) increase the rate of the rehabilitation tax credit for a supermarket building placed in service after December 31, 2011, and before January 1, 2014, in an underserved area (i.e., any enterprise community or empowerment zone and any renewal community); (2) increase by $1,000 the the limit on wages eligible for the work opportunity tax credit for employees of a supermarket located in an underserved area; and (3) allow a business-related tax credit for 15% of the gross receipts from the retail sale of locally-grown fresh fruits and vegetables in a supermarket in an underserved area. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring the Integrity of the
Medicare Program Act of 2006''.
SEC. 2. USE OF RECOVERY AUDIT CONTRACTORS UNDER THE MEDICARE INTEGRITY
PROGRAM FOR AUDITS OF MEDICARE SECONDARY PAYER CLAIMS AND
ACTIVITIES.
(a) In General.--Section 1893 of the Social Security Act (42 U.S.C.
1395ddd), as amended by section 6034(d) of the Deficit Reduction Act of
2006 (Public Law 109-171), is amended by adding at the end the
following new subsection:
``(h) Use of Recovery Audit Contractors for Audits of Medicare
Secondary Payer Claims and Activities.--
``(1) In general.--Under the Program, the Secretary, using
a competitive procurement process, shall enter into contracts
with recovery audit contractors in accordance with this
subsection for the purpose of identifying underpayments and
overpayments and recouping overpayments with respect to
Medicare Secondary Payer claims and activities for which
payment is made under part A or B. Under the contracts--
``(A) payment shall be made to such a contractor on
a contingent basis at a rate determined by the
Secretary; and
``(B) such percentage as the Secretary may specify
of the amount recovered shall be retained by the
Secretary and shall be available to the program
management account of the Centers for Medicare &
Medicaid Services.
``(2) Use on a national basis.--The Secretary shall
designate audit and recovery regions for the use of recovery
audit contractors on a national basis. Each such region shall
be covered under a contract with a recovery audit contractor
(or contractors, if the Secretary determines appropriate).
``(3) Audit and recovery periods.--Each contract with a
recovery audit contractor shall provide that audit and recovery
activities may be conducted with respect to payments made under
part A or B with respect to Medicare Secondary Payer claims and
activities--
``(A) during the current fiscal year;
``(B) retrospectively (for a period of not more
than 4 fiscal years prior to the current fiscal year);
and
``(C) with respect to continuing fiscal years.
``(4) Qualifications of contractors.--A recovery audit
contractor is eligible to enter into a contract under this
subsection to carry out the activities described in paragraph
(1) if the contractor--
``(A) has staff that has the appropriate clinical
knowledge of, and experience with, the payment rules
and regulations under the program under this title or
the contractor has, or will contract with, another
entity that has such knowledgeable and experienced
staff; and
``(B) is not a fiscal intermediary under section
1816, a carrier under section 1842, a Medicare
Administrative Contractor under section 1874A, or a
Coordination of Benefits Contractor of the Centers for
Medicare & Medicaid Services.
``(5) Preference for entities with demonstrated
proficiency.--In awarding contracts to recovery audit
contractors under this section, the Secretary shall give
preference to those risk entities that the Secretary determines
have demonstrated more than 3 years direct management
experience and a proficiency for cost control or recovery
audits with private insurers, health care providers, health
plans, or under the medicaid program under title XIX.
``(6) Construction relating to conduct of investigation of
fraud.--A recovery of an overpayment to a provider by a
recovery audit contractor shall not be construed to prohibit
the Secretary or the Attorney General from investigating and
prosecuting, if appropriate, allegations of fraud or abuse
arising from such overpayment.
``(7) Report.--The Secretary shall annually submit to
Congress a report on the use of recovery audit contractors
under the Program. Such report shall include information on the
performance of recovery audit contractors in identifying
underpayments and overpayments and recouping overpayments,
including an evaluation of the comparative performance of audit
recovery contractors with respect to each audit recovery region
designated under paragraph (2).
``(8) Waiver.--The Secretary shall waive such provisions of
this title as may be necessary to provide for payment of
recovery audit contractors under this subsection in accordance
with paragraph (1).''.
(b) Access to National Directory of New Hires Database.--The
Secretary of Labor shall provide for access by the Centers for Medicare
& Medicaid Services and recovery audit contractors conducting audit and
recovery activities under section 1893(h) of the Social Security Act,
as added by subsection (a), to the National Directory of New Hires
database.
(c) Access to Coordination of Benefits Contractor Database.--The
Secretary of Labor shall provide for access by the Centers for Medicare
& Medicaid Services and recovery audit contractors conducting audit and
recovery activities under section 1893(h) of the Social Security Act,
as added by subsection (a), to the database of the Coordination of
Benefits Contractor of the Centers for Medicare & Medicaid Services
with respect to the audit and recovery periods described in paragraph
(3) such section 1893(h).
(d) Sunset of Demonstration Project for Use of Recovery Audit
Contractors With Respect to Medicare Secondary Payer Claims and
Activities.--Section 306(b)(2) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2256) is amended--
(1) by striking ``Duration.--The project'' and inserting
``Duration.--
(A) In general.--Subject to subparagraph (B), the
project''; and
(2) by inserting after subparagraph (A), as inserted by
paragraph (1), the following new subparagraph:
``(B) Sunset of project with respect to medicare
secondary payer claims and activities.--The project
shall not be conducted with respect to Medicare
Secondary Payer claims and activities on or after the
date of enactment of the Ensuring the Integrity of the
Medicare Program Act of 2006, except that recovery
audit contracts entered into prior to such date with
respect to such claims and activities may be completed
pursuant to the terms and conditions of the
contract.''. | Ensuring the Integrity of the Medicare Program Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to require the use of recovery audit contractors under the Medicare Integrity Program for audits of Medicare secondary payer claims and activities.
Requires the Secretary of Labor to provide for access by the Centers for Medicare and Medicaid Services (CMMS) and recovery audit contractors conducting audit and recovery activities under this Act to: (1) the National Directory of New Hires database; and (2) the database of the CMMS Coordination of Benefits Contractor with respect to specified audit and recovery periods. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Preparation and Retention
Training Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) training programs carried out under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.) that include a pre-
vocational component have had placement success rates that are
better than the success rates of programs under that Act that
lack that component;
(2) a need exists for skills training to enable individuals
who are welfare recipients to make transitions into
unsubsidized employment that provides career potential and
enables the individuals to achieve economic self-sufficiency;
(3) current Federal law does not adequately address the
tremendously deleterious effect of unfavorable environmental
and cultural factors on the ability of such individuals to
obtain and retain gainful employment;
(4) a need exists for a Federal commitment to the
development of pre-vocational training programs that focus on--
(A) improving the job readiness of individuals who
are welfare recipients;
(B) preparing the individuals psychologically and
attitudinally for employment;
(C) teaching the individuals learning and other
appropriate skills; and
(D) placing the individuals--
(i) in permanent unsubsidized employment;
or
(ii) in skill training centers and, on
completion of the skill training, in permanent
unsubsidized employment; and
(5) community-based organizations--
(A) have provided such pre-vocational training
programs to disadvantaged populations, with
demonstrable success; and
(B) should receive additional Federal assistance to
enable the organizations to enhance the ability of the
organizations to provide the training programs in
communities with large populations of welfare
recipients and enable the organizations to provide the
training programs to additional welfare recipients.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) Welfare recipient.--The term ``welfare recipient''
means an individual 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.).
(3) Welfare transition program.--The term ``welfare
transition program'' means a vocational training program
conducted by or at the direction of a State as part of a State
program described in paragraph (2).
SEC. 4. GRANTS TO STATES.
(a) Grants.--
(1) In general.--The Secretary may make grants to States to
enable the States to assist community-based organizations in
implementing enhanced pre-vocational training programs for
eligible individuals.
(2) Grant period.--The Secretary shall make the grants for
periods of 1 year.
(b) State Plans.--To be eligible to receive a grant under this
section, the State shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. At a minimum, the application shall contain--
(1) a State plan describing the pre-vocational training
programs to be carried out in the State with funds made
available through the grant; and
(2) in particular, information describing the manner in
which the State will ensure that an appropriate community-based
organization in the State will carry out a pre-vocational
training program for incarcerated persons described in section
5(b)(2)(B), in accordance with section 5(b)(3)(B).
(c) Award of Grants.--In awarding grants under this section, the
Secretary shall take into consideration the needs of economically
distressed urban and rural areas in the States, as determined by the
Secretary.
SEC. 5. ASSISTANCE TO COMMUNITY-BASED ORGANIZATIONS.
(a) Assistance.--
(1) In general.--A State that receives a grant under
section 4 shall use the funds made available through the grant
to provide financial assistance to community-based
organizations, to enable the organizations to implement the
pre-vocational training programs referred to in section 4.
(2) Assistance period.--The State shall make the assistance
for periods of 1 year.
(b) Use of Funds.--
(1) In general.--A community-based organization that
receives financial assistance under this section shall use the
assistance to implement a pre-vocational training program,
through which the organization shall provide pre-vocational
training and placement services to eligible individuals.
(2) Eligible individuals.--To be eligible to receive
services through a pre-vocational training program under this
Act, an individual shall
(A) be a welfare recipient who--
(i) is enrolled in a welfare transition
program; or
(ii) is eligible to be enrolled in, but has
not participated in, a welfare transition
program; or
(B) be a person who is incarcerated in a Federal,
State, or local prison, and will be released from the
prison within a reasonable period, as defined in
regulation by the Secretary.
(3) Pre-vocational training.--
(A) Welfare recipients.--An organization selected
by a State to implement a pre-vocational training
program for eligible individuals described in paragraph
(2)(A) shall--
(i) provide pre-vocational training,
through job training centers, designed to--
(I) as quickly as practicable,
enable the individuals to overcome the
effects of inadequate educational
preparation and unfavorable
environmental and cultural factors, in
order to prepare the individuals for
employment;
(II) improve the job readiness of
the individuals;
(III) prepare the individuals
psychologically and attitudinally for
employment; and
(IV) enable the individuals to
develop learning skills, communication
and computational skills, punctuality,
health and personal maintenance skills,
job seeking skills (including
interviewing skills), basic literacy,
skills required for receipt of a
secondary school diploma or its
equivalent, professionalism, and
responsiveness for authority; and
(ii) on completion of the pre-vocational
training, place the individuals--
(I) in permanent unsubsidized
employment; or
(II) in skill training centers that
provide superior skill training for
positions that are quickly obtainable
and, on completion of the skill
training, in permanent unsubsidized
employment.
(B) Incarcerated persons.--An organization selected
by a State to implement a pre-vocational training
program for eligible individuals described in paragraph
(2)(B) shall provide the pre-vocational training
described in subparagraph (A)(i) in the Federal, State,
or local prison involved and provide the placement
services described in subparagraph (A)(ii)(II).
(4) Limits.--The organization shall provide not less than 2
weeks and not more than 3 months of pre-vocational training to
an eligible individual through the program. The organization
shall not provide more than $1200 in services under the program
to an eligible individual.
(5) Special rule.--No organization may charge a fee to an
eligible individual for services under the program, if the
individual is a citizen or resident alien.
(6) Coordination.--A community-based organization providing
placement services under this subsection shall coordinate the
services with the efforts of local private sector businesses to
create jobs and employment opportunities.
(c) Applications.--To be eligible to receive financial assistance
under this section, a community-based organization shall submit an
application to the State at such time, in such manner, and containing
such information as the Secretary may require.
SEC. 6. MONITORING.
The Secretary shall monitor the effectiveness of programs carried
out under this Act by collecting information on--
(1) the percentage of program participants who are placed
in employment after that participation;
(2) the percentage of the participants who are retained in
employment after that participation; and
(3) the economic impact of the employment of the
participants.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000 for fiscal years 1999 and 2000. | Job Preparation and Retention Training Act of 1998 - Authorizes the Secretary of Labor to make grants to States to assist community-based organizations in implementing enhanced pre-vocational training programs for eligible individuals.
Makes individuals eligible for such training programs if they are: (1) welfare recipients who are enrolled in welfare transition programs, or who are eligible to be so enrolled but have not participated in such programs; or (2) Federal, State, or local prisoners who will be released within a reasonable period.
Limits the duration of an individual's pre-vocational training to between two weeks and three months. Limits the maximum monetary value of such services provided to any eligible individual.
Sets forth program requirements relating to State plans, grant award considerations, assistance to and use of funds by community organizations, and monitoring.
Authorizes appropriations. | billsum_train |
Provide a summary of the following text: .
The War Powers Resolution (50 U.S.C. 1541 et seq.; Public Law 93-
148), relating to the exercise of war powers by the President under the
Constitution, is hereby repealed.
TITLE II--EXPEDITED PROCEDURES
SEC. 201. CONGRESSIONAL PRIORITY PROCEDURES.
(a) Definitions.--For purposes of this section--
(1) the term ``resolution'' means any resolution described
in subsection (a) or (b) of section 105; and
(2) the term ``session days'' means days on which the
respective House of Congress is in session.
(b) Referral of Resolutions.--A resolution introduced in the House
of Representatives shall be referred to the Committee on International
Relations of the House of Representatives. A resolution introduced in
the Senate shall be referred to the Committee on Foreign Relations of
the Senate.
(c) Discharge of Committee.--(1) If the committee to which is
referred a resolution has not reported such a resolution (or an
identical resolution) at the end of 7 calendar days after its
introduction, such committee shall be discharged from further
consideration of such resolution, and such resolution shall be placed
on the appropriate calendar of the House of Congress involved.
(2) After a committee reports or is discharged from a resolution,
no other resolution with respect to the same use of force may be
reported by or be discharged from such committee while the first
resolution is before the respective House of Congress (including
remaining on the calendar), a committee of conference, or the
President. This paragraph may not be construed to prohibit concurrent
consideration of a joint resolution described in section 105(a) and a
concurrent resolution described in section 105(b).
(d) Consideration of Resolutions.--(1)(A) Whenever the committee to
which a resolution is referred has reported, or has been discharged
under subsection (c) from further consideration of such resolution,
notwithstanding any rule or precedent of the Senate, including Rule 22,
it is at any time thereafter in order (even though a previous motion to
the same effect has been disagreed to) for any Member of the respective
House of Congress to move to proceed to the consideration of the
resolution and, except as provided in subparagraph (B) of this
paragraph or paragraph (2) of this subsection (insofar as it relates to
germaneness and relevancy of amendments), all points of order against
the resolution and consideration of the resolution are waived. The
motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall be in order, except
that such motion may not be entered for future disposition. If a motion
to proceed to the consideration of the resolution is agreed to, the
resolution shall remain the unfinished business of the respective House
of Congress, to the exclusion of all other business, until disposed of,
except as otherwise provided in subsection (e)(1).
(B) Whenever a point of order is raised in the Senate against the
privileged status of a resolution that has been laid before the Senate
and been initially identified as privileged for consideration under
this section upon its introduction pursuant to section 105, such point
of order shall be submitted directly to the Senate. The point of
order, ``The resolution is not privileged under the Use of Force Act'',
shall be decided by the yeas and the nays after four hours of debate,
equally divided between, and controlled by, the Member raising the
point of order and the manager of the resolution, except that in the
event the manager is in favor of such point of order, the time in
opposition thereto shall be controlled by the Minority Leader or his
designee. Such point of order shall not be considered to establish
precedent for determination of future cases.
(2)(A)(i) Consideration in a House of Congress of the resolution,
and all amendments and debatable motions in connection therewith, shall
be limited to not more than 12 hours, which, except as otherwise
provided in this section, shall be equally divided between, and
controlled by, the Majority Leader and the Minority Leader, or by their
designees.
(ii) The Majority Leader or the Minority Leader or their designees
may, from the time under their control on the resolution, allot
additional time to any Senator during the consideration of any
amendment, debatable motion, or appeal.
(B) Only amendments which are germane and relevant to the
resolution are in order. Debate on any amendment to the resolution
shall be limited to 2 hours, except that debate on any amendment to an
amendment shall be limited to 1 hour. The time of debate for each
amendment shall be equally divided between, and controlled by, the
mover of the amendment and the manager of the resolution, except that
in the event the manager is in favor of any such amendment, the time in
opposition thereto shall be controlled by the Minority Leader or his
designee.
(C) One amendment by the Minority Leader is in order to be offered
under a one-hour time limitation immediately following the expiration
of the 12-hour time limitation if the Minority Leader has had no
opportunity to offer an amendment to the resolution thereto. One
amendment may be offered to the amendment by the Minority Leader under
the preceding sentence, and debate shall be limited on such amendment
to one-half hour which shall be equally divided between, and controlled
by, the mover of the amendment and the manager of the resolution,
except that in the event the manager is in favor of any such amendment,
the time in opposition thereto shall be controlled by the Minority
Leader or his designee.
(D) A motion to postpone or a motion to recommit the resolution is
not in order. A motion to reconsider the vote by which the resolution
is agreed to or disagreed to is in order, except that such motion may
not be entered for future disposition, and debate on such motion shall
be limited to 1 hour.
(3) Whenever all the time for debate on a resolution has been used
or yielded back, no further amendments may be proposed, except as
provided in paragraph (2)(C), and the vote on the adoption of the
resolution shall occur without any intervening motion or amendment,
except that a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the appropriate House of
Congress may occur immediately before such vote.
(4) Appeals from the decisions of the Chair relating to the
application of the Rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution shall be
limited to one-half hour of debate, equally divided between, and
controlled by, the Member making the appeal and the manager of the
resolution, except that in the event the manager is in favor of any
such appeal, the time in opposition thereto shall be controlled by the
Minority Leader or his designee.
(e) Treatment of Other House's Resolution.--(1) Except as provided
in paragraph (2), if, before the passage by one House of a resolution
of that House, that House receives from the other House a resolution,
then the following procedures shall apply:
(A) The resolution of the sending House shall not be
referred to a committee in the receiving House.
(B) With respect to a resolution of the House receiving the
resolution, the procedure in that House shall be the same as if
no resolution had been received from the sending House, except
that the resolution of the sending House shall be considered to
have been read for the third time.
(C) If the resolutions of the sending and receiving Houses
are identical, the vote on final passage shall be on the
resolution of the sending House.
(D) If such resolutions are not identical--
(i) the vote on final passage shall be on the
resolution of the sending House, with the text of the
resolution of the receiving House inserted in lieu of
the text of the resolution of the sending House;
(ii) such vote on final passage shall occur without
debate or any intervening action; and
(iii) the resolution shall be returned to the
sending House for proceedings under subsection (g).
(E) Upon disposition of the resolution received from the
other House, it shall no longer be in order to consider the
resolution originated in the receiving House.
(2) If one House receives from the other House a resolution before
any such resolution is introduced in the first House, then the
resolution received shall be referred, in the case of the House of
Representatives, to the Committee on International Relations and, in
the case of the Senate, to the Committee on Foreign Relations, and the
procedures in that House with respect to that resolution shall be the
same under this section as if the resolution received had been
introduced in that House.
(f) Treatment of Identical Resolutions.--If one House receives from
the other House a resolution after the first House has disposed of an
identical resolution, it shall be in order to proceed by nondebatable
motion to consideration of the resolution received by the first House,
and that received resolution shall be disposed of without debate and
without amendment.
(g) Procedures Applicable to Amendments Between the Houses of
Congress.--The following procedures shall apply to dispose of
amendments between the Houses of Congress:
(1) Upon receipt by a House of Congress of a message from
the other House with respect to a resolution, it is in order
for any Member of the House receiving the message to move to
proceed to the consideration of the respective resolution. Such
motion shall be disposed of in the same manner as a motion
under subsection (d)(1)(A). Such a motion is not in order after
conferees have been appointed.
(2)(A) The time for debate in a House of Congress on any
motion required for the disposition of an amendment by the
other House to the resolution shall not exceed 2 hours, equally
divided between, and controlled by, the mover of the motion and
manager of the resolution at each stage of the proceedings
between the two Houses, except that in the event the manager is
in favor of any such motion, the time in opposition thereto
shall be controlled by the Minority Leader or his designee.
(B) The time for debate for each amendment to a motion
shall be limited to one-half hour.
(C) Only motions proposing amendments which are germane and
relevant are in order.
(h) Procedures Applicable to Conference Reports and Presidential
Action.--(1) Either House of Congress may disagree to an amendment or
amendments made by the other House to a resolution or may insist upon
its amendment or amendments to a resolution, and request a conference
with the other House at anytime. In the case of any disagreement
between the two Houses of Congress with respect to an amendment or
amendments to a resolution which is not resolved within 2 session days
after a House of Congress first amends the resolution originated by the
other House, each House shall be deemed to have requested and accepted
a conference with the other House. Upon the request or acceptance of a
conference, in the case of the Senate, the President pro tempore shall
appoint conferees and, in the case of the House of Representatives, the
Speaker of the House shall appoint conferees.
(2) In the event the conferees are unable to agree within 72 hours
after the second House is notified that the first House has agreed to
conference, or after each House is deemed to have agreed to conference,
they shall report back to their respective House in disagreement.
(3) Notwithstanding any rule in either House of Congress concerning
the printing of conference reports in the Congressional Record or
concerning any delay in the consideration of such reports, such report,
including a report filed or returned in disagreement, shall be acted on
in the House of Representatives or the Senate not later than 2 session
days after the first House files the report or, in the case of the
Senate acting first, the report is first made available on the desks of
the Senators.
(4) Debate in a House of Congress on a conference report or a
report filed or returned in disagreement in any such resolution shall
be limited to 3 hours, equally divided between the Majority Leader and
the Minority Leader, and their designees.
(5) In the case of a conference report returned to a House of
Congress in disagreement, an amendment to the amendment in disagreement
is only in order if it is germane and relevant. The time for debate for
such an amendment shall be limited to one-half hour, to be equally
divided between, and controlled by, the mover of the amendment and the
manager of the resolution, except that in the event the manager is in
favor of any such amendment, the time in opposition thereto shall be
controlled by the Minority Leader or his designee.
(6) If a resolution is vetoed by the President, the time for debate
in consideration of the veto message on such measure shall be limited
to 20 hours in each House of Congress, equally divided between, and
controlled by, the Majority Leader and the Minority Leader, and their
designees.
(i) Rules of the Senate and the House.--This section is enacted by
the Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution, and it supersedes other
rules only to the extent that it is inconsistent with such
rules; and
(2) with full recognition of the constitutional right of
either House to change rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 202. REPEAL OF OBSOLETE EXPEDITED PROCEDURES.
Section 1013 of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (50 U.S.C. 1546a), relating to expedited procedures
for certain joint resolutions and bills, is repealed.
S 564 IS----2
S 564 IS----3 | TABLE OF CONTENTS:
Title I: General Provisions
Title II: Expedited Procedures
Use of Force Act -
Title I: General Provisions
- Authorizes the President, in the absence of a declaration of war or statutory authorization for a specific use of force, to use force abroad to: (1) repel an armed attack upon the United States or its armed forces; (2) respond to a foreign military threat that jeopardizes U.S. national interests under emergency conditions that do not permit sufficient time for the Congress to consider such authorization or a declaration of war; (3) extricate U.S. citizens and nationals located abroad from a direct and imminent threat to their lives; (4) forestall an imminent act of international terrorism directed at U.S. citizens or nationals or to retaliate against the perpetrators of such an act; and (5) protect internationally recognized rights of innocent and free passage in the air and on the seas in circumstances where the threat of violation of such rights poses a danger to the safety of American citizens or U.S. national security.
Requires the President to adhere to principles of necessity and proportionality such that: (1) force may not be used for purposes of aggression; (2) the President shall have determined, before the use of force, that the objective could not have been achieved satisfactorily by means other than the use of force; (3) the use of force shall be exercised with levels of force, in a manner, and for a duration essential to and directly connected with the achievement of the objective; and (4) the diplomatic, military, economic, and humanitarian consequences of the action shall be in reasonable proportion to the benefits of the objective.
(Sec. 102) Directs the President, except where an emergency exists that does not permit sufficient time, to seek the advice of the Congress before any use of force abroad.
Establishes the Congressional Leadership Group on the Use of Force Abroad to facilitate regular consultation between the President and the Congress on foreign and national security policy.
(Sec. 103) Requires the President, within 48 hours of commencing a use of force abroad, to submit a Use of Force report to the Speaker of the House of Representatives and the president pro tempore of the Senate. Provides for periodic reporting on the status, scope, and expected duration of the use of force.
(Sec. 104) Authorizes the President to continue a use of force abroad for longer than 60 days after the date by which the Use of Force report is required only if: (1) the Congress has declared war or provided specific statutory authorization for the extended period; (2) the President has requested the Congress to enact a joint resolution constituting such a declaration or authorization but the resolution has not been subject to a vote in each House; or (3) the President has certified to the Speaker of the House and the president pro tempore of the Senate that an emergency exists that threatens the U.S. national interests and requires the period of limitation to be exceeded.
(Sec. 105) Sets forth conditions under which joint or concurrent resolutions involving declarations of war and the use of force abroad shall receive expedited consideration in the Congress.
(Sec. 106) Prohibits funding for any use of force abroad that is inconsistent with this Act.
(Sec. 107) Authorizes Members of Congress to bring actions alleging violations of this Act. Sets forth provisions regarding judicial review and remedies.
(Sec. 110) Repeals the War Powers Resolution.
Title II: Expedited Procedures
- Sets forth congressional procedures for the consideration of resolutions regarding the use of force abroad. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Act of 2000''.
(b) References in Act.--Except as specifically provided in this
Act, whenever in this Act an amendment or repeal is expressed as an
amendment or repeal of a provision, the reference shall be deemed to be
made to title 49, United States Code.
SEC. 2. DEFINITIONS.
Section 60101 is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(26) `release of a hazardous liquid or gas' means any
spilling, leaking, emitting, discharging, dumping, disposing,
or any other uncontrolled escape of a hazardous liquid or gas
from a pipeline.''.
SEC. 3. EXPANDED STATE AUTHORITY.
(a) Additional Training and Education.--Section 60102(a) is amended
by adding at the end the following new paragraph:
``(3)(A) A State may, by regulation, require individuals described
in paragraph (1)(C) who operate a pipeline facility in such State to
satisfy training and education requirements that are in addition to any
qualifications required under that paragraph.
``(B) Subject to subparagraph (C), the Secretary may determine that
a regulation under subparagraph (A) unduly burdens interstate commerce
or that a State lacks the resources or expertise necessary to carry out
a regulation under that subparagraph. A State may not enforce a
regulation covered by a determination under the preceding sentence.
``(C) The Secretary may make a determination under subparagraph (B)
only--
``(i) after notifying the State concerned in writing of the
Secretary's objections to the regulation;
``(ii) after affording the State an opportunity to take
action within a period of time (not to exceed 90 days)
specified by the Secretary to modify the regulation to take
into account the objections specified under clause (i); and
``(iii) after a public hearing.''.
(b) Use of Leak Detection Devices.--Section 60102(j) is amended by
adding at the end the following new paragraph:
``(4)(A)(i) A State may, by regulation, require the use of
equipment in such State to detect and locate pipeline releases of
hazardous liquids or gases.
``(ii) A State may require equipment under clause (i) only if--
``(I) the Secretary has determined the equipment to be
effective and useful for detecting releases of hazardous
liquids or gases; or
``(II) the equipment is commonly used in the pipeline
industry for detecting such releases.
``(B) Subject to subparagraph (C), the Secretary may determine that
a regulation under subparagraph (A) unduly burdens interstate commerce
or that a State lacks the resources or expertise necessary to carry out
a regulation under that subparagraph. A State may not enforce a
regulation covered by a determination under the preceding sentence.
``(C) The Secretary may make a determination under subparagraph (B)
only--
``(i) after notifying the State concerned in writing of the
Secretary's objections to the regulation;
``(ii) after affording the State an opportunity to take
action within a period of time (not to exceed 90 days)
specified by the Secretary to modify the regulation to take
into account the objections specified under clause (i); and
``(iii) after a public hearing.''.
(c) Relation to Federal Preemption.--The second sentence of section
60104(c) is amended by striking ``A State'' and inserting ``Except as
otherwise provided in sections 60102 and 60106, a State''.
(d) State Pipeline Safety Agreements.--
(1) In general.--Section 60106 is amended--
(A) in subsection (a)--
(i) in the second sentence, by striking
``agreement shall--'' and inserting
``agreement--'';
(ii) in paragraph (1)--
(I) by inserting ``shall'' before
``establish''; and
(II) by striking ``and'' at the
end;
(iii) in paragraph (2)--
(I) by inserting ``shall'' before
``prescribe''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new
paragraph:
``(3) may permit the State authority to--
``(i) require inspections and tests of pipeline
facilities that are in addition to Federal requirements
under this chapter;
``(ii) enforce Federal minimum safety standards
under this chapter;
``(iii) require, by regulation, the owner or
operator of a pipeline facility in the State to certify
to the State that its safety procedure and accident
response plans comply with the safety requirements
prescribed under this chapter; and
``(iv) regulate activities related to the safety of
pipeline facilities if such regulation--
``(I) would enhance the safety of those
facilities; and
``(II) would not include safety standards
less stringent than are otherwise imposed under
this chapter.'';
(B) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(C) by inserting after subsection (a) the following
new subsection (b):
``(b) Approval of Agreements.--(1) The Secretary shall approve an
agreement submitted by a State authority under subsection (a) not later
than 90 days after the date of its submittal under that subsection.
``(2) The Secretary may not approve an agreement submitted under
subsection (a) if the Secretary determines that the agreement would
unduly burden interstate commerce or that the State authority lacks the
resources or expertise necessary to carry out the agreement.''; and
(D) by amending subsection (e), as so redesignated,
to read as follows:
``(e) Ending Agreements.--(1) Subject to paragraphs (2) and (3),
the Secretary may end an agreement under this section if the Secretary
finds that the State authority concerned has not complied with the
agreement.
``(2) The Secretary may end an agreement under paragraph (1) only--
``(A) after notifying the State authority in writing of the
finding of the Secretary under that paragraph;
``(B) after affording the State authority an opportunity to
take action with a period of time (not to exceed 90 days)
specified by the Secretary to comply with the agreement; and
``(C) after a public hearing.
``(3) The Secretary shall, after complying with paragraph (2),
publish in the Federal Register a notice of a finding and decision
under this subsection. The finding and decision shall not take effect
until at least 15 days after the date of its publication under the
preceding sentence.''.
(2) Sense of congress.--It is the sense of Congress that
the Secretary of Transportation should aggressively pursue
entry into pipeline safety agreements with States under section
60106 of title 49, United States Code, as amended by paragraph
(1).
(e) State Pipeline Safety Grants.--Paragraph (1) of section
60107(a) is amended to read as follows:
``(1) to carry out a safety program under a certification
under section 60105 or an agreement under section 60106, and to
carry out any other any other authority permitted a State under
this chapter; or''.
(f) State Role in Accident Response and Prevention.--Congress
recognizes that each State has a role in--
(1) the determination of equipment needs for responses to
accidents involving a pipeline facility;
(2) the development of training curriculum for police,
fire, and emergency medical personnel within the State;
(3) the development of prevention planning and preparedness
for spills within the State; and
(4) in areas where their partnership and their
understanding of local conditions and circumstances would
enhance safety.
SEC. 4. PUBLIC RIGHT TO KNOW.
Section 60102(c) is amended by adding at the end the following new
paragraph:
``(5) Public right to know.--
``(A) The Secretary shall include in the standards
prescribed under subsection (a) a requirement that the
owner or operator of each interstate pipeline facility
notify the entities and individuals described in
subparagraph (B) of any inspection or testing of a
pipeline facility, any rupture in the pipeline
facility, and any release of a hazardous liquid or gas
described in subparagraph (C) from such facility and
provide a summary of any data obtained from such
inspection, testing, rupture, or release to those
entities and individuals.
``(B) The entities and individuals referred to in
subparagraph (A) are--
``(i) appropriate Federal and State
regulatory authorities; and
``(ii) municipalities, school districts,
businesses, and residents likely to be impacted
by an accident involving the pipeline facility
that was inspected or tested or with respect to
which a rupture of a pipeline facility or
release of a hazardous liquid or gas was found.
``(C) A release of a hazardous liquid or gas
described in subparagraph (A) is a release involving--
``(i) any spill in excess of 40 liquid
gallons; or
``(ii) any spill of more than 30 days
duration.''.
SEC. 5. NEW FEDERAL REQUIREMENTS.
Section 60108(b) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) Not later than December 1, 2000, the Secretary shall
require that--
``(i) inspections under paragraph (1) of the internal
condition of a pipeline facility where the pipe is capable of
accommodating internal inspection devices, shall occur at least
once every 5 years; and
``(ii) effective with a determination by the Secretary that
the appropriate technology for inspections is sufficiently
reliable, inspections under paragraph (1) of the external
condition of a pipeline facility shall occur at least once
every 5 years.
``(B) The Secretary shall--
``(i) notify the Federal and State authorities having
responsibility for the regulation of the inspected pipeline
facility and those municipalities, school districts,
businesses, and residents reasonably likely to be impacted by
an accident involving the inspected pipeline facility of the
results of the inspections conducted under subparagraph (A);
and
``(ii) make available to the public the information
notified under clause (i).
``(C) The Secretary shall take steps to remedy any problem in a
pipeline facility and may require additional testing of the pipeline
facility.''.
SEC. 6. ENHANCED QUALIFICATIONS OF PIPELINE OPERATORS.
Section 60102(a)(1)(C) is amended to read as follows:
``(C) shall include a requirement that all individuals
responsible for the operation and maintenance of pipeline
facilities be tested for qualification to perform such
functions and certified as qualified by the Secretary to
perform such functions, and may include a requirement that
those individuals obtain additional education and training to
qualify to perform such functions.''.
SEC. 7. STUDY AND REPORT.
(a) Study.--The Secretary of Transportation shall conduct a study
on--
(1) the status of the reliability and accuracy of internal
and external inspection devices for pipeline facilities;
(2) a determination of the optimal minimum burial depth of
such pipeline facilities;
(3) the feasibility of requiring failsafe mechanisms that
are nonelectronic and that do not rely on any human or
administrative process;
(4) the effectiveness of current failsafe mechanisms; and
(5) the practicality of removing distinctions between
natural gas and liquid pipelines and equalizing priorities
between natural gas and liquid pipelines.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report to
Congress setting forth the results of the study conducted under
subsection (a).
(c) Failsafe Mechanism Defined.--For purposes of subsection (a),
the term ``failsafe mechanism'', in the case of a pipeline, means a
nonelectronic or mechanically based system that prevents the pipeline
from exceeding its maximum operating pressure in the event of a failure
of the primary or electronic system designed for such purpose.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquids.--Section 60125(a) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) $50,000,000 for fiscal year 2001, of which at least
$4,000,000 should be available only for research and
development of inspection devices and leak detection;
``(7) $62,000,000 for fiscal year 2002, of which at least
$5,000,000 should be available only for research and
development of inspection devices and leak detection;
``(8) $64,000,000 for fiscal year 2003, of which at least
$5,000,000 should be available only for research and
development of inspection devices and leak detection;
``(9) $66,000,000 for fiscal year 2004, of which at least
$6,000,000 should be available only for research and
development of inspection devices and leak detection; and
``(10) $68,000,000 for fiscal year 2005, of which at least
$6,000,000 should be available only for research and
development of inspection devices and leak detection.''.
(b) State Grants.--Section 60125(c)(1) is amended by adding at the
end the following new subparagraphs:
``(I) $31,000,000 for the fiscal year 2001;
``(J) $37,000,000 for the fiscal year 2002;
``(K) $38,000,000 for the fiscal year 2003;
``(L) $39,000,000 for the fiscal year 2004; and
``(M) $40,000,000 for the fiscal year 2005.''. | (Sec. 3) Provides that State pipeline safety agreements may permit the State authority to: (1) require inspections and tests of pipeline facilities in addition to Federal pipeline safety requirements; (2) enforce those Federal requirements; (3) require, by regulation, the owner or operator of a pipeline facility to certify to the State that its safety procedure and accident response plans comply with such Federal requirements; and (4) regulate activities related to the safety of pipeline facilities provided certain conditions are met. Requires the Secretary of Transportation to approve an agreement submitted by a State authority not later than 90 days after its submission. Prohibits the Secretary from approving an agreement that would unduly burden interstate commerce or if the State authority lacks the resources or expertise necessary to carry out the agreement. Authorizes the Secretary, subject to specified conditions, to end an agreement if it is found that the State authority has not complied with the agreement.
Expresses the sense of Congress that the Secretary should aggressively pursue entry into pipeline safety agreements with States. Recognizes the State role in specified activities related to accident response and prevention.
(Sec. 4) Directs the Secretary to include in Federal minimum safety standards for pipeline facilities a requirement that owners or operators of interstate pipeline facilities notify appropriate Federal, State, and local entities and individuals likely to be impacted by an accident of any inspection, testing, or rupture of a pipeline facility, or any release of a hazardous liquid or gas from such facility, including any related information.
(Sec. 5) Directs the Secretary, not later than December 1, 2000, to set forth new Federal standards requiring the inspection of the internal and external condition of a pipeline facility at least once every five years. Requires the Secretary to notify those entities and individuals likely to be impacted by an accident involving an inspected pipeline facility of the results of such inspection.
(Sec. 6) Revises Federal minimum safety standards for pipeline facilities to require pipeline operators to be: (1) tested for qualification to perform enumerated functions related to the installation, testing, and maintenance of a pipeline; and (2) certified as qualified by the Secretary of Transportation to perform such functions. Allows such standards to include a requirement that such individuals obtain additional education and training to qualify to perform such functions.
(Sec. 7) Directs the Secretary to study and report to Congress on the inspection and placement of pipeline facilities.
(Sec. 8) Authorizes appropriations for: (1) research and development of inspection devices and leak detection for pipeline facilities; and (2) State pipeline safety grants. | billsum_train |
Provide a summary of the following text: of Approval.--
(1) Introduction and placement on calendar.--If the
President submits a formal request under subsection (a)(1) for
authorization to use members of the Armed Forces for a military
humanitarian operation, then within 1 calendar day of such
request, the majority leader of the Senate and the Speaker of
the House of Representatives shall introduce an identical joint
resolution in the Senate and the House of Representatives
calling for consideration of the military humanitarian
operation and shall place such resolution directly on the
calendar of the respective House.
(2) Floor consideration.--
(A) In general.--It shall be in order for any
Member of the respective House to move to proceed to
the consideration of a resolution introduced under
paragraph (1), and all points of order against the
resolution (and against consideration of the
resolution) are waived. The motion is highly privileged
in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not
subject to amendment, to a motion to postpone, or to a
motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the resolution shall
remain the unfinished business of the respective House
until disposed of.
(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 4 hours, which shall
be divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on the resolution, and a
single quorum call at the conclusion of the debate if
requested in accordance with the rules of the
appropriate House, the vote on final passage of the
resolution shall occur. The vote shall occur not later
than 48 hours after submission of a formal request
under subsection (a)(1), unless the President waives
such deadline, in which case the vote in each House
shall occur on the next calendar day each respective
House is in session.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution described in paragraph (1)
shall be decided without debate.
(3) Coordination with action by other house.--If, before
the passage by one House of a resolution of that House
described in paragraph (1), that House receives from the other
House a resolution described in paragraph (1)--
(A) the resolution of the other House shall not be
referred to a committee; and
(B) with respect to the resolution of the House
receiving the resolution, the procedure in the
receiving House shall be the same as if no joint
resolution had been received from the other House until
the vote on final passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
(4) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in paragraph (1), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
SEC. 4. SEVERABILITY.
If any provision of this Act is held to be unconstitutional, the
remainder of the Act shall not be affected. | Military Humanitarian Operations Act of 2012 - Prohibits the President from deploying members of the Armed Forces into the territory, airspace, or waters of a foreign country for a military humanitarian operation unless: (1) the President submits to Congress a formal authorization request, and (2) Congress enacts a specific authorization.
Defines a "military humanitarian operation" as a military operation involving the deployment of members or weapons systems of the Armed Forces where hostile activities are reasonably anticipated and with the aim of preventing or responding to a humanitarian catastrophe, including its regional consequences, or addressing a threat posed to international peace and security.
Provides for the consideration of a joint resolution of approval of such use. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cache la Poudre River Corridor
Technical Amendments Act of 2001''.
SEC. 2. CACHE LA POUDRE RIVER CORRIDOR.
Section 103(b) of the Cache La Poudre River Corridor Act (16 U.S.C.
461 note; Public Law 104-323) is amended in paragraphs (12) through
(19) by striking ``larimer county'' each place it appears and inserting
``weld county''.
SEC. 3. CACHE LA POUDRE RIVER CORRIDOR COMMISSION.
Section 104 of the Cache La Poudre River Corridor Act (16 U.S.C.
461 note; Public Law 104-323) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is established a commission to be known as
the `Cache La Poudre Corridor Commission'.''; and
(2) in subsection (b)--
(A) by striking ``The Secretary may provide
recognition under subsection (a) only if the Commission
reflects the following:'';
(B) in paragraph (1)(A)--
(i) by striking ``6 months after the date
of enactment of this Act'' and inserting the
following: ``180 days after the date of
enactment of the Cache la Poudre River Corridor
Technical Amendments Act of 2001'';
(ii) by striking clause (iii) and inserting
the following:
``(iii) 3 members who reside in Larimer
County or Weld County, and who are
knowledgeable in the interests of the Corridor,
shall be appointed by the Secretary from a list
of candidates recommended by the Governor, of
whom--
``(I) 1 member shall represent the
State;
``(II) 1 member shall represent
Colorado State University in Fort
Collins, Colorado; and
``(III) 1 member shall represent
the Northern Colorado Water Conservancy
District;'';
(iii) in clause (iv)--
(I) by striking ``who are
recommended by the Governor and
appointed by the Secretary,'' and
inserting ``who shall be appointed by
the Secretary from a list of candidates
recommended by the Governor,'';
(II) by striking subclause (II) and
inserting the following:
``(II) 2 members, who shall reside
in Larimer County and shall be
knowledgeable in the interests of
Larimer County, and of whom 1 shall be
knowledgeable in agriculture or
irrigated water interests, shall
represent Larimer County;'';
(III) by striking subclause (IV)
and inserting the following:
``(IV) 2 members, who shall reside
in Weld County and shall be
knowledgeable in the interests of Weld
County, and of whom 1 shall be
knowledgeable in agriculture or
irrigated water interests, shall
represent Weld County;''; and
(IV) in clause (V), by striking
``and'' at the end;
(iv) in clause (v)--
(I) by striking ``shall be
recommended by the Governor and
appointed by the Secretary,'' and
inserting ``shall be appointed by the
Secretary from a list of candidates
recommended by the Governor,''; and
(II) in subclause (III)--
(aa) by striking ``within''
and inserting ``in the vicinity
of''; and
(bb) by striking the period
at the end and inserting ``;
and''; and
(v) by inserting after clause (v) the
following:
``(vi) the members appointed under clauses
(iii) through (v) of paragraph (1)(A) shall be
considered to be government employees subject
to the Ethics in Government Act (5 U.S.C.
App.).''; and
(C) in paragraph (2), by striking subparagraph (B)
and inserting the following:
``(B) Initial members.--
``(i) In general.--The initial members of
the Commission appointed under paragraph (1)(A)
shall be appointed in accordance with clauses
(ii) through (iv).
``(ii) 3-year terms.--The following initial
members shall serve for a 3-year term:
``(I) The member appointed under
paragraph (1)(A)(i).
``(II) 1 member appointed under
paragraph (1)(A)(iv)(II).
``(III) 1 member appointed under
paragraph (1)(A)(iv)(IV).
``(IV) 1 member appointed under
paragraph (1)(A)(iv)(V).
``(V) 1 member appointed under
paragraph (1)(A)(v).
``(iii) 2-year terms.--The following
initial members shall serve for a 2-year term:
``(I) The member appointed under
paragraph (1)(A)(ii).
``(II) The member appointed under
paragraph (1)(A)(iii)(I).
``(III) The member appointed under
paragraph (1)(A)(iii)(II).
``(IV) 1 member appointed under
paragraph (1)(A)(iii)(III).
``(iv) 1-year terms.--The following initial
members shall serve for a 1-year term:
``(I) The member appointed under
paragraph (1)(A)(iv)(I).
``(II) 1 member appointed under
paragraph (1)(A)(iv)(II).
``(III) 1 member appointed under
paragraph (1)(A)(iv)(III).
``(IV) 1 member appointed under
paragraph (1)(A)(iv)(IV).
``(V) 1 member appointed under
paragraph (1)(A)(v).''.
SEC. 4. DUTIES OF COMMISSION.
Section 107 of the Cache La Poudre River Corridor Act (16 U.S.C.
461 note; Public Law 104-323) is amended by striking subsection (a) and
inserting the following:
``(a) In General.--The Commission shall--
``(1) prepare, obtain approval for, implement, and support
the Plan in accordance with section 108;
``(2) administer the Corridor; and
``(3) carry out all other duties of the Commission under
this Act.'';
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 113(a) of the Cache La Poudre River Corridor Act (16 U.S.C.
461 note; Public Law 104-323) is amended by striking ``date of
enactment of this Act'' and inserting the following: ``date of
enactment of the Cache la Poudre River Corridor Technical Amendments
Act of 2001''. | Cache La Poudre River Corridor Technical Amendments Act of 2001 - Amends the Cache La Poudre River Corridor Act with respect to the boundaries of the Cache La Poudre River Corridor in Colorado.Modifies requirements for the membership and terms of service of the Cache La Poudre Corridor Commission. Directs the Commission to administer the Corridor. (Currently, the Commission has only planning authority.)Extends the authorization of appropriations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Core Opportunity Resources for
Equity and Excellence Act of 2014''.
SEC. 2. STATE AND SCHOOL DISTRICT ACCOUNTABILITY.
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(1) in section 1111--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
inserting ``that lead to college and
career readiness by high school
graduation and'' after ``challenging
student academic achievement
standards''; and
(II) in subparagraph (D)(i)--
(aa) in subclause (II), by
striking ``and'' after the
semicolon; and
(bb) by adding at the end
the following:
``(IV) lead to college and career
readiness by high school graduation;
and''; and
(ii) in paragraph (2), by adding at the end
the following:
``(L) State accountability in the provision of
access to the core resources for learning.--
``(i) In general.--Each State plan shall
demonstrate that the State has developed an
accountability system that ensures that the
State's public school system provides all
students within the State an education that
enables the students to succeed from the
earliest grades, and graduate from high school
ready for college, career, and citizenship,
through--
``(I) the provision of fair and
equitable access to the core resources
for learning;
``(II) the provision of educational
services in local educational agencies
that receive funds under this part; and
``(III) compliance with any final
Federal or State court order in any
matter concerning the adequacy or
equitableness of the State's public
school system.
``(ii) Core resources for learning.--The
core resources for learning are the resources
and student supports necessary to provide all
students the opportunity to develop the
knowledge and skills that lead to college and
career readiness by high school graduation.
Such resources shall include the following:
``(I) High-quality instructional
teams, including licensed,
credentialed, and profession-ready
teachers, principals, school
librarians, counselors, and education
support personnel.
``(II) Rigorous academic standards
and curricula that lead to college and
career readiness by high school
graduation, including the extent to
which each local educational agency
provides access to such standards and
curricula in a manner that is
accessible to all students, including
students with disabilities and English
learners.
``(III) Equitable and
instructionally appropriate class
sizes.
``(IV) Up-to-date instructional
materials, technology, and supplies,
including textbooks, computers, mobile
devices, and access to broadband.
``(V) Effective school library
programs.
``(VI) School facilities and
technology, including physically and
environmentally sound school buildings
and well-equipped instructional spaces,
including laboratories and libraries.
``(VII) Specialized instruction
support teams, including school
counselors, school social workers,
school psychologists, school nurses,
and other qualified professionals
involved in providing assessment,
diagnosis, counseling, educational,
therapeutic, and other necessary
services (including related services as
that term is defined in section 602 of
the Individuals with Disabilities
Education Act) as part of a
comprehensive program to meet student
needs.
``(VIII) Effective programs for
family and community engagement in
education.
``(iii) Reporting.--Each State desiring to
receive a grant under this part shall annually
report to the Secretary how the State is
meeting the requirements for providing
equitable access to the core resources for
learning as required in clause (i) and any
areas of inequitable access, plans to address
such inequities, and progress toward
eliminating such inequities.
``(iv) Accountability and remediation.--A
State that fails to make progress toward
eliminating inequities in access to the core
resources for learning as required in clause
(i) identified for 2 or more consecutive years
shall not be eligible to receive funds under
any competitive grant program authorized under
this Act.''; and
(B) in subsection (h)--
(i) in paragraph (1)(C)(vii), by striking
``information on the performance of local
educational agencies in the State regarding
making adequate yearly progress, including the
number and names of each school identified for
school improvement under section 1116'' and
inserting ``information on the performance of
local educational agencies in the State in
providing fair and equitable access to the core
resources for learning and the number and names
of each school and each agency identified for
improvement under section 1116 or under the
terms of any waiver granted under section
9401'';
(ii) in paragraph (2)(B)--
(I) in clause (i)--
(aa) in subclause (I), by
striking ``and'' after the
semicolon; and
(bb) by adding at the end
the following:
``(III) information that shows how
students served by the local
educational agency are provided access
to the core resources for learning
compared to students in the State as a
whole; and'';
(II) in clause (ii)--
(aa) in subclause (I), by
striking ``and'' after the
semicolon;
(bb) in subclause (II), by
striking the period at the end
and inserting ``; and''; and
(cc) by adding at the end
the following:
``(III) information that shows how
the school's students are provided
access to the core resources for
learning compared to students in the
local educational agency and the State
as a whole.'';
(iii) in paragraph (4)--
(I) in subparagraph (F), by
striking ``and'' after the semicolon;
(II) in subparagraph (G), by
striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the
following:
``(H) the number and names of each local
educational agency identified for improvement under
section 1116 or under the terms of any waiver granted
under section 9401, the reason each such agency was so
identified, and the measures taken to address the
achievement problems of each such agency.'';
(2) in section 1116(c), by striking paragraph (3) and
inserting the following:
``(3) Identification of local educational agency for
improvement.--
``(A) In general.--A State shall identify for
improvement--
``(i) any local educational agency that,
for 2 consecutive years, including the period
immediately prior to the date of enactment of
the No Child Left Behind Act of 2001, failed to
make adequate yearly progress as defined in the
State's plan under section 1111(b)(2); or
``(ii) any local educational identified
under the terms of a waiver granted under
section 9401.
``(B) Intervention in local educational agencies
identified for improvement.--With respect to each local
educational agency identified for improvement by a
State under this section or under the terms of any
waiver granted under section 9401, the State--
``(i) shall identify any inequities in
access to the core resources for learning in
the schools served by the agency; and
``(ii) in partnership with such agency,
shall develop and implement a plan to address
identified inequities in access to the core
resources for learning.''.
(b) Restrictions on Waivers.--Section 9401(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7861(c)) is amended--
(1) in paragraph (9)(C), by striking ``or'' after the
semicolon;
(2) in paragraph (10), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(11) accountability for the provision of the core
resources for learning.''. | Core Opportunity Resources for Equity and Excellence Act of 2014 - Amends the school improvement program under part A of title I of the the Elementary and Secondary Education Act of 1965 (ESEA) to require states to adopt student achievement standards that lead to college and career readiness by high school graduation. Requires each state school improvement plan to ensure that the state's public school system enables students to meet those standards by providing them with fair and equitable access to the core resources for learning. Includes among the core resources for learning: high-quality instructional teams; rigorous academic standards and curricula that lead to college and career readiness by high school graduation; equitable and instructionally appropriate class sizes; up-to-date instructional materials, technology, and supplies; effective school library programs; school facilities and technology, including physically and environmentally sound school buildings and well-equipped instructional spaces; specialized instruction support teams providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services as part of a comprehensive program to meet student needs; and effective programs to engage families and the community in education. Prohibits states that fail to make progress toward eliminating inequities in access to the core resources for learning for two or more consecutive years from receiving funds under any competitive grant program authorized by the ESEA. Requires the annual report cards publicly disseminated by states and their local educational agencies (LEAs) to include information on the performance of LEAs and schools in providing students with fair and equitable access to the core resources for learning. Requires states to identify any of their LEAs as needing improvement if they: (1) fail for two consecutive years to make adequate yearly progress toward state academic content and achievement standards, or (2) have received a waiver of the ESEA's statutory or regulatory requirements from the Secretary of Education. Requires states to: (1) identify any inequities in access to the core resources of learning in schools served by an LEA that has been identified as needing improvement, and (2) work with the LEA to address those inequities. Prohibits the Secretary from waiving this Act's requirements for accountability in providing students with access to the core resources for learning. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Congressional
Hunger Fellows Act of 1997''.
(b) Findings.--The Congress finds as follows:
(1) There is a critical need for compassionate individuals
who are committed to assisting people who suffer from hunger as
well as a need for such individuals to initiate and administer
solutions to the hunger problem.
(2) Bill Emerson, the distinguished late Representative
from the 8th District of Missouri, demonstrated his commitment
to solving the problem of hunger in a bipartisan manner, his
commitment to public service, and his great affection for the
institution and the ideals of the United States Congress.
(3) George T. (Mickey) Leland, the distinguished late
Representative from the 18th District of Texas, demonstrated
his compassion for those in need, his high regard for public
service, and his lively exercise of political talents.
(4) The special concern that Mr. Emerson and Mr. Leland
demonstrated during their lives for the hungry and poor was an
inspiration for others to work toward the goals of equality and
justice for all.
(5) These two outstanding leaders maintained a special bond
of friendship regardless of political affiliation and worked
together to encourage future leaders to recognize and provide
service to others, and therefore it is especially appropriate
to honor the memory of Mr. Emerson and Mr. Leland by creating a
fellowship program to develop and train the future leaders of
the United States to pursue careers in humanitarian service.
SEC. 2. ESTABLISHMENT; BOARD OF TRUSTEES.
(a) In General.--There is established as an independent entity of
the executive branch of the United States Government, the Congressional
Hunger Fellows Program (hereinafter in this Act referred to as the
``Program'').
(b) Board of Trustees.--The Program shall be subject to the
supervision and direction of a Board of Trustees.
(1) Appointment.--The Board shall be composed of 7 voting
members appointed under subparagraph (A) and 1 nonvoting ex
officio member designated in subparagraph (B) as follows:
(A) Voting members.--(i) The President in
consultation with the Speaker of the House of
Representatives and the minority leader, shall appoint
4 members.
(ii) The President in consultation with the
majority leader and the minority leader of the Senate
shall appoint 2 members.
(iii) The President in consultation with the
Secretary of Agriculture shall appoint 1 member.
(B) Nonvoting member.--The Executive Director of
the Program shall serve as a nonvoting ex officio
member.
(2) Terms.--Members of the Board shall serve a term of 4
years.
(3) Vacancy.--
(A) Authority of board.--A vacancy in the
membership of the Board does not affect the power of
the remaining members to carry out this Act.
(B) Appointment of successors.--A vacancy in the
membership of the Board shall be filled in the manner
in which the original appointment was made.
(C) Incomplete term.--If a member of the Board does
not serve the full term applicable to the member, the
individual appointed to fill the resulting vacancy
shall be appointed for the remainder of the term of the
predecessor of the individual.
(4) Chairperson.--As the first order of business of the
first meeting of the Board, the members shall elect a
Chairperson.
(5) Compensation.--
(A) In general.--Subject to subparagraph (B),
members of the Board may not receive compensation for
service on the Board.
(B) Travel.--Members of the Board may be reimbursed
for travel, subsistence, and other necessary expenses
incurred in carrying out the duties of the Program.
SEC. 3. PURPOSES; AUTHORITY OF PROGRAM.
(a) Purposes.--The purposes of the Program are--
(1) to encourage future leaders of the United States--
(A) to pursue careers in humanitarian service;
(B) to recognize the needs of people who are hungry
and poor; and
(C) to provide assistance and compassion for those
in need;
(2) to increase awareness of the importance of public
service; and
(3) to provide training and development opportunities for
such leaders.
(b) Authority.--The Program is authorized to develop such
fellowships, activities, and services to carry out the purposes of this
Act, including the fellowships described in subsection (c).
(c) Fellowships.--
(1) In general.--The Program shall establish and develop
the following fellowships:
(A) The Bill Emerson Hunger Fellowship shall
address domestic hunger and other humanitarian needs.
(B) The Mickey Leland Hunger Fellowship shall
address international hunger and other humanitarian
needs.
(2) Curriculum.--The fellowships established under
paragraph (1) shall provide education and training to develop
the skills and understanding of the fellows necessary to
improve the humanitarian conditions and the lives of
individuals who suffer from hunger, including--
(A) training in direct service to the hungry in
conjunction with community based organizations through
a program of field placement; and
(B) experience in policy development through
placement in a governmental entity or nonprofit
organization.
(3) Evaluation.--The Program shall from time to time
conduct an evaluation of the fellowships under this Act.
SEC. 4. TERMS OF FELLOWSHIPS.
(a) Period of Fellowship.--An applicant selected under subsection
(b) shall be awarded a fellowship for a period not to exceed 24 months.
(b) Selection of Fellows.--
(1) In general.--A fellowship shall be awarded pursuant to
a nationwide competition established by the Executive Director
with the approval of a majority of the Board. The Executive
Director shall establish the procedure for the competition
process.
(2) Qualification.--A successful applicant shall be an
individual who has demonstrated--
(A) a desire to pursue a career in humanitarian
service; and
(B) outstanding potential for such a career.
(3) Amount of award.--The Board shall determine the amount
of an educational award and living allowance that a successful
applicant will receive under a fellowship.
(4) Recognition of fellowship receipt.--
(A) A recipient of a fellowship from the Bill
Emerson Hunger Fellowship shall be known as an
``Emerson Fellow''.
(B) A recipient of a fellowship from the Mickey
Leland Hunger Fellowship shall be known as a ``Leland
Fellow''.
SEC. 5. TRUST FUND.
(a) Establishment.--There is established the Congressional Hunger
Fellows Trust Fund (hereinafter in this Act referred to as the
``Fund'') in the Treasury of the United States, consisting of amounts
appropriated to the Fund under section 9, amounts credited to it under
subsection (c), and amounts received under section 7(c)(2).
(b) Investment of Funds.--The Secretary of the Treasury shall
invest the full amount of the Fund. Each investment shall be made in an
interest bearing obligation of the United States or an obligation
guaranteed as to principal and interest by the United States that, as
determined by the Secretary in consultation with the Board, has a
maturity suitable for the Fund.
(c) Return on Investment.--Except as provided in section 6(a), the
Secretary of the Treasury shall credit to the Fund the interest on, and
the proceeds from sale or redemption of, obligations held in the Fund.
SEC. 6. EXPENDITURES; AUDIT.
(a) In General.--The Secretary of the Treasury shall transfer to
the Program from the amounts described in section 5(c) and section
7(c)(2) such sums as the Board determines are necessary to enable the
Program to carry out the provisions of this Act.
(b) Limitation.--The Secretary of the Treasury may not transfer to
the Program the amounts appropriated to the Fund under section 9.
(c) Audit by GAO.--
(1) In general.--The Comptroller General of the United
States shall conduct an annual audit of the accounts of the
Program.
(2) Books.--The Program shall make available to the
Comptroller General all books, accounts, financial records,
reports, files, and all other papers, things, or property
belonging to or in use by the Program and necessary to
facilitate such audit.
(3) Report to congress.--The Comptroller General shall
submit a copy of the results of each such audit to the
Congress.
SEC. 7. STAFF; POWERS OF PROGRAM.
(a) Executive Director.--
(1) In general.--The Board shall appoint an Executive
Director of the Program who shall be a nonvoting member of the
Board and who shall administer the Program. The Executive
Director shall carry out such other functions consistent with
the provisions of this Act as the Board shall prescribe.
(2) Restriction.--The Executive Director may not serve as
Chairperson of the Board.
(3) Compensation.--The Executive Director shall be paid at
a rate not to exceed the rate of basic pay payable for level
GS-15 of the General Schedule.
(b) Staff.--
(1) In general.--With the approval of a majority of the
Board, the Executive Director may appoint and fix the pay of
additional personnel as the Executive Director considers
necessary and appropriate to carry out the functions of the
provisions of this Act.
(2) Compensation.--An individual appointed under paragraph
(1) shall be paid at a rate not to exceed the rate of basic pay
payable for level GS-15 of the General Schedule.
(c) Powers.--In order to carry out the provisions of this Act, the
Program may perform the following functions:
(1) Gifts.--The Program may accept, use, and dispose of
gifts, bequests, or devises of services or property, both real
and personal, for the purpose of aiding or facilitating the
work of the Program. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts,
bequests, or devises shall be deposited in the Fund and shall
be available for disbursement upon order of the Board.
(2) Experts and consultants.--The Program may procure
temporary and intermittent services under section 3109 of title
5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for GS-15 of the General Schedule.
(3) Contract authority.--The Program may contract with and
compensate government and private agencies or persons without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(4) Other necessary expenditures.--The Program shall make
such other expenditures which the Program considers necessary
to carry out the provisions of this Act.
SEC. 8. REPORT.
Not later than December 31 of each year, the Board shall submit to
Secretary of Agriculture and to Congress a report on the activities of
the Program carried out during the previous fiscal year.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this Act, there is authorized to be
appropriated $20,000,000. | Congressional Hunger Fellows Act of 1997 - Establishes as an independent entity within the executive branch the Congressional Hunger Fellows Program to award 12-month Bill Emerson Hunger Fellowships (addressing domestic hunger and other humanitarian needs) and Mickey Leland Hunger Fellowships (addressing international hunger and other humanitarian needs) to develop and train individuals for careers in humanitarian service.
Establishes the Congressional Hunger Fellows Trust Fund for the deposit and receipt of Program funds.
Authorizes appropriations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Derivatives Limitations Act of
1994''.
SEC. 2. INSURED DEPOSITORY INSTITUTIONS.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by adding at the end the following new section:
``SEC. 44. DERIVATIVE INSTRUMENTS.
``(a) Derivatives Activities.--
``(1) General prohibition.--Except as provided in paragraph
(2), neither an insured depository institution, nor any
affiliate thereof, may purchase, sell, or engage in any
transaction involving a derivative financial instrument for the
account of that institution or affiliate.
``(2) Exceptions.--
``(A) Hedging transactions.--An insured depository
institution may purchase, sell, or engage in hedging
transactions to the extent that such activities are
approved by rule, regulation, or order of the
appropriate Federal banking agency issued in accordance
with paragraph (3).
``(B) Separately capitalized affiliate.--A
separately capitalized affiliate of an insured
depository institution that is not itself an insured
depository institution may purchase, sell, or engage in
a transaction involving a derivative financial
instrument if such affiliate complies with all rules,
regulations, or orders of the appropriate Federal
banking agency issued in accordance with paragraph (3).
``(C) De minimis interests.--An insured depository
institution may purchase, sell, or engage in
transactions involving de minimis interests in
derivative financial instruments for the account of
that institution to the extent that such activity is
defined and approved by rule, regulation, or order of
the appropriate Federal banking agency issued in
accordance with paragraph (3).
``(D) Existing interests.--During the 3-month
period beginning on the date of enactment of this
section, nothing in this section shall be construed--
``(i) as affecting an interest of an
insured depository institution in any
derivative financial instrument which existed
on the date of enactment of this section; or
``(ii) as restricting the ability of the
institution to acquire reasonably related
interests in other derivative financial
instruments for the purpose of resolving or
terminating an interest of the institution in
any derivative financial instrument which
existed on the date of enactment of this
section.
``(3) Issuance of rules, regulations, and orders.--The
appropriate Federal banking agency shall issue appropriate
rules, regulations, and orders governing the exceptions
provided for in paragraph (2), including--
``(A) appropriate public notice requirements;
``(B) a requirement that any affiliate described in
subparagraph (B) of paragraph (2) shall clearly and
conspicuously notify the public that none of the assets
of the affiliate, nor the risk of loss associated with
the transaction involving a derivative financial
instrument, are insured under Federal law or otherwise
guaranteed by the Federal Government or the parent
company of the affiliate; and
``(C) any other requirements that the appropriate
Federal banking agency considers appropriate.
``(b) Definitions.--For purposes of this section--
``(1) the term `derivative financial instrument' means--
``(A) an instrument the value of which is derived
from the value of stocks, bonds, other loan
instruments, other assets, interest or currency
exchange rates, or indexes, including qualified
financial contracts (as defined in section 11(e)(8));
and
``(B) any other instrument that an appropriate
Federal banking agency determines, by regulation or
order, to be a derivative financial instrument for
purposes of this section; and
``(2) the term `hedging transaction' means any transaction
involving a derivative financial instrument if--
``(A) such transaction is entered into in the
normal course of the institution's business primarily--
``(i) to reduce risk of price change or
currency fluctuations with respect to property
which is held or to be held by the institution;
or
``(ii) to reduce risk of interest rate or
price changes or currency fluctuations with
respect to loans or other investments made or
to be made, or obligations incurred or to be
incurred, by the institution; and
``(B) before the close of the day on which such
transaction was entered into (or such earlier time as
the appropriate Federal banking agency may prescribe by
regulation), the institution clearly identifies such
transaction as a hedging transaction.''.
SEC. 3. INSURED CREDIT UNIONS.
Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.)
is amended by adding at the end the following new section:
``SEC. 215. DERIVATIVE INSTRUMENTS.
``(a) Derivative Activities.--Except as provided in subsection (b),
neither an insured credit union, nor any affiliate thereof, may
purchase, sell, or engage in any transaction involving a derivative
financial instrument.
``(b) Applicability of Section 44 of the Federal Deposit Insurance
Act.--Section 44 of the Federal Deposit Insurance Act shall apply with
respect to insured credit unions and affiliates thereof and to the
Board in the same manner that such section applies to insured
depository institutions and affiliates thereof (as those terms are
defined in section 3 of that Act) and shall be enforceable by the Board
with respect to insured credit unions and affiliates under this Act.
``(c) Derivative Financial Instrument.--For purposes of this
section, the term `derivative financial instrument' means--
``(1) an instrument the value of which is derived from the
value of stocks, bonds, other loan instruments, other assets,
interest or currency exchange rates, or indexes, including
qualified financial contracts (as defined in section
207(c)(8)(D)); and
``(2) any other instrument that the Board determines, by
regulation or order, to be a derivative financial instrument
for purposes of this section.''.
SEC. 4. BANK HOLDING COMPANIES.
Section 3 of the Bank Holding Company Act of 1956 (12 U.S.C. 1842)
is amended by adding at the end the following new subsection:
``(h) Derivatives Activities.--
``(1) In general.--A subsidiary of a bank holding company
may purchase, sell, or engage in any transaction involving a
derivative financial instrument for the account of that
subsidiary if it--
``(A) is not an insured depository institution or a
subsidiary of an insured depository institution; and
``(B) is separately capitalized from any affiliated
insured depository institution.
``(2) Applicability of section 44 of the federal deposit
insurance act.--Section 44 of the Federal Deposit Insurance Act
shall apply with respect to bank holding companies and the
Board in the same manner that those such subsections apply to
an insured depository institution (as defined in section 3 of
that Act) and shall be enforceable by the Board with respect to
bank holding companies under this Act.
``(3) Derivative financial instrument.--For purposes of
this subsection, the term `derivative financial instrument'
means--
``(A) an instrument the value of which is derived
from the value of stocks, bonds, other loan
instruments, other assets, interest or currency
exchange rates, or indexes, including qualified
financial contracts (as defined in section
207(c)(8)(D)); and
``(B) any other instrument that the Board
determines, by regulation or order, to be a derivative
financial instrument for purposes of this
subsection.''. | Derivatives Limitations Act of 1994 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prohibit an insured depository institution or credit union (including its affiliates) from engaging in any transaction for its own account which involves derivative financial instruments.
Exempts from this prohibition specified transactions conducted in compliance with certain Federal banking agency regulations.
Directs the Federal banking agencies to promulgate regulations governing such exceptions, including conspicuous public disclosure by affiliates that their assets and the risk of loss associated with derivatives transactions are neither federally insured nor guaranteed by the affiliate's parent company.
Amends the Bank Holding Company Act of 1956 to permit a subsidiary of a bank holding company to engage in derivatives transactions for its account if: (1) it is neither an insured depository institution nor a subsidiary of one; and (2) it is separately capitalized from any affiliated insured depository institution. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment in Quality School
Leadership Act''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to provide ongoing, intensive professional development
to superintendents, principals, and prospective superintendents
and principals, particularly those serving, or intending to
serve, in high-poverty, low-performing school districts and
schools;
(2) to improve the capacity of current and prospective
superintendents and principals to serve as effective leaders
and successfully implement standards-based reforms;
(3) to encourage the recruitment and retention of quality
school leaders at the district and school-level by enabling
them to further develop their skills and knowledge; and
(4) to recognize and support the importance of principals
and superintendents in facilitating student learning and
improving academic achievement.
SEC. 3. GRANTS.
(a) In General.--
(1) Grant awards.--From the amounts appropriated to carry
out this section and not reserved under subsection (g) for any
fiscal year, the Secretary shall award grants to eligible
consortia to establish professional development programs
described in paragraph (2).
(2) Professional development.--A program referred to in
paragraph (1) shall serve a State or region and provide
superintendents, principals, and prospective superintendents
and principals, particularly those serving, or intending to
serve, in high-poverty, low-performing school districts and
schools, with ongoing, intensive professional development
opportunities to improve their capacity to serve as effective
leaders and successfully implement standards-based reforms.
(b) Award Basis.--The Secretary shall award grants on a competitive
basis to eligible applicants to carry out this section.
(c) Eligibility.--
(1) Required participants.--In order to receive a grant
under this section, a consortium shall include not less than--
(A) one local educational agency serving a high
concentration of children living in poverty;
(B) one institution of higher education; and
(C) one organization that does not usually provide
educational services, but has the necessary expertise
to provide professional development to school
administrators.
(2) Other participants.--An eligible consortium may also
include--
(A) one or more additional local educational
agencies;
(B) State educational agencies;
(C) for-profit organizations with the expertise to
provide professional development to school
administrators; and
(D) public or private nonprofit organizations with
the expertise to provide professional development to
school administrators.
(d) Application.--
(1) In general.--In order to receive an award under this
section, an eligible applicant shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(2) Contents.--Each such application shall include--
(A) information demonstrating that the applicant
shall meet the matching requirement of subsection (f);
and
(B) a description of the involvement of
superintendents and principals in developing the
application.
(e) Use of Funds.--
(1) Required uses.--
(A) In general.--A consortium that receives a grant
under this section shall use the grant funds to
establish or expand a leadership development program
described in subparagraph (B).
(B) Activities.--The program referred to in
subparagraph (A) shall provide superintendents,
principals, and prospective superintendents and
principals, particularly individuals serving, or
intending to serve, in high-poverty, low-performing
schools and school districts, with ongoing, intensive
professional development opportunities through
activities that increase the knowledge and skills of
participants in such areas as--
(i) effective instructional practices;
(ii) the content of the State's standards
and supporting implementation of the standards
in the classroom;
(iii) comprehensive whole-school reform
approaches and programs;
(iv) the effective use of educational
technology to improve teaching and learning;
(v) the recruitment, assignment, retention,
and evaluation of school staff;
(vi) the enhancement and development of
management and organizational skills;
(vii) leadership skills;
(viii) the effective use of data for
decisionmaking; and
(ix) the implementation of school-based
leadership teams.
(2) Additional uses.--A consortium that receives a grant
under this section may also use the grant funds to support--
(A) the recruitment and preparation of prospective
principals and superintendents, including candidates
with leadership and managerial experience in fields
other than education; and
(B) alternative pathways to administrative
positions.
(f) Matching Requirement.--
(1) In general.--
(A) In general.--Each recipient of a grant under
this Act shall provide not less than 50 percent of the
annual cost of the project assisted by the grant from
sources other than this Act.
(B) Contributions.--A grantee's share of such costs
may be provided in cash or in kind, fairly evaluated.
(2) Waiver.--The Secretary may waive the matching
requirement of paragraph (1) with respect to applicants that
the Secretary determines serve low-income areas.
(g) Reservation.--The Secretary may reserve not more than 4 percent
of the amount appropriated under subsection (i) for each fiscal year
for technical assistance, evaluation, dissemination of information on
effective programs for preparing and training district and school-level
administrators, carrying out activities to encourage the spread and
adoption of successful leadership development centers, and other
national activities that support the programs under this section.
(h) Report.--
(1) Existing programs.--
(A) Study.--The Secretary shall, in consultation
with representatives of local educational agencies,
State educational agencies, institutions of higher
education, superintendents, principals, education
organizations, community groups, business, and labor,
conduct a study to evaluate and report to Congress
regarding existing professional development programs
that recruit, prepare, and train district and school-
level administrators to serve as effective leaders and
successfully implement standards-based reforms in
diverse educational environments across the Nation.
(B) Report to congress.--The Secretary shall submit
a report to Congress not later than one year after the
date of enactment of this Act regarding the findings of
the study conducted under subparagraph (A).
(2) Program report.--The Secretary shall submit to Congress
a report not later March 1, 2006 regarding the effectiveness of
professional development programs, established pursuant to this
section, to recruit and retain principals and superintendents.
(i) Authorization of Appropriations.--There are authorized to be
appropriated $100,000,000 for each of fiscal years 2001 through 2005 to
carry out this section. | Directs the Secretary of Education to award such competitive grants to consortia to establish programs that serve a State or region and provide superintendents, principals, and prospective superintendents and principals, particularly those serving, or intending to serve, in high-poverty, low-performing school districts and schools, with ongoing, intensive professional development opportunities to improve their capacity to serve as effective leaders and successfully implement standards-based reforms. Requires a consortium, to be eligible to apply for such a grant, to include at least: (1) one local educational agency (LEA) serving a high concentration of children living in poverty; (2) one institution of higher education; and (3) one organization that does not usually provide educational services, but has the necessary expertise to provide professional development to school administrators (expertise). Allows such consortia also to include: (1) one or more additional LEAs; (2) State educational agencies; (3) for-profit organizations with expertise; and (4) public or private nonprofit organizations with expertise.
Sets forth required program activities and additional uses of grant funds. Requires grantees to provide 50 percent of the project's annual costs, in cash or in kind. Authorizes the Secretary to: (1) waive such matching requirement for applicants that serve low-income areas; and (2) reserve certain funds for technical assistance, evaluation, dissemination of information on effective programs, activities to encourage the spread and adoption of successful leadership development centers, and other national activities that support the programs.
Authorizes appropriations. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Affordable Prescriptions
Available for Seniors Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) although prescription drugs represent one of the most
frequently used medical care interventions in treating common
acute and chronic diseases, many Americans, especially the
elderly and other vulnerable populations, are unable to afford
their medication because of excessive and persistent drug price
inflation;
(2) between 1985 and 1991, the prices of the 20 top selling
prescription drugs, which account for almost a third of
prescription sales, rose 79 percent--nearly 4 times the general
rate of inflation;
(3) prescription drug manufacturers continue to make
enormous profits on the backs of the elderly, poor, and other
vulnerable populations that are unable to afford their
medications;
(4) because of the limited availability of private or
public prescription drug coverage for the elderly, prescription
drugs represent the highest out-of-pocket medical care cost for
3 of 4 elderly patients, surpassed only by the cost of long-
term care services;
(5) individuals over the age of 65 fill an average of 15
prescriptions a year to treat chronic health conditions
compared to an annual average of 5 prescriptions for those
under the age of 65;
(6) 90 percent of Americans who are 60 years of age or
older take one or more medications daily;
(7) The United States spends several billion dollars on
biomedical and related health research and in 1994 the United
States spent $33 billion on such research and the
pharmaceutical industry only spent $14 billion on such research
in such year; and
(8) The pharmaceutical industry makes large profits off of
the sale of drugs produced from the benefit of research paid
for by the United States and, aside from royalties, none of
such profits are reimbursed back to the United States
taxpayers.
SEC. 3. PRESCRIPTION DRUG ASSISTANCE PROGRAM.
The Public Health Service Act is amended by adding at the end the
following:
``TITLE XXVIII--PRESCRIPTION DRUG ASSISTANCE PROGRAM
``SEC. 2801. ESTABLISHMENT.
``(a) In General.--The Secretary shall establish a program of
pharmacy assistance (referred to in this title as the `program') for
eligible persons.
``(b) Administration.--Pharmacy assistance shall be provided under
the program to eligible persons in the manner that the Secretary
determines to be the most cost-effective, including indemnification,
vouchers, coupons, or direct provider reimbursement through the claims
payment system under title XIX of the Social Security Act, except that
no system of administration shall make direct cash payments to an
eligible person before the presentation of a receipt or other invoice
for the purchase of any covered benefit. The Secretary may implement
utilization review, clinical management, and other administrative
techniques used in the management of the pharmacy benefits program
under title XIX of the Social Security Act in order to identify and
reduce drug interactions, overutilizations, therapeutic duplications,
or early refills.
``(c) Income Levels.--The Secretary may authorize local councils on
aging, community action agencies, and home care corporations to assist
the Secretary in determining if persons meet the income eligibility
requirements of the program.
``(d) Fee.--The Secretary may require an annual enrollment fee in
an amount not to exceed $15 to be paid to defray the administrative
expenses of the program.
``(e) Other Program Items.--The Secretary shall develop copayment
requirements and may establish deductibles to control program expenses.
Copayment amounts may vary to promote the purchase of generic drugs and
may be based on a sliding income scale, except that copayment shall not
be more than $10 per prescription.
``SEC. 2802. PROFITS FROM RESEARCH.
``(a) In General.--Except as provided in paragraph (2), any
manufacturer of a drug which submits, in connection with an application
for such drug under section 351 of this Act or section 505 of the
Federal Food, Drug, and Cosmetic Act, the results of research--
``(1) carried out by an entity of the National Institutes
of Health, or
``(2) under an agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980,
shall not receive approval of such application until the manufacturer
enters into an agreement with the Secretary under which the
manufacturer will pay to the Secretary 7 percent of the gross amount
received by the manufacturer from sales of such drug. Such agreement
shall specify the manner in which such gross amount shall be
determined.
``(b) Exception.--The Secretary may waive the application of a
subsection (a) to a manufacturer of a drug when the Secretary
determines that it would be in the public interest to exempt such
manufacturer.
``SEC. 2803. DEFINITIONS.
``For purposes of section 2801:
``(1) Covered benefits.--The term `covered benefits' means
prescription drugs, including insulin syringes and insulin
needles, and insulin, eligible for reimbursement under the
program as defined by the Secretary, except that within each
class of maintenance drugs eligible for reimbursement all such
prescription drugs that have been approved safe and effective
by the Federal Food and Drug Administration or are otherwise
legally marketed in the United States shall be covered under
the program. The term does not include experimental drugs or
over-the-counter pharmaceutical products except insulin. The
Secretary may restrict covered benefits to prescription drugs
manufactured by pharmaceutical companies who agree to provide
manufacturer rebates.
``(2) Eligible person.--The term `eligible person' means an
individual who is 65 years or older with no existing pharmacy
benefits or coverage from an insurance policy supplemental to
benefits under title XVIII of the Social Security Act or
pharmacy benefits or coverage from any other third party payor
and one whose annual income does not exceed 175 percent of the
Federal poverty guidelines.
``(3) Pharmacy assistance.--The term `pharmacy assistance'
means an amount not exceeding $500 in any year for each
eligible person to assist in the purchase of covered
benefits.''. | Making Affordable Prescriptions Available for Seniors Act - Amends the Public Health Service Act to establish a program of pharmacy assistance for persons at least 65 years old with no pharmacy benefits from an insurance policy supplemental to title XVIII (Medicare) of the Social Security Act or coverage from any third party payor, and whose income is under a specified level. Allows an annual enrollment fee (of not over $15) and deductibles. Mandates copayments not over $10 per prescription.
Prohibits approval of an application under provisions of the Public Health Service Act relating to biological products or provisions of the Federal Food, Drug, and Cosmetic Act relating to new drugs if the drug manufacturer submits with the application the results of research carried out by the National Institutes of Health, or under an agreement under the Stevenson-Wydler Technology Innovation Act of 1980, until the manufacturer agrees to pay to the Secretary of Health and Human Services seven percent of the gross sales receipts. | billsum_train |
Make a summary of the following text: SECTION 1. FINDINGS.
Congress finds that--
(1) the use of methyl tertiary butyl ether oxygenated fuels
(referred to in this Act as ``M-T-B-E oxygenated fuels'') as
one means of compliance with section 211(m) of the Clean Air
Act (42 U.S.C. 7545(m)), which requires the use of oxygenated
fuels to lower the level of carbon monoxide in nonattainment
areas, has resulted in excessive health-related complaints in
areas of the State of Alaska in which M-T-B-E oxygenated fuels
have been used;
(2) consumer hotlines in Fairbanks, Alaska and Anchorage,
Alaska have received hundreds of unusual medical complaints
(including complaints of abnormal headaches, sore throats,
asthma, light headedness, burning sensation in eyes and lungs,
shortness of breath, skin rashes, numbness, swollen tissue, and
abnormal congestion) in geographic areas in which M-T-B-E
oxygenated fuels are in use;
(3) tests conducted by employees at the environmental
health laboratory at the Centers for Disease Control revealed a
measurable quantity of methyl tertiary butyl ether in the blood
of workers exposed to M-T-B-E oxygenated fuels;
(4) representatives of the Centers for Disease Control
testified before Congress that more studies were needed to
determine the health effects of exposure to the substance;
(5) no studies have been completed to measure the chronic
effects of exposure to M-T-B-E oxygenated fuels in cold
climates on public health, particularly in areas that have
temperatures that regularly reach 50 degrees below zero
Fahrenheit;
(6) because of numerous health complaints and the
conclusions of the State epidemiologist of the Alaska Division
of Public Health, the Governor of Alaska suspended the M-T-B-E
oxygenated fuels program in Fairbanks, Alaska;
(7) after the program was suspended in Fairbanks, the State
epidemiologist concluded that there is a possibility that
similar illnesses are being caused by the M-T-B-E oxygenated
fuels program in Anchorage;
(8) additional scientific studies on the health effects of
M-T-B-E oxygenated fuels need to be completed;
(9) the public should not be exposed to M-T-B-E oxygenated
fuels until studies are completed and the public health risk
has been assessed; and
(10) ethanol blend oxygenated fuels are known to separate
from the gasoline base at ultacold temperatures and may
therefore have drivability and safety implications in Alaska.
SEC. 2. WAIVER OF THE M-T-B-E OXYGENATED FUELS REQUIREMENT
Section 211(m)(3) of the Clean Air Act (42 U.S.C. 7545(m)(3)) is
amended by adding at the end the following new subparagraphs:
``(D) If requested in writing by an affected local
government within a title I nonattainment area for carbon
monoxide in Alaska, the Governor of the State of Alaska may
petition for a waiver and the Administrator may waive, in whole
or in part, the requirements of paragraphs (1) and (2) with
respect to an area within the State of Alaska that is
designated under title I as a nonattainment area for carbon
monoxide, if the Administrator finds that compliance with the
requirements should be waived for one or more of the following
reasons:
``(i) Compliance is not technologically or
economically feasible because the technology needed to
comply is not commercially available or because the use
of M-T-B-E oxygenated fuels would increase the cost of
commercially available fuel supplies by more than 150
percent of the national average cost of using M-T-B-E
oxygenated fuels in nonattainment areas outside of
Alaska;
``(ii) Compliance would be unreasonable due to
unique geographical or meteorological factors;
``(ii) Compliance could or does cause harmful
health effects;
``(iv) The use of M-T-B-E oxygenated fuels
increases aldehyde emissions appreciably.
``(E) The Administrator shall grant or deny a petition for
a waiver submitted under subparagraph (D) not later than 60
days after receiving the petition.
``(F)(i) The Administrator shall conduct a study that
compares the probable health risks and costs of title I carbon
monoxide nonattainment in Alaska with the probable health risks
and costs of increased noncarbon monoxide emissions (such as
aldehyde emissions) associated with the use of M-T-B-E
oxygenated fuels in Alaska.
``(ii) The Administrator shall report the results of the
study of Congress not later than 1 year after the date of
enactment of this paragraph.
``(G) The Administrator may suspend the required use of
oxygenated fuels--
``(i) during the pendency of a petition for a
waiver submitted under paragraph (D); and
``(ii) until the completion of the health risk
study conducted pursuant to subparagraph (F).''. | Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive requirements for the use of oxygenated fuels in a carbon monoxide nonattainment area in Alaska if compliance: (1) is not feasible because technology is not commercially available or the use of such fuels would increase the cost of available fuel supplies by more than 150 percent of the national average cost of using such fuels in nonattainment areas outside of Alaska; (2) would be unreasonable due to unique geographical or meteorological factors; (3) could or does cause harmful health effects; or (4) increases aldehyde emissions appreciably.
Directs the Administrator to conduct a study that compares, and report to the Congress on, the probable health risks and costs of carbon monoxide nonattainment in Alaska with those of increased noncarbon monoxide emissions associated with the use of oxygenated fuels in Alaska.
Authorizes the Administrator to suspend the required use of oxygenated fuels during the pendency of a petition for a waiver and until the completion of the health risk study. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Commission on the
Abolition of Modern-Day Slavery Act''.
SEC. 2. MODERN-DAY SLAVERY.
In this Act, the term ``modern-day slavery'' means the status or
condition of a person over whom any power attaching to the right of
ownership or control is exercised by means of exploitation through
involuntary servitude, forced labor, child labor, debt bondage or
bonded labor, serfdom, peonage, trafficking in persons for forced labor
or for sexual exploitation (including child sex tourism and child
pornography), forced marriage, or other similar means.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Modern-day slavery takes many forms, including chattel
slavery or slavery by descent, and the exploitation occurs in a
myriad of situations, including in the agricultural, commercial
sex, construction, manufacturing, and service industries, as
well as in domestic servitude.
(2) The perpetrators of modern-day slavery violate the
dignity of men, women, and children, using violence that at
times results in death, sexual abuse, rape, torture, dangerous
and degrading working conditions, poor nutrition, drug and
alcohol addiction, and psychological trauma.
(3) According to the Universal Declaration of Human Rights
``No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.''.
(4) The United States and the international community have
acknowledged that modern-day slavery must be abolished in
accordance with the International Covenant on Civil and
Political Rights; the Slavery, Servitude, Forced Labour and
Similar Institutions and Practices Convention of 1926; the
Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery; the
Optional Protocol to the Convention on the Rights of the Child
on the Sale of Children, Child Prostitution and Child
Pornography; the Optional Protocol to the Convention on the
Rights of the Child on the Involvement of Children in Armed
Conflicts; the Convention concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of
Child Labour; the Abolition of Forced Labour Convention; and
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, Supplementing the
United Nations Convention Against Transnational Organized
Crime.
(5) The Declaration of Independence recognizes the inherent
dignity and worth of all people and states that all people are
created equal and are endowed by their Creator with certain
unalienable rights.
(6) The 13th amendment to the Constitution of the United
States recognizes that ``Neither slavery nor involuntary
servitude, except as a punishment for crime whereof the party
shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.''.
(7) The United States has given particular priority to
combating trafficking in persons, a form of modern-day slavery,
through the enactment of the Trafficking Victims Protection Act
of 2000 (division A of Public Law 106-386) and the Trafficking
Victims Protection Reauthorization Acts of 2003 and 2005
(Public Laws 108-193 and 109-164).
(8) The importation into the United States of goods mined,
produced, or manufactured by forced or indentured labor,
including forced or indentured child labor, is prohibited under
the Tariff Act of 1930.
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a congressional Commission
on the Abolition of Modern-Day Slavery (in this Act referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 12
members, of whom--
(A) 3 shall be appointed by the Speaker of the
House of Representatives;
(B) 3 shall be appointed by the majority leader of
the Senate;
(C) 3 shall be appointed by the minority leader of
the House of Representatives; and
(D) 3 shall be appointed by the minority leader of
the Senate.
(2) Qualifications.--Members of the Commission shall be
individuals with demonstrated expertise or experience in
combating modern-day slavery.
(3) Date.--The appointments of the members of the
Commission shall be made not later than 30 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--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.
(d) Co-Chairpersons.--The Speaker of the House of Representatives
shall designate 1 of the members appointed under subsection (b)(1)(A)
as a co-chairperson of the Commission. The majority leader of the
Senate shall designate 1 of the members appointed under subsection
(b)(1)(B) as a co-chairperson of the Commission.
(e) Initial Meeting.--Not later than 60 days after the date of
enactment of this Act, the Commission shall hold its first meeting.
(f) Meetings.--The Commission shall meet at the call of either Co-
chairperson.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may meet or hold
hearings.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall--
(A) conduct a thorough study of modern-day slavery
in all its forms, including the factors contributing to
modern-day slavery, such as certain social structures,
the failure by authorities to enforce laws prohibiting
slavery and prosecuting the perpetrators of slavery,
corruption among officials, and the vulnerability of
certain populations, such as those in areas of conflict
and post conflict, transitioning states, or states
undergoing sudden political upheaval, economic
collapse, civil unrest, internal armed conflict,
chronic unemployment, widespread poverty, or manmade or
natural disasters;
(B) review programs of relevant governmental
agencies with respect to modern-day-slavery, including
the Office of the United States Trade Representative,
the Department of Commerce, the Department of Defense,
the Department of Health and Human Services, the
Department of Homeland Security, the Department of
Labor, the Department of the Treasury, the United
States Agency for International Development, the
Department of State, the President's Interagency Task
Force to Monitor and Combat Trafficking in Persons, and
the Human Smuggling and Trafficking Center;
(C) examine efforts undertaken by foreign countries
and multilateral organizations to prevent or combat
modern-day slavery in all its forms, prosecute the
perpetrators or protect its victims, and identify those
countries with the most significant number of victims
of modern-day slavery; and
(D) convene additional experts from relevant
nongovernmental organizations as part of the
Commission's review.
(2) Goals.--Based on its findings under paragraph (1), the
Commission shall--
(A) advise the Congress on how the United States
could lend support to the efforts to eradicate modern-
day slavery in all its forms;
(B) provide a comprehensive evaluation of best
practices to prevent modern-day slavery in all its
forms;
(C) provide a comprehensive evaluation of the best
practices to rescue and rehabilitate victims of modern-
day slavery in all its forms;
(D) provide a comprehensive evaluation of the best
practices to ensure the prosecution of acts of modern-
day slavery and increase accountability within
countries that tolerate modern-day slavery;
(E) provide a comprehensive evaluation of the
effectiveness of United States laws prohibiting the
importation of goods manufactured or produced in whole
or in part through forced labor or child labor, as well
as policies and relations with regard to countries that
tolerate modern-day slavery;
(F) provide a comprehensive evaluation of
comparative models and strategies to prevent modern-day
slavery, rescue and rehabilitate victims of modern-day
slavery, prosecute offenders, and increase education
about modern-day slavery in all its forms;
(G) examine the economic impact on communities and
countries that demonstrate measured success in fighting
modern-day slavery in all its forms; and
(H) increase throughout the United States and among
high-risk populations education and awareness about
modern-day slavery in all its forms.
(b) Recommendations.--The Commission shall develop recommendations
for legislative and administrative actions necessary for the most
effective ways to combat and eliminate modern-day slavery in all its
forms, develop international cooperation to combat modern-day slavery
and determine the nature of what constitutes appropriate relations with
countries that tolerate modern-day slavery in any form.
(c) Report.--Not later than 11 months after the date of enactment
of this Act, the Commission shall submit to the Speaker and Minority
Leader of the House of Representatives and the Majority Leader and
Minority Leader of the Senate, a report containing the results of the
study and other activities conducted under subsection (a) and the
recommendations developed under subsection (b).
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers necessary to carry out this Act.
(b) Information From Governmental Agencies.--The Commission may
secure directly from any department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
either co-chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5313 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The co-chairpersons of the Commission,
acting jointly, may, without regard to the civil service laws
and regulations, appoint and terminate an executive director
and such other additional personnel as may be necessary to
enable the Commission to perform its duties. The employment of
an executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The co-chairpersons of the Commission,
acting jointly, may fix the compensation of the executive
director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United Sates Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Federal Government employees
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The co-
chairpersons of the Commission, acting jointly, may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
SEC. 8. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 5(c).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission for fiscal year 2007 such sums as may be necessary to carry
out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | Congressional Commission on the Abolition of Modern-Day Slavery Act - Defines "modern-day slavery."
Establishes a congressional Commission on the Abolition of Modern-Day Slavery which shall: (1) study matters relating to modern-day slavery; (2) review programs of relevant governmental agencies; (3) examine efforts by foreign countries and multilateral organizations to combat modern-day slavery; and (4) convene additional experts from nongovernmental organizations as part of the Commission's review.
States that the Commission shall: (1) advise Congress on how the United States could support efforts to eradicate modern-day slavery; (2) provide a comprehensive evaluation of best practices to prevent modern-day slavery, to rescue and rehabilitate its victims, and to prosecute traffickers and increase accountability within countries; (3) examine the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; (4) provide a comprehensive evaluation of the effectiveness of U.S. laws prohibiting the importation of goods produced through forced labor or child labor, as well as policies with regard to countries that tolerate modern-day slavery; and (5) increase education and awareness about modern-day slavery. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on State
Workers' Compensation Laws Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The full protection of American workers from job-
related injury or death requires an adequate, prompt, and
equitable system of workers' compensation as well as an
effective program of occupational health and safety regulation.
(2) The vast majority of American workers and their
families are dependent on workers' compensation for their basic
economic security in the event such workers suffer injury or
death in the course of employment.
(3) In 1972, the National Commission on State Workmen's
Compensation Laws found that the system of State workers'
compensation laws was ``inequitable and inadequate''. Since
that time, changes in reductions in State workers' compensation
laws have increased the inadequacy and inequitable levels of
workers' compensation benefits. Serious questions exist
concerning the fairness and adequacy of present workers'
compensation laws in light of the growth of the economy,
changing nature of the labor force, misclassification of
workers as independent contractors, and as leased employees, as
well as erosion of remedies for the bad faith handling and
delay in payment of benefits and medical care to workers and
their families, increases in medical knowledge, changes in the
hazards associated with various employment, new risks to health
and safety created by new technology, and increases in the
general level of wages and in the cost of living.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on State Workers' Compensation Laws'' (hereinafter in this
Act referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
(a) In General.--The duties of the Commission shall be--
(1) to review the findings of the previous National
Commission on State Workmen's Compensation Laws and its
recommendations;
(2) to study and evaluate State workers' compensation laws
in order to determine if such laws provide an adequate, prompt,
and equitable system of compensation for injury or death
arising out of or in the course of employment; and
(3) to study and evaluate whether additional remedies
should be available to ensure prompt and good faith payment of
benefits and medical care to injured workers and their
families.
(b) Matters To Be Evaluated and Studied.--The study and evaluation
under subsection (a)(2) shall include--
(1) the amount of permanent and temporary disability
benefits and the criteria for determining the maximum
limitations of such benefits or the elimination of such maximum
limitations;
(2) a study and evaluation of State workers' compensation
laws in order to determine if, and ensure that, such laws
provide an adequate, prompt, and equitable system of
compensation and medical care for injuries or death arising out
of in the course of employment;
(3) a study of whether other adequate remedies are
available to ensure the prompt payment of benefits and to
reduce or eliminate bad faith delays in payments of benefits,
providing medical care, and discouraging misclassification of
workers as independent contractors and or leased employees to
avoid paying workers' compensation benefits;
(4) the amount and duration of medical benefits and
provisions ensuring adequate medical care and free choice of
physician;
(5) rehabilitation;
(6) standards for determining assurance of benefits caused
by aggravation or acceleration of preexisting injuries or
disease;
(7) time limits on filing claims;
(8) waiting periods;
(9) compulsory or elective coverage;
(10) administration;
(11) ensuring prompt hearings and due process evidentiary
rights in the resolution of claims;
(12) the relationship between workers' compensation on the
one hand, and old-age, disability, and survivors insurance and
other types of insurance (public or private) on the other hand;
and
(13) methods of implementing the recommendations of the
Commission.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 14
members, as follows:
(1) 1 member, appointed by the President, who shall serve
as chairman of the Commission.
(2) 1 member, appointed by the majority leader of the
Senate in consultation with the majority leader of the House of
Representatives, who shall serve as vice chairman of the
Commission.
(3) 2 members appointed by the majority leader of the House
of Representatives.
(4) 2 members appointed by the minority leader of the House
of Representatives.
(5) 2 members appointed by the majority leader of the
Senate.
(6) 2 members appointed by the minority leader of the
Senate.
(7) The Secretary of Labor, the Secretary of Commerce, the
Secretary of Health and Human Services, and the Secretary of
Education shall be ex officio members of the Commission.
(b) Affiliations.--
(1) Not more than 6 appointed members of the Commission
shall be from the same political party.
(2) There shall be at all times at least 3 members that
represent injured workers, 3 members that represent insurance
carriers or employers, and 1 member of the general public.
(c) Qualifications.--It is the sense of Congress that individuals
appointed to the Commission should be United States citizens--
(1) with significant depth of experience--
(A) as members of State workers' compensation
boards;
(B) as representatives of insurance carriers,
employers, and injured workers; and
(C) in the general fields of business and labor;
(2) who are members of the medical profession with
experience in industrial medicine or in workers' compensation
cases; and
(3) who are educators having special expertise in the field
of workers' compensation.
(d) Vacancies.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that term. A
member may serve after the expiration of that member's term until a
successor has taken office. A vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in which the
original appointment was made.
(e) Quorum.--Eight members of the Commission shall constitute a
quorum.
(f) Meetings.--
(1) The Commission shall hold its initial meeting as soon
as practicable.
(2) After its initial meeting, the Commission shall meet
upon the call of the chairman or a majority of its members.
(g) Travel Expenses.--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 the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
(h) Compensation.--
(1) Basic pay.--Each member of the Commission may be
compensated at a level not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
SEC. 6. STAFF OF COMMISSION.
(a) Director.--The Chairman of the Commission, in consultation with
the vice chairman and in accordance with the rules agreed upon by the
Commission, may appoint a Director. The Director shall be paid at a
rate not to exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) Staff.--The Chairman, in consultation with the vice chairman
and in accordance with rules agreed upon by the Commission, may appoint
and fix the compensation of additional personnel as may be necessary to
enable the Commission to carry out its functions, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service and without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and general schedules pay rates, except that no rate of
pay fixed under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Experts and Consultants.--The Commission is authorized to
procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid to a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Personnel as Federal Employees.--The executive director and any
personnel of the Commission who are employees of the Commission shall
be treated as employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of
that title. The preceding sentence shall not apply to members of the
Commission.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission, or on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act--
(1) hold hearings, take testimony, receive evidence,
administer oaths; and
(2) subject to subsection (b)(1), require, by subpoena or
otherwise, the attendance and testimony of witnesses and the
production of books, records, correspondence, memoranda, papers
and documents.
(b) Subpoena Power.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under
this subsection only--
(i) by the agreement of the chairman and
the vice chairman of the Commission; or
(ii) by the affirmative vote of 6 members
of the Commission.
(B) Signature.--Subject to clause (i) of paragraph
(1)(A), subpoenas issued under this subsection may be
issued under the signature of the chairman or any
member designated by a majority of the Commission, and
may be served by any person designated by the chairman
or by a member designated by a majority of the
Commission.
(2) Failure to obey a subpoena.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or wherever the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished as contempt of that
court.
(B) Additional enforcement.--In the case of a
failure of any witness to comply with a subpoena or to
testify when summoned under authority of this
subsection, the Committee may, by a majority vote,
certify a statement of fact constituting such failure
to the appropriate United States attorney, who may
bring the matter before the grand jury for action,
under the same authority and procedures as if the
United States attorney had received a certification
under section 192 through 194 of title 2 of the Revised
Statutes of the United States Code.
(3) Contracting.--The Commission may, to such extent and in
such amounts as are made available in appropriation Acts, enter
into contracts to enable the Commission to discharge its duties
under this Act.
(4) Information from federal agencies.--The Commission is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statics for the
purposes of this Act. Each such department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, furnish
such information, suggestions, estimates, and statistics
directly to the Commission, upon request of the chairman of the
Commission, the chairman of any subcommittee created by a
majority of the Commission, or any member designated by a
majority of the Commission.
SEC. 8. REPORTS.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for enhancements and improvements in benefit levels,
medical care, and administration of State workers' compensation
systems, for improvements in insurance practices, and for improvements
in dues process and evidentiary hearings and reduction of bad faith and
handling of delays, as have been agreed to by a majority of Commission
members.
(b) Final Reports.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for enhancements and improvements in benefit levels,
medical care, and administration of State workers' compensation
systems, for improvements in insurance practices, and for improvements
in due process and evidentiary hearings and reduction of bad faith
handling and delays, as have been agreed to by a majority of Commission
members.
SEC. 9. TERMINATION.
The Commission, and all the authorities of this Act, shall
terminate 19 days after the date on which the final report is submitted
under section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATION.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | National Commission on State Workers' Compensation Laws Act of 2008 - Establishes the National Commission on State Workers' Compensation Laws.
Requires the Commission to: (1) review the findings and recommendations of the previous National Commission on State Workmen's Compensation Laws; and (2) study and evaluate state workers' compensation laws to determine their adequacy and whether additional remedies should be available to ensure the payment of benefits and medical care. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology for Excellence in
Education Act''.
SEC. 2. DEFINITIONS.
(a) In General.--The terms used in this Act, unless otherwise
specified, shall have the same meaning given to such terms by section
1471 of the Elementary and Secondary Education Act of 1965.
(b) Additional Definitions.--For the purposes of this Act--
(1) the term ``Director'' means the Director of Educational
Technology as established in title I of this Act; and
(2) the term ``educational technology'' includes closed
circuit television systems, public telecommunications entities,
cable television, satellite, copper and fiber optic
transmission, computer hardware and software, video and audio
laser, and CD ROM disc, video and audio tapes, and other
technologies related to educational services.
TITLE I--NATIONAL LEADERSHIP FOR EDUCATIONAL TECHNOLOGY
SEC. 101. PURPOSES.
The purposes of this title are--
(1) to establish a national agenda for the use of
technology in education to assist all students in attaining
world-class academic standards as a means to increasing
academic achievement and learning and reaching the National
Education Goals;
(2) to assure that all children in the United States start
school ready to learn;
(3) to increase the high school graduation rate to at least
90 percent;
(4) to provide all students the opportunity to demonstrate
competency in challenging subject matter in core areas and
ensure that all students learn to use their minds well;
(5) to increase the mathematics and science achievement of
all students;
(6) to provide the opportunity for all adult Americans to
achieve literacy;
(7) to ensure that every school in the United States is
free of drugs and violence and will offer a disciplined
environment conducive to learning;
(8) to coordinate Federal programs--whose support already
accounts for 50 percent of all funds used by schools to
purchase software, integrated learning systems, and hardware--
that provide for the development, purchase, or use of
technology in education, including programs administered by the
Department of Education and those administered by other Federal
Departments;
(9) to develop national standards and guidelines for State
and local educational agencies to guide future projects and
coordinate existing projects to ensure the compatibility of
education-related computer and telecommunications networks on a
national level; and
(10) to permit funds distributed to the States and
localities under existing Federal programs to be used for
education-related technology purposes.
SEC. 102. DIRECTOR OF EDUCATIONAL TECHNOLOGY.
The Secretary shall appoint a Director of Educational Technology
within the Department of Education. The Director shall be compensated
at an annual rate of not less than a level GS-15 employee under section
5332 of title 5, United States Code.
SEC. 103. DUTIES OF DIRECTOR.
(a) Duties.--The duties of the Director of Educational Technology
are--
(1) to provide national leadership regarding the use of
technology in education at all levels in achieving the National
Education Goals, including--
(A) submission of an annual report to Congress
regarding education-related technology use and
recommendations for the continuation of current and the
development of future uses of technology to achieve the
National Education Goals;
(B) promotion of the use of technology to achieve
the National Education Goals in programs that receive
Federal assistance, particularly programs under
chapters 1 and 2 of title I and title II of the
Elementary and Secondary Education Act of 1965;
(C) the development of support programs designed to
increase the access of all children, particularly
disadvantaged children from rural and urban poverty
areas, to high-level learning through the use of
quality technologies; and
(D) the support of research, development,
evaluation, and dissemination of educational
technologies;
(2) to provide a mechanism for coordinating existing
Federal programs across agencies to encourage joint funding,
planning, and implementation of projects;
(3) to provide a mechanism for the development of standards
and guidelines for State and local educational agencies in
conjunction with industry to ensure the compatibility of
educational computer and telecommunications networks on a
national level; and
(4) to provide support and training programs to educators
in the use of technology to help obtain the National Education
Goals.
TITLE II--STATE PLANNING GRANTS
SEC. 201. PURPOSES.
The purposes of this title are--
(1) to ensure that State educational agencies have a clear,
long-term strategic plan for incorporating the use of
technology in education; and
(2) to allow States which have developed a State technology
plan to allocate planning funds to local educational agencies
to implement strategies developed in such plan.
SEC. 202. STATE PLANNING GRANTS.
The Secretary of Education is authorized to provide a one-time
competitive grant to State educational agencies 50 percent of which
shall be allocated in accordance with the relative amount the State
received under chapter 1 of title 1 of the Elementary and Secondary
Education Act of 1965 for the preceding fiscal year and 50 percent of
which shall be allocated in accordance with the relative amount the
State received under part A of chapter 2 of title I of the Elementary
and Secondary Education Act of 1965 for the preceding fiscal year.
SEC. 203. AUTHORIZED ACTIVITIES.
(a) State Plans.--A State educational agency which receives a grant
under this title shall not later than 1 year after receipt of funds
under this title undertake public hearings and complete a comprehensive
State plan which includes--
(1) overall strategic goals for the use of technology in
education at all levels within the State;
(2) a 5-year standards and assessment process to measure
progress toward the goals in paragraph (1);
(3) a follow-up 10-year standards and assessment process to
measure progress toward the goals in paragraph (1);
(4) guidelines for local educational agencies for the
incorporation of educational technology into institutions of
education at all levels;
(5) a plan for the dissemination and sharing of information
to local educational agencies about innovative and cost-
effective uses of educational technology;
(6) a plan for training educational personnel in the use of
technology in the classroom;
(7) a coordination plan providing mechanisms for the use of
educational technology to assist existing and future education
reform efforts at both the State and local levels; and
(8) a plan to leverage public and private support for the
funding and provision of educational technology in a cost-
effective manner to institutions of education at all levels.
(b) Demonstration Subgrants.--States that have completed the State
technology plan under subsection (a) may allocate funds received under
this section as competitive subgrants to local educational agencies to
implement strategies in such plan following the procedures in title III
of this Act.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for fiscal year
1994 and such sums for fiscal years 1995-1999 to carry out the purposes
of this title.
TITLE III--LOCAL CHALLENGE GRANTS
SEC. 301. PURPOSE.
The purposes of this title are--
(1) to challenge local communities to incorporate quality,
innovative educational technology in their education systems at
all levels; and
(2) to provide practical models of educational technology
as provided for in the goals and guidelines under the State
plans required in title II of this Act.
SEC. 302. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--(1) The Secretary is authorized to provide grants
to State educational agencies for the use by local educational agencies
of 3-year competitive demonstration grants to implement State
technology plans.
(2) Such grants may be awarded only to States which have completed
the State technology plan required by title II of this Act. The
Secretary may waive this requirement if a State has a plan in place
which meets the criteria established in title II of this Act.
(3) The State shall give priority consideration to demonstration
programs that provide access to quality educational technology to
disadvantaged urban and rural areas.
(4) The State shall give priority consideration to demonstration
programs that may be replicated in other areas throughout the Nation.
(b) Dissemination of Model Programs.--The Secretary shall reserve
not more than 5 percent of the funds authorized under this title to
allow the Director of Educational Technology to disseminate effective
models of the use of high-quality educational technology on a national
basis.
(c) Matching Requirement.--(1) The Federal share under this title
may not exceed--
(A) 100 percent of the total cost of a program for the
first year for which a State receives funds under this title;
(B) 85 percent of the total cost of a program for the
second year for which a State receives funds under this title;
(C) 60 percent of the total cost of a program for the third
year for which a State receives funds under this title;
(D) 45 percent of the total cost of a program for the
fourth year for which a State receives funds under this title;
and
(E) 33 percent of the total cost of a program for the fifth
and any succeeding year for which a State receives funds under
this title.
(2) The remaining cost may be provided in cash or in kind, fairly
evaluated, and may be obtained from any source other than funds made
available for programs under this title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for fiscal year
1994 and such sums as may be necessary to carry out the projects under
this title for each of the fiscal years 1995 through 1999.
TITLE IV--MISCELLANEOUS PROGRAMS
SEC. 401. PURPOSE.
The purpose of this title is to make the acquisition, use, and
training of educational technology a permissible activity for existing
Federal education programs.
SEC. 402. ELEMENTARY AND SECONDARY EDUCATION.
The Elementary and Secondary Education Act of 1965 is amended--
(1) in section 1011(a)(2)--
(A) by inserting ``, including computers, distance
learning equipment, software, and other applications of
educational technology related to the instructional
program'' after ``instructional materials''; and
(B) by inserting ``, including training in the use
of educational technologies related to the
instructional program'' before ``and, as appropriate''.
(2) in section 1054(b), by inserting ``, including the use
of educational technology'' after ``instructional programs'';
(3) in section 1202(a)(1), by inserting ``which includes
educational technology,'' after ``equipment'';
(4) in section 1242(a), by inserting ``which includes
educational technology,'' after ``equipment'';
(5) in section 1531(b)--
(A) in paragraph (2), by striking ``computer
software and hardware for instructional use'' and
inserting ``educational technology related to the
improvement of instruction and learning,''
(B) in paragraph (4), by inserting ``, including
training in the use of educational technology'' after
``training'';
(6) in section 2006(b) by striking subparagraph (C) and
inserting the following:
``(C) the purchase of, and training in the use of,
educational technology related to the instruction of
mathematics and science;''; and
(7) in section 2015(e)--
(A) in the heading, by striking ``Computers''; and
(B) in paragraphs (1), (2), and (3), by striking
``computers'' each place it appears and inserting
``educational technology''.
SEC. 403. INDIAN EDUCATION.
The Indian Education Act of 1988 is amended in section
5321(c)(1)(A)(iii) by inserting ``, including educational technology''
after ``equipment''.
SEC. 404. AMENDMENTS RELATING TO HEAD START PROGRAMS.
(a) Amendments to the Head Start Act.--The Head Start Act (42
U.S.C. 9831-9852) is amended--
(1) in section 637 by adding at the end the following:
``(12) The term `educational technology' has the meaning
given such term in section 2(b) of the Excellence in Education
Act.'',
(2) in section 640(a)(2)(C) by inserting ``(including
training in the use of educational technology related to
educational services)'' after ``training'',
(3) in section 641(d)(2) by inserting ``(including
educational services that use educational technology)'' after
``services'', and
(4) in section 648(d) by inserting ``and educational
technology'' after ``electronic media''.
(b) Amendment to the Head Start Transition Project Act.--Section
136(a)(3) of the Head Start Transition Project Act (42 U.S.C.
9855d(a)(3)) is amended by inserting ``and the use of educational
technology related to educational services'' before the semicolon at
the end.
SEC. 405. VOCATIONAL EDUCATION.
Section 235(c)(2) of the Carl D. Perkins Vocational and Applied
Technology Act is amended--
(1) in subparagraph (B), by inserting ``and educational
technology training'' after ``instructional aids''; and
(2) in subparagraph (C), by inserting ``, including
educational technology training'', after ``inservice
training''.
SEC. 406. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) State Plans.--Section 613(a)(3)(B)(iii) of the Individuals with
Disabilities Education Act (20 U.S.C. 1413(a)(3)(B)(iii)) is amended by
striking ``technology.'' and inserting the following: ``technology,
including training in the use of educational technology related to the
instructional program;''.
(b) Grants for Personnel Training.--Section 631(c) of the
Individuals with Disabilities Education Act (20 U.S.C. 1431(c)) is
amended by striking ``assistive and instructional technology'' and
inserting the following: ``assistive, instructional and other
educational technology,''.
(c) Financial Assistance.--Section 661(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1461(a)) is amended in each of
paragraphs (1), (2), (3), and (4) by striking ``assistive technology,''
each place such term appears and inserting ``assistive technology,
educational technology,''. | TABLE OF CONTENTS:
Title I: National Leadership for Educational Technology
Title II: State Planning Grants
Title III: Local Challenge Grants
Title IV: Miscellaneous Programs
Technology for Excellence in Education Act -
Title I: National Leadership for Educational Technology
- Directs the Secretary of Education to appoint a Director of Educational Technology within the Department of Education, with specified duties.
Title II: State Planning Grants
- Authorizes the Secretary to make one-time competitive grants to State educational agencies (SEAs), according to a specified allotment formula, for: (1) a comprehensive, long-term State educational technology plan; and (2) competitive subgrants to local educational agencies (LEAs) to implement such plan strategies.
Authorizes appropriations.
Title III: Local Challenge Grants
- Authorizes the Secretary to make grants to SEAs for use by LEAs of three-year competitive demonstration grants to implement State technology plans. Gives priority to demonstration programs that: (1) provide access to quality educational technology to disadvantaged urban and rural areas; and (2) may be replicated in other areas nationwide.
Reserves certain funds for the Director to disseminate effective models of the use of high-quality educational technology on a national basis.
Sets certain matching funds requirements.
Authorizes appropriations.
Title IV: Miscellaneous Programs
- Makes acquisition and use of, and training for, educational technology authorized activities for existing Federal education programs, through various amendments to the Elementary and Secondary Education Act of 1965, Indian Education Act of 1988, Head Start Act, Head Start Transition Project Act, Carl D. Perkins Vocational and Applied Technology Act, and Individuals with Disabilities Education Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. EXPANSION OF STATE OPTION TO EXCLUDE SERVICE OF ELECTION
OFFICIALS OR ELECTION WORKERS FROM COVERAGE.
(a) Limitation on Mandatory Coverage of State Election Officials
and Election Workers Without State Retirement System.--
(1) Amendment to social security act.--Section
210(a)(7)(F)(iv) of the Social Security Act (42 U.S.C.
410(a)(7)(F)(iv)) (as amended by section 11332(a) of the
Omnibus Budget Reconciliation Act of 1990) is amended by
striking ``$100'' and inserting ``$500 with respect to service
performed during 1994, and the exempt remuneration amount
determined under section 218(c)(8)(B) with respect to service
performed thereafter''.
(2) Amendment to fica.--Section 3121(b)(7) of the Internal
Revenue Code of 1986 (as amended by section 11332(b) of the
Omnibus Budget Reconciliation Act of 1990) is amended by
striking ``$100'' and inserting ``$500 with respect to service
performed during 1993, and the exempt remuneration amount
determined under section 218(c)(8)(B) of the Social Security
Act with respect to service performed thereafter''.
(b) Conforming Amendments Relating to Medicare Qualified Government
Employment.--
(1) Amendment to social security act.--Section 210(p)(2)(E)
of the Social Security Act (42 U.S.C. 410(p)(2)(E)) is amended
by striking ``$100'' and inserting ``$500 with respect to
service performed during 1993, and the exempt remuneration
amount determined under section 218(c)(8)(B) with respect to
service performed thereafter''.
(2) Amendment to fica.--Section 3121(u)(2)(B)(ii)(V) of the
Internal Revenue Code of 1986 is amended by striking ``$100''
and inserting ``$500 with respect to service performed during
1993, and the exempt remuneration amount determined under
section 218(c)(8)(B) of the Social Security Act with respect to
service performed thereafter''.
(c) Authority for States To Modify Coverage Agreements With Respect
to Election Officials and Election Workers.--Section 218(c)(8) of the
Social Security Act (42 U.S.C. 418(c)(8)) is amended--
(1) by striking ``on or after January 1, 1968,'' and
inserting ``at any time'';
(2) by striking ``$100'' and inserting ``$500 with respect
to service performed during 1993, and the exempt remuneration
amount determined under subparagraph (B) with respect to
service performed thereafter''; and
(3) by striking the last sentence and inserting the
following new sentence: ``Any modification of an agreement
pursuant to this paragraph shall be effective with respect to
services performed in and after the calendar year in which the
modification is mailed or delivered by other means to the
Secretary.''.
(d) Indexation of Exempt Remuneration Amount.--
(1) In general.--Section 218(c)(8) of the Social Security
Act (as amended by subsection (c)) is further amended--
(A) by inserting ``(A)'' after ``(8)''; and
(B) by adding at the end the following new
subparagraphs:
``(B) The Secretary shall, on or before November 1 of 1993 and of
every year thereafter, determine and publish in the Federal Register
the exempt remuneration amount which shall be effective with respect to
service performed during the following calendar year.
``(C) The exempt remuneration amount determined under subparagraph
(B) shall be the larger of--
``(i) the dollar amount in effect under subparagraph (A)
with respect to service performed during the calendar year in
which the determination under subparagraph (B) is made, or
``(ii) the product of--
``(I) $500, and
``(II) the indexing ratio described in subparagraph
(D).
``(D) For purposes of subparagraph (C)(ii)(II), the indexing ratio
is the ratio of--
``(i) the deemed average total wages (as defined in section
209(k)(1)) for the calendar year before the calendar year in
which the determination under subparagraph (B) is made, to
``(ii) the average of the total wages (as defined in
regulations of the Secretary and computed without regard to the
limitations specified in section 209(a)(1)) reported to the
Secretary of the Treasury or his delegate for 1991 (as
published in the Federal Register in accordance with section
215(a)(1)(D)),
with such product, if not a multiple of $100, being rounded to the next
higher multiple of $100 where such product is a multiple of $50 but not
of $100 and to the nearest multiple of $100 in any other case.''.
(2) Conforming amendment.--Section 209(k)(1) of such Act
(42 U.S.C. 409(k)(1)) is amended by inserting
``218(c)(8)(D)(i),'' after ``215(b)(3)(A)(ii),''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to service performed on or after
January 1, 1993. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to raise the social security payroll tax exemption for State and local election officials and workers and index the exempt amount beginning in 1993. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Plain Regulations Act of
2012''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness and
accountability of Federal agencies to the public by promoting clear
regulations that are easier for the Government to implement and for the
public to comply with.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency,
as that term is defined in section 105 of title 5, United
States Code.
(2) Regulation.--The term ``regulation'' means a rule, as
that term is defined in section 551(4) of title 5, United
States Code, that is issued by an agency.
(3) Plain language.--The term ``plain language'' means
language that is clear, concise, well-organized, and follows
other best practices appropriate to the subject or field and
intended audience.
SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Preparation for Implementation of Plain Writing Requirements
for Regulations.--
(1) In general.--Not later than 9 months after the date of
the enactment of this Act, the head of each agency shall--
(A) designate one or more senior officials within
the agency to oversee the agency implementation of this
Act;
(B) communicate the requirements of this Act to the
employees of the agency;
(C) train employees of the agency to use plain
language in developing and implementing regulations;
(D) establish a process for overseeing the ongoing
compliance of the agency with the requirements of this
Act; and
(E) designate one or more agency points-of-contact
to receive and respond to public input on--
(i) agency implementation of this Act; and
(ii) the agency reports required under
section 6.
(2) Persons designated.--Persons designated under paragraph
(1)(A) or (1)(E) may be the same persons designated to carry
out similar functions under the Plain Writing Act of 2010
(Public Law 111-272; 5 U.S.C. 301 note).
(b) Requirement To Use Plain Language in New and Revised
Regulations.--Not later than 12 months after the date of the enactment
of this Act, each agency shall use plain language in accordance with
the guidance issued by the Director of the Office of Management and
Budget under the Plain Writing Act of 2010 (Public Law 111-274; 5
U.S.C. 301 note) in all new and substantially revised proposed and
final regulations issued by the agency.
(c) Certification of Compliance.--For each proposed or final rule
issued by an agency, the head of the agency shall certify to the
Director that the agency head has read the proposed or final rule and
that the rulemaking documents are in plain language.
(d) Exemption From Certain Information Collection Provisions.--
Agency actions to collect information from the public about a
regulation are exempt from the information collection provisions of
sections 3506(c) and 3507 of title 44, United States Code, if the
agency head certifies that the sole reason for the information
collection is to improve the clarity of the regulation under the
requirements of this Act.
SEC. 5. RESPONSIBILITIES OF OFFICE OF MANAGEMENT AND BUDGET.
(a) Guidance.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget should develop and issue guidance on implementing the
requirements of this Act. The Director may designate a lead agency, and
may use interagency working groups to assist in developing and issuing
the guidance.
(b) Return of Regulations.--If the Director finds that, with
respect to any regulation proposed to be issued by an agency, the
agency did not follow the guidance issued by the Director under the
Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note), the
Director shall return the regulation to the agency to be redrafted in
plain language and resubmitted to the Director for approval.
(c) Publication of Certifications.--The Director shall publish the
certifications from agency heads required under section 4(c) on the
official Web site of the Office of Management and Budget.
SEC. 6. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 9 months after the date of the
enactment of this Act, the head of each agency shall publish on the
plain writing section of the agency's Web site created under the Plain
Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) a report
that describes the agency plan for compliance with the requirements of
this Act.
(b) Annual Compliance Report.--Not later than 18 months after the
date of the enactment of this Act, and annually thereafter, the head of
each agency shall publish on such plain writing section of the agency's
Web site a report on agency compliance with the requirements of this
Act.
SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY.
(a) Judicial Review.--There may be no judicial review of compliance
or noncompliance with any provision of this Act.
(b) Enforceability.--No provision of this Act may be construed to
create any right or benefit, substantive or procedural, enforceable by
any administrative or judicial action. | Plain Regulations Act of 2012 - Requires the head of each executive agency to: (1) implement a program for using plain language in writing new and revised regulations, and (2) certify to the Director of the Office of Management and Budget (OMB) that each proposed or final rule is in plain language.
Requires the Director to: (1) develop and issue guidance to agencies for implementing plain language requirements, (2) publish reports on agency compliance with such requirements on the OMB's website, and (3) return proposed agency regulations that fail to meet such requirements to be redrafted and resubmitted for approval. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Today's Entrepreneurs are America's
Mentors Act'' or the ``TEAM Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 3. OFFICE OF ENTREPRENEURIAL EDUCATION.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 45 (15 U.S.C. 631 note) as
section 47; and
(2) by inserting after section 44 (15 U.S.C. 657q) the
following:
``SEC. 45. ENTREPRENEURIAL EDUCATION.
``(a) Office of Entrepreneurial Education.--
``(1) In general.--There is in the Administration an Office
of Entrepreneurial Education, which shall develop and provide
innovative entrepreneurial information, education, and
resources, to promote prospective entrepreneurs and successful
small business concerns.
``(2) Director.--The head of the Office of Entrepreneurial
Education is the Director of the Office of Entrepreneurial
Education, who shall report to the Associate Administrator for
Entrepreneurial Development.
``(3) Duties.--The Director of the Office of
Entrepreneurial Education shall--
``(A) manage the online courses, online
publications, and other online resources provided by
the Administration to entrepreneurs and small business
concerns;
``(B) manage the youth entrepreneurship programs of
the Administration, including--
``(i) online resources for youth
entrepreneurs; and
``(ii) coordination and outreach with
entrepreneurial development service providers
that provide counseling and training to youth
entrepreneurs desiring to start or expand small
business concerns;
``(C) coordinate with nonprofit and other private
sector partners to share educational materials on money
management and financial literacy for entrepreneurs and
small business concerns; and
``(D) provide assistance and courtesy services to
individuals and foreign dignitaries visiting the United
States who are interested in issues relating to
entrepreneurs and small business concerns.
``(b) National Primary and Secondary School Entrepreneurial
Education Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Today's Entrepreneurs are America's Mentors
Act, the Associate Administrator for Entrepreneurial
Development (referred to in this subsection as the `Associate
Administrator') shall establish a program under which the
Associate Administrator may make grants to nonprofit
organizations, including small business development centers,
women's business centers, chapters of the Service Corps of
Retired Executives, and other resource partners of the
Administration, to provide technical assistance to primary and
secondary schools for the development and implementation of
curricula and mentoring programs designed to promote
entrepreneurship.
``(2) Application.--A nonprofit organization desiring a
grant under this subsection shall submit to the Associate
Administrator an application that contains--
``(A) a description of the goals of the project to
be funded using the grant;
``(B) a list of any partners that plan to
participate in the project to be funded using the
grant; and
``(C) any other information that the Associate
Administrator determines is necessary.
``(3) Report.--Not later than 1 year after the date on
which a nonprofit organization receives a grant under this
subsection, the nonprofit organization shall submit to the
Associate Administrator a report that describes--
``(A) the individuals assisted using the grant;
``(B) the number of jobs created or saved through
the use of the grant; and
``(C) any other information concerning the use of
the grant that the Associate Administrator may require.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$3,000,000 for each of fiscal years 2013, 2014, and 2015.''.
(b) Report on Best Practices of Entrepreneurial Education and
Training Programs.--
(1) Report required.--Not later than 180 days after the
date of enactment of this Act, the Director of the Office of
Entrepreneurial Education shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report that describes best practices of entrepreneurial
education and training programs throughout the United States.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of any programs that the Director
of the Office of Entrepreneurial Education determines
are exemplary, including national programs, regional
programs, State programs, and local programs; and
(B) a summary of entrepreneurial education and
training programs carried out by--
(i) the Federal Government;
(ii) State and local governments; and
(iii) nonprofit organizations and private
sector groups.
SEC. 4. UNIVERSITY AND COLLEGE ENTREPRENEURIAL EDUCATION PROGRAM.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) University and College Entrepreneurial Education Program.--
``(1) In general.--A small business development center may
apply for a grant under this subsection to carry out a
university and college entrepreneurial education program.
``(2) Elements of program.--A program carried out using a
grant under this subsection may include--
``(A) connecting university and college students
with small business concerns that are clients of a
small business development center;
``(B) providing assistance to faculty members of
universities and colleges with respect to
entrepreneurial education programs for students of the
universities and colleges; and
``(C) improving university and college business
curricula or developing university and college
curricula concerning entrepreneurial education.
``(3) Funding.--The Administration may make grants under
this subsection subject to amounts provided in advance in
appropriations Acts.''.
SEC. 5. ENTREPRENEURIAL INNOVATORS PARTNERSHIP PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
inserting after section 45, as added by this Act, the following:
``SEC. 46. ENTREPRENEURIAL INNOVATORS PARTNERSHIP PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `Associate Administrator' means the
Associate Administrator for Entrepreneurial Development; and
``(2) the term `eligible entity'--
``(A) means a nonprofit organization; and
``(B) includes a small business development center,
a women's business center, a chapter of the Service
Corps of Retired Executives, or any other nonprofit
resource partner of the Administration.
``(b) Program Established.--The Associate Administrator shall
establish an entrepreneurial innovators partnership program under which
the Associate Administrator shall make grants to eligible entities to
carry out innovative programs that expand entrepreneurship, improve
partnerships between nonprofit organizations and entrepreneurs, and
promote job creation by small business concerns.
``(c) Program Activities.--A grant under this section may be used
to develop or expand--
``(1) a program that promotes entrepreneurship among youth
or veterans;
``(2) a program under which students pursing a Masters of
Business Administration degree provide free technical
assistance, counseling, or other assistance to small business
concerns;
``(3) a program that provides entrepreneurial education to
professional services providers, including attorneys and
accountants; or
``(4) any other program that the Associate Administrator
determines is appropriate.
``(d) Terms and Conditions.--
``(1) Amount.--The amount of a grant under this section may
not exceed $250,000.
``(2) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost of a
project carried out using a grant under this section
may not exceed 50 percent.
``(B) Exception.--The Federal share of the cost of
a project carried out using a grant under this section
may exceed 50 percent if the Associate Administrator
determines that the project would--
``(i) assist a program to become self-
sustaining; or
``(ii) create not fewer than 100 new jobs.
``(e) Applications.--
``(1) Submission.--An eligible entity that desires a grant
under this section shall submit an application to the Associate
Administrator at such time and in such form as the Associate
Administrator shall determine.
``(2) Priority.--In awarding grants the Associate
Administrator shall give priority to an application that--
``(A) includes a proposal for an innovative or
novel approach to entrepreneurial education;
``(B) is made by an eligible entity with
demonstrated success in--
``(i) creating jobs;
``(ii) increasing the size of small
business concerns; or
``(iii) working with small business
concerns; or
``(C) includes a proposal for a program to be
carried out through a partnership between nonprofit
organizations, resource partners of the Administration,
and educational institutions.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2013, 2014, and 2015.''.
SEC. 6. REGIONAL ENTREPRENEURIAL COMPETITIONS.
(a) In General.--The Administrator, acting through the Associate
Administrator for Field Operations, shall establish a program to host
regional competitions and a national conference to address regional
challenges through entrepreneurial research and business planning.
(b) Program Requirements.--
(1) Regional offices.--The regional administrator of each
regional office of the Administration shall--
(A) identify a prominent public-private issue that
challenges a broad range of individuals in the region;
(B) sponsor a single regional competition among
local small business concerns, inventors, and
entrepreneurs under which persons or groups of persons
submit research and business plans to address the issue
identified under subparagraph (A);
(C) provide outreach to universities, colleges,
business communities, industry leaders and
organizations, and nonprofit organizations to promote
the competition and to request proposals for research
and business plans;
(D) in coordination with the Director of the Office
of Entrepreneurship Education, select the 3 research or
business plans that best address the issue identified
under subparagraph (A); and
(E) submit to the Administrator a report that
contains the research or business plans selected under
subparagraph (D).
(2) Conference.--
(A) In general.--The Administrator, acting through
the Associate Administrator for Field Operations, shall
organize a single national conference for the
presentation of the research and business plans
selected under paragraph (1)(D) by the regional
administrators.
(B) Panel.--
(i) In general.--The Administrator shall
designate 11 employees of the Administration to
serve on a panel that shall select, from among
the research and business plans presented at
the conference, 1 plan from each region that
best addresses the issue identified under
paragraph (1)(A) for that region.
(ii) Members.--The Administrator shall
designate as a member of the panel under clause
(i)--
(I) 1 employee of the principal
office of the Administration; and
(II) 1 employee from each of the
regional offices of the Administration.
(3) Grant.--
(A) In general.--The Administrator shall award a
grant of $50,000 to each person or group of persons who
submitted a plan selected under paragraph (2)(B).
(B) Report.--Not later than 1 year after the date
on which the Administrator awards a grant under
subparagraph (A), the recipient of the grant shall
submit to the Administrator a report on the use of the
grant.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator $750,000 to carry out
this section.
SEC. 7. STUDY ON ENTREPRENEURIAL DEFERMENT OF STUDENT LOANS.
Not later than 180 days after the date of enactment of this Act,
the Administrator, in consultation with the Secretary of Education,
shall submit to Congress a report that includes detailed
recommendations for legislation establishing a program--
(1) to forgive student loans in a manner that assists youth
entrepreneurship by making available capital for business
formation; and
(2) to defer student loan repayments in a manner that
assists youth entrepreneurship by making available capital for
business formation. | Today's Entrepreneurs are America's Mentors Act or TEAM Act - Amends the Small Business Act to establish in the Small Business Administration (SBA) an Office of Entrepreneurial Education, headed by a Director, to develop and provide innovative entrepreneurial information, education, and resources to promote prospective entrepreneurs and successful small businesses. Directs the SBA's Associate Administrator for Entrepreneurial Development to establish a program of grants to nonprofit organizations to provide technical assistance to primary and secondary schools for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship. Requires the Director to submit to the congressional small business committees best practices of U.S. entrepreneurial education and training programs.
Authorizes a small business development center to apply for an SBA grant to carry out a university and college entrepreneurial education program.
Directs the SBA's Associate Administrator for Entrepreneurial Development to establish an entrepreneurial innovators partnership program of grants to nonprofit organizations and specified SBA entities to carry out innovative programs that expand entrepreneurship, improve partnerships between nonprofit organizations and entrepreneurs, and promote job creation by small businesses.
Directs the Administrator to establish a program to host regional competitions and a national conference to address regional challenges through entrepreneurial research and business planning.
Requires the Administrator to recommend to Congress legislation for establishing programs to forgive or defer student loan payments in order to assist youth entrepreneurship by making capital available for business formation. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighters Pay Fairness Act of
1995''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to improve pay equality between Federal firefighters,
other Federal employees, and municipal and other public sector
firefighters;
(2) to enhance recruitment and retention of firefighters in
order to maintain the highest quality Federal fire service; and
(3) to encourage Federal firefighters to pursue career
advancement and training opportunities.
SEC. 3. COMPUTATION OF PAY.
(a) Computation of Pay.--
(1) In general.--Section 5504 of title 5, United States
Code, is amended by redesignating subsection (c) as subsection
(d) and by inserting after subsection (b) the following:
``(c)(1) When, in the case of a firefighter, it is necessary for
computation of pay under this subsection to convert an annual rate of
basic pay to a basic hourly, daily, or biweekly rate, the rules set
forth in subparagraphs (A) through (D) shall govern:
``(A) To derive an hourly rate, divide the annual rate by
2,087.
``(B) To derive a daily rate, multiply the hourly rate by
the number of hours in the regularly scheduled daily tour of
duty.
``(C) To derive a biweekly rate, multiply the hourly rate
by the number of hours in the regularly scheduled biweekly tour
of duty or 106, whichever is less.
``(D) The annual rate of basic pay used in carrying out the
preceding provisions of this paragraph--
``(i) shall be the annual rate determined in
accordance with otherwise applicable provisions of law
(applied as if the Firefighters Pay Fairness Act of
1995 had never been enacted); and
``(ii) shall not exclude any amount considered to
be part of basic pay for any purpose under chapter 83
or 84.
``(E) To derive an annual rate for any purpose referred to
in the next sentence, multiply the biweekly rate by 26. An
annual rate determined under this subparagraph shall for all
purposes (except the preceding provisions of this paragraph or
as otherwise expressly provided by law), be considered to be
the annual rate of basic pay for the firefighter involved.
``(F) Except as provided in section 5542(e), the provisions
of sections 5542(a), 5545, 5546, and 5547 shall not apply in
the case of a firefighter, and pay computed under this
paragraph shall be in lieu of--
``(i) any amount which might otherwise be payable
under any of those provisions;
``(ii) any amount required to be taken into account
under subparagraph (D); and
``(iii) any other similar amount, as identified by
the Office of Personnel Management in regulations.
``(G) For provisions relating to computation of overtime,
see section 5542(e).
``(2) Notwithstanding any other provision of law, in the case of an
employee who is not a firefighter (nor an employee described in
subsection (d)(4)), but whose position requires such employee to
perform firefighting duties, the pay of such employee for any biweekly
pay period during which such employee is required to perform
firefighting duties shall be determined--
``(A) in accordance with otherwise applicable provisions of
law, but disregarding paragraph (1), or
``(B) in accordance with paragraph (1) (including the
provisions referred to in paragraph (1)(G)),
whichever results in the greater total amount.
``(3) Rates under this subsection are computed to the nearest cent,
counting one-half and over as a whole cent.''.
(2) Conforming amendment.--Section 5504(b) of title 5,
United States Code, is amended in the first sentence by
striking ``in the case of an employee,'' and inserting ``in the
case of an employee (other than a firefighter),''.
(b) Definitions.--
(1) In general.--Section 5504 of title 5, United States
Code, is amended by redesignating subsection (d) (as so
designated by subsection (a)(1)) as subsection (e) and by
inserting before such subsection the following:
``(d) For the purpose of this section--
``(1) the term `employee' means--
``(A) an employee in or under an Executive agency;
``(B) an employee in or under the judicial branch;
and
``(C) an employee in or under the Office of the
Architect of the Capitol, the Botanic Garden, and the
Library of Congress, for whom a basic administrative
workweek is established under section 6101(a)(5);
but does not include an employee or individual excluded from
the definition of employee in section 5541(2) other than an
employee or individual excluded by section 5541(2)(xvi);
``(2) the term `firefighter' means an employee who is a
firefighter within the meaning of section 8331(21) or 8401(14),
but does not include an employee described in paragraph (4);
``(3) the term `firefighting duties' means duties usually
performed by a firefighter in responding to or engaging in the
control and extinguishment or the prevention of a fire; and
``(4) this paragraph relates to any employee who--
``(A) would satisfy the definition of a firefighter
under paragraph (2), but for the exclusion thereunder;
and
``(B) has a basic administrative workweek of not
more than 40 hours.''.
(2) Conforming amendments.--Section 5504 of title 5, United
States Code, is amended by striking the last sentence in each
of subsections (a) and (b) thereof.
SEC. 4. OVERTIME.
Section 5542 of title 5, United States Code, is amended by adding
at the end the following:
``(e)(1) For the purpose of this subsection, the term `firefighter'
has the meaning given such term by section 5504(d)(2).
``(2) In the case of a firefighter, for full-time, part-time, and
intermittent tours of duty, hours of work officially ordered or
approved in excess of 106 hours in a biweekly pay period performed by
such firefighter are overtime work and shall be paid for in accordance
with subsections (a) (disregarding the matter in subsection (a) before
paragraph (1) thereof).
``(3) For purposes of applying the provisions of section 7(k) of
the Fair Labor Standards Act of 1938 with respect to a firefighter, no
violation referred to in such provisions shall be considered to have
occurred if the requirements of paragraph (2) are met.''.
SEC. 5. MINIMUM PAY RATE UPON PROMOTION TO A SUPERVISORY POSITION; PAY
RETENTION.
(a) Minimum Pay Rate Upon Promotion to a Supervisory Position.--
Section 5334 of title 5, United States Code, is amended by adding at
the end the following:
``(g)(1) For the purpose of this subsection--
``(A) the term `firefighter' has the meaning given such
term by section 5504(d)(2); and
``(B) the term `required minimum rate', as used with
respect to a firefighter who receives a promotion, means--
``(i) the total amount of basic pay and overtime
pay paid or payable to that individual for service
performed as a firefighter during the 12-month period
ending on the last day of the second month ending
before the date of the promotion (expressed as a single
annual rate); or
``(ii) in the case of a firefighter whose promotion
occurs in the first fiscal year during which this
subsection is in effect, the total amount of basic pay
and overtime pay (expressed as a single annual rate)
which would have been payable to that individual for
service performed as a firefighter during the period
described in clause (i), computed--
``(I) as if the amendments made by sections
3 and 4 of the Firefighters Pay Fairness Act of
1995 had been in effect throughout such period;
and
``(II) applying section 8(b) of such Act
(using the percentage specified in paragraph
(2)(A) thereof).
``(2) A firefighter who is promoted to a supervisory position in a
higher grade, and in which the individual continues to be a
firefighter, is entitled to basic pay at not less than--
``(A) the lowest rate of the higher grade which is at least
equal to such individual's required minimum rate; or
``(B) if there is no rate in the higher grade that
satisfies subparagraph (A), a rate equal to such individual's
required minimum rate.
``(3) The regulations under section 5338 shall include such
provisions as may be necessary to carry out the purposes of this
subsection in the case of a firefighter who, at the time of promotion,
is receiving basic pay at a rate saved to such firefighter under
subchapter VI.''.
(b) Pay Retention.--Section 5363(a) of title 5, United States Code,
is amended by striking ``or'' at the end of paragraph (3), by inserting
``or'' after the semicolon in paragraph (4), and by adding after
paragraph (4) the following:
``(5) who is subject to a reduction or termination of a
rate of pay established under section 5504(c)(1);''.
SEC. 6. TRAINING.
Section 4109 of title 5, United States Code, is amended by adding
at the end the following:
``(d)(1) For the purpose of this subsection, the term `firefighter'
means any firefighter within the meaning of section 5504(d)(2) and any
employee described in section 5504(d)(4).
``(2) Notwithstanding subsection (a)(1), a firefighter who is
selected and assigned for training under this chapter shall be paid,
for the period of training, at the rate of basic pay and overtime pay
normally paid for the regularly scheduled tour of duty of such
firefighter.''.
SEC. 7. TECHNICIAN BONUSES.
(a) In General.--Chapter 45 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--AWARDS TO FIREFIGHTERS FOR SPECIAL SKILLS AND
CERTIFICATIONS
``Sec. 4531. Definitions
``For the purpose of this subchapter--
``(1) the term `firefighter' has the meaning given such
term by section 4109(d)(1); and
``(2) the term `firefighting duties' has the meaning given
such term by section 5504.
``Sec. 4532. Award authority
``(a) An agency may pay a cash award of up to 5 percent of basic
pay to a firefighter or other employee who performs firefighting
duties, if such employee--
``(1) is employed in or under such agency; and
``(2) makes substantial use of--
``(A) a special skill, such as handling hazardous
materials; or
``(B) a certification or license relating to any
firefighting duties, such as certification as an
emergency medical technician.
``(b) Awards under this section shall be paid under regulations
prescribed by the head of the agency involved or pursuant to the terms
of any collective bargaining agreement which satisfy the requirements
of the next sentence. Any such regulations or agreement shall include--
``(1) procedures under which any such special skills,
certification, or licensure shall be ascertained;
``(2) criteria for determining the amount of any award
under this subchapter; and
``(3) any other provisions which may be necessary to carry
out the purposes of this subchapter.''.
(b) Conforming Amendment.--The table of sections for chapter 45 of
title 5, United States Code, is amended by adding at the end the
following:
``subchapter iv--awards to firefighters for special skills and
certifications
``4531. Definitions.
``4532. Award authority.''.
SEC. 8. EFFECTIVE DATE; TRANSITION PROVISIONS; REPORTING REQUIREMENT.
(a) Effective Date.--This Act shall take effect on October 1, 1995,
except that subsection (c) shall take effect on the date of the
enactment of this Act.
(b) Transition Provisions.--
(1) In general.--Except as provided in paragraph (3),
instead of the amount which (but for this subsection) would
otherwise be payable under any amendment made by section 3(a)
or 4, the amount payable under such amendment shall be equal
to--
(A) the amount which (but for this subsection)
would otherwise be so payable, multiplied by
(B) the applicable percentage under paragraph (2).
(2) Applicable percentages.--The applicable percentage
under this paragraph is--
(A) 85 percent if the amount relates to service
performed in fiscal year 1996 or 1997;
(B) 90 percent if the amount relates to service
performed in fiscal year 1998;
(C) 95 percent if the amount relates to service
performed in fiscal year 1999; and
(D) 100 percent if the amount relates to service
performed in fiscal year 2000 or thereafter.
(3) Computations under former provisions of law not
affected.--A computation under subparagraph (A) of section
5504(c)(2) of title 5, United States Code, as amended by
section 3(a)(1), shall not be affected by this subsection.
(c) Reporting Requirement.--No later than June 1, 1995, the Office
of Personnel Management shall submit a written report to the Congress
on--
(1) plans relating to implementing the transition
provisions of subsection (b);
(2) plans relating to funding increases in pay resulting
from the enactment of this Act; and
(3) the need for and feasibility of making any regulatory
or legislative modifications in the administration of chapters
83 and 84 of title 5, United States Code, in order to ensure
that no diminution in retirement benefits occurs, by reason of
the transition provisions of subsection (b), with respect to
any firefighter who separates from service during fiscal years
1996 through 2002. | Firefighters Pay Fairness Act of 1995 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties.
Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission.
Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938.
Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training.
Adds certain pay retention rights for Federal firefighters subject to a reduction or termination of a rate of pay established under this Act.
Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician.
Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Contractor Registry Act of
2004''.
SEC. 2. CENTRAL CONTRACTOR REGISTRY DATABASE.
(a) Authority.--Chapter 137 of title 10, United States Code, is
amended by inserting after section 2302d the following new section:
``Sec. 2302e. Central contractor registry
``(a) Establishment.--The Secretary of Defense shall maintain a
centralized, electronic database for the registration of sources of
property and services who seek to participate in contracts and other
procurements entered into by the various procurement officials of the
United States. The database shall be known as the `Central Contractor
Registry'.
``(b) Taxpayer Information.--(1) The Central Contractor Registry
shall include the following tax-related information for each source
registered in that registry:
``(A) Each of that source's taxpayer identification
numbers.
``(B) The source's authorization for the Secretary of
Defense to obtain from the Commissioner of Internal Revenue--
``(i) verification of the validity of each of that
source's taxpayer identification numbers; and
``(ii) in the case of any of such source's
registered taxpayer identification numbers that is
determined invalid, the correct taxpayer identification
number (if any).
``(2)(A) The Secretary of Defense shall require each source, as a
condition for registration in the Central Contractor Registry, to
provide the Secretary with the information and authorization described
in paragraph (1).
``(B) The Secretary shall--
``(i) warn each source seeking to register in the Central
Contractor Registry that the source may be subject to backup
for a failure to submit each such number to the Secretary; and
``(ii) take the actions necessary to initiate the backup
withholding in the case of a registrant who fails to register
each taxpayer identification number valid for the registrant
and is subject to the backup withholding requirement.
``(3) A source registered in the Central Contractor Registry is not
eligible for a contract entered into under this chapter or title III of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
251 et seq.) if that source--
``(A) has failed to provide the authorization described in
paragraph (1)(B);
``(B) has failed to register in that registry all valid
taxpayer identification numbers for that source; or
``(C) has registered in that registry an invalid taxpayer
identification number and fails to correct that registration.
``(4)(A) The Secretary of Defense shall make arrangements with the
Commissioner of Internal Revenue for each head of an agency within the
Department of Defense to participate in the taxpayer identification
number matching program of the Internal Revenue Service.
``(B) The Commissioner of Internal Revenue shall cooperate with the
Secretary of Defense to determine the validity of taxpayer
identification numbers registered in the Central Contractor Registry.
As part of the cooperation, the Commissioner shall promptly respond to
a request of the Secretary of Defense or the head of an agency within
the Department of Defense for electronic validation of a taxpayer
identification number for a registrant by notifying the Secretary or
head of an agency, respectively, of--
``(i) the validity of that number; and
``(ii) in the case of an invalid taxpayer identification
number, any correct taxpayer identification number for such
registrant that the Commissioner can promptly and reasonably
determine.
``(C) The Secretary shall transmit to a registrant a notification
of each of the registrant's taxpayer identification numbers, if any,
that is determined invalid by the Commissioner of Internal Revenue and
shall provide the registrant with an opportunity to substitute a valid
taxpayer identification number.
``(5) The Secretary of Defense shall require that, at the place in
the Central Contractor Registry where the taxpayer identification
numbers of a registrant are to be displayed, the display bear (as
applicable)--
``(A) for each taxpayer identification number of that
registrant, an indicator of whether such number has been
determined valid, is being reviewed for validity, or has been
determined invalid; or
``(B) an indicator that no taxpayer identification number
is required for the registrant.
``(6) This subsection applies to each source who registers any
information regarding that source in the Central Contractor Registry
after December 31, 2004, except that paragraphs (1), (2), and (3) do
not apply to a source who establishes to the satisfaction of the
Secretary of Defense that such source is not required to have a
taxpayer identification number.
``(c) Confidentiality of Information.--The Secretary of Defense
shall ensure that taxpayer identification numbers in the Central
Contractor Registry are not made available to the public. The Secretary
shall prescribe a requirement for procurement officials of the United
States having access to such numbers in that registry to maintain the
confidentiality of those numbers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2302d the following new item:
``2302e. Central Contractor Registry.''. | Central Contractor Registry Act of 2004 - Directs the Secretary of Defense to maintain a centralized, electronic database, to be known as the Central Contractor Registry, for the registration of sources of property and services (contractors) who seek to participate in contracts and other procurements entered into by various Federal procurement officials.
Requires the Registry to include certain tax-related information for each contractor, including their taxpayer identification numbers and authorization for the Secretary of Defense to obtain verification of such numbers from the Commissioner of Internal Revenue. Makes contractors who do not register such information, or who register invalid information, ineligible for contracts entered into under the Federal Property and Administrative Services Act of 1949. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century STEM for Girls and
Underrepresented Minorities Act''.
SEC. 2. GRANTS TO PREPARE GIRLS AND UNDERREPRESENTED MINORITIES.
Title V of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6001 et seq.) is amended by adding at the end the following:
``PART E--PREPARING GIRLS AND UNDERREPRESENTED MINORITIES FOR THE 21ST
CENTURY
``SEC. 5701. PROGRAM AUTHORITY.
``(a) In General.--From funds provided under section 5702, the
Secretary is authorized to provide grants to, and enter into contracts
or cooperative agreements with, local educational agencies on behalf of
elementary and secondary schools to establish and implement a program
to encourage the ongoing interest of girls and underrepresented
minorities in science, mathematics, engineering, and technology and to
prepare girls and underrepresented minorities to pursue undergraduate
and graduate degrees and careers in science, mathematics, engineering,
or technology.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant, or
enter into a contract or cooperative agreement, under this
part, a local educational agency shall submit an application to
the Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--The application shall contain, at a
minimum, the following:
``(A) A program description, including the content
of the program and the research and models used to
design the program.
``(B) A description of the collaboration between
elementary and secondary schools to fulfill goals of
the program and how the applicant will ensure that
there is a comprehensive plan to improve science,
mathematics, engineering, and technology education for
girls and underrepresented minorities in grades
kindergarten through 12.
``(C) A description of the process for recruitment
and selection of participants.
``(D) A description of the planned instructional
and motivational activities.
``(E) A description of any collaboration among
local, regional, or national institutions and
organizations that will occur in order to fulfill the
goals of the program.
``(3) Priority.--In selecting among applications, the
Secretary shall give priority to applicants that partner or
coordinate, to the extent possible, with local, regional, or
national institutions and organizations who have extensive
experience, expertise and research on increasing the
participation of girls or underrepresented minorities in
science, mathematics, engineering and technology.
``(c) Use of Funds.--Funds provided under this section shall be
used for the following:
``(1) Acquainting and preparing girls and underrepresented
minorities with careers in science, mathematics, engineering,
and technology, and the advantages of pursuing careers in these
areas.
``(2) Educating the parents of girls and underrepresented
minorities about the opportunities and advantages of science,
mathematics, engineering, and technology careers.
``(3) Enlisting the help of the parents of girls and
unrepresented minorities in overcoming the obstacles these
groups face and encouraging their child's continued interest
and involvement in science, mathematics, engineering, and
technology.
``(4) Providing tutoring and mentoring programs in science,
mathematics, engineering, and technology.
``(5) Establishing partnerships and other opportunities
that expose girls and underrepresented minorities to role
models in the fields of science, mathematics, engineering and
technology.
``(6) Enabling female and underrepresented minority
students and their teachers to attend events and academic
programs in science, mathematics, engineering, and technology.
``(7) Providing after-school activities designed to
encourage interest, and develop skills of girls and
underrepresented minorities, in science, mathematics,
engineering, and technology.
``(8) Summer programs designed in order that girls and
unrepresented minorities develop an interest in, develop skills
in, and understand the relevance and significance of, science,
mathematics, engineering, and technology.
``(9) Purchasing--
``(A) educational instructional materials or
software designed to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology; or
``(B) equipment, instrumentation, or hardware used
for teaching and to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology.
``(10) Field trips to locations, including institutions of
higher education, to educate and encourage girls' and
underrepresented minorities' interest in science, mathematics,
engineering, and technology and acquaint them with careers in
these fields.
``(11) Providing academic advice and assistance in high
school course selection that encourages girls and
underrepresented minorities to take advanced courses in areas
of science, technology, engineering, and mathematics.
``(12) Paying up to 50 percent of the cost of an internship
in science, mathematics, engineering, or technology for female
and underrepresented minority students.
``(13) Providing professional development for teachers and
other school personnel, including--
``(A) how to eliminate gender and racial bias in
the classroom;
``(B) how to be sensitive to gender and racial
differences;
``(C) how to engage students in the face of gender-
based and racial peer pressure and parental
expectations;
``(D) how to create and maintain a positive
environment; and
``(E) how to encourage girls and underserved
minorities through academic advice and assistance to
pursue advanced classes and careers in science,
mathematics, engineering, and technology fields.
``(d) Supplement, Not Supplant.--The Secretary shall require each
local educational agency to use the assistance provided under this
section only to supplement, and not to supplant, any other assistance
or funds made available from non-Federal sources for the activities
assisted under this section.
``(e) Evaluations.--Each local educational agency that receives
funds under this section shall provide the Secretary, at the conclusion
of every school year during which the funds are received, with an
evaluation, in a form prescribed by the Secretary. This evaluation
shall include--
``(1) a description of the programs and activities
conducted by the local educational agency using the funds;
``(2) data on curriculum and partnerships developed using
the funds;
``(3) data on the amount of time spent on subjects allowed
for under the grant; and
``(4) such other information as may be required by the
Secretary.
``SEC. 5702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$50,000,000 for fiscal year 2012 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''. | 21st Century STEM for Girls and Underrepresented Minorities Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to provide grants to, and enter into agreements with, local educational agencies (LEAs) to improve the education of girls and underrepresented minorities in science, technology, engineering, and mathematics (STEM) and prepare them to pursue undergraduate and graduate degrees and careers in such fields.
Gives priority to LEAs that partner or coordinate with local, regional, or national entities experienced in increasing the participation of girls or underrepresented minorities in STEM.
Requires the use of grant funds to: (1) involve the parents of girls and underrepresented minorities in stoking their children's interest in STEM, (2) provide tutoring and mentoring programs in such fields, (3) expose girls and underrepresented minorities to STEM role models, (4) enable such students and their teachers to attend STEM events outside the classroom, (5) provide after-school and summer programs for students in such fields, (6) purchase education materials or equipment to facilitate STEM instruction, (7) provide such students with academic advice and assistance in selecting high school courses, (8) pay up to 50% of the cost of a STEM internship for such students, and (9) train school personnel to facilitate students' progress in such fields. | billsum_train |
Create a condensed overview of the following text: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision. | Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethical Stem Cell Research Tax
Credit Act of 2008''.
SEC. 2. CREDIT FOR ETHICAL STEM CELL RESEARCH.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) of the Internal Revenue Code of
1986 is amended by adding at the end the following new section:
``SEC. 45O. ETHICAL STEM CELL RESEARCH.
``(a) Allowance of Credit.--For purposes of section 38, in the case
of an eligible taxpayer, the ethical stem cell research credit
determined under this section for the taxable year shall be an amount
equal to 30 percent of the qualified stem cell research expenses paid
or incurred by the taxpayer during the taxable year.
``(b) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any taxpayer that elects the application of
this section for the taxable year.
``(c) Qualified Stem Cell Research Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified stem cell research
expenses' means expenses which are paid or incurred by the
eligible taxpayer during the taxable year in carrying on basic
and applied research to develop techniques for the isolation,
derivation, production, testing, and human clinical use of stem
cells that may result in improved understanding of or
treatments for diseases and other adverse health conditions, no
part of which may involve--
``(A) the creation of a human embryo for research
purposes,
``(B) the destruction of or discarding of, or risk
of injury to, a human embryo, or
``(C) the use of any stem cell, the derivation or
provision of which would be inconsistent with
subparagraph (A) or (B).
``(2) Human embryo.--The term `human embryo' means any
organism not protected as a human subject under part 46 of
title 45, Code of Federal Regulations (as in effect on the date
of the enactment of this section) that is derived by
fertilization, parthenogenesis, cloning, or any other means
from one or more human gametes or human diploid cells.
``(3) Risk of injury.--The term `risk of injury' means
subjecting a human embryo to risk of injury or death greater
than that allowed for research on a fetus in utero under
section 498(b) of the Public Health Service Act (42 U.S.C.
289g(b)) (as in effect on the date of the enactment of this
section) and section 46.204(b) of title 45, Code of Federal
Regulations (as so in effect).
``(d) Treatment of Qualified Stem Cell Research Expenses.--
``(1) In general.--Except as provided in paragraph (2), any
qualified stem cell research expenses 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 for such taxable year.
``(2) Treated as base period research expenses.--Any
qualified stem cell research expenses for any taxable year
which are qualified research expenses (within the meaning of
section 41(b)) shall be taken into account in determining base
period research expenses for purposes of applying section 41 to
subsequent taxable years.
``(e) Special Rules.--
``(1) Limitation.--No credit shall be allowed under this
section with respect to any stem cell research conducted by a
corporation to which an election under section 936 applies.
``(2) Aggregation of expenditures and allocations of
credit.--Rules similar to the rules of paragraphs (1) and (2)
of section 41(f) and section 41(g) shall apply for purposes of
this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (30), by striking the period at the
end of paragraph (31) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(32) the ethical stem cell research credit determined
under section 45O(a).''.
(c) Denial of Double Benefit.--Section 280C of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(f) Ethical Stem Cell Research Credit.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified stem cell research expenses (as
defined in section 45O(c)(1)) 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
45O(a).
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the
taxable year under section 45O(a), exceeds
``(B) the amount allowable as a deduction for such
taxable year for qualified stem cell research expenses
(determined without regard to paragraph (1)),
the amount chargeable to capital account for the taxable year
for such expenses shall be reduced by the amount of such
excess.
``(3) Controlled groups.--Paragraph (3) of subsection (b)
shall apply for purposes of this subsection.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45O. Ethical stem cell research.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act. | Ethical Stem Cell Research Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for 30% of qualified stem cell research expenses paid or incurred in a taxable year. Defines "qualified stem cell research expenses" as expenses for carrying out basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of or treatments for diseases and other adverse health conditions. Prohibits a tax credit for any research expenses that may involve: (1) the creation of a human embryo for research purposes; (2) the destruction of or discarding of, or risk of injury to, a human embryo; or (3) the use of any stem cell for prohibited purposes. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Abuse of Cough Treatments
Act of 2012'' or the ``PACT Act''.
SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN.
(a) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(aaa)(1)(A) Except as provided in subparagraph (2), the sale or
offering for sale of a drug containing dextromethorphan to an
individual under 18 years of age, including any such sale using the
Internet, provided the drug is not subject to section 503(b)(1).
``(B) If a person fails to request identification from an
individual under 18 years of age and sells a product containing
dextromethorphan to that individual, that person shall be deemed to
have known that the individual was under 18 years of age.
``(C) It shall be an affirmative defense to an alleged violation of
clause (A) that the person selling a product containing
dextromethorphan examined the purchaser's identification card and,
based on that examination, that person reasonably concluded that the
identification was valid and indicated that the purchaser was not less
than 18 years of age.
``(2)(A) This paragraph shall not apply to any sale made pursuant
to a validly issued prescription.
``(B) This paragraph shall not apply to the sale or offering for
sale of a drug containing dextromethorphan to an individual under 18
years of age if such individual supplies proof at the time of such sale
that such individual--
``(i) is married;
``(ii) is the parent of a child; or
``(iii) is actively enrolled in the military.
``(3) In this paragraph, the term `identification card' mean an
identification card that--
``(A) includes a photograph and the date of birth of the
individual; and
``(B) is issued by a State or the Federal Government or is
considered acceptable for purposes of sections
274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code
of Federal Regulations (as in effect on or after the date of
the enactment of the Preventing Abuse of Cough Treatments Act
of 2012).''.
(b) Civil Penalties.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the
following:
``(h)(1) Notwithstanding subsection (a), a person who violates
section 301(aaa) shall be subject to a civil penalty in an amount--
``(A) not more than $1,000 for the first such violation by
a person;
``(B) not more than $2,000 for the second such violation by
a person; and
``(C) not more than $5,000 for the third such violation, or
a subsequent such violation, by a person.
``(2) In determining the amount of a civil penalty under this
subsection for a person who is a retailer, the Secretary shall consider
whether the retailer has taken appropriate steps to prevent subsequent
violations, such as--
``(A) the establishment and administration of a documented
employee training program to ensure all employees are familiar
with and abiding by the provisions of this section; or
``(B) other actions taken by a retailer to ensure
compliance with this section.
``(3) If a person who is a retailer transacts sales of products
containing dextromethorphan at more than one physical location, for
purposes of determining the number of violations by that person under
this subsection, each individual physical location operated by that
retailer shall be considered a separate person.
``(4) In this subsection, the term `retailer' means a grocery
store, general merchandise store, drug store, pharmacy, convenience
store, or other entity or person whose activities as a distributor
relating to products containing dextromethorphan are limited almost
exclusively to sales for personal use, both in number of sales and
volume of sales, either directly to walk-in customers or in face-to-
face transactions by direct sales.''.
SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is
amended--
(1) in section 501, by inserting at the end the following:
``(j) If it is unfinished dextromethorphan and is possessed,
received, or distributed in violation of section 506D.'';
(2) by inserting after section 506C the following:
``SEC. 506D. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN.
``(a) In General.--No person shall--
``(1) possess or receive unfinished dextromethorphan,
unless the person is registered under section 510 or otherwise
registered, licensed, or approved pursuant to Federal or State
law to engage in the practice of pharmacy, pharmaceutical
production, or manufacture or distribution of drug ingredients;
or
``(2) distribute unfinished dextromethorphan to any person
other than a person registered under section 510 or otherwise
registered, licensed, or approved pursuant to Federal or State
law to engage in the practice of pharmacy, pharmaceutical
production, or manufacture or distribution of drug ingredients.
``(b) Exception for Common Carriers.--This section does not apply
to a common carrier that possesses, receives, or distributes unfinished
dextromethorphan for purposes of distributing such unfinished
dextromethorphan between persons described in subsection (a) as
registered, licensed, or approved.
``(c) Definitions.--In this section:
``(1) The term `common carrier' means any person that holds
itself out to the general public as a provider for hire of the
transportation by water, land, or air of merchandise, whether
or not the person actually operates the vessel, vehicle, or
aircraft by which the transportation is provided, between a
port or place and a port or place in the United States.
``(2) The term `unfinished dextromethorphan' means
dextromethorphan that is not contained in a drug that is in
finished dosage form.''; and
(3) by amending section 303, as amended by section 2(b), by
adding at the end the following:
``(i) Notwithstanding subsection (a), a person who violates section
506D shall be subject to a civil penalty of not more than $100,000.''. | Preventing Abuse of Cough Treatments Act of 2012 or the PACT Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale or offering for sale of a drug containing dextromethorphan, and not subject to practitioner supervision requirements, to an individual under age 18, except if the sale is: (1) made pursuant to a validly issued prescription; or (2) to an individual who provides proof of being married, the parent of a child, or actively enrolled in the military. Imposes civil monetary penalties that escalate upon repeated violation.
Deems to be adulterated any unfinished dextromethorphan that is possessed, received, or distributed in violation of this Act. Prohibits a person from: (1) possessing or receiving unfinished dextromethorphan unless the person is registered with the Secretary of Health and Human Services (HHS) as a producer of a drug or device or otherwise registered, licensed, or approved pursuant to federal or state law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or (2) distributing unfinished dextromethorphan to any person other than a registered or otherwise authorized person. Excludes from such prohibitions common carriers that possess, receive, or distribute unfinished dextromethorphan for purposes of distributing it between registered, licensed, or approved persons. Imposes additional civil monetary penalties for such possession and distribution violations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors' Investment Security Act of
2008''.
SEC. 2. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS.
(a) In General.--In the case of a defined contribution plan--
(1) section 401(a)(9) of the Internal Revenue Code of 1986
shall not apply during the suspension period,
(2) in lieu of the calendar year specified in subparagraph
(C)(i) of section 401(a)(9) of such Code, the calendar year
specified in such subparagraph shall be the later of--
(A) the calendar year described in such
subparagraph (C)(i), or
(B) calendar year 2011, and
(3) after the end of the suspension period, no part of the
suspension period shall be taken into account for purposes of
applying any time limitation in section 401(a)(9) of such Code.
(b) Suspension Period.--For purposes of this section, the term
``suspension period'' means the period beginning on January 1, 2008,
and ending on December 31, 2010.
(c) Application to Certain Other Plans.--The following sections
shall be applied for the suspension period under rules similar to the
rules of subsection (a) of this section--
(1) in the case of a defined contribution plan, subsections
(a) and (b) of section 403, and section 408 of such Code, and
(2) in the case of an eligible deferred compensation plan
described in section 457(b) of such Code which is maintained by
an eligible employer described in section 457(e)(1)(A) of such
Code, section 457 of such Code.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this section applies to any plan or
annuity contract, such plan or contract shall be treated as
being operated in accordance with the terms of the plan during
the period described in paragraph (2)(B)(i).
(2) Amendments to which section applies.--
(A) In general.--This section shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to this section or pursuant to
any regulation issued by the Secretary of the
Treasury to carry out this section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2010.
(B) Conditions.--This section shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the first day of
the suspension period, and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted), the plan or
contract is operated as if such plan or
contract amendment were in effect, and
(ii) such plan or contract amendment
applies retroactively for such period.
(e) Effective Date.--
(1) In general.--This section shall take effect on the date
of the enactment of this Act.
(2) Recontribution of distributions before date of
enactment.--
(A) In general.--Any individual who receives a
payment or distribution during the period beginning on
January 1, 2008, and ending on the date of the
enactment of this Act from a plan to which subsection
(a) or (c) of this section applies may, before the end
of the suspension period, make one or more
contributions in an aggregate amount not to exceed the
amount of such payments or distributions to an eligible
retirement plan of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such
Code, as the case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) to an
eligible retirement plan other than an individual
retirement plan, then the taxpayer shall, to the extent
of the amount of the contribution, be treated as having
received such payments or distributions in an eligible
rollover distribution (as defined in section 402(c)(4)
of such Code) and as having transferred the amount to
the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(C) Treatment of repayments for distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to
subparagraph (A) to an individual retirement plan (as
defined by section 7701(a)(37) of such Code), then, to
the extent of the amount of the contribution, such
payments or distributions shall be treated as a
distribution described in section 408(d)(3) of such
Code and as having been transferred to the individual
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution. | Seniors' Investment Security Act of 2008 - Suspends for calendar 2008-2010 the minimum required distributions from certain individual retirement (IRA) plans. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea Sanctions and Diplomatic
Nonrecognition Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) North Korean negotiators in the Six-Party diplomatic
process did not act in good faith by their refusal to agree to
a transparent verification process for denuclearization
consistent with ``international standards'', including
provisions for nuclear sampling, following North Korea's
removal on October 11, 2008, from the list of state sponsors of
terrorism maintained by the Department of State.
(2) International press reports indicate that North Korea
has continued to provide support to Iran in the areas of
missile technology and nuclear development and has provided
Iran's surrogates, Hezbollah and Hamas, with both missile
technology and training in tunneling techniques with which to
attack Israel, an ally of the United States.
(3) International press reports indicate that North Korea
was engaged for a number of years in assistance to Syria in the
construction of a nuclear reactor in the Syrian desert which
was destroyed in a strike by Israeli forces on September 6,
2007.
(4) North Korean negotiators continue to refuse to address
in a humane and sincere manner the issue of the abduction of
civilians of Japan and the Republic of Korea, both allies of
the United States, as well as the abductions of citizens from a
number of other countries, including France, Lebanon, Romania,
and Thailand.
(5) Defectors coming out of North Korea have provided
testimony that United States permanent resident, Reverend Kim
Dong-shik, the spouse and father of United States citizens, was
tortured and murdered inside North Korea after his abduction by
Pyongyang's agents on the Chinese border in January 2000 and
that his remains are currently being held at a military
facility inside North Korea.
(6) Congress authoritatively expressed its view, in section
202(b)(2) of the North Korean Human Rights Act of 2004 (Public
Law 108-333; 22 U.S.C. 7832(b)(2)) that ``United States
nonhumanitarian assistance to North Korea shall be contingent
on North Korea's substantial progress'' on human rights
improvements, release of and accounting for abductees, family
reunification, reform of North Korea's labor camp system, and
the decriminalization of political expression, none of which
has occurred.
(7) Congress further authoritatively expressed its view, in
section 2 of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346) that ``human rights and
humanitarian conditions inside North Korea are deplorable'' and
that ``North Korean refugees remain acutely vulnerable''.
(8) Congress has determined that any missile test or launch
conducted by North Korea would be in direct violation of United
Nations Security Council resolution 1695, adopted on July 16,
2006, which ``condemns the multiple launches by the DPRK (North
Korea) of ballistic missiles on July 5 2006 local time'', and
United Nations Security Council Resolution 1718, adopted on
October 9, 2006, which ``demands that the DPRK (North Korea)
not conduct any further nuclear test or launch of a ballistic
missile'' and ``decides that the DPRK shall suspend all
activities related to its ballistic missile programme and in
this context re-establish its pre-existing commitments to a
moratorium on missile launching'', and further determines that
the resulting sanctions imposed under such resolution 1718
would again come into full effect following a missile test or
launch.
(9) Congress has further determined that a return by North
Korea to the Six-Party diplomatic process following any missile
test or launch by Pyongyang must include a firm and transparent
commitment to the complete, verifiable and irreversible
dismantlement of all of North Korea's nuclear programs,
including those derived both from plutonium as well as highly
enriched uranium.
(10) Japanese press reports have indicated that a
delegation of approximately fifteen Iranian missile experts
arrived in North Korea in March 2009 ``to help Pyongyang
prepare for a rocket launch'', including senior officials with
the Iranian rocket and satellite producer Shahid Hemmat
Industrial Group, and that they brought with them a letter from
their President Mahmoud Ahmadinejad to North Korean leader Kim
Jong-Il stressing the importance of cooperating on space
technology.
(11) North Korea, in defiance of the international
community's efforts to end nuclear proliferation and in
violation of its international obligations, conducted a second
underground nuclear test on May 25, 2009 (local time), in
violation of United Nations Security Council Resolution 1718,
which resulted in the passage of United Nations Security
Council Resolution 1874 on June 12, 2009, which imposed
additional sanctions and inspection requirements with regard to
North Korea.
SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH
KOREA.
(a) Finding.--Congress finds that subsequent to the decision of the
Secretary of State on October 11, 2008, to rescind the designation of
North Korea as a state sponsor of terrorism, North Korea has committed
acts that can be defined as international terrorism or as highly
provocative, including--
(1) the dispatch of a covert team of two North Korean
military-trained agents to South Korea with orders to
assassinate North Korean defector Hwang Jang-yop who were
apprehended by South Korean officials in April 2010;
(2) complicity in the sinking of the South Korean naval
vessel Cheonan on March 26, 2010, which resulted in the deaths
of 46 South Korean naval personnel; and
(3) the shipment of weapons by North Korea, seized in
Bangkok in December 2009, which were bound for delivery to
foreign terrorist organizations Hezbollah and Hamas, according
to a statement made by Israeli Foreign Minister Avigdor
Lieberman in Tokyo on May 12, 2010.
(b) Continuation of Restrictions.--Notwithstanding the decision by
the Secretary of State on October 11, 2008, to rescind the designation
of North Korea as a state sponsor of terrorism, and in light of the
congressional finding described in subsection (a), restrictions against
the Government of North Korea that were imposed by reason of a
determination of the Secretary of State that the Government of North
Korea is a state sponsor of terrorism and that are in effect as of the
date of the enactment of this Act shall remain in effect, and shall not
be lifted, unless the President makes the certification described in
subsection (c).
(c) Certification.--The certification referred to in subsection (b)
is a certification to Congress containing a determination of the
President that the Government of North Korea--
(1) is no longer engaged in the illegal transfer of missile
or nuclear technology, particularly to the governments of Iran,
Syria, or any other state sponsor of terrorism;
(2) is no longer engaged in training in combat operations
or tunneling, or harboring, supplying, financing, or supporting
in any way--
(A) Hamas, Hezbollah, the Japanese Red Army, or any
member of such organizations;
(B) any organization designated by the Secretary of
State as a foreign terrorist organization in accordance
with section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)); and
(C) any person included on the annex to Executive
Order 13224 (September 21, 2001) and any other person
identified under section 1 of that Executive Order
whose property and interests are blocked by that
section (commonly known as a ``specially designated
global terrorist'');
(3) is no longer engaged in the counterfeiting of United
States currency ``supernotes'';
(4) is no longer engaged in the international trafficking
of illicit narcotics into the United States, Japan, Australia,
or other allied countries of the United States;
(5) has returned the last remains of United States
permanent resident, Reverend Kim Dong-shik, to his United
States citizen widow, family, and church members, so that he
may be provided with a proper Christian burial in Chicago;
(6) has released the Japanese nationals recognized as
abduction victims by the Government of Japan as well as
abduction victims recognized by the Government of the Republic
of Korea;
(7) has released an estimated 600 surviving South Korean
POWs, and any other surviving POWs from the Korean War, who
have been held in North Korea against their will and in
violation of the Armistice Agreement since hostilities ended in
July, 1953;
(8) has made concrete provisions for unrestricted family
reunification meetings for those individuals among the two-
million strong Korean-American community who maintain family
ties with relatives inside North Korea;
(9) has opened the North Korean penal system, including the
gulag of concentration camps holding an estimated 200,000
political and religious prisoners, to unrestricted and regular
visits by representatives of the International Committee of the
Red Cross (ICRC);
(10) has made provision for unrestricted and regular access
by representatives of the United National High Commissioner for
Refugees to refugees forcibly repatriated to North Korea to
determine their general health and welfare; and
(11) has made concrete provisions for unrestricted contact,
including direct communications and meetings, between
representatives of international and South Korean religious
organizations, including Christians and Buddhists, and their
co-believers inside North Korea.
(d) Sense of Congress.--It is the sense of Congress that, in light
of the congressional finding described in subsection (a), the Secretary
of State should redesignate North Korea as a state sponsor of terrorism
immediately upon the date of the enactment of this Act.
(e) State Sponsor of Terrorism Defined.--In this section, the term
``state sponsor of terrorism'' means any country the government of
which the Secretary of State determines has repeatedly provided support
for acts of international terrorism pursuant to section 6(j) of the
Export Administration Act of 1979 (as continued in effect pursuant to
the International Emergency Economic Powers Act), section 40 of the
Arms Export Control Act, section 620A of the Foreign Assistance Act of
1961, or any other provision of law.
SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA.
(a) Finding.--Congress finds that the United States did not grant
diplomatic recognition to North Korea upon its establishment as a
client regime of the former Soviet Union in 1948. The United States has
consistently continued to withhold such formal diplomatic recognition
during the 60 years since the sudden and unprovoked attack by North
Korean forces on the Republic of Korea on June 25, 1950, an attack
which led directly to the Korean War and the deaths of over 36,000
United States military personnel as well as at least 2,000,000 Koreans
and over 3,000 soldiers from Allied countries.
(b) Continuation of Diplomatic Nonrecognition.--The diplomatic
nonrecognition described in subsection (a), including restrictions on
the establishment of a permanent presence or United States liaison
office inside North Korea, shall remain in effect, until such time as
the President certifies to Congress that the Government of North Korea
has met all of the benchmarks specified in section 3.
SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH OR
NUCLEAR TEST.
In the case of the launch of a missile, rocket, or other airborne
object by North Korea or the conducting of a nuclear test in violation
of United Nations Security Council Resolutions 1695, 1718, and 1874,
the President shall instruct the United States Permanent Representative
to the United Nations to use the voice, vote, and influence of the
United States to secure adoption of a United Nations Security Council
resolution condemning North Korea's action as a violation of United
Nations Security Council Resolutions 1695, 1718, and 1874 and requiring
the implementation of comprehensive sanctions and an inspection regime
against North Korea. | North Korea Sanctions and Diplomatic Nonrecognition Act of 2010 - Continues diplomatic, economic, and military sanctions against the government of North Korea as a supporter of international terrorism until the President certifies to Congress that North Korea: (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to Iran and Syria; (2) is not assisting foreign terrorist organizations, engaged in counterfeiting U.S. currency, or engaged in illicit narcotics traffic; (3) has released specified U.S. citizens, Japanese nationals, and surviving Korean War prisoners of war; and (4) has undertaken specified actions regarding family reunification, penal reforms, refugee access, and religious organization communications.
Expresses the sense of Congress that the Secretary of State should redesignate North Korea as a state sponsor of terrorism.
Finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948.
Continues diplomatic nonrecognition of North Korea until such benchmarks have been met.
Directs the President, in the case of a North Korean missile, rocket, or other airborne launch or the conducting of a nuclear test in violation of U.N. Security Council Resolutions 1695, 1718, and 1874, to instruct the U.S. Permanent Representative to the United Nations to use U.S. influence to secure adoption of a Security Council resolution condemning North Korea's action and requiring implementation of comprehensive sanctions against North Korea. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Abuse Prevention Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of older Americans who are abused,
neglected, or exploited is increasing, and a large percentage
of elder abuse cases are not reported to Federal and State law
enforcement authorities.
(2) The number of Americans aged 65 and older is projected
to increase exponentially in the coming years, and many of
these valued citizens will begin to constitute a vulnerable
population at increased risk of abuse and exploitation in
domestic and community-based settings.
(3) The projected increase in the number of Americans aged
65 and over is expected to result in a corresponding increase
in the number of cases of elder abuse, which suggests an urgent
need for comprehensive consideration of means by which such
abuse can be prevented, reported, and prosecuted by Federal and
State authorities.
(4) Violent, physical, and sexual assaults upon older
Americans are particularly abhorrent and should be prosecuted
vigorously by Federal and State law enforcement authorities.
Such acts should be deterred by appropriate penalties including
enhanced penalties and the elimination of parole for
individuals convicted of violent sexual offenses against the
elderly.
SEC. 3. NO PAROLE FOR SEXUAL OFFENSES COMMITTED AGAINST THE ELDERLY OR
FOR SEXUALLY VIOLENT PREDATORS.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b)(1) in which a State receives funds
for a program referred to in subsection (b)(2), the State shall have in
effect throughout the State laws and policies that prohibit parole for
any individual who is--
(1) convicted of a criminal sexual offense against a victim
who is elderly, which shall include any such offense under
State law for conduct that would constitute an offense under
chapter 109A of title 18 had the conduct occurred in the
special maritime and territorial jurisdiction of the United
States or in a Federal prison; or
(2) a sexually violent predator, as such term is defined in
section 14071(a)(3) of title 18, United States Code.
(b) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 2
years to a State that is making good faith efforts to
comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a) shall not receive 10
percent of the funds that would otherwise be allocated for that
fiscal year to the State under Subpart 1 of Part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), whether characterized as the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(3) Reallocation.--Amounts not allocated under a program
referred to in paragraph (2) to a State for failure to fully
comply with subsection (a) shall be reallocated under that
program to States that have not failed to comply with such
subsection.
SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES.
(a) Request for Immediate Consideration by the United States
Sentencing Commission.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission is requested to--
(1) promptly review the sentencing guidelines applicable to
sexual offenses committed against the elderly;
(2) expeditiously consider the promulgation of new
sentencing guidelines or amendments to existing sentencing
guidelines to provide an enhancement for such offenses; and
(3) submit to Congress an explanation of actions taken by
the Sentencing Commission pursuant to paragraph (2) and any
additional policy recommendations the Sentencing Commission may
have for combating offenses described in paragraph (1).
(b) Considerations in Review.--In carrying out this section, the
Sentencing Commission is requested to--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of such offenses and the
need for aggressive and appropriate law enforcement action to
prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553 (a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
United States Sentencing Commission is requested to promulgate the
guidelines or amendments provided for under this section as soon as
practicable, and in any event not later than the 180 days after the
date of enactment of this Act, in accordance with the procedures sent
forth in section 21(a) of the Sentencing Reform Act of 1987, as though
the authority under that Act had not expired. | Elder Abuse Prevention Act of 2006 - Requires states to adopt laws and policies that prohibit parole for: (1) any individual who is convicted of a criminal sexual offense against a victim who is elderly; or (2) a sexually violent predator.
Requests the U.S. Sentencing Commission to promptly review its guidelines for sexual offenses committed against the elderly and to consider new guidelines for enhanced sentencing for such crimes. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Extension Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Temporary extended unemployment compensation account.
Sec. 4. Payments to States having agreements for the payment of
temporary extended unemployment
compensation.
Sec. 5. Financing provisions.
Sec. 6. Fraud and overpayments.
Sec. 7. Definitions.
Sec. 8. Applicability.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this Act with the Secretary of
Labor (in this Act referred to as the ``Secretary''). Any State which
is a party to an agreement under this Act may, upon providing 30 days
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
temporary extended unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before the date
that is 1 year prior to the date of enactment of this Act);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law;
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada; and
(4) filed an initial claim for regular compensation on or
after the date that is 1 year prior to the date of enactment of
this Act.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount, etc.--For purposes of any agreement
under this Act--
(1) the amount of temporary extended unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the sum of--
(A) the amount of the regular compensation
(including dependents' allowances) payable to such
individual during such individual's benefit year under
the State law for a week of total unemployment; and
(B) $50;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary extended unemployment
compensation and the payment thereof, except where otherwise
inconsistent with the provisions of this Act or with the
regulations or operating instructions of the Secretary
promulgated to carry out this Act; and
(3) the maximum amount of temporary extended unemployment
compensation payable to any individual for whom a temporary
extended unemployment compensation account is established under
section 3 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of temporary
extended unemployment compensation in lieu of extended compensation to
individuals who otherwise meet the requirements of this section. Such
an election shall not require a State to trigger off an extended
benefit period.
SEC. 3. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this Act shall provide that
the State will establish, for each eligible individual who files an
application for temporary extended unemployment compensation, a
temporary extended unemployment compensation account with respect to
such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to 20 times the individual's
average weekly benefit amount (as determined under paragraph
(2)) for the benefit year.
(2) Weekly benefit amount.--For purposes of paragraph (1)
and subsection (c)(1), an individual's weekly benefit amount
for any week is equal to the sum of--
(A) the amount of regular compensation (including
dependents' allowances) under the State law payable to
such individual for such week for total unemployment;
and
(B) $50.
(c) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, if, at the time that the individual's account is
exhausted, such individual's State is in an extended benefit
period (as determined under paragraph (2)), then, such account
shall be augmented by an amount equal to 13 times the
individual's average weekly benefit amount (as determined under
subsection (b)(2)) for the benefit year.
(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period if, at the time of exhaustion (as described in paragraph
(1)) or at any time during the period beginning on the date of
enactment of this act and ending at the time of such
exhaustion--
(A) such a period is then in effect for such State
under the Federal-State Extended Unemployment
Compensation Act of 1970; or
(B) such a period would then be in effect for such
State under such Act if--
(i) section 203(f) of such Act was applied
to such State (regardless of whether the State
by law had provided for such application); and
(ii) such section 203(f)--
(I) was applied by substituting
``6.0'' for ``6.5'' in paragraph
(1)(A)(i); and
(II) did not include the
requirement under paragraph (1)(A)(ii).
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to 100 percent
of the temporary extended unemployment compensation paid to individuals
by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
Act or chapter 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect of any
compensation to the extent the State is entitled to reimbursement under
this Act in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this Act shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this Act for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
SEC. 5. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a))) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a))) shall be used for the
making of payments to States having agreements entered into under this
Act.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the Government Accountability Office,
shall make payments to the State in accordance with such certification,
by transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1101(a))) of the
Unemployment Trust Fund, without fiscal year limitation, such funds as
may be necessary for purposes of assisting States (as provided in title
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this Act.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of temporary extended unemployment compensation under this Act
to which the individual was not entitled, such individual--
(1) shall be ineligible for further temporary extended
unemployment compensation under this Act in accordance with the
provisions of the applicable State unemployment compensation
law relating to fraud in connection with a claim for
unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of temporary extended unemployment compensation under this Act
to which they were not entitled, the State shall require such
individuals to repay the amounts of such temporary extended
unemployment compensation to the State agency, except that the State
agency may waive such repayment if it determines that--
(1) the payment of such temporary extended unemployment
compensation was without fault on the part of any such
individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
temporary extended unemployment compensation payable to such
individual under this Act or from any unemployment compensation
payable to such individual under any Federal unemployment
compensation law administered by the State agency or under any
other Federal law administered by the State agency which
provides for the payment of any assistance or allowance with
respect to any week of unemployment, during the 3-year period
after the date such individuals received the payment of the
temporary extended unemployment compensation to which they were
not entitled, except that no single deduction may exceed 50
percent of the weekly benefit amount from which such deduction
is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 7. DEFINITIONS.
In this Act, the terms ``compensation'', ``regular compensation'',
``extended compensation'', ``benefit year'', ``base period'',
``State'', ``State agency'', ``State law'', and ``week'' have the
respective meanings given such terms under section 205 of the Federal-
State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note).
SEC. 8. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), an agreement
entered into under this Act shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before the date that is 1 year after the
date of enactment of this Act.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3), in the
case of an individual who has amounts remaining in an account
established under section 3 as of the date that is 1 year after
the date of enactment of this Act, temporary extended
unemployment compensation shall continue to be payable to such
individual from such amounts for any week beginning after the
date that is 1 year after the date of enactment of this Act for
which the individual meets the eligibility requirements of this
Act.
(2) No augmentation after 1 year after the date of
enactment of this act.--If the account of an individual is
exhausted after the date that is 1 year after the date of
enactment of this Act, then section 3(c) shall not apply and
such account shall not be augmented under such section,
regardless of whether such individual's State is in an extended
benefit period (as determined under paragraph (2) of such
section).
(3) Limitation.--No compensation shall be payable by reason
of paragraph (1) for any week beginning after the date that is
18 months after the date of enactment of this Act. | Emergency Unemployment Compensation Extension Act of 2008 - Provides for federal-state agreements under which a state will make temporary extended unemployment compensation payments to individuals who: (1) have exhausted all rights to regular compensation under state or federal law with respect to a benefit year (excluding any benefit year that ended before one year before the enactment of this Act); (2) have no rights to regular compensation or extended compensation with respect to a week under such law or any other state or federal unemployment compensation law; (3) are not receiving compensation for such week under the unemployment compensation law of Canada; and (4) filed an initial claim for regular compensation on or after one year before the enactment of this Act.
Requires federal payments to states to cover 100% of such temporary extended unemployment compensation payments.
Provides for handling of fraud and overpayments of unemployment compensation. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consortia-Led Energy and Advanced
Manufacturing Networks Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Clean technology.--The term ``clean technology'' means
a technology, production process, or methodology that--
(A) produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, or another renewable
energy source (as defined in section 609 of the Public
Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c));
(B) more efficiently transmits, distributes, or
stores energy;
(C) enhances energy efficiency for buildings and
industry, including combined heat and power;
(D) enables the development of a Smart Grid (as
described in section 1301 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17381)), including
integration of renewable energy sources and distributed
generation, demand response, demand side management,
and systems analysis;
(E) produces an advanced or sustainable material
with energy or energy efficiency applications;
(F) improves energy efficiency for transportation,
including electric vehicles;
(G) enhances water security through improved water
management, conservation, distribution, or end use
applications; or
(H) addresses challenges in advanced manufacturing
and supply chain integration related to a technology,
production process, or methodology described in
subparagraphs (A) through (G).
(2) Advanced manufacturing.--The term ``advanced
manufacturing''--
(A) means a family of activities that--
(i) depend on the use and coordination of
information, automation, computation, software,
sensing, and networking; or
(ii) make use of cutting edge materials and
emerging capabilities enabled by the physical
or biological sciences, including
nanotechnology, chemistry, and biology; and
(B) includes both new ways to manufacture existing
products and the manufacture of new products emerging
from new advanced technologies.
(3) Cluster.--The term ``cluster'' means a network of
entities directly involved in the research, development,
finance, and commercial application of clean technologies and
advanced manufacturing whose geographic proximity facilitates
the use and sharing of skilled human resources, infrastructure,
research facilities, educational and training institutions,
venture capital, and input suppliers.
(4) Consortium.--The term ``consortium'' means a clean
technology consortium established in accordance with this Act.
(5) Project.--The term ``project'' means an activity with
respect to which a consortium provides support under this Act.
(6) Qualifying entity.--The term ``qualifying entity''
means--
(A) a research university;
(B) a Federal or State institution with a focus on
developing clean technologies or clusters; or
(C) a nongovernmental organization with expertise
in translational research, clean technology, or cluster
development.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Translational research.--The term ``translational
research'' means the coordination of basic or applied research
with technical applications to enable promising discoveries or
inventions to achieve commercial application.
SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA PROGRAM.
(a) In General.--The Secretary shall establish and carry out a
program to establish clean technology consortia to enhance the
economic, environmental, and energy security of the United States by
promoting domestic development, manufacture, and deployment of clean,
state-of-the-art technologies.
(b) Program.--The Secretary shall carry out the program established
under subsection (a) by leveraging the expertise and resources of
private research communities, institutions of higher education,
industry, venture capital, National Laboratories (as defined in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other
participants in technology innovation--
(1) to support collaborative, cross-disciplinary research
and development in clean technologies and advanced
manufacturing; and
(2) to develop and accelerate the commercial application of
innovative clean technologies.
(c) Role of the Secretary.--The Secretary shall--
(1) carry out and oversee all aspects of the program
established under subsection (a);
(2) select recipients of grants for the establishment and
operation of consortia through a competitive selection process;
and
(3) coordinate the innovation activities of consortia with
activities carried out by the Secretary of Energy, the
Secretary of Defense, other Federal agency heads, industry, and
institutions of higher education, including by annually--
(A) issuing guidance regarding national clean
technology development priorities and strategic
objectives; and
(B) convening a conference relating to clean
technology, which shall bring together representatives
of Federal agencies, industry, institutions of higher
education, and other entities to share research and
commercialization results, program plans, and
opportunities for collaboration.
(d) Role of Consortia.--The consortia shall--
(1) promote new innovative clean technologies that have
demonstrated interest and potential for commercialization;
(2) expand advanced manufacturing capabilities, networks,
supply chains, and assets, in the area of clean technologies,
that contribute to regional and national manufacturing
competitiveness and potential for growth;
(3) promote job creation and entrepreneurship through the
establishment of new companies, the expansion of existing
companies, and commercialization of clean technologies;
(4) provide technical or financial assistance to companies
looking to invest in clean technologies, new products or
services, or enhanced processes that will grow sales and jobs;
(5) determine opportunities and challenges that companies
are facing and how to improve their use or production of clean
technologies;
(6) equip individual small- and medium-sized enterprises
with the capacity and agility to change through the adoption
and utilization of new clean technologies and related business
practices;
(7) accelerate investment in and deployment of clean
technologies through public-private partnerships;
(8) encourage partnering between and among emerging and
established clean technology and advanced manufacturing
enterprises; and
(9) demonstrate a comprehensive and successful model for
commercialization of clean technologies for promotion and
emulation.
SEC. 4. APPLICATIONS.
(a) In General.--To receive a grant under this Act, a consortium
shall submit to the Secretary an application in such manner, at such
time, and containing such information as the Secretary determines to be
necessary.
(b) Eligibility.--A consortium shall be eligible to receive a grant
under this Act if--
(1) the consortium consists of--
(A) 1 or more research universities that can
demonstrate a significant annual clean technology
research budget, entrepreneurial support programs, and
technology licensing expertise; and
(B) a total of 5 or more qualifying entities that
can demonstrate expertise in translational research,
clean technology, and cluster development;
(2) the members of the consortium have established a
binding agreement that documents--
(A) the structure of the partnership agreement;
(B) a governance and management structure that
enables cost-effective implementation of the program;
(C) a conflicts-of-interest policy, including
procedures, consistent with those of the Department of
Commerce, to ensure that employees and designees for
consortium activities who are in decisionmaking
capacities disclose all material conflicts of interest,
including financial, organizational, and personal
conflicts of interest;
(D) an accounting structure that meets the
requirements of the Secretary and that may be audited
under this Act; and
(E) the existence of an external advisory
committee;
(3) the consortium receives funding from non-Federal
sources, such as a State and participants of the consortium,
that may be used to support projects;
(4) the consortium is part of an existing cluster or
demonstrates high potential to develop a new cluster; and
(5) the consortium operates as a nonprofit organization or
as a public-private partnership under an operating agreement
led by a nonprofit organization.
(c) Disqualification.--The Secretary may disqualify an application
from a consortium under this Act if the Secretary determines that the
conflicts-of-interest policy of the consortium is inadequate.
(d) External Advisory Committees.--
(1) In general.--To be eligible to receive a grant under
this Act, a consortium shall establish an external advisory
committee, the members of which shall have extensive and
relevant scientific, technical, industry, financial, or
research management expertise.
(2) Duties.--An external advisory committee shall--
(A) review the proposed plans, programs, project
selection criteria, and projects of the consortium; and
(B) ensure that projects selected by the consortium
meet the applicable conflicts-of-interest policy of the
consortium.
(3) Members.--An external advisory committee shall consist
of--
(A) representatives of the members of the
consortium; and
(B) such representatives of industry, including
entrepreneurs and venture capitalists, as the members
of the consortium determine to be necessary.
(4) Secretary as member.--The Secretary shall join the
external advisory committee of a consortium that receives a
grant under this Act.
SEC. 5. GRANTS.
(a) In General.--The Secretary shall award grants, on a competitive
basis, to 6 or more consortia.
(b) Terms.--
(1) In general.--The initial term of a grant awarded under
this Act shall not exceed 5 years.
(2) Extension.--The Secretary may extend the term of a
grant awarded under this Act for a period of not more than 5
additional years.
(c) Amounts.--
(1) In general.--A grant awarded to a consortium under this
Act shall not exceed the lesser of--
(A) $30,000,000 per fiscal year; or
(B) the collective contributions of non-Federal
entities to the consortium, as described under section
4(b)(3).
(2) Flexibility.--In determining the amount of a grant
under this section, the Secretary shall consider--
(A) the translational research capacity of the
consortium;
(B) the financial, human, and facility resources of
the qualifying entities; and
(C) the cluster of which the consortium is a part.
(3) Increases in amounts.--Subject to paragraph (1), a
consortium may request an increase in the amount of a grant
awarded under this Act at the time the consortium requests an
extension of an initial grant.
(d) Use of Amounts.--
(1) In general.--Subject to paragraph (3), a consortium
awarded a grant under this Act shall use the amounts to support
translational research, technology development, manufacturing
innovation, and commercialization activities relating to clean
technology.
(2) Project selection.--As a condition of receiving a grant
under this Act, a consortium shall--
(A) develop and make available to the public on the
Web site of the Department of Commerce proposed plans,
programs, project selection criteria, and terms for
individual project awards;
(B) establish policies--
(i) to prevent resources provided to the
consortium from being used to displace private
sector investment otherwise likely to occur,
including investment from private sector
entities that are members of the consortium;
(ii) to facilitate the participation of
private entities that invest in clean
technologies to perform due diligence on award
proposals, to participate in the award review
process, and to provide guidance to projects
supported by the consortium; and
(iii) to facilitate the participation of
parties with a demonstrated history of
commercial application of clean technologies in
the development of consortium projects;
(C) oversee project solicitations, review proposed
projects, and select projects for awards; and
(D) monitor project implementation.
(3) Limitations.--
(A) Administrative expenses.--A consortium may use
not more than 10 percent of the amounts awarded to the
consortium for administrative expenses.
(B) Prohibition on use.--A consortium may not use
any amounts awarded to the consortium under this Act to
construct a new building or facility.
(e) Audits.--
(1) In general.--A consortium that receives a grant under
this Act shall carry out, in accordance with such requirements
as the Secretary may prescribe, an annual audit to determine
whether the grant has been used in accordance with this Act.
(2) Report.--The consortium shall submit a copy of each
audit under paragraph (1) to the Secretary and the Comptroller
General of the United States.
(3) GAO review.--As a condition of receiving a grant under
this Act, a consortium shall allow the Comptroller General of
the United States, on the request of the Comptroller General,
full access to the books, records, and personnel of consortium.
(4) Reports to congress.--The Secretary shall submit to
Congress annually a report that includes--
(A) a copy of each audit carried out under
paragraph (1); and
(B) any recommendations of the Secretary relating
to the clean technology consortia program.
(f) Revocation of Awards.--The Secretary shall have the authority--
(1) to review grants awarded under this Act; and
(2) to revoke a grant awarded under this Act if the
Secretary determines that a consortium has used the grant in a
manner that is not consistent with this Act.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000. | Consortia-Led Energy and Advanced Manufacturing Networks Act - Directs the Department of Commerce to carry out a program to establish clean technology consortia to enhance U.S. economic, environmental, and energy security by promoting domestic development, manufacture, and deployment of clean technologies, production processes, or methodologies that: produce energy from renewable energy sources; transmit, distribute, or store energy more efficiently; enhance energy efficiency for buildings and industry; enable the development of a Smart Grid (an electric power system to maintain a reliable and secure electricity infrastructure that can meet future demand growth, including by deploying demand-side resources that enable consumers to reduce or shift their electricity usage during peak periods); produce an advanced or sustainable material with energy or energy efficiency applications; improve energy efficiency for transportation, including electric vehicles; or enhance water security through improved water management, conservation, distribution, or end use applications. Requires Commerce to award grants for the establishment and operation of consortia. Establishes the role of consortia, including promoting new innovative clean technologies, providing technical or financial assistance, and accelerating investment in and deployment of clean technologies through public-private partnerships. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consistency, Accuracy,
Responsibility, and Excellence in Medical Imaging and Radiation Therapy
Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the quality and value of
health care by increasing the safety and accuracy of medical imaging
examinations and radiation therapy procedures, thereby reducing
duplication of services and decreasing costs.
SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.
Part F of title III of the Public Health Service Act (42 U.S.C. 262
et seq.) is amended by adding at the end the following:
``Subpart 4--Medical Imaging and Radiation Therapy
``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.
``(a) Qualified Personnel.--
``(1) In general.--Effective January 1, 2013, personnel who
perform or plan the technical component of either medical
imaging examinations or radiation therapy procedures for
medical purposes must be qualified under this section to
perform or plan such services.
``(2) Qualification.--Individuals qualified to perform or
plan the technical component of medical imaging examinations or
radiation therapy procedures must--
``(A) possess current certification in each medical
imaging or radiation therapy modality and service
provided from a certification organization designated
by the Secretary pursuant to subsection (c); or
``(B) possess current State licensure, or
certification, where--
``(i) such services and modalities are
within the scope of practice as defined by the
State for such profession; and
``(ii) the requirements for licensure,
certification, or registration meet or exceed
the standards established by the Secretary
pursuant to this section.
``(3) State licensure, certification, or registration.--
``(A) Nothing in this section diminishes the
authority of a State to define requirements for
licensure, certification, or registration, the
requirements for practice, or the scope of practice of
personnel.
``(B) The Secretary shall not take any action under
this section that would require licensure by a State of
those who perform or plan the technical component of
medical imaging examinations or radiation therapy
procedures.
``(4) Exemptions.--The qualification standards described in
this subsection shall not apply to physicians (as defined in
section 1861(r) of the Social Security Act (42 U.S.C.
1395x(r))) or to nurse practitioners and physician assistants
(each as defined in section 1861(aa)(5) of the Social Security
Act (42 U.S.C. 1395x(aa)(5))).
``(b) Establishment of Standards.--
``(1) In general.--For the purposes of determining
compliance with subsection (a), the Secretary, in consultation
with recognized experts in the technical provision of medical
imaging or radiation therapy services, shall establish minimum
standards for personnel who perform, plan, evaluate, or verify
patient dose for medical imaging examinations or radiation
therapy procedures. Such standards shall not apply to the
equipment used.
``(2) Experts.--For the purposes of this subsection, the
Secretary shall select expert advisers to reflect a broad and
balanced input from all sectors of the health care community
that are involved in the provision of such services to avoid
undue influence from any single sector of practice on the
content of such standards.
``(3) Minimum standards.--Minimum standards may vary in
form for each of the covered disciplines, reflecting the unique
or specialized nature of the technical services provided, and
shall represent expert consensus from those practicing in each
of the covered disciplines as to what constitutes excellence in
practice and be appropriate to the particular scope of care
involved.
``(4) Allowance for additional standards.--Nothing in this
subsection shall be construed to prohibit a State or
certification organization from requiring compliance with
higher standards than the minimum standards specified by the
Secretary pursuant to this subsection.
``(5) Timeline.--The Secretary shall promulgate regulations
for the purposes of carrying out this subsection no later than
18 months after the date on which this section is enacted.
``(c) Designation of Certification Organizations.--
``(1) In general.--The Secretary shall establish a program
for designating certification organizations that the Secretary
determines have established appropriate procedures and programs
for certifying personnel as qualified to furnish medical
imaging or radiation therapy services.
``(2) Factors.--When designating certification
organizations, and when reviewing or modifying the list of
designated organizations for the purposes of paragraph (4)(B),
the Secretary shall consider--
``(A) whether the certification organization has
established certification requirements for individuals
that are consistent with or exceed the minimum
standards established in subsection (b);
``(B) whether the certification organization has
established a process for the timely integration of new
medical imaging or radiation therapy services into the
organization's certification program;
``(C) whether the certification organization has
established education and continuing education
requirements for individuals certified by the
organization;
``(D) whether the organization has established
reasonable fees to be charged to those applying for
certification;
``(E) whether the examinations leading to
certification by the certification organization are
accredited by an appropriate accrediting body as
defined in subsection (d);
``(F) the ability of the certification organization
to review applications for certification in a timely
manner; and
``(G) such other factors as the Secretary
determines appropriate.
``(3) Equivalent education, training, and experience.--
``(A) In general.--For purposes of this section,
the Secretary shall, through regulation, provide a
method for the recognition of individuals whose
training or experience are determined to be equal to,
or in excess of, those of a graduate of an accredited
educational program in that specialty. Such authority
shall expire seven years after the enactment of this
section.
``(B) Eligibility.--The Secretary shall not
recognize any individual pursuant to the authority of
subparagraph (A) unless such individual--
``(i) was performing or planning the
technical component of medical imaging
examinations or radiation therapy treatments
prior to enactment of this section; and
``(ii) is ineligible to take the licensure
or certification examination for that
discipline.
``(4) Process.--
``(A) Regulations.--The Secretary shall, by July 1,
2012, promulgate regulations for designating
certification organizations pursuant to this paragraph.
``(B) Designations and list.--The Secretary shall,
by January 1, 2013, make determinations regarding all
certification organizations that have applied for
designation pursuant to the regulations promulgated
under subparagraph (A), and shall publish a list of all
certification organizations that have received
designation.
``(C) Periodic review and revision.--The Secretary
shall periodically review the list, taking into account
the factors established under paragraph (2). After such
review, the Secretary may, by regulation, modify the
list of certification organizations that have received
designation.
``(D) Certifications prior to removal from list.--
If the Secretary removes a certification organization
from the list of certification organizations designated
under subparagraph (B), any individual who was
certified by the certification organization during or
before the period beginning on the date on which the
certification organization was designated as a
certification organization under subparagraph (B) and
ending on the date on which the certification
organization is removed from such list shall be
considered to have been certified by a certification
organization designated by the Secretary under
subparagraph (B) for the remaining period that such
certification is in effect.
``(d) Approved Accrediting Bodies.--
``(1) In general.--The Secretary shall publish a list of
entities that are approved accrediting bodies for certification
organizations for purposes of subsection (c)(2)(E). The
Secretary shall publish the list no later than 24 months after
enactment of this section and shall revise the list as
appropriate.
``(2) Requirements for approval.--The Secretary shall not
approve an accrediting body for certification organizations
unless the Secretary determines that such accrediting body--
``(A) is a nonprofit organization;
``(B) is a national or international organization
with accreditation programs for examinations leading to
certification by certification organizations;
``(C) has established standards for recordkeeping
and to minimize the possibility of conflicts of
interest; and
``(D) demonstrates compliance with any other
requirements established by the Secretary.
``(3) Withdrawal of approval.--The Secretary may withdraw
the approval of an accrediting body if the Secretary determines
that the body does not meet the standards defined in paragraph
(2).
``(e) Alternative Standards for Rural and Underserved Areas.--
``(1) In general.--The Secretary shall determine whether
the standards established under subsection (a) must be met in
their entirety for medical imaging examinations or radiation
therapy procedures that are performed and planned in a
geographic area that is determined by the Medicare Geographic
Classification Review Board to be a `rural area' or that is
designated as a health professional shortage area. If the
Secretary determines that alternative standards for such rural
areas or health professional shortage areas are appropriate to
assure access to quality medical imaging examinations or
radiation therapy procedures, the Secretary is authorized to
develop such alternative standards.
``(2) State discretion.--The chief executive officer of a
State may submit to the Secretary a statement declaring that an
alternative standard developed under paragraph (1) is
inappropriate for application to such State, and such
alternative standard shall not apply in such submitting State.
The chief executive officer of a State may rescind a statement
described in this paragraph following the provision of
appropriate notice to the Secretary.
``(f) Rule of Construction.--Notwithstanding any other provision of
this section, individuals who provide medical imaging examinations
relating to mammograms shall continue to meet the regulations
applicable under the Mammography Quality Standards Act of 1992, as
amended.
``(g) Definitions.--As used in this section--
``(1) Medical imaging.--The term `medical imaging' means
any examination or procedure used to visualize tissues, organs,
or physiologic processes in humans for the purpose of
detecting, diagnosing, treating or impacting the progression of
disease or illness. For purposes of this section, such term
does not include routine dental diagnostic procedures or
advanced imaging procedures as defined in section 1834(e)(1)(B)
of the Social Security Act.
``(2) Perform.--The term `perform', with respect to medical
imaging or radiation therapy, means--
``(A) the act of directly exposing a patient to
radiation including ionizing or radio frequency
radiation, to ultrasound, or to a magnetic field for
purposes of medical imaging or for purposes of
radiation therapy; and
``(B) the act of positioning a patient to receive
such an exposure.
``(3) Plan.--The term `plan', with respect to medical
imaging or radiation therapy, means the act of preparing for
the performance of such a procedure to a patient by evaluating
site-specific information, based on measurement and
verification of radiation dose distribution, computer analysis,
or direct measurement of dose, in order to customize the
procedure for the patient.
``(4) Radiation therapy.--The term `radiation therapy'
means any procedure or article intended for use in the cure,
mitigation, treatment, or prevention of disease in humans that
achieves its intended purpose through the emission of ionizing
or non-ionizing radiation.''.
SEC. 4. PAYMENT AND STANDARDS FOR MEDICAL IMAGING AND RADIATION
THERAPY.
Section 1848(b)(4) of the Social Security Act (42 U.S.C. 1395w-
4(b)(4)) is amended--
(1) in subparagraph (A), by striking the ``imaging'' and
inserting ``medical imaging and radiation therapy'' and;
(2) by adding at the end the following new subparagraph:
``(C) Payment for medical imaging and radiation
therapy services.--With respect to expenses incurred
for the planning and performing of the technical
component of medical imaging examinations or radiation
therapy procedures furnished on or after January 1,
2013, payment shall be made under this section only if
the examination or procedure is planned or performed by
an individual who meets the requirements established by
the Secretary under section 355 of the Public Health
Service Act.''.
SEC. 5. REPORT ON THE EFFECTS OF THIS ACT.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Agency for Healthcare Research and Quality,
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate, the Committee on Finance of the Senate, and the
Committee on Energy and Commerce of the House of Representatives, a
report on the effects of this Act no later than 5 years after the date
of the enactment of this Act.
(b) Requirements.--Such report shall include the types and numbers
of individuals qualified to perform or plan the technical component of
medical imaging or radiation therapy services for whom standards have
been developed, the impact of such standards on diagnostic accuracy and
patient safety, and the availability and cost of services. Entities
reimbursed for technical services through programs operating under the
authority of the Secretary of Health and Human Services shall be
required to contribute data to such report. | Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2009 - Amends the Public Health Service Act to require personnel who perform or plan the technical component of either medical imaging examinations or radiation therapy procedures for medical purposes to possess, effective January 1, 2013: (1) certification in each medical imaging or radiation therapy modality and service provided from a certification organization designated by the Secretary of Health and Human Services (HHS); or (2) state licensure or certification where such services and modalities are within the scope of practice as defined by the state for such profession and where the requirements for licensure, certification, or registration meet or exceed the standards established by the Secretary. Exempts physicians, nurse practitioners, and physician assistants.
Directs the Secretary to: (1) establish minimum standards for personnel who perform, plan, evaluate, or verify patient dose for medical imaging examinations or radiation therapy procedures; (2) establish a program for designating certification organizations after consideration of specified criteria; (3) provide a method for the recognition of individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty; and (4) approve and publish a list of accrediting bodies for such certification organizations. Authorizes the Secretary to develop alternative standards for rural or health professional shortage areas as appropriate to assure access to quality medical imaging.
Amends the Social Security Act to allow Medicare payment for medical imaging and radiation therapy services furnished on or after January 1, 2013, only if the examination or procedure is planned or performed by an individual who meets this Act's requirements. | billsum_train |
Subsets and Splits