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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 ``Kidney Disease
Equitable Access, Prevention, and Research Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY
DISEASE
Sec. 101. Improving access to care through improvements in the initial
survey process for renal dialysis
facilities.
Sec. 102. Providing choice in primary insurer.
Sec. 103. Protecting individuals with kidney failure from unfair
practices.
TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH-QUALITY KIDNEY
CARE
Sec. 201. Understanding the progression of kidney disease in minority
populations.
Sec. 202. Recommendations on dialysis quality and care management
research gaps.
Sec. 203. GAO study on transportation barriers to access kidney care.
TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH
KIDNEY DISEASE
Sec. 301. Improving access to medicare kidney disease education.
TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY
DISEASE
SEC. 101. IMPROVING ACCESS TO CARE THROUGH IMPROVEMENTS IN THE INITIAL
SURVEY PROCESS FOR RENAL DIALYSIS FACILITIES.
Section 1864 of the Social Security Act (42 U.S.C. 1395aa) is
amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following new
subsection:
``(e)(1) If the Secretary has entered into an agreement with any
State under this section under which the appropriate State or local
agency that performs any survey related to determining the compliance
of a renal dialysis facility subject to the requirements of section
1881(b) and the State licensure survey requirements are consistent with
or exceed such Federal requirements, the Secretary must accept the
results of the State licensure survey for purposes of determining
Federal certification of compliance. In the case of such an initial
survey of a renal dialysis facility, the Secretary may allow any State
to waive the reimbursement for conducting the survey under this section
if it requests such a waiver.
``(2) In the case of a renal dialysis facility that has waited for
more than 6 months to receive the results of an initial survey under
this section, the Secretary shall establish a specific timetable for
completing and reporting the results of the survey.''; and
(3) in subsection (f), as so redesignated--
(A) by striking ``Notwithstanding any other
provision of law,'' and inserting ``(1) Notwithstanding
any other provision of law and except as provided in
paragraph (2)''; and
(B) by adding at the end the following:
``(2) The Secretary may assess and collect fees for the initial
Medicare survey from a renal dialysis facility subject to the
requirements of section 1881(b) in an amount not to exceed a reasonable
fee necessary to cover the costs of initial surveys conducted for
purposes of determining the compliance of a renal dialysis facility
with the requirements of section 1881(b). Fees may be assessed and
collected under this paragraph only in such manner as would result in
an aggregate amount of fees collected during any fiscal year being
equal to the aggregate amount of costs for such fiscal year for initial
surveys of such facilities under this section. A renal dialysis
facility's liability for such fees shall be reasonably based on the
proportion of the survey costs which relate to such facility. Any funds
collected under this paragraph shall be used only to conduct the
initial survey of the facilities providing the fees.
``(3) Fees authorized under paragraph (2) shall be collected by the
Secretary and available only to the extent and in the amount provided
in advance in appropriations Acts and upon request of the Secretary,
subject to the amount and usage limitations of such paragraph. Such
fees so collected are authorized to remain available until expended.''.
SEC. 102. PROVIDING CHOICE IN PRIMARY INSURER.
(a) Providing Patient Choice in Medicare.--
(1) In general.--Section 1862(b)(1)(C) of the Social
Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended--
(A) in the last sentence, by inserting ``and before
January 1, 2013,'' after ``prior to such date)''; and
(B) by adding at the end the following new
sentence: ``Effective for items and services furnished
on or after January 1, 2013 (with respect to periods
beginning on or after the date that is 42 months prior
to such date), clauses (i) and (ii) shall be applied by
substituting `42-month' for `12-month' each place it
appears in the first sentence.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act. For
purposes of determining an individual's status under section
1862(b)(1)(C) of the Social Security Act (42 U.S.C.
1395y(b)(1)(C)), as amended by paragraph (1), an individual who
is within the coordinating period as of the date of enactment
of this Act shall have that period extended to the full 42
months described in the last sentence of such section, as added
by the amendment made by paragraph (1)(B).
(b) Providing Equitable Access to Insurance for Individuals With
Kidney Failure.--
(1) Application of esrd medicare secondary payer rules to
health insurance issuers.--
(A) In general.--Section 1862(b) of the Social
Security Act (42 U.S.C. 1395y(b)) is amended--
(i) in paragraph (1)(C), in the matter
before clause (i), by inserting ``and health
insurance coverage (as defined in section
2791(b) of the Public Health Service Act) that
is a qualified health plan (as defined in
section 1301 of the Patient Protection and
Affordable Care Act)'' after ``subparagraph
(A)(v))'';
(ii) in paragraph (2)(A), in the matter
after clause (ii), by inserting ``a group
health plan, large group health plan, or health
insurance coverage (as defined in section
2791(b) of the Public Health Service Act) that
is a qualified health plan (as defined in
section 1301 of the Patient Protection and
Affordable Care Act) to the extent that clause
(i) applies pursuant to the application of
paragraph (1)(C),'' after ``to the extent that
clause (i) applies,'';
(iii) in paragraph (3)(C), by striking ``or
a large group health plan'' and inserting ``, a
large group health plan, or health insurance
coverage (as defined in section 2791(b) of the
Public Health Service Act) that is a qualified
health plan (as defined in section 1301 of the
Patient Protection and Affordable Care Act)'';
and
(iv) in paragraph (7), by adding at the end
the following new subparagraph:
``(E) Application to certain health insurance
issuers.--The provisions of the previous subparagraphs
of this paragraph shall apply to a health insurance
issuer offering health insurance coverage (as defined
in section 2791(b) of the Public Health Service Act)
that is a qualified health plan (as defined in section
1301 of the Patient Protection and Affordable Care Act)
in the same manner as such provisions apply to an
entity, a plan administrator, or a fiduciary described
in subparagraph (A), except that in applying such
provisions--
``(i) the reference under subparagraph (A)
to the date of the enactment of this paragraph
shall be deemed a reference to the date of the
enactment of this subparagraph; and
``(ii) the reference under subparagraph
(A)(i) to a primary plan shall be deemed a
reference to a primary plan to the extent that
paragraph (2)(A)(i) applies pursuant to the
application of paragraph (1)(C).''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply with respect to plan years
beginning on or after the date of the enactment of this
Act.
(2) Treatment of certain individuals with end stage renal
disease for determining minimum essential coverage.--Such
section is further amended in paragraph (2), by adding at the
end the following new subparagraph:
``(D) Treatment of certain individuals with end
stage renal disease for determining minimum essential
coverage.--In determining a coverage month under
subsection (c)(2)(B)(i) of section 36B of the Internal
Revenue Code of 1986, with respect to an individual
described in paragraph (1)(C), for purposes of the
premium assistance credit under such section and the
application of subsection (f)(2) of section 1402 of the
Patient Protection and Affordable Care Act for
determining eligibility for the reduction of cost-
sharing under such section, such individual shall not
be treated as having minimum essential coverage
described in section 5000A(f)(1)(A)(i) (relating to
coverage under Medicare) for each month that a group
health plan or health insurance issuer may not take
into account the individual's eligibility or
entitlement under this title pursuant to such paragraph
(1)(C).''.
SEC. 103. PROTECTING INDIVIDUALS WITH KIDNEY FAILURE FROM UNFAIR
PRACTICES.
(a) In General.--Section 1862(b)(1)(C)(ii) of the Social Security
Act (42 U.S.C. 1395y(b)(1)(C)(ii)) is amended to read as follows:
``(ii) may not differentiate in the
benefits it provides between individuals having
end stage renal disease and other individuals
covered by such plan or issuer on the basis of
the existence of end stage renal disease, the
need for renal dialysis, or in any other
manner, and such plan--
``(I) shall provide adequate,
advanced, written notification to
patients regarding changes to benefits
for dialysis services, new restrictions
on out-of-network access, or reductions
in rates paid for out-of-network
benefits for such services;
``(II) shall allow patients to
continue using their existing provider
or facility of such services for at
least 24 months following the date of
notice of any change by the plan or
issuer in the dialysis services network
of the plan or issuer;
``(III) shall hold patients
harmless from provider network changes
with respect to such services if such
changes require unreasonable drive time
or disrupt the physician-patient
relationship;
``(IV) may not restrict the
duration or number of dialysis sessions
for patients, such as based on a fixed
number of treatments per week, to less
than the number for which payment may
be made pursuant to section 1881(b)(1);
``(V) may not require assignment of
benefits for such services;
``(VI) shall ensure that out-of-
pocket payments for such services
(including if made on behalf of the
individual involved) are counted
towards meeting any out-of-pocket
maximum applied under an MA plan under
part C and not treated as routine for
purposes of calculating beneficiary
copayments;
``(VII) may not deny or limit
coverage for patients for such services
if premiums, copayments, or other
payments are made by third parties on
their behalf; and
``(VIII) shall meet minimum network
adequacy standards specified by the
Secretary with respect to such
services;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to group health plans and qualified health plans as of January 1,
2014.
TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH-QUALITY KIDNEY
CARE
SEC. 201. UNDERSTANDING THE PROGRESSION OF KIDNEY DISEASE IN MINORITY
POPULATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Health and Human Services shall complete a study
(and submit a report to Congress) on--
(1) the social, behavioral, and biological factors leading
to kidney disease; and
(2) efforts to slow the progression of kidney disease in
minority populations that are disproportionately affected by
such disease.
SEC. 202. RECOMMENDATIONS ON DIALYSIS QUALITY AND CARE MANAGEMENT
RESEARCH GAPS.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to Congress a
report regarding the research gaps with respect to the development of
quality metrics and care management metrics for patients with end-stage
renal disease, including pediatric and home dialysis patients. Such
report shall include recommendations about undertaking research to fill
such gaps and prioritizing such research.
SEC. 203. GAO STUDY ON TRANSPORTATION BARRIERS TO ACCESS KIDNEY CARE.
(a) In General.--The Comptroller General of the United States shall
conduct an evaluation of the transportation barriers facing dialysis
patients that result in less than 100 percent compliance with their
plan of care under the Medicare program.
(b) Specific Matters Evaluated.--In conducting the evaluation under
subsection (a), the Comptroller General shall examine--
(1) the costs associated with providing dialysis services;
(2) the number and characteristics of patients who miss at
least 2 dialysis treatments during a month or have shortened
treatments because of barriers to transportation; and
(3) the potential sources of providing dialysis patients
with such transportation services.
(c) Report.--Not later than the date that is 6 months after the
date of the enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection (a)
together with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH
KIDNEY DISEASE
SEC. 301. IMPROVING ACCESS TO MEDICARE KIDNEY DISEASE EDUCATION.
(a) In General.--Section 1861(ggg)(2) of the Social Security Act
(42 U.S.C. 1395x(ggg)(2)) is amended--
(1) by striking subparagraph (B); and
(2) in subparagraph (A)--
(A) by striking ``(A)'' after ``(2)'';
(B) by striking ``and'' at the end of clause (i);
(C) by striking the period at the end of clause
(ii) and inserting ``; and'';
(D) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(E) by adding at the end the following:
``(C) a renal dialysis facility subject to the
requirements of section 1881(b)(1) with personnel who--
``(i) provide the services described in
paragraph (1); and
``(ii) is a physician (as defined in
subsection (r)(1)) or a physician assistant,
nurse practitioner, or clinical nurse
specialist (as defined in subsection
(aa)(5)).''.
(b) Payment to Renal Dialysis Facilities.--Section 1881(b) of such
Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following
new paragraph:
``(15) For purposes of paragraph (14), the single payment for renal
dialysis services under such paragraph shall not take into account the
amount of payment for kidney disease education services (as defined in
section 1861(ggg)). Instead, payment for such services shall be made to
the renal dialysis facility on an assignment-related basis under
section 1848.''.
(c) Providing Education Services to Individuals With Kidney
Failure.--Section 1861(ggg)(1)(A) of the Social Security Act (42 U.S.C.
1395x(ggg)(1)(A)) is amended--
(1) by inserting ``or stage V'' after ``stage IV''; and
(2) by inserting ``and who is not receiving dialysis
services'' after ``chronic kidney disease''.
(d) Effective Date.--The amendments made by this section apply to
kidney disease education services furnished on or after January 1,
2013. | Kidney Disease Equitable Access, Prevention, and Research Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS), in specified circumstances, to accept the results of a state licensure survey for purposes of determining federal certification of the compliance of a renal dialysis facility (RDF) with the conditions of Medicare participation.
Allows the Secretary to assess and collect reasonable fees for the initial Medicare survey from an RDF.
Revises Medicare requirements for group health plans to extend from 12 to 42 months after an individual becomes eligible for Medicare part A (Hospital Insurance Benefits for the Aged and Disabled) benefits the period during which a group health plan is a primary payer (and Medicare the secondary payer) for end stage renal disease (ESRD) patients. Applies Medicare secondary payer requirements to qualified health plans under the Public Health Service Act. Prescribes the treatment of certain individuals with ESRD for purposes of determining minimum essential coverage. Requires such a plan to: (1) provide adequate, advanced written notice to patients regarding changes to benefits for dialysis services, new restrictions on out-of-network access, or reductions in rates paid for out-of-network benefits; (2) allow patients to continue using their existing provider or facility for dialysis services for at least 24 months after a plan or issuer notice of any change; (3) hold patients harmless from a provider network change if the change requires unreasonable drive time or disrupts the physician-patient relationship; (4) ensure that out-of-pocket payments for such services are counted towards meeting any out-of-pocket maximum applied under a MedicareAdvantage (MA) plan and are not treated as routine for purposes of calculating beneficiary copayments; and (5) meet minimum network adequacy standards. Prohibits such a plan from: (1) restricting the duration or number of dialysis sessions for patients to less than the number for which payment may be made; (2) requiring assignment of benefits for such services; or (3) denying or limiting coverage for patients for such services if premiums, copayments, or other payments are made by third parties on their behalf. Directs the Secretary to study: (1) the social, behavioral, and biological factors leading to kidney disease; and (2) efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by it. Directs the Secretary to report to Congress on the research gaps with respect to the development of quality metrics and care management metrics for ESRD patients. Directs the Comptroller General to evaluate the transportation barriers facing dialysis patients that result in less than 100% compliance with their plan of care under the Medicare program. Includes as a person qualified to furnish kidney disease education services an RDF with a physician or a physician assistant, nurse practitioner, or clinical nurse specialist. Declares that the mandatory single payment to an RDF or other provider of renal dialysis services shall not take into account the amount of payment for kidney disease education services. Revises the definition of “kidney disease education services” to specify education services furnished to individuals: (1) with stage V (as well as those with stage IV) chronic kidney disease, and (2) who are not receiving dialysis services. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners' Protection Act of
2008''.
SEC. 2. WAIVER OF COUNSELING REQUIREMENT WHEN HOUSES ARE IN
FORECLOSURE.
Section 109(h) of title 11, United States Code, is amended by
adding at the end the following:
``(5) The requirements of paragraph (1) shall not apply in a case
under chapter 13 with respect to a debtor who submits to the court a
certification that the debtor has received notice that the holder of a
claim secured by the debtor's principal residence may commence a
foreclosure on the debtor's principal residence.''.
SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322(b) of title 11, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12),
(2) in paragraph (10) by striking ``and'' at the end, and
(3) by inserting after paragraph (10) the following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law, with respect to a claim for a
debt for a loan secured by a security interest in the debtor's
principal residence that is the subject of a notice that a
foreclosure may be commenced, modify the rights of the holder
of such claim--
``(A) by reducing such claim to equal the value of
the interest of the debtor in such residence securing
such claim;
``(B) by waiving any otherwise applicable early
repayment or prepayment penalties;
``(C) if any applicable rate of interest is
adjustable under the terms of such security interest by
prohibiting, reducing, or delaying adjustments to such
rate of interest applicable on and after the date of
filing of the plan; and
``(D) by modifying the terms and conditions of such
loan--
``(i) to extend the repayment period for a
period that is the longer of 40 years (reduced
by the period for which such loan has been
outstanding) or the remaining term of such
loan, beginning on the date of the order for
relief under this chapter; and
``(ii) to provide for the payment of
interest accruing after the date of the order
for relief under this chapter at an annual
percentage rate calculated at a fixed annual
percentage rate, in an amount equal to the then
most recently published annual yield on
conventional mortgages published by the Board
of Governors of the Federal Reserve System, as
of the applicable time set forth in the rules
of the Board, plus a reasonable premium for
risk; and''.
SEC. 4. COMBATING EXCESSIVE FEES.
Section 1322(c) of title 11, the United States Code, is amended--
(1) in paragraph (1) by striking ``and'' at the end,
(2) in paragraph (2) by striking the period at the end and
inserting a semicolon, and
(3) by adding at the end the following:
``(3) the debtor, the debtor's property, and property of
the estate are not liable for a fee, cost, or charge that is
incurred while the case is pending and arises from a debt that
is secured by the debtor's principal residence except to the
extent that--
``(A) the holder of the claim for such debt files
with the court notice of such fee, cost, or charge
before the earlier of--
``(i) 1 year after such fee, cost, or
charge is incurred; or
``(ii) 60 days before the closing of the
case; and
``(B) such fee, cost, or charge--
``(i) is lawful under applicable
nonbankruptcy law, reasonable, and provided for
in the applicable security agreement; and
``(ii) is secured by property the value of
which is greater than the amount of such claim,
including such fee, cost, or charge;
``(4) the failure of a party to give notice described in
paragraph (3) shall be deemed a waiver of any claim for fees,
costs, or charges described in paragraph (3) for all purposes,
and any attempt to collect such fees, costs, or charges shall
constitute a violation of section 524(a)(2) or, if the
violation occurs before the date of discharge, of section
362(a); and
``(5) a plan may provide for the waiver of any prepayment
penalty on a claim secured by the debtor's principal
residence.''.
SEC. 5. CONFIRMATION OF PLAN.
Section 1325(a) of title 11, the United States Code, is amended--
(1) in paragraph (8) by striking ``and'' at the end,
(2) in paragraph (9) by striking the period at the end and
inserting a semicolon, and
(3) by inserting after paragraph (9) the following:
``(10) notwithstanding subclause (I) of paragraph
(5)(B)(i), the plan provides that the holder of a claim whose
rights are modified pursuant to section 1322(b)(11) retain the
lien until the later of--
``(A) the payment of such claim as reduced and
modified; or
``(B) discharge under section 1328; and
``(11) the plan modifies a claim in accordance with section
1322(b)(11), and the court finds that such modification is in
good faith.''.
SEC. 6. DISCHARGE.
Section 1328 of title 11, the United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(other than payments to holders
of claims whose rights are modified under section
1322(b)(11)'' after ``paid'' the 1st place it appears,
and
(B) in paragraph (1) by inserting ``or, to the
extent of the unpaid portion of the claim as reduced,
provided for in section 1322(b)(11)'' after
``1322(b)(5)'', and
(2) in subsection (c)(1) by inserting ``or, to the extent
of the unpaid portion of the claim as reduced, provided for in
section 1322(b)(11)'' after ``1322(b)(5)''.
SEC. 7. 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. | Homeowners' Protection Act of 2008 - Amends the federal bankruptcy code to eliminate the pre-petition credit counseling requirement for a debtor under chapter 13 (Adjustment of Debts of an Individual with Regular Income) who is facing foreclosure, if the debtor submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence foreclosure.
Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period.
Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements.
Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith.
Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bullying Redress and Verified
Enforcement Act'' or the ``BRAVE Act''.
SEC. 2. REPORTING REQUIREMENTS.
Part F of title VIII of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the
following:
``Subpart 6--Bullying
``SEC. 8581. OFFICIAL REPORTING REQUIREMENTS.
``(a) Report of Bullying.--
``(1) In general.--Subject to paragraph (2), a local
educational agency shall require an employee of the local
educational agency who becomes aware of bullying to report to
the individual designated under subsection (b) by not later
than 7 business days after becoming aware of such bullying a
description of--
``(A) the acts that constituted bullying;
``(B) if the bullying included a reference to or
was motivated by an actual or perceived protected
characteristic of the victim, such protected
characteristic; and
``(C) the response to such bullying by employees of
the local educational agency.
``(2) Exception.--Notwithstanding paragraph (1), in the
case of an employee of a local educational agency who is
informed of bullying by a student attending a school served by
the local educational agency, but the student requests that
such bullying not be reported by the employee, the employee
shall not be required to report such bullying under paragraph
(1).
``(b) Receipt of Reports.--A local educational agency shall
designate an individual to receive and keep a record of reports of
bullying and shall inform each employee of the local educational agency
of the contact information of the individual so designated.
``(c) Reporting to the Local Educational Agency.--Not later than 60
days after the date of the receipt of a report under subsection (a)(1),
the individual designated under subsection (b) shall inform all
employees of the local educational agency of the acts described and the
response by employees of the local educational agency and shall exclude
any personally identifiable information of any student involved.
``(d) Publicly Available Quarterly Reports.--
``(1) In general.--Subject to paragraph (1), a local
educational agency shall publish and make available to all
students served by the local educational agency and parents of
such students a report on a quarterly basis that--
``(A) lists the number of bullying reports made
since the previous quarterly report; and
``(B) informs the public of the right to file a
complaint under section 8582(b)(2).
``(2) Exception.--A local educational agency shall not
publish a report under paragraph (1) in a case in which such
publication would reveal personally identifiable information
about an individual student.
``(e) Annual Policy Review.--Each local educational agency shall
review, on an annual basis, the policies on bullying for schools served
by the local educational agency.
``SEC. 8582. FEDERAL ENFORCEMENT.
``(a) Condition of Federal Funding.--As a condition of receiving
funds under this Act, a local educational agency shall--
``(1) annually certify to the Secretary in writing that
such local educational agency has complied with this section;
and
``(2) together with such certification, submit the 4 most
recent quarterly reports published preceding such certification
pursuant to section 8581(d).
``(b) Federal Receipt of Complaints.--The Assistant Secretary who
serves as the head of the Office of Civil Rights for the Department of
Education shall--
``(1) establish a procedure for a student of a local
educational agency, a parent of such student, or another
appropriate individual to submit to the Assistant Secretary a
complaint relating to a failure to comply with this section;
and
``(2) publish such procedure on the Internet website of the
Department of Education.
``(c) Federal Response to Complaints.--After receiving a complaint
pursuant to subsection (b), the Assistant Secretary shall--
``(1) investigate such complaint to determine if a local
educational agency failed to comply with this section; and
``(2) if such local educational agency is determined under
paragraph (1) to have failed to comply with this section--
``(A) withhold further payment of funds under this
Act to such local educational agency;
``(B) issue a complaint to compel compliance of
such local educational agency through a cease and
desist order; or
``(C) enter into a compliance agreement with such
local educational agency to bring it into compliance
with this section,
in the same manner as the Secretary is authorized to take such
actions under sections 455, 456, and 457, respectively, of the
General Education Provisions Act.
``(d) Public Availability of Information About Complaints.--Not
later than 60 days after receiving a complaint pursuant to subsection
(b)(2), the Assistant Secretary shall make available on the Internet
website of the Department information about such complaint, which
shall--
``(1) if the bullying included a reference to or was
motivated by an actual or perceived protected characteristic of
the victim, include a description of such protected
characteristic; and
``(2) exclude any personally identifiable information of
any student involved.
``SEC. 8583. DEFINITIONS.
``In this subpart:
``(1) Bullying.--The term `bullying' means any severe,
pervasive, or persistent electronic, written, verbal, or
physical act by one student or a group of students toward
another student during school hours and on school premises, or
at a school-sponsored activity outside of school hours, that
causes--
``(A) harm to or reasonable concern for the person,
property, or mental health of such other student; or
``(B) such other student to withdraw from or avoid
benefitting from the services, activities, or
opportunities offered by the school.
``(2) Protected characteristic.--The term `protected
characteristic' includes race, color, sex, religion, national
origin, disability, gender, gender identity, and sexual
orientation.''.
SEC. 3. TABLE OF CONTENTS.
The table of contents for the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the
item relating to section 8574, the following:
``subpart 6--bullying
``Sec. 8581. Official reporting requirements.
``Sec. 8582. Federal enforcement.
``Sec. 8583. Definitions.''. | Bullying Redress and Verified Enforcement Act or the BRAVE Act This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency (LEA) employee who becomes aware of bullying to report to an LEA-designated individual, within seven business days: (1) the acts that constituted the bullying; (2) the victim's protected characteristic, whether actual or perceived, if the bullying included a reference to or was motivated by such characteristic; and (3) the response of the LEA's employees to the bullying. The LEA-designated individual must, within 60 days after receiving such a report, inform all the LEA's employees of the acts described and the response of the LEA's employees. Each LEA shall annually review its policies on bullying. In addition, each LEA must publish and make available to students and parents a quarterly report that: (1) lists the number of bullying reports made since the previous quarterly report, and (2) informs the public of the right to file a complaint with the Office of Civil Rights (OCR) within the Department of Education (ED). OCR shall: (1) establish and publish complaint procedures; (2) investigate each complaint; (3) withhold ESEA funds from, issue a complaint against, or enter into a compliance agreement with any noncompliant LEA; and (4) make information about each complaint available on ED's website. The bill conditions an LEA's receipt of ESEA funds on its: (1) annual written certification to ED that it is in compliance with the bill's requirements, and (2) submission of its four most recent quarterly reports on bullying. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Private Sector Office Engagement
Act of 2014''.
SEC. 2. PRIVATE SECTOR OFFICE.
(a) In General.--Subsection (f) of section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112) is amended to read as follows:
``(f) Authorization.--
``(1) In general.--There is within the Department an office
to be known as the `Private Sector Office' (in this section
referred to as the `Office'). The Office shall be headed by the
Assistant Secretary for Private Sector Coordination, who shall
be appointed by the Secretary.
``(2) Mission.--The mission of the Private Sector Office
shall be to--
``(A) create and foster strategic engagement with
the private sector to enhance the primary mission of
the Department to protect the United States; and
``(B) conduct ongoing economic impact analysis to
reduce the burden of Department decisions, regulations,
and initiatives on the private sector and the United
States economy.
``(3) Qualifications of the assistant secretary.--The
Assistant Secretary for Private Sector Coordination shall
have--
``(A) a minimum of ten years of professional
experience working in the private sector;
``(B) a minimum of five years of management
experience; and
``(C) a basic knowledge of the regulatory process.
``(4) Deputy assistant secretary.--The Office shall have a
Deputy Assistant Secretary. Such position shall be part of the
career civil service and the individual serving in such
position shall satisfy the qualifications specified in
paragraph (3) relating to the Assistant Secretary, except that
the ten year professional experience requirement under
subparagraph (A) of such paragraph may be satisfied by a
combination of engaging with or working in the private sector.
``(5) Responsibilities.--The Assistant Secretary for
Private Sector Coordination shall--
``(A) create a strategic plan for the Office, to be
updated or affirmed at a minimum each time there is a
new Assistant Secretary;
``(B) advise, inform, and assist the Secretary
regarding the impact on the private sector of the
Department's policies, regulations, processes, and
actions;
``(C) analyze and report to the Secretary and other
appropriate Department officials regarding the economic
impact of changes in homeland security policy,
including all regulations originating from the
Department before such regulations are available for
comment in the Federal Register;
``(D) determine what actions, if any, are needed to
reduce associated homeland security burdens on the
private sector, including unnecessary barriers to
private sector job creation;
``(E) create and foster strategic engagement with
the private sector to improve homeland security;
``(F) coordinate private sector efforts, with
respect to functions of the Department and throughout
all components of the Department, to identify private
sector resources and capabilities that could be
effective in augmenting Federal, State, and local
government agency efforts to prevent or respond to an
incident;
``(G) in coordination with appropriate components
of the Department, encourage and promote to the private
sector best practices regarding cyber security and
critical infrastructure protection;
``(H) provide information to the private sector
regarding voluntary preparedness and the business
justification for resilience;
``(I) advise the Secretary regarding the
Department's collective recommendation in evaluating
commercial actions pending with other relevant Federal
agencies with homeland security related functions;
``(J) provide technical assistance across the
Department on issues related to international trade,
aviation security, supply chain security, global
customs modernization, trade facilitation, and
intellectual property rights;
``(K) promote existing public-private partnerships
and develop new public-private partnerships to provide
for collaboration and mutual support to address
homeland security challenges;
``(L) create and manage private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary to advise the
Secretary regarding--
``(i) private sector solutions as such
relate to homeland security challenges;
``(ii) homeland security policies,
regulations, processes, and actions that affect
such industries and associations; and
``(iii) private sector preparedness issues,
including effective methods for--
``(I) promoting voluntary
preparedness standards to the private
sector; and
``(II) assisting the private sector
in adopting voluntary preparedness
standards; and
``(M) collaborate with the Chief Human Capital
Officer to facilitate the DHS Loaned Executive Program
through which the Department can obtain ad hoc, unpaid,
short-term expertise through appointment of appropriate
individuals from the private sector to provide critical
skills that, to be fully utilized, require an
appointment as an employee and cannot be obtained
through other existing hiring mechanisms.
``(6) Accountability.--
``(A) In general.--Not later than 120 days after
the date of the enactment of this Act, the Office shall
develop objective output and outcome-based performance
metrics and measures that will be maintained over time.
``(B) Biannual assessments.--The Comptroller
General of the United States shall perform biannual
assessments of the Office's performance metrics and
measures referred to in subparagraph (A), including an
evaluation of the accuracy of the economic impact
analysis conducted under paragraph (2)(A).
``(C) Annual briefings.--The Assistant Secretary
shall annually brief the Committee on Homeland Security
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate on the activities and performance metrics and
measures of the Office.
``(7) Sunset and reevaluation.--The authorization under
this subsection shall expire on December 31, 2018. The
Secretary shall conduct an assessment of the Office
concurrently with the next Quadrennial Homeland Security Review
required under section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) that is required after the date of the enactment
of this subsection, and submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate
information on the following:
``(A) Office performance against the performance
metrics and measures referred to in paragraph (6)(A).
``(B) Office strategic plan.
``(C) The results of the biannual assessments under
paragraph (6)(B).
``(D) Input from relevant private sector
stakeholders and Congress.
``(8) Miscellaneous.--The Office shall not duplicate the
functions of the Chief Procurement Officer as the Department's
primary liaison for industry or the Office of Small and
Disadvantaged Business Utilization regarding potential goods or
services the Department may acquire.''.
(b) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out this
Act and the amendments made by this Act. This Act and such amendments
shall be carried out using amounts otherwise available for such
purposes. | DHS Private Sector Office Engagement Act of 2014 - Amends the Homeland Security Act of 2002 to replace provisions directing the Secretary of Homeland Security (DHS) to appoint a Special Assistant responsible for private sector matters with provisions establishing within DHS a Private Sector Office, to be headed by an Assistant Secretary for Private Sector Coordination. Establishes as the Office's mission to: (1) create and foster strategic engagement with the private sector to enhance the primary mission of DHS to protect the United States; and (2) conduct ongoing economic impact analysis to reduce the burden of DHS decisions, regulations, and initiatives on the private sector and the U.S. economy. Includes among the Assistant Secretary's responsibilities: to create a strategic plan for the Office; to advise the Secretary regarding the impact of DHS's policies, regulations, processes, and actions on the private sector; to analyze the economic impact of changes in homeland security policy; to determine actions needed to reduce associated homeland security burdens on the private sector; to foster strategic engagement with the private sector to improve homeland security; to promote to the private sector best practices regarding cyber security and critical infrastructure protection; to promote and develop public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; and to collaborate with the Chief Human Capital Officer to facilitate the DHS Loaned Executive Program. Terminates the Office on December 31, 2018. Directs the Secretary to conduct an assessment of the Office concurrently with the next Quadrennial Homeland Security Review. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Veterans Exposed to Burn
Pits Act''.
SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS
RELATING TO EXPOSURE TO BURN PITS AND OTHER ENVIRONMENTAL
EXPOSURES.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish within the Department of Veterans Affairs a center of
excellence in the prevention, diagnosis, mitigation, treatment, and
rehabilitation of health conditions relating to exposure to burn pits
and other environmental exposures to carry out the responsibilities
specified in subsection (d). Such center shall be established using--
(1) the directives, policies, and Comptroller General and
Inspector General recommendations in effect as of the date of
the enactment of this Act; and
(2) guidance issued pursuant to section 313 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1692; 10 U.S.C. 1074 note).
(b) Selection of Sites.--In selecting the site for the center of
excellence established under subsection (a), the Secretary of Veterans
Affairs shall consider entities that--
(1) are equipped with the specialized equipment needed to
study, diagnose, and treat health conditions relating to
exposure to burn pits and other environmental exposures;
(2) have a publication track record of post-deployment
health exposures among veterans who served in the Armed Forces
in support of Operation Iraqi Freedom and Operation Enduring
Freedom;
(3) have collaborated with a geosciences department that
has a medical geology division;
(4) have developed animal models and in vitro models of
dust immunology and lung injury consistent with the injuries of
members of the Armed Forces who served in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
(5) have expertise in allergy and immunology, pulmonary
diseases, and industrial and management engineering.
(c) Collaboration.--The Secretary shall ensure that the center of
excellence collaborates, to the maximum extent practicable, with the
Secretary of Defense, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(d).
(d) Responsibilities.--The center of excellence shall have the
following responsibilities:
(1) To provide for the development, testing, and
dissemination within the Department of Veterans Affairs of best
practices for the treatment of health conditions relating to
exposure to burn pits and other environmental exposures.
(2) To provide guidance for the health system of the
Department of Veterans Affairs and the Department of Defense in
determining the personnel required to provide quality health
care for members of the Armed Forces and veterans with health
conditions relating to exposure to burn pits and other
environmental exposures.
(3) To establish, implement, and oversee a comprehensive
program to train health professionals of the Department of
Veterans Affairs and the Department of Defense in the treatment
of health conditions relating to exposure to burn pits and
other environmental exposures.
(4) To facilitate advancements in the study of the short-
term and long-term effects of exposure to burn pits and other
environmental exposures.
(5) To disseminate within the military medical treatment
facilities of the Department of Veterans Affairs best practices
for training health professionals with respect to health
conditions relating to exposure to burn pits and other
environmental exposures.
(6) To conduct basic science and translational research on
health conditions relating to exposure to burn pits and other
environmental exposures for the purposes of understanding the
etiology of such conditions and developing preventive
interventions and new treatments.
(7) To provide medical treatment to all veterans identified
as part of the burn pits registry established under section 201
of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(e) Use of Burn Pits Registry Data.--In carrying out its
responsibilities under subsection (d), the center shall have access to
and make use of the data accumulated by the burn pits registry
established under section 201 of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
(f) Definitions.--In this section:
(1) The term ``burn pit'' means an area of land located in
Afghanistan or Iraq that--
(A) is designated by the Secretary of Defense to be
used for disposing solid waste by burning in the
outdoor air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed
and manufactured for the burning of solid waste.
(2) The term ``other environmental exposures'' means
exposure to environmental hazards, including burn pits, dust or
sand, hazardous materials, and waste at any site in Afghanistan
or Iraq that emits smoke containing pollutants present in the
environment or smoke from fires or explosions.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2016 through 2021. | Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure; have a publication track record of post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom; have collaborated with a geosciences department that has a medical geology division; have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such Operations; and have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals; provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions; establish, implement, and oversee a comprehensive program to train VA and DOD health professionals in the treatment of such conditions; facilitate advancements in the study of the short-term and long-term effects of such exposure; conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments; and provide medical treatment to all veterans identified as part of the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012. The center shall have access to and make use of the data accumulated by such registry. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lobbying Transparency Act of 2007''.
SEC. 2. QUARTERLY REPORTS BY REGISTERED LOBBYISTS ON CONTRIBUTIONS
BUNDLED FOR CERTAIN RECIPIENTS.
(a) In General.--Section 5 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1604) is amended by adding at the end the following new
subsection:
``(d) Quarterly Reports on Contributions Bundled For Certain
Recipients.--
``(1) In general.--Not later than 45 days after the end of
the quarterly period beginning on the first day of January,
April, July, and October of each year, each registered lobbyist
who bundles 2 or more contributions made to a covered recipient
in an aggregate amount exceeding $5,000 for such covered
recipient during such quarterly period shall file a report with
the Secretary of the Senate and the Clerk of the House of
Representatives containing--
``(A) the name of the registered lobbyist;
``(B) in the case of an employee, his or her
employer; and
``(C) the name of the covered recipient to whom the
contribution is made, and to the extent known the
aggregate amount of such contributions (or a good faith
estimate thereof) within the quarter for the covered
recipient.
``(2) Exclusion of certain information.--In filing a report
under paragraph (1), a registered lobbyist shall exclude from
the report any information described in paragraph (1)(C) which
is included in any other report filed by the registered
lobbyist with the Secretary of the Senate and the Clerk of the
House of Representatives under this Act.
``(3) Requiring submission of information prior to filing
reports.--Not later than 25 days after the end of a period for
which a registered lobbyist is required to file a report under
paragraph (1) which includes any information described in such
section with respect to a covered recipient, the registered
lobbyist shall transmit by certified mail to the covered
recipient involved a statement containing--
``(A) the information that will be included in the
report with respect to the covered recipient;
``(B) the source of each contribution included in
the aggregate amount referred to in paragraph (1)(C)
which the registered lobbyist bundled for the covered
recipient during the period covered by the report and
the amount of the contribution attributable to each
such source; and
``(C) a notification that the covered recipient has
the right to respond to the statement to challenge and
correct any information included before the registered
lobbyist files the report under paragraph (1).
``(4) Definition of registered lobbyist.--For purposes of
this subsection, the term `registered lobbyist' means a person
who is registered or is required to register under paragraph
(1) or (2) of section 4(a), or an individual who is required to
be listed under section 4(b)(6) or subsection (b).
``(5) Definition of bundled contribution.--For purposes of
this subsection, a registered lobbyist `bundles' a contribution
if--
``(A) the contribution is received by a registered
lobbyist for, and forwarded by a registered lobbyist
to, the covered recipient to whom the contribution is
made; or
``(B) the contribution will be or has been credited
or attributed to the registered lobbyist through
records, designations, recognitions or other means of
tracking by the covered recipient to whom the
contribution is made.
``(6) Other definitions.--In this subsection--
``(A) the term `contribution' has the meaning given
such term in the Federal Election Campaign Act of 1971
(2 U.S.C. 431 et seq.), except that such term does not
include a contribution in an amount which is less than
$200;
``(B) the terms `candidate', `political committee',
and `political party committee' have the meaning given
such terms in the Federal Election Campaign Act of 1971
(2 U.S.C. 431 et seq.);
``(C) the term `covered recipient' means a Federal
candidate, an individual holding Federal office, a
leadership PAC, a multicandidate political committee
described in section 315(a)(4) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(4)), or a
political party committee; and
``(D) the term `leadership PAC' means, with respect
to an individual holding Federal office, an
unauthorized political committee which is associated
with such individual, except that such term shall not
apply in the case of a political committee of a
political party.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the second quarterly period described in section
5(d)(1) of the Lobbying Disclosure Act of 1995 (as added by subsection
(a)) which begins after the date of the enactment of this Act and each
succeeding quarterly period.
Passed the House of Representatives May 24, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Lobbying Transparency Act of 2007 - Amends the Lobbying Disclosure Act of 1995 to require a registered lobbyist who bundles two or more contributions made (in an aggregate amount exceeding $5,000) to a covered recipient during a quarterly period to: (1) file a quarterly report with the Secretary of the Senate and the Clerk of the House of Representatives; and (2) notify the covered recipient by certified mail before filing such report.
Requires the notification to express the covered recipient's right to respond to the statement to challenge and correct any information included before the registered lobbyist files such report.
Defines "covered recipient" as a federal candidate, an individual holding federal office, a leadership PAC (an unauthorized political committee which is associated with an individual holding federal office, excluding a political committee of a political party), a multicandidate political committee, or a political party committee. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of State Authorities Act,
Fiscal Year 2017, Improvements Act''.
SEC. 2. REPORTS.
(a) Omnibus Diplomatic Security and Antiterrorism Act of 1986.--
Section 104(a) of the Omnibus Diplomatic Security and Antiterrorism Act
of 1986, as added by section 101 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323), is amended by inserting
``and the Committees on Appropriations of the Senate and the House of
Representatives'' after ``appropriate congressional committees''.
(b) Annual Report on Embassy Construction Costs.--Section 118(a) of
the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323) is amended by inserting ``and the Committees on Appropriations
of the Senate and the House of Representatives'' after ``appropriate
congressional committees''.
(c) Oversight of and Accountability for Peacekeeper Abuses.--
Section 301(a) of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323) is amended by inserting ``and the Committees
on Appropriations of the Senate and the House of Representatives''
after ``appropriate congressional committees''.
(d) Workforce Rightsizing Report.--Section 405(c) of the Department
of State Authorities Act, Fiscal Year 2017 (Public Law 114-323) is
amended by inserting ``and the Committees on Appropriations of the
Senate and the House of Representatives'' after ``appropriate
congressional committees''.
(e) Consular Immunity.--Subsection (b)(2) of section 4 of the
Diplomatic Relations Act (22 U.S.C. 254c), as added by section 501 of
the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323), is amended by striking ``of the House of Representatives and
the Committee on Foreign Relations'' and inserting ``and the Committee
on Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations''.
(f) Western Hemisphere Drug Policy Commission Report.--Section
602(c) of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323) is amended--
(1) by inserting ``and the Committee on Appropriations'' after
``Committee on Foreign Affairs''; and
(2) by inserting ``and the Committee on Appropriations'' after
``Committee on Foreign Relations'';
SEC. 3. PEACEKEEPING TRAINING.
Section 301 of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323) is amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``enhance the discovery''
and inserting ``investigate allegations'';
(B) in paragraph (2), by striking ``adequately respond to
complaints about such offenses by carrying out swift and
effective disciplinary action against the personnel'' and
inserting ``appropriately hold accountable personnel''; and
(C) in paragraph (3), by inserting ``, including
compensation to victims, as appropriate'' after ``responses to
such offenses'';
(2) in subsection (f)(2), by striking ``any individual who
commits an act'' and inserting ``personnel who are found to have
committed acts''; and
(3) in subsection (g)(1), by striking ``noteworthy''.
SEC. 4. QUALIFICATIONS OF THE UNITED NATIONS SECRETARY GENERAL.
Section 310 of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323) is amended--
(1) in subsection (b), by striking ``The descriptions referred
to in subsection (a) shall include the following elements'' and
inserting ``In addition to the descriptions referred to in
subsection (a), each such candidate shall be urged to describe the
following''; and
(2) in subsection (c), by striking ``such l'' and inserting
``such agenda''.
SEC. 5. POLICY REGARDING THE UNITED NATIONS HUMAN RIGHTS COUNCIL.
Section 311(a)(2) of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by striking ``and'' at the end; and
(3) by adding at the end the following new subparagraphs:
``(E) which has been designated as a Tier 3 country in the
annual Department of State Trafficking in Persons Report under
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107); or
``(F) which is identified as having failed to prevent or
address gross violations of human rights in the annual
Department of State Human Rights Report under the Foreign
Assistance Act of 1961 and the Trade Act of 1974; and''.
SEC. 6. COMPARATIVE REPORT ON PEACEKEEPING OPERATIONS.
Section 313 of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323) is amended--
(1) by inserting ``and the Committees on Appropriations of the
Senate and the House of Representatives'' after ``appropriate
congressional committees'';
(2) by amending paragraph (1) to read as follows:
``(1) a comparison of the costs of current United Nations
peacekeeping operations, including the costs incurred by the United
States for such operations, and the estimated cost of such
operations if implemented unilaterally by the United States;'';
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1), as amended by paragraph
(2) of this section, the following new paragraph:
``(2) an assessment of the operational, structural, and
doctrinal differences between the military and civilian
infrastructures of the United States and United Nations and other
assumptions that impact cost estimates; and''.
SEC. 7. LATERAL ENTRY INTO THE FOREIGN SERVICE.
Section 404(a) of the Department of State Authorities Act, Fiscal
Year 2017 (Public Law 114-323) is amended by striking ``outstanding''.
SEC. 8. COMBATING INTOLERANCE.
The section heading of section 419 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323) is amended by
striking ``anti-semitism'' and inserting ``intolerance''.
SEC. 9. TECHNICAL CORRECTIONS REGARDING COMPLETION OF WESTERN
HEMISPHERE DRUG POLICY COMMISSION REPORT.
Section 603 of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323) is amended--
(1) in subsection (f)(1), by striking ``section 362'' and
inserting ``section 602(c)''; and
(2) by amending subsection (h) to read as follows:
``(h) Compensation.--Members of the Commission shall serve without
pay or benefits.''.
SEC. 10. TECHNICAL CORRECTION REGARDING POWERS OF WESTERN HEMISPHERE
DRUG POLICY COMMISSION.
Section 604 of the Department of State Authorities Act, Fiscal Year
2017 (Public Law 114-323) is amended by adding at the end the following
new subsection:
``(f) Gifts, Bequests, and Devises.--The Commission may solicit,
accept, use, and dispose of gifts, bequests, or devises of money,
services, or property, both real and personal, for the purpose of
carrying out any duty, power, or authority of the Commission.''.
SEC. 11. BROADCASTING BOARD OF GOVERNORS.
Section 703(b)(2) of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323) is amended by striking ``any
significant restructuring,''.
SEC. 12. RANSOMS TO FOREIGN TERRORIST ORGANIZATIONS.
Section 709(a) of the Department of State Authorities Act, Fiscal
Year 2017 (Public Law 114-323) is amended by inserting ``, to the
extent practicable,'' before ``transmit''.
SEC. 13. RESTORATION OF TIBET REPORT.
Section 613 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228, 22 U.S.C. 6901 note), as amended by section
715(b)(1) of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), is further amended--
(1) in subsection (a), by striking ``In General'' and inserting
the following: ``Policy.--
``(1) In general.--'';
(2) by redesignating subsection (b) as paragraph (2) and moving
such paragraph, as so redesignated, two ems to the right; and
(3) by adding at the end the following new subsection:
``(b) Periodic Reports.--Not later than 180 days after the date of
the enactment of the Department of State Authorities Act, Fiscal Year
2017, Improvements Act, and annually thereafter until December 31,
2021, the President shall transmit to the appropriate congressional
committees a report on--
``(1) the steps taken by the President and the Secretary in
accordance with subsection (a)(1) to implement the Tibetan Policy
Act of 2002; and
``(2) the status of any discussions between the People's
Republic of China and the Dalai Lama or his representatives or a
successor selected by a method of the 14th Dalai Lama's own
choosing or the representatives of such successor.''.
SEC. 14. DEPARTMENT OF STATE REORGANIZATIONS.
The report required under subsection (l) of section 7034 of the
Consolidated Appropriations Act, 2017 (Public Law 115-31) shall also be
provided to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations in the Senate
concurrent with the submission of such report to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate pursuant to such subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Department of State Authorities Act, Fiscal Year 2017, Improvements Act This bill makes technical changes to the Department of State Authorities Act, Fiscal Year 2017 and other related Acts. The bill provides the House and Senate Appropriations Committees with oversight authority regarding congressional reports on: (1) high-risk diplomatic and consular posts, (2) embassy construction costs, (3) combating sexual exploitation in United Nations (U.N.) peacekeeping operations, (4) Department of State overseas staffing levels, and (5) reducing illicit drug supply and abuse in the Western Hemisphere. The bill provides such committees with oversight authority regarding the granting of consular immunity. The Department of State Authorities Act, Fiscal Year 2017 is amended regarding: (1) replacement of a specified reference to anti-Semitism with a reference to intolerance; (2) the definition of "change to the federal status" with respect to the Cuba Service and the Television Marti Service; (3) the report on the costs, strengths, and limitations of U.S. and U.N. peacekeeping operations; (4) U.N. peacekeeper training to reduce sexual exploitation; (5) the U.N. Secretary General; (6) Foreign Service entry; (7) completion of the Western Hemisphere Drug Policy Commission report; and (8) ransoms to foreign terrorist organizations. The United States should use its influence to prohibit U.N. Human Rights Council membership to a country: (1) designated as a Tier 3 human trafficking country, or (2) identified as having failed to prevent or address gross violations of human rights. The President shall report to Congress regarding steps taken to encourage China to enter into a dialogue with the Dalai Lama leading to a negotiated agreement on Tibet. | billsum_train |
Condense the following text into a summary: SECTION 1. FINDINGS.
The Congress finds the following:
(1) Air medical critical care transport is an essential
component of the healthcare system.
(2) The presence of air medical services in rural areas
provides tens of millions of rural Americans with access to
critical care within an hour of injury.
(3) As an emergency responder, air medical providers must
maintain readiness 24 hours a day and 7 days a week.
(4) Air medical providers transport all emergent patients
for which they are dispatched regardless of insurance status or
ability to pay.
(5) The air ambulance fee schedule under the Medicare
program was first implemented in 2002 and developed through
negotiated rulemaking, which required the new fee schedule to
be created in a budget neutral manner. As such, the Medicare
air ambulance fee schedule has never reflected true costs.
(6) Since the implementation of the air ambulance fee
schedule under the Medicare program, reimbursements have only
been adjusted by inflationary updates averaging 2.2 percent a
year.
(7) Operational readiness and safety enhancement costs have
grown at a far faster rate than the Medicare inflationary
updates, creating a fundamental imbalance within the air
ambulance fee schedule.
(8) It is imperative that balance be restored to the air
ambulance fee schedule to preserve access to timely care for
tens of millions of Americans.
SEC. 2. AIR AMBULANCE DATA REPORTING PROGRAM.
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is
amended--
(1) in paragraph (3)(B), by striking ``subparagraph (C)''
and inserting ``subparagraph (C) and paragraph (16)''; and
(2) by adding at the end the following new paragraphs:
``(16) Air ambulance data reporting program.--
``(A) Reduction in update for failure to report.--
``(i) In general.--With respect to air
ambulance services furnished by a supplier or
provider of air ambulance services during 2017
or any subsequent year, in the case the
supplier or provider does not submit data to
the Secretary in accordance with subparagraph
(C) with respect to such year, after
determining the percentage increase under
paragraph (3)(B), and after application of
paragraph (3)(C), the Secretary shall reduce
such percentage increase for payments under the
fee schedule under this subsection during such
year by 2.0 percentage points.
``(ii) Special rule.--The application of
this subparagraph may result in such percentage
increase being less than 0.0 for a year, and
may result in payment rates under the fee
schedule under this subsection for a year being
less than such payment rates for the preceding
year.
``(B) Noncumulative application.--Any reduction
under subparagraph (A) shall apply only with respect to
the year involved and the Secretary shall not take into
account such reduction in computing the payment amount
under the fee schedule under this subsection for a
subsequent year.
``(C) Submission of data.--For 2017 and each
subsequent year, for purposes of this paragraph, each
supplier or provider of air ambulance services shall
submit to the Secretary data specified under
subparagraph (D) for the reporting period (specified by
the Secretary) for the year. Such data shall be
submitted in a form and manner, and at a time,
specified by the Secretary for purposes of this
subparagraph.
``(D) Data.--For purposes of reporting data for air
ambulance services furnished during a year, the data
described in this subparagraph are cost data on the
following:
``(i) Maintenance of aircrafts.
``(ii) Medical supplies.
``(iii) Fuel.
``(iv) Employee expenses.
``(v) Recurring training relating to
aviation, maintenance, communication, and
clinical.
``(vi) Rent and utilities.
``(vii) Communications.
``(viii) Travel.
``(ix) Hull and aviation liability
insurance, life insurance, and professional
malpractice insurance.
``(x) Marketing.
``(xi) Supplies.
``(xii) Overhead support.
``(xiii) Aircraft ownership expenses.
``(xiv) Safety enhancement capital costs.
``(xv) Safety enhancement recurring costs.
``(E) Voluntary reporting on quality measures.--Not
later than January 1, 2018, the Secretary shall select
no less than two quality measures with respect to which
providers and suppliers of air ambulance services may
voluntarily submit to the Secretary data. In selecting
such measures, the Secretary shall consider the
following:
``(i) Ventilator use in patients with
advanced airways.
``(ii) Blood glucose check for altered
mental status.
``(iii) Waveform capnography for ventilated
patients.
``(iv) First attempt tracheal tube success.
``(v) DASH 1A-definitive airway sans
hypoxia/hypotension on first attempt.
``(vi) Verification of tracheal tube
placement.
``(vii) Medication errors on transport.
``(viii) Rapid sequence intubation protocol
compliance.
``(ix) Unplanned dislodgements of
therapeutic devices.
``(x) Rate of serious reportable events.
``(xi) Medical equipment failure.
``(F) Reports.--
``(i) By secretary.--Not later than July 1,
2019, subject to clause (iii), the Secretary
shall submit to Congress a report on the data
described in subparagraph (E) submitted to the
Secretary.
``(ii) By comptroller general.--Not later
than July 1, 2019, subject to clause (iii), the
Comptroller General of the United States shall
submit to Congress a report on the data
described in subparagraph (D) and subparagraph
(E) submitted under this paragraph. Such report
shall include a recommendation on the adequate
amount of reimbursement under this title to
providers and suppliers of air ambulance
services for furnishing such services that
would reflect operational costs of such
providers and suppliers and preserve access to
critical air medical services and such other
recommendations as the Comptroller General
deems appropriate.
``(iii) Limitation.--The reports submitted
under subclauses (i) and (ii) shall not include
any information that the Secretary or
Comptroller General, respectively, determines
is proprietary.
``(17) Increase in payment for air ambulance services.--
``(A) In general.--Subject to subparagraph (B), In
the case of air ambulance services furnished on or
after January 1, 2017, and before January 1, 2021, the
Secretary shall provide for a percent increase in the
base rate of the fee schedule established under this
subsection--
``(i) during 2017, by 20 percent; and
``(ii) during 2018 through 2020, by 5
percent.
``(B) Adjustment to ensure budget neutrality.--For
2017 through 2020, the Secretary shall adjust the
percentages described in clauses (i) and (ii) of
subparagraph, by either increasing or reducing (but in
no case below zero) such percentages, to ensure that
the increased expenditures under this part by reason of
subparagraph (A) are equal to the reduced expenditures
under this part by reason of paragraph (16).''. | This bill amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services, with respect to air ambulance services furnished during 2017 or any subsequent year, to reduce the mandatory percentage increase (inflation adjustment) for payments under the fee schedule by 2.0% for any supplier or provider that fails to submit to the Secretary specified data. The Secretary is required to select at least two quality measures with respect to which such providers and suppliers may voluntarily submit such data. The Government Accountability Office is required to report to Congress on all such data, together with a recommendation on the adequate amount of Medicare reimbursement to providers and suppliers that would reflect their operational costs and preserve access to critical air medical services. The Secretary is required, in the case of air ambulance services furnished during calendar 2017 through 2021 to make a percentage increase in the base rate of the fee schedule: (1) by 20% during 2017, and (2) by 5% during 2018-2020. The Secretary must also, for 2017 through 2020, adjust such percentages, by either increasing or reducing them (but in no case below zero) to ensure that the increased expenditures under this Act are equal to the reduced expenditures. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Control Center Enhancement
and Awareness Act Amendments of 2003''.
SEC. 2. FINDINGS.
Section 2 of the Poison Control Enhancement and Awareness Act (42
U.S.C. 14801) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) Poison control centers are our Nation's primary
defense against injury and deaths from poisoning. Twenty-four
hours a day, the general public as well as health care
practitioners contact their local poison centers for help in
diagnosing and treating victims of poisoning and other toxic
exposures.
``(2) Poisoning is the third most common form of
unintentional death in the United States. In any given year,
there will be between 2,000,000 and 4,000,000 poison exposures.
More than 50 percent of these exposures will involve children
under the age of 6 who are exposed to toxic substances in their
home. Poisoning accounts for 285,000 hospitalizations,
1,200,000 days of acute hospital care, and 13,000 fatalities
annually.
``(3) Stabilizing the funding structure and increasing
accessibility to poison control centers will promote the
utilization of poison control centers, and reduce the
inappropriate use of emergency medical services and other more
costly health care services.
``(4) The tragic events of September 11, 2001, and the
anthrax cases of October 2001, have dramatically changed our
Nation. During this time period, poison centers in many areas
of the country were answering thousands of additional calls
from concerned residents. Many poison centers were relied upon
as a source for accurate medical information about the disease
and the complications resulting from prophylactic antibiotic
therapy.
``(5) The 2001 Presidential Task Force on Citizen
Preparedness in the War on Terrorism recommended that the
Poison Control Centers be used as a source of public
information and public education regarding potential
biological, chemical, and nuclear domestic terrorism.
``(6) The increased demand placed upon poison centers to
provide emergency information in the event of a terrorist event
involving a biological, chemical, or nuclear toxin will
dramatically increase call volume.''.
SEC. 3. MAINTENANCE OF A NATIONAL TOLL FREE NUMBER.
Section 4 of the Poison Control Enhancement and Awareness Act (42
U.S.C. 14803) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 4. MAINTENANCE OF A NATIONAL TOLL-FREE NUMBER.'';
and
(2) in subsection (c), by inserting ``and $2,000,000 for
each of fiscal years 2005 through 2009'' after ``2004''.
SEC. 4. NATIONWIDE MEDIA CAMPAIGN.
Section 5 of the Poison Control Enhancement and Awareness Act (42
U.S.C. 14804) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 5. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER
UTILIZATION.'';
and
(2) in subsection (c), by inserting ``and $1,500,000 for
each of fiscal years 2005 through 2009'' after ``2004''.
SEC. 5. POISON CONTROL CENTER GRANT PROGRAM.
Section 6 of the Poison Control Enhancement and Awareness Act (42
U.S.C. 14805) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 6. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM.'';
(2) by striking subsection (b) and inserting the following:
``(b) Other Improvements.--The Secretary shall also use amounts
received under this section to--
``(1) develop standardized poison prevention and poison
control promotion programs;
``(2) develop standard patient management guidelines for
commonly encountered toxic exposures;
``(3) improve and expand the poison control data collection
systems;
``(4) improve national toxic exposure surveillance;
``(5) expand the toxicologic expertise within poison
control centers; and
``(6) improve the capacity of poison control centers to
answer high volumes of calls during times of national
crisis.'';
(3) by striking subsection (d)(2) and inserting the
following:
``(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
``(3) Limitation.--In no instance may the sum of the number
of years for a waiver under paragraph (1) and a renewal under
paragraph (2) exceed 5 years. The preceding sentence shall take
effect as if enacted on February 25, 2000.''; and
(4) in subsection (h), by inserting ``and $30,000,000 for
each of fiscal years 2005 through 2009'' after ``2004''.
SEC. 6. NATIONWIDE TOXICOSURVEILLANCE OF POISON CENTER DATA TO PROMOTE
HAZARD DETECTION.
The Poison Control Enhancement and Awareness Act (42 U.S.C. 14801
et seq.) is amended by adding at the end the following:
``SEC. 7. NATIONWIDE TOXICOSURVEILLANCE OF POISON CENTER DATA TO
PROMOTE HAZARD DETECTION.
``(a) In General.--The Secretary shall assist in the implementation
and maintenance of continuous national toxicosurveillance of poison
control center data to detect new hazards from toxic substances,
household products, pharmaceuticals, and traditionally abused drugs.
``(b) Contract for Services.--The Secretary may enter into a
contract with appropriate professional organizations for the collection
and analysis of poison center data described in subsection (a) in real
time.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $2,500,000 for each of fiscal
years 2005 through 2009.''. | Poison Control Center Enhancement and Awareness Act Amendments of 2003 - Amends the Poison Control Enhancement and Awareness Act to authorize appropriations for: (1) the maintenance of a national toll-free number to access regional poison control centers; and (2) the nationwide media campaign to promote poison control center utilization.Amends provisions pertaining to the poison control center grant program, including to provide funds for: (1) developing standardized poison prevention and poison control centers; and (2) improving national toxic exposure surveillance. Modifies provisions pertaining to the renewal of a waiver of the certification requirements for receiving poison control center grants.Directs the Secretary of Health and Human Services to assist in the implementation and maintenance of continuos national toxicosurveillance of poison control center data to detect new hazards from various sources, including household products. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transportation
Security Workforce Enhancement Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Conversion of transportation security personnel.
Sec. 4. Transition rules.
Sec. 5. Consultation requirement.
Sec. 6. No right to strike.
Sec. 7. Regulations.
Sec. 8. Delegations to Assistant Secretary.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``covered position'' means--
(A) a position within the Transportation Security
Administration; and
(B) any position within the Department of Homeland
Security, not described in subparagraph (A), the duties
and responsibilities of which involve providing
transportation security in furtherance of the purposes
of the Aviation and Transportation Security Act (Public
Law 107-71), as determined by the Secretary;
(2) the term ``covered employee'' means an employee who
holds a covered position;
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(4) the term ``Secretary'' means the Secretary of Homeland
Security;
(5) the term ``Assistant Secretary'' means the official
within the Department of Homeland Security who is responsible
for overseeing and implementing transportation security
pursuant to the Aviation and Transportation Security Act,
whether designated as the Assistant Secretary of Homeland
Security (Transportation Security Administration), the
Administrator of the Transportation Security Administration,
the Undersecretary of Transportation for Security, or
otherwise;
(6) the term ``TSA personnel management system'' means any
personnel management system, as established or modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act; or
(B) section 114(n) of title 49, United States Code;
(7) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code; and
(8) the term ``conversion date'' means the date as of which
paragraphs (1) through (3) of section 3(b) take effect.
SEC. 3. CONVERSION OF TRANSPORTATION SECURITY PERSONNEL.
(a) Termination of Certain Personnel Authorities.--Effective as of
the date of the enactment of this Act--
(1) each provision of law cited in section 2(6) is
repealed, and any authority to establish or modify a TSA
personnel management system under either such provision of law
shall terminate; and
(2) all authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(b) Covered Employees and Positions Made Subject to Same Personnel
Management System as Applies to Civil Service Employees Generally.--
Effective as of the date determined by the Secretary, but in no event
later than 60 days after the date of the enactment of this Act--
(1) all TSA personnel management systems shall cease to be
effective;
(2) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code, to
the extent otherwise applicable with respect to covered
employees or covered positions, shall cease to be effective;
and
(3) covered employees and covered positions shall become
subject to the provisions of title 5, United States Code, and
all other civil service laws which apply with respect to both--
(A) any employees and positions within the
Department of Homeland Security (other than covered
employees and covered positions, and disregarding the
effect of any action taken under chapter 97 of title 5,
United States Code); and
(B) employees and positions within agencies
generally (outside of the Department of Homeland
Security).
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Rate of Pay.--Any conversion of an employee
from a TSA personnel management system to the provisions of law made
applicable with respect to such employee by section 3(b)(3) shall be
effected, under pay conversion rules prescribed by the Secretary,
without any reduction in the rate of basic pay payable to such
employee.
(b) Preservation of Other Rights.--In the case of each individual
who is a covered employee as of the conversion date, the Secretary
shall take any actions which may be necessary to ensure that--
(1) all service performed by such individual as a covered
employee before the conversion date shall be credited in the
determination of such individual's length of service as an
employee for purposes of applying the provisions of law
governing leave, pay, group life and health insurance,
severance pay, tenure, and status, which are made applicable
with respect to such individual by section 3(b)(3);
(2) all annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee, until used, so long as such
individual remains continuously employed by the Department of
Homeland Security; and
(3) the Government share of any premiums or other periodic
charges under the provisions of law governing group health
insurance shall remain the same as was the case immediately
before the conversion date, so long as such individual remains
continuously employed by the Department of Homeland Security.
(c) Pending Proceedings.--No provision of this Act shall affect any
administrative or judicial proceeding commenced before the date of the
enactment of this Act. Determinations in any such proceeding shall be
made and appeals therefrom shall be taken as if this Act had not been
enacted.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Qualified Labor Organization.--For purposes of this section,
the term ``qualified labor organization'' means a labor organization
which, as of the date of the enactment of this Act--
(1) satisfies the definition of a labor organization under
section 7103(a)(4) of title 5, United States Code; and
(2) is receiving through payroll deductions, from at least
1,000 covered employees, dues payable to the labor
organization.
(b) Consultation Rights.--A qualified labor organization--
(1) shall, within 14 days after the date of the enactment
of this Act, be informed by the Secretary in writing of the
plans in accordance with which the Secretary intends to carry
out the conversion of covered employees and covered positions
under this Act, including with respect to such matters as--
(A) the proposed conversion date; and
(B) measures to ensure compliance with section 4;
and
(2) shall be afforded a reasonable opportunity to present
its views and recommendations regarding those plans.
(c) Required Agency Response.--If any views or recommendations are
presented under subsection (b)(2) by a labor organization, the
Secretary--
(1) shall consider the views or recommendations before
taking final action on any matter with respect to which the
views or recommendations are presented; and
(2) shall provide the labor organization a written
statement of the reasons for the final actions to be taken.
(d) Rule of Construction Regarding Exclusive Representation.--
Nothing in this section shall be considered--
(1) to permit or require the application, or the continued
application, of subsection (b) or (c) if any labor organization
has been accorded exclusive recognition with respect to all
covered employees; or
(2) to limit the right of any agency or exclusive
representative to engage in collective bargaining.
(e) Sunset Provision.--The provisions of this section shall cease
to be effective as of the conversion date.
SEC. 6. NO RIGHT TO STRIKE.
Nothing in this Act shall be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code
(relating to disloyalty and asserting the right to
strike against the Government); or
(B) section 7311 of title 5, United States Code
(relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph (1).
SEC. 7. REGULATIONS.
The Secretary may prescribe any regulations necessary to carry out
this Act.
SEC. 8. DELEGATIONS TO ASSISTANT SECRETARY.
The Secretary may, with respect to any authority or function vested
in the Secretary under any of the preceding provisions of this Act,
delegate any such authority or function to the Assistant Secretary
under such terms, conditions, and limitations, including the power of
redelegation, as the Secretary considers appropriate.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Transportation Security Workforce Enhancement Act of 2009 - Terminates certain authorities under the Transportation Security Administration (TSA) personnel management system with respect to TSA employees under the Aviation and Transportation Security Act and related law, including all authority to establish or adjust a human resources management system.
Subjects TSA employees (including screeners) to the protections of the federal civil service system, including the right to collective bargaining, compensation, leave, health, and other employee rights. Prohibits any reduction in rate of pay or certain other rights of TSA employees upon conversion from the TSA personnel system to the federal civil service system.
Requires the Secretary of Homeland Security, within 14 days after enactment of this Act, to: (1) inform the TSA employees' qualified labor organization in writing of the conversion plans; and (2) afford the organization a reasonable opportunity to present its views and recommendations. Requires the Secretary to consider such views or recommendations before taking final action and give the organization a written statement of the reasons for such final actions.
Declares that nothing in this Act shall be considered to repeal or otherwise affect specified federal laws prohibiting strikes against the U.S. Government.
Authorizes appropriations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victims Insurance Relief
Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Holocaust, including the murder of 6,000,000
European Jews, the systematic destruction of families and
communities, and the wholesale theft of their assets, was one
of the most tragic crimes in modern history.
(2) When Holocaust survivors or heirs of Holocaust victims
presented claims to insurance companies after World War II,
many were rejected because the claimants did not have death
certificates or physical possession of policy documents that
had been confiscated by the Nazis.
(3) In many instances, insurance company records are the
only proof of the existence of insurance policies belonging to
Holocaust victims.
(4) Holocaust survivors and their descendants have been
fighting for decades to persuade insurance companies to settle
unpaid insurance claims.
(5) In 1998, the International Commission on Holocaust Era
Insurance Claims (in this section referred to as the
``ICHEIC'') was established by the National Association of
Insurance Commissioners in cooperation with several European
insurance companies, European regulators, representatives of
international Jewish organizations, and the State of Israel, to
expeditiously address the issue of unpaid insurance policies
issued to Holocaust victims.
(6) On July 17, 2000, the United States and Germany signed
an Executive Agreement in support of the German Foundation
``Remembrance, Responsibility, and the Future'', which
designated the ICHEIC to resolve all insurance claims that were
not paid or were nationalized during the Nazi era.
(7) The ICHEIC's deadline for receiving claims applications
is January 31, 2002.
(8) Three years into the process of addressing the issue of
unpaid insurance policies, companies continue to withhold
thousands of names on dormant accounts.
(9) As of June 15, 2001, more than 84 percent of the 72,675
claims applications filed with the ICHEIC remained idle because
the claimants could not identify the company holding the
policy.
(10) Insurance companies doing business in the United
States have a responsibility to ensure the disclosure of
insurance policies of Holocaust victims that they or their
related companies may have issued, to facilitate the rapid
resolution of questions concerning these policies, and to
eliminate the further victimization of policyholders and their
families.
(11) State legislatures in California, Florida, New York,
Minnesota, Washington, and elsewhere have been challenged in
efforts to implement laws that restrict the ability of insurers
to engage in business transactions in those States until the
insurers publish the names of Holocaust-era policyholders.
(b) Purpose.--The purpose of this Act is to provide information
about Holocaust-era insurance policies to Holocaust victims and their
heirs and beneficiaries to enable them to expeditiously file their
rightful claims under the policies.
SEC. 3. HOLOCAUST INSURANCE REGISTRY.
(a) Establishment and Maintenance.--Chapter 21 of title 44, United
States Code, is amended by adding at the end the following:
``Sec. 2119. Holocaust Insurance Registry
``(a) Establishment.--The Archivist shall establish and maintain a
collection of records that shall--
``(1) be known as the Holocaust Insurance Registry; and
``(2) consist of the information provided to the Archivist
under section 5 of the Holocaust Victims Insurance Relief Act
of 2001.
``(b) Public Accessibility.--The Archivist shall make all such
information publicly accessible and searchable by means of the Internet
and by any other means the Archivist deems appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 21 of title 44, United States Code, is amended by adding at the
end the following:
``2119. Holocaust Insurance Registry.''.
SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS.
(a) Requirement.--An insurer shall cause to be filed with the
Secretary of Commerce in accordance with subsection (b) the following
information:
(1) The first name, last name, date of birth, and domicile
of the policyholder of each covered policy issued by the
insurer or a related company of the insurer.
(2) The name of the entity that issued the covered policy.
(3) The name of the entity that is responsible for the
liabilities of the entity that issued the covered policy.
(b) Proper Filing.--A filing under subsection (a) shall be made not
later than the earlier of 90 days after the date of the enactment of
this Act or January 31, 2002, in an electronic format approved jointly
by the Archivist of the United States and the Secretary of Commerce.
SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST.
The Secretary of Commerce shall provide to the Archivist of the
United States any information filed with the Secretary under section
4(a) promptly after the filing of such information.
SEC. 6. PENALTY.
The Secretary of Commerce shall assess a civil penalty of not less
than $5,000 for each day that an insurer fails to comply with the
requirements of section 4, as determined by the Secretary.
SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES.
To the extent or in the amounts provided in advance in
appropriation Acts, the Archivist of the United States may use amounts
received by the Government as civil penalties under section 6 to
maintain the Holocaust Insurance Registry.
SEC. 8. NOTIFICATION.
(a) Initial Notification.--Not later than 180 days after the date
of the enactment of this Act and periodically afterward, the Secretary
of Commerce shall notify each State's commissioner of insurance of the
identity of each insurer that has failed to comply with the
requirements of section 4 or has not satisfied any civil penalty for
which the insurer is liable under section 6.
(b) Requests by States.--On request by the commissioner of
insurance of a State concerning an insurer operating in that State, the
Secretary of Commerce shall inform the commissioner of insurance
whether the insurer has failed to comply with the requirements of
section 4 or has not satisfied any civil penalty for which the insurer
is liable under section 6.
SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES.
(a) Preemption.--Nothing in this Act preempts the right of any
State to adopt or enforce any State law requiring an insurer to
disclose information regarding insurance policies that may have been
confiscated or stolen from victims of Nazi persecution.
(b) Sense of Congress.--It is the sense of the Congress that if any
litigation challenging any State law described in subsection (a) is
dismissed because the State's commissioner of insurance chooses to rely
on this Act and therefore no longer seeks to enforce the State law,
each party should bear its own legal fees and costs.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commissioner of insurance.--The term ``commissioner of
insurance'' means the highest ranking officer of a State
responsible for regulating insurance.
(2) Covered policy.--The term ``covered policy'' means any
life, dowry, education, or property insurance policy that was--
(A) in effect at any time after January 30, 1933,
and before December 31, 1945; and
(B) issued to a policyholder domiciled in any area
of the European Continent that was occupied or
controlled by Nazi Germany or by any ally or
sympathizer of Nazi Germany at any time during the
period described in subparagraph (A).
(3) Insurer.--The term ``insurer'' means any person engaged
in the business of insurance in United States interstate or
foreign commerce, if the person or a related company of the
person issued a covered policy, regardless of when the related
company became a related company of the insurer.
(4) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act. | Holocaust Victims Insurance Relief Act of 2001 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry to consist of information on holders and issuers (and related liable entities) of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period.Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day an insurer fails to comply; and (3) notify each State's commissioner of insurance of the identity of any insurer that has failed to file such information or to satisfy any penalty. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Prevention
Enhancement Act of 2007''.
SEC. 2. DRUG-FREE WORKPLACE INFORMATION CLEARINGHOUSE.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end the following:
``SEC. 506C. DRUG-FREE WORKPLACE INFORMATION CLEARINGHOUSE.
``(a) Establishment.--The Administrator shall establish within the
Administration an office to be known as the `Drug-Free Workplace
Information Clearinghouse', to be headed by a director (referred to in
this section as the `Director') appointed by the Administrator.
``(b) Duties.--The Director shall--
``(1) serve as a resource for employers maintaining or
attempting to establish a drug-free workplace policy;
``(2) provide assistance to employers and employees in--
``(A) resolving complaints, grievances, and
requests for information with regard to drug-free
workplaces; and
``(B) understanding rights and responsibilities
under Federal employment laws pertaining to drug-free
workplace policies; and
``(3) conduct an educational campaign for employers under
subsection (c).
``(c) Educational Campaign.--The Director shall conduct an
educational campaign for employers on--
``(1) any Federal drug-free workplace standards or
guidelines; and
``(2) any Federal assistance available to employers for
establishing or maintaining a drug-free workplace.
``(d) Reports.--The Administrator, acting through the Director,
shall submit annual reports to the Secretary and the Congress--
``(1) describing the activities of the Director; and
``(2) including any recommendations for the improvement of
Federal drug-free workplace policies or guidelines.''.
SEC. 3. TRAINING FOR HEALTH CARE PROVIDERS ON METHAMPHETAMINE
ADDICTION.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--
(1) by redesignating the second section 514 (relating to
methamphetamine and amphetamine treatment initiative) as
section 514B; and
(2) by inserting after section 514B, as so redesignated,
the following:
``SEC. 514C. TRAINING FOR HEALTH CARE PROVIDERS ON METHAMPHETAMINE
ADDICTION.
``(a) Grants.--The Director of the Center for Substance Abuse
Treatment shall make grants to medical associations, health care
providers, and health care facilities to conduct training for health
care providers on--
``(1) how to recognize the signs of methamphetamine
addiction; and
``(2) how to recognize vulnerable populations for purposes
of preventing and treating such addiction.
``(b) Education Campaign.--The Director of the Center for Substance
Abuse Treatment, in cooperation with health care providers, shall
conduct an educational campaign on the public health effects of
methamphetamine addiction. Such campaign shall include the distribution
by such providers of materials prepared by the Director.''.
SEC. 4. METHAMPHETAMINE AWARENESS PROJECTS.
(a) Technical Correction.--Section 3104(c) of the Children's Health
Act of 2000 (Public Law 106-310; 114 Stat. 1101) is amended by striking
``is amended by adding the following'' and inserting ``is amended by
inserting after section 519D the following''.
(b) Grants.--Subpart 2 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after
section 519E the following:
``SEC. 519F. METHAMPHETAMINE AWARENESS PROJECTS.
``(a) Grants.--
``(1) Authorization.--The Director of the Center for
Substance Abuse Treatment shall make grants to schools,
community organizations, and local governmental entities to
establish or maintain a methamphetamine awareness project
described in subsection (b).
``(2) Project description.--A methamphetamine awareness
project described in this subsection is a community project
meeting each of the following:
``(A) The project consists of after-school or
extracurricular activities for students in grades 6 to
12 in which the students learn about the dangers of
methamphetamine through hands-on advertising or video
production exercises.
``(B) Such exercises must culminate in production
of a finished product, such as a public service
announcement or a television, radio, or print
advertisement, to disseminate the anti-methamphetamine
message.
``(C) Such exercises must be student-driven with
guidance from adult mentors and professionals from the
chosen medium.
``(b) Administration Announcements.--Before disseminating any
methamphetamine-related public service announcement or advertisement,
the Secretary shall consider the suitability of using an announcement
or advertisement produced pursuant to subsection (a).''. | Methamphetamine Prevention Enhancement Act of 2007 - Amends the Public Health Service Act to direct the Administrator of the Substance Abuse and Mental Health Services Administration to establish a Drug-Free Workplace Information Clearinghouse.
Requires the Clearinghouse Director to: (1) serve as a resource for employers maintaining or attempting to establish a drug-free workplace policy; (2) provide assistance to employers and employees in resolving complaints, grievances, and requests for information regarding drug-free workplaces and in understanding rights and responsibilities under federal employment laws pertaining to drug-free workplace policies; and (3) conduct an educational campaign for employers on federal drug-free workplace standards or guidelines and on federal assistance available to employers to establish or maintain a drug-free workplace.
Requires the Director of the Center for Substance Abuse Treatment to: (1) make grants to medical associations, health care providers, and health care facilities to conduct training for health care providers on recognizing the signs of methamphetamine addiction and recognizing vulnerable populations for purposes of preventing and treating such addiction; (2) conduct an educational campaign on the public health effects of methamphetamine addiction; and (3) make grants to schools, community organizations, and local governmental entities to establish or maintain a methamphetamine awareness project consisting of after-school or extracurricular activities in which students learn about the dangers of methamphetamine through hands-on advertising or video production exercises. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Benefit Act of
2002''.
SEC. 105. MEDICARE COVERAGE OF OUTPATIENT PRESCRIPTION DRUGS.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by adding ``and'' after the
semicolon at the end; and
(3) by adding at the end the following new subparagraph:
``(W) outpatient prescription drugs (as defined in
subsection (ww)(1));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following:
``Outpatient Prescription Drugs; Pharmacist
``(ww)(1) The term `outpatient prescription drugs' means any drug
or biological (as those terms are defined in subsection (t)) that may
be dispensed only upon prescription and that is dispensed by a
pharmacist.
``(2) The term `pharmacist' means an individual who meets such
licensure, certification, and practice requirements as the Secretary
may establish.''.
(c) Payment.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(U)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (V) with respect to outpatient prescription
drugs (as defined in section 1861(ww)(1)), the amount paid
shall be 80 percent of the actual charge for the drug, or, if a
beneficiary has incurred out-of-pocket expenses (as defined by
the Secretary) with respect to outpatient prescription drugs
during a year equal to at least $4,000, 100 percent of the
actual charge for the drug''.
(d) Application of Limits on Billing.--Section 1842(b)(18)(C) of
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by
adding at the end the following new clause:
``(vii) In the case of outpatient prescription drugs (as
defined in section 1861(ww)(1)), a pharmacist.''.
(e) Exclusion of Outpatient Prescription Drug Costs From
Determination of Part B Monthly Premium.--Section 1839(g) of the Social
Security Act (42 U.S.C. 1395r(g)) is amended--
(1) by striking ``attributable to the application of
section'' and inserting ``attributable to--
``(1) the application of section'';
(2) by striking the period and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(2) the coverage of outpatient prescription drugs under
section 1861(s)(2)(W).''.
(f) Use of Carriers for Administration of Benefit.--Section 1842 of
the Social Security Act (42 U.S.C. 1395u) is amended by adding at the
end the following new subsection:
``(u)(1) The Secretary shall enter into a contract (separate from
any other contract entered into under this section) with 1 carrier for
each region of the United States to administer the benefits under this
part that relate to the coverage of outpatient prescription drugs under
section 1861(s)(2)(W).
``(2) In addition to the other contract provisions required by this
section, the contract described in paragraph (1) shall contain
provisions that relate to payment, cost controls, formularies,
disposition of rebates, distribution networks, and such other
provisions as the Secretary determines necessary that relate to the
coverage or outpatient prescription drugs under this part.
``(3) The Secretary shall ensure that carriers with a contract
described in paragraph (1) offer maximum ease of availability of
outpatient prescription drugs to individuals entitled to benefits under
this part through local pharmacies and through other means.''.
(g) Revision of Medigap Policies To Avoid Duplicate Coverage.--
Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended
by adding at the end the following new subsection:
``(v) Modernized Benefit Packages for Medicare Supplemental
Policies.--
``(1) Revision of benefit packages.--
``(A) In general.--Notwithstanding subsection (p),
the benefit packages classified as `H', `I', and `J'
under the standards established by subsection (p)(2)
(including the benefit package classified as `J' with a
high deductible feature, as described in subsection
(p)(11)) shall be revised so that the coverage of
outpatient prescription drugs available under such
benefit packages is replaced with coverage of
outpatient prescription drugs that complements but does
not duplicate the coverage of outpatient prescription
drugs that is otherwise available under this title.
``(B) Manner of revision.--The benefit packages
revised under this section shall be revised in the
manner described in subparagraph (E) of subsection
(p)(1), except that for purposes of subparagraph (C) of
such subsection, the standards established under this
subsection shall take effect not later than January 1,
2003.''.
(h) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2003. | Prescription Drug Benefit Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) provide for Medicare coverage of outpatient prescription drugs; and (2) require the revision of Medicare supplemental health insurance (Medigap) policy benefit packages to replace the currently available outpatient prescription drug coverage with coverage that complements but does not duplicate the coverage otherwise available under Medicare. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending Market
Stabilization Act of 2008''.
SEC. 2. SMALL BUSINESS LENDING MARKET STABILIZATION.
(a) Fees.--To the extent the cost of such reduction in fees is
offset by appropriations--
(1) with respect to each loan guaranteed under section 7(a)
of the Small Business Act (15 U.S.C. 636(a)) for which the
application is approved on or after the date of enactment of
this Act, the Administrator shall, in lieu of the fees
otherwise applicable under paragraphs (23)(A) and (18)(A) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
collect no fee;
(2) the Administrator shall, in lieu of the fees otherwise
applicable under section 5(b)(14) of the Small Business Act (15
U.S.C. 634(b)(14)), collect no fee;
(3) the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(d)(2)) for an institution
described in subclause (I), (II), or (III) of section
502(3)(B)(i) of that Act (15 U.S.C. 696(3)(B)(i)), for any loan
guarantee or project subject to such subsection for which the
application is pending approval on or after the date of
enactment of this Act, collect no fee;
(4) a development company shall, in lieu of the mandatory
0.625 servicing fee under section 120.971(a)(3) of title 13,
Code of Federal Regulations, (relating to fees paid by
borrowers), collect no fee; and
(5) the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(3) of the Small Business
Investment Act (15 U.S.C. 697(d)(3)), collect no fee.
(b) Reimbursement for Waived Fees.--
(1) In general.--To the extent the cost of such payments is
offset by appropriations, the Administrator shall reimburse
each development company that does not collect a servicing fee
pursuant to subsection (a)(4).
(2) Amount.--The payment to a development company under
paragraph (1) shall be in an amount equal to 0.5 percent of the
outstanding principal balance of any guaranteed debenture for
which the development company does not collect a servicing fee
pursuant to subsection (a)(4).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator for fiscal year 2009--
(1) $600,000,000 for loan subsidies and for loan
modifications for loans to small business concerns authorized
under subsection (a)(1);
(2) $15,000,000 for lender oversight under section 5(b)(14)
of the Small Business Act (15 U.S.C. 634(b)(14));
(3) $50,000,000 for the elimination of fees under
subsection (a)(3);
(4) $40,000,000 for payments under subsection (b) to offset
the elimination of fees under subsection (a)(4); and
(5) $10,000,000 for the elimination of fees under
subsection (a)(5).
(d) Application of Fee Changes.--If funds are made available to
carry out subsections (a) and (b), the Administrator shall eliminate
the fees under subsection (a) for any loan guarantee or project subject
to such subsection for which the application is approved on or after
the date of enactment of this Act and make payments under subsection
(b) until the amount provided for such purpose is expended.
(e) Maximum Loan Amount.--Section 7(a)(3)(A) of the Small Business
Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if
the gross loan amount would exceed $2,000,000)'' and inserting
``$2,250,000 (or if the gross loan amount would exceed $3,000,000)''.
(f) Main Street Incentives.--
(1) In general.--Section 502 of the Small Business
Investment Act of 1958 (15 U.S.C. 696) is amended--
(A) by striking paragraphs (4) and (5) and
inserting the following:
``(4) Limitation on leasing.--If the use of a loan under
this section includes the acquisition of a facility or the
construction of a new facility, the small business concern
assisted--
``(A) shall permanently occupy and use not less
than a total of 50 percent of the space in the
facility; and
``(B) may, on a temporary or permanent basis, lease
to others not more than 50 percent of the space in the
facility.''; and
(B) by redesignating paragraph (6) as paragraph
(5).
(2) Policy for 7(a) loans.--Section 7(a)(28) of the Small
Business Act (15 U.S.C. 636(a)(28)) is amended to read as
follows:
``(28) Limitation on leasing.--If the use of a loan under
this subsection includes the acquisition of a facility or the
construction of a new facility, the small business concern
assisted--
``(A) shall permanently occupy and use not less
than a total of 50 percent of the space in the
facility; and
``(B) may, on a temporary or permanent basis, lease
to others not more than 50 percent of the space in the
facility.''.
(g) Low-Interest Refinancing.--Section 502 of the Small Business
Investment Act of 1958 (15 U.S.C. 696), as amended by subsection (e)(1)
of this section, is amended by adding at the end the following:
``(6) Permissible debt refinancing.--A financing under this
title may include refinancing of existing indebtedness, in an
amount not to exceed 50 percent of the projected cost of the
project financed under this title, if--
``(A) the project financed under this title
involves the expansion of a small business concern;
``(B) the existing indebtedness is collateralized
by fixed assets;
``(C) the existing indebtedness was incurred for
the benefit of the small business concern;
``(D) the proceeds of the existing indebtedness
were used to acquire land (including a building
situated thereon), to construct or expand a building
thereon, or to purchase equipment;
``(E) the borrower has been current on all payments
due on the existing indebtedness for not less than 1
year preceding the proposed date of refinancing;
``(F) the financing under this title will provide
better terms or a better rate of interest than exists
on the existing indebtedness on the proposed date of
refinancing;
``(G) the financing under this title is not being
used to refinance any debt guaranteed by the
Government; and
``(H) the financing under this title will be used
only for--
``(i) refinancing existing indebtedness; or
``(ii) costs relating to the project
financed under this title.''.
(h) Updated Job Creation Requirements.--Section 501(e) of the Small
Business Investment Act of 1958 (15 U.S.C. 695(e)) is amended--
(1) in paragraph (1), by striking ``$50,000'' and inserting
``$65,000''; and
(2) in paragraph (2), by striking ``$50,000'' and inserting
``$65,000''.
(i) Size Standard Simplification.--Section 3(a) of the Small
Business Act (15 U.S.C. 632(a)) is amended by adding at the end the
following:
``(5) Optional size standard.--
``(A) In general.--The Administrator shall
establish an optional size standard for business loan
applicants under section 7(a) and development company
loan applicants under title V of the Small Business
Investment Act of 1958, which uses maximum tangible net
worth and average net income as an alternative to the
use of industry standards.
``(B) Interim rule.--Until the date on which the
optional size standard established under subparagraph
(A) is in effect, the alternative size standard in
section 121.301(b) of title 13, Code of Federal
Regulations (or any successor thereto) may be used by
business loan applicants under section 7(a) and
development company loan applicants under title V of
the Small Business Investment Act of 1958.''.
(j) Maximum Loan Size.--Section 502(2)(A) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended--
(1) in clause (i), by striking ``$1,500,000'' and inserting
``$3,000,000''; and
(2) in clause (ii), by striking ``$2,000,000'' and
inserting ``$3,500,000''.
(k) Loan Pooling.--Section 5(g)(1) of the Small Business Act (15
U.S.C. 634(g)(1)) is amended--
(1) by inserting ``(A)'' before ``The Administration'';
(2) by striking the colon and all that follows and
inserting a period; and
(3) by adding at the end the following:
``(B) A trust certificate issued under subparagraph (A) shall be
based on, and backed by, a trust or pool approved by the Administrator
and composed solely of the guaranteed portion of such loans.
``(C) The interest rate on a trust certificate issued under
subparagraph (A) shall be either--
``(i) the lowest interest rate on any individual loan in
the pool; or
``(ii) the weighted average interest rate of all loans in
the pool, subject to such limited variations in loan
characteristics as the Administrator determines appropriate to
enhance marketability of the pool certificates.''.
(l) Alternative Variable Interest Rate.--
(1) In general.--Section 7(a)(4)(A) of the Small Business
Act (15 U.S.C. 636(a)(4)(A)) is amended by striking
``prescribed by the Administration,'' and inserting:
``prescribed by the Administration, including, on variable rate
loans, a nationally recognized prime rate of interest and at
least 1 other index as an alternative thereto at the option of
the participating lender,''.
(2) Applicability.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall select not
less than 1 alternative index under section 7(a)(4)(A) of the
Small Business Act, as amended by paragraph (1) of this
subsection, and make such index available for use by
participating lenders.
(m) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``development company'' has the meaning given
the term ``development companies'' in section 103 of the Small
Business Investment Act of 1958 (15 U.S.C. 662); and
(3) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632). | Small Business Lending Market Stabilization Act of 2008 - Directs the Administrator of the Small Business Administration (SBA), to the extent that the cost is offset by appropriations, to collect no fees currently charged by: (1) the SBA to borrowers and lenders under the SBA's 7(a) loan program (SBA-guaranteed general business loans to small businesses); and (2) development companies under SBA's 504 loan program (local business development loans). Directs the Administrator to reimburse development companies for waived fees.
Increases maximum limits on SBA loans made to small businesses under the Small Business Act and on loans made to development companies under the Small Business Investment Act of 1958.
Authorizes a small business whose SBA loan includes the acquisition of a facility or construction of a new facility to lease up to 50% of the space in such facility.
Permits certain borrowers to refinance a limited amount of their preexisting debt through a new 504 loan.
Directs the SBA to establish an optional business size standard for certain small business loan applicants.
Allows the SBA to use weighted average rates when pooling loans for sale on the secondary market.
Directs the SBA to provide lenders at least one alternative loan interest rate to the prime rate. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tire-Derived Fuel Safety Act of
2005''.
SEC. 2. COMBUSTION OF TIRE-DERIVED FUEL.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible mill.--The term ``eligible mill'' means any
pulp or paper mill (SIC code 2611 or 2621) that burns or
proposes to burn tire-derived fuel.
(3) Emission.--The term ``emission'' means an emission into
the air of--
(A) a criteria pollutant, including a fine
particulate; or
(B) a hazardous air pollutant.
(4) Tire-derived fuel.--The term ``tire-derived fuel''
means fuel derived from whole or shredded tires, including in
combination with another fuel.
(b) Requirements for Approval.--
(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of law, the Administrator
shall not issue a permit under the Clean Air Act (42 U.S.C.
7401 et seq.), and shall object to the issuance of a permit
under section 505(b) of that Act (42 U.S.C. 7661d(b)),
authorizing the burning of tire-derived fuel at an eligible
mill that is a major stationary source (as defined in section
111(a) of that Act (42 U.S.C. 7411(a))) unless--
(A) the Administrator has listed the source as part
of a source category for which a performance standard
has been established under subsection (c); and
(B) the source demonstrates to the satisfaction of
the Administrator that the source--
(i) will install any control equipment
required or make the necessary process changes
before the date on which the source begins
operation; and
(ii) will operate at or below the required
emissions performance standards as demonstrated
by data from a continuous emissions monitoring
device.
(2) Interim permits.--Notwithstanding paragraph (1), the
Administrator may approve an interim permit (including a trial
permit) to burn tire-derived fuel at a new eligible mill, or an
eligible mill in existence on the date of enactment of this
Act, that is a major stationary source (as defined in section
111(a) of the Clean Air Act (42 U.S.C. 7411(a))) that
demonstrates to the satisfaction of the Administrator that the
source--
(A) will install--
(i) an electrostatic precipitator;
(ii) a Kevlar baghouse; or
(iii) any other technology that achieves a
reduction in emissions that is equivalent to
the reduction achieved using an electrostatic
precipitator or a Kevlar baghouse; and
(B) will operate at or below the required emissions
performance standards as demonstrated by data from a
continuous emissions monitoring device.
(c) Standards for Certain Pulp and Paper Mills.--
(1) Establishment.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall
establish performance standards for fine particulates
for--
(i) new eligible mills; and
(ii) eligible mills in existence on the
date on which the standards are proposed.
(B) Requirements.--In establishing standards under
subparagraph (A), the Administrator shall--
(i) ensure that the standards would result
in reductions in emission levels that are at
least equal to reductions achieved through the
use of an electrostatic precipitator or Kevlar
baghouse; and
(ii) require pulp and paper mills that are
in operation as of the date on which the
standards are proposed, but that are not in
compliance with those standards, to come into
compliance with the standards by not later than
18 months after the effective date of the
standards.
(2) Study and report on general health effects.--Not later
than 1 year after the date of enactment of this Act, the
Administrator shall conduct a study, and submit to Congress a
report, on the impact on human health of increased emissions,
especially fine particulates, from the use of tire-derived
fuel.
(3) Report on health effects on certain children.--As soon
as practicable after the date of enactment of this Act, the
Administrator, in coordination with the Secretary of Health and
Human Services, shall submit to Congress a report that
describes the rates of birth defects and childhood diseases
(particularly respiratory and immune system diseases) of
children that live or attend school within a 20-mile radius of
any pulp and paper mill that burns tire-derived fuel. | Tire-Derived Fuel Safety Act of 2005 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing a permit under the Clean Air Act authorizing the burning of tire-dervied fuel at any pulp or paper mill unless such mill meets specified performance standards promulgated by the Administrator or has agreed to install control equipment and operate at or below required emission performance standards. Allows the Administrator to issue interim permits under certain conditions.
Requires the Administrator to: (1) establish performance standards for fine particulates for new and existing mills; and (2) conduct studies of the health effects of increased emissions from the use of tire-derived fuel and report to Congress on such studies. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
The table of contents in section 1 of division I of the Omnibus
Parks and Public Lands Management Act of 1996 (110 Stat. 4094; 16
U.S.C. 1 note; hereinafter referred to as the ``Omnibus Parks Act'') is
amended by striking--
``Sec. 504. Amendment to Boston National Historic Park Act.
``Sec. 505. Women's Rights National Historic Park.''
and inserting--
``Sec. 504. Amendment to Boston National Historical Park Act.
``Sec. 505. Women's Rights National Historical Park.''.
SEC. 2. THE PRESIDIO OF SAN FRANCISCO.
(a) Section 101(2) of division I of the Omnibus Parks Act of 1996
(110 Stat. 4097; 16 U.S.C. 460bb note) is amended by striking ``the
Presidio is'' and inserting ``the Presidio was''.
(b) Section 103(b)(1) of division I of the Omnibus Parks Act (110
Stat. 4099; 16 U.S.C. 460bb note) is amended in the last sentence by
striking ``other lands administrated by the Secretary.'' and inserting
``other lands administered by the Secretary.''.
(c) Section 105(a)(2) of division I of the Omnibus Parks Act (110
Stat. 4104; 16 U.S.C. 460bb note) is amended by striking ``in
accordance with section 104(h) of this title.'' and inserting ``in
accordance with section 104(i) of this title.''.
SEC. 3. COLONIAL NATIONAL HISTORICAL PARK.
Section 211(d) of division I of the Omnibus Parks Act (110 Stat.
4109; 16 U.S.C. 81p) is amended by striking ``depicted on the map dated
August 1993, numbered 333/80031A,'' and inserting ``depicted on the map
dated August 1996, numbered 333/80031B,''.
SEC. 4. BIG THICKET NATIONAL PRESERVE.
(a) Section 306(d) of division I of the Omnibus Parks Act (110
Stat. 4132; 16 U.S.C. 689 note) is amended by striking ``until the
earlier of the consummation of the exchange of July 1, 1998,'' and
inserting ``until the earlier of the consummation of the exchange or
July 1, 1998,''.
(b) Section 306(f)(2) of division I of the Omnibus Parks Act (110
Stat. 4132; 16 U.S.C. 689 note) is amended by striking ``located in
Menard Creek Corridor'' and inserting ``located in the Menard Creek
Corridor''.
SEC. 5. LAMPREY WILD AND SCENIC RIVER.
The second sentence of the unnumbered paragraph relating to the
Lamprey River, New Hampshire, in section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking ``through
cooperation agreements'' and inserting ``through cooperative
agreements''.
SEC. 6. VANCOUVER NATIONAL HISTORIC RESERVE.
Section 502(a) of division I of the Omnibus Parks Act (110 Stat.
4154; 16 U.S.C. 461 note) is amended by striking ``published by the
Vancouver Historical Assessment' published by the Vancouver Historical
Study Commission'' and inserting ``published by the Vancouver
Historical Study Commission''.
SEC. 7. AMENDMENT TO BOSTON NATIONAL HISTORICAL PARK ACT.
Section 504 of division I of the Omnibus Parks Act (110 Stat. 4155;
16 U.S.C. 1 note) is amended by striking ``sec. 504. amendment to
boston national historic park act.'' and inserting ``sec. 504.
amendment to boston national historical park act.''.
SEC. 8. MEMORIAL TO MARTIN LUTHER KING, JR.
Section 508(d) of division I of the Omnibus Parks Act (110 Stat.
4157, 40 U.S.C. 1003 note) is amended by striking ``section 8(b) of the
Act referred to in section 4401(b)),'' and inserting ``section 8(b) of
the Act referred to in section 508(b),''.
SEC. 9. ADVISORY COUNCIL ON HISTORIC PRESERVATION REAUTHORIZATION.
The first sentence of section 205(g) of title II of the National
Historic Preservation Act (16 U.S.C. 470 et seq.) is amended by
striking ``and are otherwise available for the purpose.'' and inserting
``and are otherwise available for that purpose.''.
SEC. 10. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
Section 510(a)(1) of division I of the Omnibus Parks Act (110 Stat.
4158; 16 U.S.C. 461 note) is amended by striking ``the contribution of
our national heritage'' and inserting ``the contribution to our
national heritage''.
SEC. 11. NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT.
(a) Section 511(c) of division I of the Omnibus Parks Act (110
Stat. 4160; 16 U.S.C. 410ddd) is amended--
(1) in paragraph (1) by striking ``certain districts
structures, and relics'' and inserting ``certain districts,
structures, and relics''; and
(2) in clause (2)(A)(i) by striking ``The area included
with the New Bedford National Historic Landmark District, known
as the'' and inserting ``The area included within the New
Bedford Historic District, a National Landmark District, also
known as the''.
(b) Section 511 of division I of the Omnibus Parks Act (110 Stat.
4159; 16 U.S.C. 410ddd) is amended--
(1) by striking ``(e) General Management Plan.'' and
inserting ``(f) General Management Plan.''; and
(2) by striking ``(f) Authorization of Appropriations.''
and inserting ``(g) Authorization of Appropriations.''.
(c) Section 511(g) of division I of the Omnibus Parks Act (110
Stat. 4159; 16 U.S.C. 410ddd) is further amended--
(1) by striking ``to carry out the activities under section
3(D).'' and inserting ``to carry out the activities under
subsection (d).''; and
(2) by striking ``pursuant to cooperative grants under
subsection (d)(2).'' and inserting ``pursuant to cooperative
grants under subsection (e)(2).''.
SEC. 12. NICODEMUS NATIONAL HISTORIC SITE.
Section 512(a)(1)(B) of division I of the Omnibus Parks Act (110
Stat. 4163; 16 U.S.C. 461 note) is amended by striking ``Afican-
Americans'' and inserting ``African-Americans''.
SEC. 13. UNALASKA.
Section 513(c) of division I of the Omnibus Parks Act (110 Stat.
4165; 16 U.S.C. 461 note) is amended by striking ``whall be comprised''
and inserting ``shall be comprised''.
SEC. 14. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION STUDY.
Section 603(d)(2) of division I of the Omnibus Parks Act (110 Stat.
4172; 16 U.S.C. 1a-5 note) is amended by striking ``The study under
subsection (b) shall--'' and inserting ``The study shall--''.
SEC. 15. SHENANDOAH VALLEY BATTLEFIELDS.
(a) Section 606(d) of division I of the Omnibus Parks Act (110
Stat. 4175; 16 U.S.C. 461 note) is amended--
(1) in paragraph (1) by striking ``established by section
5.'' and inserting ``established by subsection (e).'';
(2) in paragraph (2) by striking ``established by section
9.'' and inserting ``established by subsection (h).''; and
(3) in paragraph (3) by striking ``under section 6.'' and
inserting ``under subsection (f).''.
(b) Section 606(g)(5) of division I of the Omnibus Parks Act (110
Stat. 4177; 16 U.S.C. 461 note) is amended by striking ``to carry out
the Commission's duties under section 9.'' and inserting ``to carry out
the Commission's duties under subsection (i).''.
SEC. 16. WASHITA BATTLEFIELD.
Section 607(d)(2) of division I of the Omnibus Parks Act (110 Stat.
4181; 16 U.S.C. 461 note) is amended by striking ``will work with local
land owners'' and inserting ``will work with local landowners''.
SEC. 17. SKI AREA PERMIT RENTAL CHARGE.
Section 701 of division I of the Omnibus Parks Act (110 Stat. 4182;
16 U.S.C. 497c) is amended--
(1) in subsection (d)(1) and in subsection (d) last
paragraph, after ``1994-1995 base year,'' insert ``AGR'';
(2) in subsection (f) by striking ``sublessees'' and
inserting ``subpermittees''; and
(3) in subsection (f) by striking ``(except for bartered
goods and complimentary lift tickets)'' and inserting ``(except
for bartered goods and complimentary lift tickets offered for
commercial or other promotion purposes).''
SEC. 18. ROBERT J. LAGOMARSINO VISITOR CENTER.
Section 809(b) of division I of the Omnibus Parks Act (110 Stat.
4189; 16 U.S.C. 410ff note) is amended by striking ``referred to in
section 301'' and inserting ``referred to in subsection (a)''.
SEC. 19. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.
(a) Section 814(a) of division I of the Omnibus Parks Act (110
Stat. 4190; 16 U.S.C. 17o. note) is amended--
(1) in paragraph (7) by striking ``(B) Comptetitive
leasing.--'' and inserting ``(B) Competitive leasing.--'';
(2) in paragraph (9) by striking ``granted by statue'' and
inserting ``granted by statute'';
(3) in paragraph (11)(B)(ii) by striking ``more cost
effective'' and inserting ``more cost-effective'';
(4) in paragraph (13) by striking ``established by the
agency under paragraph (13),'' and inserting ``established by
the agency under paragraph (12),''; and
(5) in paragraph (18) by striking ``under paragraph
(7)(A)(i)(I), any lease under paragraph (11)(B), and any lease
of seasonable quarters under subsection (1),'' and inserting
``under paragraph (7)(A), and any lease under paragraph
(11),''.
(b) Section 7(c)(2) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 4601-9(c)) is amended--
(1) in subparagraph (C) by striking ``The sum of the total
appraised value of the lands, water, and interest therein'' and
inserting ``The sum of the total appraised value of the lands,
waters, and interests therein''; and
(2) in subparagraph (F) by striking ``all property owners
whose lands, water, or interests therein, or a portion of whose
lands, water, or interests therein,'' and inserting ``all
property owners whose lands, waters, or interests therein, or a
portion of whose lands, waters, or interests therein,''.
(c) Section 814(d)(2)(E) of division I of the Omnibus Parks Act
(110 Stat. 4196; 16 U.S.C. 431 note) is amended by striking ``(Public
Law 89-665; 16 U.S.C. 470w-6(a)), is amended by striking'' and
inserting ``(Public Law 89-665; 16 U.S.C. 470w-6(a)), by striking''.
(d) Section 814(g)(1)(A) of division I of the Omnibus Parks Act
(110 Stat. 4199; 16 U.S.C. 1f) is amended by striking ``(as defined in
section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a))),'' and
inserting ``(as defined in section 2(a) of the Act of August 8, 1953
(16 U.S.C. 1(c)(a))),''.
SEC. 20. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR.
Section 10 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended--
(1) in subsection (b) by striking ``For fiscal years 1996,
1997 and 1998,'' and inserting ``For fiscal years 1998, 1999,
and 2000,''; and
(2) in subsection (d)(2) by striking ``may be made in the
approval plan'' and inserting ``may be made in the approved
plan''.
SEC. 21. TALLGRASS PRAIRIE NATIONAL PRESERVE.
(a) Section 1002(a)(4)(A) of division I of the Omnibus Parks Act
(110 Stat. 4204; 16 U.S.C. 689u) is amended by striking ``to purchase a
portion of the ranch,'' and inserting ``to acquire a portion of the
ranch,''.
(b) Section 1004(b) of division I of the Omnibus Parks Act (110
Stat. 4205; 16 U.S.C. 689u-3) is amended by striking ``of June 3,
1994,'' and inserting ``on June 3, 1994,''.
(c) Section 1005(g)(3)(A) of division I of the Omnibus Parks Act
(110 Stat. 4207. 16 U.S.C. 689u-3) is amended by striking ``Maintaining
and enhancing the tall grass prairie'' and inserting ``Maintaining and
enhancing the tallgrass prairie''.
SEC. 22. RECREATION LAKES.
(a) Section 1021(a) of division I of the Omnibus Parks Act (110
Stat. 4210; 16 U.S.C. 4601-10e note) is amended by striking ``for
recreational opportunities at federally-managed manmade lakes'' and
inserting ``for recreational opportunities at federally managed manmade
lakes''.
(b) Section 13 of the Land and Water Conservation Fund Act of 1965
(Public Law 88-578, 78 Stat. 897) is amended--
(1) in subsection (b)(6) by striking ``the economics and
financing of recreation related infrastructure.'' and inserting
``the economic and financing of recreation-related
infrastructure.'';
(2) in subsection (e) by striking ``The report shall review
the extent of water related recreation'' and inserting ``The
report shall review the extent of water-related recreation'';
and
(3) in subsection (e)(2) by striking ``at federally-managed
lakes'' and inserting ``at federally managed lakes''.
SEC. 23. BOSTON HARBOR ISLANDS RECREATION AREA.
(a) Section 1029(d)(6) of division I of the Omnibus Parks Act (110
Stat. 4235; 16 U.S.C. 460kkk) is amended by striking ``(6) Relationship
of recreation area to boston-logan international airport.'' and by
inserting ``(6) Relationship of recreation area to boston-logan
international airport.''.
(b) Section 1029(e)(3)(B) of division I of the Omnibus Parks Act of
1996 (110 Stat. 4235; 16 U.S.C. 460kkk) is amended by striking
``pursuant to subsections (b)(3), (4), (5), (6), (7), (8), (9), and
(10).'' and inserting ``pursuant to subparagraphs (e)(2)(C), (D), (E),
(F), (G), (H), (I), and (J).''.
(c) Section 1029(f)(2)(A)(I) of division I of the Omnibus Parks Act
(110 Stat. 4236; 16 U.S.C. 460kkk) is amended by striking ``and a
delineation of profit sector roles and responsibilities.'' and
inserting ``and a delineation of private-sector roles and
responsibilities.''.
(d) Section 1029(g)(1) of division I of the Omnibus Parks Act (110
Stat. 4238; 16 U.S.C. 460kkk) is amended by striking ``and revenue
raising activities.'' and inserting ``and revenue-raising
activities.''.
SEC. 24. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3(b)(1) of the Act of October 8, 1988, entitled ``An Act to
create a national park at Natchez, Mississippi'' (16 U.S.C. 410oo et
seq.), is amended by striking ``and visitors' center for Natchez
National Historical Park.'' and inserting ``and visitor center for
Natchez National Historical Park.''.
SEC. 25. REGULATION OF FISHING IN CERTAIN WATERS OF ALASKA.
Section 1035 of division I of the Omnibus Parks Act (110 Stat.
4240; 16 U.S.C. 1 note) is amended by striking ``sec. 1035. regulations
of fishing in certain waters of alaska.'' and inserting ``sec. 1035.
regulation of fishing in certain waters of alaska.''.
SEC. 26. NATIONAL COAL HERITAGE AREA.
(a) Section 104(4) of division II of the Omnibus Parks Act (110
Stat. 4244; 16 U.S.C. 461 note) is amended by striking ``that will
further history preservation in the region.'' and inserting ``that will
further historic preservation in the region.''.
(b) Section 105 of division II of the Omnibus Parks Act (110 Stat.
4244; 16 U.S.C. 461 note) is amended by striking ``The resources
eligible for the assistance under paragraphs (2) and (5) of section
104'' and inserting ``The resources eligible for the assistance under
paragraph (2) of section 104''.
(c) Section 106(a)(3) of division II of the Omnibus Parks Act (110
Stat. 4244; 16 U.S.C. 461 note) is amended by striking ``or Secretary
to administer any properties'' and inserting ``or the Secretary to
administer any properties''.
SEC. 27. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) Section 201(b)(4) of division II of the Omnibus Parks Act (110
Stat. 4245; 16 U.S.C. 461 note) is amended by striking ``and associated
sites associated with the Civil War'' and insert ``and sites associated
with the Civil War''.
(b) Section 207(a) of division II of the Omnibus Parks Act (110
Stat. 4248; 16 U.S.C. 461 note) is amended by striking ``as provide for
by law or regulation.'' and inserting ``as provided for by law or
regulation.''.
SEC. 28. AUGUSTA CANAL NATIONAL HERITAGE AREA.
Section 301(1) of division II of the Omnibus Parks Act (110 Stat.
4249; 16 U.S.C. 461 note) is amended by striking ``National Historic
Register of Historic Places,'' and inserting ``National Register of
Historic Places,''.
SEC. 29. ESSEX NATIONAL HERITAGE AREA.
Section 501(8) of division II of the Omnibus Parks Act (110 Stat.
4257; 16 U.S.C. 461 note) is amended by striking ``a visitors' center''
and inserting ``a visitor center''.
SEC. 30. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.
(a) Section 805(b)(2) of division II of the Omnibus Parks Act (110
Stat. 4269; 16 U.S.C. 461 note) is amended by striking ``One
individuals,'' and inserting ``One individual,''.
(b) Section 808(a)(3)(A) of division II of the Omnibus Parks Act
(110 Stat. 4272; 16 U.S.C. 461 note) is amended by striking ``from the
Committee.'' and inserting ``from the Committee,''.
SEC. 31. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA.
Section 908(a)(1)(B) of division II of the Omnibus Parks Act (110
Stat. 4279; 16 U.S.C. 461 note) is amended by striking ``directly on
nonfederally owned property'' and inserting ``directly on non-federally
owned property''. | Amends the Omnibus Parks and Public Lands Management Act of 1996 to make technical amendments to provisions regarding specified national historical parks, preserves, memorials, battlefields, visitor centers, recreation lakes and areas, heritage areas, and historic reserves, districts, and sites.
Extends, through FY 2000, the authorization of appropriations for preservation of structures on or eligible for inclusion on the National Register of Historic Places within the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the Autocycle Safety Act.
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
(a) Defined Term.--Section 30102(a) of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `autocycle' means a motor vehicle with 3 wheels, an
enclosed occupant compartment, and a steering wheel, which
meets applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.''.
(b) Applicability of Motor Vehicle Safety Standards to
Autocycles.--Chapter 301 of title 49, United States Code, is amended--
(1) in the table of sections, by striking the items
relating to sections 30113 and 30114 and inserting the
following:
``30113. Exemptions.
``30114. Autocycles.'';
(2) in section 30113, by amending the section heading to
read as follows:
``Sec. 30113. Exemptions'';
(3) by redesignating section 30114 as subsection (i) of
section 30113; and
(4) by inserting after section 30113, as amended by
paragraph (3), the following:
``Sec. 30114. Autocycles
``(a) Interim Safety Standards for Autocycles.--During the period
beginning on the date of the enactment of the Autocycle Safety Act and
ending on the effective date of the rules issued pursuant to subsection
(c), a person satisfies the requirements set forth in section 30112(a)
with regard to an autocycle if the autocycle--
``(1) complies with the motor vehicle safety standards for
passenger vehicles with gross vehicle weight ratings of less
than 10,000 pounds, as set forth in Part 571 of title 49, Code
of Federal Regulations, relating to--
``(A) seating systems (FMVSS 207);
``(B) belted occupant crash protection (FMVSS 208);
``(C) seat belt assemblies (FMVSS 209);
``(D) seat belt assembly anchorages (FMVSS 210);
``(E) child restraint systems (FMVSS 213);
``(F) roof crush resistance (FMVSS 216);
``(G) child restraint anchorage systems (FMVSS
225); and
``(H) flammability of interior materials (FMVSS
302);
``(2) meets the performance criteria relating to upper
interior impact set forth in FMVSS 201 to the extent possible
to reach the target points;
``(3) is equipped with a steering wheel air bag, 2 curtain
side impact air bags, anti-lock brakes, and electronic
stability control; and
``(4) complies with the motor vehicle safety standards for
motorcycles, as set forth in Part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) brake hoses (FMVSS 106);
``(B) lamps, reflective devices, and associated
equipment (FMVSS 108);
``(C) rearview mirrors (FMVSS 111);
``(D) motor vehicle brake fluids (FMVSS 116);
``(E) new pneumatic tires (FMVSS 119);
``(F) tire selection and rims (FMVSS 120);
``(G) motorcycle brake systems (FMVSS 122);
``(H) motorcycle controls and displays (FMVSS 123);
and
``(I) glazing materials (FMVSS 205).
``(b) Applicability.--In determining which motor vehicle safety
standards are applicable to autocycles, the Secretary of Transportation
shall--
``(1) apply motorcycle safety standards to those aspects of
an autocycle's performance regulated through the motor vehicle
safety standards applicable to motorcycles; and
``(2) apply passenger car safety standards to those aspects
of an autocycle's performance regulated through motor vehicle
safety standards that are not otherwise regulated through a
motorcycle standard.
``(c) Rulemaking.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the Autocycle Safety Act, the Secretary shall
issue such final rules, interpretations, and test procedures
that may be necessary to adapt passenger car safety standards
to autocycles in accordance with subsection (b)(2).
``(2) Rulemaking.--In issuing rules to preserve autocycle
safety pursuant to paragraph (1), the Secretary shall--
``(A) provide autocycle manufacturers with
appropriate lead time to comply with the safety
standards set forth in such rules; and
``(B) comply with the requirements and
considerations set forth in subsections (a) and (b) of
section 30111.''.
SEC. 3. AUTOCYCLE FUEL ECONOMY.
Section 32901(a) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (3) through (19) as
paragraphs (4) through (20), respectively;
(2) by inserting after paragraph (2) the following:
``(3) `autocycle' means a passenger automobile with 3
wheels and an enclosed occupant compartment, which meets
applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.'';
(3) in paragraph (4), as redesignated, by inserting ``or an
autocycle'' after ``a 4-wheeled vehicle''; and
(4) in paragraph (19), as redesignated, by inserting
``(including an autocycle)'' after the ``means an automobile''. | Autocycle Safety Act This bill defines "autocycle" as a motor vehicle with three wheels, an enclosed occupant compartment, and a steering wheel, which meets applicable federal motor vehicle safety standards. Specified interim automotive and motorcycle safety standards apply to autocycles until at most three years after enactment of this Act, by which time the Secretary of Transportation shall issue appropriate final rules, interpretations, and test procedures. Automotive fuel standards also apply to autocyles. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Services Cost Control Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to reduce health care costs by
encouraging cooperation between hospitals and other medical facilities
in order to contain costs and achieve a more efficient and effective
health care delivery system through the elimination of unnecessary
duplication of expensive medical or high technology services or
equipment while preserving services in geographical proximity to the
communities traditionally served by the facilities.
SEC. 3. TECHNOLOGY AND SERVICES SHARING DEMONSTRATION PROGRAM.
Part D of title VI of the Public Health Service Act (42 U.S.C. 291k
et seq.) is amended by adding at the end thereof the following new
section:
``SEC. 647. TECHNOLOGY AND SERVICES SHARING DEMONSTRATION PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary and the Attorney General
(in this section jointly referred to as the `Administrators')
shall jointly carry out a demonstration program under which
twenty three-year grants are awarded for fiscal year 1994 to
eligible applicants to facilitate collaboration among two or
more licensed hospitals or other medical facilities with
respect to the provision of expensive, capital-intensive
medical technology or other highly resource-intensive services.
Such program shall be designed to demonstrate the extent to
which such agreements result in a reduction in costs to the
facilities and individuals involved, in an increase in access
to care for individuals, and in improvements in the quality of
care.
``(2) Service area.--The Administrators shall determine the
region to be served by a demonstration program under paragraph
(1). In carrying out this section, the Administrators shall
ensure that the operation of such a program preserves the
availability of health services in geographical proximity to
the communities traditionally served by the facilities
participating in the program.
``(b) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
subsection (a), a medical facility or facilities shall prepare
and submit to the Administrators an application at such time,
in such manner, and containing such information as the
Administrators may require, including--
``(A) a statement that such entity desires to
negotiate and enter into a voluntary agreement under
which such entity is operating in one State or region
for the sharing of medical technology or services;
``(B) a description of the nature and scope of the
activities contemplated under the cooperative
agreement;
``(C) a description of the financial arrangement
between the entities that are parties to the agreement;
``(D) a description of the geographical area
generally served by the entities;
``(E) a description of anticipated benefits and
advantages to the providers and to individuals; and
``(F) any other information determined appropriate
by the Administrators.
``(2) Development of evaluation guidelines.--Not later than
90 days after the date of enactment of this section, the
Administrators shall develop regulations, including criteria
and evaluation guidelines with respect to applications
submitted under paragraph (1).
``(3) Evaluations of applications.--The Administrators
shall evaluate applications submitted under paragraph (1). In
determining which applications to approve for purposes of
awarding grants under subsection (a), the Administrators shall
consider whether the agreement described in each such
application meets the criteria and guidelines developed under
paragraph (2) and is likely to result in--
``(A) the enhancement of the quality of care;
``(B) the preservation of services in geographical
proximity to the communities traditionally served by
the applicant;
``(C) improvements in the cost-effectiveness of
high-technology services by the entities involved;
``(D) improvements in the efficient utilization of
the entities' resources and capital equipment;
``(E) the provision of services that would not
otherwise be available;
``(F) the elimination of unnecessary duplication of
hospital resources;
``(G) a reduction in costs to individuals; or
``(H) no undue harm to the care provided
individuals seeking services.
``(c) Allocation of Grant Funds.--
``(1) In general.--Amounts provided under a grant awarded
under subsection (a) shall be used to facilitate collaboration
among entities. Such permissible uses may include
reimbursements for the expenses associated with specialized
personnel, administrative services, support services,
transportation, and instructional programs. Funds may not be
used to purchase expensive, capital-intensive medical
technology or other highly resource-intensive services not
previously owned or provided by the facility.
``(2) Grant award amount.--Entities applying for grants
under subsection (a) shall specify the desired grant award
amount. The Administrators shall determine the appropriate
amount in granting such awards.
``(3) Geographic and size diversity.--In awarding grants
under this section, the Administrators shall assure that, to
the extent reasonably practicable, there is a sufficiently
representative geographic and size distribution of grantees.
``(d) Medical Technology and Services.--
``(1) In general.--Agreements carried out under this
section shall provide for the sharing of medical technology or
eligible services among the entities which are parties to such
agreements.
``(2) Medical technology.--For purposes of this section,
the term `medical technology' includes the drugs, devices,
equipment and medical and surgical procedures utilized in
medical care, and the organizational and support systems within
which such care is provided, that--
``(A) have high capital costs or extremely high
annual operating costs; and
``(B) are technologies with respect to which there
is a reasonable expectation that shared ownership will
avoid a significant degree of the potential excess
capacity of such service in the community or region to
be served under such agreement.
``(3) Eligible services.--With respect to services that may
be shared under an agreement entered into under this section,
such services shall--
``(A) either have high capital costs or extremely
high annual operating costs; and
``(B) be services with respect to which there is a
reasonable expectation that shared ownership will avoid
a significant degree of the potential excess capacity
of such services in the community or region to be
served under such agreement.
Such services may include mobile services.
``(e) Term.--The demonstration program established under this
section shall continue for 3 calendar years.
``(f) Reports.--
``(1) In general.--Grantees shall submit annual reports to
the Administrators containing information on the demonstration
projects funded under this section, as required by the
Administrators.
``(2) To congress.--On the date that occurs 42 months after
the establishment of the demonstration program under this
section, the Administrators shall prepare and submit to the
appropriate committees of Congress, a report concerning results
of the demonstration and the potential for cooperative
agreements of the type entered into under this section to--
``(A) contain health care costs;
``(B) increase the access of individuals to medical
services; and
``(C) improve the quality of health care.
Such report shall also contain the recommendations of the
Administrators with respect to future programs to facilitate
cooperative agreements and recommendations for legislation.
``(g) Relation to Antitrust Laws.--
``(1) In general.--Notwithstanding any provision of the
antitrust laws, it shall not be considered a violation of the
antitrust laws for an entity that receives a grant under
subsection (a) to enter into and carry out activities under a
cooperative agreement in accordance with this section.
``(2) Definition.--For purposes of this subsection, the
term `antitrust laws' means--
``(A) the Act entitled ``An Act to protect trade
and commerce against unlawful restraints and
monopolies'', approved July 2, 1890, commonly known as
the ``Sherman Act'' (26 Stat. 209; chapter 647; 15
U.S.C. 1 et seq.);
``(B) the Federal Trade Commission Act, approved
September 26, 1914 (38 Stat. 717; chapter 311; 15
U.S.C. 41 et seq.);
``(C) the Act entitled ``An Act to supplement
existing laws against unlawful restraints and
monopolies, and for other purposes'', approved October
15, 1914, commonly known as the ``Clayton Act'' (38
Stat. 730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C.
402, 660, 3285, 3691; 29 U.S.C. 52, 53); and
``(D) any State antitrust laws that would prohibit
the activities described in paragraph (1).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $2,500,000 for each of the
fiscal years 1994 through 1996. Any appropriation pursuant to the
preceding sentence shall be subject to section 601 of the Congressional
Budget Act of 1974 (relating to discretionary spending limits).''.
SEC. 4. CERTIFICATE OF REVIEW PROCESS.
(a) Issuance of Certificate of Review.--
(1) In general.--The Attorney General may issue a
certificate of review with a three-year term to licensed
hospitals and other medical facilities that enter into
cooperative agreements with respect to the provision of
expensive, capital-intensive medical technology or other highly
resource-intensive services if such agreements--
(A) are designed to result in a reduction in
unnecessary duplication of services, in a reduction in
costs to individuals, in an increase in access to care
for individuals, or in improvements in the quality of
care;
(B) will not unreasonably enhance, stabilize, or
depress prices within the United States for the
equipment or services of the class under the agreement;
and
(C) will not constitute unfair methods of
competition against competitors engaged in providing
the services of the class under the agreement.
(2) Deadline for response to application.--The Attorney
General shall respond to a request for a certificate of review
under paragraph (1) not later than 90 days after receiving the
request.
(b) Protection Conferred by Certificate of Review.--
(1) Protection from civil or criminal antitrust actions.--
Except as provided in paragraph (2), no criminal or civil
action may be brought under the antitrust laws against a
hospital or other medical facility to which a certificate of
review under subsection (a) is issued which is based on conduct
which is specified in, and compliance with the terms of, such
certificate of review which certificate was in effect when the
conduct occurred.
(2) Civil actions.--
(A) Any person who has been injured as a result of
conduct engaged in under a certificate of review under
subsection (a) may bring a civil action for injunctive
relief, actual damages, the loss of interest on actual
damages, and the cost of suit (including a reasonable
attorney's fee) for the failure to comply with the
standards of such subsection. Any action commenced
under this subsection shall proceed as if it were an
action commenced under section 4 or section 16 of the
Clayton Act, except that the standards of subsection
(a) and the remedies provided in this paragraph shall
be the exclusive standards and remedies applicable to
such action.
(B) Any action brought under subparagraph (A) shall
be filed within two years of the date the plaintiff has
notice of the failure to comply with the standards of
subsection (a) but in any event within 4 years after
the cause of action accrues.
(C) In any action brought under subparagraph (A),
there shall be a presumption that conduct which is
specified in and complies with a certificate of review
does comply with the standards of subsection (a).
(D) In any action brought under subparagraph (A),
if the court finds that the conduct does comply with
the standards of subsection (a), the court shall award
to the hospital or other medical facility against which
the claim is brought the cost of suit attributable to
defending against the claim (including a reasonable
attorney's fee).
(E) The Attorney General may file a suit pursuant
to section 15 of the Clayton Act (15 U.S.C. 25) to
enjoin conduct threatening clear and irreparable harm
to the national interest. | Health Services Cost Control Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services and the Attorney General to jointly carry out a demonstration program of 20 three-year grants for collaboration among hospitals or other medical facilities regarding the provision of expensive, capital-intensive medical technology or other highly resource-intensive services. Requires that projects be designed to demonstrate a reduction in costs, an increase in access to care, and improvements in the quality of care. Authorizes appropriations.
Authorizes the Attorney General to issue a three-year certificate of review to medical facilities that enter into cooperative agreements with respect to the provision of expensive, capital-intensive medical technology or other highly resource-intensive services. Prohibits criminal or civil antitrust actions against a facility for conduct in compliance with a certificate. Allows any person injured as a result of conduct engaged in under a certificate to specified relief. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Compensation Tax Reform
Act of 2002''.
SEC. 2. REPEAL OF 1978 REVENUE ACT LIMITATION ON SECRETARY OF THE
TREASURY'S AUTHORITY TO DETERMINE YEAR OF INCLUSION OF
AMOUNTS UNDER PRIVATE DEFERRED COMPENSATION PLANS.
(a) Repeal.--Section 132 of the Revenue Act of 1978 (Public Law 95-
600) is repealed.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. TREATMENT OF EMPLOYMENT LOANS MADE TO EXECUTIVES.
(a) In General.--Subchapter C of chapter 80 of the Internal Revenue
Code of 1986 (relating to provisions affecting more than one subtitle)
is amended by adding after section 7872 the following new section:
``SEC. 7872A. TREATMENT OF EMPLOYMENT LOANS MADE TO EXECUTIVES.
``(a) General Rule.--If an employer directly or indirectly makes a
loan to an applicable employee--
``(1) such loan shall be treated as compensation to the
employee for purposes of subtitles A and C if the requirements
of subsection (b) are not met with respect to such loan, and
``(2) if the principal amount of such loan, when added to
the aggregate outstanding balance (as of the date of such loan)
of all other loans made directly or indirectly by the employer
to such employee, exceeds $1,000,000, then the rules of
subsection (c) shall for purposes of applying section 7872 to
such loan.
``(b) Minimum Requirements To Be Treated As a Loan.--
``(1) In general.--A loan meets the requirements of this
subsection only if--
``(A) the loan is evidenced by a promissory note or
other written evidence of indebtedness,
``(B) there is adequate collateral or security for
the loan, and
``(C) there is a fixed schedule (not greater than
10 years) for repayment of principal and interest on
the loan.
``(2) Collateral.--For purposes of paragraph (1)(B), there
shall not be taken into account as collateral or security any
assets acquired by the employee by reason of the employee's
employment with the employer, including any stock or capital or
profits interests in the employer, any option or other contract
to purchase such stock or interests, any restricted stock or
ownership interest, or any nonqualified deferred compensation.
``(3) Relocation loans.--Paragraph (1)(C) shall not apply
to a loan by an employer to an employee the proceeds of which
are used by the employee to purchase a principal residence if
the purchase is in connection with the commencement of work by
an employee or a change in the principal work of an employee to
which section 217 applies.
``(c) Application of Section 7872 to Excessive Loans.--If
subsection (a)(2) applies to a loan, in determining whether such loan
is a below-market loan to which section 7872 applies (and in applying
such section to such loan if it is a below-market loan)--
``(1) such loan shall not be treated as a gift loan or
demand loan, and
``(2) the discount rate used in determining the present
value of any payment due under the loan shall be the applicable
Federal rate plus 3 percentage points.
``(d) Rules Applicable to Amounts Treated as Compensation.--
``(1) In general.--If subsection (a)(1) applies to a loan
made by an employer to an applicable employee, the employer
shall be treated as having made a supplemental wage payment to
the employee in an amount equal to the principal amount of the
loan. Such payment shall be treated as having been made on the
date the loan was made.
``(2) Subsequent repayments.--If an employee repays any
principal on a loan to which subsection (a)(1) applies--
``(A) there shall be allowed as a deduction to the
employee for the taxable year of the repayment the
amount of such repayment, and
``(B) the amount treated as compensation for
purposes of subtitle C for the calendar year of the
repayment shall be reduced by the amount of such
repayment.
The amount of the reduction under subparagraph (B) shall not
exceed the amount treated as compensation for purposes of
subtitle C by reason of this section and shall be carried to 1
or more succeeding calendar years to the extent such amount
exceeds the aggregate amount of compensation for the year of
the repayment and succeeding years.
``(e) Other Definitions and Rules.--For purposes of this section--
``(1) Applicable employee.--
``(A) In general.--The term `applicable employee'
means an employee who, at the time the loan is made--
``(i) is an officer or director of the
employer,
``(ii) is a 5-percent owner (within the
meaning of section 416(i)) of the employer, or
``(iii) has an aggregate outstanding
balance of loans (including such loan) made
directly or indirectly to the employee by the
employer in excess of $1,000,000.
``(B) Applicable rules.--For purposes of
subparagraph (A)--
``(i) the term `employee' includes a
director and a self-employed individual (within
the meaning of section 401(c)(1)), and
``(ii) in the case of an employer which is
not a corporation, an individual shall be
treated as an officer or director if the
individual holds any comparable position with
the employer.
``(2) Aggregation.--All persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as a single person for purposes of this section.''
(b) Conforming Amendment.--The table of sections for subchapter C
of chapter 80 of the Internal Revenue Code of 1986 is amended by adding
after the item relating to section 7872 the following new item:
``Sec. 7872A. Treatment of employment loans made to executives.''
(c) Effective Date.--The amendments made by this section shall
apply to--
(1) loans made after the date of the enactment of this Act,
and
(2) refinancings after such date of loans made before such
date.
SEC. 4. CERTAIN SALES OF COMPANY STOCK BY CORPORATE INSIDERS TO BE
SUBJECT TO EXCISE TAX ON GOLDEN PARACHUTE PAYMENTS.
(a) In General.--Section 4999 of the Internal Revenue Code of 1986
(relating to golden parachute payments) is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection (b)
the following new subsection:
``(c) Certain Sales of Company Stock by Corporate Insiders.--
``(1) In general.--For purposes of this section, the term
`excess parachute payment' includes any amount realized by a
corporate insider on the sale or exchange of stock in the
corporation with respect to which the individual is a corporate
insider if such sale or exchange occurs while such corporation
(or any other entity consolidated with such corporation for
purposes of reporting to the Securities and Exchange
Commission) maintains a transfer-restricted 401(k) plan.
``(2) Corporate insider.--For purposes of this subsection,
the term `corporate insider' means, with respect to a
corporation, any individual who is subject to the requirements
of section 16(a) of the Securities Exchange Act of 1934 with
respect to such corporation.
``(3) Transfer-restricted 401(k) plan.--For purposes of
this subsection, the term `transfer-restricted 401(k) plan'
means, with respect to any period, any qualified cash or
deferred arrangement (as defined in section 401(k)(2)) if,
during such period, any participant in such arrangement is not
able to freely sell employer stock--
``(A) which is held in such participant's account
under such arrangement, and
``(B) which is attributable to employee
contributions, employer contributions, or earnings
thereon.
``(4) Application of subsection.--This subsection shall
apply to sales and exchanges during the 6-month period
beginning on the date of the enactment of this subsection.''
(b) Effective Date.--The amendment made by this section shall apply
to sales and exchanges after the date of the enactment of this Act.
SEC. 5. INCLUSION IN INCOME OF CERTAIN DEFERRED AMOUNTS OF INSIDERS OF
CORPORATIONS WHICH EXPATRIATE TO AVOID UNITED STATES
INCOME TAX.
(a) In General.--Part II of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically included
in gross income) is amended by adding at the end the following new
section:
``SEC. 91. UNREALIZED GAIN ON STOCK OPTIONS OF INSIDERS OF CORPORATIONS
WHICH EXPATRIATE TO AVOID UNITED STATES INCOME TAX.
``(a) In General.--In the case of a corporate insider of any
expatriate corporation, the gross income of such insider (for the
taxable year during which such corporation becomes an expatriate
corporation) shall include as ordinary income the net unrealized built-
in gain on options held by such insider to acquire stock in such
corporation or in any member of the expanded affiliated group which
includes such corporation. Proper adjustments shall be made in the
amount of any gain or loss subsequently realized with respect to such
options for any amount included in gross income under the preceding
sentence.
``(b) Definitions.--For purposes of this section--
``(1) Corporate insider.--The term `corporate insider'
means, with respect to a corporation, any individual who is
subject to the requirements of section 16(a) of the Securities
Exchange Act of 1934 with respect to such corporation.
``(2) Expatriate corporation.--
``(A) In general.--The term `expatriate
corporation' means the acquiring corporation in a
corporate expatriation transaction.
``(B) Corporate expatriation transaction.--For
purposes of this paragraph--
``(i) In general.--The term `corporate
expatriation transaction' means any transaction
if--
``(I) a nominally foreign
corporation (referred to in this
subparagraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly substantially all of the
properties held directly or indirectly
by a domestic corporation, and
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation.
``(ii) Lower stock ownership requirement in
certain cases.--Subclause (II) of clause (i)
shall be applied by substituting `50 percent'
for `80 percent' with respect to any nominally
foreign corporation if--
``(I) such corporation does not
have substantial business activities
(when compared to the total business
activities of the expanded affiliated
group) in the foreign country in which
or under the law of which the
corporation is created or organized,
and
``(II) the stock of the corporation
is publicly traded and the principal
market for the public trading of such
stock is in the United States.
``(iii) Partnership transactions.--The term
`corporate expatriation transaction' includes
any transaction if--
``(I) a nominally foreign
corporation (referred to in this
paragraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly properties constituting a
trade or business of a domestic
partnership,
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
partners of the domestic partnership or
related foreign partnerships
(determined without regard to stock of
the acquiring corporation which is sold
in a public offering related to the
transaction), and
``(III) the acquiring corporation
meets the requirements of subclauses
(I) and (II) of clause (ii).
``(iv) Special rules.--For purposes of this
subparagraph--
``(I) a series of related
transactions shall be treated as 1
transaction, and
``(II) stock held by members of the
expanded affiliated group which
includes the acquiring corporation
shall not be taken into account in
determining ownership.
``(v) Nominally foreign corporation.--The
term `nominally foreign corporation' means any
corporation which would (but for this
subparagraph) be treated as a foreign
corporation.
``(3) Net realized built-in gain.--The term `net unrealized
built-in gain' means, with respect to options to acquire stock
in any corporation, the amount which would be required to be
included in gross income were such options exercised.
``(4) Expanded affiliated group.--The term `expanded
affiliated group' means an affiliated group (as defined in
section 1504(a) without regard to section 1504(b)).''
(b) Clerical Amendment.--The table of sections for such part II is
amended by adding at the end the following new item:
``Sec. 91. Certain deferred amounts of
insiders of corporations which
expatriate to avoid United
States income tax.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to corporate expatriation transactions completed
after the date of the enactment of this Act, and to taxable years
ending after such date. | Executive Compensation Tax Reform Act of 2002 - Repeals provision of the Revenue Act of 1978 which limits the Secretary of the Treasury's authority to determine the taxable year of inclusion in gross income of amounts under private deferred compensation plans.Amends the Internal Revenue Code to classify a loan by an employer to an employee as compensation unless it meets specified requirements, including that it is evidenced by a promissory note.Subjects the sale or exchange of stock in a corporation by a corporate insider to an excise tax on golden parachute payments if such sale or exchange occurs while the corporation or another entity consolidated with the corporation maintains a transfer-restricted 401(k) plan.Includes in gross income of a corporate insider of an expatriate corporation the net unrealized built-in gain on options held by such insider to acquire stock in the corporation or in any member of the expanded affiliated group which includes the corporation. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Health and Wellness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) High levels of stress are adversely affecting teachers'
health. Teachers with high levels of stress are less effective
in raising student achievement than their healthier peers.
(2) Elementary school teachers who have greater stress and
show more symptoms of depression create classroom environments
that are less conducive to learning.
(3) Stress is contributing to the high turnover rate among
teachers, which causes instability for students and
communities. This leads to higher costs for school districts to
train new teachers and hinders students' academic success.
(4) School organization, low job autonomy, and a lack of
ability to access teacher leadership opportunities are main
sources of teacher stress. If teachers are unable to manage
their stress levels, this leads to lower level teacher
instruction, which then impacts student well-being.
(5) High teacher turnover brings down students' math and
language arts scores.
(6) According to a 2014 Gallup survey, 46 percent of
teachers experience high daily stress during the school year.
This percentage is tied for the highest rate of high daily
stress among occupations and is a significant increase from
teacher stress levels in 1985.
(7) Stress affects the health and well-being of teachers.
In a study of high school teachers, 46 percent of teachers were
diagnosed with excessive daytime sleepiness and 51 percent with
poor sleep quality, which compromises health quality of life
and teaching performance.
SEC. 3. STUDY ON REDUCING TEACHER STRESS AND INCREASING TEACHER
RETENTION AND WELL-BEING.
(a) In General.--The Director of the National Institutes of Health
shall carry out a five-year study on reducing teacher stress and
increasing teacher retention and well-being by implementing and
analyzing the results of any of the following programs:
(1) Workplace wellness programs that are designed to
improve teacher health, attendance, and engagement.
(2) Social emotional learning programs that help teachers
improve student engagement in the classroom.
(3) Teacher stress management programs that improve teacher
performance.
(4) Mentoring and induction programs during the school year
and teacher pre-service that improve teacher well-being.
(5) Organizational interventions such as principal training
programs that reduce stress through supervisor/peer support and
increasing opportunities for teachers to participate in
professional learning communities, teacher leadership
positions, and decision making regarding school interventions
and management.
(6) Teacher residency programs that provide mental health
and psychological support.
(7) Complementary health approaches, such as mindfulness
meditation, that improve teacher performance.
(8) School reorganization that creates the conditions to
facilitate the transmission and sharing of knowledge among
teachers.
(9) Other innovative evidence-based approaches that reduce
stress and increase well-being in the teaching profession,
which may include increased compensation.
(b) Report.--
(1) In general.--Not later than one year after the end of
the study carried out under subsection (a), the Director shall
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report
including--
(A) the results of the study carried out under
subsection (a); and
(B) recommendations for--
(i) decreasing teacher stress and
increasing teacher retention and well-being;
and
(ii) lowering stress-related health care
costs for teachers.
(2) Availability.--The Director shall make publicly
available the report submitted under paragraph (1).
(c) Definitions.--In this section:
(1) Complementary health approach.--The term
``complementary health approach'' includes integrative health
care, adjunctive health care, and functional medicine.
(2) Director.--The term ``Director'' means the Director of
the National Institutes of Health.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) State educational agency.--The term ``State educational
agency'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(d) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this Act. Such requirements
shall be carried out using amounts otherwise authorized. | Teacher Health and Wellness Act This bill directs the National Institutes of Health to carry out a five-year study on reducing teacher stress and increasing teacher retention and well-being by implementing and analyzing the results of any of several types of innovative approaches that include: workplace wellness programs; social emotional learning programs; teacher stress management programs; mentoring and induction programs during the school year and teacher pre-service; organizational interventions such as principal training programs; teacher residency programs; complementary health approaches, such as mindfulness meditation; and school reorganization. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fueling America's Future Act of
2014''.
SEC. 2. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) Repeal of Limitation for Zero Carbon Emission Fuel.--Paragraph
(6) of section 30C(e) of the Internal Revenue Code of 1986 is amended
to read as follows:
``(6) Special rule for zero carbon emission refueling
property.--In the case of any property relating to zero-
emission fuel, subsection (b) shall not apply.''.
(b) Extension for Zero Carbon Emission Fuel.--Subsection (g) of
section 30C of such Code is amended by striking ``and'' at the end of
paragraph (1), by redesignating paragraph (2) as paragraph (3), and by
inserting after paragraph (1) the following new paragraph:
``(2) in the case of any property relating to zero carbon
emission fuel, after December 31, 2024, and''.
(c) Zero Carbon Emission Fuel.--Subsection (e) of section 30C of
such Code is amended by adding at the end the following new paragraph:
``(7) Zero carbon emission fuel.--For purposes of this
section, the term `zero carbon emission fuel' means any fuel
that does not emit carbon when used as fuel to propel a motor
vehicle (including electricity, hydrogen, or any other zero-
tailpipe emission producing fuel, as determined by the
Secretary of Energy for purposes of this section).''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 3. TAX HOLIDAY FOR BUSINESSES PLACING IN SERVICE ZERO CARBON
EMISSION REFUELING PROPERTY.
Part III of subchapter B of chapter 1 of the Internal Revenue Code
of 1986 is amended by inserting before section 140 the following new
section:
``SEC. 139F. ZERO CARBON EMISSION REFUELING PROPERTY.
``(a) In General.--In the case of any taxpayer who--
``(1) is engaged in the trade or business of storing and
dispensing fuel into the fuel tanks of motor vehicles propelled
by such fuel,
``(2) with respect to such trade or business places in
service any qualified alternative fuel vehicle refueling
property which stores and dispenses zero carbon emission fuel,
and
``(3) elects the application of this section,
gross income shall not include any income derived from such trade or
business (including any income derived from any activities ancillary to
such trade or business and carried on for the convenience of customers
refueling motor vehicles) during the 1-year period beginning on the
date such property was placed in service.
``(b) Special Rules and Definitions.--
``(1) Point-of-sale charger access fee.--
``(A) In general.--For purposes of subsection (a),
in the case of any qualified alternative fuel vehicle
refueling property the only consideration for the use
of which is allocable to a portion of the purchase
price of a vehicle paid at the point of sale of such
vehicle, the taxpayer may elect to treat such allocable
portion as the only gross income derived from the trade
or business of storing and dispensing fuel into the
fuel tanks of motor vehicles.
``(B) Limitation.--Subparagraph (A) shall only
apply with respect to any portion of the purchase price
of a vehicle the original use of which commences with
the purchaser and which is acquired for use or lease by
such purchaser and not for resale.
``(2) Coordination with alternative fuel vehicle refueling
property credit.--No credit shall be allowed under section 30C
with respect to any taxable year of the taxpayer during which
an election is in effect under this section.
``(3) Special rule for electric vehicle supply equipment.--
This section shall not apply with respect to qualified fuel
vehicle refueling property that dispenses electricity unless
such property utilizes a DC Fast Charge or technologically
equivalent or superior system capable of replenishing at least
150 miles of electric-only range in not more than 30 minutes.
``(4) Qualified alternative fuel vehicle refueling
property; zero carbon emission fuel.--For purposes of this
section, the terms `qualified alternative fuel vehicle
refueling property' and `zero carbon emission fuel' shall have
the respective meanings given such terms in section 30C.
``(5) Election.--A taxpayer (including any successor in
interest) may only elect the application of this section once.
``(c) Termination.--This section shall not apply to any property
placed in service after December 31, 2024.''. | Fueling America's Future Act of 2014 - Amends the Internal Revenue Code, with respect to the tax treatment of zero carbon emission refueling property, to: (1) exempt the tax credit for such property from the limitation applicable to the alternative fuel vehicle refueling property tax credit; (2) extend through December 31, 2024, the termination date of the alternative fuel vehicle refueling property tax credit allowed for zero carbon emission refueling property; and (3) exclude from gross income, for income tax purposes, income derived from the operation of zero carbon emission refueling property placed in service prior to 2025. Defines "zero carbon emission fuel" as any fuel that does not emit carbon when used as a fuel to propel a motor vehicle. | billsum_train |
Make a brief summary of the following text: SECTION 1. H-2B NUMERICAL LIMITATIONS.
(a) In General.--Section 214(g)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to read as follows:
``(A)(i) Except as provided in clause (ii), and
subject to subparagraphs (B) and (C), an alien who has
already been counted toward the numerical limitation of
paragraph (1)(B) shall not again be counted toward such
limitation. Such an alien shall be considered a
returning worker.
``(ii) An alien who has already been counted toward
the numerical limitation of paragraph (1)(B) shall
again be counted toward such limitation if such alien
departs the United States for a period of time that is
greater than one year, and has not been counted toward
such limitation in any of the 3 years prior to such
departure.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on January 1, 2013.
SEC. 2. ADDITIONAL REQUIREMENTS FOR H-2B NONIMMIGRANT EMPLOYERS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 218 the following:
``SEC. 218A. REQUIREMENTS FOR H-2B EMPLOYERS.
``(a) Petition Process.--
``(1) In general.--An employer who seeks to employ an H-2B
nonimmigrant shall submit a petition to the Secretary of
Homeland Security in accordance with this subsection.
``(2) Contents.--A petition submitted under paragraph (1)
shall include each of the following:
``(A) The number of named and unnamed H-2B
nonimmigrants the employer is seeking to employ during
the applicable period of employment, and the
anticipated dates of entry (which may be staggered).
``(B) The geographic area of intended employment
for the H-2B nonimmigrants, except that for itinerant
industries that do not operate in a single fixed-site
location, an employer may provide a list of anticipated
work locations, which--
``(i) may include an anticipated itinerary;
and
``(ii) may be subsequently amended by the
employer, with notice to the Secretary of
Homeland Security.
``(C) The anticipated period during which such
employees will be needed, including expected beginning
and ending dates.
``(D) The written disclosure of employment terms
and conditions which will be provided to the proposed
H-2B nonimmigrant beneficiary of the petition before
the date on which the H-2B nonimmigrant files a visa
application.
``(E) Evidence that the employer made efforts to
recruit available, qualified, willing, and able United
States workers for any position for which the employer
seeks an H-2B nonimmigrant worker, which the employer
shall be deemed to have satisfied if the employer--
``(i) not later than 60 days before the
employer's date of need for an H-2B
nonimmigrant, submits the written disclosure of
employment terms and conditions for such worker
to the local office of the State workforce
agency where the job is located, or in the case
of an itinerant employer, where the job is to
begin, and authorizes the posting of the
written disclosure on the appropriate
Department of Labor Electronic Job Registry for
a period of 45 days, except that nothing in
this clause shall require the employer to file
an interstate job order under section 653, of
title 20, Code of Federal Regulations; and
``(ii) keeps a record of all eligible,
able, willing, and qualified United States
workers who apply for employment with the
employer for the job for which an H-2B
nonimmigrant is sought.
``(3) Review.--
``(A) In general.--The Secretary of Homeland
Security shall establish a procedure to process
petitions filed under this subsection, and shall review
each petition submitted by an employer under this
subsection for completeness or obvious inaccuracies.
``(B) Acceptance of petitions.--Not later than 7
days after an employer files a petition, the Secretary
of Homeland Security shall--
``(i) accept the petition unless the
Secretary determines that the petition is
incomplete or obviously inaccurate;
``(ii) submit to the petitioner notice of
acceptance or non-acceptance of the petition
using electronic or other means assuring
expedited delivery; and
``(iii) in the case of an accepted
petition, submit to the United States consulate
notice of acceptance of the petition using
electronic or other means assuring expedited
delivery, if the petitioner has indicated that
the alien beneficiary or beneficiaries will
apply for a visa to the United States at such
consulate.
``(4) Number of positions not reduced by hiring united
states worker.--The Secretary of Homeland Security may not
reduce the number of positions that the Secretary accepts for
an employer pursuant to a petition under this subsection
because the employer hires a United States worker before date
on which the employer indicated it needed workers on the
petition the employer submitted under this subsection.
``(b) Transportation Costs.--
``(1) Transportation to the place of employment.--Not later
than the date on which an H-2B nonimmigrant completes 50
percent of the work period set forth in the petition, an
employer who hires an H-2B nonimmigrant shall reimburse the H-
2B nonimmigrant for the cost of transportation of the most
economic and reasonable common carrier, including documented
and reasonable subsistence costs during the period of travel,
for that H-2B nonimmigrant, from the United States consulate
issuing the visa to the H-2B nonimmigrant or previous worksite
in the United States, if any, to the place of such
nonimmigrant's employment, unless the H-2B nonimmigrant has
been so reimbursed by another employer.
``(2) Transportation from the place of employment.--If an
H-2B nonimmigrant completes the work period set forth in the
petition, and is not traveling to another worksite in the
United States, not later than the time the H-2B nonimmigrant
departs from the worksite, the employer who hired an H-2B
nonimmigrant for that work period shall pay for the cost of
transportation of the most economic and reasonable common
carrier, including an allowance for reasonable subsistence
costs during the period of travel, for that H-2B nonimmigrant,
from the place of employment to the United States consulate
that issued the visa to the H-2B nonimmigrant.
``(c) No Displacement of United States Workers.--
``(1) In general.--An employer may not displace a United
States worker employed by the employer, other than for good
cause, during the period of employment of the H-2B nonimmigrant
and for a period of 30 days preceding such period in the
occupation and at the location of employment for which the
employer seeks to employ an H-2B nonimmigrant.
``(2) Labor dispute.--An employer may not employ an H-2B
nonimmigrant for a specific job for which the employer is
requesting an H-2B nonimmigrant because the former occupant of
the job is on strike or being locked out in the course of a
labor dispute.
``(d) Wages.--The wages to be paid to H-2B nonimmigrants shall be
the greater of--
``(1) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such
position in the same location; or
``(2) the prevailing wage level for the occupational
classification of the position in the geographic area in which
the H-2B nonimmigrant will be employed, based on the best
information available at the time of filing the petition.
``(e) Housing.--An employer is not required to provide housing or a
housing allowance to an H-2B nonimmigrant employee. If an employer does
provide housing or a housing allowance to an H-2B nonimmigrant
employee, the employer may take a wage deduction or credit in an amount
that is equal to the fair value of such housing in accordance with the
Fair Labor Standards Act of 1938.
``(f) Incentive for an Employer To Report an Absconding H-2B
Nonimmigrant Employee.--If an H-2B nonimmigrant terminates employment
prior to the end of the work period set forth in the job order, and the
employer provides timely notice of this termination to the Secretary of
Homeland Security, the Secretary of Homeland Security shall promptly
notify the Secretary of State, and the Secretary of State shall make
available to the employer one additional visa for each such terminating
nonimmigrant in order for the employer to hire a replacement H-2B
nonimmigrant for the same job opportunity without filing an additional
petition.
``(g) Definitions.--In this section, the following definitions
apply:
``(1) The term `H-2B nonimmigrant' means an alien admitted
to the United States pursuant to section 101(a)(15)(H)(ii)(B).
``(2) The term `United States worker' means an employee
who--
``(A) is a citizen or national of the United
States;
``(B) is an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under
section 207 of this title, is granted asylum under
section 208, or is an immigrant otherwise authorized,
by this Act or by the Secretary of Homeland Security,
to be employed; or
``(C) an individual who is not an unauthorized
alien (as defined in section 274A(h)(3)) with respect
to the proposed occupation of the H-2B nonimmigrant.
``(3) The term `best information available', with respect
to determining the prevailing wage for a position, means--
``(A) a controlling collective bargaining
agreement, where the employer is a signatory to a
collective bargaining agreement that sets wages for
work performed by H-2B nonimmigrants;
``(B) if there is no controlling collective
bargaining agreement as set forth in subparagraph (A),
the local, State, or Federal prevailing wage laws or
ordinances, for any time period during which the H-2B
nonimmigrant performs work on a project for which
payment of such wages is required by such laws or
ordinances, and the employer has signed a contract
agreeing to pay such wages on that project; or
``(C) if there is no controlling collective
bargaining agreement as set forth in subparagraph (A)
and the H-2B nonimmigrant is not performing work
governed by a prevailing wage law or ordinance as set
forth in subparagraph (B)--
``(i) the wage level commensurate with the
experience, training, and supervision required
for the job based on Bureau of Labor Statistics
data; or
``(ii) a legitimate private wage survey of
the wages paid for such positions in the
geographic area in which the H-2B nonimmigrant
will be employed.
``(4) The term `legitimate private wage survey' means, in
the case of a petition under subsection (a), a survey of wages
by an entity other than the Federal Government where--
``(A) the data has been collected during the 2-year
period immediately preceding the date of the petition;
``(B) if a published survey, the survey has been
published during the 2-year period immediately
preceding the date of the petition;
``(C) the employer job description is similar to
the survey job description;
``(D) the survey is across industries that employ
workers in the occupation;
``(E) the wage determination is based on a weighted
or straight average of the relevant wages or the median
of relevant wage levels; and
``(F) the survey identifies a statistically valid
methodology that was used to collect the data.
``(h) Rule of Construction.--The benefits and wages provided to an
H-2B nonimmigrant, the services an H-2B nonimmigrant provides to the
employer, the employment opportunities afforded to an H-2B nonimmigrant
by the employer, including those employment opportunities that require
a United States worker or an H-2B nonimmigrant to travel or relocate in
order to accept or perform employment, and other terms or conditions of
the employment of an H-2B nonimmigrant provided for under this section
are for the mutual benefit of the H-2B nonimmigrant and the employer.
``(i) Exclusive Rulemaking Authority.--The Secretary of Homeland
Security shall have the exclusive authority to make rules to implement
this section.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 218 the following:
``218A. Requirements for H-2B Nonimmigrant Employers.''. | Amends the Immigration and Nationality Act with respect to a returning H-2B alien (temporary nonagricultural worker) who has already been counted toward the annual numerical limitation. Exempts such an alien from that limitation unless he or she leaves the United States for more than one year and has not been counted toward the limitation in any of the three years before his or her departure. Sets forth H-2B employer requirements regarding: (1) petitions, (2) transportation costs, (3) displacement of U.S. workers, (4) wages, (5) housing, and (6) an incentive for an employer to report absconding H-2B workers. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bountiful City Land Consolidation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Bountiful,
Utah.
(2) Federal land.--The term ``Federal land'' means the land
under the jurisdiction of the Secretary identified on the map
as ``Shooting Range Special Use Permit Area''.
(3) Map.--The term ``map'' means the map entitled
``Bountiful City Land Consolidation Act'' and dated October 15,
2007.
(4) Non-federal land.--The term ``non-Federal land'' means
the 3 parcels of City land comprising a total of approximately
1,680 acres, as generally depicted on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.
(a) In General.--Subject to subsections (c) through (g), if the
City of Bountiful, Utah, conveys to the Secretary of Agriculture all
right, title, and interest of the City in and to the non-Federal land,
the Secretary shall convey to the City all right, title, and interest
of the United States in and to the Federal land.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Forest Service.
(c) Valuation and Equalization.--
(1) Valuation.--The value of the Federal land and the non-
Federal land to be conveyed under subsection (a)--
(A) shall be equal, as determined by appraisals
carried out in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716); or
(B) if not equal, shall be equalized in accordance
with paragraph (2).
(2) Equalization.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(A) making a cash equalization payment to the
Secretary or to the City, as appropriate; or
(B) reducing the acreage of the Federal land or the
non-Federal land to be exchanged, as appropriate.
(d) Applicable Law.--Section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange authorized under subsection (a), except that the Secretary may
accept a cash equalization payment in excess of 25 percent of the value
of the Federal land.
(e) Conditions.--
(1) Liability.--
(A) In general.--As a condition of the exchange
under subsection (a), the Secretary shall--
(i) require that the City--
(I) assume all liability for the
shooting range located on the Federal
land, including the past, present, and
future condition of the Federal land;
and
(II) hold the United States
harmless for any liability for the
condition of the Federal land; and
(ii) comply with the hazardous substances
disclosure requirements of section 120(h) of
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
(B) Limitation.--Clauses (ii) and (iii) of section
120(h)(3)(A) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)(A)) shall not apply to the conveyance
of Federal land under subsection (a).
(2) Additional terms and conditions.--The land exchange
under subsection (a) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the
Secretary may require.
(f) Management of Acquired Land.--The non-Federal land acquired by
the Secretary under subsection (a) shall be--
(1) added to, and administered as part of, the Wasatch-
Cache National Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
Weeks Law; 16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System.
(g) Easements; Rights-of-Way.--
(1) Bonneville shoreline trail easement.--In carrying out
the land exchange under subsection (a), the Secretary shall
ensure that an easement not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail.
(2) Other rights-of-way.--The Secretary and the City may
reserve any other rights-of-way for utilities, roads, and
trails that--
(A) are mutually agreed to by the Secretary and the
City; and
(B) the Secretary and the City consider to be in
the public interest.
(h) Disposal of Remaining Federal Land.--
(1) In general.--The Secretary may, by sale or exchange,
dispose of all, or a portion of, the parcel of National Forest
System land comprising approximately 220 acres, as generally
depicted on the map that remains after the conveyance of the
Federal land authorized under subsection (a), if the Secretary
determines, in accordance with paragraph (2), that the land or
portion of the land is in excess of the needs of the National
Forest System.
(2) Requirements.--A determination under paragraph (1)
shall be made--
(A) pursuant to an amendment of the land and
resource management plan for the Wasatch-Cache National
Forest; and
(B) after carrying out a public process consistent
with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) Consideration.--As consideration for any conveyance of
Federal land under paragraph (1), the Secretary shall require
payment of an amount equal to not less than the fair market
value of the conveyed National Forest System land.
(4) Relation to other laws.--Any conveyance of Federal land
under paragraph (1) by exchange shall be subject to section 206
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(5) Disposition of proceeds.--Any amounts received by the
Secretary as consideration under subsection (c) or paragraph
(3) shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the Sisk Act; 16 U.S.C.
484a); and
(B) available to the Secretary, without further
appropriation and until expended, for the acquisition
of land or interests in land to be included in the
Wasatch-Cache National Forest.
(6) Additional terms and conditions.--Any conveyance of
Federal land under paragraph (1) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the
Secretary may require. | Bountiful City Land Consolidation Act - Authorizes the Secretary of Agriculture, if the city of Bountiful, Utah, conveys three parcels of land consisting of a total of approximately 1,680 acres to the Secretary, to convey to the city, in exchange for such land, certain federal land identified as Shooting Range Special Use Permit Area on the map entitled "Bountiful City Land Consolidation Act, " dated October 15, 2007. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA-Insured Hospital Conversion and
Re-Utilization Act''.
SEC. 2. GRANTS FOR FHA-INSURED HOSPITALS.
Section 242 of the National Housing Act (12 U.S.C. 1715z-7) is
amended by adding at the end the following new subsections:
``(i) Grants for Hospital Conversion and Re-Utilization.--
``(1) In general.--To the extent amounts are made available
for grants under this subsection, the Secretary may make grants
in accordance with this subsection to owners of eligible
hospitals under paragraph (3) for use only for carrying out
activities designed to convert hospitals (or portions thereof)
to facilities described in paragraph (4).
``(2) Form and use of grants.--Grants under this subsection
may be made only in the following forms for the following uses:
``(A) Capital grants.--In the form of a capital
grant for use only for the capital costs of conversion
activities.
``(B) Interest subsidies.--In the form of periodic
payments of interest subsidies in connection with any
loan made to finance such conversion activities.
``(3) Eligible hospitals.--An eligible hospital under this
paragraph is a hospital that--
``(A) is subject to a mortgage that is insured
under this section;
``(B)(i) is located in an area that the Secretary
determines has excess hospital capacity; or
``(ii) would, in the determination of the
Secretary, improve its financial soundness as a result
of the proposed conversion and re-utilization
activities; and
``(C) has submitted an application to the Secretary
for a grant under this subsection, which has been
approved by the Secretary.
``(4) Eligible health care facilities.--The Secretary shall
determine, for purposes of this subsection, the types of
facilities providing health care and supportive housing for
elderly persons and families to which hospitals (or portions
thereof) may be converted using grant amounts under this
subsection. Such facilities shall include assisted living
facilities, nursing homes, supportive housing for the elderly,
and any other facilities that the Secretary considers
appropriate.
``(5) Applications.--The Secretary shall provide for owners
of eligible hospitals under paragraph (3) to submit to the
Secretary applications for grants under this subsection in such
form and in accordance with such procedures as the Secretary
shall provide. An application shall contain--
``(A) a description of the proposed conversion
activities for which a grant under this subsection is
requested and the type of facility to be established by
such activities;
``(B) a statement of the amount of the grant
requested for such conversion activities;
``(C) a description of the resources that are
expected to be made available, if any, in conjunction
with the grant under this subsection; and
``(D) such other information or certifications that
the Secretary determines to be necessary or
appropriate.
``(6) Selection criteria.--The Secretary shall select
applications for grants under this subsection based upon
selection criteria, which shall be established by the Secretary
and shall include--
``(A) the extent to which the conversion is likely
to meet health care and supportive housing needs in the
local community in which the hospital (or portion
thereof) to be converted is located;
``(B) the inability of the applicant to fund the
conversion activities from existing financial
resources, as evidenced by the applicant's financial
records;
``(C) the extent to which the applicant has
evidenced community support for the conversion, by such
indicators as letters of support from the local
community for the conversion and financial
contributions from public and private sources;
``(D) the capability of the applicant of providing
for the sound operation of the proposed facility; and
``(E) such other criteria as the Secretary
determines to be appropriate to ensure that amounts
made available for grants under this subsection are
used effectively.
``(7) Treatment of mortgage insurance.--Notwithstanding any
provision of this section or of any contract for mortgage
insurance provided pursuant to this section, an eligible
hospital (or a portion thereof) under paragraph (3) that is
subject to a mortgage insured pursuant to this section may be
converted using grant amounts under this subsection. The
Secretary shall provide for the uninterrupted continuation of
the mortgage insurance coverage for the hospital that is
subject to the conversion activities for the duration of the
original term of the mortgage insurance contract.
``(8) Definitions.--For the purposes of this subsection:
``(A) Assisted living facility; nursing home.--The
terms `assisted living facility' and `nursing home'
have the meanings given such terms in section 232(b)
(12 U.S.C. 1715w(b)).
``(B) Others.--The definitions in section 202(k) of
the Housing Act of 1959 (12 U.S.C. 1701q(k)) shall
apply.
``(9) Funding.--Amounts shall be available for grants under
this subsection as provided in sections 519(g) and 205(i).
``(j) Grants for Hospital Debt Service Assistance.--
``(1) In general.--To the extent amounts are made available
for grants under this subsection, the Secretary may make grants
in accordance with this subsection to owners of eligible
hospitals under paragraph (2) for use only to assist in paying
debt service on debt insured under this section. Grants under
this section shall be made only in the form of periodic
payments of interest subsidies.
``(2) Eligible hospitals.--An eligible hospital under this
paragraph is a hospital that--
``(A) is subject to a mortgage that is insured
under this section;
``(B) in the determination of the Secretary, is in
a distressed financial condition; and
``(C) has submitted an application to the Secretary
for a grant under this subsection, as the Secretary
shall require, which has been approved by the
Secretary.
``(3) Funding.--Amounts shall be available for grants under
this subsection as provided in sections 519(g) and 205(i).''.
SEC. 3. FUNDING OF GRANTS FROM GENERAL INSURANCE FUND SURPLUS.
Section 519 of the National Housing Act (12 U.S.C. 1735c) is
amended by adding at the end the following new subsection:
``(g) Availability of Amounts for Hospital Conversion Grants.--
``(1) In general.--The amount of any negative credit
subsidy that is determined for any fiscal year, for purposes of
title V of the Congressional Budget Act of 1974 (2 U.S.C. 661
et seq.), and is attributable to the programs referred to in
paragraph (2) shall be considered to be new budget authority
and shall be available, without fiscal year limitation, for
grants under subsections (i) and (j) of section 242.
``(2) Covered programs.--The programs referred to in this
paragraph are the programs under this Act for insurance of
mortgages and loans that, on page 515 of the Appendix to the
Budget of the United States Government, Fiscal Year 2001 (H.
Doc. 106-162, Vol. II), in the table entitled `Summary of Loan
Levels, Subsidy Budget Authority and Outlays by Program', are
classified under budget account number 86-0200-0-1-371 and are
referred to as `FHA Full Insurance for Health Care Facilities
(plus 241/232)', `Health Care Refinances', and `Hospitals'.''.
SEC. 4. FUNDING OF GRANTS FROM MUTUAL MORTGAGE INSURANCE FUND SURPLUS.
Section 205 of the National Housing Act (12 U.S.C. 1711) is
amended--
(1) in subsection (e), by inserting ``or for use for grants
pursuant to subsection (i)'' before the comma;
(2) in subsection (h)(1), by inserting ``may not make
grants pursuant to subsection (i),'' after the 4th comma; and
(2) by adding at the end the following new subsection:
``(i) Availability of Surplus Amounts for Hospital Conversion
Grants.--Any amounts in the Mutual Mortgage Insurance Fund that are
determined by the Secretary to be surplus to the amount required to
meet the operational goals under subsection (h)(2) shall be available,
without fiscal year limitation, for grants under subsections (i) and
(j) section 242.''. | Funds such grants from general insurance fund and mutual mortgage insurance fund surpluses. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are 13 groups of salmon and steelhead that are
listed as threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
migrate through the lower Columbia River. All lower Columbia
River tributaries contain listed species, including Chinook,
Chum, and Coho salmon and winter-run steelhead.
(2) The people of the Northwest of the United States are
united in their desire to restore healthy salmon and steelhead
runs because the fish are integral to the culture and economy
of the region.
(3) The Columbia River Treaty tribes retain important
rights with respect to salmon and steelhead.
(4) Federal, State, and tribal governments have spent
billions of dollars to assist the recovery of salmon and
steelhead populations in the Columbia River basin.
(5) One of the factors that negatively impacts salmonid
populations is increased predation by marine mammals, including
California sea lions.
(6) As of June 2017, the population of California sea lions
has increased 10-fold during the last 30 years, and is
approximately 300,000 animals.
(7) Biologists estimate that in recent years, during the
peak spring salmonid run, as many as 3,000 California sea lions
have been foraging in the lower 145 miles of the Columbia River
to the Bonneville Dam.
(8) Historically, California sea lions, the habitat of
which is fundamentally salt water, did not venture very far up
into the Columbia River.
(9) The percentage of the spring salmonid run that has been
eaten or killed by California sea lions at the Bonneville Dam
has increased 7-fold since 2002.
(10) The Columbia River spring chinook and the Willamette
River steelhead are salmonid species that are listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as an
endangered species and a threatened species, respectively.
(11) Federal, State and tribal estimates indicate that sea
lions are consuming at least 20 percent of the Columbia River
spring chinook run and 15 percent of Willamette River steelhead
run.
(12) In recent years, California sea lions have congregated
with greater frequency near Willamette Falls and the Bonneville
Dam on the Columbia River and have entered the fish ladders
that salmon use to return to the historical and biological
spawning grounds of the salmon.
(13) These California sea lions have not been responsive to
extensive hazing methods used to discourage predation.
(14) The process established under the Marine Mammal
Protection Act Amendments of 1994 (Public Law 103-238; 108
Stat. 532) to address predatory sea lion behavior that
negatively impacts threatened or endangered salmon runs is
protracted and has not been successful.
(15) The National Oceanic and Atmospheric Administration
has observed that--
(A) management efforts to reduce pinniped predation
of endangered and threatened salmon and steelhead in
the area around the Bonneville Dam has been
insufficient to reduce the severity of the threat; and
(B) efforts need to focus more on the lower
Columbia River and the area around Willamette Falls.
(16) In the interest of protecting threatened and
endangered salmonids in the Columbia River, a temporary
expedited procedure is urgently needed to allow removal of the
minimum number of California sea lions as is necessary to
protect the passage of the threatened and endangered salmonids
in the Columbia River and its tributaries.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the prevention of predation by sea lions on salmonids
in the Columbia River, the recovery of salmonid species listed
as threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
the prevention of future listings of fish species in the
Columbia River under that Act are vital priorities; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal measures to prevent such predation.
SEC. 4. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED SPECIES AND THREATENED SPECIES OF
SALMON AND OTHER NONLISTED FISH SPECIES.
Section 120(f) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the Columbia
River and Its Tributaries.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) the State of Washington;
``(ii) the State of Oregon;
``(iii) the State of Idaho;
``(iv) the Nez Perce Tribe;
``(v) the Confederated Tribes of the
Umatilla Indian Reservation;
``(vi) the Confederated Tribes of the Warm
Springs Reservation of Oregon;
``(vii) the Confederated Tribes and Bands
of the Yakama Nation;
``(viii) the Columbia River Inter-Tribal
Fish Commission; and
``(ix) the Cowlitz Indian Tribe.
``(B) Individually identifiable.--With respect to a
pinniped, the term `individually identifiable' means
any pinniped located--
``(i) upstream of river mile 112 of the
Columbia River; or
``(ii) in any tributary that contains
spawning habitat of threatened or endangered
salmon or steelhead.
``(2) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity to authorize the intentional lethal taking of
individually identifiable sea lions that are part of a
population that is not depleted, on the Columbia River and its
tributaries for the purpose of protecting species of salmon
that are listed as endangered species or threatened species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) and other fish species that are not listed as threatened
species or endangered species under that Act.
``(3) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary for a permit under this subsection.
``(B) Deadline for consideration of application.--
Not later than 30 days after the Secretary receives an
application for a permit under subparagraph (A), the
Secretary shall approve or deny the application for a
permit under this subsection.
``(C) Duration of permit.--A permit issued under
this subsection--
``(i) shall be effective for not more than
1 year after the date on which the permit is
issued; and
``(ii) may be renewed by the Secretary.
``(4) Limitations.--
``(A) Limitation on permit authority.--Subject to
subparagraph (B), a permit issued under this subsection
shall not authorize the lethal taking of more than 100
sea lions during the permit period.
``(B) Limitation on annual takings.--The cumulative
number of sea lions authorized to be taken each
calendar year under all permits in effect under this
subsection shall not exceed 10 percent of the annual
potential biological removal level.
``(5) Training in natural resources management.--Each
permit holder that exercises lethal removal authority pursuant
to this subsection shall be trained in natural resource
management.
``(6) Delegation of permit authority.--An eligible entity
may delegate to any other eligible entity the authority to
administer a permit under this subsection.
``(7) NEPA.--Section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
not apply with respect to this subsection and the issuance of
any permit under this subsection during the 5-year period
beginning on the date of the enactment of the Endangered Salmon
and Fisheries Predation Prevention Act.
``(8) Suspension of permitting authority.--The Secretary
may suspend the issuance of permits under this subsection if,
within 5 years after the date of the enactment of the
Endangered Salmon and Fisheries Predation Prevention Act, after
consultation with State and tribal fishery managers, the
Secretary determines that lethal removal authority is no longer
necessary to protect salmonid and other fish species from sea
lion predation.''.
SEC. 5. TREATY RIGHTS OF INDIAN TRIBES.
Nothing in this Act or the amendment made by this Act affects or
modifies any treaty or any other right of any Indian tribe (as defined
in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)). | Endangered Salmon and Fisheries Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, within five years, lethal removal authority is no longer necessary to protect fish from sea lion predation. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Family Protection
Act of 2005''.
SEC. 2. ALLOWANCE TO COVER MONTHLY DEDUCTION FROM BASIC PAY FOR
SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE FOR MEMBERS
SERVING IN IRAQ OR AFGHANISTAN.
(a) Allowance to Cover SGLI Deductions.--Chapter 7 of title 37,
United States Code, is amended by adding at the end the following new
section:
``Sec. 437. Allowance to cover monthly deduction from basic pay for
Servicemembers' Group Life Insurance coverage for members
serving in Iraq or Afghanistan
``(a) Reimbursement for Premium Deduction.--In the case of a member
of the armed forces who has obtained insurance coverage for the member
under the Servicemembers' Group Life Insurance program and who serves
in Iraq or Afghanistan at any time during a month, the Secretary
concerned shall pay the member an allowance under this section in an
amount equal to the lesser of the following:
``(1) The amount of the deduction actually made for that
month from the basic pay of the member for the level of
Servicemembers' Group Life Insurance coverage obtained by the
member under section 1967 of title 38.
``(2) The amount of the deduction otherwise made under
subsection (a)(1) of section 1969 of title 38 for members who
select the $250,000 level of insurance coverage.
``(b) Notice of Availability of Allowance.--To the maximum extent
practicable, in advance of the deployment of a member to Iraq or
Afghanistan, the Secretary concerned shall give the member information
regarding the following:
``(1) The availability of the allowance under this section
for members insured under the Servicemembers' Group Life
Insurance program.
``(2) The ability of members who elected not to be insured
under Servicemembers' Group Life Insurance, or elected less
than the authorized maximum coverage, to obtain additional
coverage as provided in section 1967(c) of title 38.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 37, United States Code, is amended by adding at the
end the following new item:
``437. Allowance to cover monthly deduction from basic pay for
Servicemembers' Group Life Insurance
coverage for members serving in Iraq or
Afghanistan.''.
(c) Effective Date; Notification.--Section 437 of title 37, United
States Code, as added by subsection (a), shall apply with respect to
service by members of the Armed Forces in Iraq or Afghanistan for
months beginning on or after the date of the enactment of this Act. In
the case of members who are serving in Iraq or Afghanistan as of the
date of the enactment of this Act, the Secretary of Defense shall
notify such members, as soon as practicable, regarding--
(1) the availability of the allowance under such section
for members insured under the Servicemembers' Group Life
Insurance program; and
(2) the ability of members who elected not to be insured
under Servicemembers' Group Life Insurance, or elected less
than the authorized maximum coverage, to obtain additional
coverage as provided in section 1967(c) of title 38, United
States Code.
SEC. 3. DEPARTMENT OF DEFENSE PAYMENT TO MEMBERS WHO DIED WHILE SERVING
IN IRAQ OR AFGHANISTAN WITHOUT FULL SERVICEMEMBERS' GROUP
LIFE INSURANCE COVERAGE.
(a) Payment Required.--The Secretary of Defense shall make a
payment under this section on behalf of each member of the Armed Forces
who--
(1) during the period beginning on September 11, 2001, and
ending 60 days after the date on which the Secretary provides
the notice required by section 2(c), died as a result of a
wound, injury, or illness sustained while the member was
serving in Iraq or Afghanistan, or traveling to or from a
mission in Iraq or Afghanistan; and
(2) at the time of the member's death, was not insured
under Servicemembers' Group Life Insurance or had elected less
than the $250,000 level of insurance coverage under the
Servicemembers' Group Life Insurance program.
(b) Amount of Payment.--The amount of the payment required by this
section on behalf of a member described in subsection (a) shall be
equal to the difference between--
(1) $250,000; and
(2) the amount of insurance, if any, paid on behalf of the
member under the Servicemembers' Group Life Insurance program.
(c) Beneficiary.--The Secretary of Defense shall make the payment
required by this section on behalf of a member to the same beneficiary
determined under section 1970 of title 38, United States Code, for
receipt of the insurance payment under the Servicemembers' Group Life
Insurance program with regard to that member. If the member was not
insured under Servicemembers' Group Life Insurance, the Secretary shall
determine the recipient of the payment, using the order of precedence
specified in subsection (a) of such section. | Servicemembers' Family Protection Act of 2005 - Directs the Secretary of the military department concerned, in the case of a member of the Armed Forces who has obtained Servicemembers' Group Life Insurance (SGLI) coverage and who serves in Iraq or Afghanistan at any time during a month, to pay to such member an allowance equal to the lesser of: (1) the amount of the pay deduction actually made for that month for SGLI coverage; or (2) the deduction made for members who select the $250,000 (highest) level of SGLI coverage.
Requires the Secretary of Defense to pay, on behalf of any member who died after September 11, 2001, as a result of a wound, injury, or illness sustained while serving or traveling to or from a mission in Iraq or Afghanistan, and who was not insured under SGLI at the $250,000 level, the difference between $250,000 and the amount of any SGLI already paid. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Advantage
and Prescription Drug Accountability Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Requirement for reasonable return of benefits.
Sec. 3. Financial transparency.
Sec. 4. Beneficiary sign-off.
Sec. 5. Annual accountability reports.
Sec. 6. Auditing of actuarial equivalency.
Sec. 7. Report comparing costs and benefits under Medicare Advantage
plans, medicare supplemental policies, and
fee-for-service medicare.
SEC. 2. REQUIREMENT FOR REASONABLE RETURN OF BENEFITS.
(a) Medicare Advantage Plans.--Section 1857(e) of the Social
Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end
the following new paragraph:
``(4) Negotiation for loss and administrative cost
ratios.--
``(A) In general.--The contract with an MA
organization under this part shall provide for the
following:
``(i) Minimum loss ratio.--Aggregate
average benefits that are at least a minimum
ratio of the aggregate average revenues
collected under the contract.
``(ii) Maximum administrative cost ratio.--
Aggregate average administrative costs that do
not exceed a maximum ratio of the aggregate
average revenues collected under the contract.
``(B) Establishment of ratios.--The ratios under
clauses (i) and (ii) of subparagraph (A) shall be
established by the Secretary. In establishing such
ratios, the Secretary shall take into account, at a
minimum, ratios typical of those--
``(i) under private health insurance plans;
``(ii) under parts A and B of this title;
and
``(iii) under health benefits plans offered
under chapter 89 of title 5, United States Code
(relating to the Federal Employees Health
Benefits Program).''.
(b) Audit of Administrative Costs and Compliance With the Federal
Acquisition Regulation.--Section 1857(d)(2)(B) of such Act (42 U.S.C.
1395w-27(d)(2)(B)) is amended--
(1) by striking ``or (ii)'' and inserting ``(ii)''; and
(2) by inserting before the period at the end the
following: ``, or (iii) to compliance with the requirements of
subsection (e)(4)(A) and the extent to which administrative
costs comply with the applicable requirements for such costs
under the Federal Acquisition Regulation''.
(c) Application to Prescription Drug Plans.--The amendments made by
subsections (a) and (b) apply, pursuant to section 1860D-12(b)(3) of
the Social Security Act (42 U.S.C. 1395w-112(b)(3)), to contracts with
prescription drug sponsors under part D of title XVIII of such Act.
(d) Effective Date.--The amendments made by this section shall
apply for contract years beginning after the date of the enactment of
this Act.
SEC. 3. FINANCIAL TRANSPARENCY.
(a) Medicare Advantage Plans.--Section 1851(d) of the Social
Security Act (42 U.S.C. 1395w-21(d)) is amended by adding at the end
the following new paragraph:
``(8) Financial transparency.--
``(A) In general.--Each MA organization shall
provide annually to the Secretary (in a form and manner
specified by the Secretary), with respect to each MA
plan it offers and not later than 6 months after the
end of each contract year, information describing the
organization's compliance with the requirements of
section 1857(e)(4) and a functional listing of the
organization's administrative costs (by category of
such costs, including, at a minimum, marketing costs
and claims processing costs), profits, and investment
income (as defined by the Secretary), as a ratio of
aggregate average revenues collected under the contract
for that year.
``(B) Publication.--The Secretary shall publish the
information provided under subparagraph (A) for each MA
plan.''.
(b) Conforming Application to Prescription Drug Plans.--Section
1860D-11(b)(2) of the Social Security Act (42 U.S.C. 1395w-111(b)(2))
is amended by redesignating subparagraph (F) as subparagraph (G) and by
inserting after subparagraph (E) the following new subparagraph:
``(F) Periodic auditing.--Information with respect
to the prescription drug plan of the type described in
section 1851(d)(8) with respect to an MA plan.''.
(c) Effective Date.--The amendments made by this section shall
apply to reporting of information for contract years to which the
amendments made by section 2 apply.
SEC. 4. BENEFICIARY SIGN-OFF.
(a) Medicare Advantage Plans.--Section 1851(c)(2) of the Social
Security Act (42 U.S.C. 1395w-21(c)(2)) is amended by adding at the end
the following new subparagraph:
``(C) Beneficiary sign-off in election process.--An
election to enroll with an MA plan shall not be
effective unless the election form is signed by the
individual and specifically acknowledges each of the
following:
``(i) The premiums, cost-sharing
requirements, and benefits under the plan may
change at the beginning of each 12-month
contract period.
``(ii) The individual may lose coverage of
the individual's physician or other provider at
the beginning of each such period.
``(iii) The plan may be terminated at the
beginning of any such period.
``(iv) Premiums and benefits under the plan
may vary based on the county or other MA area
in which the plan is offered.''.
(b) Application to Prescription Drug Plans.--The amendment made by
subsection (a) applies, pursuant to section 1860D-1(b)(1)(B)(ii) of the
Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(ii)), to prescription
drug plans under part D of title XVIII of such Act.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to elections made on or after the date specified by the Secretary
of Health and Human Services, but in no case later than 60 days after
the date of the enactment of this Act.
SEC. 5. ANNUAL ACCOUNTABILITY REPORTS.
(a) Medicare Advantage Accountability Report.--Section 1856 of the
Social Security Act (42 U.S.C. 1395w-26) is amended--
(1) by amending the heading to read as follows:
``establishment of standards; annual accountability report'';
and
(2) by adding at the end the following new subsection:
``(c) Annual Accountability Report.--
``(1) In general.--The Secretary shall compile, and
transmit to Congress, at the end of each year (beginning with
2004), an annual Medicare Advantage accountability report.
``(2) Contents.--Each annual accountability report shall
include the following:
``(A) A detailed analysis of geographic variation
in cost-sharing and premiums among MA plans.
``(B) A comparison of the use of amounts paid to MA
plans for benefit payments, administrative costs, and
profits with the amounts expended under the fee-for-
service programs under parts A and B for benefit
payments and administrative expenses.
``(C) Recommendations for legislative changes to
the Medicare Advantage program, or the fee-for-service
programs under parts A and B, to assure that medicare
beneficiaries under both programs have access to
comparable benefits at comparable cost and that
Government subsidies under the two programs are
equivalent.
``(D) The results of audits conducted under section
1857(d) and enforcement actions taken in response to
findings of inappropriate expenditures of funds under
this part.''.
(b) Prescription Drug Accountability Report.--Section 1860D-12 of
such Act (42 U.S.C. 1395w-112) is amended by adding at the end the
following new subsection:
``(h) Annual Accountability Report.--
``(1) In general.--The Secretary shall compile, and
transmit to Congress, at the end of each year (beginning with
2006), an annual prescription drug accountability report.
``(2) Contents.--Each annual accountability report shall
include the same types of information (as specified by the
Secretary) with respect to prescription drug plans as are
provided under subparagraphs (A), (B), and (D) of section
1856(c)(2) with respect to MA plans.''.
SEC. 6. AUDITING OF ACTUARIAL EQUIVALENCY.
(a) Medicare Advantage Plans.--Section 1854(a)(5) of the Social
Security Act (42 U.S.C. 1395w-24(a)(5)) is amended by adding at the end
the following new subparagraph:
``(B) Periodic audits of actuarial equivalency
determinations.--In the case of MA plans that provide
for an actuarially equivalent level of benefits under
this part, the Inspector General of the Department of
Health and Human Services shall periodically audit a
representative sample of the determinations made by the
Secretary regarding such actuarial equivalency to
ensure that the Secretary is only approving plans with
benefits that are actuarially equivalent.''.
(b) Application to Prescription Drug Plans.--Section 1860D-11(e) of
the Social Security Act (42 U.S.C. 1395w-111(e)) is amended by adding
at the end the following new paragraph:
``(3) Periodic auditing of actuarial equivalency
determinations.--The provisions of section 1854(a)(5)(B) shall
apply with respect to determinations of actuarial equivalence
of benefits under prescription drug plans in the same manner as
they apply to determinations of actuarial equivalence of
benefits under MA plans.''.
SEC. 7. REPORT COMPARING COSTS AND BENEFITS UNDER MEDICARE ADVANTAGE
PLANS, MEDICARE SUPPLEMENTAL POLICIES, AND FEE-FOR-
SERVICE MEDICARE.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to Congress a
report that compares the average benefit payments, administrative
costs, profits, and investment income (expressed as a percentage of
revenues collected) for MA plans with such average for the fee-for-
service programs under parts A and B and for group and individual
medicare supplemental policies. | Medicare Advantage and Prescription Drug Accountability Act of 2004 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to: (1) require the contract with a Medicare Advantage (MA) organization to provide for a minimum loss ratio and a maximum administrative cost ratio both to be established by the Secretary of Health and Human Services (HHS); and (2) provide for the audit of administrative costs and compliance with the Federal Acquisition Regulation.
Applies all the requirements of this Act, with appropriate adaptations, to contracts with prescription drug sponsors and prescription drug plans under part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII.
Amends part C of SSA title XVIII to require each MA organization to provide annually to the Secretary information on each MA plan it offers to establish financial transparency, including a functional listing of the organization's administrative costs, profits, and investment income.
Provides that an election to enroll with an MA plan shall not be effective unless the election form is signed by the individual and specifically acknowledges: (1) that premiums, cost sharing requirements, and benefits under the plan may change at the beginning of each 12-month contract period; (2) the individual may lose coverage of the individual's physician or other provider at the beginning of each such period; (3) the plan may be terminated at the beginning of any such period; and (4) premiums and benefits under the plan may vary based on the county or other MA area in which the plan is offered.
Directs the Secretary to transmit to Congress annual Medicare Advantage accountability and prescription drug reports that include, among other things, a detailed analysis of geographic variation in cost-sharing and premiums.
Requires the HHS Inspector General to audit periodically a representative sample of determinations made by the Secretary regarding MA plans that provide for an actuarially equivalent level of benefits to ensure that the Secretary is only approving plans with benefits that are actuarially equivalent.
Directs the Secretary to report to Congress a comparison of the average benefit payments, administrative costs, profits, and investment income for MA plans with corresponding aspects of the fee-for-service programs under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) and for group and individual Medicare supplemental policies. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Falls Reservoir District
Number 2 Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means Agreement No.
5-07-10-L1688 between the United States and the District,
entitled ``Agreement Between the United States and the American
Falls Reservoir District No. 2 to Transfer Title to the
Federally Owned Milner-Gooding Canal and Certain Property
Rights, Title and Interest to the American Falls Reservoir
District No. 2''.
(2) District.--The term ``District'' means the American
Falls Reservoir District No. 2, located in Jerome, Lincoln, and
Gooding Counties, Idaho.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. AUTHORITY TO CONVEY TITLE.
(a) In General.--In accordance with all applicable law and the
terms and conditions set forth in the Agreement, the Secretary may
convey--
(1) to the District all right, title, and interest in and
to the land and improvements described in Appendix A of the
Agreement, subject to valid existing rights;
(2) to the city of Gooding, located in Gooding County,
Idaho, all right, title, and interest in and to the 5.0 acres
of land and improvements described in Appendix D of the
Agreement; and
(3) to the Idaho Department of Fish and Game all right,
title, and interest in and to the 39.72 acres of land and
improvements described in Appendix D of the Agreement.
(b) Compliance With Agreement.--All parties to the conveyance under
subsection (a) shall comply with the terms and conditions of the
Agreement, to the extent consistent with this Act.
SEC. 4. TRANSFER.
As soon as practicable after the date of enactment of this Act, the
Secretary shall direct the Director of the National Park Service to
include in and manage as a part of the Minidoka Internment National
Monument the 10.18 acres of land and improvements described in Appendix
D of the Agreement.
SEC. 5. COMPLIANCE WITH OTHER LAWS.
(a) In General.--On conveyance of the land and improvements under
section 3(a)(1), the District shall comply with all applicable Federal,
State, and local laws (including regulations) in the operation of each
facility transferred.
(b) Applicable Authority.--Nothing in this Act modifies or
otherwise affects the applicability of Federal reclamation law (the Act
of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water
provided to the District.
SEC. 6. REVOCATION OF WITHDRAWALS.
(a) In General.--The portions of the Secretarial Orders dated March
18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March
29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately
6,900 acres described in Appendix E of the Agreement for the purpose of
the Gooding Division of the Minidoka Project, are revoked.
(b) Management of Withdrawn Land.--The Secretary, acting through
the Director of the Bureau of Land Management, shall manage the
withdrawn land described in subsection (a) subject to valid existing
rights.
SEC. 7. LIABILITY.
(a) In General.--Subject to subsection (b), upon completion of a
conveyance under section 3, the United States shall not be liable for
damages of any kind for any injury arising out of an act, omission, or
occurrence relating to the land (including any improvements to the
land) conveyed under the conveyance.
(b) Exception.--Subsection (a) shall not apply to liability for
damages resulting from an injury caused by any act of negligence
committed by the United States (or by any officer, employee, or agent
of the United States) before the date of completion of the conveyance.
(c) Federal Tort Claims Act.--Nothing in this section increases the
liability of the United States beyond that provided in chapter 171 of
title 28, United States Code.
SEC. 8. FUTURE BENEFITS.
(a) Responsibility of the District.--After completion of the
conveyance of land and improvements to the District under section
3(a)(1), and consistent with the Agreement, the District shall assume
responsibility for all duties and costs associated with the operation,
replacement, maintenance, enhancement, and betterment of the
transferred land (including any improvements to the land).
(b) Eligibility for Federal Funding.--
(1) In general.--Except as provided in paragraph (2), the
District shall not be eligible to receive Federal funding to
assist in any activity described in subsection (a) relating to
land and improvements transferred under section 3(a)(1).
(2) Exception.--Paragraph (1) shall not apply to any
funding that would be available to a similarly situated
nonreclamation district, as determined by the Secretary.
SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT.
Before completing any conveyance under this Act, the Secretary
shall complete all actions required under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
(4) all other applicable laws (including regulations).
SEC. 10. PAYMENT.
(a) Fair Market Value Requirement.--As a condition of the
conveyance under section 3(a)(1), the District shall pay the fair
market value for the withdrawn lands to be acquired by them, in
accordance with the terms of the Agreement.
(b) Grant for Building Replacement.--As soon as practicable after
the date of enactment of this Act, and in full satisfaction of the
Federal obligation to the District for the replacement of the structure
in existence on that date of enactment that is to be transferred to the
National Park Service for inclusion in the Minidoka Internment National
Monument, the Secretary, acting through the Commission of Reclamation,
shall provide to the District a grant in the amount of $52,996, in
accordance with the terms of the Agreement. | American Falls Reservoir District Number 2 Conveyance Act - Authorizes the Secretary of the Interior to convey all right, title, and interest in specified land to the: (1) American Falls Reservoir District No. 2 (District) located in Jerome, Lincoln, and Gooding Counties, Idaho; (2) city of Gooding; and (3) Idaho Department of Fish and Game. Requires the District to pay fair market value for the land.
Relieves the United States of liability for damages of any kind relating to the land, unless they result from injury caused by negligence of the United States.
Requires the Director of the National Park Service to manage specified land as part of the Minidoka Internment National Monument.
Revokes the Department of Interior's previous orders that withdrew specified land from the Gooding Division of the Minidoka project and requires the Director of the Bureau of Land Management (BLM) to manage the land. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's Children
Against Terrorism Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
(a) Public Health Measures To Protect Against Terrorism.--Part B of
title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is
amended by inserting after section 319G, the following:
``SEC. 319H. PUBLIC HEALTH MEASURES TO PROTECT AGAINST TERRORISM.
``(a) National Task Force on Children and Bioterrorism.--
``(1) Establishment.--The Secretary shall establish a
National Task Force on Children and Bioterrorism (referred to
in this subsection as the `Task Force').
``(2) Membership.--The Task Force shall be composed of--
``(A) the Secretary and other officials of the
Department determined appropriate by the Secretary;
``(B) the Director of the Federal Emergency
Management Agency;
``(C) the Administrator of the Environmental
Protection Agency;
``(D) the Secretary of Education;
``(E) child health experts on infectious disease,
environmental health, and toxicology, who shall be
appointed by the Secretary;
``(F) representatives of national children's health
organizations, including the American Academy of
Pediatrics and the National Association of Children's
Hospitals, who shall be appointed by the Secretary; and
``(G) representatives of other relevant
organizations determined appropriate by the Secretary.
``(3) Recommendations.--Not later than 60 days after the
date of enactment of this section, the Task Force shall make
recommendations to the Secretary concerning--
``(A) an assessment of the preparedness of the
health care system of the United States to respond to
bioterrorism aimed at children and youth, including the
readiness of public health institutions, providers of
health care, and other emergency service personnel to
detect, diagnose and respond to bioterrorist attacks
affecting large numbers of children and youth;
``(B) needed changes to the health care and
emergency medical services systems, including
recommendations on research, training of health
personnel, and changes to the National Pharmaceutical
Stockpile Program to include the medical needs of
children; and
``(C) national, regional, and local health care and
emergency medical services protocols for dealing with
mass casualties of children and youth resulting from
bioterrorism.
``(b) Children and Terrorism Information Network.--
``(1) Establishment.--The Secretary, acting through the
Centers for Disease Control and Prevention, shall establish a
Children and Terrorism Information Network to collect and
disseminate to health providers (including children's hospitals
and pediatric units of hospitals), community centers (including
poison control centers), and schools (including school-based
health clinics) up-to-date information on how to prepare for a
biological or chemical terrorist attack and the steps that
should be taken to ensure that children get the health care
they need in the event of such an attack.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $10,000,000
for fiscal year 2002, and such sums as may be necessary for
each subsequent fiscal year. Amounts appropriated under the
preceding sentence shall remain available to carry out this
section until expended.
``(c) National Pharmaceutical Stockpile Program.--
``(1) In general.--The Secretary, acting through the
Centers for Disease Control and Prevention, shall provide for
the inclusion of supplies, equipment, and instructions as are
appropriate for use with respect to children in push packs and
Vendor Management Inventories under the National Pharmaceutical
Stockpile Program.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $50,000,000
for fiscal year 2002, and such sums as may be necessary for
each subsequent fiscal year. Amounts appropriated under the
preceding sentence shall remain available to carry out this
section until expended.
``(d) Securing Our Social Services Infrastructure To Support
Children and Families.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to implement,
develop, expand or increase the capacity of 2-1-1 call centers,
or other universal hotlines, in order to connect the public to
all available information hotlines, or call centers, developed
in response to disaster and recovery efforts, as well as to
connect the public to existing social services to provide
needed help and support to children and families in crisis.
``(2) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(A) be a non-profit organization working to
implement, develop, expand, or increase the capacity of
2-1-1 call centers, or other universal hotlines in
their State, region or locality; and
``(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $10,000,000
for fiscal year 2002, and such sums as may be necessary for
each subsequent fiscal year. Amounts appropriated under the
preceding sentence shall remain available to carry out this
section until expended.''.
(b) Pediatric Studies.--Part B of title IV of the Public Health
Service Act (42 U.S.C. 284 et seq.) is amended--
(1) by redesignating the second section 409C (relating to
clinical research) and the second section 409D (relating to
enhancement awards) as sections 409G and 409H, respectively;
and
(2) by inserting after section 409H (as so redesignated),
the following:
``SEC. 409I. PEDIATRIC STUDIES OF DRUGS AND BIOLOGICS, INCLUDING
VACCINES, USED TO PREVENT AND TREAT ILLNESSES AND INJURY
CAUSED BY BIOLOGICAL OR CHEMICAL AGENTS USED IN WARFARE
AND TERRORISM.
``(a) Publication of List.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Secretary shall
develop and maintain a secure and confidential list of drugs and
biologics, including vaccines, that may be used to prevent and treat
illnesses and injury caused by biological or chemical agents used in
acts of warfare or terrorism and which require pediatric testing.
``(b) Testing Plan.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Secretary shall
develop a plan to--
``(1) provide for the timely pediatric testing and labeling
of the agents on the list developed under subsection (a) for
the year involved; and
``(2) coordinate such testing and labeling program with
activities conducted under existing laws and regulations
concerning pediatric testing of drugs and biologics.
``(c) Contracts.--The Secretary may award contracts to entities
that have the expertise to conduct pediatric clinical trials (including
qualified universities, hospitals, laboratories, contract research
organizations, federally funded programs such as pediatric pharmacology
research units, other public or private institutions or, individuals)
to enable such entities to conduct pediatric studies concerning drugs
and biologics, including vaccines, that are used to prevent and treat
illnesses and injuries caused by biological or chemical agents used in
acts of warfare or terrorism.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000 for fiscal year
2002, and such sums as may be necessary for each subsequent fiscal
year. Amounts appropriated under the preceding sentence shall remain
available to carry out this section until expended.''.
(c) Training.--Subpart 2 of part E of title VII of the Public
Health Service Act (42 U.S.C. 295 et seq.) is amended--
(1) in section 770(a), by inserting ``other than section
770A,'' after ``subpart,''; and
(2) by adding at the end the following:
``SEC. 770A. TRAINING FOR PEDIATRIC ISSUES SURROUNDING BIOLOGICAL AND
CHEMICAL AGENTS USED IN WARFARE AND TERRORISM.
``(a) Grants.--The Secretary, acting through the Director of Health
Resources and Services Administration, shall award grants to eligible
entities to enable such entities to--
``(1) provide for the education and training of clinicians
(including nurses) in the pediatric consequences, systems, and
treatment of biological and chemical agents; and
``(2) assist in the development and distribution of
accurate educational materials on the pediatric consequences,
symptoms and treatment of biological or chemical agents.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a children hospital, a pediatric unit of a
hospital, a professional organization, or any other entity that
the Secretary determines to be appropriate; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $50,000,000 for fiscal year
2002, and such sums as may be necessary for each subsequent fiscal
year. Amounts appropriated under the preceding sentence shall remain
available to carry out this section until expended.''.
SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.
Subpart 2 of part A of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at
the end the following:
``SEC. 4124. SCHOOL EVACUATIONS, SAFE PLACES AND PARENTAL
NOTIFICATIONS.
``(a) Recommendations and Models.--Not later than 60 days after the
date of enactment of this section, the Secretary shall develop
recommendations and models to assist communities in developing--
``(1) school evacuation plans;
``(2) safe places for children to go in case of an attack
on a school or individuals in the school;
``(3) partnerships with the medical community to ensure
that children get the immediate care they need in the event of
such an attack; and
``(4) procedures for notifying parents of evacuation plans
and providing information on how and where to find their child
or children in the event of such an attack.
``(b) Dissemination.--The Secretary shall ensure that the
recommendations and models developed under subsection (a) are
disseminated to local school districts throughout the United States,
and, in coordination with the Secretary of Health and Human Services,
to the health provider and public health communities.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,000,000 for fiscal year
2002, and such sums as may be necessary for each subsequent fiscal
year. Amounts appropriated under the preceding sentence shall remain
available to carry out this section until expended.
``SEC. 4125. MENTAL HEALTH SERVICES FOR CHILDREN AND THEIR CAREGIVERS.
``(a) Grants.--The Secretary, jointly with the Secretary of Health
and Human Services, shall award grants to eligible entities to enable
such entities to develop and implement a plan for the provision of
comprehensive mental health services for children, school faculty, and
child care providers who are affected by terrorist attacks, times of
war, or other major crisis.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a local educational agency, a community-based
organization, a community mental health organization, a
professional organization, or a partnership of such entities;
and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000 for fiscal year
2002, and such sums as may be necessary for each subsequent fiscal
year. Amounts appropriated under the preceding sentence shall remain
available to carry out this section until expended.''.
SEC. 5. AMENDMENTS TO THE ROBERT T. STAFFORD DISASTER RELIEF AND
EMERGENCY ASSISTANCE ACT.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by inserting after
section 410, the following:
``SEC. 411. CHILDREN'S ASSISTANCE.
``(a) Children's Coordinating Officer.--Upon a determination by the
President that children have lost their custodial parent or parents in
an area declared a disaster area by the President under this Act, the
President shall appoint an individual to serve as a Children's
Coordinating Officer for the area. Such Officer shall provide necessary
support and assistance for such children to ensure their immediate care
and transition to a permanent and loving family.
``(b) Functions.--A Children's Coordinating Officer appointed under
subsection (a) shall partner with relevant Federal, State and local
governmental agencies, and coordinate all efforts by community-based
organizations, foundations, funds, or other organizations, to direct
and coordinate the provision of assistance to children described in
subsection (a).
``(c) Services.--A Children's Coordinating Officer appointed under
subsection (a) shall ensure that children and their caregivers are
provided with--
``(1) immediate temporary care services;
``(2) counseling on long-term permanency planning;
``(3) legal services for guardianships and adoptions;
``(4) information on available services and assistance for
the victims of the disaster; and
``(5) mental health services.''. | Protecting America's Children Against Terrorism Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) establish a Task Force on Children and Bioterrorism; (2) establish a Children and Terrorism Information Network; (3) provide for the inclusion of supplies, equipment, and instructions as are appropriate for use with respect to children in push packs and Vendor Management Inventories under the National Pharmaceutical Stockpile Program; (4) award grants concerning the implementation, development, expansion or increase in the capacity of 2-1-1 call centers, or other universal hotlines; (5) develop and maintain a secure and confidential list of drugs and biologics that may be used to prevent and treat illnesses and injury caused by biological or chemical agents; (6) award contracts for the conduct of pediatric clinical trials and studies concerning drugs and biologics that are used to prevent and treat illnesses and injuries caused by biological or chemical agents; and (7) award grants concerning training for pediatric issues surrounding biological and chemical agents used in warfare and terrorism.Amends the Elementary and Secondary Education Act of 1965 with respect to: (1) school evacuations, safe places and parental notifications; and (2) mental health services for children.Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to assisting children who have lost parents in a disaster. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal General Welfare Exclusion Act
of 2013''.
SEC. 2. INDIAN GENERAL WELFARE BENEFITS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139E. INDIAN GENERAL WELFARE BENEFITS.
``(a) In General.--Gross income does not include the value of any
Indian general welfare benefit.
``(b) Indian General Welfare Benefit.--For purposes of this
section, the term `Indian general welfare benefit' includes any payment
made or services provided to or on behalf of a member of an Indian
tribe (or any spouse or dependent of such a member) pursuant to an
Indian tribal government program, but only if--
``(1) the program is administered under specified
guidelines and does not discriminate in favor of members of the
governing body of the tribe, and
``(2) the benefits provided under such program--
``(A) are available to any tribal member who meets
such guidelines,
``(B) are for the promotion of general welfare,
``(C) are not lavish or extravagant, and
``(D) are not compensation for services.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Indian tribal government.--For purposes of this
section, the term `Indian tribal government' includes any
agencies or instrumentalities of an Indian tribal government
and any Alaska Native regional or village corporation, as
defined in, or established pursuant to, the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(2) Dependent.--The term `dependent' has the meaning
given such term by section 152, determined without regard to
subsections (b)(1), (b)(2), and (d)(1)(B).
``(3) Lavish or extravagant.--The Secretary shall, in
consultation with the Tribal Advisory Committee (as established
under section 3(a) of the Tribal General Welfare Exclusion Act
of 2013), establish guidelines for what constitutes lavish or
extravagant benefits with respect to Indian tribal government
programs.
``(4) Establishment of tribal government program.--A
program shall not fail to be treated as an Indian tribal
government program solely by reason of the program being
established by tribal custom or government practice.
``(5) Ceremonial activities.--Any items of cultural
significance, reimbursement of costs, or cash honorarium for
participation in cultural or ceremonial activities for the
transmission of tribal culture shall not be treated as
compensation for services.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before
the item relating to section 140 the following new item:
``Sec. 139E. Indian general welfare benefits.''.
(c) Statutory Construction.--Ambiguities in section 139E of such
Code, as added by this Act, shall be resolved in favor of Indian tribal
governments and deference shall be given to Indian tribal governments
for the programs administered and authorized by the tribe to benefit
the general welfare of the tribal community.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years for which the period of limitation on
refund or credit under section 6511 of the Internal Revenue
Code of 1986 has not expired.
(2) One-year waiver of statute of limitations.--If the
period of limitation on a credit or refund resulting from the
amendments made by subsection (a) expires before the end of the
1-year period beginning on the date of the enactment of this
Act, refund or credit of such overpayment (to the extent
attributable to such amendments) may, nevertheless, be made or
allowed if claim therefor is filed before the close of such 1-
year period.
SEC. 3. TRIBAL ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of the Treasury shall establish a
Tribal Advisory Committee (hereinafter in this subsection referred to
as the ``Committee'').
(b) Duties.--
(1) Implementation.--The Committee shall advise the
Secretary on matters relating to the taxation of Indians.
(2) Education and training.--The Secretary shall, in
consultation with the Committee, establish and require--
(A) training and education for internal revenue
field agents who administer and enforce internal
revenue laws with respect to Indian tribes on Federal
Indian law and the Federal Government's unique legal
treaty and trust relationship with Indian tribal
governments, and
(B) training of such internal revenue field agents,
and provision of training and technical assistance to
tribal financial officers, about implementation of this
Act and the amendments made thereby.
(c) Membership.--
(1) In general.--The Committee shall be composed of 7
members appointed as follows:
(A) Three members appointed by the Secretary of the
Treasury.
(B) One member appointed by the Chairman, and one
member appointed by the Ranking Member, of the
Committee on Ways and Means of the House of
Representatives.
(C) One member appointed by the Chairman, and one
member appointed by the Ranking Member, of the
Committee on Finance of the Senate.
(2) Term.--
(A) In general.--Except as provided in subparagraph
(B), each member's term shall be 4 years.
(B) Initial staggering.--The first appointments
made by the Secretary under paragraph (1)(A) shall be
for a term of 2 years.
SEC. 4. OTHER RELIEF FOR INDIAN TRIBES.
(a) Temporary Suspension of Examinations.--The Secretary of the
Treasury shall suspend all audits and examinations of Indian tribal
governments and members of Indian tribes (or any spouse or dependent of
such a member), to the extent such an audit or examination relates to
the exclusion of a payment or benefit from an Indian tribal government
under the general welfare exclusion, until the education and training
prescribed by section 3(b)(2) of this Act is completed. The running of
any period of limitations under section 6501 of the Internal Revenue
Code of 1986 with respect to Indian tribal governments and members of
Indian tribes shall be suspended during the period during which audits
and examinations are suspended under the preceding sentence.
(b) Waiver of Penalties and Interest.--The Secretary of the
Treasury may waive any interest and penalties imposed under such Code
on any Indian tribal government or member of an Indian tribe (or any
spouse or dependent of such a member) to the extent such interest and
penalties relate to excluding a payment or benefit from gross income
under the general welfare exclusion.
(c) Definitions.--For purposes of this subsection--
(1) Indian tribal government.--The term ``Indian tribal
government'' shall have the meaning given such term by section
139E of such Code, as added by this Act.
(2) Indian tribe.--The term ``Indian tribe'' shall have the
meaning given such term by section 45A(c)(6) of such Code. | Tribal General Welfare Exclusion Act of 2013 - Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, the value of an Indian general welfare benefit. Defines "Indian general welfare benefit" as any payment made or services provided to or on behalf of a member of an Indian tribe under an Indian tribal government program if: (1) such program is administered under specified guidelines and does not discriminate in favor of members of the governing body of the Indian tribe; and (2) the program benefits are available to any tribal member, are for the promotion of general welfare, are not lavish or extravagant, and are not compensation for services. Directs the Secretary of the Treasury to: (1) establish a Tribal Advisory Committee to advise the Secretary on the taxation of Indians, (2) establish and require training and education for Internal Revenue Service (IRS) field agents on federal Indian law and the implementation of this Act, and (3) suspend audits and examinations of Indian tribal governments and members of Indian tribes and waive any interest or tax penalties related to the exclusion from gross income of Indian general welfare benefits. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Buildings Renewal Act of
2016''.
SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED GOVERNMENT BUILDINGS.
(a) In General.--Section 142(a) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting ``,
or'', and by adding at the end the following new paragraph:
``(16) qualified government buildings.''.
(b) Qualified Government Buildings.--Section 142 of such Code is
amended by adding at the end the following new subsection:
``(n) Qualified Governmental Buildings.--
``(1) In general.--For purposes of subsection (a)(16), the
term `qualified governmental buildings' means any building or
facility that consists of one or more of the following:
``(A) An elementary school or a secondary school
(within the meanings given such terms by section 14101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801), as in effect on the date of the
enactment of this subsection).
``(B) A facility of a State college or university
used for educational purposes.
``(C) A library maintained for, and open to, the
general public.
``(D) A court of law.
``(E) A hospital, health care facility, laboratory
facility or research facility.
``(F) A public safety facility (including police,
fire, enhanced 911, emergency or disaster management,
and ambulance or emergency medical service facilities
and jails and correctional facilities).
``(G) An office for employees of a governmental
unit.
Such term shall include any equipment, functionally related and
subordinate facility, or land (and any real property rights
appurtenant thereto) with respect to any such building or
facility.
``(2) Specifically excluded facilities.--Such term shall
not include--
``(A) a building or facility the primary purpose of
which is one of the following: retail food and beverage
services, or the provision of recreation or
entertainment, or
``(B) any building or facility that includes any of
the following: any private or commercial golf course,
country club, massage parlor, tennis club, skating
facility (including roller skating, skateboard, and ice
skating), racquet sports facility (including any
handball or racquetball court), hot tub facility,
suntan facility, racetrack, convention center, or
sports stadium or arena.
``(3) National limitation on amount of tax-exempt financing
for qualified governmental building.--
``(A) National limitation.--The aggregate amount
allocated by the Secretary under subparagraph (C) shall
not exceed $5,000,000,000.
``(B) Enforcement of national limitation.--An issue
shall not be treated as an issue described in
subsection (a)(16) if the aggregate face amount of
bonds issued pursuant to such issue for any qualified
governmental building (when added to the aggregate face
amount of bonds previously so issued for such facility)
exceeds the amount allocated to such qualified
governmental building under subparagraph (C).
``(C) Allocation by the secretary.--The Secretary
shall allocate a portion of the amount described in
subparagraph (A) to a qualified governmental building
if the Secretary determines that--
``(i) the application for financing of such
qualified governmental building meets the
requirements set forth in subparagraph (D), and
``(ii) the amount of the allocation
requested, if allocated by the Secretary, would
not cause the national limitation set forth in
subparagraph (A) to be exceeded.
``(D) Applications for financing.--An application
for financing a qualified governmental building meets
the requirements of this subparagraph if such
application includes--
``(i) the amount of the allocation
requested,
``(ii) the name of the governmental unit
that will own the project, together with
complete contact information,
``(iii) a description of the project as a
whole and the proposed organizational and legal
structure of the project,
``(iv) a timeline showing the estimated
start and completion dates for each major phase
or milestone of project development and an
indication of the current status of milestones
on this timeline, including all necessary
permits and environmental approvals,
``(v) a statement of anticipated sources
and uses of funds for the project, and
``(vi) the following declaration signed by
an individual who has personal knowledge of the
relevant facts and circumstances: ``Under
penalties of perjury, I declare that I have
examined this document and, to the best of my
knowledge and belief, the document contains all
the relevant facts relating to the document,
and such facts are true, correct, and
complete.''
``(E) Use of allocation in a timely manner.--If,
following an allocation by the Secretary under
subparagraph (C), bonds are not issued in the amount of
such allocation after the date that is 2 years after
the date of such allocation, then the unused portion of
the allocation shall be withdrawn, unless the
Secretary, upon a showing of good cause by the
applicant, grants an extension of such date.
``(4) Exception for current refunding bonds.--Paragraph (3)
shall not apply to any bond (or series of bonds) issued to
refund a bond issued under subsection (a)(16) if--
``(A) the average maturity date of the issue of
which the refunding bond is a part is not later than
the average maturity date of the bonds to be refunded
by such issue,
``(B) the amount of the refunding bond does not
exceed the outstanding amount of the refunded bond, and
``(C) the refunded bond is redeemed not later than
90 days after the date of the issuance of the refunding
bond.
For purposes of subparagraph (A), average maturity shall be
determined in accordance with section 147(b)(2)(A).
``(5) Office space.--Subsection (b)(2) shall not apply with
respect to any qualified governmental building.
``(6) No depreciation or investment credit.--No
depreciation, amortization, or business credit under section 38
shall be allowed with respect to any facility described in
subsection (a)(16) which has been financed by the net proceeds
of the issue for so long as such bonds are outstanding.''.
(c) Governmentally Owned Requirement.--Section 142(b)(1)(A) of such
Code is amended by striking ``or (12)'' and inserting ``(12), or
(16)''.
(d) Exemption From Volume Cap on Private Activity Bonds.--Section
146(g)(3) of such Code is amended by striking ``or (15)'' and inserting
``(15), or (16)''.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Public Buildings Renewal Act of 2016 This bill amends the Internal Revenue Code to permit the tax-exempt financing of certain government-owned buildings by expanding the definition of "exempt facility bond" to include bonds used for qualified government buildings. A qualified government building is a government-owned building or facility that consists of one or more of the following: an elementary or secondary school; facilities of a state college or university used for educational purposes; a public library; a court; hospital, health care, laboratory, or research facilities; public safety facilities; or offices for government employees. The bill excludes buildings or facilities that include specified recreational equipment or are used for the primary purpose of providing retail food and beverage services, recreation, or entertainment. The bill establishes: (1) a $5 billion limit on the amount of tax-exempt financing which may be provided for government buildings, and (2) procedures for allocating and applying for the financing. The bill exempts the bonds for government buildings from the volume cap on private activity bonds. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Revolving Funds for Schools
Act''.
SEC. 2. STATE REVOLVING FUND PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of Education may enter into
cooperative agreements with States for the establishment of
State revolving funds and multistate revolving funds for making
loans to local political subdivisions or local educational
agencies for building or repairing elementary or secondary
schools which provide free public education.
(2) Interstate compacts.--2 or more States may enter into a
cooperative agreement under paragraph (1) with the Secretary
for the establishment of a multistate revolving fund, to enter
into an interstate compact establishing such fund in accordance
with this section.
(b) Funding.--The Secretary shall make grants to State revolving
funds and multistate revolving funds in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section to local political subdivisions or local
educational agencies. Each fund shall apply repayments of principal and
interest on loans to the making of additional loans. The Secretary
shall take final action on an application for a grant under this
subsection within 90 days of the date of the submittal of such
application.
(c) Revolving Fund Requirements.--In order to establish a revolving
fund under this section, each State establishing the fund shall--
(1) meet the matching requirement described in paragraph
(d);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the fund will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the fund;
(5) ensure that any loan from the fund will bear interest
at or below the lowest interest rates being offered for bonds
the income from which is exempt from Federal taxation, as
determined by the State;
(6) ensure that repayment of any loan from the fund will
commence not later than 1 year after the project has been
completed;
(7) ensure that the term for repaying any loan will not
exceed the projected useful life of the project that is the
subject of the loan; and
(8) require the fund to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Matching Requirement.--In order to meet the matching
requirement, each State establishing a revolving fund shall--
(1) contribute, at a minimum, in each account of the fund
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the fund under subsection (b); or
(2) require for any project financed from the fund that the
local political subdivision or educational agency contribute at
least 20 percent of the cost of such project from non-Federal
sources.
(e) Forms of Assistance From Revolving Funds.--
(1) In general.--A revolving fund established under this
section may make loans to a local educational agency in an
amount equal to all or part of the cost of carrying out a
project eligible for assistance under this section. In the case
of a project which meets the requirement of subsection (d)(2),
a revolving fund established under this section may make loans
to a local educational agency in an amount equal to up to 80
percent of the cost of carrying out a project eligible for
assistance under this section.
(2) Applications for loans.--An application to a revolving
fund by a local educational agency for a loan shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements; and
(D) such other information as the revolving fund
may require.
A revolving fund shall take final action on a completed
application submitted to it within 90 days after the date of
its submittal.
(3) Criteria for loans.--In considering applications for a
loan, a revolving fund shall consider--
(A) the extent to which the local educational
agency involved lacks the fiscal capacity, including
the ability to raise funds through the full use of such
agency's bonding capacity and otherwise, to undertake
the project for which the loan would be used without
the loan;
(B) the threat that the condition of the physical
plant in the project poses to the safety and well-being
of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project; and
(D) the age of such facility.
(f) Qualifying Projects.--A project is eligible for a loan from a
revolving fund if it is a project that consists of--
(1) the construction of new elementary or secondary schools
to meet the needs imposed by enrollment growth;
(2) the repair or upgrading of classrooms or structures
related to academic learning, including the repair of leaking
roofs, crumbling walls, inadequate plumbing, poor ventilation
equipment, and inadequate heating or light equipment;
(3) an activity to increase physical safety at the
educational facility involved;
(4) an activity to enhance the educational facility
involved to provide access for students, teachers, and other
individuals with disabilities;
(5) an activity to address environmental hazards at the
educational facility involved, such as poor ventilation, indoor
air quality, or lighting;
(6) the provision of basic infrastructure that facilitates
educational technology, such as communications outlets,
electrical systems, power outlets, or a communication closet;
(7) work that will bring an educational facility into
conformity with the requirements of--
(A) environmental protection or health and safety
programs mandated by Federal, State, or local law if
such requirements were not in effect when the facility
was initially constructed; and
(B) hazardous waste disposal, treatment, and
storage requirements mandated by the Resource
Conservation and Recovery Act of 1976 or similar State
laws; and
(8) work to detect, remove, or otherwise contain asbestos
hazards in educational facilities.
(g) Loan Forgiveness.--A State may forgive all or part of any loan
described in this section if the total projected principal and interest
repayments for all loans granted by the State and not forgiven under
this subsection equal or exceed the combined total of all Federal
capitalization grants provided to the State and any matching funds
described in subsection (d)(1) provided by the State.
(h) Supplementation.--Any loan made by a revolving fund shall be
used to supplement and not supplant other Federal, State, and local
funds available.
(i) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from a revolving fund under this
section may not be credited toward the non-Federal share of the cost of
any project.
(j) Secretarial Requirements.--In administering this section, the
Secretary shall specify procedures and guidelines for establishing,
operating, and providing assistance from a revolving fund.
(k) United States Not Obligated.--The contribution of Federal funds
into a revolving fund established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
revolving fund shall expressly state that the security or instrument
does not constitute a commitment, guarantee, or obligation of the
United States.
(l) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(m) Program Administration.--For each of fiscal years 2000 through
2004, a State may expend an amount not to exceed 2 percent of the
Federal funds contributed to a revolving fund established by the State
under this section to pay the reasonable costs of administering the
fund.
(n) Secretarial Review.--The Secretary shall review the financial
condition of each revolving fund established under this section
biennially and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(o) Authorization of Appropriations.--For grants to States for the
initial capitalization of revolving funds there are authorized to be
appropriated $1,000,000,000 for fiscal year 2000 and for each of the 4
succeeding fiscal years.
SEC. 3. DEFINITIONS.
The terms used in this Act shall have the meaning given such terms
in section 14101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801). | State Revolving Funds for Schools Act - Establishes a pilot program of State revolving funds for school construction.
Authorizes the Secretary of Education to enter into cooperative agreements with States for the establishment of State revolving funds and multistate revolving funds for making loans to local political subdivisions or local educational agencies for building or repairing public elementary or secondary schools.
Sets forth requirements for such revolving funds, including matching requirements.
Directs the Secretary to review and report to the Congress biennially on the financial condition of each such revolving fund.
Authorizes appropriations. | billsum_train |
Provide a summary of the following text: SECTION 1. REQUIREMENTS FOR NATURALIZATION TO CITIZENSHIP THROUGH
SERVICE IN THE ARMED FORCES OF THE UNITED STATES.
(a) Period of Required Service Reduced to 2 Years.--Section 328(a)
of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by
striking ``three'' and inserting ``two''.
(b) Prohibition on Imposition of Fees Relating to Naturalization.--
Section 328(b) of the Immigration and Nationality Act (8 U.S.C.
1439(b)) is amended--
(1) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(2) by adding after paragraph (3) the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or issuing a certificate of
naturalization upon his admission to citizenship, and no clerk
of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be
made, in which case nothing more than the portion of the fee
required to be paid to the State shall be charged or
collected.''.
(c) Naturalization Through Enlistment in the Armed Forces and
Service With an Eligibility for Access to Classified Information.--The
Immigration and Nationality Act is amended by adding after section 328
the following new section:
``naturalization through enlistment in the armed forces of the united
states and service with an eligibility for access to classified
information''
``Sec. 328A. (a) A person who has served honorably at any time in
the Armed Forces of the United States, who enlisted for such service
and was not inducted to service, whose eligibility for access to
classified information has been certified to the Service by the
relevant military department, and who, if separated from such service,
was never separated except under honorable conditions, may be
naturalized without having resided, continuously immediately preceding
the date of filing such person's application, in the United States for
at least five years, and in the State or district of the Service in the
United States in which the application for naturalization is filed for
at least three months, and without having been physically present in
the United States for any specified period, if such application is
filed while the applicant is still in the service or within six months
after the termination of such service.
``(b) A person filing a application under subsection (a) of this
section shall comply in all other respects with the requirements of
this title, except that--
``(1) no residence within a State or district of the
Service in the United States shall be required;
``(2) notwithstanding section 318 insofar as it relates to
deportability, such applicant may be naturalized immediately if
the applicant be then actually in the Armed Forces of the
United States, and if prior to the filing of the application,
the applicant shall have appeared before and been examined by a
representative of the Service;
``(3) the applicant shall furnish to the Attorney General,
prior to any final hearing upon his application a certified
statement from the proper executive department for each period
of his service upon which he relies for the benefits of this
section--
``(A) clearly showing that such service was
honorable and that no discharges from service,
including periods of service not relied upon by him for
the benefits of this section, were other than
honorable;
``(B) clearly showing that the applicant entered
the Service through enlistment and not induction; and
``(C) clearly showing that the applicant was
eligible for access to classified information; and
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or issuing a certificate of
naturalization upon his admission to citizenship, and no clerk
of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be
made, in which case nothing more than the portion of the fee
required to be paid to the State shall be charged or
collected.''.
``The certificate or certificates herein provided for shall be
conclusive evidence of such service and discharge.
``(c) In the case such applicant's service was not continuous, the
applicant's residence in the United States and State or district of the
Service in the United States, good moral character, attachment to the
principles of the Constitution of the United States, and favorable
disposition toward the good order and happiness of the United States,
during any period within five years immediately preceding the date of
filing such application between the periods of applicant's service in
the Armed Forces, shall be alleged in the application filed under the
provisions of subsection (a) of this section, and proved at any hearing
thereon. Such allegation and proof shall also be made as to any period
between the termination of applicant's service and the filing of the
application for naturalization.
``(d) The applicant shall comply with the requirements of section
316(a) of this title, if the termination of such service has been more
than six months preceding the date of filing the application for
naturalization, except that such service within five years immediately
preceding the date of filing such application shall be considered as
residence and physical presence within the United States.''.
``(e) Any such period or periods of service under honorable
conditions, and good moral character, attachment to the principles of
the Constitution of the United States, and favorable disposition toward
the good order and happiness of the United States, during such service,
shall be proved by duly authenticated copies of the records of the
executive departments having custody of the records of such service,
and such authenticated copies of records shall be accepted in lieu of
compliance with the provisions of section 316(a).''.
(d) Conduct of Naturalization Proceedings Overseas for Members of
the Armed Forces of the United States.--Notwithstanding any other
provision of law, the Attorney General, the Secretary of State, and the
Secretary of Defense, shall ensure that any applications, interviews,
filings, oaths, ceremonies, or other proceedings under title III of the
Immigration and Nationality Act relating to naturalization of members
of the Armed Forces are available through United States embassies and
consulates and, as practicable, United States military installations
overseas. | Amends the Immigration and Nationality Act respecting naturalization through service in the Armed Forces to: (1) reduce the required service from three years to two years; and (2) prohibit the imposition of a naturalization fee.Provides, and sets forth the conditions, for naturalization through enlistment in the Armed Forces and service with an eligibility for access to classified information.Provides for overseas naturalization proceedings for members of the Armed Forces. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rabbi Arthur Schneier Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Rabbi Arthur Schneier, Spiritual Leader of Park East
Synagogue and Founder and President, Appeal of Conscience
Foundation, has played a pioneering role in promoting religious
freedom and human rights throughout the world, for close to
half a century.
(2) The President of the United States awarded him the
Presidential Citizens Medal for ``his service as an
international envoy for four administrations'' and as a
Holocaust survivor, ``devoting a lifetime to overcoming forces
of hatred and intolerance''.
(3) He received the United States Department of State
Special Recognition Award from Secretary Colin Powell for ``...
his ecumenical work in favor of mutual understanding, tolerance
and peace ...''.
(4) In China in 2004, he headed an interfaith Appeal of
Conscience Foundation delegation which met with government
officials on behalf of religious freedom and strengthened
exchanges between religious communities in China and the United
States.
(5) He has regularly led delegations of religious leaders
to China since the early 1980s.
(6) In the Former Soviet Union, Rabbi Schneier was, in
2004, the keynote speaker at the Interreligious Conference on
Peace hosted by Patriarch Aleksey II.
(7) In Armenia in 2002, he held meetings with the Catholics
and government leaders to help ease tensions between Armenia
and Turkey.
(8) In Yugoslavia, he convened the Religious Summit on the
Former Yugoslavia in Switzerland and the Conflict Resolution
Conference in Vienna, mobilizing religious leaders to halt the
bloodshed in former Yugoslavia (1992, 1995).
(9) In the Balkans, Caucasus, and Central Asia, he
initiated the Peace and Tolerance Conference in Istanbul,
Turkey, in cooperation with the Turkish Government and the
Ecumenical Patriarch Bartholomew I (1994).
(10) In Bosnia-Herzegovina, he met with top government and
religious leaders in Sarajevo to promote healing and
conciliation between the Serbian Orthodox, Muslim, Catholic,
and Jewish communities (1997).
(11) Rabbi Schneier initiated the interfaith appeal to the
United Nations for the worldwide protection of holy sites,
which was adopted by the United Nations General Assembly in May
2001 as the resolution for the ``Protection of Religious
Sites''.
(12) In 1980, he initiated the Annual Seminar on Religious
Life to educate Foreign Service officers in the religious
traditions of the countries of their assignment.
(13) The Foreign Service Institute honored him in 2001 for
``20 years of excellent cooperation in furthering the objective
of religious freedom''.
(14) He has been very active in humanitarian missions, such
as mobilizing the American religious community in support for
the victims of the Armenian and Turkish earthquakes.
(15) A United States Alternate Representative to the United
Nations General Assembly and Chairman of the United States
Commission for the Preservation of America's Heritage Abroad,
he was one of 3 American religious leaders appointed by the
President of the United States to start the first dialogue on
religious freedom with President Jiang Zemin and other top
Chinese leaders (1998).
(16) He was a United States delegate to the Stockholm
International Forum for the Prevention of Genocide (2004).
(17) Born in Vienna, Austria, in 1930, Rabbi Schneier lived
under Nazi occupation in Budapest during World War II and
arrived in the United States in 1947.
(18) He holds the Ordination and Doctor of Divinity Degree
from Yeshiva University.
(19) In 2004, Yeshiva University honored him by
establishing the Rabbi Arthur Schneier Center for International
Affairs.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Rabbi Arthur
Schneier in recognition of his pioneering role in promoting religious
freedom and human rights throughout the world, for close to half a
century.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medal struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund. | Rabbi Arthur Schneier Congressional Gold Medal Act - Awards the Congressional Gold Medal to Rabbi Arthur Schneier in recognition of his pioneering role in promoting religious freedom and human rights throughout the world for close to half a century. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Back to Work Act of 2001''.
SEC. 2. NATIONAL EMERGENCY GRANTS TO RESPOND TO THE TERRORIST ATTACKS
OF SEPTEMBER 11, 2001.
(a) In General.--Section 173(a) of the Workforce Investment Act of
1998 (29 U.S.C. 2918(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to the Governor of any State who applies for
assistance under subsection (f) to provide employment and
training assistance to workers affected by major economic
dislocations, such as plant closures, mass layoffs, or multiple
layoffs, caused by the terrorist attacks of September 11,
2001.''.
(b) Requirements.--Section 173 of the Workforce Investment Act of
1998 (29 U.S.C. 2918) is amended by adding at the end the following:
``(f) Relief for Dislocations Caused by the Terrorist Attacks of
September 11, 2001.--
``(1) Grant recipient eligibility.--To be eligible to
receive a grant under subsection (a)(4), a Governor shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. Such application shall contain a certification by the
Governor that the terrorist attacks of September 11, 2001,
contributed importantly to plant closures, mass layoffs of
workers, multiple layoffs of workers, or other major economic
dislocations in the State.
``(2) State administration.--The Governor may designate one
or more local workforce investment boards or other entities
with the capability to respond to the circumstances relating to
the particular closure, layoff, or other dislocation to
administer the grant under subsection (a)(4).
``(3) Participant eligibility.--
``(A) In general.--An individual shall be eligible
to receive assistance described in subparagraph (B)
under a grant awarded under subsection (a)(4) if such
individual is a dislocated worker and the Governor has
certified that the terrorist attacks of September 11,
2001, contributed importantly to the dislocation.
``(B) Types of assistance.--Assistance described in
this subparagraph is--
``(i) employment and training assistance,
including employment and training activities
described in section 134; and
``(ii) temporary health care coverage
assistance described in paragraph (4).
``(4) Temporary health care coverage assistance.--
``(A) In general.--Temporary health care coverage
assistance described in this paragraph consists of
health care coverage premium assistance provided to
qualified individuals under this paragraph.
``(B) Qualified individuals.--For purposes of this
paragraph, a qualified individual is an individual
who--
``(i) is a dislocated worker referred to in
paragraph (3)(A) with respect to whom the
Governor has made the certification regarding
the dislocation as required under such
paragraph, and
``(ii) has enrolled in a program for health
care coverage premium assistance established by
the Governor for purposes of this paragraph.
``(C) Provision of assistance.--Health care
coverage premium assistance provided under the program
established by the Governor for purposes of this
paragraph--
``(i) shall be not in excess of 75 percent
of the full amount of the premium for the
health care coverage,
``(ii) shall be provided with respect to
not more than the first 10 months of the period
of dislocation of the qualified individual, and
``(iii) shall be credited against the
premium otherwise owed with respect to the
qualified individual.
``(D) Limitation on entitlement.--Nothing in this
subsection shall be construed as establishing any
entitlement of qualified individuals to premium
assistance under this subsection.
``(E) Definitions.--For purposes of this
paragraph--
``(i) Health care coverage.--The term
`health care coverage' means health insurance
coverage other than coverage under--
``(I) title XVIII of the Social
Security Act,
``(II) title XIX of the Social
Security Act (other than section 1928),
``(III) title XXI of the Social
Security Act,
``(IV) chapter 55 of title 10,
United States Code,
``(V) chapter 17 of title 38,
United States Code,
``(VI) chapter 89 of title 5,
United States Code (other than coverage
which is comparable to continuation
coverage under section 4980B of the
Internal Revenue Code of 1986), or
``(VII) the Indian Health Care
Improvement Act.
Such term also does not include coverage under
a qualified long-term care insurance contract
and health insurance coverage in the individual
market.
``(ii) Premium.--The term `premium' means,
in connection with health care coverage, the
premium which would (but for this section) be
charged for the cost of coverage.
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $3,000,000,000 for fiscal year 2002 for
the award of grants under subsection (a)(4) in
accordance with this subsection.
``(B) Availability.--Amounts appropriated pursuant
to the authorization of appropriations under
subparagraph (A)--
``(i) are in addition to amounts made
available under section 132(a)(2)(A) or any
other provision of law to carry out this
section; and
``(ii) are authorized to remain available
until 18 months after the date of the enactment
of this subsection.''.
SEC. 3. SENSE OF CONGRESS TO PROMOTE SERVICES UNDER THE WORKFORCE
INVESTMENT ACT OF 1998.
(a) Findings.--Congress finds the following:
(1) In the wake of the terrorist attacks against the United
States on September 11, 2001, many workers and their families
are dealing with job loss and other effects of an economic
slowdown.
(2) The Workforce Investment Act of 1998 was enacted to
create the Nation's coordinated workforce development system,
under which assistance is provided for workers who have been
laid off, including job training assistance.
(3) The Workforce Investment Act of 1998 provides services
such as--
(A) one-stop career centers, which provide
integrated resources for job seekers and businesses,
including job search, job placement services and job
referrals to employers;
(B) individual training accounts, which are job
training vouchers established by local areas and given
to individuals to allow them to choose where they would
like to receive their job training; and
(C) rapid response services, under which States
establish on-site offices at affected businesses to
make immediate contact with employees and employers to
provide assistance in the areas of job search and
training activities.
(4) The Nation's workforce development system is designed
to help individual dislocated workers and provide rapid
response services in times of mass layoffs or dislocations.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Labor should continue efforts to encourage Americans to
take advantage of existing services under the Workforce Investment Act
of 1998 in order to assist workers during these times of unemployment. | Back to Work Act of 2001 - Amends the Workforce Investment Act of 1998 to authorize appropriations to expand the National Emergency Grant program, for an 18-month period, to include grants to States to provide certain employment and training assistance and temporary health care coverage premium assistance for workers affected by major economic dislocations, such as plant closures, mass layoffs, or multiple layoffs, caused by the terrorist attacks of September 11, 2001.Expresses the sense of Congress that the Secretary of Labor should continue efforts to encourage Americans to take advantage of existing services under the Workforce Investment Act of 1998 in order to assist workers during these times of unemployment. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Sequester Job Loss Now
Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013
SEQUESTRATION
Sec. 101. Repeal and replace the 2013 sequester.
Sec. 102. Protecting veterans programs from sequester.
TITLE II--AGRICULTURAL SAVINGS
Sec. 201. One-year extension of agricultural commodity programs, except
direct payment programs.
TITLE III--OIL AND GAS SUBSIDIES
Sec. 301. Limitation on section 199 deduction attributable to oil,
natural gas, or primary products thereof.
Sec. 302. Prohibition on using last-in, first-out accounting for major
integrated oil companies.
Sec. 303. Modifications of foreign tax credit rules applicable to major
integrated oil companies which are dual
capacity taxpayers.
TITLE IV--THE BUFFETT RULE
Sec. 401. Fair share tax on high-income taxpayers.
TITLE V--SENSE OF THE HOUSE
Sec. 501. Sense of the House on the need for a fair, balanced and
bipartisan approach to long-term deficit
reduction.
TITLE I--BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013
SEQUESTRATION
SEC. 101. REPEAL THE 2013 SEQUESTER AND DELAY THE 2014 SEQUESTER.
(a) Calculation of Total Deficit Reduction and Allocation to
Functions.--(1) Subparagraph (E) of section 251A(3) is amended to read
as follows:
``(E) For fiscal year 2014, reducing the amount calculated
under subparagraphs (A) through (D) by $27,500,000,000.''.
(2) Paragraph (4) of section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by
striking ``On March 1, 2013, for fiscal year 2013, and in its
sequestration preview report for fiscal years 2014 through 2021'' and
inserting ``On January 2, 2014, for fiscal year 2014, and in its
sequestration preview report for fiscal years 2015 through 2021''.
(b) Defense and Nondefense Function Reductions.--Paragraphs (5) and
(6) of section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 are amended by striking ``2013'' and inserting
``2014'' each place it appears.
(c) Implementing Discretionary Reductions.--(1) Section 251A(7)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by striking ``2013.--On January 2, 2013, for fiscal year 2013''
and inserting ``2014.--On January 2, 2014, for fiscal year 2014''.
(2) Section 251A(7)(B) of such Act is amended by striking ``2014''
and inserting ``2015'' each place it appears.
(d) Savings.--The savings set forth by the enactment of title II
shall achieve the savings that would otherwise have occurred as a
result of the sequestration under section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985.
SEC. 102. PROTECTING VETERANS PROGRAMS FROM SEQUESTER.
Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is repealed.
TITLE II--AGRICULTURAL SAVINGS
SEC. 201. ONE-YEAR EXTENSION OF AGRICULTURAL COMMODITY PROGRAMS, EXCEPT
DIRECT PAYMENT PROGRAMS.
(a) Extension.--Except as provided in subsection (b) and
notwithstanding any other provision of law, the authorities provided by
each provision of title I of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by
that title (and for mandatory programs at such funding levels), as in
effect on September 30, 2013, shall continue, and the Secretary of
Agriculture shall carry out the authorities, until September 30, 2014.
(b) Termination of Direct Payment Programs.--
(1) Covered commodities.--The extension provided by
subsection (a) shall not apply with respect to the direct
payment program under section 1103 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8713).
(2) Peanuts.--The extension provided by subsection (a)
shall not apply with respect to the direct payment program
under section 1303 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7953).
(c) Effective Date.--This section shall take effect on the earlier
of--
(1) the date of the enactment of this Act; and
(2) September 30, 2013.
TITLE III--OIL AND GAS SUBSIDIES
SEC. 301. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is a major
integrated oil company (as defined in section
167(h)(5)(B)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, transportation, or
distribution of oil, natural gas, or any primary
product (within the meaning of subsection (d)(9))
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after December 31, 2013.
SEC. 302. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)(5)(B)) may not use the method provided in subsection
(b) in inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years ending after December 31, 2013.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
ending after December 31, 2013--
(A) such change shall be treated as initiated by
the taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 303. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Major Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a major integrated oil company (as defined in
section 167(h)(5)(B)) to a foreign country or possession of the
United States for any period shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply
the proper treatment of any such amount not in excess
of the amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or
possession.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
TITLE IV--THE BUFFETT RULE
SEC. 401. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS
``SEC. 59B. FAIR SHARE TAX.
``(a) General Rule.--
``(1) Phase-in of tax.--In the case of any high-income
taxpayer, there is hereby imposed for a taxable year (in
addition to any other tax imposed by this subtitle) a tax equal
to the product of--
``(A) the amount determined under paragraph (2),
and
``(B) a fraction (not to exceed 1)--
``(i) the numerator of which is the excess
of--
``(I) the taxpayer's adjusted gross
income, over
``(II) the dollar amount in effect
under subsection (c)(1), and
``(ii) the denominator of which is the
dollar amount in effect under subsection
(c)(1).
``(2) Amount of tax.--The amount of tax determined under
this paragraph is an amount equal to the excess (if any) of--
``(A) the tentative fair share tax for the taxable
year, over
``(B) the excess of--
``(i) the sum of--
``(I) the regular tax liability (as
defined in section 26(b)) for the
taxable year,
``(II) the tax imposed by section
55 for the taxable year, plus
``(III) the payroll tax for the
taxable year, over
``(ii) the credits allowable under part IV
of subchapter A (other than sections 27(a), 31,
and 34).
``(b) Tentative Fair Share Tax.--For purposes of this section--
``(1) In general.--The tentative fair share tax for the
taxable year is 30 percent of the excess of--
``(A) the adjusted gross income of the taxpayer,
over
``(B) the modified charitable contribution
deduction for the taxable year.
``(2) Modified charitable contribution deduction.--For
purposes of paragraph (1)--
``(A) In general.--The modified charitable
contribution deduction for any taxable year is an
amount equal to the amount which bears the same ratio
to the deduction allowable under section 170 (section
642(c) in the case of a trust or estate) for such
taxable year as--
``(i) the amount of itemized deductions
allowable under the regular tax (as defined in
section 55) for such taxable year, determined
after the application of section 68, bears to
``(ii) such amount, determined before the
application of section 68.
``(B) Taxpayer must itemize.--In the case of any
individual who does not elect to itemize deductions for
the taxable year, the modified charitable contribution
deduction shall be zero.
``(c) High-Income Taxpayer.--For purposes of this section--
``(1) In general.--The term `high-income taxpayer' means,
with respect to any taxable year, any taxpayer (other than a
corporation) with an adjusted gross income for such taxable
year in excess of $1,000,000 (50 percent of such amount in the
case of a married individual who files a separate return).
``(2) Inflation adjustment.--
``(A) In general.--In the case of a taxable year
beginning after 2014, the $1,000,000 amount under
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2013'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $10,000, such
amount shall be rounded to the next lowest multiple of
$10,000.
``(d) Payroll Tax.--For purposes of this section, the payroll tax
for any taxable year is an amount equal to the excess of--
``(1) the taxes imposed on the taxpayer under sections
1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes
are attributable to the rate of tax in effect under section
3101) with respect to such taxable year or wages or
compensation received during the taxable year, over
``(2) the deduction allowable under section 164(f) for such
taxable year.
``(e) Special Rule for Estates and Trusts.--For purposes of this
section, in the case of an estate or trust, adjusted gross income shall
be computed in the manner described in section 67(e).
``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter (other than the credit allowed under
section 27(a)) or for purposes of section 55.''.
(b) Conforming Amendment.--Section 26(b)(2) of such Code is amended
by redesignating subparagraphs (C) through (X) as subparagraphs (D)
through (Y), respectively, and by inserting after subparagraph (B) the
following new subparagraph:
``(C) section 59B (relating to fair share tax),''.
(c) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VII--Fair Share Tax on High-Income Taxpayers''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
TITLE V--SENSE OF THE HOUSE
SEC. 501. SENSE OF THE HOUSE ON THE NEED FOR A FAIR, BALANCED AND
BIPARTISAN APPROACH TO LONG-TERM DEFICIT REDUCTION.
(a) The House finds that--
(1) every bipartisan commission has recommended--and the
majority of Americans agree--that we should take a balanced,
bipartisan approach to reducing the deficit that addresses both
revenue and spending; and
(2) sequestration is a meat-ax approach to deficit
reduction that imposes deep and mindless cuts, regardless of
their impact on vital services and investments.
(b) It is the sense of the House that the Congress should replace
the entire 10-year sequester established by the Budget Control Act of
2011 with a balanced approach that would increase revenues without
increasing the tax burden on middle-income Americans, and decrease
long-term spending while maintaining the Medicare guarantee, protecting
Social Security and a strong social safety net, and making strategic
investments in education, science, research, and critical
infrastructure necessary to compete in the global economy. | Stop the Sequester Job Loss Now Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal the FY2013 sequester and reduce the FY2014 sequester. Eliminates the 2% maximum permissible reduction in budget authority for veterans' medical care. Extends through FY2014 agricultural commodity programs generally under the Food, Conservation, and Energy Act of 2008, but not the direct payment programs for wheat, corn, grain sorghum, barley, oats, upland cotton, long and medium grain rice, soybeans, other oilseeds, and peanuts. Amends the Internal Revenue Code, with respect to deductions from income, to set a special rule that a major integrated oil company's domestic production gross receipts shall not include any gross receipts from the production, refining, processing, transportation, or distribution of oil, natural gas, or any of their primary products. Prohibits a major integrated oil company from using the last-in, first-out (LIFO) accounting method in inventorying goods. Prescribes a special rule to limit the foreign tax credit and tax deferrals for amounts paid or accrued by a major integrated oil company that is a dual capacity taxpayer (a person subject to a levy of a foreign country or U.S. possession and receives, or will receive, directly or indirectly a specific economic benefit from such county or possession). Requires an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum (fair share) tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year. Declares that it is the sense of the House that Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would: (1) increase revenues without increasing the tax burden on middle-income Americans; and (2) decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy. | billsum_train |
Make a summary of the following text: SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Independent
Commission on the 2004 Coup d'Etat in the Republic of Haiti (in this
Act referred to as the ``Commission'').
SEC. 2. DUTIES.
(a) Duties.--The Commission shall examine and evaluate the role of
the United States Government in the February 2004 coup d'etat in the
Republic of Haiti. In carrying out the preceding sentence, the
Commission shall examine and evaluate the following:
(1) The extent to which the United States Government
impeded the democratic process in Haiti, including the extent
to which actions and policies of the United States Government
contributed to the overthrow of the democratically-elected
Government of Haiti.
(2) The circumstances under which Haitian President Jean-
Bertrand Aristide resigned his office and went into exile in
the Central African Republic, including the role of the United
States Government in such resignation and exile.
(3) In the events leading up to the coup d'etat, the extent
to which the United States Government fulfilled its obligations
under article 17 of the Organization of American States (OAS)
Inter-American Democratic Charter requiring that each OAS
member country come to the aid of another OAS government under
attack.
(4) The extent to which the United States Government
impeded efforts by the international community, particularly
efforts by Caribbean Community (CARICOM) countries, to prevent
the overthrow of the democratically-elected Government of
Haiti.
(5) The role of the United States Government in influencing
decisions regarding Haiti at the United Nations Security
Council and in discussions between Haiti and other countries
that were willing to assist in the preservation of the
democratically-elected Government of Haiti by sending security
forces to Haiti.
(6) The extent to which United States assistance was
provided or United States personnel were used to support,
directly or indirectly, the forces opposed to the government of
President Aristide, including the extent to which United States
bilateral assistance was channeled through nongovernmental
organizations that were directly or indirectly associated with
political groups actively involved in fomenting hostilities or
violence toward the government of President Aristide.
(7) The involvement of the Central Intelligence Agency,
directly or indirectly, in operations that contributed to the
overthrow of the democratically-elected Government of Haiti.
(8) The impact of the International Republican Institute,
the National Democratic Institute for International Affairs,
and other organizations funded by the United States Agency for
International Development on the political process in Haiti.
(9) The political and economic impact on Haiti of the
decision by the United States Government to discontinue all
United States bilateral assistance to Haiti and United States
efforts to block loans and support for Haiti from international
financial institutions.
(10) The broader implications for Haiti and the Caribbean
region of the events culminating in the coup d'etat.
(b) Scope of Duties.--In carrying out the duties described in
subsection (a), the Commission may examine the actions and
representations of the current Administration as well as prior
Administrations.
SEC. 3. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 3 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualification Requirement; Deadline for Appointment;
Meetings.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(2) Deadline for appointment.--All members of the
Commission shall be appointed not later than 45 days after the
date of the enactment of this Act.
(3) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(c) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members of the
Commission.
(d) Quorum; Vacancies.--6 members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings and Sessions.--
(1) In general.--The Commission shall, for the purpose of
carrying out this Act, hold public hearings and meetings to the
extent appropriate, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(2) Additional requirements.--
(A) Public hearings.--Any public hearings of the
Commission shall be conducted in a manner consistent
with the protection of information provided to or
developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
(B) Public versions of reports.--The Commission
shall release public versions of the reports required
under section 8.
(b) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter under
investigation by the Commission.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey a subpoena issued under paragraph (1), the
Commission may apply to a United States district court for an
order requiring that person to appear before the Commission to
give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(c) Contract Authority.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties of this Act.
(d) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency information necessary to
enable it to carry out this Act. Upon request of the Chairperson of the
Commission, the head of that department or agency shall provide that
information to the Commission.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's duties.
(2) Other departments and agencies.--In addition to the
assistance described in paragraph (1), departments and agencies
of the United States may provide to the Commission such
services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized by
law.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 5. STAFF OF COMMISSION.
(a) Appointment and Compensation.--The Chairperson of the
Commission, in consultation with the Vice Chairperson of the
Commission, in accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such other
personnel as may be necessary to enable the Commission to carry out its
duties, 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 Act relating to classification and General Schedule 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.
(b) 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.
(c) Consultant Services.--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 a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate 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.
(b) 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.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
(a) In General.--Subject to subsection (b), the appropriate Federal
agencies or departments shall cooperate with the Commission in
expeditiously providing to the Commission members and staff appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(b) Exception.--No person shall be provided with access to
classified information under this Act without the appropriate required
security clearance access.
SEC. 8. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to Congress and the
President interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress and the
President a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Form of Report.--Each report prepared under this section shall
be submitted in unclassified form, but may contain a classified annex.
SEC. 9. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
is submitted under section 8(b).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating the
final report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $5,000,000 for fiscal year 2006.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until the date on which the Commission terminates
pursuant to section 9(a). | Establishes in the legislative branch the Independent Commission on the 2004 Coup d'Etat in the Republic of Haiti.
Directs the Commission to examine, as specified, the United States' role in the February 2004 coup d'etat in the Republic of Haiti.
Terminates the Commission 60 days after submission of its final report to Congress and the President. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Youth and Community
Protection Act of 2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) children in Indian country should be protected from
violence;
(2) tribal communities should be able to protect themselves
from offenders bringing illegal drugs onto Indian reservations;
(3) violence against children and crime associated with
illegal drugs increase the number of instances of trauma in
tribal communities, which--
(A) affects health outcomes;
(B) reduces educational attainment;
(C) hinders economic growth; and
(D) undermines public safety;
(4) Congress established the Indian Law and Order
Commission to advise the Federal Government on how to improve
criminal justice in Indian country;
(5) the Indian Law and Order Commission issued a report
entitled ``A Roadmap for Making Native America Safer''--
(A) which recommends the restoration of the
inherent authority of tribal courts; and
(B) on which the Committee on Indian Affairs of the
Senate, on February 12, 2014, held an oversight hearing
and received testimony; and
(6) recognition of the inherent authority of Indian tribes
to protect Native children from violence, and tribal
communities from illegal drugs, will reduce instances of trauma
experienced by Indians.
SEC. 3. EXTENSION OF AUTHORIZATIONS.
(a) Indian Alcohol and Substance Abuse Prevention and Treatment
Grants.--Section 4206 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2412) is amended--
(1) by striking ``appropriate,,'' each place it appears and
inserting ``appropriate,'';
(2) in subsection (c)(1)(A)(iv), by striking ``Indians as
provided under section 4228, and'' and inserting ``Indians;
and'';
(3) in subsection (d)(2), by striking ``2011 through 2015''
and inserting ``2016 through 2020''; and
(4) in subsection (f)(3), by striking ``2011 through 2015''
and inserting ``2016 through 2020''.
(b) Bureau of Indian Affairs Law Enforcement and Judicial
Training.--Section 4218(b) of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2451(b)) is amended by
striking ``2011 through 2015'' and inserting ``2016 through 2020''.
SEC. 4. PROTECTION OF NATIVE CHILDREN AND TRIBAL COMMUNITIES.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) is amended--
(1) in the section heading, by striking ``violence'' and
inserting ``and child violence and drug offenses'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``means
violence'' and inserting ``includes felony or
misdemeanor violations of the criminal law of the
Indian tribe that has jurisdiction over the Indian
country where the violations occur that are'';
(B) in paragraph (2)--
(i) by striking ``means violence'' and
inserting ``includes felony or misdemeanor
violations of the criminal law of the Indian
tribe that has jurisdiction over the Indian
country where the violations occur that are'';
and
(ii) by striking ``an Indian tribe that has
jurisdiction over the Indian country where the
violence occurs'' and inserting ``the Indian
tribe'';
(C) in paragraph (4), by striking ``domestic
violence'' and inserting ``tribal'';
(D) in paragraph (6)--
(i) in the paragraph heading, by striking
``domestic violence'' and inserting ``tribal'';
and
(ii) by striking ``domestic violence'' and
inserting ``tribal'';
(E) by redesignating--
(i) paragraphs (3) through (7) as
paragraphs (7) through (11), respectively; and
(ii) paragraphs (1) and (2) as paragraphs
(4) and (5), respectively;
(F) by inserting before paragraph (4) (as so
redesignated) the following:
``(1) Caregiver.--The term `caregiver' means--
``(A) the parent, guardian, or legal custodian of
the child;
``(B) any relative of the child, including a
parent, grandparent, great-grandparent, stepparent,
brother, sister, stepbrother, stepsister, half-brother,
or half-sister;
``(C) a person who resides or has resided regularly
or intermittently in the same dwelling as the child;
``(D) a person who provides or has provided care
for the child in or out of the home of the child;
``(E) any person who exercises or has exercised
temporary or permanent control over the child; or
``(F) any person who temporarily or permanently
supervises or has supervised the child.
``(2) Child.--The term `child' means a person who has not
attained the lesser of--
``(A) the age of 18; or
``(B) except in the case of sexual abuse, the age
specified by the child protection law of the
participating tribe that has jurisdiction over the
Indian country where the child resides.
``(3) Child violence.--The term `child violence' includes
felony or misdemeanor violations of the criminal law of the
Indian tribe that has jurisdiction over the Indian country
where the violations occur that are committed against a child
by a caregiver or a person that would be subject to special
tribal criminal jurisdiction if the crime was committed against
the parent, legal custodian, or guardian of the child under the
child protection, domestic, or family violence law of the
Indian tribe.'';
(G) by inserting before paragraph (7) (as so
redesignated) the following:
``(6) Drug offense.--The term `drug offense' includes drug-
related felony or misdemeanor violations of the criminal law of
the Indian tribe that has jurisdiction over the Indian country
where the violations occur.''; and
(H) by adding at the end the following:
``(12) Related conduct.--The term `related conduct' means
conduct committed by the defendant that occurs in connection
with the exercise of special tribal criminal jurisdiction that
is a violation of the criminal laws or contempt authority of
the tribal court of the Indian tribe that has jurisdiction over
the Indian country where the underlying offense occurred.'';
(3) in subsection (b)--
(A) by striking ``domestic violence'' each place it
appears and inserting ``tribal''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i) (as so amended),
by inserting ``(other than a drug offense)''
before ``if neither''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i) (as so amended), by inserting ``for
a crime of domestic violence or dating
violence or a violation of a protection
order'' before ``only if''; and
(II) in clause (iii), by striking
``, or dating partner'' and inserting
``, dating partner, or caregiver'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``domestic violence'' and inserting
``tribal'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``and dating violence'' and inserting ``,
dating violence, and child violence''; and
(ii) by striking ``or dating violence'' and
inserting ``, dating violence, or child
violence''; and
(C) by adding at the end the following:
``(3) Related conduct.--An act of related conduct that
occurs in the Indian country of the participating tribe.
``(4) Drug offenses.--A drug offense that occurs in the
Indian country of the participating tribe.'';
(5) in subsection (d), by striking ``domestic violence''
each place it appears and inserting ``tribal'';
(6) in subsection (f)--
(A) by striking ``special domestic violence'' each
place it appears and inserting ``special tribal'';
(B) in paragraph (2), by striking ``prosecutes''
and all that follows through the semicolon at the end
and inserting the following: ``prosecutes--
``(A) a crime of domestic violence;
``(B) a crime of dating violence;
``(C) a crime of child violence;
``(D) a drug offense;
``(E) a criminal violation of a protection order;
or
``(F) a crime of related conduct;''; and
(C) in paragraph (4), by inserting ``child
violence, related conduct,'' after ``dating
violence,''; and
(7) in subsection (h)--
(A) by striking ``$5,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``2014 through 2018'' and inserting
``2016 through 2020''.
SEC. 5. REPORT.
Not later than 4 years after the date of enactment of this Act, the
Assistant Secretary for Indian Affairs shall submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report describing the degree of
effectiveness of Federal programs that are intended to build the
capacity of criminal justice systems of Indian tribes to investigate
and prosecute offenses relating to illegal drugs. | Tribal Youth and Community Protection Act of 2016 This bill reauthorizes through FY2020, and revises, provisions of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 and other laws that: (1) support efforts to combat alcohol and substance abuse among tribal members, and (2) authorize the Department of Justice to award grants to enhance the criminal justice systems of tribal governments. The bill also expands and modifies tribal jurisdiction over certain crimes. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Undocumented Alien Emergency Medical
Assistance Amendments of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The provision of medical care by public or private
health care providers to undocumented aliens is appropriate
only--
(A) to protect the health and safety of United
States citizens;
(B) to save the life of an undocumented alien in a
life-threatening medical emergency; and
(C) to stabilize an emergency medical condition so
that an undocumented alien can be repatriated for
medical treatment in the alien's own country.
(2) Federal reimbursement of emergency hospital services
furnished to undocumented aliens should be conditioned upon
obtaining sufficient information to promptly remove the aliens.
(3) Employers who employ undocumented aliens without
completing employment authorization verification procedures
should be held liable for uncompensated emergency services
furnished to such aliens.
SEC. 3. CONDITIONS FOR RECEIPT OF FEDERAL ASSISTANCE FOR EMERGENCY
SERVICES FOR UNDOCUMENTED ALIENS.
(a) In General.--Section 1011 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173) is
amended--
(1) in subsection (d)(1), by adding at the end the
following new subparagraph:
``(C) Application of requirement.--Under such
process, the Secretary shall not provide payment under
subsection (c) to an eligible provider that is a
hospital for eligible services for an alien described
in subsection (c)(5)(A) unless the requirements of
subsection (f) are met by that provider with respect to
such alien.'';
(2) in subsection (e)(2), by adding at the end the
following new sentence: ``Such term also includes, with respect
to an undocumented alien described in subsection (c)(5)(A),
costs for emergency medical transportation and evacuation
incurred by a hospital in transferring and removing the alien
to a foreign country for receipt of appropriate health care
services.''; and
(3) by adding at the end the following new subsection:
``(f) Requirement for Collection of Immigration-Related Information
for Undocumented Aliens.--
``(1) In general.--No payment may be made under subsection
(c) to a hospital with respect to the provision of eligible
services to an undocumented alien described in subsection
(c)(5)(A) unless the following requirements are met:
``(A) The hospital has obtained in good faith from
the alien (or a legal guardian or other representative
on behalf of the alien) the following information in a
document that is signed by the alien (or such guardian
or representative) under oath or affirmation and that
is in a form that includes a notice that fraudulent or
false statements constitute a criminal act punishable
under Federal law:
``(i) The citizenship of the alien.
``(ii) The immigration status of the alien.
``(iii) The address of the alien in the
United States.
``(iv) Such personal or financial data
regarding the alien as the hospital routinely
requires of non-indigent patients, including
information regarding health insurance.
``(v) Information on the identity of any
current employer of the alien for whom the
alien has executed an Internal Revenue Service
Form W-4.
A hospital is not liable for the accuracy of the
information provided under this subparagraph so long as
it exercises reasonable care and good faith in
obtaining the information.
``(B) The hospital obtains one or more identifiers
for the alien and records such identifiers in a
digital, electronic format specified by the Secretary
in consultation with the Secretary of Homeland
Security. Such format shall be compatible with at least
one interoperable database maintained by the Secretary
of Homeland Security for the purpose of verifying the
identity and immigration status of aliens.
``(C) The hospital transmits to the Secretary of
Homeland Security, in a digital, electronic format and
manner specified by such Secretary, the information
provided under subparagraph (A) and the identifier (or
identifiers) obtained under subparagraph (B).
``(2) Maintenance of hospital records.--For a period of at
least 5 years, a hospital referred to in paragraph (1) shall
maintain the original documents described in paragraph (1)(A)
on file and makes such documents available for examination by
the Secretary and the Secretary of Homeland Security or their
designees.
``(3) Provision of technical support.--The Secretary of
Homeland Security shall provide hospitals under this section
with software, training, and technical support services, at no
cost to the hospital, to assist and enable hospitals to comply
with the requirements of paragraph (1).
``(4) Prompt action by dhs.--The Secretary of Homeland
Security shall take steps as may be necessary--
``(A) to obtain, process, and promptly review
information transmitted under paragraph (1)(C);
``(B) to determine whether an alien for whom such
information is transmitted is removable under any
provision of Federal immigration law; and
``(C) to initiate removal proceedings under the
relevant provisions of the Immigration and Nationality
Act in the case of any such alien who is identified as
being removable.
``(5) Removability.--An undocumented alien who obtains
eligible services through a hospital and does not provide for
payment for such services and who fails to provide accurate
information described in paragraph (1)(A) or an identifier (as
defined in paragraph (6)) shall be treated as removable on the
ground described in section 237(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(5)).
``(6) Definition of identifier.--In this section, the term
`identifier' means a fingerprint or other biometric identifier
as the Secretary of Homeland Security may require.
``(g) Responsibility of Certain Employers.--
``(1) In general.--In the case of an employer of an
undocumented alien worker described in paragraph (2) for whom
payments are made to a hospital for eligible services under
this section, subject to paragraph (3), the employer shall be
liable to the Secretary for the amount of the payments so made.
``(2) Undocumented alien worker defined.--
``(A) In general.--For purposes of this subsection,
the term `undocumented alien worker' means, with
respect to an employer, an undocumented alien described
in subsection (c)(5)(A)--
``(i) who is an unauthorized alien (as
defined in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C.
1324a(h)(3));
``(ii) who has provided the employer with
an Internal Revenue Service Form W-4; and
``(iii) with respect to whom neither the
conditions described in subparagraph (B)(i) or
the condition described in subparagraph (B)(ii)
have been met.
``(B) Conditions for exemption.--For purposes of
subparagraph (A)(iii)--
``(i) First set of conditions.--The
conditions described in this clause for an
employer and alien are the following:
``(I) The employer and alien have
fully complied with all requirements of
the employment verification system
prescribed in section 274A(b) of the
Immigration and Nationality Act (8
U.S.C. 1324a(b)).
``(II) The employer has enrolled
the alien in a State workmen's
compensation plan.
``(III) The alien is enrolled under
a health benefits plan or health
insurance coverage that provides such
level of coverage with respect to
emergency medical and hospitalization
benefits as the Secretary shall
specify, in consultation with the
Secretary of Homeland Security.
``(IV) The employer has assumed
responsibility for any cost-sharing
(including applicable deductibles and
coinsurance) that applies to the alien.
``(ii) Alternative condition.--The
condition described in this clause for an
employer and alien are that the employer has
verified the employment authorization of the
alien through the voluntary basic employment
verification pilot program under section 403(a)
of the Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of
Public Law 104-208), where available, or by any
other means made available for such
verification purposes by the Secretary of
Homeland Security.
``(3) Limitation on liability.--The liability of an
employer under this subsection shall be limited to an employer
that employs an undocumented alien worker at the time (as
specified under rules of the Secretary of Homeland Security)
the eligible services are provided for which payment may be
made by the Secretary under this section.
``(h) Limitation on Care Required.--Notwithstanding any other
provision of law (including section 1867 of the Social Security Act, 42
U.S.C. 1395dd), a hospital is not required to make available to an
undocumented alien described in subsection (c)(5)(A) care or services
if--
``(1) the alien may be transported to the alien's country
of origin (as determined in accordance with rules of the
Secretary of Homeland Security) without a significant
likelihood of material deterioration of medical condition of
the alien (or, in the case of an alien in active labor, of the
child), within reasonable medical probability, resulting from
the transfer of the alien from the hospital; or
``(2) the care--
``(A) involves organ transplantation or other
extraordinary medical treatment (or other treatment the
estimated cost of which exceeds $50,000); and
``(B) is for treatment of a condition that existed
before the alien entered the United States or is not
required as a direct and immediate result of an
accident in the United States.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003.
(c) Regulations.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall issue interim regulations implementing the amendments
made by subsection (a) no later than 60 days after the date of
the enactment of this Act and shall permit a period of public
notice and comment of at least 90 days.
(2) Final regulations.--The Secretary of Homeland Security,
in consultation with the Secretary of Health and Human
Services, shall issue final regulations implementing such
amendments not later than one year after the date of
publication of such interim regulations.
(d) Annual Report on Implementation.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall submit to the chairman and ranking minority member of the
Judiciary and Appropriations Committees of the House of
Representatives and the Senate, the Select Committee on
Homeland Security of the House of Representatives, and the
Senate Committee on Governmental Affairs an annual report on
the implementation of section 1011 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, as amended by
this section.
(2) Items to be included.--Each annual report under
paragraph (1) shall include--
(A) a cost analysis of Federal expenditures under
such section 1011;
(B) a description of the assistance provided to
hospitals under subsection (f)(2) of such section;
(C) the number of undocumented aliens removed under
subsection (f)(3) of such section; and
(D) amounts recovered from employers under
subsection (g) of such section.
(e) Feasibility of Effecting Treaties for International Medical
Evacuation.--
(1) Study.--The Secretary of State shall conduct an
analysis of the feasibility and appropriateness of the
following:
(A) Negotiating with foreign states treaties under
which such states provide payment for the cost of
international medical evacuation for their nationals
who require emergency health care in the United States
and who do not otherwise have insurance or other
coverage for the costs of such care.
(B) In the case of nationals of a foreign state for
whom significant costs are incurred under section 1011
of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 and for which state a treaty
described in subparagraph (A) is not in effect,
imposing a visa, port of entry, or similar surcharge
the proceeds of which may be used towards such costs
and towards the cost of international medical
evacuation described in such clause.
(2) Report.--The Secretary of State shall submit to the
committees described in subsection (d)(1) a report on the
analysis under paragraph (1). | Undocumented Alien Emergency Medical Assistance Amendments of 2004 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to: (1) prohibit Federal reimbursement of hospital-provided emergency and certain transportation services to undocumented aliens unless the hospital provides the Secretary of Homeland Security with information regarding an alien's citizenship, immigration status, financial data, and employer; (2) make the employer of certain undocumented aliens responsible for such costs; and (3) direct the Secretary to initiate removal procedures against an alien determined to be removable under Federal immigration law.
Directs the Secretary of State to analyze the feasibility of effecting treaties for international medical evacuations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Women Veterans
Health Care Improvement Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH SERVICES FOR WOMEN VETERANS
Sec. 101. Report on barriers to receipt of health care for women
veterans.
Sec. 102. Independent study on health consequences of women veterans of
military service in Operation Iraqi Freedom
and Operation Enduring Freedom.
Sec. 103. Report on full-time program managers for women veterans
programs at medical centers.
TITLE II--IMPROVEMENT AND EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE PROGRAMS FOR WOMEN VETERANS
Sec. 201. Plan to improve provision of health care services to women
veterans.
Sec. 202. Training and certification for mental health care providers
on care for veterans suffering from sexual
trauma.
Sec. 203. Pilot program on counseling in retreat settings for women
veterans newly separated from service in
the Armed Forces.
Sec. 204. Service on certain advisory committees of women recently
separated from service in the Armed Forces.
Sec. 205. Pilot program on subsidies for child care for certain
veterans receiving health care.
Sec. 206. Care for newborn children of women veterans receiving
maternity care.
TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH SERVICES FOR WOMEN VETERANS
SEC. 101. REPORT ON BARRIERS TO RECEIPT OF HEALTH CARE FOR WOMEN
VETERANS.
(a) Report.--Not later than June 1, 2010, the Secretary of Veterans
Affairs 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 barriers to the receipt of
comprehensive health care through the Department of Veterans Affairs
that are encountered by women veterans, especially veterans of
Operation Iraqi Freedom and Operation Enduring Freedom.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification and assessment of the following:
(A) Any stigma perceived or associated by women
veterans in seeking mental health care services through
the Department of Veterans Affairs.
(B) The effect on access by women veterans to care
through the Department of driving distance or
availability of other forms of transportation to the
nearest appropriate facility of the Department.
(C) The availability of child care.
(D) The receipt of health care through women's
health clinics, integrated primary care clinics, or
both.
(E) The extent of comprehension by women veterans
of eligibility requirements for health care through the
Department, and the scope of health care services
available through the Department.
(F) The quality and nature of the reception of
women veterans by Department health care providers and
other staff.
(G) The perception of personal safety and comfort
of women veterans in inpatient, outpatient, and
behavioral health facilities of the Department.
(H) The sensitivity of Department health care
providers and other staff to issues that particularly
affect women.
(I) The effectiveness of outreach on health care
services of the Department that are available to women
veterans.
(J) Such other matters as the Secretary identifies
for purposes of the assessment.
(2) Such recommendations for administrative and legislative
action as the Secretary considers appropriate in light of the
report.
(c) Facility of the Department Defined.--In this section, the term
``facility of the Department'' has the meaning given that term in
section 1701 of title 38, United States Code.
SEC. 102. INDEPENDENT STUDY ON HEALTH CONSEQUENCES OF WOMEN VETERANS OF
MILITARY SERVICE IN OPERATION IRAQI FREEDOM AND OPERATION
ENDURING FREEDOM.
(a) Study Required.--The Secretary of Veterans Affairs shall enter
into an agreement with a non-Department of Veterans Affairs entity for
the purpose of conducting a study on health consequences for women
veterans of service on active duty in the Armed Forces in deployment in
Operation Iraqi Freedom and Operation Enduring Freedom.
(b) Specific Matters Studied.--The study under subsection (a) shall
include the following:
(1) A determination of any association of environmental and
occupational exposures and combat in Operation Iraqi Freedom or
Operation Enduring Freedom with the general health, mental
health, or reproductive health of women who served on active
duty in the Armed Forces in Operation Iraqi Freedom or
Operation Enduring Freedom.
(2) A review and analysis of published literature on
environmental and occupational exposures of women while serving
in the Armed Forces, including combat trauma, military sexual
trauma, and exposure to potential teratogens associated with
reproductive problems and birth defects.
(c) Report.--
(1) In general.--Not later than 18 months after entering
into the agreement for the study under subsection (a), the
entity described in subsection (a) shall submit to the
Secretary of Veterans Affairs and to Congress a report on the
study containing such findings and determinations as the entity
considers appropriate.
(2) Responsive report.--Not later than 90 days after the
receipt of the report under paragraph (1), the Secretary shall
submit to Congress a report setting forth the response of the
Secretary to the findings and determinations of the entity
described in subsection (a) in the report under paragraph (1).
SEC. 103. REPORT ON FULL-TIME PROGRAM MANAGERS FOR WOMEN VETERANS
PROGRAMS AT MEDICAL CENTERS.
The Secretary of Veterans Affairs shall, acting through the Under
Secretary for Health, submit to Congress a report on employment of
full-time managers for women veterans programs at Department of
Veterans Affairs medical centers to ensure that health care needs of
women veterans at such medical centers are met. The report shall
include an assessment of whether there is at least one full-time
employee at each Department medical center who is a full-time women
veterans programs manager.
TITLE II--IMPROVEMENT AND EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE PROGRAMS FOR WOMEN VETERANS
SEC. 201. PLAN TO IMPROVE PROVISION OF HEALTH CARE SERVICES TO WOMEN
VETERANS.
(a) Plan To Improve Services.--
(1) In general.--The Secretary of Veterans Affairs shall
develop a plan--
(A) to improve the provision of health care
services to women veterans; and
(B) to plan appropriately for the future health
care needs, including mental health care needs, of
women serving on active duty in the Armed Forces in the
combat theaters of Operation Iraqi Freedom and
Operation Enduring Freedom.
(2) Required actions.--In developing the plan required by
this subsection, the Secretary shall--
(A) identify the types of health care services to
be available to women veterans at each Department of
Veterans Affairs medical center; and
(B) identify the personnel and other resources
required to provide such services to women veterans
under the plan at each such medical center.
(b) Submittal of Plan to Congress.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives the plan required by
this section, together with such recommendations for administrative and
legislative action as the Secretary considers appropriate in light of
the plan.
SEC. 202. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE PROVIDERS
ON CARE FOR VETERANS SUFFERING FROM SEXUAL TRAUMA.
(a) Program Required.--Section 1720D of title 38, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d)(1) The Secretary shall carry out a program of education,
training, certification, and continuing medical education for mental
health professionals to specialize in the provision of counseling and
care to veterans eligible for services under subsection (a). In
carrying out the program, the Secretary shall ensure that all such
mental health professionals have been trained in a consistent manner
and that such training includes principles of evidence-based treatment
and care for sexual trauma.
``(2) The Secretary shall determine the minimum qualifications
necessary for mental health professionals certified by the program
under paragraph (1) to provide evidence-based treatment and care to
veterans eligible for services under subsection (a) in facilities of
the Department.
``(e) The Secretary shall submit to Congress each year a report on
the counseling, care, and services provided to veterans under this
section. Each report shall include data for the preceding year with
respect to the following:
``(1) The number of mental health professionals and primary
care providers who have been certified under the program under
subsection (d), and the amount and nature of continuing medical
education provided under such program to professionals and
providers who have been so certified.
``(2) The number of women veterans who received counseling,
care, and services under subsection (a) from professionals and
providers who have been trained or certified under the program
under subsection (d).
``(3) The number of training, certification, and continuing
medical education programs operating under subsection (d).
``(4) The number of trained full-time equivalent employees
required in each facility of the Department to meet the needs
of veterans requiring treatment and care for sexual trauma.
``(5) Such other information as the Secretary considers
appropriate.''.
(b) Standards for Personnel Providing Treatment for Sexual
Trauma.--The Secretary of Veterans Affairs shall establish standards on
education, training, certification, and staffing for Department of
Veterans Affairs health care facilities for full-time equivalent
employees who are trained to provide treatment and care to veterans for
sexual trauma.
SEC. 203. PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS FOR WOMEN
VETERANS NEWLY SEPARATED FROM SERVICE IN THE ARMED
FORCES.
(a) Pilot Program Required.--
(1) In general.--Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out, through the Readjustment
Counseling Service of the Veterans Health Administration, a
pilot program to evaluate the feasibility and advisability of
providing reintegration and readjustment services described in
subsection (b) in group retreat settings to women veterans who
are recently separated from service in the Armed Forces after a
prolonged deployment.
(2) Participation at election of veteran.--The
participation of a veteran in the pilot program shall be at the
election of the veteran.
(b) Covered Services.--The services provided to a woman veteran
under the pilot program shall include the following:
(1) Information on reintegration into the veteran's family,
employment, and community.
(2) Financial counseling.
(3) Occupational counseling.
(4) Information and counseling on stress reduction.
(5) Information and counseling on conflict resolution.
(6) Such other information and counseling as the Secretary
considers appropriate to assist a woman veteran under the pilot
program in reintegration into the veteran's family and
community.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(d) Duration.--The pilot program shall be carried out during the
two-year period beginning on the date of the commencement of the pilot
program.
(e) Report.--Not later than 180 days after the completion of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall contain the findings and conclusions of
the Secretary as a result of the pilot program and shall include such
recommendations for the continuation or expansion of the pilot program
as the Secretary considers appropriate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs for each of fiscal
years 2010 and 2011, $2,000,000 to carry out the pilot program.
SEC. 204. SERVICE ON CERTAIN ADVISORY COMMITTEES OF WOMEN RECENTLY
SEPARATED FROM SERVICE IN THE ARMED FORCES.
(a) Advisory Committee on Women Veterans.--Section 542(a)(2)(A) of
title 38, United States Code, is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) women veterans who are recently separated from
service in the Armed Forces.''.
(b) Advisory Committee on Minority Veterans.--Section 544(a)(2)(A)
of such title is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (iv) the following new
clause:
``(v) women veterans who are minority group members and are
recently separated from service in the Armed Forces.''.
(c) Effective Date.--The amendments made by this section shall
apply to appointments made on or after the date of the enactment of
this Act.
SEC. 205. PILOT PROGRAM ON SUBSIDIES FOR CHILD CARE FOR CERTAIN
VETERANS RECEIVING HEALTH CARE.
(a) Pilot Program Required.--The Secretary of Veterans Affairs
shall carry out a pilot program to assess the feasibility and
advisability of providing, subject to subsection (b), subsidies to
qualified veterans described in subsection (c) to obtain child care so
that such veterans can receive health care services described in
subsection (c).
(b) Limitation on Period of Payments.--A subsidy may only be
provided to a qualified veteran under the pilot program for receipt of
child care during the period that the qualified veteran--
(1) receives the types of health care services described in
subsection (c) at a facility of the Department; and
(2) requires to travel to and return from such facility for
the receipt of such health care services.
(c) Qualified Veterans.--In this section, the term ``qualified
veteran'' means a veteran who is the primary caretaker of a child or
children and who is receiving from the Department one or more of the
following health care services:
(1) Regular mental health care services.
(2) Intensive mental health care services.
(3) Such other intensive health care services that the
Secretary determines that payment to the veteran for the
provision of child care would improve access to those health
care services by the veteran.
(d) Locations.--The Secretary shall carry out the pilot program in
not fewer than three Veterans Integrated Service Networks (VISNs)
selected by the Secretary for purposes of the pilot program.
(e) Duration.--The pilot program shall be carried out during the
two-year period beginning on the date of the commencement of the pilot
program.
(f) Existing Model.--To the extent practicable, the Secretary shall
model the pilot program after the Department of Veterans Affairs Child
Care Subsidy Program established pursuant to section 630 of the
Treasury and General Government Appropriations Act, 2002 (Public Law
107-67; 115 Stat. 552), using the same income eligibility standards and
payment structure.
(g) Report.--Not later than six months after the completion of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall include the findings and conclusions of
the Secretary as a result of the pilot program and shall include such
recommendations for the continuation or expansion of the pilot program
as the Secretary considers appropriate.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs for each of fiscal
years 2010 and 2011, $1,500,000 to carry out the pilot program.
SEC. 206. CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING
MATERNITY CARE.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1786. Care for newborn children of women veterans receiving
maternity care
``(a) In General.--The Secretary may furnish health care services
described in subsection (b) to a newborn child of a woman veteran who
is receiving maternity care furnished by the Department for not more
than seven days after the birth of the child if the veteran delivered
the child in--
``(1) a facility of the Department; or
``(2) another facility pursuant to a Department contract
for services relating to such delivery.
``(b) Covered Health Care Services.--Health care services described
in this subsection are all post-delivery care services, including
routine care services, that a newborn requires.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 17 is amended by inserting after the item relating to
section 1785 the following new item:
``1786. Care for newborn children of women veterans receiving maternity
care.''. | Women Veterans Health Care Improvement Act of 2009 - Directs the Secretary of Veterans Affairs to: (1) report on barriers to the receipt of comprehensive health care through the Department of Veterans Affairs (VA) encountered by women veterans, especially those of Operations Iraqi Freedom and Enduring Freedom; (2) provide for an independent study on health consequences for women veterans serving on active duty in deployments in such Operations; and (3) report on the employment of full-time managers for women veterans programs at VA medical centers.
Requires the Secretary to: (1) develop a plan to improve the provision of VA health care services to women veterans; (2) carry out a program of education, training, certification, and continuing medical education for mental health professionals providing care for veterans suffering from sexual trauma; (3) carry out a pilot program of providing reintegration and readjustment services in group retreat settings to women veterans recently separated from service after a prolonged deployment; and (4) carry out a pilot program on subsidies for child care for certain women veterans receiving health care from VA facilities.
Requires women veterans recently separated from service to be included on the Advisory Committee on Women Veterans and the Advisory Committee on Minority Veterans.
Authorizes the Secretary to furnish care to a newborn child of a woman veteran receiving VA maternity care for up to seven days after the birth of the child. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Offices of Rural Health
Reauthorization Act of 2018''.
SEC. 2. STATE OFFICES OF RURAL HEALTH.
Section 338J of the Public Health Service Act (42 U.S.C. 254r) is
amended to read as follows:
``SEC. 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH.
``(a) In General.--The Secretary, acting through the Director of
the Federal Office of Rural Health Policy (established under section
711 of the Social Security Act), shall make grants to each State Office
of Rural Health for the purpose of improving health care in rural
areas.
``(b) Requirement of Matching Funds.--
``(1) In general.--Subject to paragraph (2), the Secretary may
not make a grant under subsection (a) unless the State office of
rural health involved agrees, with respect to the costs to be
incurred in carrying out the purpose described in such subsection,
to provide non-Federal contributions toward such costs in an amount
equal to $3 for each $1 of Federal funds provided in the grant.
``(2) Waiver or reduction.--The Secretary may waive or reduce
the non-Federal contribution if the Secretary determines that
requiring matching funds would limit the State office of rural
health's ability to carry out the purpose described in subsection
(a).
``(3) Determination of amount of non-federal contribution.--
Non-Federal contributions required in paragraph (1) may be in cash
or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal contributions.
``(c) Certain Required Activities.--Recipients of a grant under
subsection (a) shall use the grant funds for purposes of--
``(1) maintaining within the State office of rural health a
clearinghouse for collecting and disseminating information on--
``(A) rural health care issues;
``(B) research findings relating to rural health care; and
``(C) innovative approaches to the delivery of health care
in rural areas;
``(2) coordinating the activities carried out in the State that
relate to rural health care, including providing coordination for
the purpose of avoiding redundancy in such activities; and
``(3) identifying Federal and State programs regarding rural
health, and providing technical assistance to public and nonprofit
private entities regarding participation in such programs.
``(d) Requirement Regarding Annual Budget for Office.--The
Secretary may not make a grant under subsection (a) unless the State
involved agrees that, for any fiscal year for which the State office of
rural health receives such a grant, the office operated pursuant to
subsection (a) of this section will be provided with an annual budget
of not less than $150,000.
``(e) Certain Uses of Funds.--
``(1) Restrictions.--The Secretary may not make a grant under
subsection (a) unless the State office of rural health involved
agrees that the grant will not be expended--
``(A) to provide health care (including providing cash
payments regarding such care);
``(B) to conduct activities for which Federal funds are
expended--
``(i) within the State to provide technical and other
nonfinancial assistance under section 330A(f);
``(ii) under a memorandum of agreement entered into
with the State office of rural health under section
330A(h); or
``(iii) under a grant under section 338I;
``(C) to purchase medical equipment, to purchase
ambulances, aircraft, or other vehicles, or to purchase major
communications equipment;
``(D) to purchase or improve real property; or
``(E) to carry out any activity regarding a certificate of
need.
``(2) Authorities.--Activities for which a State office of
rural health may expend a grant under subsection (a) include--
``(A) paying the costs of maintaining an office of rural
health for purposes of subsection (a);
``(B) subject to paragraph (1)(B)(iii), paying the costs of
any activity carried out with respect to recruiting and
retaining health professionals to serve in rural areas of the
State; and
``(C) providing grants and contracts to public and
nonprofit private entities to carry out activities authorized
in this section.
``(3) Limit on indirect costs.--The Secretary may impose a
limit of no more than 15 percent on indirect costs claimed by the
recipient of the grant.
``(f) Reports.--The Secretary may not make a grant under subsection
(a) unless the State office of rural health involved agrees--
``(1) to submit to the Secretary reports or performance data
containing such information as the Secretary may require regarding
activities carried out under this section; and
``(2) to submit such a report or performance data not later
than September 30 of each fiscal year immediately following any
fiscal year for which the State office of rural health has received
such a grant.
``(g) Requirement of Application.--The Secretary may not make a
grant under subsection (a) unless an application for the grant is
submitted to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to carry out
such subsection.
``(h) Noncompliance.--The Secretary may not make payments under
subsection (a) to a State office of rural health for any fiscal year
subsequent to the first fiscal year of such payments unless the
Secretary determines that, for the immediately preceding fiscal year,
the State office of rural health has complied with each of the
agreements made by the State office of rural health under this section.
``(i) Authorization of Appropriations.--
``(1) In general.--For the purpose of making grants under
subsection (a), there are authorized to be appropriated $12,500,000
for each of fiscal years 2018 through 2022.
``(2) Availability.--Amounts appropriated under paragraph (1)
shall remain available until expended.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | State Offices of Rural Health Reauthorization Act of 2018 This bill amends the Public Health Service Act to reauthorize through FY2022 and revise the grant program for state offices of rural health, including to require the Department of Health and Human Services (HHS) to make the grants, thus removing HHS's discretion to make them. | billsum_train |
Change the following text into a summary: SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Lyme disease is a common but frequently misunderstood
illness that, if not caught early and treated properly, can
cause serious health problems.
(2) Lyme disease is a bacterial infection that is
transmitted by a tick bite. Early signs of infection may
include a rash and flu-like symptoms such as fever, muscle
aches, headaches, and fatigue.
(3) Although Lyme disease can be treated with antibiotics
if caught early, the disease often goes undetected because it
mimics other illnesses or may be misdiagnosed. Untreated, Lyme
disease can lead to severe heart, neurological, eye, and joint
problems because the bacteria can affect many different organs
and organ systems.
(4) If an individual with Lyme disease does not receive
treatment, such individual can develop severe heart,
neurological, eye, and joint problems.
(5) Although Lyme disease accounts for 90 percent of all
vector-borne infections in the United States, the ticks that
spread Lyme disease also spread other disorders, such as
ehrlichiosis, babesiosis, and other strains of Borrelia. All of
these diseases in 1 patient makes diagnosis and treatment more
difficult.
(6) Although tick-borne disease cases have been reported in
49 States and the District of Columbia, about 90 percent of the
15,000 cases have been reported in the following 10 States:
Connecticut, Pennsylvania, New York, New Jersey, Rhode Island,
Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin.
Studies have shown that the actual number of tick-borne disease
cases are approximately 10 times the amount reported due to
poor surveillance of the disease.
(7) Persistence of symptomatology in many patients without
reliable testing makes treatment of patients more difficult.
SEC. 2. ESTABLISHMENT OF A TICK-BORNE DISORDERS ADVISORY COMMITTEE.
(a) Establishment of Committee.--Not later than 180 days after the
date of enactment of this Act, there shall be established an advisory
committee to be known as the Tick-Borne Disorders Advisory Committee
(referred to in this Act as the ``Committee'') organized in the Office
of the Secretary.
(b) Duties.--The Committee shall advise the Secretary and Assistant
Secretary of Health regarding how to--
(1) assure interagency coordination and communication and
minimize overlap regarding efforts to address tick-borne
disorders;
(2) identify opportunities to coordinate efforts with other
Federal agencies and private organizations addressing tick-
borne disorders; and
(3) develop informed responses to constituency groups
regarding the Department of Health and Human Services' efforts
and progress.
(c) Membership.--
(1) Appointed members.--
(A) In general.--The Secretary of Health and Human
Services shall appoint voting members to the Committee
from among the following member groups:
(i) Scientific community members.
(ii) Representatives of tick-borne disorder
voluntary organizations.
(iii) Health care providers.
(iv) Patient representatives who are
individuals who have been diagnosed with tick-
borne illnesses or who have had an immediate
family member diagnosed with such illness.
(v) Representatives of State and local
health departments and national organizations
who represent State and local health
professionals.
(B) Requirement.--The Secretary shall ensure that
an equal number of individuals are appointed to the
Committee from each of the member groups described in
clauses (i) through (v) of subparagraph (A).
(2) Ex officio members.--The Committee shall have nonvoting
ex officio members determined appropriate by the Secretary.
(d) Co-chairpersons.--The Assistant Secretary of Health shall serve
as the co-chairperson of the Committee with a public co-chairperson
chosen by the members described under subsection (c). The public co-
chairperson shall serve a 2-year term and retain all voting rights.
(e) Term of Appointment.--All members shall be appointed to serve
on the Committee for 4 year terms.
(f) Vacancy.--If there is a vacancy on the Committee, such position
shall be filled in the same manner as the original appointment. Any
member appointed to fill a vacancy for an unexpired term shall be
appointed for the remainder of that term. Members may serve after the
expiration of their terms until their successors have taken office.
(g) Meetings.--The Committee shall hold public meetings, except as
otherwise determined by the Secretary, giving notice to the public of
such, and meet at least twice a year with additional meetings subject
to the call of the co-chairpersons. Agenda items can be added at the
request of the Committee members, as well as the co-chairpersons.
Meetings shall be conducted, and records of the proceedings kept as
required by applicable laws and Departmental regulations.
(h) Reports.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report on the activities carried out
under this Act.
(2) Content.--Such reports shall describe--
(A) progress in the development of accurate
diagnostic tools that are more useful in the clinical
setting; and
(B) the promotion of public awareness and physician
education initiatives to improve the knowledge of
health care providers and the public regarding clinical
and surveillance practices for Lyme disease and other
tick-borne disorders.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act, $250,000 for each of fiscal years
2003 and 2004. Amounts appropriated under this subsection shall be used
for the expenses and per diem costs incurred by the Committee under
this section in accordance with the Federal Advisory Committee Act (5
U.S.C. App.), except that no voting member of the Committee shall be a
permanent salaried employee.
SEC. 3. AUTHORIZATION FOR RESEARCH FUNDING.
There are authorized to be appropriated $10,000,000 for each of
fiscal years 2003 through 2007 to provide for research and educational
activities concerning Lyme disease and other tick-borne disorders, and
to carry out efforts to prevent Lyme disease and other tick-borne
disorders.
SEC. 4. GOALS.
It is the sense of the Senate that, in carrying out this Act, the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary''), acting as appropriate in consultation with the
Director of the Centers for Disease Control and Prevention, the
Director of the National Institutes of Health, the Committee, and other
agencies, should consider carrying out the following:
(1) Five-year plan.--It is the sense of the Senate that the
Secretary should consider the establishment of a plan that, for
the five fiscal years following the date of the enactment of
this Act, provides for the activities to be carried out during
such fiscal years toward achieving the goals under paragraphs
(2) through (4). The plan should, as appropriate to such goals,
provide for the coordination of programs and activities
regarding Lyme disease and other tick-borne disorders that are
conducted or supported by the Federal Government.
(2) First goal: diagnostic test.--The goal described in
this paragraph is to develop a diagnostic test for Lyme disease
and other tick-borne disorders for use in clinical testing.
(3) Second goal: surveillance and reporting of lyme disease
and other tick-borne disorders.--The goal described in this
paragraph is to accurately determine the prevalence of Lyme
disease and other tick-borne disorders in the United States.
(4) Third goal: prevention of lyme disease and other tick-
borne disorders.--The goal described in this paragraph is to
develop the capabilities at the Department of Health and Human
Services to design and implement improved strategies for the
prevention and control of Lyme disease and other tick-borne
diseases. Such diseases may include Masters' disease,
ehrlichiosis, babesiosis, other bacterial, viral and
rickettsial diseases such as tularemia, tick-borne
encephalitis, Rocky Mountain Spotted Fever, and bartonella,
respectively.
Passed the Senate October 17, 2002.
Attest:
JERI THOMSON,
Secretary. | (Sec. 2) Establishes the Tick-Borne Disorders Advisory Committee in the Office of the Secretary of Health and Human Services (HHS). Directs the Committee to advise the Secretary and the Assistant Secretary of HHS regarding how to: (1) assure interagency coordination and communication in efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations; and (3) develop informed responses to constituency groups regarding HHS' efforts and progress.Authorizes appropriations for FY 2003 and 2004 to fund the Committee in accordance with the Federal Advisory Committee Act.(Sec. 3) Authorizes appropriations for FY 2003 through 2007 for: (1) research and educational activities concerning Lyme disease and other tick-borne disorders; and (2) efforts to prevent such illnesses.Expresses the sense of the Senate that to achieve the goals of this Act, the Secretary, acting with appropriate consultation, should consider carrying out a five-year plan providing for the coordination of programs and activities.(Sec. 4) States as goals: (1) the development of a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing; (2) the determination of the prevalence of such diseases in the United States; and (3) the development of the capability at HHS to design and implement improved strategies for the prevention and control of such diseases. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aeronautics and Space Prize Act''.
SEC. 2. NATIONAL ENDOWMENT FOR AERONAUTICS AND SPACE.
(a) Establishment.--There is established a National Endowment for
Aeronautics and Space (referred to in this Act as the ``Endowment'').
(b) Purposes.--The purposes of the Endowment are--
(1) to execute a program awarding cash prizes in
recognition of outstanding private sector achievements in
basic, advanced, and applied research, technology development,
and prototype demonstration that have the potential for
application to the Nation's aeronautics and space endeavors
within the National Aeronautics and Space Administration
(referred to in this Act as ``NASA'') and other governmental
agencies as well as private entities in the United States;
(2) with the advice of NASA and other agencies as
appropriate, to carry out a program for tasteful advertising of
commercial products and services in conjunction with the
Nation's aeronautics and space endeavors in conjunction with
NASA, other agencies involved in aeronautics and space, or
independently; and
(3) to encourage private gifts of real and personal
property or any income therefrom or other interest therein for
the benefit of, or in connection with, the Nation's aeronautics
and space endeavors in NASA as well as other governmental
agencies and private entities involved in aeronautics and space
in the United States.
(c) Authority of the Endowment.--In carrying out the purposes
specified in subsection (b), the endowment is authorized--
(1) to make, promulgate, issue, rescind, and amend rules
and regulations governing the manner of its operations and the
exercise of the powers vested in it by law;
(2) to appoint and fix the compensation of such officers
and employees as may be necessary to carry out the purposes
specified in subsection (b), in accordance with civil service
laws; and
(3) to appoint such advisory committees as may be
appropriate for purposes of consultation and advice to the
Endowment.
(d) Powers of the Endowment.--
(1) Contract.--The Endowment, with the advice of NASA and
other agencies as appropriate, shall have the power to enter
into contracts or grants, to execute instruments, and generally
to do any and all lawful acts necessary or appropriate
consistent with the purposes of the Endowment specified in
subsection (b).
(2) Payment.--Neither NASA, other agencies, private sector
entities, nor any employee thereof, except as specified in this
Act, is authorized to accept funds from the Endowment.
(3) Coordination.--In order to carry out its functions
under this Act, the Endowment may utilize the services and
facilities of NASA and other Federal agencies, and such
services and facilities may be made available on request to the
extent practicable without reimbursement therefor.
(e) Gifts; Devises; Bequests.--
(1) In general.--Except as provided in paragraph (2), the
Endowment may accept, receive, solicit, hold, administer, and
use any gifts, devises, or bequests, either absolutely or in
trust, of real or personal property or any income therefrom or
other interest therein for the benefit of or in connection with
the Nation's aeronautics and space endeavors within NASA as
well as other governmental agencies within the United States,
including a gift, devise, or bequest that is encumbered,
restricted, or subject to beneficial interests of private
persons if any current or future interest therein is for the
benefit of the Nation's aeronautics and space endeavors within
NASA as well as other governmental agencies involved in
aeronautics and space within the United States. For purposes of
this paragraph, an interest in real property includes easements
or other rights for preservation, conservation, protection, or
enhancement by and for the public of natural, scenic, historic,
scientific, educational, inspirational, or recreational
resources.
(2) Limitation.--The Endowment may not accept a gift,
devise, or bequest which entails any expenditure other than
from the resources of the Endowment.
(3) Property of the united states.--Gifts and other
transfers made to or for the use of the Endowment shall be
regarded as contributions, gifts, or transfers to or for the
use of the United States.
(f) Reporting.--Promptly at the end of each fiscal year, the
Endowment shall transmit to Congress an annual report of its
proceedings and activities, including a full and complete statement of
its receipts, expenditures, and investments.
(g) Chairperson of the Endowment.--
(1) In general.--The Endowment shall be headed by a
Chairperson, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Responsibilities.--Under the supervision and direction
of the President, the Chairperson shall be responsible for the
exercise of all powers and the discharge of all duties of the
Endowment, and shall have authority and control over all
personnel and activities thereof. The Chairperson shall not
engage in any other business, vocation, or employment while
serving as such.
(3) Terms.--The Chairperson shall serve for a term of 4
years and shall be eligible for reappointment. Upon expiration
of the Chairperson's term of office the Chairperson shall serve
until the Chairperson's successor shall be appointed.
(4) Duties.--The Chairperson shall correlate the programs
of the Endowment, insofar as practicable, with existing
programs of Federal, State, regional, or private groups, and
shall develop the programs of the Endowment with due regard to
the contribution to the objectives of this Act which can be
made by other Federal agencies under existing programs. The
Chairperson may enter into interagency agreements to promote or
assist the aeronautics and space activities of other Federal
agencies on a reimbursable or nonreimbursable basis, and may
use funds authorized to be appropriated for the purposes of
subsection (b) for the costs of such activities.
SEC. 3. NATIONAL ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES PRIZE
AWARD PROGRAM.
(a) In General.--The Endowment shall carry out the program
described in section 2(b)(1).
(b) Competition Requirements.--The Endowment shall--
(1) widely advertise prize competitions and use a
competitive process for the selection of recipients of prizes
under this section; and
(2) make a determination, with the advice of NASA and other
governmental agencies as appropriate, prior to the
advertisement required under paragraph (1) if an individual
prize might have benefits for the Nation's aeronautics and
space endeavors within NASA as well as other governmental
agencies and private entities involved in aeronautics and space
in the United States.
(c) Registration.--
(1) In general.--The Endowment shall require potential
recipients of prizes to register for any prize competition
under the program established under this section, and, as part
of the registration process, to assume any and all risks and
waive claims against the United States Government and its
related entities for any injury, death, damage, or loss of
property or revenue or profits, whether direct, indirect, or
consequential, arising from their participation in a
competition, whether such injury, death, damage, or loss arises
through negligence or otherwise, except in the case of willful
misconduct.
(2) Related entity.--For purposes of this subsection, the
term ``related entity'' includes a contractor or subcontractor
at any tier, and a supplier, user, customer, cooperating party,
grantee, investigator, or detailee.
(d) Limitations.--The following limitations apply:
(1) The total amount of cash prizes budgeted in a fiscal
year shall not exceed $150,000,000.
(2) No prize competition shall result in the award of more
than $50,000 in cash prizes without the approval of the
Chairperson or the Chairperson's designee.
(e) Availability of Funds.--Funds appropriated for the program
authorized by this section shall remain available until expended for a
maximum of 4 years.
(f) Report.--The Endowment shall transmit to the Committee on
Appropriations and the Committee on Commerce, Science, and
Transportation of the Senate, and to the Committee on Appropriations
and the Committee on Science and Technology of the House of
Representatives, a report on the administration of the program under
this section for each fiscal year. The report shall include--
(1) the aeronautics and space applications for which cash
prizes were awarded;
(2) the total amount of the cash prizes awarded; and
(3) the methods used for solicitation and evaluation of
submissions, together with an assessment of the effectiveness
of those methods.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Aeronautics and Space Prize Act - Establishes a National Endowment for Space and Aeronautics, to be headed by a Chairperson appointed by the President, to: (1) execute a program to award cash prizes for outstanding private sector achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have the potential for application to the nation's aeronautics and space endeavors within the National Aeronautics and Space Administration (NASA) and other governmental agencies as well as private entities in the United States; (2) with the advice of NASA and other agencies as appropriate, carry out advertising of commercial products and services in conjunction with such endeavors with NASA, other agencies involved in aeronautics and space, or independently; and (3) encourage private gifts for the benefit of, or in connection with, such endeavors in NASA as well as other governmental agencies and private entities involved in aeronautics and space in the United States.
Requires the Endowment annually to report to Congress.
Authorizes the Endowment to carry out a National Advanced Space and Aeronautical Technologies Prize Award Program as described above. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 1999''.
SEC. 2. PURPOSE.
It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.
SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
LEGISLATION IS ENACTED.
(a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
``(1) In general.--Until there is both a social security
solvency certification and a Medicare solvency certification,
it shall not be in order in the House of Representatives or the
Senate to consider--
``(A) any concurrent resolution on the budget, or
conference report thereon or amendment thereto, that
would use any portion of the baseline budget surpluses,
or
``(B) any bill, joint resolution, amendment,
motion, or conference report if--
``(i) the enactment of that bill or
resolution as reported,
``(ii) the adoption and enactment of that
amendment, or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would use any portion of the baseline budget surpluses.
``(2) Baseline budget surpluses.--
``(A) In general.--For purposes of this subsection,
the term `baseline budget surplus' means the sum of the
on- and off-budget surpluses contained in the most
recent baseline budget projections made by the
Congressional Budget Office at the beginning of the
annual budget cycle and no later than the month of
March.
``(B) Baseline budget projection.--For purposes of
subparagraph (A), the term `baseline budget projection'
means the projection described in section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 of current year levels of outlays, receipts, and
the surplus or deficit into the budget year and future
years; except that outlays for programs subject to
discretionary appropriations shall be projected at the
lesser of any applicable statutory discretionary limits
or the baseline level otherwise defined in such section
257. For purposes of this subsection, the baseline
budget projection shall include both on-budget and off-
budget outlays and receipts.
``(3) Use of portion of the baseline budget surpluses.--For
purposes of this subsection, a portion of the baseline budget
surpluses is used if, relative to the baseline budget
projection--
``(A) in the case of legislation affecting
revenues, any net reduction in revenues in the current
year or the budget year, or over the 5 or 10-year
estimating periods beginning with the budget year, is
not offset by reductions in direct spending,
``(B) in the case of legislation affecting direct
spending, any net increase in direct spending in the
current year or the budget year, or over such 5 or 10-
year periods, is not offset by increases in revenues,
and
``(C) in the case of an appropriations bill, there
is a net increase in discretionary outlays in the
current year or the budget year when the discretionary
outlays from such bill are added to the discretionary
outlays from all previously enacted appropriations
bills.
``(4) Social security solvency certification.--For purposes
of this subsection, the term `social security solvency
certification' means a certification by the Board of Trustees
of the Social Security Trust Funds that the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are, taken together, in actuarial balance
for the 75-year period utilized in the most recent annual
report of such Board of Trustees pursuant to section 201(c)(2)
of the Social Security Act (42 U.S.C. 401(c)(2)).
``(5) Medicare solvency certification.--For purposes of
this subsection, the term `Medicare solvency certification'
means a certification by the Board of Trustees of the Federal
Hospital Insurance Trust Fund that such Trust Fund is in
actuarial balance for the 30-year period utilized in the most
recent annual report of such Board of Trustees pursuant to
section 1817(b) of the Social Security Act.''
(b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2000 and
subsequent fiscal years. | Social Security and Medicare Lock-box Act of 1999 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security solvency certification and a Medicare solvency certification, to consider any concurrent budget resolution (or related conference report or amendment) that would use any portion of the baseline budget surpluses or any bill, joint resolution, amendment, motion, or conference report if the enactment of such legislation or amendment (or enactment of legislation in the form recommended in the conference report) would use any portion of such surpluses.
Defines: (1) "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March; (2) "social security solvency certification" as a certification by the Board of Trustees of the social security trust funds that the Federal Old-Age and Survivors and Disability Insurance Trust Funds are, taken together, in actuarial balance for the 75-year period utilized in a specified Board of Trustees annual report; and (3) "Medicare solvency certification" as a certification by the Board of Trustees of the Federal Hospital Insurance Fund that such fund is in actuarial balance for the 30-year period utilized in a specified Board of Trustees annual report.
Declares that a portion of such surpluses is used if, relative to the baseline budget projection in the case of: (1) legislation affecting revenues, any net reduction in revenues in the current or budget year, or over the five or ten-year estimating periods beginning with the budget year, is not offset by reductions in direct spending; (2) legislation affecting direct spending, any net increase in such spending in the current or budget year, or over such five or ten-year periods, is not offset by increases in revenues; and (3) an appropriations bill, there is a net increase in discretionary outlays in the current or budget year when the discretionary outlays from such bill are added to the outlays from all previously enacted appropriations bills.
Waives or suspends the point of order provided in this Act in the Senate only by an affirmative vote of three-fifths of the Members. Requires the same majority to sustain an appeal of a ruling of the Chair on such point of order. | billsum_train |
Change the following text into a summary: SECTION 1. DECLARATION OF POLICY.
It is the policy of the United States to end the needless maiming
and suffering inflicted upon animals through the use of steel-jawed
leghold traps by prohibiting the import or export of, and the shipment
in interstate commerce of, such traps and of articles of fur from
animals that were trapped in such traps.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``article of fur'' means--
(A) any furskin, whether raw or tanned or dressed;
or
(B) any article, however produced, that consists in
whole or part of any furskin.
For purposes of subparagraph (A), the terms ``furskin'',
``raw'', and ``tanned or dressed'' have the same respective
meanings as those terms have under headnote 1 of chapter 43 of
the Harmonized Tariff Schedule of the United States.
(2) The term ``interstate commerce'' shall have the same
meaning as that given to such term in section 10 of title 18,
United States Code.
(3) The term ``import'' means to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an entry into the customs territory of
the United States.
(4) The term ``person'' includes any individual,
partnership, association, corporation, trust, or any officer,
employee, agent, department, or instrumentality of the Federal
Government or of any State or political subdivision thereof, or
any other entity subject to the jurisdiction of the United
States.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``conventional steel-jawed leghold trap''
means any spring-powered pan- or sear-activated device with two
opposing steel jaws, whether the jaws are smooth, toothed,
padded, or offset, which is designed to capture an animal by
snapping closed upon the animal's limb or part thereof.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) Prohibition.--No article of fur shall be imported, exported, or
shipped in interstate commerce if any part or portion of such article
is derived from an animal that was trapped in a conventional steel-
jawed leghold trap.
(b) Offenses.--It is unlawful for any person knowingly--
(1) to import, export, ship, or receive any article of fur
in contravention of subsection (a);
(2) to import, export, deliver, carry, transport, or ship
by any means whatever, in interstate commerce, any conventional
steel-jawed leghold trap;
(3) to sell, receive, acquire, or purchase any conventional
steel-jawed leghold trap that was delivered, carried,
transported, or shipped in contravention of paragraph (2); or
(4) to violate any regulation prescribed by the Secretary
under this section.
(c) Penalties.--Any person who knowingly commits an act which
violates subsection (a) or (b), or any regulation issued under this
section, shall, in addition to any other penalty that may be imposed--
(1) for the first such violation, be guilty of an
infraction under title 18, United States Code; and
(2) for each subsequent violation, be imprisoned for not
more than two years, or fined in the amount set forth in title
18, United States Code, or both.
SEC. 4. REWARDS.
The Secretary shall pay, to any person who furnishes information
which leads to a conviction of a violation of any provision of this Act
or any regulation issued thereunder, an amount equal to one half of the
fine paid pursuant to the conviction. Any officer or employee of the
United States or of any State or local government who furnishes
information or renders service in the performance of his or her
official duties is not eligible for payment under this section.
SEC. 5. ENFORCEMENT.
(a) In General.--Except with respect to violations of this Act to
which subsection (b) applies, the provisions of this Act and any
regulations issued pursuant thereto shall be enforced by the Secretary,
who may utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal agency or any
State agency for purposes of enforcing this Act and such regulations.
(b) Export and Import Violations.--
(1) Import violations.--The importation of articles in
contravention of section 3 shall be treated as a violation of
the customs laws of the United States, and those provisions of
law relating to violations of the customs laws shall apply
thereto.
(2) Export violations.--The authorities under the Export
Administration Act of 1979 (including penalties) shall be used
to enforce the provisions of this Act relating to the export of
articles in contravention of section 3.
(c) Judicial Process.--The district courts of the United States
may, within their respective jurisdictions, upon proper oath or
affirmation showing probable cause, issue such warrants or other
process as may be required for enforcement of this Act and any
regulation issued thereunder.
(d) Enforcement Authorities.--Any individual having authority to
enforce this Act (except with respect to violations to which subsection
(b) applies), may, in exercising such authority--
(1) detain for inspection, search, and seize any package,
crate, or other container, including its contents, and all
accompanying documents, if such individual has reasonable cause
to suspect that in such package, crate, or other container are
articles with respect to which a violation of this Act (except
with respect to a violations to which subsection (b) applies)
has occurred, is occurring, or is about to occur;
(2) make arrests without a warrant for any violation of
this Act (except with respect to a violation to which
subsection (b) applies) committed in his or her presence or
view or if the individual has probable cause to believe that
the person to be arrested has committed or is committing such a
violation; and
(3) execute and serve any arrest warrant, search warrant,
or other warrant or criminal process issued by any judge or
magistrate of any court of competent jurisdiction for
enforcement of this Act (except with respect to violations to
which subsection (b) applies).
(e) Forfeiture.--Except with respect to exports to which the
provisions of the Export Administration Act of 1979 apply, and imports
to which the customs laws of the United States apply, pursuant to
subsection (b), any article of fur or conventional steel-jawed leghold
trap taken, possessed, sold, purchased, offered for sale or purchase,
imported, exported, transported, delivered, received, carried, or
shipped in violation of this Act or any regulation issued pursuant
thereto, shall be subject to forfeiture to the United States. Those
provisions of law relating to--
(1) the seizure, summary and judicial forfeiture, and
condemnation of property for violations of the customs laws,
(2) the disposition of such property or the proceeds from
the sale thereof,
(3) the remission or mitigation of such forfeitures, and
(4) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this subsection, insofar as
applicable and not inconsistent with this title; except that such
duties as are imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the customs
laws may be performed with respect to seizures and forfeitures of
property under this subsection by the Secretary or such officers and
employees as may be authorized or designated for that purpose by the
Secretary, or, upon the request of the Secretary, by any other agency
that has authority to manage and dispose of seized property.
(f) Injunctions.--The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation of any
provision of this Act or regulation issued under authority thereof.
(g) Cooperation.--The Secretary of Commerce, the Secretary of the
Treasury, and the head of any other department or agency with
enforcement responsibilities under this Act shall cooperate with the
Secretary in ensuring that this Act, and regulations issued thereunder,
are enforced in the most effective and efficient manner.
SEC. 6. REGULATIONS.
The Secretary shall prescribe such regulations as are necessary to
carry out this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect one year after the date of its
enactment. | Prohibits the import, export, or shipment in interstate commerce of conventional steel jawed leghold traps and of articles of fur derived from animals trapped in such traps.
Prescribes criminal penalties for violations of this Act.
Directs the Secretary of the Interior to reward informers (other than Government employees performing official duties) for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA In-Person Servicing Improvement
Act of 2013''.
SEC. 2. PILOT PROGRAM.
(a) Authority.--The Secretary of Housing and Urban Development
shall carry out a pilot program under this section to use the authority
under section 204(a)(2) of the National Housing Act (12 U.S.C.
1710(a)(2)) to make payments to a qualified entity or entities to
compensate for their costs of making in-person contact with mortgagors
whose payments under covered mortgages are more than 60 days past due,
for the purpose of--
(1) identifying mortgagors eligible for loan modifications
or refinances and providing packages to the mortgagee for such
purposes;
(2) identifying mortgagers not eligible for a loan
modification or refinance but willing to engage in pre-
foreclosure sales or deeds in lieu of foreclosure, and
providing information to the mortgagee in order to facilitate
such actions;
(3) identifying whether a home's current occupant is the
mortgagor or a renter, and if not occupied, taking steps to
locate and make contact with the mortgagor;
(4) providing information to the Secretary and the
mortgagee regarding the condition of the home, in order to
facilitate any actions needed to prevent the deterioration and
loss of value of the home and assist the Department more
generally in its asset management responsibilities; and
(5) providing all relevant information on mortgagors and
homes to the mortgagee on the loan and the Secretary in a
format, approved by the Secretary, which helps improve asset
management and maximize asset recovery of these delinquent
loans.
(b) Qualified Entities.--For purposes of this section, the term
``qualified entity'' means a single entity or a consortia or
partnership of entities that--
(1) have experience in carrying out the activities
identified in subsection (a);
(2) are not affiliated with the mortgagor under any of the
covered mortgages for which it is authorized to carry out
actions under the pilot program under this section; and
(3) comply with all relevant State and Federal laws.
(c) Selection of a Qualified Entity or Entities.--
(1) Scope.--The Secretary shall have the discretion to
select qualified entities to participate in the pilot program
under this section.
(2) Criteria.--Such selection shall be based on the
qualifications and experience of the entity or entities to
carry out the specific activities identified in subsection (a),
including the level of infrastructure capability in reporting
detailed information on the mortgage loan, underlying property,
and the mortgagor.
(3) Participating loans.--The Secretary shall make
available not less than 50,000 and not more than 100,000 loans
that meet the delinquency criteria of subsection (a) for this
pilot program.
(4) Timing.--The Secretary shall select the qualified
entity and entities and make available loans under the pilot
for their performance within 90 days of the enactment of the
Act.
(d) Payments.--Payments to the entity or entities selected to carry
out the pilot program under this section may be based on--
(1) a flat amount per covered mortgage;
(2) a performance success basis based on--
(A) completed packages; or
(B) completed loan modifications, pre-foreclosure
sales, and deeds in lieu of foreclosure; or
(3) a combination of the methods under paragraphs (1) and
(2).
(e) Prohibition on Fees.--Entities selected to participate in the
pilot program under this section may not charge any fees or require any
payments, directly or indirectly, from the mortgagor or the mortgagee
of a covered mortgage in connection any activities under the program.
(f) HUD Review and Reporting.--The Secretary shall publish periodic
updates on the status of the pilot program under this section,
commencing not later than 30 days after the completion of actions under
subsection (c)(1) and (c)(3), and thereafter not less often than every
90 until termination of the pilot program under subsection (h). Not
later than 60 days after termination of the pilot program, the
Secretary shall submit to the Congress and make publicly available a
final report on the pilot program, including information and analysis
of performance characteristics, which may include comparisons of
estimated asset recovery levels under the pilot program compared to
comparable loans not included in the pilot and loans that have gone
through loan sales.
(g) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered mortgage.--The term ``covered mortgage'' means
a mortgage on a 1- to 4-family residence insured under
subsection (b) or (k) of section 203, section 234(c), or 251 of
the National Housing Act (12 U.S.C. 1709 (b) or (k), 1715y(c),
1715z-16).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(h) Termination.--The Secretary may not make any payments under the
pilot program under this section to any qualified entity for any in-
person contact with a mortgagor that occurs after the expiration of the
24-month period beginning upon the completion of the actions under
subsection (c)(1) and (c)(3). | FHA In-Person Servicing Improvement Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) to carry out a pilot program to use authority under the National Housing Act to pay insurance benefits to compensate a mortgagee for any costs of taking loss mitigation actions providing an alternative to foreclosure of a mortgage in default or facing imminent default. Requires the Secretary to make payments to a qualified entity or entities to compensate for their costs of making in-person contact with mortgagors whose payments under covered mortgages are more than 60 days past due. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leave Ethanol Volumes at Existing
Levels Act'' or the ``LEVEL Act''.
SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM.
(a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)) is amended to read as follows:
``(1) Definitions.--In this section:
``(A) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol derived from
any lignocellulosic or hemicellulosic matter that is
available on a renewable or recurring basis,
including--
``(i) dedicated energy crops and trees;
``(ii) wood and wood residues;
``(iii) plants;
``(iv) grasses;
``(v) agricultural residues;
``(vi) fibers;
``(vii) animal wastes and other waste
materials; and
``(viii) municipal solid waste.
The term also includes any ethanol produced in
facilities where animal wastes or other waste materials
are digested or otherwise used to displace 90 percent
or more of the fossil fuel normally used in the
production of ethanol.
``(B) Waste derived ethanol.--The term `waste
derived ethanol' means ethanol derived from--
``(i) animal wastes, including poultry fats
and poultry wastes, and other waste materials;
or
``(ii) municipal solid waste.
``(C) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, vegetable, animal, or
fish materials including fats, greases,
and oils, sugarcane, sugar beets, sugar
components, tobacco, potatoes, or other
biomass; or
``(bb) is natural gas produced from
a biogas source, including a landfill,
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found; and
``(II) is used to replace or reduce
the quantity of fossil fuel present in
a fuel mixture used to operate a motor
vehicle.
``(ii) Inclusion.--The term renewable fuel
includes--
``(I) cellulosic biomass ethanol
and waste derived ethanol; and
``(II) biodiesel (as defined in
section 312(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13220(f))) and any
blending components derived from
renewable fuel (provided that only the
renewable fuel portion of any such
blending component shall be considered
part of the applicable volume under the
renewable fuel program established by
this subsection).
``(D) Small refinery.--The term `small refinery'
means a refinery for which the average aggregate daily
crude oil throughput for a calendar year (as determined
by dividing the aggregate throughput for the calendar
year by the number of days in the calendar year) does
not exceed 75,000 barrels.''.
(b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows:
(1) Regulations.--Clause (i) of subparagraph (A) is amended
by striking the last sentence.
(2) Applicable volumes of renewable fuel.--Subparagraph (B)
is amended to read as follows:
``(B) Applicable volume.--For the purpose of
subparagraph (A), the applicable volume of renewable
fuel for each calendar year shall be 7,500,000,000
gallons.''.
(c) Applicable Percentages.--Paragraph (3) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(2) In subparagraph (A), by striking ``transportation fuel,
biomass-based diesel, and cellulosic biofuel'' and inserting
``gasoline''.
(3) In subparagraph (B)(i), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(4) In subparagraph (B), by striking ``transportation
fuel'' and inserting ``gasoline'' in clause (ii)(II).
(d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph
(4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is
amended to read as follows:
``(4) Cellulosic biomass ethanol or waste derived
ethanol.--For the purpose of paragraph (2), 1 gallon of
cellulosic biomass ethanol or waste derived ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.''.
(e) Credit Program.--Paragraph (5) of section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E).
(f) Waivers.--
(1) In general.--Paragraph (7) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (A), by striking ``, by any
person subject to the requirements of this subsection,
or by the Administrator on his own motion''; and
(B) by inserting ``State'' before ``petition for a
waiver'' in subparagraph (B).
(2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of
the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking
subparagraph (D).
(3) Biomass-based diesel.--Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
striking subparagraphs (E) and (F).
(g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) is amended by striking paragraph (11).
(h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended by striking paragraph (12).
(i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by striking paragraph (2) of subsection (v).
(j) Other Provisions.--
(1) Environmental and resource conservation impacts.--
Section 204(b) of the Energy Independence and Security Act of
2007 (Public Law 110-140) is repealed.
(2) Effective date, savings provision, and transition
rules.--Section 210 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) is repealed.
(k) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year following the date of
enactment of this Act.
(l) Estimates for First Calendar Year.--Prior to January 1 of the
first calendar year following the date of enactment of this Act--
(1) the Administrator of the Energy Information
Administration shall provide to the Administrator of the
Environmental Protection Agency an estimate, under section
211(o)(3) of the Clean Air Act, as amended by this Act, with
respect to such calendar year, of the volumes of gasoline
projected to be sold or introduced into commerce in the United
States; and
(2) based on the estimate provided under paragraph (1), the
Administrator of the Environmental Protection Agency shall
determine and publish in the Federal Register, with respect to
such calendar year, the renewable fuel obligation for such
calendar year under section 211(o)(3) of the Clean Air Act, as
amended by this Act.
SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETHANOL BLENDS.
(a) Prohibition.--Notwithstanding any provision of the Clean Air
Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental
Protection Agency may not permit or authorize (including by granting a
waiver through the fuels and fuel additives waiver process under
section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the introduction
into commerce of gasoline that--
(1) contains greater than 10-volume-percent ethanol;
(2) is intended for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(3) is not, on or before the date of enactment of this
Act--
(A) registered in accordance with section 211(b) of
such Act (42 U.S.C. 7545(b)); and
(B) lawfully sold in the United States.
(b) Repeal of Existing Waivers.--
(1) In general.--Any waiver described in paragraph (2) is
repealed and shall have no force or effect.
(2) Waiver.--A waiver described in this paragraph--
(A) is a waiver granted pursuant to section
211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4))
prior to the date of enactment of this Act that permits
or authorizes the introduction into commerce of
gasoline that contains greater than 10-volume-percent
ethanol for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(B) includes the following:
(i) ``Partial Grant and Partial Denial of
Clean Air Act Waiver Application Submitted by
Growth Energy To Increase the Allowable Ethanol
Content of Gasoline to 15 Percent; Decision of
the Administrator'' published at 75 Fed. Reg.
68094 (November 4, 2010).
(ii) ``Partial Grant of Clean Air Act
Waiver Application Submitted by Growth Energy
To Increase the Allowable Ethanol Content of
Gasoline to 15 Percent; Decision of the
Administrator'' published at 76 Fed. Reg. 4662
(January 26, 2011).
(3) Exception.--Paragraph (1) shall not apply with respect
to a waiver to the extent such waiver permits or authorizes the
introduction into commerce of gasoline--
(A) that is described in paragraph (2)(A); and
(B) that is, on or before the date of enactment of
this Act--
(i) registered in accordance with section
211(b) of the Clean Air Act (42 U.S.C.
7545(b)); and
(ii) lawfully sold in the United States.
(c) Study.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall conduct, and submit to Congress the results of, a comprehensive
study on--
(1) the effects of the introduction into commerce of an
ethanol-gasoline blend described in subsection (b)(2)(A) on
consumer products, including--
(A) onroad and nonroad vehicles;
(B) nonroad engines (such as lawn mowers); and
(C) any other applicable gasoline-powered vehicles,
engines, and devices;
(2) the impact of an ethanol-gasoline blend described in
subsection (b)(2)(A) on--
(A) engine performance of conventional gasoline-
powered onroad and nonroad vehicles and nonroad
engines;
(B) emissions from the use of the blend; and
(C) materials compatibility and consumer safety
issues associated with the use of such blend (including
the identification of insufficient data or information
for some or all of such vehicles and engines with
respect to each of the issues described in this
subparagraph and subparagraphs (A) and (B)); and
(3) the ability of wholesale and retail gasoline
distribution infrastructure, including bulk storage, retail
storage configurations, and retail equipment (including
certification of equipment compatibility by independent
organizations), to introduce such an ethanol-gasoline blend
into commerce without widespread intentional or unintentional
misfueling by consumers. | Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act This bill amends the Clean Air Act to revise the renewable fuel program by decreasing the volume of renewable fuel that must be contained in motor vehicle fuel in 2015 through 2022 to 7.5 billion gallons for each year. The separate volume requirements are eliminated for the following renewable fuel categories: advanced biofuels, cellulosic biofuel (ethanol derived from certain types of biological matter), and biomass-based diesel. The bill revokes the requirement that the Environmental Protection Agency (EPA) ensure that renewable fuels emit fewer greenhouse gases than the fuel it replaces. One gallon of cellulosic biomass ethanol or waste-derived ethanol is considered to be equal to 2.5 gallons of renewable fuel. Petitions for waivers from requirements under the renewable fuel program may not be brought to the EPA by a person who is subject to the requirements of the program. The EPA may not permit or authorize the introduction into commerce of gasoline that: (1) contains greater than 10% ethanol by volume, (2) is intended for general use in conventional gasoline-powered vehicles or engines, and (3) is not registered under the program and lawfully sold in the United States before this Act's enactment. This prohibition applies to EPA grants of waivers through the fuels and fuel additives waiver process as well. This bill nullifies waivers that permit the introduction into commerce of gasoline that contains greater than 10% ethanol by volume for general use in conventional gasoline-powered vehicles or engines, except for waivers for gasoline that is registered and lawfully sold in the United States before this Act's enactment. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Highway Chokepoint
Congestion Relief Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2007, traffic congestion in the top 437 urban areas
resulted in major chokepoints and bottlenecks, causing
Americans to lose 4.2 billion hours and 2.9 billion gallons of
fuel sitting in traffic jams.
(2) At the most traffic congested chokepoints, each rush
hour traveler ``pays'' an annual virtual congestion tax of
between $600 and $1,600 in lost time and fuel and spends the
equivalent of almost eight work days each year stuck in
traffic.
(3) Traffic congestion threatens business productivity
through the loss of efficient delivery cycles, the need for
increased inventory, and the cost of congestion-related fuel
emissions.
(4) Traffic congestion causes highway crashes that can kill
drivers, their passengers and other motorists. As highway
crowding grows and motorists jockey for position at exits and
entryways, the potential for highway crashes increases.
(5) Traffic congestion chokepoints hinder the Nation's
progress in improving air quality. Vehicles caught in stop-and-
go traffic emit far more pollutants, particularly carbon
monoxide and volatile organic compounds, than they do when
operating without frequent braking and acceleration.
(6) In the largest cities of the Nation, highway congestion
impacts 67 percent of travel, lasts seven hours per day in
duration, and increases by 37 percent the length of the average
rush hour driver's trip.
(7) Traffic congestion is no longer simply a problem in the
central areas of large cities. In fact, the rate of congestion
has increased dramatically in medium-sized cities and suburban
areas.
(8) In a 2005 National League of Cities survey, traffic
congestion led all other categories, including education and
healthcare, when respondents were asked to identify the most
deteriorated conditions in their cities over the last five
years.
(9) In December 2007, the National Surface Transportation
Policy and Revenue Study Commission noted that certain
chokepoints impede national and regional movements and
recommended that a distinct program be established to fund
projects that reduce traffic congestion.
SEC. 3. CHOKEPOINT CONGESTION RELIEF PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Transportation shall issue regulations that establish
a chokepoint congestion relief program pursuant to the requirements of
this Act.
SEC. 4. NATIONAL CHOKEPOINT REGIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall develop criteria for designating national
chokepoint regions in a State, or more than one State if the States are
contiguous, based on factors, including--
(1) daily vehicle-miles of travel;
(2) estimates of annual hours of delay per traveler;
(3) comparisons of peak period travel time to free-flow
travel time (travel time index);
(4) percentage of trucks in traffic stream;
(5) estimates of wasted fuel per traveler;
(6) estimates of extra costs due to travel delay and fuel
consumption;
(7) percentage of daily travel in congested conditions;
(8) proximity to shipping ports, airports, commuter rail,
tourist destinations, and freight transportation corridors;
(9) estimates of incident-related travel delay, including
roadside distractions and ``rubbernecking'';
(10) abrupt changes in highway alignment such as sharp
curves and hills;
(11) intended interruption to highway flow such as
tollbooths and freeway ramp meters; and
(12) vehicle merging maneuvers such as ``lanedrop,'' lane-
blocking incidents, ``weaving areas'', freeway on-ramps, and
freeway-to-freeway interchanges.
SEC. 5. GRANT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary may make a grant for capital
improvements under this Act to a State department of transportation
having jurisdiction over an area within a national chokepoint region.
(b) Secretarial Approval.--A grant may only be made under this Act
for an eligible project described in section 7.
(c) Coordination With Existing Programs.--The Secretary shall
coordinate the chokepoint congestion relief program with existing
programs, including the corridors of the future program.
(d) Construction Standards.--A project to be carried out with
assistance under this Act that is for a highway that is on a Federal-
aid system (as defined in section 101 of title 23, United States Code)
shall be constructed to the same standards that would apply if such
project was being carried out with assistance under chapter 1 of title
23, United States Code.
(e) Federal Share.--
(1) In general.--The Federal share of the cost of an
eligible project for which a grant is made under this Act shall
be 80 percent.
(2) Non-federal share.--The non-Federal share of the cost
of an eligible project for which a grant is made under this Act
may not be provided from Federal funds made available under any
other law.
SEC. 6. APPORTIONMENT OF FUNDS.
(a) In General.--The Secretary is authorized to carry out the
chokepoint congestion relief program described in section 5 by
apportioning amounts to State departments of transportation, in the
form of capital improvement grants, for carrying out eligible projects
in the national chokepoint regions.
(b) Formula for Apportionment.--The Secretary shall develop a
formula for apportioning amounts to eligible projects in national
chokepoint regions based on--
(1) estimates of annual hours of delay per traveler;
(2) daily vehicle-miles of travel on Federal-aid highways;
and
(3) comparisons of peak period travel time to free-flow
travel time (travel time index).
(c) Apportionments to More Than One State.--If a national
chokepoint region is within the boundaries of more than one State, the
Secretary shall apportion the funds apportioned under subsection (a)
for carrying out eligible projects in such national chokepoint regions
among such States as follows:
(1) 50 percent of the apportionment in the ratio that--
(A) the total lane miles of Federal-aid highways in
the national chokepoint region in each of such States;
bears to
(B) the total lane miles of Federal-aid highways in
the national chokepoint region in all of such States.
(2) 50 percent of the apportionments in the ratio that--
(A) the total vehicle miles traveled on lanes on
Federal-aid highways in the national chokepoint region
in each of such States; bears to
(B) the total vehicle miles traveled on lanes on
Federal-aid highways in the national chokepoint region
in all of such States.
(d) Period of Availability.--Amounts granted to a State department
of transportation for carrying out an eligible project, from amounts
apportioned under this subsection, shall remain available for
obligation for a period of 6 years after the last day of the fiscal
year for which the funds are authorized to be appropriated. Any amounts
so apportioned that remain unobligated at the end of such period shall
be allocated to other States for the purpose of funding eligible
projects located in national chokepoint regions at the discretion of
the Secretary.
SEC. 7. PROJECT SELECTION AND ELIGIBILITY.
(a) Selection Process Guidelines.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall issue project
selection guidelines for a State department of transportation to follow
in selecting eligible projects for which grants may be made under this
Act.
(b) Minimum Requirements.--The selection guidelines issued by the
Secretary pursuant to subsection (a) shall include a requirement that a
State department of transportation--
(1) consult with local governments, port authorities, and
regional planning organizations during the project selection
process;
(2) adhere to applicable metropolitan and statewide
planning processes, including sections 134 and 135 of title 23,
United States Code, in selecting projects for which grants may
be made under this Act;
(3) develop and implement a selection process that is in
writing and available to the public;
(4) develop and implement a process for rating proposed
projects for which grants may be made under this Act; and
(5) identify the basis for rating projects under paragraph
(4).
SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) Eligible project.--The term ``eligible project'' means
a project or activity eligible for assistance under chapter 1
of title 23, United States Code.
(2) Federal-aid highway.--The term ``Federal-aid highway''
has the meaning such term has under section 101 of title 23,
United States Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(4) State.--The term ``State'' means any of the 50 States,
the District of Columbia, and Puerto Rico.
(5) State department of transportation.--The term ``State
department of transportation'' has the meaning such term has
under section 101 of title 23, United States Code.
SEC. 9. SENSE OF CONGRESS REGARDING PERFORMANCE MEASURES AND
QUANTITATIVE GOALS FOR STATE DOTS.
It is the sense of Congress that--
(1) States should adopt both interim and long-term
objectives for significantly reducing traffic congestion at
chokepoint areas within each State; and
(2) establishing performance measures and quantitative
goals will allow State departments of transportation to use
available resources as efficiently as possible on projects that
have the maximum impact in reducing traffic congestion and
improving mobility.
SEC. 10. SENSE OF CONGRESS ON NONAUTOMOTIVE TRAVEL MODES, TRAVEL DEMAND
MANAGEMENT, GROWTH MANAGEMENT STRATEGIES, AND GREEN
INFRASTRUCTURE.
It is the sense of Congress that alleviating traffic congestion
requires that the House of Representatives and the Senate commit to
authorizing and funding--
(1) nonautomotive modes of travel, including intercity
passenger rail, commuter rail, light rail, heavy rail, bus
transit, and bikeways;
(2) travel demand management strategies, including
ridesharing, dedicated highway lanes for high occupancy
vehicles, staggered work hour initiatives, and telecommuting;
(3) growth management and land use strategies; and
(4) strategies that promote the inclusion of trees and
green infrastructure along transportation corridors, which has
been shown to reduce air pollution by removing airborne
contaminants and to reduce congestion by calming traffic and
creating safer roadways.
SEC. 11. RITA STUDY OF CONGESTION PRICING.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Research and Innovative Technology Administration,
through the Volpe National Transportation Systems Center, shall--
(1) study the extent to which congestion pricing can
provide an incentive for travelers to drive during off-peak
hours or to change their mode of transportation for time-
sensitive journeys;
(2) study the potential for congestion pricing to generate
revenue and thus require less tax-based funding;
(3) study foreign congestion pricing practices, such as
those utilized in London, England, and Stockholm, Sweden, and
the cost and feasibility of implementing selected best
practices in the United States; and
(4) report the results of the study to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated from the Highway Trust Fund
such sums as may be necessary to carry out this Act for fiscal years
2010 through 2015. | National Highway Chokepoint Congestion Relief Act - Directs the Secretary of Transportation to: (1) issue regulations to establish a chokepoint congestion relief program; and (2) develop criteria for designating national chokepoint regions in a state.
Authorizes the Secretary to make capital improvement grants to states in order to carry out eligible projects that reduce traffic congestion in the national chokepoint regions. Sets forth a formula for the apportioning of grant funds.
Expresses the sense of Congress that: (1) states should adopt both interim and long-term objectives for significantly reducing traffic congestion at chokepoint areas; (2) establishment of performance measures and quantitative goals will allow states to make efficient use of available resources on projects that have the maximum impact in reducing traffic congestion and improving mobility at chokepoint areas; and (3) alleviation of traffic congestion requires Congress to commit to authorizing and funding nonautomotive travel modes as well as travel demand management, growth management, land use, and green infrastructure strategies.
Requires the Administrator of the Research and Innovative Technology Administration (RITA), through the Volpe National Transportation Systems Center, to study and report to specified congressional committees on the extent to which congestion pricing (including that utilized in London, England, and Stockholm, Sweden) can encourage travelers to drive during off-peak hours, or change their mode of transportation, and can also generate revenue and thus require less tax-based funding. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palestinian Accountability Act''.
SEC. 2. PROHIBITION ON USE OF THE TERM ``PALESTINE'' IN UNITED STATES
GOVERNMENT DOCUMENTS.
(a) In General.--No United States Government document may refer to
the areas controlled by the Palestinian Authority as ``Palestine''
until the Secretary of State certifies to Congress that the Palestinian
Authority, at a minimum--
(1) does not manipulate or inappropriately influence in any
way the outcome of presidential or legislative elections in
areas controlled by the Palestinian Authority;
(2) is advancing democratic ideals by actively promoting
human rights and ending government corruption through increased
efficiency and transparency in all government agencies and
initiatives;
(3) regularly and strongly condemns terrorism;
(4) has taken, and plans to continue to take, tangible
steps to disavow terrorism, dismantle terrorist
infrastructures, confiscate unauthorized weapons, arrest and
bring terrorists to justice, consolidate and control the
Palestinian security organizations, and end the incitement to
violence and hatred in the Palestinian media, educational
institutions, mosques, and other institutions;
(5) has ceased to participate in any economic, educational,
cultural, or other boycott of Israel, its citizens, its
products, or its services;
(6) has worked, and plans to continue to work, actively
with the Government of Israel to implement the steps and adhere
to the principles set out in the Performance-Based Roadmap to a
Permanent Two-State Solution to the Israeli-Palestinian
Conflict of 2003 (commonly referred to as the ``Roadmap to
Peace'') (or any successor to such) to bring security, peace,
and reconciliation between Israel and the Palestinians;
(7) recognizes Israel's right to exist as a Jewish state
and conducts diplomatic relations with the State of Israel in
the same manner and to the same extent as it conducts
diplomatic relations with any other country; and
(8) has either excluded Hamas from participating in a unity
government or, if not, has required Hamas to explicitly and
publicly support the requirements of paragraphs (1) to (7) of
this subsection.
(b) Nonwaivability.--The prohibition under subsection (a) may not
be waived for any purpose.
SEC. 3. PROHIBITION ON UNITED STATES FUNDS TO THE PALESTINIAN
AUTHORITY.
(a) In General.--No funds available to any United States Government
department or agency to carry out the provisions of chapter 4 of part
II of the Foreign Assistance Act of 1961 for any fiscal year may be
obligated or expended with respect to providing funds to the
Palestinian Authority unless with respect to such fiscal year--
(1) an independent audit of the budget of the Palestinian
Authority is conducted by a United States nongovernmental or
private organization or entity and the Secretary of State
submits such audit to Congress; and
(2) the Secretary of State certifies to Congress that the
Palestinian Authority, at a minimum, meets the requirements of
paragraphs (1) to (8) of section 2(a) of this Act.
(b) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to funds available for
fiscal year 2013 and subsequent fiscal years.
SEC. 4. PROHIBITION ON UNITED STATES CONTRIBUTIONS TO THE UNITED
NATIONS.
(a) In General.--Except as provided in section 5, no funds
available to any United States Government department or agency for any
fiscal year may be obligated or expended with respect to making
contributions to the United Nations if a Palestinian state is
recognized as a member state of the United Nations unless with respect
to such fiscal year the Secretary of State certifies to Congress that
the Palestinian Authority, at a minimum, meets the requirements of
paragraphs (1) to (8) of section 2(a) of this Act.
(b) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to funds available for
fiscal year 2013 and subsequent fiscal years.
SEC. 5. PROHIBITION ON UNITED STATES CONTRIBUTIONS TO UNRWA.
(a) In General.--No funds available to any United States Government
department or agency for any fiscal year may be obligated or expended
with respect to making contributions to the United Nations Relief and
Works Agency for Palestine Refugees in the Near East (UNRWA) unless
with respect to such fiscal year--
(1) an independent audit of the budget of UNRWA is
conducted by a United States nongovernmental or private
organization or entity and the Secretary of State submits such
audit to Congress; and
(2) the Secretary of State certifies to Congress that
UNRWA, at a minimum, meets the requirements applicable to the
Palestinian Authority under paragraphs (1) to (3), (5), and (7)
of section 2(a) of this Act, except that for purposes of
meeting the requirements of paragraph (1) of such section, the
term ``Palestinian Authority'' shall be deemed to be ``UNRWA''.
(b) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to funds available for
fiscal year 2013 and subsequent fiscal years. | Palestinian Accountability Act - Prohibits any U.S. government document from referring to the areas controlled by the Palestinian Authority (PA) as Palestine until the Secretary of State certifies to Congress that the PA: (1) does not inappropriately influence elections in PA-contolled areas; (2) is promoting human rights and ending government corruption; (3) has taken steps to dismantle terrorist infrastructures and arrest terrorists, control Palestinian security organizations, and end the incitement to violence and hatred in the Palestinian media, educational institutions, and mosques; (4) has ceased to participate in any boycott of Israel; (5) works with Israel to implement the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict of 2003 (the Roadmap to Peace); (6) recognizes Israel's right to exist as a Jewish state; and (7) has excluded Hamas from participating in a unity government or has required Hamas to publicly support such requirements. Prohibits certain Foreign Assistance Act of 1961 funds from being made available to the PA unless: (1) a U.S. nongovernmental or private entity audits the PA budget and the Secretary submits the audit to Congress, and (2) the Secretary certifies to Congress that the PA meets specified requirements. Prohibits funds from being obligated or expended for U.S. contributions to the United Nations (U.N.) if a Palestinian state is recognized as a U.N. member state unless the Secretary certifies to Congress that the PA meets specified requirements. Prohibits funds from from being obligated or expended for U.S. contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless: (1) a U.S. nongovernmental or private entity audits the UNRWA budget and the Secretary submits the audit to Congress, and (2) the Secretary certifies to Congress that UNRWA meets specified requirements. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Main Street Investment Credit
Act of 2016''.
SEC. 2. RURAL MICROBUSINESS INVESTMENT CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45S. RURAL MICROBUSINESS INVESTMENT CREDIT.
``(a) In General.--For purposes of section 38, the amount of the
rural microbusiness investment credit determined under this section for
any taxable year with respect to a rural microbusiness is equal to 35
percent of the qualified new investments in the rural microbusiness for
the taxable year.
``(b) Limitations.--
``(1) Per business limitations.--The amount allowed as a
credit under subsection (a) with respect to any rural
microbusiness for a taxable year shall not exceed--
``(A) $10,000, reduced (but not below zero) by
``(B) the amount allowed under subsection (a) to
the rural microbusiness for all preceding taxable
years.
``(2) Per taxpayer limitations.--The amount allowed as a
credit under subsection (a) with respect to any taxpayer with
respect to all rural microbusinesses of the taxpayer for a
taxable year shall not exceed--
``(A) $10,000, reduced (but not below zero) by
``(B) the amount allowed under subsection (a) to
the taxpayer with respect to rural microbusinesses for
all preceding taxable years.
``(c) Definitions.--For purposes of this section--
``(1) Qualified new investment.--The term `qualified new
investment' means the excess of--
``(A) qualified expenditures paid or incurred for
the taxable year, over
``(B) the greater of--
``(i) qualified expenditures paid or
incurred for the preceding taxable year, or
``(ii) the average annual qualified
expenditures paid or incurred over the
preceding three taxable years.
If the rural microbusiness was not in existence for the entire
3-year period referred to in clause (ii) of subparagraph (B),
subparagraph (B) shall be applied without regard to so much of
such subparagraph as precedes such clause (ii) and any taxable
years during such 3-year period for which the rural
microbusiness was not in existence shall be taken into account
as taxable years during which there were no qualified
expenditures.
``(2) Qualified expenditures.--
``(A) In general.--The term `qualified
expenditures' means any amount which is paid or
incurred with respect to a rural microbusiness. Such
term includes costs for capital plant and equipment,
inventory expenses, and wages.
``(B) Exception.--Such term does not include--
``(i) any interest cost,
``(ii) the cost of any vehicle which is not
a qualified nonpersonal use vehicle (as defined
in section 274(i)), and
``(iii) the cost of any compensation or
benefits to the taxpayer claiming the credit,
including the taxpayer's spouse and dependents.
``(3) Rural microbusiness.--
``(A) In general.--The term `rural microbusiness'
means any trade or business if--
``(i) such trade or business is operated as
a proprietorship, partnership, trust (to the
extent that the trust is a pass-thru entity), S
corporation, or other pass-thru entity,
``(ii) each of the owners of such trade or
business, with respect to the taxable year for
which the credit is claimed--
``(I) materially participates (as
determined under rules similar to the
rules of section 469(h)) in such trade
or business, and
``(II) in the case of any trade or
business substantially all of the
activity of which is in agricultural
production, is a first-time farmer (as
defined in section 147(c)(2)(C)),
``(iii) such trade or business is carried
on, and physically located, in a distressed
rural area during the taxable year for which
the credit is claimed,
``(iv) such trade or business employs not
more than 5 full-time (or full-time equivalent)
employees during the taxable year for which the
credit is claimed, and
``(v) which meets the gross revenue test
under subparagraph (D) for the first taxable
year in which the credit under subsection (a)
is allowable with respect to the trade or
business.
``(B) Exceptions.--Such term shall not include--
``(i) any trade or business which includes,
in whole or in part, any private or commercial
golf course, country club, massage parlor, hot
tub facility, suntan facility, racetrack or
other facility used for gambling, or any store
the principal business of which is the sale of
alcoholic beverages for consumption off
premises, or
``(ii) any trade or business with respect
to which records are required under section
2257 of title 18, United States Code, to be
maintained with respect to any performer.
``(C) Gross revenue test.--
``(i) In general.--A trade or business
meets the gross revenue test of this
subparagraph for any taxable year if the
average annual gross revenue of the trade or
business for the 3-taxable year period ending
with the taxable year does not exceed
$1,000,000.
``(ii) Aggregation rules.--All persons
treated as a single employer under subsection
(a) or (b) or section 52 or subsection (m) or
(o) of section 414 shall be treated as a trade
or business for purposes of clause (i).
``(iii) Special rules for entities not in
existence for entire 3-year period, etc.--Rules
similar to the rules of subparagraphs (A), (B),
and (D) of section 448(c)(3) shall apply for
purposes of this subparagraph.
``(D) Self-employed individuals.--For purposes of
this paragraph, if, with respect to a trade or
business, an individual is treated as an employee under
section 401(c), such individual shall be treated as an
employee of such trade or business for purposes of the
preceding sentence.
``(E) Full-time equivalent employee.--For purposes
of this paragraph--
``(i) In general.--The term `full-time
equivalent employee' means a number of
employees equal to the number determined by
dividing--
``(I) the total number of hours of
service for which wages were paid by
the employer to employees during the
taxable year, by
``(II) 2,080.
Such number shall be rounded to the next lowest
whole number if not otherwise a whole number.
``(ii) Excess hours not counted.--If an
employee works in excess of 2,080 hours of
service during any taxable year, such excess
shall not be taken into account under clause
(i).
``(iii) Hours of service.--The Secretary,
in consultation with the Secretary of Labor,
shall prescribe such regulations, rules, and
guidance as may be necessary to determine the
hours of service of an employee, including
rules for the application of this paragraph to
employees who are not compensated on an hourly
basis.
``(4) Distressed rural area.--
``(A) In general.--The term `distressed rural area'
means any qualified area in the United States--
``(i) that has lost at least 5 percent of
its population over the last 10 years,
``(ii) that lost at least 10 percent of its
population over the last 20 years,
``(iii) that has median family income below
85 percent of the national median family
income,
``(iv) that has a poverty rate that exceeds
12.5 percent, or
``(v) where average unemployment in the
preceding year exceeds 120 percent of the
national average.
``(B) Qualified area.--For purposes of subparagraph
(A), the term `qualified area' means--
``(i) any area other than--
``(I) a city or town that has a
population of greater than 50,000
inhabitants, and
``(II) any urbanized area
contiguous and adjacent to a city or
town described in subclause (I), and
``(ii) any county in which--
``(I) there is no city or town that
has a population of greater than
100,000 inhabitants, and
``(II) there are no urbanized areas
contiguous and adjacent to a city or
town described in subclause (I).
``(C) Relevant sources of information.--In
determining whether an area is a distressed rural area
under this paragraph, such determination shall be made
in accordance with the most recent information from the
Bureau of the Census, the Bureau of Labor Statistics,
or other government entity with relevant information.
``(5) Related persons.--A person shall be treated as
related to another person if the relationship between such
persons would result in the disallowance of losses under
section 267 or 707(b) (but, in applying section 267(b) and (c)
for purposes of this section, paragraph (4) of section 267(c)
shall be treated as providing that the family of an individual
shall include only his spouse, ancestors, and lineal
descendants).
``(d) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this chapter for any amount taken
into account in determining the credit under this section.
``(e) Other Rules.--
``(1) Married couple must file joint return.--Rules similar
to the rules of paragraphs (2), (3), and (4) of section 21(e)
shall apply for purposes of this section.
``(2) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction is allowed under section 151 is allowable to
another taxpayer for a taxable year beginning in the calendar
year in which such individual's calendar year begins.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year 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 rural microbusiness investment credit determined
under section 45S(a).''.
(c) Carryover of Unused Credit.--Subsection (a) of section 39 of
such Code is amended by adding at the end the following new paragraph:
``(5) 5-year carryback for rural microbusiness investment
credit.--Notwithstanding subsection (d), in the case of the
rural microbusiness investment credit--
``(A) this section shall be applied separately from
the business credit and the marginal oil and gas well
production credit (other than the rural microbusiness
investment credit),
``(B) paragraph (1) shall be applied by
substituting `each of the 5 taxable years' for `the
taxable year' in subparagraph (A) thereof, and
``(C) paragraph (2) shall be applied--
``(i) by substituting `25 taxable years'
for `21 taxable years' in subparagraph (A)
thereof, and
``(ii) by substituting `24 taxable years'
for `20 taxable years' in subparagraph (B)
thereof.''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Rural microbusiness investment credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenditures made in taxable years beginning after the date of
the enactment of this Act. | Rural Main Street Investment Credit Act of 2016 This bill amends the Internal Revenue Code to allow a business-related tax credit for 35% of new investment in a rural microbusiness. There is a limit on such credit, for any rural microbusiness or any taxpayer, of $10,000 in a taxable year reduced by the amount allowed as a credit for all preceding taxable years. A "rural microbusiness" is a trade or business that employs not more than five full-time employees in a taxable year and that is carried on, and physically located, in a distressed rural area. A "distressed rural area" as an area that has lost at least 5% of its population over the last 10 years or 10% of its population over the last 20 years, that has a median family income below 85 % of the national median family income, that has a poverty rate that exceeds 12.5%, or where average unemployment in the preceding year exceeds 120% of the national average. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Loan Forgiveness Act of
2002''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) Stafford Loans.--Part B of title IV of the Higher Education Act
of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11)
the following new section:
``SEC. 428L. LOAN FORGIVENESS FOR NURSES.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the nursing profession.
``(b) Program Authorized.--From the amount appropriated under
subsection (g) for any fiscal year, the Secretary shall, in accordance
with subsection (c), carry out a program, through the holder of the
loan, of assuming the obligation to repay a qualified loan amount for a
loan made under section 428 or 428H for any borrower who--
``(1) has been employed for 3 consecutive calendar years as
a full-time registered nurse in a health care facility or a
health care setting approved by the Secretary of Health and
Human Services for purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may, from funds appropriated under subsection (g)(1),
repay not more than $5,000 in the aggregate of the loan
obligation on a loan made under section 428 or 428H that is
outstanding after the completion of the third complete year of
nursing described in subsection (b)(1).
``(2) Additional amounts.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary may, from funds appropriated under subsection (g)(2),
repay is a total amount equal to not more than $12,000 for any
registered nurse who, in addition to meeting the requirements
of subsection (b), has been employed as required by such
subsection for 5 consecutive calendar years.
``(3) Award basis.--The Secretary shall make payments under
this subsection on a first-come first-served basis, subject to
the availability of appropriations.
``(4) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Prevention of Double Benefits.--
``(1) National and community service.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) Direct loan forgiveness.--No borrower may receive a
reduction of loan obligations under both this section and
section 460A.
``(g) Authorization of Appropriations.--For fiscal year 2003 and
for each of the 4 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary--
``(1) to repay loans in the amount specified in subsection
(c)(1); and
``(2) to repay loans in the additional amount specified in
subsection (c)(2).''.
(b) Direct Loans.--Part D of title IV of the Higher Education Act
of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the
following new section:
``SEC. 460A. LOAN FORGIVENESS FOR NURSES.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the nursing profession.
``(b) Program Authorized.--From the amount appropriated under
subsection (g) for any fiscal year, the Secretary shall carry out a
program of canceling the obligation to repay a qualified loan amount in
accordance with subsection (c) for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made under this part for any
borrower who--
``(1) has been employed for 3 consecutive calendar years as
a full-time registered nurse in a health care facility or a
health care setting approved by the Secretary of Health and
Human Services for purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may, from funds appropriated under subsection (g)(1),
cancel not more than $5,000 in the aggregate of the loan
obligation on a loan made under section 428 or 428H that is
outstanding after the completion of the third complete year of
nursing described in subsection (b)(1).
``(2) Additional amounts.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary may, from funds appropriated under subsection (g)(2),
cancel is a total amount equal to not more than $12,000 for any
registered nurse who, in addition to meeting the requirements
of subsection (b), has been employed as required by such
subsection for 5 consecutive calendar years.
``(3) Award basis.--The Secretary shall cancel loan amounts
under this subsection on a first-come first-served basis,
subject to the availability of appropriations.
``(4) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Prevention of Double Benefits.--
``(1) National and community service.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) Stafford loan forgiveness.--No borrower may receive a
reduction of loan obligations under both this section and
section 428L.
``(g) Authorization of Appropriations.--For fiscal year 2003 and
for each of the 4 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary--
``(1) to repay loans in the amount specified in subsection
(c)(1); and
``(2) to repay loans in the additional amount specified in
subsection (c)(2).''. | Nurse Loan Forgiveness Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve three consecutive complete years in an approved health care facility or setting. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers for Tomorrow's Careers Act
of 2005''.
SEC. 2. QUALIFIED TUITION AND RELATED EXPENSES.
(a) Extension.--
(1) In general.--Subsection (e) of section 222 of the
Internal Revenue Code of 1986 (relating to termination) is
amended by striking ``December 31, 2005'' and inserting
``December 31, 2006''.
(2) Limitations.--Paragraph (2) of section 222(b) of such
Code (relating to applicable dollar limit) is amended by
striking subparagraphs (A) and (B), by redesignating
subparagraph (C) as subparagraph (B), and by inserting before
subparagraph (B) (as so redesignated) the following:
``(A) 2006.--In the case of a taxable year
beginning in 2006, the applicable dollar amount shall
be equal to--
``(i) in the case of a taxpayer whose
adjusted gross income for the taxable year does
not exceed $65,000 ($130,000 in the case of a
joint return), $4,000,
``(ii) in the case of a taxpayer not
described in clause (i) whose adjusted gross
income for the taxable year does not exceed
$80,000 ($160,000 in the case of a joint
return), $2,000, and
``(iii) in the case of any other taxpayer,
zero.''.
(b) Expansion for Qualified Science, Technology, Engineering, or
Math Teachers and Professionals.--Subsection (d) of section 222 of such
Code (relating to definitions and special rules) is amended by
inserting at the end the following new paragraph:
``(7) Qualified science, technology, engineering, or math
teachers and professionals.--
``(A) In general.--In the case of payments made
with respect to a qualified science, technology,
engineering, or math teacher or with respect to a
qualified science, technology, engineering, or math
professional--
``(i) Dollar limitation not applicable.--
Subsection (b) shall not apply.
``(ii) Certification expenses.--Paragraph
(1) shall apply by inserting at the end the
following new sentences: `With respect to a
qualified science, technology, engineering, or
math teacher, such expenses shall include all
fees related to the initial certification of an
individual as a teacher of science, technology,
engineering, or math in the individual's State
licensing system. The deduction under
subsection (a) with respect to certification
expenses referred to in the preceding sentence
shall be allowed, in the case of any such
expense paid or incurred before or during the
taxable year in which such individual meets the
requirements of paragraph (7)(B)(i), for the
taxable year in which such individual meets
such requirements.'
``(B) Definitions.--For purposes of this
paragraph--
``(i) Qualified science, technology,
engineering, or math teacher.--With respect to
a taxable year, the term `qualified science,
technology, engineering, or math teacher' means
an individual who--
``(I) has a bachelor's degree or
other advanced degree in a field
related to science, technology,
engineering, or math,
``(II) was employed as a non-
teaching 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,
``(III) 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
``(IV) 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.
``(ii) Qualified science, technology,
engineering, or math professional.--With
respect to a taxable year, the term `qualified
science, technology, engineering, or math
professional' means an individual who--
``(I) has a bachelor's degree or
other advanced degree in a field
related to science, technology,
engineering, or math,
``(II) was employed as a non-
teaching 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, and
``(III) has paid or incurred fees
during the taxable year with respect to
the enrollment or attendance of such
individual in courses of instruction
required for the initial certification
of such individual as a teacher of
science, technology, engineering, or
math in the individual's State
licensing system.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years ending after the date of the
enactment of this Act. | Teachers for Tomorrow's Careers Act of 2005 - Amends the Internal Revenue Code to: (1) extend through 2006 the tax deduction for qualified tuition and related expenses; and (2) allow an unlimited deduction for the expenses of certified science, technology, engineering, or math teachers and professionals. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``S Corporation
Modernization Act of 2016''.
(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:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Expansion of qualifying beneficiaries of an electing small
business trust.
Sec. 3. Modifications to S corporation passive investment income rules.
Sec. 4. Expansion of S corporation eligible shareholders to include
IRAs.
Sec. 5. Charitable contribution deduction for electing small business
trusts.
Sec. 6. Amortization of S corporation built-in gain amount upon death
of shareholder.
SEC. 2. EXPANSION OF QUALIFYING BENEFICIARIES OF AN ELECTING SMALL
BUSINESS TRUST.
(a) No Look-Through for Eligibility Purposes.--Section
1361(c)(2)(B)(v) is amended by adding at the end the following new
sentence: ``This clause shall not apply for purposes of subsection
(b)(1)(C).''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2016.
SEC. 3. MODIFICATIONS TO S CORPORATION PASSIVE INVESTMENT INCOME RULES.
(a) Increased Percentage Limit.--Section 1375(a)(2) is amended by
striking ``25 percent'' and inserting ``60 percent''.
(b) Repeal of Excessive Passive Income as a Termination Event.--
Section 1362(d) is amended by striking paragraph (3).
(c) Conforming Amendments.--
(1) Section 1375(b) is amended by striking paragraphs (3)
and (4) and inserting the following new paragraph:
``(3) Passive investment income defined.--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `passive investment income'
means gross receipts derived from royalties, rents,
dividends, interest, and annuities.
``(B) Exception for interest on notes from sales of
inventory.--The term `passive investment income' shall
not include interest on any obligation acquired in the
ordinary course of the corporation's trade or business
from its sale of property described in section
1221(a)(1).
``(C) Treatment of certain lending or finance
companies.--If the S corporation meets the requirements
of section 542(c)(6) for the taxable year, the term
`passive investment income' shall not include gross
receipts for the taxable year which are derived
directly from the active and regular conduct of a
lending or finance business (as defined in section
542(d)(1)).
``(D) Treatment of certain dividends.--If an S
corporation holds stock in a C corporation meeting the
requirements of section 1504(a)(2), the term `passive
investment income' shall not include dividends from
such C corporation to the extent such dividends are
attributable to the earnings and profits of such C
corporation derived from the active conduct of a trade
or business.
``(E) Exception for banks, etc.--In the case of a
bank (as defined in section 581) or a depository
institution holding company (as defined in section
3(w)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1813(w)(1))), the term `passive investment income'
shall not include--
``(i) interest income earned by such bank
or company, or
``(ii) dividends on assets required to be
held by such bank or company, including stock
in the Federal Reserve Bank, the Federal Home
Loan Bank, or the Federal Agricultural Mortgage
Bank or participation certificates issued by a
Federal Intermediate Credit Bank.
``(F) Gross receipts from the sales of certain
assets.--For purposes of this paragraph--
``(i) Capital assets other than stock and
securities.--In the case of dispositions of
capital assets (other than stock and
securities), gross receipts from such
dispositions shall be taken into account only
to the extent of capital gain net income
therefrom.
``(ii) Stock and securities.--In the case
of sales or exchanges of stock or securities,
gross receipts shall be taken into account only
to the extent of the gain therefrom.
``(G) Coordination with section 1374.--The amount
of passive investment income shall be determined by not
taking into account any recognized built-in gain or
loss of the S corporation for any taxable year in the
recognition period. Terms used in the preceding
sentence shall have the same respective meanings as
when used in section 1374.''.
(2)(A) Section 26(b)(2)(J) is amended by striking ``25
percent'' and inserting ``60 percent''.
(B) Section 1375(b)(1)(A)(i) is amended by striking ``25
percent'' and inserting ``60 percent''.
(C) The heading for section 1375 is amended by striking
``25 percent'' and inserting ``60 percent''.
(D) The item relating to section 1375 in the table of
sections for part III of subchapter S of chapter 1 is amended
by striking ``25 percent'' and inserting ``60 percent''.
(3) Section 1042(c)(4)(A)(i) is amended by striking
``section 1362(d)(3)(C)'' and inserting ``section 1375(b)(3)''.
(4) Section 1362(f)(1)(B) is amended by striking
``paragraph (2) or (3) of subsection (d)'' and inserting
``subsection (d)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 4. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE
IRAS.
(a) In General.--Section 1361(c)(2)(A)(vi) is amended to read as
follows:
``(vi) A trust which constitutes an
individual retirement account under section
408(a), including one designated as a Roth IRA
under section 408A.''.
(b) Sale of Stock in IRA Relating to S Corporation Election Exempt
From Prohibited Transaction Rules.--Section 4975(d)(16) is amended--
(1) by striking subparagraphs (A) and (B) and by
redesignating subparagraphs (C), (D), (E), and (F) as
subparagraphs (A), (B), (C), and (D), respectively, and
(2) by striking ``such bank or company'' in subparagraph
(A) (as so redesignated) and inserting ``the issuer of such
stock''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2016.
SEC. 5. CHARITABLE CONTRIBUTION DEDUCTION FOR ELECTING SMALL BUSINESS
TRUSTS.
(a) In General.--Section 641(c)(2) is amended by inserting after
subparagraph (D) the following new subparagraph:
``(E)(i) Section 642(c) shall not apply.
``(ii) For purposes of section 170(b)(1)(G),
adjusted gross income shall be computed in the same
manner as in the case of an individual, except that the
deductions for costs which are paid or incurred in
connection with the administration of the trust and
which would not have been incurred if the property were
not held in such trust shall be treated as allowable in
arriving at adjusted gross income.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 6. AMORTIZATION OF S CORPORATION BUILT-IN GAIN AMOUNT UPON DEATH
OF SHAREHOLDER.
(a) In General.--Part II of subchapter S of chapter 1 is amended by
adding at the end the following:
``SEC. 1369. AMORTIZATION OF BUILT-IN GAIN AMOUNT UPON DEATH OF
SHAREHOLDER.
``(a) In General.--A person holding stock in an electing S
corporation the basis of which is determined under section 1014(a)
(hereafter in this section referred to as the `shareholder') shall be
allowed a deduction with respect to the S corporation built-in gain
amount. The amount of such deduction for any taxable year shall be
determined by amortizing the S corporation built-in gain amount over
the 15-year period beginning with the month which includes the
applicable valuation date.
``(b) S Corporation Built-In Gain Amount.--For purposes of this
section, the term `S corporation built-in gain amount' means the lesser
of--
``(1) the excess (if any) of--
``(A) the basis of the stock referred to in
subsection (a) as determined under section 1014(a),
over
``(B) the adjusted basis of such stock immediately
before the death of the decedent, or
``(2) the pro rata share (determined as of the applicable
valuation date) of--
``(A) the aggregate fair market value of all
property held by the S corporation which is of a
character subject to depreciation or amortization, over
``(B) the aggregate adjusted basis of all such
property held by the S corporation as of such date.
``(c) Electing S Corporation.--For purposes of this section, the
term `electing S corporation' means, with respect to any shareholder,
any S corporation which elects the application of this section with
respect to such shareholder at such time and in such form and manner as
the Secretary may prescribe.
``(d) Applicable Valuation Date.--For purposes of this section, the
term `applicable valuation date' means--
``(1) in the case of a decedent with respect to which the
executor of the decedent's estate elects the application of
section 2032, the date 6 months after the decedent's death, and
``(2) in the case of any other decedent, the date of the
decedent's death.
``(e) Accelerated Deduction in Case of Disposition of S Corporation
Property.--
``(1) In general.--If the electing S corporation disposes
of any property which was taken into account under subsection
(b)(2), then the deduction allowed under subsection (a) with
respect to any stock, for the taxable year of the shareholder
in which or with which the taxable year of the S corporation
which includes the date of such disposition ends, shall (except
as otherwise provided in this section) not be less than the
lesser of--
``(A) the pro rata share of the gain recognized on
such disposition, or
``(B) the amount determined under subsection (b)(2)
by only taking into account such property.
``(2) Overall allowance not increased.--No deduction shall
be allowed under subsection (a) with respect to any stock for
any taxable year to the extent that such deduction (when added
to the deductions so allowed for all prior taxable years)
exceeds the S corporation built-in gain amount with respect to
such stock.
``(f) Recharacterization of Gains as Ordinary Income to Extent of
Deduction.--If--
``(1) stock of an S corporation with respect to which a
deduction was allowed under this section, or
``(2) property which was taken into account under
subsection (b)(2) with respect to such stock,
is disposed of at a gain (determined without regard to whether or not
such gain is recognized and reduced by any amount of gain which is
treated as ordinary income under any other provision of this subtitle),
the amount of such gain (or the shareholder's pro rata share of such
gain in the case of property described in paragraph (2)) shall be
treated as gain which is ordinary income (and shall be recognized
notwithstanding any other provision of this subtitle) to the extent of
the excess of the aggregate deductions allowable under this section
with respect to such stock for the taxable year of such disposition and
all prior taxable years over the amounts taken into account under this
subsection for all prior taxable years.
``(g) Termination of Amortization.--No deduction shall be allowed
under subsection (a) with respect to any stock in an electing S
corporation with respect to any period beginning after the earlier of--
``(1) the date on which the corporation's election under
section 1362 terminates, or
``(2) the date on which the shareholder transfers such
stock to any other person.
``(h) Treatment of Certain Transfers.--
``(1) Distributions from estates or trusts.--
Notwithstanding any other provision of this section, in the
case of a distribution of stock from an estate or trust to a
beneficiary, the beneficiary (and not the estate or trust)
shall be treated as the shareholder to which this section
applies with respect to periods after such distribution. In the
case of a distribution of stock from an estate or trust to an
electing small business trust (as defined in section 1361(e)),
such electing small business trust shall be treated as a
beneficiary for purposes of the preceding sentence.
``(2) Certain transfers involving spouses.--Notwithstanding
any other provision of this section, in the case of a transfer
described in section 1041, the transferee (and not the
transferor) shall be treated as the shareholder to which this
section applies with respect to periods after such transfer.
``(i) Treatment of Income in Respect of the Decedent.--
``(1) Adjustment to built-in gain of property held by s
corporation.--For purposes of subsection (b)(2), the fair
market value of any property taken into account under
subparagraph (A) thereof shall be decreased by any amount of
income in respect of the decedent with respect to such property
to which section 691 applies. For purposes of subsection
(e)(1)(A), the gain recognized on the disposition of such
property shall be reduced by such amount.
``(2) Adjustment to basis of s corporation stock.--For
adjustment to basis of S corporation stock, see section
1367(b)(4)(B).
``(j) Reporting.--Except as otherwise provided by the Secretary,
for purposes of section 6037, the amounts determined under subsections
(b)(2), (e)(1), and (f)(2) shall be treated as items of the corporation
and the pro rata share determined under such subsection shall be
furnished to the shareholder under section 6037(b).''.
(b) Adjustment to Basis of Stock.--
(1) In general.--Section 1367(a)(2) is amended by striking
``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by
inserting after subparagraph (E) the following new
subparagraph:
``(F) the amount of the shareholder's deduction
under section 1369.''.
(2) Adjustment not taken into account in determining
treatment of distributions.--Section 1368 is amended--
(A) in subsection (d)(1), by inserting ``(other
than subsection (a)(2)(F) thereof)'' after ``section
1367'', and
(B) in subsection (e)(1)(A)--
(i) by striking ``this title and the
phrase'' and inserting ``this title, the
phrase'', and
(ii) by inserting ``, and no adjustment
shall be made under section 1367(a)(2)(F)''
after ``section 1367(a)(2)''.
(c) Clerical Amendment.--The table of sections for part II of
subchapter S of chapter 1 is amended by adding at the end the following
new item:
``Sec. 1369. Amortization of built-in gain amount upon death of
shareholder.''.
(d) Effective Date.--The amendments made by this section shall
apply to with respect to decedents dying after the date of the
enactment of this Act, in taxable years ending after such date. | S Corporation Modernization Act of 2016 This bill amends the Internal Revenue Code, with respect to the tax treatment of S corporations, to: allow a nonresident alien to be a qualifying beneficiary of an electing small business trust (ESBT), which is a type of trust that is permitted to hold shares in an S corporation; allow S corporations to increase passive investment income from 25% to 60% without incurring additional taxes; eliminate a provision terminating the S corporation status of corporations with excessive passive income for three consecutive years; allow any S corporation bank to have individual retirement account shareholders; allow ESBTs to claim expanded tax deductions for charitable contributions; and allow an adjustment to the basis of an S corporation's assets upon the death of a shareholder, in the form of a 15-year amortization deduction. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shirley A. Chisholm United States-
Caribbean Educational Exchange Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Caribbean.--The term ``Caribbean'' includes--
(A) the member countries of the Caribbean Community
(CARICOM), but does not include any country having
observer status in CARICOM;
(B) the member countries of the Association of
Caribbean States (ACS), but does not include any
country having observer status in the ACS.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
(3) Administrator.--Except as otherwise provided, the term
``Administrator'' means the Administrator of the United States
Agency for International Development.
(4) United states cooperating agencies.--The term ``United
States cooperating agencies'' means any nongovernmental
organization having United States citizenship that is
designated by the Secretary to carry out the program authorized
under section 6.
(5) Secondary school.--The term ``secondary school'' means
a school that serves students in any of the grades 9 through 12
or equivalent grades in a foreign education system as
determined by the Secretary, in consultation with the Secretary
of Education.
(6) Undergraduate.--The term ``undergraduate'' means a
college or university student working toward an associate-level
or bachelor's degree.
(7) Graduate.--The term ``graduate'' means a student
pursuing a degree beyond the bachelor's level.
(8) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The United States and the Caribbean have enjoyed long-
standing friendly relations.
(2) As an important regional partner for trade and
democratic values, the Caribbean constitutes a ``Third Border''
of the United States.
(3) The decrease in tourism revenue in the aftermath of the
tragic terrorist attacks on September 11, 2001, had an adverse
affect on the Caribbean.
(4) According to a 2005 World Bank Report on the Caribbean,
unemployment, particularly youth unemployment, has severe
implications on poverty and income distributions, as well as
drug trafficking and addiction.
(5) The World Bank Report also concludes that better
synchronization is needed between current Caribbean curricula
and the skills needed in an evolving job market and economy.
(6) Many Caribbean leaders have linked the increase in
crime to a decrease in economic alternatives. Consequently,
United States and Caribbean leaders have highlighted the need
for increased educational opportunities for Caribbean students.
(7) By enhancing United States cultural and educational
exchange programs in the Caribbean, regional security is
improved by expanding human resources and providing
opportunities that promote economic growth.
(8) Many Caribbean leaders studied at the undergraduate or
graduate level in the United States before returning to their
respective countries to contribute towards the strengthening of
democracy, the economy, or the provision of social services.
(9) From 2003 through 2005, 217 Caribbean leaders
participated in exchange programs with the United States that
focused on good governance, combating drug trafficking, anti-
corruption, and other regional issues of concern.
(10) The Department of State currently administers public
outreach programs that include cultural, academic, and citizen
exchange initiatives in Caribbean countries through the Embassy
Public Affairs Sections with support from the Office of Public
Diplomacy in the Bureau of Western Hemisphere Affairs.
(11) In some Caribbean countries, the United States Agency
for International Development coordinates the Center of
Excellence for Teacher Training (CETT), a successful
Presidential initiative that emphasizes teacher training as a
key to the development of a competitive work force.
(12) In Anguilla, Antigua and Barbuda, the Bahamas,
Barbados, Belize, the Cayman Islands, the Dominican Republic,
Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts and
Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, and
Trinidad and Tobago, the Bureau of Educational and Cultural
Affairs sponsors educational advisors to promote study in the
United States.
(13) In the 2004-2005 academic year, approximately 14,000
Caribbean students were enrolled in United States universities.
SEC. 4. STATEMENT OF PURPOSE.
The purpose of this Act is to develop two comprehensive educational
initiatives targeted toward the Caribbean. The first will establish a
system for United States-Caribbean educational exchange programs, and
the second will develop a plan to enhance teacher training and
community involvement in early education in the region.
SEC. 5. AVOIDANCE OF DUPLICATION.
The Secretary, acting through the Under Secretary for Public
Diplomacy, shall consult with the Administrator and the Secretary of
Education to ensure that--
(1) activities under this act are not duplicative of other
efforts in the Caribbean; and
(2) partner institutions in the Caribbean and United States
cooperating agencies are creditable.
SEC. 6. SHIRLEY CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE
PROGRAM.
(a) In General.--To carry out the purpose of this section, the
Secretary of State, acting through the Under Secretary for Public
Diplomacy, is authorized to establish a Caribbean international
exchange visitor program, to be known as the ``Shirley Chisholm United
States-Caribbean Educational Exchange Program'', under which--
(1) secondary students from the Caribbean would--
(A) attend a public equivalent school in the United
States;
(B) participate in activities designed to promote a
greater understanding of United States values and
culture; and
(C) have the option to live with a United States
host family and experience life in a United States host
community; and
(2) undergraduate, graduate students, and scholars from the
Caribbean would--
(A) attend a private or public college or
university in the United States;
(B) participate in activities designed to promote a
greater understanding of United States values and
culture; and
(C) have the option to live with a United States
host family and experience life in a United States host
community.
(b) Percentage Requirement.--Not less than 75 percent of Program
participants may be from member countries of CARICOM.
(c) Collaboration.--The Secretary shall collaborate with Caribbean
counterparts to establish similar exchange opportunities for United
States secondary, undergraduate, graduate students, and scholars.
(d) Cooperation.--
(1) In general.--The Secretary shall cooperate with United
States cooperating agencies to develop and implement the
Program.
(2) Eligibility for federal funding.--The cooperating
agencies shall be eligible for Federal funds and may request
assistance from other private donors to assist in the
implementation of the Program.
(3) Scholarships.--The cooperating agencies may offer, on a
merit and need-based basis, scholarships to eligible United
States and Caribbean participants.
SEC. 7. CARIBBEAN EDUCATIONAL DEVELOPMENT PROGRAMS.
The Administrator, acting through the Assistant Administrator for
Latin America and the Caribbean, shall develop a comprehensive program
that extends and expands existing primary and secondary school
initiatives in the Caribbean to provide--
(1) teacher training methods; and
(2) increased community involvement in school activities.
SEC. 8. PUBLIC PRIVATE VENTURE.
Where possible for the purposes of implementing sections 6 and 7,
the Secretary, the Administrator, and cooperating agencies are
authorized to solicit funding from private sources.
SEC. 9. REPORTING REQUIREMENTS.
(a) Initial Report.--Not later than three months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report setting forth plans to
implement sections 6 and 7. The report shall include--
(1) an estimate of the number of participating students
from each country;
(2) an identification of United States cooperating
agencies; and
(3) a schedule for implementation of the Shirley Chisholm
United States-Caribbean Educational Exchange Program.
(b) Subsequent Reports.--The Secretary shall submit to the
appropriate congressional committees regular reports upon the request
of such committees or their Members.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President to carry out this Act such sums as may be necessary for each
of fiscal years from 2007 through 2017.
(b) Sense of Congress.--It is the sense of Congress that not less
than $6,000,000 in additional funding above the amount that is
otherwise authorized to be appropriated for educational exchange
programs should be made available for each of fiscal years 2007 through
2017 to carry out this Act, as follows:
(1) $4,000,000 for the Shirley Chisholm United States-
Caribbean Educational Exchange Program administered by the
Department of State under section 6; and
(2) $2,000,000 for Caribbean educational development
programs administered by the United States Agency for
International Development under section 7. | Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2006 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, and graduate students from the Caribbean would attend U.S. schools, participate in activities designed to promote a greater understanding of U.S. values and culture, and have the option to live with a U.S. host family.
Directs the United States Agency for International Development (USAID) to develop a comprehensive program that extends and expands existing primary and secondary school initiatives in the Caribbean to provide: (1) teacher training methods; and (2) increased community involvement in school activities. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Tax Accountability
Act of 2015''.
SEC. 2. INELIGIBILITY OF INDIVIDUALS HAVING SERIOUSLY DELINQUENT TAX
DEBTS FOR FEDERAL EMPLOYMENT.
(a) In General.--Chapter 45 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--LIMITATIONS ON BONUSES
``Sec. 4531. Definitions
``For purposes of this subchapter--
``(1) the term `agency' means--
``(A) an Executive agency;
``(B) the United States Postal Service;
``(C) the Postal Regulatory Commission; and
``(D) an employing authority in the legislative
branch;
``(2) the term `bonus' means any bonus or cash award
relating to employment, including an award under this chapter,
an additional step-increase under section 5336, an award under
section 5384, a recruitment or relocation bonus under section
5753, and a retention bonus under section 5754;
``(3) the term `employee' means an employee in or under an
agency, including an individual described in section 2104(b) or
2105(e); and
``(4) the term `seriously delinquent tax debt'--
``(A) means an outstanding debt under the Internal
Revenue Code of 1986 for which a notice of lien has
been filed in public records pursuant to section 6323
of such Code; and
``(B) does not include--
``(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code;
``(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending;
``(iii) a debt with respect to which a levy
has been issued under section 6331 of such Code
(or, in the case of an applicant for
employment, a debt with respect to which the
applicant agrees to be subject to a levy issued
under such section); and
``(iv) a debt with respect to which relief
under section 6343(a)(1)(D) of such Code is
granted.
``Sec. 4532. Ineligibility for bonuses
``(a) In General.--Subject to subsection (c), any individual who
has a seriously delinquent tax debt shall be ineligible to receive a
bonus from an agency.
``(b) Disclosure Requirement.--The head of each agency shall take
appropriate measures to ensure that each individual applying for
employment with such agency shall be required to submit (as part of the
application for employment) certification that such individual does not
have any seriously delinquent tax debt.
``(c) Regulations.--The Office of Personnel Management, in
consultation with the Internal Revenue Service, shall promulgate
regulations to carry out this section with respect to the executive
branch, which shall provide for the following:
``(1) All due process rights, afforded by chapter 75 and
any other provision of law, shall apply with respect to a
determination under this section that an individual is
ineligible to receive a bonus.
``(2) Before any such determination is given effect with
respect to an individual, the individual shall be afforded 180
days to demonstrate that such individual's debt is one
described in clause (i), (ii), (iii), or (iv) of section
4531(a)(4)(B).
``(3) An employee who has a seriously delinquent tax debt
may receive a bonus, in a situation involving financial
hardship, if the continued service of such employee is in the
best interests of the United States, as determined on a case-
by-case basis.
``(d) Reports to Congress.--The Director of the Office of Personnel
Management shall report annually to Congress on the number of
exemptions made pursuant to subsection (c)(3).
``Sec. 4533. Review of public records
``(a) In General.--Each agency shall provide for such reviews of
public records as the head of such agency considers appropriate to
determine if a notice of lien (as described in section 4531(4)) has
been filed with respect to an employee of or an applicant for
employment with such agency.
``(b) Additional Requests.--If a notice of lien is discovered under
subsection (a) with respect to an employee or applicant for employment,
the agency may--
``(1) request that the employee or applicant execute and
submit a form authorizing the Secretary of the Treasury to
disclose to the head of the agency information limited to
describing whether the employee or applicant has a seriously
delinquent tax debt; and
``(2) contact the Secretary of the Treasury to request tax
information limited to describing whether the employee or
applicant has a seriously delinquent tax debt.
``(c) Authorization Form.--The Secretary of the Treasury shall make
available to all agencies a standard form for the authorization
described in subsection (b)(1).
``(d) Negative Consideration.--The head of an agency, in
considering an individual's application for employment or in making an
employee appraisal or evaluation, shall give negative consideration to
a refusal or failure to comply with a request under subsection (b)(1).
``Sec. 4534. Confidentiality
``Neither the head nor any other employee of an agency may--
``(1) use any information furnished under the provisions of
this subchapter for any purpose other than the administration
of this subchapter;
``(2) make any publication whereby the information
furnished by or with respect to any particular individual under
this subchapter can be identified; or
``(3) permit anyone who is not an employee of such agency
to examine or otherwise have access to any such information.''.
(b) Technical and 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--limitations on bonuses
``4531. Definitions.
``4532. Ineligibility for bonuses.
``4533. Review of public records.
``4534. Confidentiality.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 9
months after the date of enactment of this Act. | Federal Employee Tax Accountability Act of 2015 Makes any individual who has a seriously delinquent tax debt ineligible to receive a bonus from a federal agency (i.e., an executive agency, the U.S. Postal Service, the Postal Regulatory Commission, or an employing agency in the legislative branch). Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts a tax debt: (1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or pending, (3) for which a levy has been issued or agreed to by an applicant for employment, or (4) that is determined to be an economic hardship to the taxpayer. Requires each agency to review public records to determine if a notice of tax lien has been filed against an agency employee or applicant for employment. Prohibits an agency head or agency employee from using or disclosing tax delinquency information other than for the administration of this Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families Learning and Understanding
English Together Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Census Bureau reports that in 2011, 20.8 percent of
United States households speak a language other than English at
home.
(2) Many parents in many recently immigrated families speak
little to no English, possess low literacy skills in their
native language due to limited education, and frequently
struggle to assist their children's English language
development.
(3) The United States is a nation of immigrants, and even
today, according to the 2010 update of the Census, nearly
40,000,000 individuals who live in the United States were born
outside the country.
SEC. 3. PURPOSE.
The purpose of this Act is to improve the educational, social, and
economic advancement of families with limited English proficient
individuals in need of literacy skills by expanding and enhancing
family literacy services for such families.
SEC. 4. COMPETITIVE GRANT PROGRAM.
(a) Program Authorized.--From funds made available pursuant to
section 9, and after reserving funds under section 9(b), the Secretary
may award grants to family literacy providers to provide, directly or
through a contract with another provider, family literacy services
designed for families with limited English proficient individuals. Each
grant under this Act shall be for a period of 1 year and may be renewed
for a total of 5 additional years.
(b) Application.--Family literacy providers who desire to receive a
grant under this Act shall submit an application at such time,
containing such information, and in such manner as the Secretary may
require. Such application shall include the following:
(1) An assurance that services provided with funds under
this Act shall be provided to the hardest-to-reach populations,
including populations with the greatest economic and social
need.
(2) A description of the services that will be provided
with funds under this Act, including how the services will be
based on research-based reading instruction for children who
are English learners and parents who are limited English
proficient.
(3) A description of the outcome measures, consistent with
section 6, that are based on scientifically based research and
will be employed by the family literacy provider to measure the
effectiveness of services provided with funds under this Act.
(4) An assurance that, in providing family literacy
services through the grant, the family literacy provider will
collaborate with one or more of the following:
(A) A local educational agency.
(B) An elementary school.
(C) A secondary school.
(D) A nonprofit entity.
(c) Grant Amount.--The amount of a grant under this Act for a
fiscal year shall not be less than $150,000 or more than $1,000,000.
(d) Services Requirements.--Family literacy services under this Act
shall be provided in sufficient intensity in terms of hours, and shall
be of sufficient duration, to make sustainable changes in a family and
shall integrate all of the following activities:
(1) Interactive literacy activities between parents and
their children.
(2) Training for parents regarding how to be the primary
teacher for their children and full partners in the education
of their children.
(3) Parent literacy training that leads to economic self-
sufficiency.
(4) An age-appropriate education to prepare children for
success in school and life experiences.
(e) Special Rule.--Family literacy services under this Act may be
provided to a family only if--
(1) each parent in the family has attained 16 years of age;
and
(2) the family has at least one child from birth who has
not yet attained 8 years of age.
SEC. 5. TECHNICAL ASSISTANCE AND TRAINING.
(a) Activities by Secretary.--The Secretary, acting through the
Assistant Secretary for Elementary and Secondary Education, shall,
through grants or contracts as described in subsection (b), provide
technical assistance and training to grantees under this Act for the
purposes described in subsection (c).
(b) Activities by National Organizations.--
(1) In general.--The Secretary shall make grants to, or
enter into contracts with, at least 2 eligible national
organizations to provide technical assistance and training to
grantees under this Act for the purposes described in
subsection (c).
(2) Definition.--In this section, the term ``eligible
national organization'' means a national organization with
expertise in providing family literacy services to limited
English proficient populations.
(c) Purposes.--The purposes of technical assistance and training
provided under this section are the following:
(1) Assisting grantees under this Act to improve the
quality of their family literacy services.
(2) Enabling such grantees that demonstrate the effective
provision of family literacy services, based on improved
outcomes for children and their parents, to provide technical
assistance and training to government agencies and to family
literacy providers that work in collaboration with such
agencies to improve the quality of their family literacy
services.
(3) Assisting such grantees in the implementation of
literacy curriculum and training activities, including
curriculum and training activities that support building on a
child's native language.
(d) Reports to Congress.--Not later than 90 days after the end of
each fiscal year, the Secretary shall submit to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a
report on the technical assistance and training provided pursuant to
subsections (a) and (b). Each such report shall describe the actions
taken by the Secretary to ensure that such technical assistance and
training is of high-quality and is responsive to the needs of grantees
under this Act.
SEC. 6. OUTCOME MEASURES.
The Secretary shall require each family literacy provider receiving
a grant under this Act to meet culturally appropriate and competent
outcome measures described in the provider's application under section
4, including outcome measures with respect to--
(1) acquisition of the English language, including improved
educational levels;
(2) literacy skills and building of a home language;
(3) improved parenting and life skills;
(4) the improved ability of parents with limited English
proficiency to effectively interact with officials of the
schools their children attend;
(5) improved developmental skills and independent learning
of the children; and
(6) increased parental participation in their children's
education and home environments that are supportive of
educational endeavors.
SEC. 7. EVALUATION.
The Secretary shall conduct an annual evaluation of the grant
program under this Act. Such evaluation shall be used by the
Secretary--
(1) for program improvement;
(2) to further define the program's goals and objectives;
and
(3) to determine program effectiveness.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Application of esea terms.--The terms ``elementary
school'', ``English learner'', ``local educational agency'',
and ``secondary school'' have the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Family literacy provider.--The term ``family literacy
provider'' means an entity that--
(A) is located in a geographic area containing at
least one public elementary school or secondary school
with a majority enrollment of children who are English
learners; and
(B) is one of the following:
(i) A grantee under the Head Start Act (42
U.S.C. 9831 et seq.), or any other Federal or
State early childhood program.
(ii) An adult education provider.
(iii) A local educational agency.
(iv) A public or private nonprofit agency.
(v) Another entity that has the
demonstrated ability to provide family literacy
services to limited English proficient adults
and families.
(3) Scientifically based reading research.--The term
``scientifically based reading research'' means research that--
(A) applies rigorous, systematic, and objective
procedures to obtain valid knowledge relevant to
reading development, reading instruction, and reading
difficulties; and
(B) includes research that--
(i) employs systematic, empirical methods
that draw on observation or experiment;
(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations; and
(iv) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $50,000,000 for each of fiscal years 2017 through 2021.
(b) Reservations.--From funds made available pursuant to subsection
(a) for a fiscal year, the Secretary shall reserve--
(1) not more than 2 percent of such funds for conducting
the annual evaluation required by section 7; and
(2) $5,000,000 for technical assistance and training under
section 5. | Families Learning and Understanding English Together Act of 2016 This bill authorizes the Department of Education (ED) to make grants to providers of family literacy services in order to improve the literacy and English skills of limited English proficient individuals who are parents or children in families where each parent is at least age 16 and at least one child is under age 8. ED shall reserve certain funds to: (1) provide grantees with technical assistance and training, and (2) evaluate and improve the family literacy grant program. Grantees must meet specified outcome measures. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yuma Crossing National Heritage Area
Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) certain events that led to the establishment of the
Yuma Crossing as a natural crossing place on the Colorado
River, and to the development of the Yuma Crossing as an
important landmark in the westward expansion of the United
States during the mid-19th century, are of national historic
and cultural significance, based on the contribution of those
events to the development of the United States;
(2) it is in the interest of the United States to promote,
preserve, and protect, for the education and benefit of present
and future generations, physical remnants of a community that--
(A) possesses almost 500 years of recorded history;
and
(B) has significant cultural, historic, and
architectural value;
(3) the designation of the Yuma Crossing as a national
heritage area would--
(A) preserve the history of the Yuma Crossing area;
(B) provide related educational opportunities and
recreational opportunities;
(C) preserve natural resources;
(D) optimize the use of riverfront property; and
(E) improve the ability of the Yuma region to serve
visitors and enhance the local economy through the
completion of major projects identified within the Yuma
Crossing National Heritage Area;
(4) the Department of the Interior is responsible for
protecting the cultural and historic resources of the United
States;
(5) the quantity and quality of resources within the Yuma
region merit the involvement of the Federal Government in
developing programs and projects, in cooperation with the Yuma
Crossing National Heritage Area and other local and
governmental bodies--
(A) to adequately conserve, protect, and interpret
the heritage of the Yuma region for further
generations; and
(B) to provide opportunities for education,
revitalization, and economic development;
(6) the city of Yuma, the Arizona State Parks Board,
agencies of the Federal Government, corporate entities, and
citizens will complete a study and master plan for the Yuma
Crossing that meets established criteria by the National Park
Service--
(A) to determine the extent of the historic
resources present in the Yuma region;
(B) to preserve and interpret those historic
resources; and
(C) to assess the opportunities available to
enhance the cultural experience for visitors to and
residents of the Yuma region; and
(7) the Yuma Crossing National Heritage Area Board of
Directors would be an appropriate management entity for a
heritage area established in the Yuma region.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the role of the Yuma Crossing in the
development of the United States, with particular emphasis on
the position of the crossing as an important landmark in the
westward expansion of the United States during the mid-19th
century;
(2) to promote, interpret, and develop the physical and
recreational resources of the communities surrounding the Yuma
Crossing to preserve almost 500 years of recorded history and
the outstanding cultural, historic, and architectural assets of
the region for the education and benefit of present and future
generations;
(3) to foster a close working relationship with all levels
of government, the private sector, and the local communities in
the Yuma region;
(4) to empower the community to simultaneously conserve the
heritage and natural resources of the Yuma region while
continuing to pursue economic opportunities;
(5) to provide recreational opportunities for visitors to
the Yuma Crossing;
(6) to optimize the use of riverfront property; and
(7) to improve the ability of the Yuma region to serve
visitors and enhance the local economy through the completion
of major projects in the Heritage Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Yuma Crossing National Heritage Area established by section
4(a).
(2) Management entity.--The term ``management entity''
means the Yuma Crossing National Heritage Area Board of
Directors.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Yuma region.--The term ``Yuma region'' means the county
and city of Yuma, Arizona.
SEC. 4. YUMA CROSSING NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Yuma Crossing National
Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall be comprised of
those portions of the Yuma region totaling approximately 21
square miles, bounded--
(A) on the west, by the Colorado River (including
the crossing point of the Army of the West);
(B) on the east, by Avenue 7E;
(C) on the north, by the Colorado River; and
(D) on the south, by the 12th Street alignment.
(2) Land and resources.--The boundaries of the Heritage
Area described in paragraph (1) encompass--
(A) all land, the ownership of which is not in
dispute, that is within the boundaries and located in
the State of Arizona; and
(B) over 150 identified historic, geologic, and
cultural resources.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Yuma Crossing National Heritage Area Board of Directors
which shall include representatives from a broad cross-section of the
individuals, agencies, organizations, and governments that have been
involved in the planning and development of the Heritage Area to this
point. The management entity should also reflect those who may have an
interest in the purposes and objectives of the Heritage Area now and in
the future.
SEC. 5. COMPACT.
(a) In General.--To carry out this Act, the Secretary shall enter
into a compact with the management entity.
(b) Components of Compact.--The compact shall include information
relating to the objectives and management of the Heritage Area,
including--
(1) a discussion of the goals and objectives of the
Heritage Area;
(2) an explanation of the proposed approach to conservation
and interpretation of the Heritage Area; and
(3) a general outline of the protection measures to which
the management entity commits.
(c) Submission and Approval or Disapproval of Compact.--
(1) Submission.--The management entity shall submit to the
Secretary a proposed compact not later than 1 year after the
date of enactment of this Act.
(2) Approval or disapproval.--Not later than 90 days after
receiving the compact under paragraph (1), the Secretary shall
approve or disapprove the proposed compact.
(3) Procedures on disapproval.--
(A) In general.--If the Secretary disapproves a
proposed compact, the Secretary shall--
(i) advise the management entity, in
writing, of the reasons for the disapproval;
and
(ii) make recommendations for revisions of
the proposed compact.
(B) Approval or disapproval of revisions.--Not
later than 90 days after receiving any proposed
revision to a proposed compact from the management
entity, the Secretary shall approve or disapprove the
proposed revision.
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT
ENTITY.
(a) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area, taking into
consideration existing State, county, and local plans.
(2) Contents.--The management plan shall include--
(A) comprehensive recommendations for conservation,
funding, management, and development of the Heritage
Area;
(B) a description of actions to be carried out by
units of government and private organizations to
protect the resources of the Heritage Area;
(C) a list of specific existing and potential
sources of funding to protect, manage, and develop the
Heritage Area;
(D) an inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that--
(i) is related to the themes of the
Heritage Area; and
(ii) should be preserved, restored,
managed, developed, or maintained because of
the natural, cultural, historical,
recreational, or scenic significance of the
property;
(E) a recommendation of policies for resource
management that take into consideration and describe
any benefits of the application of appropriate land and
water management techniques, including the development
of intergovernmental cooperative agreements to protect
the natural, cultural, historical, recreational, and
scenic resources of the Heritage Area in a manner
consistent with supporting appropriate and compatible
economic viability;
(F) a program for implementation of the management
plan by the management entity, including--
(i) plans for restoration and construction;
and
(ii) specific commitments of the identified
partners for the first 5 years of operation;
(G) an analysis of methods by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act; and
(H) an interpretation plan for the Heritage Area.
(3) Submission to secretary.--The management entity shall
submit the management plan to the Secretary for approval not
later than 3 years after the date of enactment of this Act.
(4) Approval and disapproval of management plans.--
(A) In general.--Not later than 90 days after
receiving a management plan under paragraph (3), the
Secretary, in consultation with the management entity,
shall approve or disapprove the management plan.
(B) Procedures on disapproval.--
(i) In general.--If the Secretary
disapproves the management plan, the Secretary
shall--
(I) advise the management entity,
in writing, of the reasons for the
disapproval; and
(II) make recommendations for
revisions of the management plan.
(ii) Approval or disapproval of
revisions.--Not later than 90 days after
receiving any proposed revision to the
management plan from the management entity, the
Secretary shall approve or disapprove the
proposed revision.
(5) Amendments to management plan.--Any substantial
amendment to the management plan--
(A) shall be reviewed by the Secretary; and
(B) shall not be implemented by the expenditure of
funds made available under this Act until such time as
the Secretary approves the amendment.
(b) Duties of Management Entity.--In addition to the
responsibilities described in subsection (a), the management entity
shall--
(1) give priority to implementing actions set forth in the
compact under section 5 and the management plan, including
actions to assist units of government, regional planning
organizations, and nonprofit organizations in preserving the
Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, cultural, historical, recreational,
and scenic resources and sites in the Heritage Area;
(D) restoring any historic building relating to the
themes of the Heritage Area and
(E) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are installed throughout
the Heritage Area;
(3) encourage, by appropriate means, economic viability in
the Heritage Area consistent with the goals of the management
plan;
(4) encourage local governments to adopt policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(5) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(6) conduct public meetings at least quarterly regarding
the implementation of the management plan; and
(7) for any year in which Federal funds are received under
this Act--
(A) to make available for audit all records
pertaining to the expenditure of the funds and any
matching funds; and
(B) require, for all agreements authorizing the
expenditure of Federal funds by other organizations,
that the receiving organizations make available for
audit all records pertaining to the expenditure of the
funds.
(c) Use of Funds.--The management entity may, for the purposes of
preparing and implementing the management plan, use funds made
available under this Act--
(1) to make grants to, and enter into cooperative
agreements with, States (including political subdivisions),
private organizations, or any person;
(2) to hire and compensate staff; and
(3) to enter into contracts for goods and services.
(d) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds received under this Act
to acquire real property or any interest in real property.
(e) Federal Funds From Other Sources.--Nothing in this Act
prohibits the management entity from using Federal funds from other
sources for permitted purposes.
(f) Spending for Non-Federally Owned Property.--The management
entity may use Federal funds received under this Act to carry out
activities on property that is not owned by the Federal Government to
further the purposes of this Act, especially to assist units of
government in the appropriate treatment of districts, sites, buildings,
structures, and objects that are listed or eligible for listing on the
National Register of Historic Places.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--The Secretary may, on
request of the management entity, provide technical and financial
assistance to the management entity to develop and implement the
management plan, including assistance in actions to--
(1) conserve the significant natural, cultural, historical,
recreational, and scenic resources that support the themes of
the Heritage Area; and
(2) provide educational, interpretive, and recreational
opportunities consistent with the resources and associated
values of the Heritage Area.
(b) Documentation.--The Historic American Building Survey/Historic
American Engineering Record shall conduct any study necessary to
document the natural, cultural, historical, recreational, and scenic
resources of the Heritage Area.
SEC. 8. TERMINATION OF AUTHORITY.
The authority of the Secretary to make a grant or provide
assistance under this Act terminates on September 30, 2015.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act not more than $1,000,000 for any fiscal year, of which not
more than a total of $10,000,000 may be used for the Heritage Area.
(b) Federal Share.--Federal funds provided under this Act after the
date of enactment of this Act shall not exceed 50 percent of the total
cost of any assistance or grant provided or authorized under this Act. | Requires the management entity to develop and submit to the Secretary for approval a management plan for the Heritage Area. Describes duties of the management entity, including to: (1) assist governments and organizations in increasing public awareness, and developing recreational resources, of the Heritage Area; and (2) encourage economic viability in the Heritage Area.
Prohibits the management entity from using Federal funds received under this Act to acquire real property or interests in real property. Authorizes the management entity to use Federal funds on non-federally owned property to further this Act's purposes.
Authorizes the Secretary, on request of the management entity, to provide technical and financial assistance to the management entity to develop and implement the management plan.
Terminates the Secretary's authority to provide assistance under this Act on September 30, 2015.
Authorizes appropriations. Limits Federal funding to 50 percent of the total cost of any assistance or grant under this Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Chance Homes Promotion Act of
2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has the highest rates of teenage
pregnancy and births in the western industrialized world.
(2) Teenage pregnancy costs the United States at least
$7,000,000,000 annually. Four in 10 young women become pregnant
at least once before they reach the age of 20, for a total of
nearly 1,000,000 teenage pregnancies a year. Eight in 10 of
these pregnancies are unintended, and 79 percent are to
unmarried teens.
(3) Teenage mothers are less likely than other teens to
complete high school. Only \1/3\ of teenage mothers receive a
high school diploma. Teenage mothers are also more likely than
other individuals to become dependent on welfare, with nearly
80 percent of unmarried teenage mothers ending up on welfare.
(4) The children of teenage mothers have lower birth
weights, are more likely to perform poorly in school, and are
at greater risk of abuse and neglect than are other children.
The sons of teenage mothers are 13 percent more likely than
other males to end up in prison, while daughters of teenage
mothers are 22 percent more likely than other females to become
teenage mothers themselves.
(5) In the amendments made by the 1996 welfare reform
legislation, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Congress endorsed the concept of
``second chance homes'' as an alternative for minor teenage
parents required by the law to live at home or under adult
supervision. The law required States to ``provide, or assist
the individual in locating, a second chance home, maternity
home, or other appropriate adult-supervised supportive living
arrangement''. According to a 1999 report by the Center for Law
and Social Policy, 18 States had no policy for helping families
with teenage parents find shelter. A 1998 survey by the Center
on Law and Social Policy found that in the 9 States that keep
data on minors ineligible for welfare, 1,300 teens were denied
assistance under State temporary assistance for needy families
programs because of their living situations.
(6) Second chance homes offer the 3 elements that teenage
welfare mothers need to change their lives--
(A) socialization;
(B) nurturing and support; and
(C) structure and discipline.
(7) These homes have produced the following notable and
promising results:
(A) Few second pregnancies.
(B) Slightly higher adoption rates.
(C) Less child abuse.
(D) Better maternal and child health.
(E) Dramatically increased school completion rates
for mothers.
(F) Higher employment rates.
(G) Reduced welfare dependency.
SEC. 3. SECOND CHANCE HOME PROGRAM AUTHORIZATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') is authorized to award
grants to eligible entities to enable such eligible entities to carry
out the activities described in section 6.
(b) Process.--The Secretary shall award grants under this Act on a
competitive basis, after reviewing all applications submitted under
section 5.
SEC. 4. ELIGIBLE ENTITIES.
(a) In General.--To be eligible to receive a grant under this Act,
an entity shall be--
(1) a State;
(2) a unit of local government;
(3) an Indian tribe; or
(4) a public or private nonprofit agency, organization, or
institution, or other nonprofit entity, including a nonprofit
urban Indian organization or an Indian group or community that
is not an Indian tribe.
(b) Definitions.--In this section--
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
SEC. 5. APPLICATION.
(a) In General.--An eligible entity that desires a grant under this
Act shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary shall
reasonably require.
(b) Priority.--In awarding grants under this Act, the Secretary
shall give priority to an eligible entity that submits an application--
(1) proposing to establish a new second chance home,
especially in a rural area or tribal community;
(2) proposing to collaborate with a non-profit entity in
establishing, expanding, or enhancing a second chance home; or
(3) demonstrating that the eligible entity will use funds
under a State temporary assistance for needy families program
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) to support a portion of the operating costs of the
applicable second chance home.
SEC. 6. USE OF FUNDS.
(a) In General.--An eligible entity that receives a grant under
this Act shall use such grant funds to establish, expand, or enhance a
second chance home.
(b) Second Chance Home.--In this Act, the term ``second chance
home'' means a community-based, adult-supervised group home that
provides young mothers and their children with a supportive and
supervised living arrangement in which such mothers are required to
learn parenting skills, including child development, family budgeting,
health and nutrition, and other skills to promote their long-term
economic independence and the well-being of their children.
(c) Requirement.--A second chance home that receives grant funds
under this Act shall provide services to mothers who are not more than
23 years of age and their children.
SEC. 7. MATCHING FUNDS.
The Secretary shall not award a grant to an eligible entity under
this Act unless the eligible entity agrees that, with respect to the
costs to be incurred in carrying out the activities for which the grant
was awarded, the eligible entity will make available non-Federal
contributions in an amount equal to not less than 20 percent of the
Federal funds provided under the grant. Such contributions may be
provided in cash or in kind, fairly valued, including plant, equipment,
or services.
SEC. 8. DURATION.
Grants under this Act shall be awarded for a period of 5 years.
SEC. 9. CONTRACT FOR EVALUATION.
(a) In General.--The Secretary shall enter into a contract with a
public or private entity for the evaluation of the second chance homes
that are supported by grant funds under this Act.
(b) Information.--The evaluation shall include the collection of
information about the relevant characteristics of individuals who
benefit from second chance homes such as those that are supported by
grant funds under this Act and what services provided by such second
chance homes are most beneficial to such individuals.
(c) Report.--
(1) In general.--The entity conducting the evaluation under
this section shall submit to Congress an interim report and a
final report in accordance with paragraph (2) containing the
results of the evaluation.
(2) Date.--
(A) Interim report.--The interim report shall be
submitted not later than 2 years after the date on
which the entity enters into a contract.
(B) Final report.--The final report shall be
submitted not later than 5 years after the date on
which the entity enters into a contract.
SEC. 10. TECHNICAL ASSISTANCE.
(a) In General.--From amounts appropriated under section 11(a), the
Secretary may use an amount not to exceed $500,000 to enter into a
contract, with a public or private entity, for the provision of
technical assistance to eligible entities receiving grant funds under
this Act.
(b) Conferences.--The technical assistance provided under this
section may include conferences for the purpose of disseminating
information concerning best practices for second chance homes.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act, other than section 9, $45,000,000 for fiscal year 2002.
(b) Evaluation.--There is authorized to be appropriated to carry
out section 9, $1,000,000 for fiscal year 2002.
(c) Availability.--Any amounts authorized under the authority of
subsections (a) and (b) shall remain available until expended. | Second Chance Homes Promotion Act of 2001 Authorizes the Secretary of Health and Human Services to award grants on a competitive and matching-funds basis to enable eligible entities to establish, expand, or enhance a community-based, adult-supervised group home that provides mothers age 23 or under and their children with a supportive and supervised living arrangement in which such mothers are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``NOAA Chesapeake Bay Watershed
Monitoring, Education, Training, and Restoration Act''.
SEC. 2. CHESAPEAKE BAY OFFICE PROGRAMS.
Section 307 of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (15 U.S.C. 1511d) is amended--
(1) by redesignating subsections (d) and (e), as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (c), the following new
subsections:
``(d) Chesapeake Bay Integrated Observing System.--
``(1) Establishment.--
``(A) In general.--Not later than 1 year after the
date of enactment of the NOAA Chesapeake Bay Watershed
Monitoring, Education, Training, and Restoration Act,
the Director shall collaborate with scientific and
academic institutions, Federal agencies, State and
nongovernmental organizations, and other constituents
located in the Chesapeake Bay watershed to establish a
Chesapeake Bay Integrated Observing System (in this
section referred to as the `System').
``(B) Purpose.--The purpose of the System is to
provide information needed to restore the health of the
Chesapeake Bay, on such topics as land use,
environmental quality of the Bay and its shoreline,
coastal erosion, ecosystem health and performance,
aquatic living resources and habitat conditions, and
weather, tides, currents, and circulation.
``(C) Elements of system.--The System shall
coordinate existing monitoring and observing activities
in the Chesapeake Bay watershed, identify new data
collection needs, and deploy new technologies to
provide a complete set of environmental information for
the Chesapeake Bay, including the following activities:
``(i) Collecting and analyzing the
scientific information related to the
Chesapeake Bay that is necessary for the
management of living marine resources and the
marine habitat associated with such resources.
``(ii) Managing and interpreting the
information described in clause (i).
``(iii) Organizing the information
described in clause (i) into products that are
useful to policy makers, resource managers,
scientists, and the public.
``(iv) Developing or supporting the
development of an Internet-based information
system for integrating, interpreting, and
disseminating coastal information, products,
and forecasts concerning the Chesapeake Bay
watershed related to--
``(I) climate;
``(II) land use;
``(III) coastal pollution and
environmental quality;
``(IV) coastal hazards;
``(V) ecosystem health and
performance;
``(VI) aquatic living resources and
habitat conditions and management;
``(VII) economic and recreational
uses; and
``(VIII) weather, tides, currents,
and circulation that affect the
distribution of sediments, nutrients,
organisms, coastline erosion, and
related physical and chemical events
and processes.
``(D) Agreements to provide data, information, and
support.--The Director may enter into agreements with
other entities of the National Oceanic and Atmospheric
Administration, other Federal, State, or local
government agencies, academic institutions, or
organizations described in subsection (e)(2)(A)(i) to
provide and interpret data and information, and may
provide appropriate support to such agencies,
institutions, or organizations to fulfill the purposes
of the System.
``(E) Agreements relating to information
products.--The Director may enter into grants,
contracts, and interagency agreements with eligible
entities for the collection, processing, analysis, and
interpretation of data and information and for
electronic publication of information products.
``(e) Chesapeake Bay Watershed Education and Training Program.--
``(1) Establishment.--
``(A) In general.--The Director, in cooperation
with the Chesapeake Executive Council, shall establish
a Chesapeake Bay watershed education and training
program.
``(B) Purposes.--The program established under
subparagraph (A) shall continue and expand the
Chesapeake Bay watershed education programs offered by
the Chesapeake Bay Office for the purposes of--
``(i) improving the understanding of
elementary and secondary school students and
teachers of the living resources of the
ecosystem of the Chesapeake Bay;
``(ii) providing community education to
improve watershed protection; and
``(iii) meeting the educational goals of
the Chesapeake 2000 agreement.
``(2) Grant program.--
``(A) Authorization.--The Director is authorized to
award grants to pay the Federal share of the cost of a
project described in subparagraph (C) to--
``(i) a nongovernmental organization in the
Chesapeake Bay watershed that is described in
section 501(c) of the Internal Revenue Code of
1986 and is exempt from taxation under section
501(a) of that Code;
``(ii) a consortium of institutions
described in clause (i);
``(iii) an elementary or secondary school
located within the Chesapeake Bay watershed;
``(iv) a teacher at a school described in
clause (iii); or
``(v) a department of education of a State
if any part of such State is within the
Chesapeake Bay watershed.
``(B) Criteria.--The Director shall consider, in
awarding grants under this subsection, the experience
of the applicant in providing environmental education
and training projects regarding the Chesapeake Bay
watershed to a range of participants and in a range of
settings.
``(C) Functions and activities.--Grants awarded
under this subsection may be used to support education
and training projects that--
``(i) provide classroom education,
including the use of distance learning
technologies, on the issues, science, and
problems of the living resources of the
Chesapeake Bay watershed;
``(ii) provide meaningful outdoor
experience on the Chesapeake Bay, or on a
stream or in a local watershed of the
Chesapeake Bay, in the design and
implementation of field studies, monitoring and
assessments, or restoration techniques for
living resources;
``(iii) provide professional development
for teachers related to the science of the
Chesapeake Bay watershed and the dissemination
of pertinent education materials oriented to
varying grade levels;
``(iv) demonstrate or disseminate
environmental educational tools and materials
related to the Chesapeake Bay watershed;
``(v) demonstrate field methods, practices,
and techniques including assessment of
environmental and ecological conditions and
analysis of environmental problems; and
``(vi) develop or disseminate projects
designed to--
``(I) enhance understanding and
assessment of a specific environmental
problem in the Chesapeake Bay watershed
or of a goal of the Chesapeake Bay
Program;
``(II) protect or restore living
resources of the Chesapeake Bay
watershed; or
``(III) educate local land use
officials and decision makers on the
relationship of land use to natural
resource and watershed protection.
``(D) Federal share.--The Federal share of the cost
of a project funded with a grant awarded under this
subsection shall not exceed 75 percent of the total
cost of that project.
``(f) Stock Enhancement and Habitat Restoration Program.--
``(1) Establishment.--
``(A) In general.--Not later than 1 year after the
date of enactment of the NOAA Chesapeake Bay Watershed
Monitoring, Education, Training, and Restoration Act,
the Director, in cooperation with the Chesapeake
Executive Council, shall establish a Chesapeake Bay
watershed stock enhancement and habitat restoration
program.
``(B) Purpose.--The purpose of the program
established in subparagraph (A) is to support the
restoration of oysters and submerged aquatic vegetation
in the Chesapeake Bay.
``(2) Activities.--To carry out the purpose of the program
established under paragraph (1)(A), the Director is authorized
to enter into grants, contracts, and cooperative agreements
with an eligible entity to support--
``(A) the establishment of oyster hatcheries;
``(B) the establishment of submerged aquatic
vegetation propagation programs; and
``(C) other activities that the Director determines
are appropriate to carry out the purposes of such
program.
``(g) Chesapeake Bay Aquaculture Education.--The Director is
authorized to make grants and enter into contracts with an institution
of higher education, including a community college, for the purpose
of--
``(1) supporting education in Chesapeake Bay aquaculture
sciences and technologies; and
``(2) developing aquaculture processes and technologies to
improve production, efficiency, and sustainability of disease-
free oyster spat and submerged aquatic vegetation.''.
SEC. 3. REPORT.
Section 307(b)(7) of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 (15 U.S.C. 1511d(b)(7)), is
amended to read as follows:
``(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of the
Office, including--
``(A) a description of the progress made in
protecting and restoring the living resources and
habitat of the Chesapeake Bay;
``(B) a description of each grant awarded under
this section since the submission of the most recent
biennial report, including the amount of such grant and
the activities funded with such grant; and
``(C) an action plan consisting of--
``(i) a list of recommended research,
monitoring, and data collection activities
necessary to continue implementation of the
strategy described in paragraph (2); and
``(ii) proposals for--
``(I) continuing any new National
Oceanic and Atmospheric Administration
activities in the Chesapeake Bay; and
``(II) integration of those
activities with the activities of the
partners in the Chesapeake Bay Program
to meet the commitments of the
Chesapeake 2000 agreement and
subsequent agreements.''.
SEC. 4. DEFINITIONS.
Subsection (h) of section 307 of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d),
as redesignated by section 2(1), is amended to read as follows:
``(h) Definitions.--In this section:
``(1) Chesapeake executive council.--The term `Chesapeake
Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the Environmental Protection
Agency, the District of Columbia, and the Chesapeake Bay
Commission, who are signatories to the Chesapeake Bay
Agreement, and any future signatories to that Agreement.
``(2) Chesapeake 2000 agreement.--The term `Chesapeake 2000
agreement' means the agreement between the United States,
Maryland, Pennsylvania, Virginia, the District of Columbia, and
the Chesapeake Bay Commission entered into on June 28, 2000.
``(3) Eligible entity.--Except as provided in subsection
(c), the term `eligible entity' means--
``(A) the government of a State in the Chesapeake
Bay watershed or the government of the District of
Columbia;
``(B) the government of a political subdivision of
a State in the Chesapeake Bay watershed, or a political
subdivision of the government of the District of
Columbia;
``(C) an institution of higher education, including
a community college;
``(D) a nongovernmental organization in the
Chesapeake Bay watershed that is described in section
501(c) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of that Code;
or
``(E) a private entity that the Director determines
to be appropriate.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Subsection (i) of section 307 of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d),
as redesignated by section 2(1), is amended to read as follows:
``(i) Authorization of Appropriations.--
``(1) FY 2002 through 2005.--There are authorized to be
appropriated to the Department of Commerce for the Chesapeake
Bay Office $6,000,000 for each of the fiscal years 2002 through
2005.
``(2) FY 2006 through 2010.--There are authorized to be
appropriated to the Department of Commerce for the Chesapeake
Bay Office $26,000,000 for each of the fiscal years 2006
through 2010. Of the amount appropriated pursuant to such
authorization of appropriations--
``(A) for each of the fiscal years 2006 through
2010, $1,000,000 is authorized to be made available to
carry out the provisions of subsection (d);
``(B) for each of the fiscal years 2006 through
2010, $6,000,000 is authorized to be made available to
carry out the provisions of subsection (e);
``(C) for each of the fiscal years 2006 through
2010, $10,000,000 is authorized to be made available to
carry out the provisions of subsection (f);
``(D) for each of the fiscal years 2006 through
2010, $1,000,000 to carry out the provisions of
subsection (g).''. | NOAA Chesapeake Bay Watershed Monitoring, Education, Training, and Restoration Act - Requires the Director of the Chesapeake Bay Office, within the National Oceanic and Atmospheric Administration (NOAA), to establish a Chesapeake Bay Integrated Observing System.
Directs the System to coordinate existing monitoring and observing activities in the Chesapeake Bay watershed, identify new data collection needs, and deploy new technologies to provide a complete set of environmental information needed to restore the health of the Chesapeake Bay.
Requires the Director to establish programs for: (1) watershed education and training; and (2) watershed stock enhancement and habit restoration.
Authorizes the Director to make grants and enter into contracts with an institution of higher education to support education in Chesapeake Bay aquaculture sciences and technologies, including to develop aquaculture processes and technologies to improve production of disease-free oyster spat and submerged aquatic vegetation. | billsum_train |
Make a summary of the following text: SECTION 1. MATCHING WILLING UNITED STATES WORKERS WITH EMPLOYERS.
(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended--
(1) by redesignating the subsection (t) added by section
1(b)(2) of Public Law 108-449 (118 Stat. 3470) as subsection
(u); and
(2) by adding at the end the following:
``(v)(1) No alien may be admitted or provided status as a
nonimmigrant under section 101(a)(15)(H)(ii)(b) unless the employer, in
addition to meeting all other requirements specified in this Act, has
filed with the Secretary of Homeland Security and the Secretary of
Labor the following:
``(A) A signed attestation stating that the employer, prior
to filing the attestation, advertised each position for which
the employer seeks such a nonimmigrant on the Internet-based
job database provided jointly by the Department of Labor and
State employment security agencies and known as `America's Job
Bank' for at least 14 consecutive days.
``(B) Documentation from the employer's account on such
database showing the number of jobs posted by the employer and
the number of resumes the employer received in response to each
job posting.
``(2)(A) The Secretary of Labor, in consultation with the Secretary
of Homeland Security, shall establish procedures to verify the accuracy
and veracity of the documentation required under paragraph (1)(B).
``(B) An employer found to have submitted false or inaccurate
documentation shall be ineligible to file a petition under section
214(c)(1) with respect to any nonimmigrant under section
101(a)(15)(H)(ii)(b)--
``(i) for a period of 3 years in the case of a first
violation; and
``(ii) for a period of 10 years in the case of a second or
subsequent violation.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 2. MATCHING NONIMMIGRANT WORKERS WITH EMPLOYERS.
(a) In General.--Section 214(g)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(B)) is amended to read as follows:
``(B) under section 101(a)(15)(H)(ii)(b) may not exceed
131,000, of which not more than 65,500 aliens shall be issued
visas or otherwise provided nonimmigrant status during the
first 6 months of such fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act.
SEC. 3. ENSURING THAT H-2B WORKERS RETURN HOME.
(a) Discouraging Community Ties.--Section 101(a)(15)(H) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended,
in the matter following clause (iii), by striking ``this paragraph if
accompanying'' and inserting ``this subparagraph, except any alien
described in section 101(a)(15)(H)(ii)(b), if accompanying''.
(b) Establishing Realistic Expectations.--Section 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In order to overcome the presumption described in paragraph
(1), an alien seeking the nonimmigrant status described in section
101(a)(15)(H)(ii)(b), at the time of application for a nonimmigrant
visa, shall be required to execute as a contract an affidavit--
``(A) stating that the alien understands the terms of such
nonimmigrant status, including the prohibition on accompanying
family members and the requirement that the alien depart the
United States before the alien's period of authorized stay
expires;
``(B) stating that the alien agrees--
``(i) to depart the United States in full
compliance with the requirements of the entry and exit
data system (as defined in section 7208(b) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b(b))), once such requirements are
implemented at the port of departure from which the
alien intends to departs; and
``(ii) to appear in person before an immigration
inspector immediately prior to departure from the
United States so that the inspector can record the
alien's departure until such time as such requirements
are implemented; and
``(C) affirming that the alien understands that the alien
will be permanently ineligible for any immigrant or
nonimmigrant visa should the alien fail to depart the United
States in the manner described in subparagraph (B).
``(3) At each port of departure where the exit procedures of the
system referred to in paragraph (2)(B)(i) have not been implemented or
are not functional at all times the port is open, the Secretary of
Homeland Security shall designate at least one inspector during each
shift to record the departure of nonimmigrants described in section
101(a)(15)(H)(ii)(b).''.
SEC. 4. MANDATORY PARTICIPATION IN BASIC PILOT PROGRAM.
Section 402(e) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Employers of h-2b nonimmigrants.--Beginning January
1, 2006, any employer who employs one or more aliens described
in section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) shall
participate in, and comply with the terms of, the basic pilot
program described in section 403(a) with respect to all hiring,
recruitment, or referral conducted by the employer. In addition
to the consequences described in paragraph (4), failure to
comply with the preceding sentence shall result in permanent
revocation by the Secretary of Homeland Security of the
authority of the employer to employ aliens described in such
section 101(a)(15)(H)(ii)(b).''.
SEC. 5. OFFSETS FOR THE INCREASE IN H-2B CAP.
(a) Elimination of Diversity Immigrant Program.--
(1) Worldwide level of diversity immigrants.--Section 201
of the Immigration and Nationality Act (8 U.S.C. 1151) is
amended--
(A) in subsection (a)--
(i) by inserting ``and'' at the end of
paragraph (1);
(ii) by striking ``; and'' at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3); and
(B) by striking subsection (e).
(2) Allocation of diversity immigrant visas.--Section 203
of such Act (8 U.S.C. 1153) is amended--
(A) by striking subsection (c);
(B) in subsection (d), by striking ``(a), (b), or
(c),'' and inserting ``(a) or (b),'';
(C) in subsection (e), by striking paragraph (2)
and redesignating paragraph (3) as paragraph (2);
(D) in subsection (f), by striking ``(a), (b), or
(c)'' and inserting ``(a) or (b)''; and
(E) in subsection (g), by striking ``(a), (b), and
(c)'' and inserting ``(a) and (b)''.
(3) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) by striking subsection (a)(1)(I); and
(B) in subsection (e), by striking ``(a), (b), or
(c)'' and inserting ``(a) or (b)''.
(b) Elimination of ``Other Workers'' Classification.--
(1) Worldwide level of employment-based immigrants.--
Section 201(d)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1151(d)(1) (A)) is amended by striking ``140,000,'' and
inserting ``130,000,''.
(2) Preference allocation for employment-based
immigrants.--Section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)) is amended--
(A) in paragraph (1), by striking ``28.6'' and
inserting ``30.8'';
(B) in paragraph (2), by striking ``28.6'' and
inserting ``30.8'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``28.6'' and
inserting ``23.1''; and
(II) by striking clause (iii);
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B);
(D) in paragraph (4), by striking ``7.1'' and
inserting ``7.65''; and
(E) in paragraph (5), by striking ``7.1'' and
inserting ``7.65''.
(c) Modifications to ``NACARA'' Temporary Reductions.--Section 203
of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C.
1101 note) is amended--
(1) by amending the subsection heading of subsection (d) to
read as follows: ``Temporary Reduction in Visas for Brothers
and Sisters of Citizens.--'';
(2) in paragraph (1) of subsection (d), by striking
``section 201(e)'' and all that follows through the period and
inserting ``section 203(a)(4) of the Immigration and
Nationality Act shall be reduced by 10,000 from the number of
visas otherwise available under such section for such fiscal
year.'';
(3) by striking subsection (e); and
(4) by redesignating subsection (f) as subsection (e).
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year that begins after the
date of the enactment of this Act. | Amends the Immigration and Nationality Act to prohibit the admission of aliens as H-2B (temporary nonagricultural worker) nonimmigrants unless the employer has filed with the Secretaries of Homeland Security and Labor: (1) an attestation stating that the employer advertised each such position on America's Job Bank for at least 14 consecutive days; and (2) documentation showing the number of jobs posted by the employer and the number of resumes received in response. Makes employers who submit false or inaccurate documentation ineligible to petition for H-2B nonimmigrants for specified periods.
Increases to 131,000 the number of aliens who may be granted H-2B status in any fiscal year (currently, 66,000). Requires not more than half of such number to be granted in the first six months of the fiscal year.
Precludes derivative status for the spouses and minor children of aliens granted H-3 (trainee) nonimmigrant status who themselves hold H-2B status. Requires aliens seeking H-2B nonimmigrant status to execute a contract: (1) stating that they understand the terms of such status; (2) agreeing to depart in full compliance with the entry-exit system (when implemented) and to appear before an immigration inspector; and (3) affirming their understanding that failing to so depart will result in permanent ineligibility for an immigrant or nonimmigrant visa.
Requires all employers of H-2B nonimmigrants to participate in the basic pilot (employment eligibility verification) program.
Eliminates the diversity immigrant program. Reduces the worldwide level of employment-based immigrants. Eliminates the category of "other workers" from the preference allocation for employment-based immigrants.
Amends the Nicaraguan Adjustment and Central American Relief Act to reflect elimination of the above-referenced programs. Inserts a provision temporarily reducing visas for the adult brothers and sisters of U.S. citizens. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Transportation Infrastructure
Research and Technology Transfer Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Transportation infrastructure contributes to the
pollution of surface and ground water because it is comprised
of impervious surfaces that concentrate contaminants which are
introduced into the water supply during storms.
(2) Scientists and engineers have developed numerous
technologies that can be incorporated into transportation
infrastructure which control stormwater and mitigate nonpoint
source water pollution.
(3) There has not been widespread implementation of green
transportation infrastructure by governments or private
industry because of technical, regulatory, and social barriers,
such as lack of training and awareness for builders.
(4) The Federal Highway Administration, in partnership with
the Environmental Protection Agency, has the technical
expertise and capacity to promote the use of green
transportation infrastructure technologies by State and local
governments and private industry through education and outreach
and technical assistance programs.
SEC. 3. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS.
(a) Establishment.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by inserting after section 5505 following new
section:
``SEC. 5505A. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS.
``(a) Green Transportation Infrastructure Research and Technology
Transfer.--The Secretary of Transportation shall make grants to
nonprofit institutions of higher learning or consortia thereof to
establish and operate university transportation centers to carry out
research and development and technology transfer activities in the
field of green transportation infrastructure.
``(b) Objectives.--The purpose of Centers established pursuant to
this section shall be to--
``(1) generate innovative and cost-effective approaches to
mitigating environmental impacts throughout the lifecycle of
transportation infrastructure;
``(2) develop holistic approaches to integrating green
infrastructure into existing wastewater management systems;
``(3) promote adoption of innovative green transportation
infrastructure systems by State and local governments and the
private sector; and
``(4) manage technology transfer programs to disseminate
information on best management practices in the area of green
transportation infrastructure to State and local governments
and the private sector.
``(c) Selection of Grant Recipients.--
``(1) Applications.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher
learning or consortia thereof shall submit to the Secretary an
application that is in such form and contains such information
as the Secretary may require.
``(2) Merit review; priority.--Grants shall be awarded
under this section on a merit-reviewed competitive basis.
``(3) Regional centers.--To the greatest extent
practicable, the Secretary shall ensure that there is at least
one grant recipient from each of the 10 United States
Government regions that comprise the Standard Federal Regional
Boundary System.
``(4) Selection criteria.--Except as otherwise provided by
this section, the Secretary shall select each recipient of a
grant under this section through a merit-reviewed competitive
process on the basis of the following:
``(A) Demonstrated expertise in transportation
research and environmental impacts of transportation
infrastructure.
``(B) Demonstrated research capacity and technology
transfer resources.
``(C) Existing or proposed partnerships with State
and local governments and private industry involved in
transportation-related construction, environmental
impact mitigation, or other areas related to green
transportation infrastructure research.
``(D) Capability to provide leadership in
developing national best management practices, regional
best management practices, or both in the field of
green transportation infrastructure.
``(E) Expertise in specific regional climate
characteristics which impact the effectiveness of green
transportation infrastructure technologies and
practices.
``(F) Demonstrated ability to disseminate results
of research and education programs through a statewide
or regionwide continuing education program.
``(G) The strategic plan the recipient proposes to
carry out under the grant.
``(d) Activities.--The types of activities the Secretary may
support under this section include the following:
``(1) Research and development of innovative technologies,
construction techniques, or best management processes that
mitigate the environmental impact of transportation
infrastructure, including--
``(A) assessments of the lifecycle environmental
impact of local existing or planned transportation
infrastructure;
``(B) integration of green transportation
infrastructure elements into existing transportation or
waste management systems; and
``(C) research, development, testing, and
evaluation of new technologies or best management
practices.
``(2) Establishment and operation of a regional technology
transfer program to disseminate information on new technologies
and best management practices to State and local governments,
institutions of higher learning, and private industry in the
region.
``(3) Study of the impact of State, local, and Federal
regulations on the implementation of green transportation
infrastructure technologies and practices. These studies shall
include collaboration with appropriate Federal agencies to
evaluate the effect of and possible changes to Federal and
State regulations that impede implementation of green
transportation infrastructure.
``(4) Public education campaigns to raise awareness of the
benefits of green transportation infrastructure technologies,
including activities to raise awareness and foster
collaboration among regional governments, private industry, and
other public and private stakeholders.
``(e) Annual Meeting.--The Secretary shall convene an annual
meeting of the Centers established pursuant to this section in order to
foster collaboration and communication among Center participants and
disseminate best management practices.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
``(g) Definition.--In this section, the term `green transportation
infrastructure' includes infrastructure that--
``(1) preserves and restores natural processes, landforms
(such as floodplains), natural vegetated stream side buffers,
wetlands, or other topographical features that can slow,
filter, and naturally store stormwater runoff and floodwaters
for future water supply and recharge of natural aquifers;
``(2) utilizes natural design techniques that infiltrate,
filter, store, evaporate, and detain water close to its source;
``(3) minimizes the use of impervious surfaces in order to
slow or infiltrate precipitation;
``(4) minimizes lifecycle energy consumption, including
during construction, maintenance, use by vehicles, and
destruction and recycling; and
``(5) minimizes lifecycle air pollution.''.
(b) Conforming Amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to section
5505 the following new item:
``5505A. Regional Green Transportation Research Centers.''.
SEC. 4. GREEN TRANSPORTATION INFRASTRUCTURE AMENDMENTS.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A)(ii)--
(i) by striking ``and'' at the end of
subclause (V);
(ii) by striking the period at the end of
subclause (VI); and
(iii) by adding at the end the following
new subclause:
``(VII) the use of green
transportation infrastructure (as
defined in section 5505A(g) of title
49) for environmental protection and
mitigating environmental impacts of
transportation construction.''; and
(B) by adding at the end the following new
subparagraph:
``(D) Interagency coordination.--The Institute
shall coordinate the development of curriculum and
courses with other Federal agencies with expertise in
the course subject areas.''; and
(2) in subsection (b)(2)(A)(i) by striking ``and traffic
safety countermeasures'' and inserting ``traffic safety
countermeasures, and options with respect to green
transportation infrastructure (as defined in section 5505A(g)
of title 49)''. | Green Transportation Infrastructure Research and Technology Transfer Act - (Sec. 3) Amends federal transportation law to direct the Secretary of Transportation to make grants to existing university transportation centers, or to consortia consisting of such a center and one or more institutions of higher education, to carry out green transportation infrastructure research and development and technology transfer activities.
Defines "green transportation infrastructure" as infrastructure that: (1) preserves and restores natural processes, landforms (such as floodplains), natural vegetated stream side buffers, wetlands, or other topographical features that can slow, filter, and naturally store stormwater runoff and floodwaters for future water supply and recharge of natural aquifers; (2) uses natural design techniques to manage stormwater; and (3) minimizes lifecycle energy consumption and air pollution.
Requires grant recipients to be selected on a merit-reviewed competitive basis according to specified criteria, including demonstrated expertise in transportation and green infrastructure research and technology transfer resources.
Authorizes appropriations for FY2009-FY2010.
(Sec. 4) Directs the National Highway Institute of the Federal Highway Administration to continually develop courses relating to the application of emerging technologies for the use of green transportation infrastructure for environmental protection and mitigating environmental impacts of transportation construction.
Adds green transportation infrastructure options as a road and transportation area for which the Secretary may make local technical assistance program grants to assist rural, local transportation agencies and tribal governments to develop and expand their expertise. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Plans Act of
2007''.
SEC. 2. SMALL BUSINESS HEALTH BENEFITS PROGRAM (SBHBP).
Title XXVII of the Public Health Service Act is amended--
(1) by redesignating part C as part D; and
(2) by inserting after part B the following new part:
``PART C--SMALL BUSINESS HEALTH BENEFITS PROGRAM (SBHBP)
``SEC. 2771. SMALL BUSINESS HEALTH BENEFITS PROGRAM.
``(a) Establishment.--The Secretary shall establish a small
business health benefits program under which small employers may offer
health insurance coverage to employees and their dependents.
``(b) Program Elements.--Under the SBHBP:
``(1) Access to insurance.--Small employers are provided
access, for years beginning on or after January 1, 2007, to
qualified health pooling arrangements under which their
employees may elect self-only or family health insurance
coverage under at least 2 health insurance coverage policies,
regardless of whether premium assistance referred to in
paragraph (2) is available with respect to such employer.
``(2) Premium assistance for small employers.--Premium
assistance is available under subsection (c) to assist small
employers in the payment of premiums for the health insurance
coverage provided.
``(3) Employer share of premiums.--
``(A) In general.--Small employers are provided
access to health insurance coverage, and may be
eligible for premium assistance under subsection (c),
only if they pay (before the application of any premium
assistance under subsection (c)) at least 50 percent of
the premiums for coverage of their employees, but such
employers are not required to pay for the portion of
the premiums for dependents of employees.
``(B) Construction.--Nothing in this section shall
be construed as preventing an employee from applying
the payment described in subparagraph (A) towards the
payment of premiums for family health insurance
coverage.
``(4) Health insurance coverage.--
``(A) In general.--Health insurance coverage
offered under SBHBP shall meet the following
requirements:
``(i) The Secretary determines that the
coverage is substantially similar to health
benefits coverage in any of the four largest
health benefit plans (determined by enrollment)
offered under chapter 89 of title 5, United
States Code.
``(ii) The coverage complies with State
laws and regulations (including applicable
benefit mandates, rating requirements, and
other consumer protections) for group health
insurance coverage for the State in which the
coverage is offered.
``(iii) The Secretary determines that the
coverage provided to employees is coordinated,
in accordance with regulations prescribed by
the Secretary, with other coverage provided
under governmental health benefits programs
under which health benefits coverage is
available to such employees.
``(B) Standards for participating health
insurers.--In administering the program, the Secretary
may consider the solvency and claims payment history of
health insurers and shall promote participation by
qualified health insurers that establish--
``(i) integration of health information
technology tools to promote quality;
``(ii) chronic disease management;
``(iii) preventive health care services;
and
``(iv) evidence-based medicine
considerations of prescription drugs and other
treatment that take into account the individual
medical circumstances of individuals enrolled
in the program.
``(5) Enrollment.--In administering the program, the
Secretary shall provide that employee enrollment (and changes
in enrollment) are limited to an annual open enrollment period,
except in the case of change of employment status (including
new a new employee) that affects eligibility for coverage and
in the case of qualifying events (such as change in family
status) specified by the Secretary and consistent with section
2701(f).
``(c) Premium Assistance.--Under the SBHBP, the Secretary shall
establish a program of premium assistance for small employers. Such
program shall provide for a sliding scale of assistance to such
employers taking into account the following:
``(1) The number of employees of the employer.
``(2) The average wage level of such employees relative to
the average wage level for employees in the same geographic
area.
``(3) The profit margin of the employer.
``(d) Reinsurance for Catastrophic Costs for Certain Health
Insurance Issuers.--
``(1) In general.--In the case of health insurance coverage
offered under the SBHBP by a health insurance issuer that
participates in a qualified health pooling arrangement, the
Secretary shall provide for reinsurance coverage for 75 percent
of covered claims that exceed, for an individual for a year, an
amount determined by the Secretary for such year which is not
less than the minimum amount specified in paragraph (2).
``(2) Minimum amount.--The minimum amount specified in this
paragraph is--
``(A) for the first year in which this section is
in effect, $100,000; or
``(B) for a subsequent year is the minimum amount
specified in this paragraph for a previous year,
increased by the Secretary's estimate of the average
annual percentage increase in health insurance coverage
with a median level of premiums for the previous year.
Any amount determined under subparagraph (B) which is not a
multiple of $1,000 shall be rounded to the nearest multiple of
$1,000.
``(e) Qualified Health Pooling Arrangement.--For purposes of this
section, the term `qualified health pooling arrangement' means, with
respect to employees employed in any State for any year--
``(1) except as provided in subparagraph (B), an
arrangement established by (and operating under the oversight
of) such State for purposes of this section, in accordance with
regulations of the Secretary, which provides for pooling of
health insurance coverage offered for such year in such State,
and
``(2) in any case in which there is not in effect for any
year an arrangement described in subparagraph (A) established
by such State, the national health pooling arrangement
established under section 3.
The Secretary shall determine, within a reasonable time prior to each
year, whether there is a qualified health pooling arrangement described
in paragraph (1) with respect to employees employed in any State.
``(f) Small Employer Defined.--
``(1) In general.--For purposes of this part, except as
otherwise provided in this subsection, the term `small
employer' means an employer with 50 or fewer employees, as
determined under regulations promulgated by the Secretary.
``(2) Continuation of participation.--An employer whose
employees are provided health insurance coverage under the
SBHBP while the employer is a small employer as defined in
paragraph (1) and who thereafter has more than 50 employees
shall continue to be treated as a small employer.
``(3) Employers not in existence in preceding year.--In the
case of an employer which was not in existence for the full
year prior to the date on which the employer applies to
participate in SBHBP, the determination of whether such
employer meets the requirements of paragraph (1) shall be based
on the average number of employees that it is reasonably
expected such employer will employ on business days in the
employer's first full year.
``(4) Waiver.--The Secretary may waive the limitations
relating to the size of an employer which may participate under
SBHBP on a case by case basis if the Secretary determines that
such employer makes a compelling case for such a waiver. In
making determinations under this paragraph, the Secretary shall
consider the effects of the employment of temporary and
seasonal workers and other related factors.
``(g) Other Definitions.--For purposes of this part:
``(1) The terms `employee' and `dependent' have the
meanings given such terms by the Secretary in regulations and
shall be based upon the definitions of such terms used for
purposes of the Federal employee health benefits program
established under chapter 89 of title 5, United States Code.
The term `employee' includes, in the case of a partnership or
sole proprietorship, a partner in the partnership or the sole
proprietor, including an individual employer who has no
employees. Such may include, with respect to an employer and at
the employer's option, part-time and seasonal employees.
``(2) The term `SBHBP' means the small business health
benefits program established under this section.
``(h) Grants for State Qualified Health Pooling Arrangements.--
``(1) In general.--The Secretary shall provide grants to
States for the establishment, initial administration, and
operations of qualified health pooling arrangements described
in subsection (e)(1).
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.
``SEC. 2772. ESTABLISHMENT OF NATIONAL HEALTH POOLING ARRANGEMENT.
``(a) In General.--The Secretary and the Secretary of Labor, acting
jointly and in consultation with the Director of the Office of
Personnel Management, shall provide for--
``(1) the offering on a timely basis consistent with
section 2771 of a national health pooling arrangement to
eligible small employers; and
``(2) appropriate oversight over any such arrangement.
``(b) Specific Requirements.--In carrying out subsection (a), the
Secretary and the Secretary of Labor shall--
``(1) model the national health pooling arrangement on the
Federal employees health benefits program under chapter 89 of
title 5, United States Code, to the extent practicable and
consistent with the other requirements of this part;
``(2) consistent with paragraph (1), negotiate the most
affordable and substantial coverage possible for small
employers; and
``(3) not offer any health plan under such arrangement
unless the plan meets the restrictions relating to premium
rates contained in the most recent `Small Employer Health
Insurance Availability Model Act' of the National Association
of Insurance Commissioners .
``(c) Definitions.--For purposes of this section--
``(1) the term `national health pooling arrangement' means
an arrangement which provides for pooling of health insurance
coverage offered for any year in all States which do not have
in effect for such year an arrangement for pooling of health
insurance coverage offered in such States; and
``(2) in connection with the national health pooling
arrangement offered pursuant to this section, an individual
employer shall be taken into account as an employee under this
section.''. | Small Business Health Plans Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a small business health benefits program (SBHBP) under which small employers may offer health insurance coverage to employees and their dependents. Outlines program elements and coverage requirements, including that small employers are provided access to qualified health pooling arrangements under which their employees may elect coverage substantially similar to the federal employees benefit program (FEHB) coverage.
Requires the Secretary to: (1) establish a program of premium assistance for small employers under SBHBP that provides a sliding scale of assistance based on the number of employees, the average wage level of such employees, and the employer profit margin; (2) provide for reinsurance coverage for an individual's claims that exceed a specified amount for a year; and (3) provide grants to states for the establishment, initial administration, and operations of qualified health pooling arrangements.
Directs the Secretary and the Secretary of Labor to provide for a national health pooling arrangement for eligible small employers modeled after FEHB. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hiring Our Veterans Act of 2011''.
SEC. 2. RETURNING HEROES AND WOUNDED WARRIORS WORK OPPORTUNITY TAX
CREDITS.
(a) In General.--Paragraph (3) of section 51(b) of the Internal
Revenue Code of 1986 is amended by striking ``($12,000 per year in the
case of any individual who is a qualified veteran by reason of
subsection (d)(3)(A)(ii))'' and inserting ``($12,000 per year in the
case of any individual who is a qualified veteran by reason of
subsection (d)(3)(A)(ii)(I), $14,000 per year in the case of any
individual who is a qualified veteran by reason of subsection
(d)(3)(A)(iv), and $24,000 per year in the case of any individual who
is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II))''.
(b) Returning Heroes Tax Credits.--Section 51(d)(3)(A) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (3)(A)(i), and inserting the following new clauses after
clause (ii)--
``(iii) having aggregate periods of
unemployment during the 1-year period ending on
the hiring date which equal or exceed 4 weeks
(but less than 6 months), or
``(iv) having aggregate periods of
unemployment during the 1-year period ending on
the hiring date which equal or exceed 6
months.''.
(c) Simplified Certification.--Section 51(d) of the Internal
Revenue Code of 1986 is amended by adding a new paragraph (15) as
follows--
``(15) Credit allowed for unemployed veterans.--
``(A) In general.--Any qualified veteran under
paragraphs (3)(A)(ii)(II), (3)(A)(iii), and (3)(A)(iv)
will be treated as certified by the designated local
agency as having aggregate periods of unemployment if--
``(i) in the case of qualified veterans
under paragraphs (3)(A)(ii)(II) and (3)(A)(iv),
the veteran is certified by the designated
local agency as being in receipt of
unemployment compensation under State or
Federal law for not less than 6 months during
the 1-year period ending on the hiring date; or
``(ii) in the case of a qualified veteran
under paragraph (3)(A)(iii), the veteran is
certified by the designated local agency as
being in receipt of unemployment compensation
under State or Federal law for not less than 4
weeks (but less than 6 months) during the 1-
year period ending on the hiring date.
``(B) Regulatory authority.--The Secretary in his
discretion may provide alternative methods for
certification.''.
(d) Credit Made Available to Tax-Exempt Employers in Certain
Circumstances.--Section 52(c) of the Internal Revenue Code of 1986 is
amended--
(1) by striking the word ``No'' at the beginning of the
section and replacing it with ``Except as provided in this
subsection, no'';
(2) by inserting at the end of section 52(c) the following
new paragraphs--
``(1) In general.--In the case of a tax-exempt employer,
there shall be treated as a credit allowable under subpart C
(and not allowable under subpart D) the lesser of--
``(A) the amount of the work opportunity credit
determined under this subpart with respect to such
employer that is related to the hiring of qualified
veterans described in sections 51(d)(3)(A)(ii)(II),
(iii) or (iv); or
``(B) the amount of the payroll taxes of the
employer during the calendar year in which the taxable
year begins.
``(2) Credit amount.--In calculating for tax-exempt
employers, the work opportunity credit shall be determined by
substituting `26 percent' for `40 percent' in section 51(a) and
by substituting `16.25 percent' for `25 percent' in section
51(i)(3)(A).
``(3) Tax-exempt employer.--For purposes of this subpart,
the term `tax-exempt employer' means an employer that is--
``(A) an organization described in section 501(c)
and exempt from taxation under section 501(a), or
``(B) a public higher education institution (as
defined in section 101 of the Higher Education Act of
1965).
``(4) Payroll taxes.--For purposes of this subsection--
``(A) In general.--The term `payroll taxes' means--
``(i) amounts required to be withheld from
the employees of the tax-exempt employer under
section 3401(a),
``(ii) amounts required to be withheld from
such employees under section 3101(a), and
``(iii) amounts of the taxes imposed on the
tax-exempt employer under section 3111(a).''.
(e) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possessions.--The Secretary of the
Treasury shall pay to each possession of the United
States with a mirror code tax system amounts equal to
the loss to that possession by reason of the
application of this section (other than this
subsection). Such amounts shall be determined by the
Secretary of the Treasury based on information provided
by the government of the respective possession of the
United States.
(B) Other possessions.--The Secretary of the
Treasury shall pay to each possession of the United
States, which does not have a mirror code tax system,
amounts estimated by the Secretary of the Treasury as
being equal to the aggregate credits that would have
been provided by the possession by reason of the
application of this section (other than this
subsection) if a mirror code tax system had been in
effect in such possession. The preceding sentence shall
not apply with respect to any possession of the United
States unless such possession has a plan, which has
been approved by the Secretary of the Treasury, under
which such possession will promptly distribute such
payments.
(2) Coordination with credit allowed against united states
income taxes.--No increase in the credit determined under
section 38(b) of the Internal Revenue Code of 1986 that is
attributable to the credit provided by this section (other than
this subsection (e)) shall be taken into account with respect
to any person--
(A) to whom a credit is allowed against taxes
imposed by the possession of the United States by
reason of this section for such taxable year, or
(B) who is eligible for a payment under a plan
described in paragraph (1)(B) with respect to such
taxable year.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection (e), the term ``possession of the
United States'' includes American Samoa, the
Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, and the United
States Virgin Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, rules
similar to the rules of section 1001(b)(3)(C) of the
American Recovery and Reinvestment Tax Act of 2009
shall apply.
(f) Reporting.--The taxpayer shall provide such information as the
Secretary of the Treasury requires to enable the Secretary to determine
the number of veterans specified by each of the categories in clauses
(i) through (iv) of section 51(d)(3)(A) of the Internal Revenue Code of
1986 (as amended by this section) with respect to whom a credit is
claimed under section 51(a) of such Code pursuant to the amendments
made by this section.
(g) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after the date of the
enactment of this Act. | Hiring Our Veterans Act of 2011 - Amends the Internal Revenue Code to: (1) increase the amount of wages eligible for the work opportunity tax credit for veterans who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($14,000 of first-year wages) or disabled veterans who are either hired within one year after discharge from active duty ($12,000 of first-year wages) or who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($24,000 of first-year wages), and (2) allow tax-exempt organizations to claim the lesser of the amount of the work opportunity tax credit for hiring veterans or the amount of the payroll taxes paid by such organizations during the calendar year. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Access Via Excellence for
Medicare Home Health Act of 2014'' or the ``SAVE Medicare Home Health
Act of 2014''.
SEC. 2. REPEAL OF MEDICARE HOME HEALTH REBASING REDUCTION PROVIDED
UNDER PPACA AND DETAILED ANALYSIS OF SUCH REDUCTION.
(a) Repeal of Rebasing Reduction and Codification of CY 2014
Payment Adjustment.--
(1) Repeal.--Section 1895(b)(3)(A) of the Social Security
Act (42 U.S.C. 1395fff(b)(3)(A)) is amended by striking clause
(iii).
(2) Codification.--Such section, as amended by paragraph
(1), is further amended by adding at the end the following new
clause:
``(iii) Codification of cy 2014 payment
adjustment.--The amount (or amounts) that would
otherwise be applicable under clause (i)(III)
for 2015 and subsequent years shall be
determined taking into account the 3.5
percentage point reduction effective for 2014
pursuant to the rule for home health
prospective payment system rate update for
calendar year 2014 (promulgated on December 2,
2013, 78 Federal Register 72256).''.
(b) Detailed Analysis of Rebasing Reduction.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a detailed analysis of the rebasing reduction in
Medicare payments for home health services promulgated under
the rule for home health prospective payment system rate update
for calendar year 2014 (promulgated on December 2, 2013, 78
Federal Register 72256), pursuant to the Regulatory Flexibility
Act, Executive Order 13563, section 3131(a) of the Patient
Protection and Affordable Care Act, and other specified
factors. Such analysis shall include an assessment of at least
the following factors:
(A) The age, poverty level, gender, rural
residence, ethnic or racial minority, and infirmity of
Medicare beneficiaries receiving home health services
in comparison to other Medicare beneficiaries.
(B) The number, gender, and geographic distribution
of professional Medicare home health caregivers.
(C) The number and location of home health agencies
that have closed, consolidated, or been acquired since
the rebasing reduction was implemented.
(D) The number and location of professional home
health caregiver jobs that have been lost since the
rebasing reduction was implemented.
(2) Report.--Not later than February 1, 2015, the Secretary
shall submit to Congress a report that contains findings
regarding the analysis conducted under paragraph (1), including
the Secretary's assessment of the factors specified in such
paragraph.
SEC. 3. ESTABLISHMENT OF HOME HEALTH VALUE-BASED PURCHASING (VBP)
PROGRAM.
(a) Readmission Measures.--Section 1895 of the Social Security Act
(42 U.S.C. 1395fff) is amended by adding at the end the following new
subsection:
``(f) Post-Hospital Home Health Services Readmission Measure.--
``(1) Readmission measure.--Not later than January 1, 2016,
the Secretary shall specify a home health all-cause all-
condition hospital unplanned readmission measure (or any
successor to such a measure) for readmissions (for any cause)
to a hospital for an individual who is entitled to benefits
under part A (or enrolled under part B) and who is receiving
post-hospital home health services.
``(2) Resource use measure.--Not later than January 1,
2017, the Secretary shall specify a measure that is the measure
specified under paragraph (1), risk-adjusted for potentially
preventable readmissions to a hospital for an individual
described in such paragraph.
``(3) Development.--The measures specified under paragraphs
(1) and (2) shall be developed through a formal process that is
based on input from a group of multiple stakeholders consisting
of at least senior advocates, Medicare beneficiaries,
caregivers, and home health physicians, nurses, therapists, and
operators of home health agencies.
``(4) Quarterly feedback reports to home health agencies.--
Beginning January 1, 2017, and every quarter thereafter, the
Secretary shall provide confidential feedback to home health
agencies on their performance with respect to such measures.
``(5) Public reporting on performance.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary shall establish procedures for
making public on the Medicare Home Health Compare
website (or successor to such website) the performance
of home health agencies with respect to a measure
specified under paragraph (1) and a measure specified
under paragraph (2).
``(B) Opportunity to review.--The procedures under
subparagraph (A) shall ensure that a home health agency
has the opportunity to review and submit corrections to
the information that is to be made public with respect
to such agency before such information is made public.
``(C) Timing.--Such procedures shall provide that
the information described in subparagraph (A) is first
made publicly available beginning no later than January
1, 2018.''.
(b) Value-Based Purchasing Program for Home Health Agencies.--
Section 1895 of the Social Security Act (42 U.S.C. 1395fff), as amended
by subsection (a), is further amended by adding at the end the
following new subsection:
``(g) Application of Value-Based Purchasing Program.--
``(1) Establishment.--
``(A) In general.--Subject to the succeeding
provisions of this subsection, the Secretary shall
establish a home health agency value-based purchasing
program (in this subsection referred to as the `HHA VBP
Program') under which value-based incentive payments
are made in a year to home health agencies.
``(B) Program to begin in 2019.--The HHA VBP
Program shall apply to payments for episodes of home
health services beginning on or after January 1, 2019.
``(2) Application of measures.----
``(A) In general.--Subject to subparagraph (B), the
Secretary shall apply the measure specified under
subsection (f)(2) for purposes of the HHA VBP Program.
``(B) Replacement.--If the Secretary determines
that the application of such measure is not practicable
and should be delayed and the Secretary notifies the
Committee on Finance of the Senate and the Committees
on Ways and Means and Energy and Commerce of the House
of Representatives of the reasons for such delay in
advance of implementing such delay, the Secretary may
delay the application of such measure for a period of
up to 1 year. For the period of any such delay, the
measure specified under subsection (f)(1) shall apply
for purposes of the HHA VBP Program instead of the
measure specified under subsection (f)(2).
``(3) Performance standards.--
``(A) Establishment.--The Secretary shall establish
performance standards with respect to the measure
applied under paragraph (2) for a performance period
for a year.
``(B) Higher of achievement and improvement.--The
performance standards established under subparagraph
(A) shall include levels of achievement and
improvement. In calculating the HHA performance score
under paragraph (4), the Secretary shall use the higher
of either improvement or achievement.
``(C) Timing.--The Secretary shall establish and
announce the performance standards established under
subparagraph (A) not later than 60 days before the
beginning of the performance period for the year
involved.
``(4) HHA performance score.--
``(A) In general.--The Secretary shall develop by
regulation a methodology for assessing the total
performance of each home health agency based on
performance standards established under paragraph (3)
with respect to the measure applied under paragraph
(2). Using such methodology, the Secretary shall
provide for an assessment (in this subsection referred
to as the `HHA performance score') for each home health
agency for each such performance period.
``(B) Ranking of hha performance scores.--The
Secretary shall, for the performance period for each
year, rank the HHA performance scores determined under
subparagraph (A) from low to high.
``(5) Budget neutral withholding.--The Secretary shall
withhold from the payment rates made for each year (during the
period beginning with 2019 and ending with 2024) for home
health services under this section such withholding percentage
as is necessary so that the enactment of the Securing Access
Via Excellence for Medicare Home Health Act of 2014 is
estimated not to result in any net change in payments made for
such services under this title.
``(6) Value-based incentive payment percentage.--The
Secretary shall provide for a distribution of a portion of the
amounts withheld under paragraph (5) for performance payments
to home health agencies in a manner so as to ensure that--
``(A) the distribution (expressed as a percentage
of such withheld amounts) is based on each agency's HHA
performance ranking under paragraph (4)(B) for the
performance period for the year involved;
``(B) the application of all such percentages in
such year results in an appropriate distribution of
value-based incentive payments under this subsection
such that--
``(i) home health agencies with the highest
rankings under paragraph (4)(B) receive the
highest value-based incentive payment amounts
under this subsection;
``(ii) home health agencies with the lowest
rankings under paragraph (4)(B) receive the
lowest value-based incentive payment amounts
under this subsection; and
``(iii) in the case of home health agencies
in the lowest 40 percent of the ranking under
paragraph (4)(B), the payment rate under this
subsection for services furnished by such
facility during such year shall be less than
the payment rate for such services for such
year that would otherwise apply without
application of this subsection; and
``(C) the total amount of value-based incentive
payments under this subsection for all home health
agencies in such year shall be greater than or equal to
50 percent, but not greater than 70 percent, of the
total amount of the payments withheld for such year
under paragraph (5), as estimated by the Secretary.
``(7) Announcement of result of adjustments.--Under the HHA
VBP program, the Secretary shall, not later than 60 days before
a year involved, inform each home health agency of the
adjustments to payments to the agency for services furnished by
the agency during the year under this subsection.
``(8) No effect in subsequent year.--The value-based
payment adjustments under this subsection shall only apply with
respect to the year involved, and the Secretary shall not take
into account such adjustment in making payments to a home
health agency under this section in a subsequent year.
``(9) Funding for program management.--The Secretary shall
provide for the one-time transfer from the Federal
Supplementary Medical Insurance Trust Fund established under
section 1841 to the Centers for Medicare & Medicaid Services
Program Management Account of--
``(A) $2,000,000 for purposes of subsection (f);
and
``(B) $10,000,000 for purposes of implementing this
subsection.
Such funds shall remain available until expended.''.
(c) MedPAC Study.--Not later than June 30, 2021, the Medicare
Payment Advisory Commission shall submit to Congress a report that
reviews the progress of the home health value-based purchasing program
established under section 1895(g) of the Social Security Act, as added
by subsection (b), and makes recommendations, as appropriate, on any
improvements that should be made to such program. For purposes of the
previous sentence, the Medicare Payment Advisory Commission shall
consider any unintended consequences with respect to such home health
agency value-based purchasing program and any potential adjustments to
the readmission measure specified under section 1895(f) of such Act, as
added by subsection (a), for purposes of determining the effect of the
socio-economic status of a beneficiary under the Medicare program under
title XVIII of the Social Security Act on the performance score of a
home health agency provided under section 1895(g)(4) of such Act, as
added by subsection (b). | Securing Access Via Excellence for Medicare Home Health Act of 2014 or the SAVE Medicare Home Health Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the prospective payment system (PPS) for home health services, to repeal the rebasing reduction adjustment for 2014 and subsequent years required by the Patient Protection and Affordable Care Act (PPACA). Establishes a calendar year 2014 payment adjustment under such PPS. Directs the Secretary of Health and Human Services (HHS) to conduct a detailed analysis of the rebasing reduction in Medicare payments for home health services promulgated under the rule for home health prospective payment system rate update for calendar year 2014. Directs the Secretary to specify a home health all-cause all-condition hospital unplanned readmission measure for readmissions (for any cause) to a hospital for an individual entitled to benefits under Medicare part A (Hospital Insurance) (or enrolled under Medicare part B [Supplementary Medicare Insurance]) and who is receiving post-hospital home health services. Requires this measure to be risk adjusted for potentially preventable readmission to a hospital for such an individual. Directs the Secretary of Health and Human Services (HHS) to establish: (1) a Medicare home health agency value-based purchasing program (HHA VBP) under which value-based incentive payments are made in a year to home health agencies, and (2) performance standards for application of the unplanned readmission measure. Directs the Secretary to develop by regulation a methodology for assessing the total performance of each home health agency based on these performance standards. Directs the Secretary to: (1) withhold from the payment rates made for each year for home health services the amount necessary so that enactment of this Act is estimated not to result in any net change in payments made for Medicare services, and (2) provide for a distribution of a portion of those withheld amounts for performance payments to home health agencies. Directs the Medicare Payment Advisory Commission (MEDPAC) to review the progress of the HHA VBP and make appropriate recommendations on any improvements that should be made to the program. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; PURPOSES.
(a) Short Title.--This Act may be cited as the ``FHA Multifamily
Housing Flexible Disposition Act of 1993''.
(b) Purposes.--The purposes of this Act are:
(1) To balance the need to reimburse the general insurance
fund of the Department of Housing and Urban Development through
the disposition of multifamily housing projects with the goal
of preserving housing for low-income households.
(2) To provide housing to households with mixed incomes
that are capable of paying the operating and debt service costs
of such housing.
(3) To explore different approaches to disposing of such
housing, including the use of Federal housing rental subsidies,
Federal housing mortgage insurance, risk-sharing arrangements,
purchase money mortgages, and low-income housing tax credits,
or combinations thereof.
(4) To maintain to the maximum extent possible the low-
income character of such housing while disposing of such
properties in an economically viable manner.
SEC. 2. AUTHORITY.
(a) In General.--Consistent with the purposes set forth in section
1 and for a period of 18 months from the date of enactment of this Act,
the Secretary of Housing and Urban Development (hereafter in this Act
referred to as the ``Secretary'') may dispose of multifamily housing
projects that are--
(1) owned by the Secretary; or
(2) being foreclosed upon by the Secretary;
without regard to the provisions of section 203 of the Housing and
Community Development Amendments of 1978 (12 U.S.C. 1701z-11).
(b) Sale to Local Governments and State Agencies.--
(1) Notice.--
(A) In general.--Within a reasonable period of time
after acquiring title to a multifamily housing project,
the Secretary shall provide written notice to--
(i) the unit of general local government
the jurisdiction of which includes such
project; and
(ii) the State housing finance agency, or
other appropriate agency, of the State in which
such project is located.
(B) Contents.--The notice provided under paragraph
(1) shall contain basic information about the project,
including its location, the number of units (identified
by number of bedrooms), and information relating to the
estimated fair market value of the project.
(2) Expression of serious interest.--Not later than 60 days
after receiving notice under paragraph (1), a unit of general
local government or State agency may provide the Secretary with
written notice of its serious interest in the property. Such
notice of serious interest shall be in such form and include
such information as the Secretary may prescribe.
(3) Notice of readiness for sale.--Upon the expiration of
the 60-day period referred to in paragraph (2), the Secretary
shall provide written notice to any unit of general local
government or State agency that has expressed serious interest
in the property. Such notice shall specify the minimum terms
and conditions for the sale of the property.
(4) Offers and acceptance.--
(A) Offers.--A unit of general local government or
State agency has 45 days after the date notice is
received under paragraph (3) to make a bona fide offer
to purchase the property.
(B) Nonprofit organizations.--An offer under this
paragraph may be made in conjunction with a nonprofit
organization.
(C) Acceptance.--The Secretary shall accept an
offer that complies with the terms and conditions
prescribed by the Secretary under paragraph (3).
(c) Sale to Other Purchasers.--If, after expiration of the periods
of time referred to in paragraphs (2) and (4)(A) of subsection (b), as
applicable, no purchaser has expressed serious interest or made a bona
fide offer to purchase the property, the Secretary may sell the
property to any purchaser.
(d) Definitions.--For the purposes of this Act the term
``multifamily housing project'' has the same meaning as in section
203(i)(1) of the Housing and Community Development Amendments of 1978
(12 U.S.C. 1701z-11(i)(1)).
SEC. 3. REPORT.
Not later than 90 days after the expiration of the 18-month period
following the date of enactment of this Act, the Secretary shall
transmit to the Congress a report describing the various methods of
disposition of multifamily housing projects that have been undertaken
pursuant to this Act and any recommendations for administrative or
legislative action to further the purposes of this Act. | FHA Multifamily Housing Flexible Disposition Act of 1993 - Authorizes the Secretary of Housing and Urban Development to dispose of HUD-held or -foreclosed multifamily housing projects without regard to specified provisions of the Housing and Community Development Amendments of 1978. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan Product Extensions Now
Accelerating Cures and Treatments Act of 2014''.
SEC. 2. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A NEW
INDICATION FOR A RARE DISEASE OR CONDITION.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 505E of such Act (21 U.S.C.
355f) the following:
``SEC. 505F. EXTENSION OF EXCLUSIVITY PERIODS FOR A DRUG APPROVED FOR A
NEW INDICATION FOR A RARE DISEASE OR CONDITION.
``(a) Designation.--
``(1) In general.--The Secretary shall designate a drug as
a drug approved for a new indication to prevent, diagnose, or
treat a rare disease or condition for purposes of granting the
extensions under subsection (b) if--
``(A) prior to approval of an application or
supplemental application for the new indication, the
drug was approved or licensed for marketing under
section 505(c) of this Act or section 351(a) of the
Public Health Service Act, but was not so approved or
licensed for the new indication;
``(B)(i) the sponsor of the approved or licensed
drug files an application or a supplemental application
for approval of the new indication for use of the drug
to prevent, diagnose, or treat the rare disease or
condition; and
``(ii) the Secretary approves the application or
supplemental application; and
``(C) the application or supplemental application
for the new indication contains the consent of the
applicant to notice being given by the Secretary under
paragraph (4) respecting the designation of the drug.
``(2) Revocation of designation.--
``(A) In general.--Except as provided in
subparagraph (B), a designation under this subsection
shall not be revoked for any reason.
``(B) Exception.--The Secretary may revoke a
designation of a drug under paragraph (1) if the
Secretary finds that the application or supplemental
application resulting in such designation contained an
untrue statement of material fact.
``(3) Notification prior to discontinuance of production
for solely commercial reasons.--A designation of a drug under
paragraph (1) shall be subject to the condition that the
sponsor of the drug will notify the Secretary of any
discontinuance of the production of the drug for solely
commercial reasons at least one year before such
discontinuance.
``(4) Notice to public.--Notice respecting the designation
of a drug under paragraph (1) shall be made available to the
public.
``(b) Extension.--If the Secretary designates a drug as a drug
approved for a new indication for a rare disease or condition, as
described in subsection (a)(1)--
``(1)(A) the 4-, 5-, and seven and one-half year periods
described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of
section 505, the 3-year periods described in clauses (iii) and
(iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of
subsection (j)(5)(F) of section 505, and the 7-year period
described in section 527, as applicable, shall be extended by 6
months; or
``(B) the 4- and 12-year periods described in subparagraphs
(A) and (B) of section 351(k)(7) of the Public Health Service
Act and the 7-year period described in section 527, as
applicable, shall be extended by 6 months; and
``(2) if, at the time a drug is designated under subsection
(a)(1)--
``(A) the drug is the subject of a listed patent
for which a certification has been submitted under
subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of
section 505 or a listed patent for which a
certification has been submitted under subsections
(b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505,
the period during which an application may not be
approved under section 505(c)(3) or section
505(j)(5)(B) shall be extended by a period of 6 months
after the date the patent expires (including any patent
extensions); or
``(B) the drug is the subject of a listed patent
for which a certification has been submitted under
subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of
section 505, and in the patent infringement litigation
resulting from the certification the court determines
that the patent is valid and would be infringed, the
period during which an application may not be approved
under section 505(c)(3) or section 505(j)(5)(B) shall
be extended by a period of 6 months after the date the
patent expires (including any patent extensions).
``(c) Relation to Pediatric and Qualified Infectious Disease
Product Exclusivity.--Any extension under subsection (b) of a period
shall be in addition to any extension of the periods under sections
505A and 505E of this Act and section 351(m) of the Public Health
Service Act, as applicable, with respect to the drug.
``(d) Limitations.--The extension described in subsection (b) shall
not apply if the drug designated under subsection (a)(1) has previously
received an extension by operation of subsection (b).
``(e) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall adopt final
regulations implementing this section.
``(2) Procedure.--In promulgating a regulation implementing
this section, the Secretary shall--
``(A) issue a notice of proposed rulemaking that
includes the proposed regulation;
``(B) provide a period of not less than 60 days for
comments on the proposed regulation; and
``(C) publish the final regulation not less than 30
days before the effective date of the regulation.
``(3) Restrictions.--Notwithstanding any other provision of
law, the Secretary shall promulgate regulations implementing
this section only as described in paragraph (2), except that
the Secretary may issue interim guidance for sponsors seeking
to submit an application or supplemental application described
in subsection (a) prior to the promulgation of such
regulations.
``(4) Designation prior to regulations.--The Secretary
shall designate drugs under subsection (a) prior to the
promulgation of regulations under this subsection, if such
drugs meet the criteria described in subsection (a).
``(f) Definition.--In this section, the term `rare disease or
condition' has the meaning given to such term in section 526(a)(2).''.
(b) Application.--Section 505F of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), applies only with respect to
a drug for which an application or supplemental application described
in subsection (a)(1)(B)(i) of such section 505F is first approved under
section 505(c) of such Act (21 U.S.C. 355(c)) or section 351(a) of the
Public Health Service Act (42 U.S.C. 262(a)) on or after the date of
the enactment of this Act.
(c) Conforming Amendments.--
(1) Relation to pediatric exclusivity for drugs.--Section
505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355a) is amended--
(A) in subsection (b), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in subsection (b)(1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in subsection (b)(1) shall be
in addition to any extensions under section 505F.''; and
(B) in subsection (c), by adding at the end the
following:
``(3) Relation to exclusivity for a drug approved for a new
indication for a rare disease or condition.--Notwithstanding
the references in subsection (c)(1) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in subsection (c)(1) shall be
in addition to any extensions under section 505F.''.
(2) Relation to exclusivity for new qualified infectious
disease products that are drugs.--Subsection (b) of section
505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355f) is amended--
(A) by amending the subsection heading to read as
follows: ``Relation to Pediatric Exclusivity and
Exclusivity for a Drug Approved for a New Indication
for a Rare Disease or Condition''; and
(B) by striking ``any extension of the period under
section 505A'' and inserting ``any extension of the
periods under sections 505A or 505F''.
(3) Relation to pediatric exclusivity for biological
products.--Section 351(m) of the Public Health Service Act (42
U.S.C. 262(m)) is amended by adding at the end the following:
``(5) Relation to exclusivity for a biological product
approved for a new indication for a rare disease or
condition.--Notwithstanding the references in paragraphs
(2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the
exclusivity periods after application of pediatric exclusivity,
the 6-month extensions described in such paragraphs shall be in
addition to any extensions under section 505F.''. | Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to extend by six months the exclusivity period for a drug or biological product approved by the Food and Drug Administration (FDA) when the product is additionally approved to prevent, diagnose, or treat a new indication that is a rare disease or condition (also known as an “orphan disease”). Allows the Secretary to revoke an extension if the application submitted to the FDA for the new indication contained an untrue material statement. Requires the sponsor of a product receiving an extension to notify HHS one year prior to discontinuing production for commercial reasons. Requires the Secretary to notify the public of products that receive this extension. Limits a product to one extension under this Act. Sets forth that extensions under this Act are in addition to other extensions. Applies only to products approved after enactment of this Act for a new indication that is a rare disease or condition. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Routine HIV
Screening Coverage Act of 2009''.
(b) Findings.--Congress finds the following:
(1) HIV/AIDS continues to infect and kill thousands of
Americans, 25 years after the first cases were reported.
(2) It has been estimated that at least 1.6 million
Americans have been infected with HIV since the beginning of
the epidemic and over 500,000 of them have died.
(3) The HIV/AIDS epidemic has disproportionately impacted
African-Americans and Hispanic-Americans and its impact on
women is growing.
(4) It has been estimated that almost one quarter of those
infected with HIV in the United States do not know they are
infected.
(5) Not all individuals who have been infected with HIV
demonstrate clinical indications or fall into high risk
categories.
(6) The Centers for Disease Control and Prevention has
determined that increasing the proportion of people who know
their HIV status is an essential component of comprehensive
HIV/AIDS treatment and prevention efforts and that early
diagnosis is critical in order for people with HIV/AIDS to
receive life-extending therapy.
(7) On September 21, 2006, the Centers for Disease Control
and Prevention released new guidelines that recommend routine
HIV screening in health care settings for all patients aged 13-
64, regardless of risk.
(8) Standard health insurance plans generally cover HIV
screening when there are clinical indications of infection or
when there are known risk factors present.
(9) Requiring health insurance plans to cover routine HIV
screening could play a critical role in preventing the spread
of HIV/AIDS and allowing infected individuals to receive
effective treatment.
SEC. 2. COVERAGE FOR ROUTINE HIV SCREENING UNDER GROUP HEALTH PLANS,
INDIVIDUAL HEALTH INSURANCE COVERAGE, AND FEHBP.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2708. COVERAGE FOR ROUTINE HIV SCREENING.
``(a) Coverage.--A group health plan, and a health insurance issuer
offering group health insurance coverage, shall provide coverage for
routine HIV screening under terms and conditions that are no less
favorable than the terms and conditions applicable to other routine
health screenings.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) deny coverage for routine HIV screening on the basis
that there are no known risk factors present, or the screening
is not clinically indicated, medically necessary, or pursuant
to a referral, consent, or recommendation by any health care
provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section;
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section; or
``(6) deny to an individual participant or beneficiary
continued eligibility to enroll or to renew coverage under the
terms of the plan, solely because of the results of an HIV test
or other HIV screening procedure for the individual or any
other individual.
``(c) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to require an individual who is a participant or
beneficiary to undergo HIV screening; or
``(2) as preventing a group health plan or issuer from
imposing deductibles, coinsurance, or other cost-sharing in
relation to HIV screening, except that such deductibles,
coinsurance or other cost-sharing may not be greater than the
deductibles, coinsurance, or other cost-sharing imposed on
other routine health screenings.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 715(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(e) Preemption.--Nothing in this section shall be construed to
preempt any State law in effect on the date of enactment of this
section with respect to health insurance coverage that requires
coverage of at least the coverage of HIV screening otherwise required
under this section.''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 715. COVERAGE FOR ROUTINE HIV SCREENING.
``(a) Coverage.--A group health plan, and a health insurance issuer
offering group health insurance coverage, shall provide coverage for
routine HIV screening under terms and conditions that are no less
favorable than the terms and conditions applicable to other routine
health screenings.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) deny coverage for routine HIV screening on the basis
that there are no known risk factors present, or the screening
is not clinically indicated, medically necessary, or pursuant
to a referral, consent, or recommendation by any health care
provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section;
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section; or
``(6) deny to an individual participant or beneficiary
continued eligibility to enroll or to renew coverage under the
terms of the plan, solely because of the results of an HIV test
or other HIV screening procedure for the individual or any
other individual.
``(c) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to require an individual who is a participant or
beneficiary to undergo HIV screening; or
``(2) as preventing a group health plan or issuer from
imposing deductibles, coinsurance, or other cost-sharing in
relation to HIV screening, except that such deductibles,
coinsurance or other cost-sharing may not be greater than the
deductibles, coinsurance, or other cost-sharing imposed on
other routine health screenings.
``(d) Notice Under Group Health Plan.--A group health plan, and a
health insurance issuer providing health insurance coverage in
connection with a group health plan, shall provide notice to each
participant and beneficiary under such plan regarding the coverage
required by this section in accordance with regulations promulgated by
the Secretary. Such notice shall be in writing and prominently
positioned in any literature or correspondence made available or
distributed by the plan or issuer and shall be transmitted--
``(1) in the next mailing made by the plan or issuer to the
participant or beneficiary;
``(2) as part of any yearly informational packet sent to
the participant or beneficiary; or
``(3) not later than January 1, 2010;
whichever is earliest.
``(e) Preemption, Relation to State Laws.--
``(1) In general.--Nothing in this section shall be
construed to preempt any State law in effect on the date of
enactment of this section with respect to health insurance
coverage that requires coverage of at least the coverage of HIV
screening otherwise required under this section.
``(2) ERISA.--Nothing in this section shall be construed to
affect or modify the provisions of section 514 with respect to
group health plans.''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 715''.
(C) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 714 the
following new item:
``Sec. 715. Coverage for routine HIV screening.''.
(3) Internal revenue code amendments.--(A) Subchapter B of
chapter 100 of the Internal Revenue Code of 1986 is amended by
inserting after section 9813 the following:
``SEC. 9814. COVERAGE FOR ROUTINE HIV SCREENING.
``(a) Coverage.--A group health plan shall provide coverage for
routine HIV screening under terms and conditions that are no less
favorable than the terms and conditions applicable to other routine
health screenings.
``(b) Prohibitions.--A group health plan shall not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) deny coverage for routine HIV screening on the basis
that there are no known risk factors present, or the screening
is not clinically indicated, medically necessary, or pursuant
to a referral, consent, or recommendation by any health care
provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section;
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section; or
``(6) deny to an individual participant or beneficiary
continued eligibility to enroll or to renew coverage under the
terms of the plan, solely because of the results of an HIV test
or other HIV screening procedure for the individual or any
other individual.
``(c) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to require an individual who is a participant or
beneficiary to undergo HIV screening; or
``(2) as preventing a group health plan or issuer from
imposing deductibles, coinsurance, or other cost-sharing in
relation to HIV screening, except that such deductibles,
coinsurance or other cost-sharing may not be greater than the
deductibles, coinsurance, or other cost-sharing imposed on
other routine health screenings.''.
(B) The table of sections of such subchapter is amended by
inserting after the item relating to section 9813 the following
new item:
``Sec. 9814. Coverage for routine HIV screening.''.
(C) Section 4980D(d)(1) of such Code is amended by striking
``section 9811'' and inserting ``sections 9811 and 9814''.
(b) Application to Individual Health Insurance Coverage.--(1) Part
B of title XXVII of the Public Health Service Act is amended by
inserting after section 2753 the following new section:
``SEC. 2754. COVERAGE FOR ROUTINE HIV SCREENING.
``(a) In General.--The provisions of section 2708 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 715(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2754''.
(c) Application Under Federal Employees Health Benefits Program
(FEHBP).--Section 8902 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(p) A contract may not be made or a plan approved which does not
comply with the requirements of section 2708 of the Public Health
Service Act.''.
(d) Effective Dates.--(1) The amendments made by subsections (a)
and (c) apply with respect to group health plans and health benefit
plans for plan years beginning on or after January 1, 2010.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after January 1, 2010.
(e) Coordination of Administration.--The Secretary of Labor, the
Secretary of Health and Human Services, and the Secretary of the
Treasury shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this section (and the amendments made thereby) are
administered so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Routine HIV Screening Coverage Act of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require a group health plan to provide coverage for routine HIV screening under terms and conditions no less favorable than for other routine screenings. Prohibits such a plan from taking specified actions to avoid the requirements of this Act.
Applies such requirements to health insurance coverage offered in the individual market and coverage offered under the Federal Employees Health Benefits Program (FEHBP). | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Advertising and
Prudent Purchasing Act''.
SEC. 2. INCREASED REBATES UNDER THE MEDICAID PROGRAM FOR PRESCRIPTION
DRUGS DIRECTLY ADVERTISED TO CONSUMERS.
(a) In General.--Section 1927(b) of the Social Security Act (42
U.S.C. 1396r-8(b)) is amended by adding at the end the following:
``(5) Increase in amount of rebate for covered outpatient
drugs directly advertised to consumers.--
``(A) In general.--A rebate agreement under this
subsection shall provide for an increase in the amount
of the rebate determined under subsection (c) with
respect to each covered outpatient drug of a
manufacturer for which payment is made under the State
program under this title if the manufacturer of such
drug fails to certify to the Secretary that the drug
was not directly advertised to consumers during the
rebate period applicable to such agreement.
``(B) Adjustment of rebate formula.--
``(i) In general.--Not later than 180 days
after the date of enactment of this paragraph,
the Secretary shall determine appropriate
adjustments to make to the formula used to
calculate the amount of a rebate under
subsection (c) to determine the increased
amount of the rebate required under
subparagraph (A), including, to the extent the
Secretary determines appropriate, to the
application of the average manufacturer price
and best price in such formula.
``(ii) Requirements.--In determining the
adjustments required under clause (i), the
Secretary shall--
``(I) take into account the
increased costs to the State program
established under this title resulting
from the purchase of covered outpatient
drugs that are directly advertised to
consumers; and
``(II) consult with manufacturers.
``(C) Definition of directly advertised to
consumers.--In this section, the term `directly
advertised to consumers' means a reminder ad or product
claim regarding a covered outpatient drug that is
disseminated through radio, television, or other
electronic media, print media, or outdoor
advertising.''.
(b) Effective Date.--The amendment made by this section applies to
rebate agreements entered into or renewed under section 1927 of the
Social Security Act (42 U.S.C. 1396r-8) on or after the date that is
180 days after the date of enactment of this Act.
SEC. 3. REDUCED PAYMENT AND REIMBURSEMENT MECHANISMS FOR OTHER FEDERAL
PROGRAMS THAT PURCHASE OR PROVIDE REIMBURSEMENT FOR
PRESCRIPTION DRUGS THAT ARE DIRECTLY ADVERTISED TO
CONSUMERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services and
the Secretary of Veterans Affairs each shall develop and implement
procedures under which any master agreement, pricing agreement, or
contract entered into on or after that date for the procurement or
purchase of a covered drug or a covered outpatient drug by a Federal
agency or reimbursement program described in subsection (b) shall
provide that the agency or program shall pay a negotiated reduced price
for such drug unless the manufacturer has certified to the head of the
agency or program that the drug was not directly advertised to
consumers during the 12-month period preceding the date of such
procurement or purchase.
(b) Federal Agencies and Programs Described.--For purposes of
subsection (a), the Federal agencies and reimbursement programs
described in this subsection are the following:
(1) The Public Health Service, including health-related
programs administered by the Indian Health Service, and health-
related programs funded under the Public Health Service Act,
including the drug pricing agreement program established under
section 340B of such Act (42 U.S.C. 256b).
(2) The Department of Veterans Affairs and the program of
medical care furnished by the Secretary of Veterans Affairs.
(3) The Department of Defense and the Defense Health
Program.
(c) Definitions.--In this section:
(1) Covered drug.--The term ``covered drug'' has the
meaning given that term in section 8126(h)(2) of title 38,
United States Code.
(2) Covered outpatient drug.--The term ``covered outpatient
drug'' has the meaning given that term in section 1927(k)(2) of
the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(3) Directly advertised to consumers.--The term ``directly
advertised to consumers'' means a reminder ad or product claim
regarding a covered drug or a covered outpatient drug that is
disseminated through radio, television, or other electronic
media, print media, or outdoor advertising.
(4) Manufacturer.--The term ``manufacturer'' has the
meaning given that term in section 8126(h)(4) of title 38,
United States Code, and section 1927(k)(5) of the Social
Security Act (42 U.S.C. 1936r-8(k)(5)).
(d) Conforming Amendments.--
(1) Prescription drugs purchased by covered entities under
agreements entered into under the public health service act.--
Section 340B(a) of the Public Health Service Act (42 U.S.C.
256b(a)) is amended--
(A) in paragraph (1), by inserting ``or required
under paragraph (11)'' after ``as provided by the
Secretary''; and
(B) by adding at the end the following:
``(11) Reduced negotiated price for covered drugs
advertised directly to consumers.--
``(A) In general.--An agreement entered into under
paragraph (1) shall provide that with respect to each
covered drug of the manufacturer that is purchased by a
covered entity, the price charged shall not exceed the
reduced negotiated price for that drug in accordance
with the procedures established under section 3(a) of
the Pharmaceutical Advertising and Prudent Purchasing
Act if the manufacturer fails to certify to the
Secretary that the drug was not directly advertised to
consumers during the 12-month period preceding the date
of such purchase.
``(B) Definition of directly advertised to
consumers.--In subparagraph (A), the term `directly
advertised to consumers' means a reminder ad or product
claim regarding a covered outpatient drug that is
disseminated through radio, television, or other
electronic media, print media, or outdoor
advertising.''.
(2) Procurement of prescription drugs by the department of
veterans affairs, department of defense, the public health
service (including the indian health service) and the coast
guard.--Section 8126 of title 38, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and''
at the end;
(ii) by redesignating paragraph (4) as
paragraph (5);
(iii) in paragraph (5) (as redesignated by
clause (ii)), by striking ``and (3)'' and
inserting ``(3), and (4)''; and
(iv) by inserting after paragraph (3), the
following:
``(4) with respect to each covered drug of the manufacturer
that is procured by a Federal agency described in subsection
(b) under depot contracting systems, a national contract
entered into by the Secretary, or under the Federal Supply
Schedule, the price charged shall not exceed the reduced
negotiated price for that drug in accordance with the
procedures established under section 3(a) of the Pharmaceutical
Advertising and Prudent Purchasing Act if the manufacturer
fails to certify to the Secretary or the head of the Federal
agency involved that the drug was not directly advertised to
consumers during the 12-month period preceding the date of such
procurement;''; and
(B) in subsection (h), by adding at the end the
following:
``(7) Directly advertised to consumers.--The term `directly
advertised to consumers' means a reminder ad or product claim
regarding a covered drug that is disseminated through radio,
television, or other electronic media, print media, or outdoor
advertising.''.
(e) Effective Date.--The amendments made by this section apply to
master agreements, pricing agreements, and contracts entered into or
renewed on or after the date that is 180 days after the date of
enactment of this Act.
SEC. 4. REPORT TO CONGRESS ON STRATEGIES TO REDUCE THE COST OF
PRESCRIPTION DRUGS COVERED UNDER MEDICARE AND OTHER
FEDERAL PROGRAMS THAT ARE DIRECTLY ADVERTISED TO
CONSUMERS.
(a) In General.--Not later than January 1, 2007, the Secretary of
Health and Human Services, in consultation with the Secretary of
Veterans Affairs, shall submit a report to Congress that contains the
following information:
(1) The percentage of costs for prescription drugs that are
directly advertised to consumers that are passed on to Federal
agencies and programs that purchase or provide reimbursement
for such drugs.
(2) The 25 most frequently prescribed drugs that are
directly advertised to consumers and are purchased or
reimbursed by Federal agencies and programs.
(3) The 25 most costly prescription drugs that are directly
advertised to consumers and are purchased or reimbursed by
Federal agencies and programs.
(4) The aggregate amount spent by manufacturers of
prescription drugs--
(A) to directly advertise to consumers; and
(B) for the 25 most costly prescription drugs that
are directly advertised to consumers.
(5) Mechanisms for Federal agencies and programs to share
information concerning--
(A) which prescription drugs are directly
advertised to consumers;
(B) the costs to Federal agencies and programs of
such drugs; and
(C) utilization, cost, and reimbursement data
regarding the purchase of such drugs, separately
identified with respect to the medicare program and
other Federal agencies and programs, and disaggregated
for age cohorts, gender, and diagnoses of the
individuals using such drugs.
(6) Recommendations for legislative or administrative
changes or alternative strategies, separately identified with
respect to the medicare program and other Federal agencies and
programs, to ensure that Federal payments for prescription
drugs are reduced for prescription drugs directly advertised to
consumers.
(7) Strategies to ensure that prescription drug utilization
under Federal agencies and programs is based on health needs.
(8) Such other recommendations for legislation or
administrative action as the Secretary determines to be
appropriate.
(b) Definitions.--In this section:
(1) Directly advertised to consumers.--The term ``directly
advertised to consumers'' has the meaning given that term in
section 1927(b)(5)(C) of the Social Security Act (as added by
section 2(a)).
(2) Federal agency and program.--The term ``Federal agency
and program'' means the Federal agencies and programs described
in section 3(b) and includes the medicare program established
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
(3) Manufacturer.--The term ``manufacturer'' has the
meaning given that term in section 8126(h)(4) of title 38,
United States Code, and section 1927(k)(5) of the Social
Security Act (42 U.S.C. 1396r-8(k)(5)). | Pharmaceutical Advertising and Prudent Purchasing Act - Amends title XIX (Medicaid) of the Social Security Act to provide for increased rebates under the Medicaid program for prescription drugs directly advertised to consumers.
Requires the Secretary of Health and Human Services (Secretary) and the Secretary of Veterans Affairs to develop and implement procedures under which any master agreement, pricing agreement, or contract for the procurement or purchase of a covered drug or a covered outpatient drug by a federal agency or reimbursement program shall provide that the agency or program shall pay a negotiated reduced price for such drug unless the manufacturer has certified to the head of the agency or program that the drug was not directly advertised to consumers during the 12-month period preceding the date of such procurement or purchase.
Requires the Secretary to report to Congress on strategies to reduce the cost of prescription drugs covered under the Medicare and other federal programs directly advertised to consumers. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copyright Royalty Judges Program
Technical Corrections Act''.
SEC. 2. REFERENCE.
Any reference in this Act to a provision of title 17, United States
Code, refers to such provision as amended by the Copyright Royalty and
Distribution Reform Act of 2004 (Public Law 108-419) and the Satellite
Home Viewer Extension and Reauthorization Act of 2004 (title IX of
division J of Public Law 108-447).
SEC. 3. AMENDMENTS TO CHAPTER 8 OF TITLE 17, UNITED STATES CODE.
Chapter 8 of title 17, United States Code, is amended as follows:
(1) Section 801(b)(1) is amended, in the matter preceding
subparagraph (A), by striking ``119 and 1004'' and inserting ``119,
and 1004''.
(2) Section 801 is amended by adding at the end the following:
``(f) Effective Date of Actions.--On and after the date of the
enactment of the Copyright Royalty and Distribution Reform Act of 2004,
in any case in which time limits are prescribed under this title for
performance of an action with or by the Copyright Royalty Judges, and
in which the last day of the prescribed period falls on a Saturday,
Sunday, holiday, or other nonbusiness day within the District of
Columbia or the Federal Government, the action may be taken on the next
succeeding business day, and is effective as of the date when the
period expired.''.
(3) Section 802(f)(1)(A) is amended--
(A) in clause (i), by striking ``clause (ii) of this
subparagraph and subparagraph (B)'' and inserting
``subparagraph (B) and clause (ii) of this subparagraph''; and
(B) by striking clause (ii) and inserting the following:
``(ii) One or more Copyright Royalty Judges may, or by
motion to the Copyright Royalty Judges, any participant in a
proceeding may, request from the Register of Copyrights an
interpretation of any material questions of substantive law
that relate to the construction of provisions of this title and
arise in the course of the proceeding. Any request for a
written interpretation shall be in writing and on the record,
and reasonable provision shall be made to permit participants
in the proceeding to comment on the material questions of
substantive law in a manner that minimizes duplication and
delay. Except as provided in subparagraph (B), the Register of
Copyrights shall deliver to the Copyright Royalty Judges a
written response within 14 days after the receipt of all briefs
and comments from the participants. The Copyright Royalty
Judges shall apply the legal interpretation embodied in the
response of the Register of Copyrights if it is timely
delivered, and the response shall be included in the record
that accompanies the final determination. The authority under
this clause shall not be construed to authorize the Register of
Copyrights to provide an interpretation of questions of
procedure before the Copyright Royalty Judges, the ultimate
adjustments and determinations of copyright royalty rates and
terms, the ultimate distribution of copyright royalties, or the
acceptance or rejection of royalty claims, rate adjustment
petitions, or petitions to participate in a proceeding.''.
(4) Section 802(f)(1)(D) is amended by inserting a comma after
``undertakes to consult with''.
(5) Section 803(a)(1) is amended--
(A) by striking ``The Copyright'' and inserting ``The
Copyright Royalty Judges shall act in accordance with this
title, and to the extent not inconsistent with this title, in
accordance with subchapter II of chapter 5 of title 5, in
carrying out the purposes set forth in section 801. The
Copyright''; and
(B) by inserting after ``Congress, the Register of
Copyrights,'' the following: ``copyright arbitration royalty
panels (to the extent those determinations are not inconsistent
with a decision of the Librarian of Congress or the Register of
Copyrights),''.
(6) Section 803(b) is amended--
(A) in paragraph (1)(A)(i)(V)--
(i) by striking ``in the case of'' and inserting ``the
publication of notice requirement shall not apply in the
case of''; and
(ii) by striking ``, such notice may not be
published.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``, together with
a filing fee of $150'';
(ii) in subparagraph (B), by striking ``and'' after the
semicolon;
(iii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the petition to participate is accompanied by
either--
``(i) in a proceeding to determine royalty rates, a
filing fee of $150; or
``(ii) in a proceeding to determine distribution of
royalty fees--
``(I) a filing fee of $150; or
``(II) a statement that the petitioner
(individually or as a group) will not seek a
distribution of more than $1000, in which case the
amount distributed to the petitioner shall not exceed
$1000.'';
(C) in paragraph (3)(A)--
(i) by striking ``(A) In general.--Promptly'' and
inserting ``(A) Commencement of proceedings.--
``(i) Rate adjustment proceeding.--Promptly''; and
(ii) by adding at the end the following:
``(ii) Distribution proceeding.--Promptly after the
date for filing of petitions to participate in a proceeding
to determine the distribution of royalties, the Copyright
Royalty Judges shall make available to all participants in
the proceeding a list of such participants. The initiation
of a voluntary negotiation period among the participants
shall be set at a time determined by the Copyright Royalty
Judges.''.
(D) in paragraph (4)(A), by striking the last sentence; and
(E) in paragraph (6)(C)--
(i) in clause (i)--
(I) in the first sentence, by inserting ``and
written rebuttal statements'' after ``written direct
statements'';
(II) in the first sentence, by striking ``which
may'' and inserting ``which, in the case of written
direct statements, may''; and
(III) by striking ``clause (iii)'' and inserting
``clause (iv)'';
(ii) by amending clause (ii)(I) to read as follows:
``(ii)(I) Following the submission to the Copyright
Royalty Judges of written direct statements and written
rebuttal statements by the participants in a proceeding
under paragraph (2), the Copyright Royalty Judges, after
taking into consideration the views of the participants in
the proceeding, shall determine a schedule for conducting
and completing discovery.'';
(iii) by amending clause (iv) to read as follows:
``(iv) Discovery in connection with written direct
statements shall be permitted for a period of 60 days,
except for discovery ordered by the Copyright Royalty
Judges in connection with the resolution of motions,
orders, and disputes pending at the end of such period. The
Copyright Royalty Judges may order a discovery schedule in
connection with written rebuttal statements.''; and
(iv) by amending clause (x) to read as follows:
``(x) The Copyright Royalty Judges shall order a
settlement conference among the participants in the
proceeding to facilitate the presentation of offers of
settlement among the participants. The settlement
conference shall be held during a 21-day period following
the 60-day discovery period specified in clause (iv) and
shall take place outside the presence of the Copyright
Royalty Judges.''.
(7) Section 803(c)(2)(B) is amended by striking ``concerning
rates and terms''.
(8) Section 803(c)(4) is amended by striking ``, with the
approval of the Register of Copyrights,''.
(9) Section 803(c)(7) is amended by striking ``of Copyright''
and inserting ``of the Copyright''.
(10) Section 803(d)(2)(C)(i)(I) is amended by striking
``statements of account and any report of use'' and inserting
``applicable statements of account and reports of use''.
(11) Section 803(d)(3) is amended by striking ``If the court,
pursuant to section 706 of title 5, modifies'' and inserting
``Section 706 of title 5 shall apply with respect to review by the
court of appeals under this subsection. If the court modifies''.
(12) Section 804(b)(1)(B) is amended--
(A) by striking ``801(b)(3)(B) or (C)'' and inserting
``801(b)(2)(B) or (C)''; and
(B) in the last sentence, by striking ``change is'' and
inserting ``change in''.
(13) Section 804(b)(3) is amended--
(A) in subparagraph (A), by striking ``effective date'' and
inserting ``date of enactment''; and
(B) in subparagraph (C)--
(i) in clause (ii), by striking ``that is filed'' and
inserting ``is filed''; and
(ii) in clause (iii), by striking ``such subsections
(b)'' and inserting ``subsections (b)''.
SEC. 4. ADDITIONAL TECHNICAL AMENDMENTS.
(a) Distribution of Royalty Fees.--Section 111(d) of title 17,
United States Code, is amended--
(1) in the second sentence of paragraph (2), by striking all
that follows ``Librarian of Congress'' and inserting ``upon
authorization by the Copyright Royalty Judges.'';
(2) in paragraph (4)--
(A) in subparagraph (B)--
(i) by striking the second sentence and inserting the
following: ``If the Copyright Royalty Judges determine that
no such controversy exists, the Copyright Royalty Judges
shall authorize the Librarian of Congress to proceed to
distribute such fees to the copyright owners entitled to
receive them, or to their designated agents, subject to the
deduction of reasonable administrative costs under this
section.''; and
(ii) in the last sentence, by striking ``finds'' and
inserting ``find''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) During the pendency of any proceeding under this
subsection, the Copyright Royalty Judges shall have the
discretion to authorize the Librarian of Congress to proceed to
distribute any amounts that are not in controversy.''.
(b) Sound Recordings.--Section 114(f) of title 17, United States
Code, is amended--
(1) in paragraph (1)(A), in the first sentence, by striking
``except where'' and all that follows through the end period and
inserting ``except in the case of a different transitional period
provided under section 6(b)(3) of the Copyright Royalty and
Distribution Reform Act of 2004, or such other period as the
parties may agree.'';
(2) by amending paragraph (2)(A) to read as follows:
``(2)(A) Proceedings under chapter 8 shall determine reasonable
rates and terms of royalty payments for public performances of
sound recordings by means of eligible nonsubscription transmission
services and new subscription services specified by subsection
(d)(2) during the 5-year period beginning on January 1 of the
second year following the year in which the proceedings are to be
commenced, except in the case of a different transitional period
provided under section 6(b)(3) of the Copyright Royalty and
Distribution Reform Act of 2004, or such other period as the
parties may agree. Such rates and terms shall distinguish among the
different types of eligible nonsubscription transmission services
and new subscription services then in operation and shall include a
minimum fee for each such type of service. Any copyright owners of
sound recordings or any entities performing sound recordings
affected by this paragraph may submit to the Copyright Royalty
Judges licenses covering such eligible nonsubscription
transmissions and new subscription services with respect to such
sound recordings. The parties to each proceeding shall bear their
own costs.''; and
(3) in paragraph (2)(B), in the last sentence, by striking
``negotiated under'' and inserting ``described in''.
(c) Phonorecords of Nondramatic Musical Works.--Section 115(c)(3)
of title 17, United States Code, is amended--
(1) in subparagraph (B), by striking ``subparagraphs (B)
through (F)'' and inserting ``this subparagraph and subparagraphs
(C) through (E)'';
(2) in subparagraph (D), in the third sentence, by inserting
``in subparagraphs (B) and (C)'' after ``described''; and
(3) in subparagraph (E), in clauses (i) and (ii)(I), by
striking ``(C) or (D)'' each place it appears and inserting ``(C)
and (D)''.
(d) Noncommercial Broadcasting.--Section 118 of title 17, United
States Code, is amended--
(1) in subsection (b)(3), by striking ``copyright owners in
works'' and inserting ``owners of copyright in works''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``established by'' and all that follows through ``engage'' and
inserting ``established by the Copyright Royalty Judges under
subsection (b)(4), engage''; and
(B) in paragraph (1), by striking ``(g)'' and inserting
``(f)''.
(e) Satellite Carriers.--Section 119 of title 17, United States
Code, is amended--
(1) in subsection (b)(4)--
(A) in subparagraph (B), by striking the second sentence
and inserting the following: ``If the Copyright Royalty Judges
determine that no such controversy exists, the Copyright
Royalty Judges shall authorize the Librarian of Congress to
proceed to distribute such fees to the copyright owners
entitled to receive them, or to their designated agents,
subject to the deduction of reasonable administrative costs
under this section.''; and
(B) by amending subparagraph (C) to read as follows:
``(C) Withholding of fees during controversy.--During the
pendency of any proceeding under this subsection, the Copyright
Royalty Judges shall have the discretion to authorize the
Librarian of Congress to proceed to distribute any amounts that
are not in controversy.''; and
(2) in subsection (c)(1)(F)(i), in the last sentence, by
striking ``arbitrary'' and inserting ``arbitration''.
(f) Digital Audio Recording Devices.--Section 1007 of title 17,
United States Code, is amended--
(1) in subsection (b)--
(A) in the second sentence, by striking ``Librarian of
Congress'' and inserting ``Copyright Royalty Judges''; and
(B) in the last sentence, by striking ``by the Librarian'';
and
(2) in subsection (c), in the last sentence, by striking ``by
the Librarian''.
(g) Removal of Inconsistent Provisions.--The amendments contained
in subsection (h) of section 5 of the Copyright Royalty and
Distribution Reform Act of 2004 shall be deemed never to have been
enacted.
(h) Effective Date.--Section 6(b)(1) of the Copyright Royalty and
Distribution Reform Act of 2004 (Public Law 108-419) is amended by
striking ``commenced before the date of enactment of this Act'' and
inserting ``commenced before the effective date provided in subsection
(a)''.
SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES.
Section 801(b)(3)(C) of title 17, United States Code, is amended--
(1) by striking all that precedes clause (i) and inserting the
following:
``(C) Notwithstanding section 804(b)(8), the Copyright Royalty
Judges, at any time after the filing of claims under section 111,
119, or 1007, may, upon motion of one or more of the claimants and
after publication in the Federal Register of a request for
responses to the motion from interested claimants, make a partial
distribution of such fees, if, based upon all responses received
during the 30-day period beginning on the date of such publication,
the Copyright Royalty Judges conclude that no claimant entitled to
receive such fees has stated a reasonable objection to the partial
distribution, and all such claimants--''; and
(2) in clause (i), by striking ``such'' and inserting ``the''.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Except as provided under subsection (b), this Act
and the amendments made by this Act shall be effective as if included
in the Copyright Royalty and Distribution Reform Act of 2004.
(b) Partial Distribution of Royalty Fees.--Section 5 shall take
effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Copyright Royalty Judges Program Technical Corrections Act - (Sec. 3) Amends provisions regarding copyright royalty judges to: (1) make technical changes; (2) provide that when the last day of a time limit for performance of an action with or by the Copyright Royalty Judges (CRJs) falls on a nonbusiness day, the action may be taken on the next succeeding business day; (3) provide that CRJs are to act in accordance with the Administrative Procedure Act; (4) include prior determinations and interpretations of copyright arbitration royalty panels that are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights among the precedents that CRJs must consider; (5) allow participation in a proceeding to determine distribution of royalty fees without the payment of a filing fee if the petition to participate is accompanied by a statement that the petitioner (individually or as a group) will not seek a distribution of more than $1000, in which case the amount distributed to the petitioner shall not exceed $1000; (6) allow CRJs to order a discovery schedule in connection with written rebuttal statements; (7) allow CRJs to issue an amendment to a written determination to correct any technical or clerical errors in the determination or to modify terms, without approval of the Register; and (8) require that the Librarian receive authorization from the CRJs before distributing statutory licensing fees for secondary transmissions by cable systems or satellite carriers even when no controversy about such distribution exists.
(Sec. 5) Allows Copyright Royalty Judges to make a partial distribution of cable and satellite royalty fees at any time after the filing of claims for distribution of such fees. (Current law authorizes a partial distribution during the pendency of a distribution proceeding.)
(Sec. 6) Makes this Act effective as if it were included in the Copyright Royalty and Distribution Reform Act of 2004, except the partial distribution of royalty fees provisions are effective upon enactment of this Act. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosecution Drug Treatment
Alternative to Prison Act of 2001''.
SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY
STATE OR LOCAL PROSECUTORS.
(a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by adding at the end the following new
part:
``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2901. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to State or
local prosecutors for the purpose of developing, implementing, or
expanding drug treatment alternative to prison programs that comply
with the requirements of this part.
``(b) Use of Funds.--A State or local prosecutor who receives a
grant under this part shall use amounts provided under the grant to
develop, implement, or expand the drug treatment alternative to prison
program for which the grant was made, which may include payment of the
following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments to licensed substance abuse treatment
providers for providing treatment to offenders participating in
the program for which the grant was made, including aftercare
supervision, vocational training, education, and job placement.
``(3) Payments to public and nonprofit private entities for
providing treatment to offenders participating in the program
for which the grant was made, including alternative to prison
programs authorized by State or municipal agencies to perform
such services.
``(c) Federal Share.--The Federal share of a grant under this part
shall not exceed 75 percent of the cost of the program.
``(d) Supplement and Not Supplant.--Grant amounts received under
this part shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for activities funded under
this part.
``SEC. 2902. PROGRAM REQUIREMENTS.
``A drug treatment alternative to prison program with respect to
which a grant is made under this part shall comply with the following
requirements:
``(1) A State or local prosecutor shall administer the
program.
``(2) An eligible offender may participate in the program
only with the consent of the State or local prosecutor.
``(3) Each eligible offender who participates in the
program shall, as an alternative to incarceration, be sentenced
to or placed with a residential substance abuse treatment
provider that is licensed under State or local law.
``(4) Each eligible offender who participates in the
program shall serve a sentence of imprisonment with respect to
the underlying crime if that offender does not successfully
complete treatment with the residential substance abuse
provider.
``(5) Each residential substance abuse provider treating an
offender under the program shall--
``(A) make periodic reports of the progress of
treatment of that offender to the State or local
prosecutor carrying out the program and to the
appropriate court in which the defendant was convicted;
and
``(B) notify that prosecutor and that court if that
offender absconds from the facility of the treatment
provider or otherwise violates the terms and conditions
of the program.
``(6) The program shall have an enforcement unit comprised
of law enforcement officers under the supervision of the State
or local prosecutor carrying out the program, the duties of
which shall include verifying an offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an offender who has absconded from the facility of a
residential substance abuse treatment provider or otherwise
violated the terms and conditions of the program, and returning
such offender to court for sentence on the underlying crime.
``SEC. 2903. APPLICATIONS.
``(a) In General.--To request a grant under this part, a State or
local prosecutor shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
``(b) Certifications.--Each such application shall contain the
certification of the State or local prosecutor that the program for
which the grant is requested shall meet each of the requirements of
this part.
``SEC. 2904. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grant awards is equitable and includes
State or local prosecutors--
(1) in each State; and
(2) in rural, suburban, and urban jurisdictions.
``SEC. 2905. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that fiscal year shall submit to the Attorney General a report
regarding the effectiveness of activities carried out using that grant.
Each report shall include an evaluation in such form and containing
such information as the Attorney General may reasonably require. The
Attorney General shall specify the dates on which such reports shall be
submitted.
``SEC. 2906. DEFINITIONS.
``In this part:
``(1) The term `State or local prosecutor' means any
district attorney, State attorney general, county attorney, or
corporation counsel who has authority to prosecute criminal
offenses under State or local law.
``(2) The term `eligible offender' means an individual
who--
``(A) has been convicted of, or pled guilty to, or
admitted guilt with respect to a crime for which a
sentence of imprisonment is required and has not
completed such sentence;
``(B) has never been convicted of, or pled guilty
to, or admitted guilt with respect to, and is not
presently charged with, a felony crime of violence or a
major drug offense or a crime that is considered a
violent felony under State or local law; and
``(C) has been found by a professional substance
abuse screener to be in need of substance abuse
treatment because that offender has a history of
substance abuse that is a significant contributing
factor to that offender's criminal conduct.
``(3) The term `felony crime of violence' has the meaning
given such term in section 924(c)(3) of title 18, United States
Code.
``(4) The term `major drug offense' has the meaning given
such term in section 36(a) of title 18, United States Code.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(24) There are authorized to be appropriated to carry out
part AA--
``(A) $75,000,000 for fiscal year 2002;
``(B) $85,000,000 for fiscal year 2003;
``(C) $95,000,000 for fiscal year 2004;
``(D) $105,000,000 for fiscal year 2005; and
``(E) $125,000,000 for fiscal year 2006.''. | Prosecution Drug Treatment Alternative to Prison Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs under which eligible offenders, as an alternative to incarceration, shall be sentenced to or placed with a licensed residential substance abuse treatment provider.Requires: (1) each eligible offender who participates in such a program but does not successfully complete treatment to serve a sentence of imprisonment for the underlying crime; and (2) each program to have an enforcement unit comprised of law enforcement officers under the supervision of a State or local prosecutor. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hunger Relief Act of 1999''.
SEC. 2. RESTORATION OF FOOD STAMP BENEFITS FOR ALIENS.
(a) Limited Eligibility of Qualified Aliens for Certain Federal
Programs.--
(1) In general.--Section 402(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612(a)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking
``Federal programs'' and inserting ``Federal
program'';
(ii) in subparagraph (D)--
(I) by striking clause (ii); and
(II) in clause (i)--
(aa) by striking ``(i)
SSI.--'' and all that follows
through ``paragraph (3)(A)''
and inserting the following:
``(i) In general.--With respect to the
specified Federal program described in
paragraph (3)'';
(bb) by redesignating
subclauses (II) through (IV) as
clauses (ii) through (iv) and
indenting appropriately;
(cc) by striking
``subclause (I)'' each place it
appears and inserting ``clause
(i)''; and
(dd) in clause (iv) (as
redesignated by item (bb)), by
striking ``this clause'' and
inserting ``this
subparagraph'';
(iii) in subparagraph (E), by striking
``paragraph (3)(A) (relating to the
supplemental security income program)'' and
inserting ``paragraph (3)'';
(iv) in subparagraph (F);
(I) by striking ``Federal
programs'' and inserting ``Federal
program'';
(II) in clause (ii)(I)--
(aa) by striking ``(I) in
the case of the specified
Federal program described in
paragraph (3)(A),''; and
(bb) by striking ``; and''
and inserting a period; and
(III) by striking subclause (II);
(v) in subparagraph (G), by striking
``Federal programs'' and inserting ``Federal
program'';
(vi) in subparagraph (H), by striking
``paragraph (3)(A) (relating to the
supplemental security income program)'' and
inserting ``paragraph (3)''; and
(vii) by striking subparagraphs (I), (J),
and (K); and
(B) in paragraph (3)--
(i) by striking ``means any'' and all that
follows through ``The supplemental'' and
inserting ``means the supplemental''; and
(ii) by striking subparagraph (B).
(2) Conforming amendment.--Section 402(b)(2)(F) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612(b)(2)(F)) is amended by striking
``subsection (a)(3)(A)'' and inserting ``subsection (a)(3)''.
(b) Five-Year Limited Eligibility of Qualified Aliens for Federal
Means-Tested Public Benefit.--Section 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613) is amended--
(1) in subsection (c)(2), by adding at the end the
following:
``(L) Assistance or benefits under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.).''; and
(2) in subsection (d)--
(A) by striking ``not apply'' and all that follows
through ``(1) an individual'' and inserting ``not apply
to an individual''; and
(B) by striking ``; or'' and all that follows
through ``402(a)(3)(B)''.
(c) Authority for States To Provide for Attribution of Sponsor's
Income and Resources to the Alien With Respect to State Programs.--
Section 422(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1632(b)) is amended by adding at
the end the following:
``(8) Programs comparable to assistance or benefits under
the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).''.
(d) Requirements for Sponsor's Affidavit of Support.--Section
423(d) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1183a note; Public Law 104-193) is
amended by adding at the end the following:
``(12) Benefits under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.), if a sponsor is unable to make the reimbursement
because the sponsor experiences hardship (including bankruptcy,
disability, and indigence) or if the sponsor experiences severe
circumstances beyond the control of the sponsor, as determined
by the Secretary of Agriculture.''.
(e) Derivative Eligibility for Benefits.--Section 436 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1646) is repealed.
(f) Application.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall apply to
assistance or benefits provided under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.) for months beginning on or after
October 1, 2001.
(2) Refugees and asylees.--In the case of an alien
described in section 402(a)(2)(A) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1612(a)(2)(A)), this section and the amendments made
by this section shall apply to assistance or benefits provided
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for
months beginning on or after April 1, 2000.
SEC. 3. VEHICLE ALLOWANCE.
(a) In General.--Section 5(g)(2) of the Food Stamp Act of 1977 (7
U.S.C. 2014(g)(2)) is amended--
(1) in subparagraph (B)(iv)--
(A) by striking ``subparagraph (C)'' and inserting
``subparagraphs (C) and (D)''; and
(B) by striking ``to the extent that'' and all that
follows through the end of the clause and inserting
``to the extent that the fair market value of the
vehicle exceeds $4,650; and''; and
(2) by adding at the end the following:
``(D) Alternative vehicle allowance.--If the
vehicle allowance standards that a State agency uses to
determine eligibility for assistance under the State
program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) would result in a
lower attribution of resources to certain households
than under subparagraph (B)(iv), in lieu of applying
subparagraph (B)(iv), the State agency may elect to
apply the State vehicle allowance standards to all
households that would incur a lower attribution of
resources under the State vehicle allowance
standards.''.
(b) Effective Date.--The amendments made by this section take
effect on July 1, 2000.
SEC. 4. MAXIMUM AMOUNT OF EXCESS SHELTER EXPENSE DEDUCTION.
Section 5(e)(7)(B) of the Food Stamp Act of 1977 (7 U.S.C.
2014(e)(7)(B)) is amended by striking clauses (iii) and (iv) and
inserting the following:
``(iii) for fiscal year 1999, $275, $478,
$393, $334, and $203 per month, respectively;
``(iv) for fiscal year 2000, $280, $483,
$398, $339, and $208 per month, respectively;
``(v) for fiscal year 2001, $340, $543,
$458, $399, and $268 per month, respectively;
and
``(vi) for fiscal year 2002 and each
subsequent fiscal year, the applicable amount
during the preceding fiscal year, as adjusted
to reflect changes for the 12-month period
ending the preceding November 30 in the
Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of
the Department of Labor.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL COMMODITIES
UNDER EMERGENCY FOOD ASSISTANCE PROGRAM.
Section 214 of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7515) is amended by adding at the end the following:
``(e) Authorization of Appropriations.--
``(1) In general.--In addition to any other funds that are
made available to carry out this section, there are authorized
to be appropriated to purchase and make available additional
commodities under this section $20,000,000 for each of fiscal
years 2001 through 2005.
``(2) Direct expenses.--Not less than 15 percent of the
amount made available under paragraph (1) shall be used to pay
direct expenses (as defined in section 204(a)(2)) incurred by
emergency feeding organizations to distribute additional
commodities to needy persons.''. | Exempts food stamp provisions respecting aliens from: (1) the five-year waiting period for Federal means-tested public benefits eligibility; (2) inclusion of sponsor income and resources to an alien for State benefits eligibility; and (3) sponsor reimbursement requirements in cases of hardship.
Sets forth effective dates for: (1) aliens; and (2) refugees and asylees.
(Sec. 3) Amends the Food Stamp Act of 1977 to authorize a State to use an alternative State auto valuation rather than the Federal one in order to provide a lower household resource attribution for food stamp program purposes.
(Sec. 4) Increases, and indexes for inflation, the food stamp excess shelter deduction.
(Sec. 5) Amends the Emergency Food Assistance Act of 1983 to authorize additional appropriations for commodity purchases under the emergency food assistance program. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering State Forestry to Improve
Forest Health Act of 2017''.
SEC. 2. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.
(a) In General.--Section 13A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
``(a) Purpose.--The purpose of this section is to establish a
landscape-scale restoration program to support landscape-scale
restoration and management that results in measurable improvements to
public benefits derived from State and private forest land, as
identified in--
``(1) a State-wide assessment described in section
2A(a)(1); and
``(2) a long-term State-wide forest resource strategy
described in section 2A(a)(2).
``(b) Definitions.--In this section:
``(1) Private forest land.--The term `private forest land'
means land that--
``(A)(i) has existing tree cover; or
``(ii) is suitable for growing trees; and
``(B) is owned by--
``(i) an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)); or
``(ii) any private individual or entity.
``(2) Regional.--The term `regional' means of any region of
the National Association of State Foresters.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(4) State forest land.--The term `State forest land'
means land that is owned by a State or unit of local
government.
``(5) State forester.--The term `State Forester' means a
State Forester or equivalent State official.
``(c) Establishment.--The Secretary, in consultation with State
Foresters or other appropriate State agencies, shall establish a
landscape-scale restoration program--
``(1) to provide financial and technical assistance for
landscape-scale restoration projects on State forest land or
private forest land; and
``(2) that maintains or improves benefits from trees and
forests on that land.
``(d) Requirements.--The landscape-scale restoration program
established under subsection (c) shall--
``(1) measurably address the national private forest
conservation priorities described in section 2(c);
``(2) enhance public benefits from trees and forests, as
identified in--
``(A) a State-wide assessment described in section
2A(a)(1); and
``(B) a long-term State-wide forest resource
strategy described in section 2A(a)(2); and
``(3) in accordance with the purposes described in section
2(b), have one or more objectives including--
``(A) protecting or improving water quality or
quantity;
``(B) reducing wildfire risk, including through
hazardous fuels treatment;
``(C) protecting or enhancing wildlife habitat,
consistent with wildlife objectives established by the
applicable State fish and wildlife agency;
``(D) improving forest health and forest
ecosystems, including addressing native, nonnative, and
invasive pests; or
``(E) enhancing opportunities for new and existing
markets in which the production and use of wood
products strengthens local and regional economies.
``(e) Measurement.--The Secretary, in consultation with State
Foresters, shall establish a measurement system, including measurement
tools, that--
``(1) consistently measures the results of landscape-scale
restoration projects described in subsection (c); and
``(2) is consistent with the measurement systems of other
Federal programs delivered by State Foresters.
``(f) Use of Amounts.--
``(1) Allocation.--Of amounts made available for the
landscape-scale restoration program established under
subsection (c), the Secretary shall allocate--
``(A) 50 percent for the competitive process in
accordance with subsection (g); and
``(B) 50 percent proportionally to States, in
consultation with State Foresters--
``(i) to maximize the achievement of the
objectives described in subsection (d)(3); and
``(ii) to address the highest national
priorities, as identified in--
``(I) State-wide assessments
described in section 2A(a)(1); and
``(II) long-term State-wide forest
resource strategies described in
section 2A(a)(2).
``(2) Multiyear projects.--The Secretary may provide
amounts under this section for multiyear projects.
``(g) Competitive Process.--
``(1) In general.--The Secretary shall distribute amounts
described in subsection (f)(1)(A) through a competitive process
for landscape-scale restoration projects described in
subsection (c) to maximize the achievement of the objectives
described in subsection (d)(3).
``(2) Eligibility.--To be eligible for funding through the
competitive process described in paragraph (1), a State
Forester, or another entity on approval of the State Forester,
shall submit to the Secretary one or more landscape-scale
restoration proposals that--
``(A) in accordance with paragraph (3)(A), include
priorities identified in--
``(i) State-wide assessments described in
section 2A(a)(1); and
``(ii) long-term State-wide forest resource
strategies described in section 2A(a)(2);
``(B) identify one or more measurable results to be
achieved through the project;
``(C) to the maximum extent practicable, include
activities on all land necessary to accomplish the
measurable results in the applicable landscape;
``(D) to the maximum extent practicable, are
developed in collaboration with other public and
private sector organizations and local communities; and
``(E) derive not less than 50 percent of the
funding for the project from non-Federal sources,
unless the Secretary determines--
``(i) the applicant is unable to derive not
less than 50 percent of the funding for the
project from non-Federal sources; and
``(ii) the benefits of the project justify
pursuing the project.
``(3) Prioritization.--The Secretary--
``(A) shall give priority to projects that, as
determined by the Secretary, best carry out priorities
identified in State-wide assessments described in
section 2A(a)(1) and long-term State-wide forest
resource strategies described in section 2A(a)(2),
including--
``(i) involvement of public and private
partnerships;
``(ii) inclusion of cross-boundary
activities on--
``(I) Federal forest land;
``(II) State forest land; or
``(III) private forest land;
``(iii) involvement of areas also
identified for cost-share funding by the
Natural Resources Conservation Service or any
other relevant Federal agency;
``(iv) protection or improvement of water
quality or quantity;
``(v) reduction of wildfire risk;
``(vi) protection or enhancement of
wildlife habitat, consistent with wildlife
objectives established by the applicable State
fish and wildlife agency;
``(vii) improvement of forest health,
including addressing native, nonnative, and
invasive pests;
``(viii) enhancement of opportunities for
new and existing markets in which the
production and use of wood products strengthens
local and regional economies; and
``(ix) otherwise addressing the national
private forest conservation priorities
described in section 2(c); and
``(B) may give priority to projects in proximity to
other landscape-scale projects on other land under the
jurisdiction of the Secretary, the Secretary of the
Interior, or a Governor of a State, including--
``(i) ecological restoration treatments
under the Collaborative Forest Landscape
Restoration Program established under section
4003 of the Omnibus Public Land Management Act
of 2009 (16 U.S.C. 7303);
``(ii) projects on landscape-scale areas
designated for insect and disease treatment
under section 602 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591a);
``(iii) authorized restoration services
under section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a);
``(iv) watershed restoration and protection
services under section 331 of the Department of
the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291;
16 U.S.C. 1011 note);
``(v) stewardship end result contracting
projects under section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591c); or
``(vi) projects under other relevant
programs, as determined by the Secretary.
``(4) Proposal review.--
``(A) In general.--The Secretary shall establish a
process for the review of proposals submitted under
paragraph (2) that ranks each proposal based on--
``(i) the extent to which the proposal
would achieve the requirements described in
subsection (d); and
``(ii) the priorities described in
paragraph (3)(A).
``(B) Regional review.--The Secretary may carry out
the process described in subparagraph (A) at a regional
level.
``(h) Report.--Not later than 3 years after the date of enactment
of the Empowering State Forestry to Improve Forest Health Act of 2017,
the Secretary shall submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing--
``(1) the status of the development, execution, and
administration of landscape-scale projects selected under the
program under this section;
``(2) an accounting of expenditures under the program under
this section; and
``(3) specific accomplishments that have resulted from
landscape-scale projects under the program under this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the landscape-scale restoration
program established under subsection (c) $30,000,000 for each of fiscal
years 2017 through 2021, to remain available until expended.''.
SEC. 3. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6513) is amended--
(1) in subsection (d), by adding at the end the following:
``(3) Cross-boundary considerations.--For any fiscal year
for which the amount appropriated for hazardous fuels reduction
is in excess of $300,000,000, the Secretary--
``(A) is encouraged to use the excess amounts for
projects that include cross-boundary consideration; and
``(B) of that excess amount, may use, through
grants to State Foresters, to support hazardous fuel
reduction projects on non-Federal land in accordance
with subsection (e) an amount equal to the greater of--
``(i) 20 percent; and
``(ii) $20,000,000.''; and
(2) by adding at the end the following:
``(e) Cross-Boundary Fuels Reduction Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall use the funds described in subsection (d)(3) to
support hazardous fuel reduction projects that incorporate
treatments in landscapes across ownership boundaries on
Federal, State, county, or tribal land, private land, and other
non-Federal land, particularly in areas identified as
priorities in applicable State-wide forest resource assessments
or strategies under section 2A(a) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed
to by the State Forester and the Regional Forester.
``(2) Land treatments.--To conduct and fund treatments for
projects that include Federal and non-Federal land, the
Secretary may--
``(A) use the authorities of the Secretary relating
to cooperation and technical and financial assistance,
including the good neighbor authority under--
``(i) section 8206 of the Agricultural Act
of 2014 (16 U.S.C. 2113a); and
``(ii) section 331 of the Department of the
Interior and Related Agencies Appropriations
Act, 2001 (16 U.S.C. 1011 note; Public Law 106-
291); and
``(B) allocate cross-boundary wildfire mitigation
funds, in accordance with subsection (d)(3) and
paragraph (1), for projects carried out pursuant to
that section (16 U.S.C. 2113a).
``(3) Cooperation.--In carrying out this subsection, the
State Forester, in consultation with the Secretary (or a
designee)--
``(A) shall consult with the owners of State,
county, tribal, and private land and other non-Federal
land with respect to hazardous fuels reduction
projects; and
``(B) shall not implement any project on non-
Federal land without the consent of the owner of the
non-Federal land.
``(4) Existing laws.--Regardless of the individual or
entity implementing a project on non-Federal land under this
subsection, only the laws and regulations that apply to non-
Federal land shall be applicable with respect to the
project.''. | Empowering State Forestry to Improve Forest Health Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to direct the Forest Service to establish a landscape-scale restoration program to provide financial and technical assistance for landscape-scale restoration projects on state and private forest lands that maintain or improve benefits from trees and forests on such lands. The program shall: address the national private forest conservation priorities specified under the Act; and enhance public benefits from trees and forests, as identified in a state-wide assessment and a long-term state-wide forest resource strategy under the Act. The program shall also have one or more objectives, including to: protect or improve water quality or quantity; reduce wildfire risk, including through hazardous fuels treatment; protect or enhance wildlife habitat; improve forest health and forest ecosystems, including addressing native, nonnative, and invasive pests; or enhance opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies. The Forest Service shall allocate from the amounts made available under this bill: 50% for the competitive process for distributing funds for landscape-scale restoration projects; and 50% proportionally to states to maximize the achievement of the restoration program's objectives and to address the highest national priorities, as identified in state-wide assessments and long-term state-wide forest resource strategies. The bill amends the Healthy Forests Restoration Act of 2003 to allocate funds and use specified authorities of the Department of Agriculture or of the Department of the Interior, as appropriate, to assist cross-boundary hazardous fuel reduction and wildfire mitigation programs. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Enhancement and Security Act
of 2007''.
SEC. 2. ESTABLISHMENT OF FEDERAL GUIDELINES FOR ELECTRONIC VOTING
EQUIPMENT.
(a) Establishment of Guidelines; Support From National Institute of
Standards and Technology.--Section 221 of the Help America Vote Act of
2002 (42 U.S.C. 15361 et seq.) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Special Rules for Establishment of Guidelines for Electronic
Voting Equipment.--
``(1) Establishment of guidelines.--In addition to any
other guidelines developed under this section, the Development
Committee shall develop specific guidelines for the operation
of electronic voting equipment in elections for Federal office
under which the equipment will comply with each of the
following technologies:
``(A) A technology that allows a contemporaneous,
redundant, and auditable trail of the votes cast or
recorded on such equipment. For purposes of this
subparagraph, a trail is `contemporaneous' if it is
created and recorded at the same time as the original
record.
``(B) A technology that allows each individual who
is eligible to vote in such an election to verify the
ballot before the individual's vote is cast into the
equipment.
``(C) A technology that ensures reliable security
of the equipment from tampering or improper use.
``(D) A technology that ensures that individuals
with disabilities who are eligible to vote in the
election can vote independently and without assistance.
``(2) Technical support from nist.--The Director of the
National Institute of Standards and Technology shall provide
the Development Committee with technical support in the
development of the guidelines for electronic voting equipment
under this subsection, in the same manner as the technical
support provided under subsection (e).
``(3) Deadline.--The Director shall complete the
requirements of subsection (a) not later than January 1,
2010.''.
(b) Requiring States to Meet Guidelines.--
(1) Requirement.--
(A) In general.--Section 301 of such Act (42 U.S.C.
15481) is amended--
(i) by redesignating subsections (b)
through (d) as subsections (c) through (e); and
(ii) by inserting after subsection (a) the
following new subsection:
``(b) Special Requirements for Electronic Voting Equipment.--
``(1) In general.--Any voting system which consists in
whole or in part of an electronic vote recording device or an
electronic vote tabulation device shall meet the voting system
guidelines applicable to such devices which are adopted by the
Commission pursuant to section 222 (in accordance with the
requirements for the development of such guidelines under
section 221(f)).
``(2) Definitions.--In this subsection--
``(A) the term `vote recording device' means the
mechanism or medium used for recording a voter's ballot
choices; and
``(B) the term `vote tabulation device' means the
mechanism or equipment used to tabulate the votes
recorded on the vote recording device.
``(3) Effective date.--Paragraph (1) shall apply with
respect to elections for Federal office held in 2012 and each
succeeding year.''.
(B) Conforming amendment.--Section 301(e) of such
Act (42 U.S.C. 15481(e)), as redesignated by
subparagraph (A), is amended by striking ``Each State''
and inserting ``Except as provided in subsection (b),
each State''.
(2) Availability of funding for meeting requirements.--
Section 257(a) of such Act (42 U.S.C. 15407(a) is amended by
adding at the end the following new paragraph:
``(4) For fiscal year 2011, $1,000,000,000, except that any
funds provided under the authorization made by this paragraph
shall be used by a State only to meet the requirements of
section 301(b), or to otherwise modify or replace its voting
systems in response to such requirements.''.
SEC. 3. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
(a) Requiring States To Administer Audits in Accordance With State
Plan.--Subtitle A of title III of the Help America Vote Act of 2002 (42
U.S.C. 15481 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 303A. AUDITS OF RESULTS OF ELECTIONS.
``(a) Requiring States To Administer Audits in Accordance With
State Plan.--
``(1) In general.--Each State shall administer audits of
the results of elections for Federal office held in the State
in accordance with a State audit plan which describes the
entity responsible for administering the audits, the procedures
for administering the audits, and the rules for determining
which elections will be subject to audits and the number of
tabulation units in which the audits will occur.
``(2) Tabulation unit defined.--In this subsection, the
term `tabulation unit' means, with respect to an election, a
unit established by the State prior to the election (such as a
precinct, polling location, or particular type of voting
device) in which the votes tabulated by the voting system used
in the unit may be compared with the audit of the results of
the ballots cast in the unit.
``(3) Submission of plan to commission.--Not later than
January 1, 2009, the State shall submit its initial State audit
plan under this section to the Commission.
``(b) Certification.--A State does not meet the requirements of
this section unless the chief executive of the State and the chief
election official of the State certify that the State audit plan
provides for the fair and effective administration of audits under
procedures that are transparent and open to the public.
``(c) Effective Date.--This section shall apply with respect to the
regularly scheduled general elections for Federal office held in
November 2010 and each succeeding election for Federal office.''.
(b) Availability of Enforcement.--Section 401 of such Act (42
U.S.C. 15511) is amended by striking ``sections 301, 302, and 303'' and
inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following:
``303A. Audits of results of elections.''.
SEC. 4. REQUIRING STATES TO DEVELOP AND IMPLEMENT ELECTION SECURITY
PROTOCOLS AND CONTINGENCY PLANS.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 3(a), is
further amended by inserting after section 303A the following new
section:
``SEC. 303B. DEVELOPMENT AND IMPLEMENTATION OF ELECTION SECURITY
PROTOCOLS AND CONTINGENCY PLANS.
``(a) Requirements for States.--Each State and jurisdiction which
administers elections for Federal office shall--
``(1) develop and implement security protocols for
protecting the voting equipment used in such elections and for
ensuring the security of the administration of such elections;
and
``(2) develop and implement contingency plans for
addressing voting system failures and other emergencies which
may occur on the date of such an election, including the
protocols to be followed at polling places and the protocols
applicable to the use of emergency ballots.
``(b) Effective Date.--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.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 3(c), is further amended by inserting after the item
relating to section 303A the following:
``303B. Development and implementation of election security protocols
and contingency plans.''. | Voting Enhancement and Security Act of 2007 - Amends the Help America Vote Act of 2002 to direct the Technical Guidelines Development Committee to develop for the Election Assistance Commission specific guidelines, meeting certain criteria, for the operation of electronic voting equipment in federal elections. Requires states to comply with such guidelines.
Requires states to: (1) administer audits of the results of federal elections held in the state in accordance with a state audit plan; and (2) develop and implement election security protocols for protecting the voting equipment and contingency plans for addressing voting system failures and other emergencies. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Office for Social Work
Research Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Social workers help people overcome some of life's most
difficult challenges: poverty, discrimination, abuse,
addiction, physical illness, divorce, loss, unemployment,
educational problems, disability, and mental illness. They help
prevent crises and counsel individuals, families, and
communities to cope more effectively with the stresses of
everyday life. Professional social workers are found in every
facet of community life--in schools, hospitals, mental health
clinics, senior centers, elected office, private practices,
prisons, the military, corporations, and in numerous public and
private agencies that serve individuals and families in need.
(2) Social workers focus on the improvement of individual
and family functioning and the creation of effective health and
mental health prevention and treatment interventions in order
for individuals to become more productive members of society.
(3) Social workers provide front line prevention and
treatment services in the areas of school violence, aging, teen
pregnancy, child abuse, domestic violence, juvenile crime, and
substance abuse, particularly in rural and underserved
communities.
(4) Social workers are in a unique position to provide
valuable research information on these complex social concerns,
taking into account a wide range of social, medical, economic,
and community influences from an interdisciplinary, family-
centered and community-based approach.
(5) Social work research as it relates to the health of
individuals sheds light on the behavioral and social
determinants of wellness and disease and helps to develop
effective interventions for improving health outcomes.
SEC. 3. NATIONAL OFFICE OF SOCIAL WORK RESEARCH.
Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end the following:
``SEC. 404I. NATIONAL OFFICE OF SOCIAL WORK RESEARCH.
``(a) Establishment.--There is established within the Office of the
Director of NIH an office to be known as the Office of Social Work
Research (in this section referred to as the `Office'), which shall be
headed by a Director (in this section referred to as the `Director') to
be appointed by the Director of NIH.
``(b) Purpose of Office.--The general purpose of the Office is the
conduct and support of, and dissemination of, targeted research
concerning social work methods and outcomes related to problems of
significant social concern. The Office shall--
``(1) promote research and training that is designed to
inform social work practices, and otherwise increase the
knowledge base which promotes a healthier America; and
``(2) provide policymakers with empirically based research
information to enable such policymakers to better understand
complex social issues and make informed funding decisions about
service effectiveness and cost efficiency.
``(c) Duties.--
``(1) In general.--The Director of the Office shall carry
out the following:
``(A) Recommend an agenda for conducting and
supporting social work research through the national
research institutes and centers. The agenda shall
provide for a broad range of research, training and
education activities, including scientific workshops
and symposia to identify social work research
opportunities.
``(B) With respect to social work, promote
coordination and cooperation among the national
research institutes and centers and entities whose
research is supported by such institutes.
``(C) If determined appropriate, and in
collaboration with the directors of the other relevant
institutes and centers of the National Institutes of
Health, enter into cooperative agreements with and make
grants for centers of excellence on social work in
accordance with section 404G.
``(D) Promote the sufficient allocation of the
resources of the National Institutes of Health for
conducting and supporting social work research.
``(E) Promote and encourage the establishment of a
centralized clearinghouse for social work research that
will provide understandable information about this
research to the public, social service professionals,
medical professionals, patients and families.
``(F) Biennially prepare a report that describes
the social work research and education activities being
conducted or supported through the national research
institutes and centers, and that identifies particular
projects or types of projects that should in the future
be conducted or supported by the national research
institutes and centers or other entities in the field
of social work research.
``(G) Prepare the annual report of the Director of
NIH to Congress concerning social work research
conducted by or supported through the national research
institutes and centers.
``(2) Principal advisor regarding social work research.--
With respect to social work research, the Director shall serve
as the principal advisor to the Director of NIH and shall
provide advice to other relevant agencies. The Director shall
provide liaison with national and international patient, health
and behavioral health and social service organizations
concerned with social work research.
``(d) Definitions.--For purposes of this section, the term `social
work research' means the study of preventive interventions, treatment
of acute psychosocial problems, care and rehabilitation of individuals
with severe, chronic difficulties, community development interventions,
organizational administration, and the effects of social policy actions
on the practice of social work (TFSWR, 1991, p.1). Social work research
may cover the entire lifespan, and may be focused at clinical and
services and policy issues, focusing on individual, family, group,
community or organizational levels of intervention and analysis.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may have been appropriated for fiscal year 2011 for such purpose, and
$4,000,000 for each of fiscal years 2012 through 2015.''.
SEC. 4. SOCIAL WORK RESEARCH CENTERS OF EXCELLENCE.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.),
as amended by section 3, is further amended by inserting after section
404I the following:
``SEC. 404J. SOCIAL WORK RESEARCH CENTERS OF EXCELLENCE.
``(a) Cooperative Agreements and Grants.--
``(1) In general.--The Director of the Office of Social
Work Research (in this section referred to as the `Director'),
in collaboration with the directors of the other relevant
institutes and centers of the National Institutes of Health,
may enter into cooperative agreements with, and make grants to,
public or private nonprofit entities to pay all or part of the
cost of planning, establishing, or strengthening, and providing
basic operating support for, centers of excellence for clinical
and psychosocial research, training in, and demonstration of
social work research.
``(2) Policies.--A cooperative agreement or grant under
paragraph (1) shall be entered into in accordance with policies
established by the Director of NIH.
``(b) Coordination With Other Institutes.--The Director shall
coordinate the activities under this section with similar activities
conducted by other national research institutes, centers and agencies
of the National Institutes of Health, and the Department of Veterans
Affairs, the Department of Defense, the Administration for Children and
Families, the Department of Justice, the Department of Education, the
Department of Housing and Urban Development, to the extent that such
institutes, centers and agencies have responsibilities that are related
to social work research.
``(c) Uses for Federal Payments Under Cooperative Agreements or
Grants.--Federal payments made under a cooperative agreement or grant
under subsection (a) may be used for--
``(1) staffing, administrative, and other basic operating
costs, including such patient care costs as are required for
research;
``(2) interdisciplinary training for health and social
service professionals on research and the use of evidence, with
respect to social work research; and
``(3) social work research and demonstration programs.
``(d) Period of Support; Additional Periods.--Support of a center
under subsection (a) may be for a period of not to exceed 5 years. Such
period may be extended by the Director for additional periods of not to
exceed 5 years if the operations of such center have been reviewed by
an appropriate technical and scientific peer review group established
by the Director and if such group has recommended to the Director that
such period should be extended.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may have been appropriated for fiscal year 2011 for such purpose, and
$20,000,000 for each of fiscal years 2012 through 2015.''. | National Office for Social Work Research Act - Amends the Public Health Service Act to establish the Office of Social Work Research in the National Institutes of Health (NIH) to conduct, support, and disseminate targeted research concerning social work methods and outcomes related to problems of significant social concern. Requires the Office to: (1) promote research and training to inform social work practices, and (2) provide policymakers with research to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. Sets forth duties of the Director of the Office, which shall include: (1) recommending an agenda for conducting and supporting social work research through the national research institutes and centers; (2) promoting coordination and cooperation among such institutes and centers; (3) promoting the sufficient allocation of NIH resources for such research; and (4) promoting and encouraging the establishment of a centralized clearinghouse for social work research to provide understandable information about this research to the public, social service professionals, medical professionals, patients, and families. Requires the Director to serve as the principal adviser to the Director of NIH and to provide advice to other relevant agencies. Authorizes the Director of the Office to enter into cooperative agreements with, and make grants to, public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for centers of excellence for clinical and psychosocial research, training in, and demonstration of social work research. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mark Twain Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Samuel Clemens--better known to the world as Mark Twain--
was a unique American voice whose literary work has had a lasting
effect on our Nation's history and culture.
(2) Mark Twain remains one of the best known Americans in the
world with over 6,500 editions of his books translated into 75
languages.
(3) Mark Twain's literary and educational legacy remains strong
even today, with nearly every book he wrote still in print,
including The Adventures of Tom Sawyer and Adventures of
Huckleberry Finn--both of which have never gone out of print since
they were first published over a century ago.
(4) In the past 2 decades alone, there have been more than 100
books published and over 250 doctoral dissertations written on Mark
Twain's life and work.
(5) Even today, Americans seek to know more about the life and
work of Mark Twain, as people from around the world and across all
50 States annually flock to National Historic Landmarks like the
Mark Twain House & Museum in Hartford, CT, and the Mark Twain
Boyhood Home & Museum in Hannibal, MO.
(6) Mark Twain's work is remembered today for addressing the
complex social issues facing America at the turn of the century,
including the legacy of the Civil War, race relations, and the
economic inequalities of the ``Gilded Age''.
(7) Today Mark Twain's work lives on through educational
institutions throughout the United States, such as the Mark Twain
Project at the Bancroft Library of the University of California,
Berkeley, California, and the Center for Mark Twain Studies at
Elmira College, in Elmira, New York.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the life and legacy of Mark Twain.
(2) Designation and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2016''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Board of the Mark Twain House and
Museum; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2016.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) One-quarter of the surcharges, to the Mark Twain House &
Museum in Hartford, Connecticut, to support the continued
restoration of the Mark Twain house and grounds, and ensure
continuing growth and innovation in museum programming to research,
promote and educate on the legacy of Mark Twain.
(2) One-quarter of the surcharges, to the University of
California, Berkeley, California, for the benefit of the Mark Twain
Project at the Bancroft Library to support programs to study and
promote the legacy of Mark Twain.
(3) One-quarter of the surcharges, to Elmira College, New York,
to be used for research and education purposes.
(4) One-quarter of the surcharges, to the Mark Twain Boyhood
Home and Museum in Hannibal, Missouri, to preserve historical sites
related to Mark Twain and help support programs to study and
promote his legacy.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of each of the organizations referred to in paragraphs (1), (2),
(3), and (4) of subsection (b) as may be related to the expenditures of
amounts paid under such subsection.
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. NO NET COST.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are disbursed to
any recipient designated in section 7 until the total cost of
designing and issuing all of the coins authorized by this Act
(including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Mark Twain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the life and legacy of Mark Twain.
Limits issuance of such coins to calendar year 2016.
Requires specified surcharges in the sale of such coins, which shall be promptly paid, in specified percentages, to: (1) the Mark Twain House & Museum in Hartford, Connecticut, to support the continued restoration of the house and grounds, and ensure continuing growth and innovation in museum programming to research, promote, and educate on the legacy of Mark Twain; (2) the University of California, Berkeley, for the benefit of the Mark Twain Project at the Bancroft Library to support programs to study and promote the legacy of Mark Twain; (3) Elmira College, New York, for research and education purposes; and (4) the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support study and promotion programs.
Directs the Secretary to take actions to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government, and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in this Act until the total cost of designing and issuing all of the coins authorized by this Act is recovered by the Treasury. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Melanie Blocker-Stokes Postpartum
Depression Research and Care Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Postpartum depression is a devastating mood disorder
which strikes many women during and after pregnancy.
(2) Postpartum mood changes are common and can be broken
into three subgroups: ``baby blues'', which is an extremely
common and the less severe form of postpartum depression;
postpartum mood and anxiety disorders, which are more severe
than baby blues and can occur during pregnancy and anytime
within the first year of the infant's birth; and postpartum
psychosis, which is the most extreme form of postpartum
depression and can occur during pregnancy and up to 12 months
after delivery.
(3) ``Baby blues'' is characterized by mood swings,
feelings of being overwhelmed, tearfulness, irritability, poor
sleep, mood changes, and a sense of vulnerability.
(4) The symptoms of postpartum mood and anxiety disorders
are the worsening and the continuation of the baby blues beyond
the first days or weeks after delivery.
(5) The symptoms of postpartum psychosis include losing
touch with reality, distorted thinking, delusions, auditory
hallucinations, paranoia, hyperactivity, and rapid speech or
mania.
(6) Each year over 400,000 women suffer from postpartum
mood changes, with baby blues afflicting up to 80 percent of
new mothers; postpartum mood and anxiety disorders impairing
around 10 to 20 percent of new mothers; and postpartum
psychosis striking 1 in 1,000 new mothers.
(7) Postpartum depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary hospitalization.
(8) All too often postpartum depression goes undiagnosed or
untreated due to the social stigma surrounding depression and
mental illness, the myth of motherhood, the new mother's
inability to self-diagnose her condition, the new mother's
shame or embarrassment over discussing her depression so near
to the birth of her child, the lack of understanding in society
and the medical community of the complexity of postpartum
depression, and economic pressures placed on hospitals and
providers.
(9) Untreated, postpartum depression can lead to further
depression, substance abuse, loss of employment, divorce and
further social alienation, self-destructive behavior, or even
suicide.
(10) Untreated, postpartum depression impacts society
through its effect on the infant's physical and psychological
development, child abuse, neglect, or death of the infant or
other siblings, and the disruption of the family.
TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health and the
Director of the National Institute of Mental Health (in this title
referred to as the ``Institute''), is encouraged to continue aggressive
work on postpartum depression and postpartum psychosis.
(b) Coordination With Other Institutes.--The Director of the
Institute should continue to coordinate activities of the Director
under subsection (a) with similar activities conducted by the other
national research institutes and agencies of the National Institutes of
Health to the extent that such Institutes and agencies have
responsibilities that are related to postpartum conditions.
(c) Programs for Postpartum Conditions.--In carrying out subsection
(a), the Director of the Institute is encouraged to continue research
to expand the understanding of the causes of, and to find a cure for,
postpartum conditions. Activities under such subsection shall include
conducting and supporting the following:
(1) Basic research concerning the etiology and causes of
the conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved screening and diagnostic
techniques.
(4) Clinical research for the development and evaluation of
new treatments, including new biological agents.
(5) Information and education programs for health care
professionals and the public.
SEC. 102. NATIONAL PUBLIC AWARENESS CAMPAIGN.
(a) In General.--The Director of the National Institutes of Health
and the Administrator of the Health Resources and Services
Administration are encouraged to carry out a coordinated national
campaign to increase the awareness and knowledge of postpartum
depression and postpartum psychosis.
(b) Public Service Announcements.--Activities under the national
campaign under subsection (a) may include public service announcements
through television, radio, and other means.
SEC. 103. BIENNIAL REPORTING.
Section 403(a)(5) of the Public Health Service Act (42 U.S.C.
283(a)(5)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (M);
and
(2) by inserting after subparagraph (K) the following:
``(L) Depression.''.
SEC. 104. LONGITUDINAL STUDY OF RELATIVE MENTAL HEALTH CONSEQUENCES FOR
WOMEN OF RESOLVING A PREGNANCY.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the Institute may conduct a nationally representative
longitudinal study (during the period of fiscal years 2008 through
2018) of the relative mental health consequences for women of resolving
a pregnancy (intended and unintended) in various ways, including
carrying the pregnancy to term and parenting the child, carrying the
pregnancy to term and placing the child for adoption, miscarriage, and
having an abortion. This study may assess the incidence, timing,
magnitude, and duration of the immediate and long-term mental health
consequences (positive or negative) of these pregnancy outcomes.
(b) Report.--Beginning not later than 3 years after the date of the
enactment of this Act, and periodically thereafter for the duration of
the study under subsection (a), the Director of the Institute should
prepare and submit to the Congress reports on the findings of the
study.
TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND
PSYCHOSIS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') should in accordance with
this title make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with postpartum
depression or postpartum psychosis (referred to in this section as a
``postpartum condition'') and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity is a public or nonprofit private
entity, which may include a State or local government; a public or
nonprofit private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant health
center, or homeless health center; or any other appropriate public or
nonprofit private entity.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and management of postpartum conditions.
Activities that the Secretary may authorize for such projects may also
include the following:
(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening, and comprehensive treatment services for individuals
with or at risk for postpartum conditions; and delivering or
enhancing support services for their families.
(2) Delivering or enhancing inpatient care management
services that ensure the well-being of the mother and family
and the future development of the infant.
(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with postpartum conditions and
support services for their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary should integrate the program under this
title with other grant programs carried out by the Secretary, including
the program under section 330 of the Public Health Service Act.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of postpartum
conditions.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
TITLE III--GENERAL PROVISIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendments made by this Act, there
are authorized to be appropriated--
(1) $3,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for fiscal years 2009 and
2010.
Passed the House of Representatives October 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Melanie Blocker-Stokes Postpartum Depression Research and Care Act - Title I: Research on Postpartum Depression and Psychosis - (Sec. 101) Encourages the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Institute of Mental Health (NIMH), to continue aggressive work on postpartum depression and other postpartum psychosis. Encourages the Director of NIMH to continue research to expand the understanding of the causes of, and find a cure for, postpartum conditions, including: (1) basic research concerning the etiology and causes of the conditions; (2) epidemiological studies to address the frequency and natural history of the conditions and differences among racial and ethnic groups; (3) the development of improved screening and diagnostic techniques; (4) clinical research for the development and evaluation of new treatments; and (5) information and education programs for health care professionals and the public.
(Sec. 102) Encourages the Director of NIH and the Administrator of the Health Resources and Services Administration (HRSA) to carry out a national campaign to increase the awareness and knowledge of postpartum depression and postpartum psychosis.
(Sec. 103) Requires the Director of NIH to include in the biennial report to Congress a summary of NIH research activities on depression.
(Sec. 104) Expresses the sense of Congress that the Director of NIMH may conduct a longitudinal study of the relative mental health consequences for women of resolving a pregnancy in various ways. Requires the Director of NIMH to report to Congress on the findings of the study.
Title II: Delivery of Services Regarding Postpartum Depression and Psychosis - (Sec. 201) Urges the Secretary of Health and Human Services to make grants to public or nonprofit private entities for projects to establish, operate, and coordinate effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis and their families. Requires the Secretary to ensure that such projects provide services for the diagnosis and management of postpartum conditions. Provides that the Secretary may authorize projects that include: (1) delivering or enhancing outpatient and home-based health and support services; (2) delivering or enhancing inpatient care management services that ensure the well-being of the mother and family and the future development of the infant; and (3) improving the quality, availability, and organization of health care and support services for individuals with postpartum conditions and support services for their families. Urges the Secretary to integrate programs under this Act with other grants programs.
(Sec. 202) Sets forth grant requirements, including that the applicant agrees: (1) to abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant; (2) that the grant will not be expended for services paid for under another program or by an entity that provides health services on a prepaid basis; and (3) to post a conspicuous notice of any federal policies that apply with respect to the imposition of charges.
(Sec. 203) Authorizes the Secretary to provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible for grants.
Title III: General Provisions - (Sec. 301) Authorizes appropriations for FY2008-FY2010. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Firearm Marketing Safety
Act''.
SEC. 2. PROHIBITION OF MARKETING FIREARMS TO CHILDREN.
(a) Conduct Prohibited.--Not later than one year after the date of
the enactment of this Act, the Federal Trade Commission shall
promulgate rules in accordance with section 553 of title 5, United
States Code, to prohibit any person from marketing firearms to
children. Such rules shall include the following:
(1) A prohibition on the use of cartoon characters to
promote firearms and firearm products.
(2) A prohibition on firearm brand name merchandise
marketed for children (such as hats, t-shirts, and stuffed
animals).
(3) A prohibition on the use of firearm marketing campaigns
with the specific intent to appeal to children.
(4) A prohibition on the manufacturing of a gun with colors
or designs that are specifically designed with the purpose to
appeal to children.
(5) A prohibition on the manufacturing of a gun intended
for use by children that does not clearly and conspicuously
note the risk posed by the firearm by labeling somewhere
visible on the firearm any of the following:
(A) ``Real gun, not a toy.''.
(B) ``Actual firearm the use of which may result in
death or serious bodily injury.''.
(C) ``Dangerous weapon''.
(D) Other similar language determined by the
Federal Trade Commission.
(b) Enforcement.--
(1) Unfair or deceptive acts or practices.--A violation of
a rule promulgated under subsection (a) shall be treated as a
violation of a regulation under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices.
(2) Powers of commission.--The Federal Trade Commission
shall enforce this Act in the same manner, by the same means,
and with the same jurisdiction as though all applicable terms
and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act. Any person who
violates the regulations promulgated under subsection (a) shall
be subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act.
(c) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of such State has been or is threatened or adversely
affected by an act or practice in violation of a rule
promulgated under subsection (a), the State, as parens patriae,
may bring a civil action on behalf of the residents of the
State in an appropriate State court to--
(A) enjoin such act or practice;
(B) enforce compliance with such rule;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Federal Trade Commission a written notice
of such action and a copy of the complaint for such action. If
the attorney general, official, or agency determines that it is
not feasible to provide the notice described in this paragraph
before the filing of the action, the attorney general,
official, or agency shall provide written notice of the action
and a copy of the complaint to the Federal Trade Commission
immediately upon the filing of the action.
(3) Authority of federal trade commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Federal Trade Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Federal Trade Commission or the
Attorney General of the United States has instituted a
civil action for violation of a rule promulgated under
subsection (a) (referred to in this subparagraph as the
``Federal action''), no State attorney general,
official, or agency may bring an action under this
subsection during the pendency of the Federal action
against any defendant named in the complaint in the
Federal action for any violation of such rule alleged
in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Definitions.--In this section:
(1) Child.--The term ``child'' means an individual that is
less than 18 years of age.
(2) Firearm.--The term ``firearm'' has the meaning given
that term in section 921 of title 18, United States Code. | Children's Firearm Marketing Safety Act - Directs the Federal Trade Commission (FTC) to promulgate rules to prohibit the marketing of firearms to children, including prohibitions against: the use of cartoon characters to promote firearms and firearm products, firearm brand name merchandise marketed for children, the use of firearm marketing campaigns with the specific intent to appeal to children, the manufacturing of a gun with colors or designs that are specifically designed to appeal to children, and the manufacturing of a gun intended for use by children that does not clearly and conspicuously note, by specified warnings on the firearm, the risk posed by the firearm by labeling somewhere visible on the firearm. Treats violations of such rules as violations of Federal Trade Commission Act regulations regarding unfair or deceptive acts or practices. Provides for enforcement of this Act by the FTC and through civil actions by state attorneys general. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burt Lake Band of Ottawa and
Chippewa Indians Reaffirmation Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The members of the Burt Lake Band of Ottawa and
Chippewa Indians, whose historic name is the Cheboigan (or
Cheboygan) Band, are descendants and political successors to
signatories of the 1836 Treaty of Washington and the 1855
Treaty of Detroit. The Band was twice recognized by the United
States, on a government-to-government relationship basis,
through the execution and ratification of those treaties.
(2) The 1836 Treaty of Washington provided that the
Cheboigan Band would receive a reservation of 1,000 acres on
the Cheboigan, within its aboriginal territory, but the United
States failed to provide that reservation. The 1855 Treaty of
Detroit provided for the withdrawal of unsold lands in 2
Michigan townships 35 North and 36 North Range 3 West for the
use of the Cheboygan Band, but due to the Federal Government's
failure to act, those members who selected allotments within
that area were not awarded those individual land holdings until
3 years after a special Act of Congress was passed in 1872.
(3) Between 1845 and 1850 the Band's members used treaty
annuity payments to purchase land for the Band in Burt
Township, Cheboygan County, Michigan. That land, called
Colonial Point, was placed in trust with the Governor of
Michigan on the advice of Federal Indian agents.
(4) During the next 50 years, questions arose regarding the
taxability of the property, and the acreage was ultimately sold
for back taxes in 1900.
(5) After the Band was forcibly evicted from Colonial Point
and its village was burned to the ground by its new owner, John
McGinn, the majority of the Band's families took up residency
on nearby Indian Road on lands which other Band members had
purchased or received as treaty allotments or homesteads.
(6) In 1911, the United States filed suit in the United
States Federal District Court for Eastern Michigan seeking to
regain possession of the Colonial Point Lands (United States v.
McGinn, Equity No. 94, filed June 11, 1911). In its complaint,
the United States advised the Court that it was suing on behalf
of the: ``Cheboygan band of Indians [which] is now and was at
all the times mentioned in this bill of complaint a tribe of
indians [sic] under the care, control, and guardianship of the
plaintiff and said band is now and was at all times mentioned
in this bill of complaint recognized by the plaintiff through
its chiefs or head men which it annually elects.''.
(7) In 1917, the Federal District Court decided the McGinn
case against the United States finding that the language in the
Colonial Point deeds did not prevent the Colonial Point land
from being taxed.
(8) Over the next 20 years, members of the Band asked the
United States to appeal, or otherwise rectify the District
Court's decision, but no Federal action was taken. Throughout
this period, the United States continued to provide the Band
and its members with many of the same Federal services that
were being provided to other Indian tribes in Michigan.
(9) The Act of June 18, 1934 (hereafter in this Act
referred to as the ``Indian Reorganization Act''), authorized
and directed the Bureau of Indian Affairs to provide technical
assistance and Federal funds to petitioning tribes to assist
them in reorganizing their governments and improving their
economies. Members of the Cheboigan Band, as well as members of
other landless treaty Tribes in Michigan, submitted petitions
to receive that assistance. Similar petitions were also
submitted by 4 Michigan bands that still held communal lands.
Possession of a tribal land base was a prerequisite to the
receipt of most of the Federal funds and services provided for
in the Indian Reorganization Act.
(10) While the Indian Reorganization Act directed the
Secretary to assist landless bands, like Burt Lake, and
authorized Federal funds to acquire land for landless tribes,
no Federal funds were appropriated to acquire new tribal lands
for any of the landless bands in Michigan. After struggling
with this dilemma, the Bureau of Indian Affairs extended the
benefits of the Indian Reorganization Act to only those 4
Michigan tribes that had an existing land base on the date of
the enactment of the Indian Reorganization Act. Of the Ottawa
and Chippewa Tribes who signed the 1836 and 1855 Treaties, only
1 group, the Bay Mills Indian Community was reaffirmed.
(11) The failure of the Bureau of Indian Affairs to grant
Indian Reorganization Act benefits to the Cheboigan Band did
not terminate the band's government-to-government relationship
with the United States, and Congress has never taken any action
to terminate the Federal acknowledgment of the Burt Lake Band.
(12) The Bureau of Indian Affairs lacked and lacks the
legal authority to terminate a tribe that has been acknowledged
by an Act of Congress.
(13) In recent years, the Federal recognition of the
following Michigan tribes, who were also denied the benefits of
the Indian Reorganization Act, has been reaffirmed:
(A) The Sault Ste. Marie Tribe of Chippewa was
reaffirmed by a Memorandum of the Commissioner of
Indian Affairs on September 7, 1972.
(B) The Grand Traverse Band of Ottawa and Chippewa
Indians was reaffirmed by the Bureau of Indian Affairs
Branch of Acknowledgment on May 27, 1980.
(C) The Little Traverse Bay Bands of Odawa Indian
and the Little River Band of Ottawa Indians each had
its Federal status reaffirmed by an Act of Congress on
September 21, 1994.
(D) The Lac Vieux Desert Band of Lake Superior
Chippewa Indians had its Federal status reaffirmed by
an Act of Congress at the request of the Administration
on September 8, 1988.
(E) The Pokagon Indian Nation had its Federal
status reaffirmed by an Act of Congress on September
21, 1994.
(F) The Huron Potawatomi Nation had its Federal
status reaffirmed by the Bureau of Indian Affairs'
Branch of Acknowledgment and Research on March 17,
1996.
(G) The Gun Lake Tribe (Match-She-Be-Nash-She-Wish)
had its Federal status reaffirmed by the Bureau of
Indian Affairs' Office of Federal Acknowledgment on
August 23, 1999.
(14) The Band has been consistently recognized by third
parties as a distinct Indian community since well before 1900.
(15) All of the Band's adult members are the children,
grandchildren, or great grandchildren of Indian persons who
resided on or near Colonial Point or Indian Road at the time of
the Burn Out. Most of the Band's adult members grew up on or
near Indian Road or had an immediate family member who did. As
the result, the Band's members have maintained very close
social and political ties.
(16) The Band's families have and continue to provide
mutual aid to each other, visit each other regularly, mobilize
to assist each other in times of need, practice traditional
arts and crafts, gather for Ghost Suppers, decorate the graves
of their ancestors, and participate in other traditional tribal
ceremonies and events.
(17) Since 1829 the Band's members have attended and
consistently mobilized to maintain the Indian Mission Church of
St. Mary's, first on Colonial Point and later on Indian Road.
The Band's members have also worked together to maintain the
Tribe's 2 Indian cemetaries. They have also dug the graves and
buried their relatives in those 2 Indian cemeteries for almost
200 years.
(18) The Band's members have throughout time made formal
and informal decisions for the community. The Band has also
organized its own modern tribal government without the
assistance of the Bureau of Indian Affairs.
(19) The majority of the Band's elders have a high degree
of Indian blood and continue to speak the Ottawa language when
they gather with each other. Before World War II, more than 50
percent of the Burt Lake families were still speaking the
traditional language in their homes, and more than 50 percent
of those tribal members who were married were married to other
Ottawa and Chippewa individuals.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Band'' or ``Tribe'' means the Burt Lake Band
of Ottawa and Chippewa Indians which was previously called the
Cheboigan or Cheboygan Band of Ottawa and Chippewa Indians;
(2) the term ``Burn Out'' means the destruction of the
Colonial Point Indian Village of the Burt Lake Band in 1900;
(3) the term ``OFA'' means the Office of Federal
Acknowledgment, a Branch of the United States Department of
Interior's Bureau of Indian of Indian Affairs; and
(4) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition of the Burt Lake Band
of Ottawa and Chippewa Indians is hereby reaffirmed. All laws and
regulations of the United States of general application to Indians or
nations, tribes, or bands of Indians including the Act of June 18, 1934
(25 U.S.C. 461 et seq., commonly referred to as the ``Indian
Reorganization Act''), which are inconsistent with any specific
provision of this Act shall not be applicable to the Band and its
members.
(b) Federal Services and Benefits.--
(1) In general.--Notwithstanding any other provision of
law, after the date of the enactment of this Act, the Band and
its members shall be eligible for all services and benefits
provided by the Federal Government to Indians because of their
status as federally recognized Indians without regard to the
existence of a reservation or the location of the residence of
any member on or near any Indian reservation.
(2) Service area.--For purposes of the delivery of Federal
services to the enrolled members of the Band and to other
Indians, all of Cheboygan County Michigan, and any area in the
State of Michigan that is outside of Cheboygan County, but
located within 25 miles of the Tribe's Cemetery at the St.
Mary's Indian Mission Church, shall be deemed to be within the
Service Area of the Burt Lake Band. Nothing contained herein
shall prohibit the Federal Government from providing services
to members of the Band who reside or are domiciled outside this
Service Area, or from otherwise expanding the Band's Service
Area in compliance with applicable Federal law and policy. If
any part of the Band's service area overlaps with the service
area of another federally recognized Indian tribe, that overlap
shall be addressed in compliance with existing Federal policies
and regulations.
SEC. 5. REAFFIRMATION OF RIGHTS.
(a) In General.--All rights and privileges of the Band and its
members, which may have been abrogated or diminished before the date of
the enactment of this Act are hereby reaffirmed.
(b) Existing Rights of Tribe.--Nothing in this Act shall be
construed to diminish any right or privilege of the Band or of its
members that existed before the date of the enactment of this Act.
Except as otherwise specifically provided in any other provision of
this Act, nothing in this Act shall be construed as altering or
affecting any legal or equitable claim the Band may have to enforce any
right or privilege reserved by or granted to the Band which was
wrongfully denied to or taken from the Band before the enactment of
this Act.
SEC. 6. TRIBAL LANDS.
The Secretary shall acquire real property in Cheboygan County in
trust for the benefit of the Burt Lake Band of Ottawa and Chippewa
Indians, if at the time of such acceptance by the Secretary, there are
no adverse legal claims on such property including outstanding liens,
mortgages or taxes owed. Such lands shall become part of the initial
reservation of the Band at the request of the Band. The Secretary is
also authorized to acquire and accept real property in other geographic
areas into trust for the benefit of the Band and to declare those lands
to be a part of the Band's Reservation or Initial Reservation to the
full extent otherwise authorized by applicable law.
SEC. 7. MEMBERSHIP.
(a) In General.--Membership in the Burt Lake Band of Ottawa and
Chippewa Indians shall consist of persons who can present evidence,
acceptable to the Tribe, showing that they meet the requirements of
subsection (b), and persons who meet such other requirements as are
specified by the Tribe in its Tribe's Constitution and Enrollment
Ordinance as the same may be from time to time amended.
(b) Membership Criteria.--
(1) To qualify for membership in the Burt Lake Band of
Ottawa and Chippewa Indians, a person must be able to
demonstrate through evidence acceptable to the Tribe that the
person meets at least one of the following requirements:
(A) The person descends from one or more tribal
members who were domiciled at Colonial Point, Burt
Township, Cheboygan County, Michigan before or at the
time that the Tribe's village was burned in October
1900, as said tribal members are identified in the
United States v. McGinn litigation and related
documents, and/or the 1950 Albert Shananaquet list of
Colonial Point Residents.
(B) The person descends from one or more tribal
members who are listed on the 1900 and/or the 1910 Burt
Lake Township Federal Census, Indian Enumeration
Schedule.
(C) The person has an Indian ancestor who was,
prior to 1910, living in tribal relations with the Burt
Lake Band of Ottawa and Chippewa Indians as the Burt
Lake Band is defined in this Act.
(D) The person descends from Rose Midwagon Moses.
(2) In addition to the requirements under paragraph (1), to
qualify for membership in the Burt Lake Band of Ottawa and
Chippwa Indians, a person must be able to demonstrate through
evidence acceptable to the Tribe that the person meets all of
the following criteria:
(A) That the person is in tribal relations with
other Burt Lake Band members.
(B) That the person's ancestors have lived in
tribal relations with other Burt Lake Band members on a
substantially continuous basis from 1910 to the
present.
(C) That the person has a completed tribal
membership enrollment file as prescribed by the Tribal
Enrollment Ordinance.
(D) That the person's membership application has
been processed and that the person has been approved
for membership in the Burt Lake Band in the manner
prescribed by the Tribal Enrollment Ordinance.
(c) Base Roll.--The base roll of the Burt Lake Band of Ottawa and
Chippewa Indians shall consist of the 320 persons whose names were
listed on the official roll of the Burt Lake Band which were members
submitted by the Band to the Bureau of Indian Affairs' Office of
Federal Acknowledgment on May 2, 2005, and shall also include the
biological sons and daughters who were born to those members between
the submission of that list and the enactment of this Act.
SEC. 8. CONSTITUTION.
The initial Constitution of the Burt Lake Band of Ottawa and
Chippewa Indians shall be the Constitution which the Band submitted to
the Bureau of Indian Affairs' Office of Federal Acknowledgment on May
2, 2005. | Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act - Reaffirms federal recognition and the rights and privileges of the Burt Lake Band of Ottawa and Chippewa Indians (Cheboigan or Cheboygan Band, in Michigan). Entitles such Band to the federal services and benefits provided to recognized Indians. Provides for lands to be acquired and held in trust for the Band by the Secretary of the Interior. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Robert Matava
Exploitation Protection for Elder Adults Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION DIRECTED AT
ELDERS
Sec. 101. Enhanced penalty for telemarketing and email-marketing fraud
directed at elders.
Sec. 102. Data collection.
TITLE II--COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL PROSECUTION AS
IT RELATES TO ELDER JUSTICE
Sec. 201. Model States laws and practices.
Sec. 202. Civil protection and criminal prosecution.
TITLE III--INTERSTATE INITIATIVES
Sec. 301. Interstate agreements and compacts.
Sec. 302. Recommendations on interstate communication.
TITLE IV--GAO REPORT
Sec. 401. GAO report to assess cost of elder abuse on Federal programs.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act--
(1) the terms ``abuse'', ``elder'', ``elder justice'',
``exploitation'', and ``neglect'' have the meanings given those
terms in section 2011 of the Social Security Act (42 U.S.C.
1397j);
(2) the term ``adult protective services''--
(A) means such services provided to adults as
specified in Federal, State, or local law pertaining to
adult protective services; and
(B) includes services such as--
(i) receiving reports of adult abuse,
neglect, or exploitation;
(ii) investigating the reports described in
clause (i);
(iii) case planning, monitoring,
evaluation, and other case work and services;
and
(iv) providing, arranging for, or
facilitating the provision of medical, social
service, economic, legal, housing, law
enforcement, or other protective emergency, or
support services;
(3) the term ``caregiver''--
(A) means an individual who has the responsibility
for the care of an elder either voluntarily, by
contract, by receipt of payment for care, or as a
result of the operation of law; and
(B) shall include a family member or other
individual who provides (on behalf of such individual
or of a public or private agency, organization, or
institution) compensated or uncompensated care to an
elder who needs supportive services in any setting;
(4) the term ``elder abuse'' includes neglect and
exploitation;
(5) the term ``fiduciary''--
(A) means an individual or entity with the legal
responsibility--
(i) to make decisions on behalf of and for
the benefit of another individual; and
(ii) to act in good faith and with
fairness; and
(B) shall include--
(i) a trustee;
(ii) a guardian;
(iii) a conservator;
(iv) an executor;
(v) an agent under a financial power of
attorney or health care power of attorney; or
(vi) a representative payee; and
(6) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, Guam, American Samoa, and
the Commonwealth of the Mariana Islands.
TITLE I--FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION DIRECTED AT
ELDERS
SEC. 101. ENHANCED PENALTY FOR TELEMARKETING AND EMAIL-MARKETING FRAUD
DIRECTED AT ELDERS.
(a) In General.--Chapter 113A of title 18, United States Code, is
amended--
(1) in the chapter heading by inserting ``AND EMAIL
MARKETING'' after ``TELEMARKETING'';
(2) by striking section 2325 and inserting the following:
``SEC. 2325. DEFINITION.
``In this chapter, the term `telemarketing or email marketing'--
``(1) means a plan, program, promotion, or campaign that is
conducted to induce--
``(A) purchases of goods or services;
``(B) participation in a contest or sweepstakes;
``(C) a charitable contribution, donation, or gift
of money or any other thing of value;
``(D) investment for financial profit;
``(E) participation in a business opportunity;
``(F) commitment to a loan; or
``(G) participation in a fraudulent medical study,
research study, or pilot study,
by use of 1 or more interstate telephone calls, emails, text
messages, or electronic instant messages initiated either by a
person who is conducting the plan, program, promotion, or
campaign or by a prospective purchaser or contest or
sweepstakes participant or charitable contributor, donor, or
investor; and
``(2) does not include the solicitation of sales through
the posting, publication, or mailing of a catalog that--
``(A) contains a written description or
illustration of the goods or services offered for sale;
``(B) includes the business address of the seller;
``(C) includes multiple pages of written material
or illustration; and
``(D) has been issued not less frequently than once
a year,
if the person making the solicitation does not solicit
customers by telephone, email, text message, or electronic
instant message, but only receives interstate telephone calls,
emails, text messages, or electronic instant messages initiated
by customers in response to the catalog and in response to
those interstate telephone calls, emails, text messages, or
electronic instant messages does not conduct further
solicitation;''; and
(3) in section 2326, in the matter preceding paragraph
(1)--
(A) by striking ``or 1344'' and inserting ``1344,
or 1347 or section 1128B of the Social Security Act (42
U.S.C. 1320a-7b)''; and
(B) by inserting ``or email marketing'' after
``telemarketing''.
(b) Technical and Conforming Amendment.--The table of chapters at
the beginning of part I of title 18, United States Code, is amended by
striking the item relating to chapter 113A and inserting the following:
``113A. Telemarketing and email marketing fraud............. 2325''.
SEC. 102. DATA COLLECTION.
The Attorney General, in consultation with the Secretary of Health
and Human Services, shall, on an annual basis--
(1) collect from Federal, State, and local law enforcement
agencies and prosecutor offices statistical data relating to
the incidence of elder abuse, including data relating to--
(A) the number of elder abuse cases referred to law
enforcement agencies, adult protective services, or any
other State entity tasked with addressing elder abuse;
(B) the number and types of cases filed in Federal,
State, and local courts; and
(C) the outcomes of the cases described in
subparagraphs (A) and (B) and the reasons for such
outcomes;
(2) identify common data points among Federal, State, and
local law enforcement agencies and prosecutor offices that
would allow for the collection of uniform national data;
(3) publish a summary of the data collected under
paragraphs (1) and (2);
(4) identify--
(A) the types of data relevant to elder abuse that
should be collected; and
(B) what entity is most capable of collecting the
data described in subparagraph (A); and
(5) develop recommendations for collecting additional data
relating to elder abuse.
TITLE II--COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL PROSECUTION AS
IT RELATES TO ELDER JUSTICE
SEC. 201. MODEL STATES LAWS AND PRACTICES.
The Attorney General, in consultation with the Secretary of Health
and Human Services and the Elder Justice Coordinating Council
(established under section 2021 of the Social Security Act (42 U.S.C.
1397k)), shall--
(1) create, compile, evaluate, and disseminate materials
and information, and provide the necessary training and
technical assistance, to assist States and units of local
government in--
(A) investigating, prosecuting, pursuing,
preventing, understanding, and mitigating the impact
of--
(i) physical, sexual, and psychological
abuse of elders;
(ii) exploitation of elders, including
financial abuse and scams targeting elders; and
(iii) neglect of elders; and
(B) assessing, addressing, and mitigating the
physical and psychological trauma to victims of elder
abuse;
(2) collect data and perform an evidence-based evaluation
to--
(A) assure the efficacy of measures and methods
intended to prevent, detect, respond to, or redress
elder abuse; and
(B) evaluate the number of victims of elder abuse
in each State and the extent to which the needs of the
victims are served by crime victim services, programs,
and sources of funding;
(3) publish a report, on an annual basis, that describes
the results of the evaluations conducted under paragraphs (1)
and (2), and submit the report to each Federal agency, each
State, and the Committee on the Judiciary and the Special
Committee on Aging of the Senate and the Committee on the
Judiciary of the House of Representatives;
(4) evaluate training models to determine best practices,
create replication guides, create training materials, if
necessary, for law enforcement officers, prosecutors, judges,
emergency responders, individuals working in victim services,
adult protective services, social services, and public safety,
medical personnel, mental health personnel, financial services
personnel, and any other individuals whose work may bring them
in contact with elder abuse regarding how to--
(A) conduct investigations in elder abuse cases;
(B) address evidentiary issues and other legal
issues; and
(C) appropriately assess, respond to, and interact
with victims and witnesses in elder abuse cases,
including in administrative, civil, and criminal
judicial proceedings;
(5) conduct, and update on a regular basis, a study of laws
and practices relating to elder abuse, neglect, and
exploitation, including--
(A) a comprehensive description of State laws and
practices;
(B) an analysis of the effectiveness of State laws
and practices, including--
(i) whether the State laws are enforced;
and
(ii) if enforced--
(I) how the State laws are
enforced; and
(II) how enforcement of the State
laws has effected elder abuse within
the State;
(C) a review of State definitions of the terms
``abuse'', ``neglect'', and ``exploitation'' in the
context of elder abuse cases;
(D) a review of State laws that mandate reporting
of elder abuse, including adult protective services
laws, laws that require the reporting of nursing home
deaths or suspicious deaths of elders to coroners or
medical examiners, and other pertinent reporting laws,
that analyzes--
(i) the impact and efficacy of the State
laws;
(ii) whether the State laws are enforced;
(iii) the levels of compliance with the
State laws; and
(iv) the response to, and actions taken as
a result of, reports made under the State laws;
(E) a review of State evidentiary, procedural,
sentencing, choice of remedies, and data retention
issues relating to elder abuse, neglect, and
exploitation;
(F) a review of State fiduciary laws, including law
relating to guardianship, conservatorship, and power of
attorney;
(G) a review of State laws that permit or encourage
employees of depository institutions (as defined in
section 3(c)(1) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(c)(1)) and State credit unions (as
defined in section 101 of the Federal Credit Union Act
(12 U.S.C. 1752)) to prevent and report suspected elder
abuse, neglect, and exploitation;
(H) a review of State laws used in civil court
proceedings to prevent and address elder abuse;
(I) a review of State laws relating to fraud and
related activities in connection with mail,
telemarketing, the Internet, or health care;
(J) a review of State laws that create programs,
offices, entities, or other programs that address or
respond to elder abuse; and
(K) an analysis of any other State laws relating to
elder abuse; and
(6) carry out such other duties as the Attorney General
determines necessary in connection with enhancing the
understanding, prevention, detection, and response to elder
abuse.
SEC. 202. CIVIL PROTECTION AND CRIMINAL PROSECUTION.
(a) Establishment.--
(1) In general.--The Attorney General, in cooperation with
the Secretary of Health and Human Services and the Legal
Services Corporation, shall establish a demonstration program
to provide grants on an annual basis to not more than 6 civil
legal services entities that could prevent or provide remedies
for abuse, neglect, and exploitation and collaborate with other
organizations seeking to prevent, detect, and respond to elder
abuse.
(2) Eligibility.--Grants awarded under paragraph (1) shall
be provided to entities that demonstrate a commitment to
representation of elder abuse victims or potential victims and
participating in multidisciplinary and interagency efforts to
combat elder abuse.
(b) Requirements.--To receive a grant under this section an entity
shall--
(1) be an experienced nonprofit legal services provider;
and
(2) propose or demonstrate--
(A) collaboration with State or local aging,
social, and human services and law enforcement
agencies;
(B) partnership with professionals with knowledge
and experience relating to the criminal justice system;
and
(C) methodology for timely evidenced-based
evaluation.
(c) Report.--Not later than 6 months after the completion of the
demonstration program under this section, the Secretary shall submit to
Congress a report on such program, that includes the results of the
program and recommendations for such legislation and administrative
action as the Attorney and Secretary determines to be appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as are necessary for
fiscal years 2013 through 2017 to carry out this section.
TITLE III--INTERSTATE INITIATIVES
SEC. 301. INTERSTATE AGREEMENTS AND COMPACTS.
The consent of Congress is given to any 2 or more States (acting
through State agencies with jurisdiction over adult protective
services) to enter into agreements or compacts for cooperative effort
and mutual assistance--
(1) in promoting the safety and well-being of elders; and
(2) in enforcing their respective laws and policies to
promote such safety and well-being.
SEC. 302. RECOMMENDATIONS ON INTERSTATE COMMUNICATION.
The Executive Director of the State Justice Institute, in
consultation with State or local aging, social, and human services and
law enforcement agencies and nationally recognized nonprofit
associations with expertise in data sharing among criminal justice
agencies and familiarity with the issues raised in elder exploitation
cases, shall submit to Congress legislative proposals relating to the
facilitation of interstate agreements and compacts.
TITLE IV--GAO REPORT
SEC. 401. GAO REPORT TO ASSESS COST OF ELDER ABUSE ON FEDERAL PROGRAMS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States, in consultation with the
Secretary of Health and Human Services, the Department of Health and
Human Services Office of the Inspector General, the Attorney General,
and the Chairman of the Federal Trade Commission, shall publish a
report reviewing any findings on the financial cost to the Federal
Government from the abuse and exploitation of elders. | Robert Matava Exploitation Protection for Elder Adults Act of 2012 - Amends the federal criminal code to: (1) expand the prohibition against telemarketing fraud to cover e-mail marketing fraud; (2) include within the definition of "telemarketing or e-mail marketing" any plan to induce investment for financial profit, participation in a business opportunity, commitment to a loan, or participation in a fraudulent medical study, research study, or pilot study; and (3) apply enhanced penalties to telemarketing or e-mail marketing in connection with health care fraud offenses.
Directs the Attorney General to annually: (1) collect from law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, (2) identify common data points that would permit the collection of uniform national data, (3) publish a summary of the data collected, (4) identify the types of data that should be collected and what entity is most capable of collecting it, and (5) develop recommendations for collecting additional data.
Requires the Attorney General to: (1) provide information, training, and technical assistance to assist states and local governments in investigating, prosecuting, preventing, and mitigating the impact of elder abuse, exploitation, and neglect; (2) carry out other specified duties in connection with enhancing the understanding, prevention, detection, and response to elder abuse; and (3) in cooperation with the Secretary of Health and Human Services (HHS) and the Legal Services Corporation, to establish a demonstration program to provide grants annually to not more than six civil legal services entities that could prevent or provide remedies for abuse, neglect, and exploitation, and collaborate with other organizations seeking to prevent, detect, and respond to elder abuse.
Grants congressional consent to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in: (1) promoting the safety and well-being of elders, and (2) enforcing their respective laws and policies to promote such safety and well-being.
Directs the Executive Director of the State Justice Institute to submit legislative proposals relating to the facilitation of interstate agreements and compacts.
Requires the Comptroller General to publish a report reviewing any findings on the financial cost to the federal government from the abuse and exploitation of elders. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``At-Risk Youth Protection Act of
2006''.
SEC. 2. GRANTS TO REDUCE YOUTH AND GANG VIOLENCE.
(a) Grants to SEAs.--
(1) In general.--The Secretary of Education may make grants
to State educational agencies for the purpose of making
subgrants to alternative schools or programs that agree to
implement a community service requirement and thereby reduce
youth and gang violence.
(2) Application.--To seek a grant under this section, a
State educational agency shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(b) Subgrants to Alternative Schools or Programs.--
(1) In general.--A State educational agency receiving a
grant under this section shall use the grant to make subgrants
to alternative schools or programs that agree to require each
secondary school student enrolled in the school or program--
(A) to perform not less than 100 hours of community
service each school year; and
(B) to receive training or counseling on conflict
resolution as a prerequisite to performing such
community service.
(2) Application.--To seek a subgrant under this section, an
alternative school or program shall submit an application to
the State educational agency at such time, in such manner, and
containing such information as the Secretary may require.
(c) Definitions.--In this section:
(1) The term ``alternative school or program'' means a
public school or program designed to address student needs that
typically cannot be met in regular schools because the student
is at risk of education failure (as indicated by poor grades,
truancy, disruptive behavior, pregnancy, or similar factors
associated with temporary or permanent withdrawal from school).
(2) The term ``community service'' means a method of
service learning--
(A) under which the student involved learns and
develops through active participation in thoughtfully
organized and adult-supervised service that--
(i) is conducted in, and meets the needs
of, a community;
(ii) is coordinated with the student's
alternative school or program, and with the
community; and
(iii) helps foster civic responsibility;
and
(B) that--
(i) is integrated into and enhances the
academic curriculum of the student, or the
educational components of the community service
program in which the student is enrolled; and
(ii) provides structured time for the
student to reflect on the service experience.
(3) The term ``institution of higher education'' has the
meaning given to that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(4) The term ``secondary school'' has the meaning given to
that term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(5) The term ``Secretary'' means the Secretary of
Education.
(6) The term ``State 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).
SEC. 3. COMMUNITY SERVICE DEDUCTION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section 181
the following new section:
``SEC. 182. COMMUNITY SERVICE DEDUCTION.
``(a) Allowance of Deduction.--In the case of a business, there
shall be allowed as a deduction an amount determined in accordance with
subsection (b).
``(b) Amount of Deduction.--In the case of a business, the amount
determined under this subsection, with respect to a taxable year, is
the sum of--
``(1) $750 per 100 hours of community service completed by
a qualified student through such business during such taxable
year, plus
``(2) $2,000 per qualified employee employed through such
business.
``(c) Dollar Limitation.--In the case of a business, the amount
determined under subsection (b)(1), with respect to each qualified
student completing hours of community service through such business,
shall not exceed $1,500.
``(d) Definitions.--For purposes of this section, with respect to a
taxable year--
``(1) Qualified student.--The term `qualified student'
means a student enrolled in an alternative school or program
(as defined in section 2(c) of the At-Risk Youth Protection Act
of 2006) who performs community service through a place of
business located not more than 20 miles from the location of
the student's alternative school or program in order to comply
with such school or program's community service requirement.
``(2) Qualified employee.--With respect to a business, the
term `qualified employee' means a graduate of an alternative
school or program (as defined in section 2(c) of the At-Risk
Youth Protection Act of 2006) who completes 1 year of
employment through such business during such taxable year.
``(3) Community service.--The term `community service' has
the meaning given to such term in section 2(c) of the At-Risk
Youth Protection Act of 2006.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section and to ensure that the community service completed by a
qualified student through a business that is allowed a deduction under
subsection (a) meets the requirements described in section 2(c) of the
At-Risk Youth Protection Act of 2006.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 181 the following new item:
``Sec. 182. Community service deduction.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | At-Risk Youth Protection Act of 2006 - Authorizes the Secretary of Education to make grants to states for subgrants to alternative public schools or programs that serve the needs of students who are at risk of educational failure. Requires subgrantees to require their secondary school students to perform at least 100 hours of community service each school year and receive training or counseling on conflict resolution as a prerequisite to performing such service.
Amends the Internal Revenue Code of 1986 to provide a tax deduction to a business of: (1) $750 per 100 hours of community service provided by such a student through such business during the taxable year; and (2) $2,000 for each graduate of such alternative school or program who completes one year of employment with such business. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Sanctions Reform Act of
1999''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish an effective framework
for the consideration and enactment of unilateral economic sanctions
legislation and for the use of sanctions in order to ensure strong and
effective use of sanctions in pursuit of United States national
interests while minimizing the associated adverse effects and costs
imposed on United States businesses, exporters, farmers, and workers.
SEC. 3. DEFINITIONS.
In this Act:
(1) New unilateral economic sanctions law.--The term ``new
unilateral economic sanctions law'' means any law, or provision
of law, enacted on or after the date of enactment of this Act,
that authorizes or requires, under specified circumstances, the
implementation by the United States of a unilateral economic
sanction.
(2) New unilateral economic sanctions legislation.--The
term ``new unilateral economic sanctions legislation'' means
any bill, joint resolution, amendment, or conference report
that--
(A) is introduced, reported to, or laid before a
House of Congress on or after the date of enactment of
this Act; and
(B) if enacted into law, would authorize or
require, under specified circumstances, the
implementation by the United States of a unilateral
economic sanction.
(3) Unilateral economic sanction.--The term ``unilateral
economic sanction'' means--
(A) any measure taken by the United States that is
designed to advance United States foreign policy or
national security interests and that constrains--
(i) the economic activities of United
States or foreign persons, entities, or
countries;
(ii) United States Government programs or
benefits that would otherwise be available; or
(iii) the policy advanced by the executive
branch in an international financial
institution; and
(B) does not include any obligation or
responsibility of the United States under an
international agreement or other international regime.
SEC. 4. GUIDELINES FOR NEW UNILATERAL ECONOMIC SANCTIONS LEGISLATION.
Any new unilateral economic sanctions legislation should--
(1) contain a statement of the foreign policy or national
security objective of the United States that the legislation is
intended to achieve;
(2) provide authority for the President to refrain from
imposing, or taking any action that would result in the
imposition of, or to suspend or terminate, any sanction
provided for in the legislation, if the President determines
that such a course of action is in the national interest of the
United States;
(3) provide for contract sanctity, unless the President
determines, in the context of imposing any particular sanction
provided for in the legislation, that contract sanctity would
detract from the effectiveness of the sanction;
(4) authorize the President to take into account the effect
of any sanction provided for in the legislation on persons and
entities that are not responsible for the conduct that the
sanctions seek to address and to target any such sanction as
narrowly as appropriate;
(5) not restrict--
(A) humanitarian or human rights assistance;
(B) the export of any agricultural commodity or
product or medicine, or any program facilitating such
an export; or
(C) assistance for any activity undertaken to
change the conduct the sanction is intended to target,
unless the President determines that doing so in the context of
imposing any particular sanction provided for in the
legislation would be in the national interest of the United
States; and
(6) provide that not later than the anniversary of the date
of initial imposition of any sanction provided for in the
legislation, and annually thereafter, the President shall
review the sanction and submit a report to Congress setting
forth--
(A) an evaluation of the effectiveness to date of
the sanction as an instrument of United States foreign
policy or national security;
(B) an evaluation of the likely effectiveness of
the continued imposition of the sanction;
(C) the objectives of the continued imposition of
the sanction;
(D) the extent of multilateral support for the
continued imposition of the sanction and the extent to
which such support has been sought;
(E) the costs and gains to the United States of
continued imposition of the sanction, taking into
consideration the factors described in section 5(b) of
this Act; and
(F) any determination that may have been made to
exercise the authorities of section 8 of this Act.
SEC. 5. GUIDELINES FOR CONGRESSIONAL CONSIDERATION OF NEW UNILATERAL
ECONOMIC SANCTIONS LEGISLATION.
(a) In considering new unilateral economic sanctions legislation,
Congress should--
(1) ensure that there is available complete information
about the projected costs and gains to the United States
national interests of taking any decision under the legislation
and of imposing any unilateral economic sanction provided for
in the legislation through appropriate mechanisms, including
providing an opportunity for the President to submit a report
assessing such costs and gains;
(2) take into account the extent to which the United States
has international legal obligations with which the proposed
legislation may conflict;
(3) take into account the extent to which the sanction
provided for in the proposed legislation are consistent with
other sanctions provisions already in force or under
consideration by Congress; and
(4) take into account the administrative costs of
implementing the proposed legislation.
(b) Costs and Gains.--The cost and gains referred to in subsection
(a)(1) include the following:
(1) The likelihood that each sanction provided for in the
legislation will achieve its stated objective within a
reasonable period of time.
(2) The importance to United States national interests of
achieving the stated objective of each sanction.
(3) The likely impact of each sanction provided for in the
legislation on--
(A) humanitarian conditions, including the impact
on conditions in any specific country on which the
sanction provided for in the legislation could be
imposed;
(B) humanitarian activities of nongovernmental
organizations;
(C) relations with United States allies;
(D) other United States national security or
foreign policy interests; and
(E) any country or entity other than that on which
the sanction provided for in the legislation could be
imposed.
(4) Diplomatic and other steps the United States has taken
to accomplish the intended objectives of the proposed
legislation.
(5) The likelihood of multilateral adoption of measures
comparable to those provided for in the proposed legislation.
(6) The extent to which--
(A) alternative measures exist to promote the same
objectives;
(B) imposition of each sanction provided for in the
proposed legislation is likely to lead to retaliation
against United States interests; and
(C) imposition of each sanction provided for in the
legislation could harm the interests of United States
business, agriculture, and consumers, as well as the
international reputation of the United States as a
reliable supplier of products, technology, agricultural
commodities, financial institutions, and services,
including financial services.
SEC. 6. CONGRESSIONAL RULES OF PROCEDURE.
(a) Floor Consideration in the House of Representatives and the
Senate.--It shall not be in order in either the House of
Representatives or the Senate to consider any new unilateral economic
sanctions legislation unless that legislation contains the matters
described in sections 4.
(b) Federal Private Sector Mandate.--
(1) In general.--Any new unilateral economic sanctions
legislation shall be considered to be a Federal private sector
mandate for purposes of section 421(7) of the Congressional
Budget Act of 1974 (2 U.S.C. 658(7)).
(2) Report by the congressional budget office.--The report
by the Congressional Budget Office pursuant to paragraph (1)
shall include an assessment of the likely short-term and long-
term costs of the proposed sanctions legislation to the United
States economy, including--
(A) the potential impact on United States trade
performance, employment, and growth;
(B) the international reputation of the United
States as a reliable supplier of products, agricultural
commodities, technology, and services; and
(C) the economic well-being and international
competitive position of United States industries,
firms, workers, and communities.
(c) Rules of the House of Representatives and the Senate.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such these
rules are deemed a part of the rule of each House,
respectively, and they supersede other rules only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
SEC. 7. EXECUTIVE BRANCH ACTION.
(a) Adoption of Guidelines for Imposition of Sanctions.--The
President should, through issuance of Executive orders or other
comparable means, adopt guidelines, comparable to those described in
sections 4 and 5 of this Act, that would apply to executive branch
imposition of any unilateral economic sanction pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(b) Procedures for Public Outreach.--The President should establish
procedures for informing the United States public of significant
developments in the formulation of United States policy with respect to
sanctions, and for obtaining appropriate input with respect to such
matters.
SEC. 8. RULES REGARDING SANCTIONS IMPOSED BY THE EXECUTIVE BRANCH OR BY
STATUTORY ENACTMENTS.
(a) Authority To Suspend, Terminate, or Not Impose Sanctions.--
Whenever the President determines and reports to Congress that the
gains for the United States national interests expected to be derived
from imposition or continued application of any sanction imposed
pursuant to a unilateral economic sanctions law would fail to outweigh
the costs to those interests from such imposition or application, the
President is authorized to--
(1) refrain from imposing, or taking any action that would
result in the imposition of, any such sanction; or
(2) suspend or terminate the application of any sanction.
(b) Authority To Reimpose Sanctions.--In the case of any sanction
that the President refrains from imposing or suspends, pursuant to a
determination under subsection (a), the President is authorized to
subsequently impose or resume the application of the sanction if the
President notifies the appropriate congressional committee 15 days in
advance.
(c) Disapproval of Proposed Presidential Action.--
(1) Determinations not to impose sanctions.--In the case of
any Presidential determination under subsection (a)(1), the
decision to refrain from imposing or taking any action that
would result in the imposition of any sanction shall take
effect immediately following the submission of a report to
Congress under that subsection, unless Congress enacts a joint
resolution disapproving the determination not later than 30
days after the date the report was submitted to Congress.
(2) Determinations to suspend or terminate sanctions.--In
the case of a suspension or termination of a sanction under
subsection (a)(2), the suspension or termination shall take
effect 30 days after the President has submitted a report to
Congress under that subsection, unless before that time
Congress has enacted a joint resolution disapproving the
determination.
(d) Congressional Priority Procedures.--
(1) In the senate.--Any joint resolution under subsection
(c) shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(2) In the house of representatives.--For the purpose of
expediting consideration and enactment of any joint resolution
under subsection (c), a motion to proceed to the consideration
of the joint resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in
the House of Representatives.
(e) Supersedes Other Provisions of Law.--The provisions of this
section supersede any other provision of law. | Economic Sanctions Reform Act of 1999 - Declares that it is the purpose of this Act to establish an effective framework for consideration and enactment of unilateral economic sanctions legislation, and for the use of sanctions in order to ensure strong and effective use of such sanctions in pursuit of U.S. national interests while minimizing the associated adverse effects and costs imposed on U.S. businesses, exporters, farmers, and workers.
Declares that any new unilateral economic sanctions legislation should: (1) contain a statement of the foreign policy or national security objective of the United States; (2) provide authority for the President to refrain from imposing or to suspend or terminate a sanction if it is in the national interests of the United States; (3) authorize the President to target any such sanction as narrowly as appropriate; (4) not restrict humanitarian or human rights assistance or any agricultural commodity or medicine unless it is in the national interests of the United States; and (5) provide that the President shall review annually the effectiveness, and costs and gains to the United States of continued imposition, of such sanctions.
Sets forth certain guidelines and procedures for congressional consideration of any new unilateral economic sanction legislation.
Urges the President to: (1) adopt guidelines comparable to those contained in this Act that would apply to executive branch imposition of any unilateral economic sanctions; and (2) establish procedures for informing the U.S. public of significant developments in the formulation of U.S. policy with respect to such sanctions.
Authorizes the President, under specified circumstances, to refrain from imposing, or suspend or terminate, a unilateral economic sanction. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDIC Enforcement Enhancement Act''.
SEC. 2. ENFORCEMENT AGAINST MISREPRESENTATIONS REGARDING FDIC DEPOSIT
INSURANCE COVERAGE.
(a) In General.--Section 18(a) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(a)) is amended by adding at the end the following new
paragraph:
``(4) False advertising, misuse of fdic names, and
misrepresentation to indicate insured status.--
``(A) Prohibition on false advertising and misuse
of fdic names.--No person may--
``(i) use the terms `Federal Deposit',
`Federal Deposit Insurance', `Federal Deposit
Insurance Corporation', any combination of such
terms, or the abbreviation `FDIC' as part of
the business name or firm name of any person,
including any corporation, partnership,
business trust, association, or other business
entity; or
``(ii) use such terms or any other sign or
symbol as part of an advertisement,
solicitation, or other document,
to represent, suggest or imply that any deposit
liability, obligation, certificate or share is insured
or guaranteed by the Federal Deposit Insurance
Corporation, if such deposit liability, obligation,
certificate, or share is not insured or guaranteed by
the Corporation.
``(B) Prohibition on misrepresentations of insured
status.--No person may knowingly misrepresent--
``(i) that any deposit liability,
obligation, certificate, or share is federally
insured, if such deposit liability, obligation,
certificate, or share is not insured by the
Corporation; or
``(ii) the extent to which or the manner in
which any deposit liability, obligation,
certificate, or share is insured by the Federal
Deposit Insurance Corporation, if such deposit
liability, obligation, certificate, or share is
not insured by the Corporation to the extent or
in the manner represented.
``(C) Authority of fdic.--The Corporation shall
have--
``(i) jurisdiction over any person that
violates this paragraph, or aids or abets the
violation of this paragraph; and
``(ii) for purposes of enforcing the
requirements of this paragraph with regard to
any person--
``(I) the authority of the
Corporation under section 10(c) to
conduct investigations; and
``(II) the enforcement authority of
the Corporation under subsections (b),
(c), (d) and (i) of section 8,
as if such person were a state nonmember insured bank.
``(D) Other actions preserved.--No provision of
this paragraph shall be construed as barring any action
otherwise available, under the laws of the United
States or any State, to any Federal or State law
enforcement agency or individual.''.
(b) Enforcement Orders.--Section 8(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1818(c)) is amended by adding at the end the
following new paragraph:
``(4) False advertising or misuse of names to indicate
insured status.--
``(A) Temporary order.--
``(i) In general.--If a notice of charges
served under subsection (b)(1) of this section
specifies on the basis of particular facts that
any person is engaged in conduct described in
section 18(a)(4), the Corporation may issue a
temporary order requiring--
``(I) the immediate cessation of
any activity or practice described,
which gave rise to the notice of
charges; and
``(II) affirmative action to
prevent any further, or to remedy any
existing, violation.
``(ii) Effect of order.--Any temporary
order issued under this subparagraph shall take
effect upon service.
``(B) Effective period of temporary order.--A
temporary order issued under subparagraph (A) shall
remain effective and enforceable, pending the
completion of an administrative proceeding pursuant to
subsection (b)(1) in connection with the notice of
charges--
``(i) until such time as the Corporation
shall dismiss the charges specified in such
notice; or
``(ii) if a cease-and-desist order is
issued against such person, until the effective
date of such order.
``(C) Civil money penalties.--Violations of section
18(a)(4) shall be subject to civil money penalties as
set forth in subsection (i) in an amount not to exceed
$1,000,000 for each day during which the violation
occurs or continues.''.
(c) Technical and Conforming Amendments.--
(1) Section 18(a)(3) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(a)) is amended--
(A) by striking ``this subsection'' the first place
such term appears and inserting ``paragraph (1)''; and
(B) by striking ``this subsection'' the second
place such term appears and inserting ``paragraph
(2)''.
(2) The heading for subsection (a) of section 18 of the
Federal Deposit Insurance Act (12 U.S.C. 1828(a)) is amended by
striking ``Insurance Logo.--'' and inserting ``Representations
of Deposit Insurance.--''.
Passed the House of Representatives July 16, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | FDIC Enforcement Enhancement Act - Amends the Federal Deposit Insurance Act (FDIA) to prohibit use of the terms "Federal Deposit," "Federal Deposit Insurance," "Federal Deposit Insurance Corporation," any combination of such terms, or the abbreviation "FDIC," as part of the business name or firm name of any person or business entity, including any advertisement, solicitation, or other document.
Prohibits use of such terms, or any other sign or symbol as part of a document, to represent, suggest, or imply that any deposit liability, obligation, certificate, or share is insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC) if in fact the instrument is not insured or guaranteed by the FDIC.
Prohibits knowing misrepresentations of: (1) the federally insured status of any deposit liability, obligation, certificate, or share; or (2) the extent or the manner in which such instruments are insured by the FDIC.
Grants the FDIC jurisdiction over any person that violates this Act, and certain enforcement authority as if the person were a state nonmember insured bank.
Empowers the FDIC to issue orders requiring: (1) immediate cessation; and (2) affirmative action to prevent any further violation, or to remedy an existing one.
Subjects violations of this Act to civil money penalties. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Corrections Act of 1994''.
SEC. 2. GRANTS FOR VIOLENT AND CHRONIC JUVENILE FACILITIES.
(a) Grants.--The Administrator may make grants to States and units
of local government or combinations thereof to assist them in planning,
establishing, and operating secure facilities and staff-secure
facilities for violent and chronic juvenile offenders.
(b) Eligibility.--The mandates required by the Juvenile Justice and
Delinquency Act (42 U.S.C. 5601 et seq.) shall apply to grants under
this section.
(c) Applications.--
(1) In general.--The chief executive officer of a State or
unit of local government that desires to receive a grant under
this section shall submit to the Administrator an application,
in such form and in such manner as the Administrator may
prescribe.
(2) Contents.--An application under paragraph (1) shall--
(A) provide assurances that each facility funded
with a grant under this section will provide
appropriate educational, vocational, and lifeskills
training and substance abuse treatment for incarcerated
juveniles; and
(B) provide assurances that juveniles incarcerated
in a facility that is funded with a grant under this
section will be provided with intensive post-release
supervision and services.
(d) Minimum Amount.--Each Qualifying State together with units of
local government within the State shall be allocated for each fiscal
year not less than 1.0 percent of the total amount appropriated for
that fiscal year for grants under subsection (c), except that the
United States Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands shall each be allocated 0.2 percent of that amount.
(e) Performance Evaluation.--
(1) Evaluation components.--
(A) In general.--Each facility funded under this
section shall contain an evaluation component developed
pursuant to guidelines established by the
Administrator.
(B) Outcome measures.--The evaluations required by
this subsection shall include outcome measures that can
be used to determine the effectiveness of the funded
programs, including the effectiveness of such programs
in comparison with other correctional programs or
dispositions in reducing the incidence of recidivism.
(2) Periodic review and reports.--
(A) Review.--The Administrator shall review the
performance of each grant recipient under this section.
(B) Reports.--The Administrator may require a grant
recipient to submit to the Office of Juvenile Justice
and Delinquency Prevention the results of the
evaluations required under paragraph (1) and such other
data and information as are reasonably necessary to
carry out the Administrator's responsibilities under
this section.
(f) Technical Assistance and Training.--The Administrator may
request that the Director of the National Institute of Corrections and
the Director of the Federal Bureau of Prisons provide technical
assistance and training to States and units of local government that
receive grants under this section to achieve the purposes of this
section.
(g) Definitions.--In this section--
``Administrator'' means the Administrator of the Office of
Juvenile Justice and Delinquency Prevention Programs.
``Qualifying State'' means a State that has submitted, or a
State in which an eligible unit of local government has
submitted, a grant application that meets the requirements of
subsections (c) and (e).
``State'' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $75,000,000 for fiscal year 1996;
(2) $100,000,000 for fiscal year 1997;
(3) $190,000,000 for fiscal year 1998;
(4) $200,000,000 for fiscal year 1999; and
(5) $207,000,000 for fiscal year 2000.
SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS.
Section 20109 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended by striking paragraphs (2) through (6) and inserting
the following:
(1) $675,000,000 for fiscal year 1996;
(2) $900,000,000 for fiscal year 1997;
(3) $1,710,000,000 for fiscal year 1998;
(4) $1,800,000,000 for fiscal year 1999; and
(5) $1,863,000,000 for fiscal year 2000. | Juvenile Corrections Act of 1994 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure facilities and staff-secure facilities for violent and chronic juvenile offenders.
Sets forth provisions regarding: (1) eligibility for grants; (2) application requirements; (3) minimum amounts allocated to qualifying States; (4) performance evaluations; and (5) technical assistance and training. Authorizes appropriations.
Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Homelessness Task Force Act
of 2007''.
SEC. 2. ESTABLISHMENT.
There is established a task force in the legislative branch to be
known as the ``National Homelessness Task Force'' (in this Act referred
to as the ``Task Force'').
SEC. 3. DUTIES.
The Task Force, in consultation with relevant heads of Federal
agencies administering Federal programs for homeless individuals that
were in existence on the date of enactment of this Act, including the
Interagency Council on Homelessness, shall conduct the following
activities:
(1) Review and analyze reports published by Federal, State,
and local agencies and academic institutions that relate to
homelessness.
(2) Evaluate--
(A) the effectiveness of Federal programs in
existence on the date of enactment of this Act that
address homelessness;
(B) the cost-effectiveness of such programs; and
(C) the Federal role in interacting and
coordinating with State and local entities that address
homelessness.
(3) Analyze options and make recommendations--
(A) to improve Federal programs in existence on the
date of enactment of this Act that address
homelessness;
(B) for State and local shelter and transitional
housing programs to reduce the period that people
remain homeless;
(C) for the establishment of an outreach program
that raises awareness among homeless individuals about
resources available to such individuals and assists
such individuals in accessing such resources, which may
include local service and treatment centers, case
management agencies, and safe haven services that
assist homeless individuals with serious mental
illnesses; and
(D) to expand the supply of permanent affordable
housing for chronically homeless individuals, as well
as individuals and families with incomes below the
Federal poverty line.
(4) Conduct research and develop methods--
(A) through consultation with State and local
agencies, to improve coordination between the
Interagency Council on Homelessness and Federal
agencies in existence at the date of enactment of this
Act which specifically deal with homelessness,
including the Department of Housing and Urban
Development, the Department of Health and Human
Services, and the Department of Veterans Affairs;
(B) to minimize the period in which individuals
remain homeless; and
(C) to establish a system that ensures homeless
individuals have access to employment and job-training
programs, as well as employment.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Task Force shall be composed of up
to 10 members (in this Act referred to as the ``TF members''). The
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate may each
appoint, in consultation with the Secretary of Housing and Urban
Development, up to 5 TF members. Appointments shall be made within 90
days of the enactment of this Act.
(b) Qualifications.--In making appointments under subsection (a),
the appointing authorities described in such subsection may select TF
members from representatives of Federal and State agencies,
commissions, boards, regional agencies, tribes, colleges and
universities, and nongovernmental organizations. Such appointing
authorities shall, to the greatest extent possible, appoint individuals
who are particularly qualified to perform the functions of the Task
Force, by reason of either practical experience or academic expertise
in housing or economic development.
(c) Compensation.--
(1) In general.--TF members shall serve without
compensation.
(2) Travel expenses.--Each TF member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter 1 of
chapter 57 of title 5, United States Code.
(d) Chairpersons.--The Task Force shall have 2 Chairpersons. From
among the TF members, the majority leader of the Senate and the Speaker
of the House of Representatives shall choose 1 Chairperson, and the
minority leaders from the Senate and the House of Representatives shall
choose the other Chairperson.
SEC. 5. STAFF OF THE TASK FORCE AND EXPERTS AND CONSULTANTS.
(a) Staff.--Subject to the rules prescribed by the Task Force, the
Chairpersons of the Task Force may appoint from 3 to 6 individuals as
personnel and fix the pay of such personnel as the Chairpersons
consider appropriate.
(b) Experts and Consultants.--With the approval of the Task Force,
the Chairpersons may procure temporary and intermittent services in the
manner prescribed in section 3109(b) 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 grade GS-15 of the General
Schedule under section 5332 of such title.
(c) Staff of Federal Agencies.--Upon the request of the Task Force,
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 performing its duties under this Act.
SEC. 6. POWERS.
(a) Members and Agents.--Any member or agent of the Task Force may,
if authorized by the Task Force, take any action that the Task Force is
authorized to take under this Act.
(b) Obtaining Official Data.--The Task Force may secure directly
from any Federal department or agency information necessary to enable
it to carry out this Act. Upon the request of the Task Force, the head
of that department or agency shall furnish the information to the Task
Force.
(c) Mails.--The Task Force may use the United States mails in the
same manner and under the same conditions as Federal departments and
agencies.
SEC. 7. REPORTS.
(a) Initial Report.--Not later than 3 months after the date of
completion of the appointment of the TF members under section 4(a), the
Task Force shall submit to Congress a report describing how the Task
Force will undertake the duties described in section 3.
(b) Final Report.--Not later than 12 months after the date of
completion of the appointment of the TF members under section 4(a), the
Task Force shall submit to Congress a report that--
(1) describes the activities of the Task Force conducted
under section 3; and
(2) makes recommendations on--
(A) long-term goals for Congress to reduce
homelessness; and
(B) strategies for Congress to achieve such goals.
SEC. 8. TERMINATION.
The Task Force shall terminate 10 days after the date on which the
Task Force submits the final report under section 7(b).
SEC. 9. DEFINITIONS.
For purposes of this Act:
(a) Affordable Housing.--The term ``affordable housing'' includes
properties for which assistance is provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), and single-room
occupancy units.
(b) Chronically Homeless Individual.--The term ``chronically
homeless individual'' means an unaccompanied, disabled individual with
a disabling condition who has been continually homeless for at least
the duration of 1 year or who has been homeless for 4 or more episodes
in the previous 3 years.
(c) Disabling Condition.--A ``disabling condition'' means a
diagnosable substance use disorder, serious mental illness,
developmental disability, or chronic physical illness or disability,
including the co-occurrence of 2 or more of such conditions.
(d) Homeless; Homeless Individual.--The terms ``homeless'' and
``homeless individual'' have the meaning given such terms in section
103 of the McKinney-Vento Act (42 U.S.C. 11302).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 to carry out
this Act. | National Homelessness Task Force Act of 2007 - Establishes in the legislative branch a National Homelessness Task Force to: (1) analyze reports by federal, state, and local agencies and academic institutions relating to homelessness; (2) evaluate the effectiveness of federal programs addressing homelessness, particularly their interaction with state and local entities which also address homelessness; (3) analyze options and make recommendations to alleviate the causes and effects of such homelessness; and (4) conduct related research and develop methods to improve, federal, state, and local agency coordination. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens' Protection From Violent
Crime Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) One of the primary duties of government is to protect
its citizens from armed violent criminals. America's cherished
liberty and the social and economic prosperity of its
communities are dependent upon government's ability to maintain
public safety.
(2) The fulfillment of government's responsibility is not
achieved by gun control laws. Criminals, by definition, operate
outside the law and routinely acquire firearms when they so
desire.
(3) The only true effect of gun control laws is to disarm
citizens who have no intention of harming others except in the
course of self-defense. These laws also have the effect of
criminalizing the mere possession of certain types of guns even
when such possession is for entirely lawful purposes.
(4) The Second Amendment to the Constitution of the United
States guarantees citizens the right to possess firearms. This
right is grounded in the need for self-defense.
(5) People in the United States frequently use firearms to
defend themselves because police cannot always protect, and are
not legally liable for failing to protect, individual citizens.
SEC. 3. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR
DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING A
STATE CRIME THAT IS A SERIOUS VIOLENT FELONY OR SERIOUS
DRUG OFFENSE.
Section 924(c) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) A person who, during and in relation to any crime of violence
or drug trafficking crime (including a crime of violence or serious
drug trafficking crime which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which the person may be prosecuted in a court of the United States--
``(A) possesses a firearm, shall, in addition to the
sentence imposed for the crime of violence or drug trafficking
crime, be sentenced to imprisonment for 5 years;
``(B) brandishes a firearm, shall, in addition to the
sentence imposed for the crime of violence or drug trafficking
crime, be sentenced to imprisonment for 10 years; or
``(C) discharges a firearm with the intent to injure
another person, shall, in addition to the sentence imposed for
the crime of violence or drug trafficking crime, be sentenced
to imprisonment for 20 years;
except that if the firearm is a short-barreled rifle or short-barreled
shotgun, such additional sentence shall be imprisonment for 5 years
more than the term of imprisonment that would otherwise be imposed
under this paragraph, and if the firearm is a machinegun or destructive
device or is equipped with a firearm silencer or firearm muffler, such
additional sentence shall be imprisonment for 30 years.
``(2)(A) A person who, during and in relation to a serious violent
felony or serious drug offense (including a serious violent felony or
serious drug offense that provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which the person may be prosecuted in a court of any State--
``(i) possesses a firearm, shall, in addition to the
sentence imposed for the serious violent felony or serious drug
offense, be sentenced to imprisonment for not less than 5
years;
``(ii) brandishes a firearm, shall, in addition to the
sentence imposed for the serious violent felony or serious drug
offense, be sentenced to imprisonment for not less than 10
years; or
``(iii) discharges a firearm with the intent to injure
another person, shall, in addition to the sentence imposed for
the serious violent felony or serious drug offense, be
sentenced to imprisonment for not less than 20 years;
except that if the firearm is a machinegun or destructive device or is
equipped with a firearm silencer or firearm muffler, such additional
sentence shall be imprisonment for not less than 30 years.
``(B) Subparagraph (A) shall not apply to the conduct of a person
in defense of person or property during the course of a crime committed
by another person (including the arrest or attempted arrest of such
other person during or immediately after the commission of the crime),
unless the person engaged in or participated in criminal conduct that
gave rise to the criminal conduct of such other person.
``(C) It is the intent of the Congress that--
``(i) this paragraph shall be used to supplement but not
supplant the efforts of State and local prosecutors in
prosecuting serious violent felonies and serious drug offenses
that could be prosecuted under State law; and
``(ii) the Attorney General shall give due deference to the
interest that a State or local prosecutor has in prosecuting a
person under State law.
``(3) In the case of the second or subsequent conviction of a
person under this subsection--
``(A) if the person possessed a firearm during and in
relation to such second or subsequent crime of violence, drug
trafficking crime, serious violent felony, or serious drug
offense, the person shall, in addition to the sentence imposed
for such second or subsequent offense, be sentenced to
imprisonment for not less than 20 years;
``(B) if the person brandished a firearm during and in
relation to such second or subsequent crime of violence, drug
trafficking crime, serious violent felony, or serious drug
offense, the person shall, in addition to the sentence imposed
for such second or subsequent offense, be sentenced to
imprisonment for not less than 25 years; or
``(C) if the person discharged a firearm with the intent to
injure another person during and in relation to such second or
subsequent crime of violence, drug trafficking crime, serious
violent felony, or serious drug offense, the person shall, in
addition to the sentence imposed for such second or subsequent
offense, be sentenced to imprisonment for not less than 30
years;
except that if the firearm is a machinegun or destructive device or is
equipped with a firearm silencer or firearm muffler, the person shall,
in addition to the sentence imposed for such second or subsequent
offense, be sentenced to life imprisonment.
``(4)(A) Notwithstanding any other provision of law, the court
shall not impose a probationary sentence on any person convicted of a
violation of this subsection, nor shall a term of imprisonment imposed
under this subsection run concurrently with any other term of
imprisonment including that imposed for the crime of violence, drug
trafficking crime, serious violent felony, or serious drug offense in
which the firearm was used.
``(B) No person sentenced under this subsection shall be released
for any reason whatsoever during a term of imprisonment imposed under
this subsection.''; and
(3) by adding at the end the following:
``(7) For purposes of this subsection, the term `serious violent
felony' shall have the meaning given such term by section
3559(c)(2)(F)(i).
``(8) For purposes of this subsection, the term `serious drug
offense' means an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been punishable
under section 401(b)(1)(B) or section 408 of the Controlled Substances
Act (21 U.S.C. 841(b)(1)(B), 848), or section 1010(b)(2) of the
Controlled Substances Import and Export Act (21 U.S.C. 960(b)(2)).''.
SEC. 4. MANDATORY PENALTIES FOR VIOLENT FELONS.
Section 924(a)(2) of title 18, United States Code, is amended by
adding at the end the following: ``The court shall sentence a person
convicted of an offense under section 922(g)(1) of this title to not
less than 5 years in prison if the person has a prior conviction for a
serious violent felony (as defined in section 3559(c)(2)(F)), and to
not less than 10 years in prison if the person has 2 such prior
convictions.''.
SEC. 5. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (i);
(2) in clause (ii), by striking the semicolon and inserting
``or which, if it had been prosecuted as a violation of the
Controlled Substances Act (21 U.S.C. 801 et seq.) at the time
of the offense, and because of the type and quantity of the
controlled substance involved, would have been punishable by a
maximum term of imprisonment of 10 years or more; or''; and
(3) by adding at the end the following:
``(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this
paragraph;''.
SEC. 6. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR EXPLOSIVES BY
CONVICTED VIOLENT FELONS.
Section 3156(a)(4) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(3) by adding after subparagraph (C) the following:
``(D) an offense that is a violation of section
842(i) of this title (relating to possession of
explosives by convicted felons); or
``(E) an offense that is a violation of section
922(g)(1) of this title (relating to possession of
firearms by convicted felons), if the offender has
previously been convicted of such a violation or of any
other offense described in this paragraph.''.
SEC. 7. ARMED VIOLENT CRIMINAL APPREHENSION DIRECTIVE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General of the United States shall
establish an armed violent criminal apprehension program consistent
with the following requirements:
(1) Each United States attorney shall designate at least 1
assistant United States attorney to prosecute armed violent
criminals.
(2) Each United States attorney shall establish an armed
violent criminal apprehension task force comprised of
appropriate law enforcement representatives. The task force
shall develop strategies for removing armed violent criminals
from the streets, taking into consideration--
(A) the importance of severe punishment in
deterring armed violent crime;
(B) the effectiveness of Federal and State laws
pertaining to apprehension and prosecution of armed
violent criminals;
(C) the resources available to each law enforcement
agency participating in the task force;
(D) the nature and extent of the violent crime
occurring in the district for which the United States
attorney is appointed; and
(E) the principle of limited Federal involvement in
the prosecution of crimes traditionally prosecuted in
State and local jurisdictions.
(3) Not less frequently than monthly, the Attorney General
shall require each United States attorney to report to the
Department of Justice the number of defendants charged with, or
convicted of, violating section 922(g) or 924 of title 18,
United States Code, in the district for which the United States
attorney is appointed.
(4) Not less frequently than twice annually, the Attorney
General shall submit to the Congress a compilation of the
information received by the Department of Justice pursuant to
paragraph (3) and a report on all waivers granted under
subsection (b).
(b) Waiver Authority.--
(1) Request for waiver.--A United States attorney may
request the Attorney General to waive the requirements of
subsection (a) with respect to the United States attorney.
(2) Provision of waiver.--The Attorney General may waive
the requirements of subsection (a) pursuant to a request made
under paragraph (1), in accordance with guidelines which shall
be established by the Attorney General. In establishing the
guidelines, the Attorney General shall take into consideration
the number of assistant United States attorneys in the office
of the United States attorney making the request and the level
of violent crime committed in the district for which the United
States attorney is appointed.
(c) Armed Violent Criminal Defined.--As used in this section, the
term ``armed violent criminal'' means a person who is accused of
violating section 922(g)(1) of title 18, United States Code, having
been previously convicted of a violent crime, or who is accused of
violating section 924 of such title.
(d) Sunset.--This section shall have no force or effect after the
5-year period that begins 180 days after the date of the enactment of
this Act.
SEC. 8. RIGHT TO USE FIREARMS IN DEFENSE OF SELF OR OTHER PERSONS
WITHIN A HOME; ENFORCEMENT.
(a) Reaffirmation of Right.--A person not prohibited by Federal law
from receiving a firearm shall have the right to use firearms within a
home in defense of self or other persons against a reasonably perceived
threat of imminent and unlawful infliction of serious bodily injury.
(b) Firearm Defined.--As used in subsection (a), the term
``firearm'' means--
(1) a shotgun (as defined in section 921(a)(5) of title 18,
United States Code);
(2) a rifle (as defined in section 921(a)(7) of title 18,
United States Code); or
(3) a handgun (as defined in section 10 of Public Law 99-
408).
(c) Enforcement.--
(1) In general.--A person whose right under subsection (a)
is violated in any manner by any other person or by any
government may bring an action in any United States district
court against such other person or government for damages,
injunctive relief, and such other relief as the court deems
appropriate.
(2) Authority to award a reasonable attorney's fee.--In an
action brought under paragraph (1), the court, in its
discretion, may allow the prevailing plaintiff a reasonable
attorney's fee as part of the costs.
(3) Statute of limitations.--An action may not be brought
under paragraph (1) after the 5-year period that begins with
the date the violation described in paragraph (1) is
discovered.
SEC. 9. REPEAL OF THE BAN ON SEMIAUTOMATIC FIREARMS AND THE BAN ON
LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) In General.--Section 922 of title 18, United States Code, is
amended by striking subsections (v) and (w) and by striking the
appendix.
(b) Conforming Amendments and Repeals.--
(1) Section 921(a) of such title is amended by striking
paragraphs (30) and (31).
(2) Section 924(a)(1)(B) of such title is amended by
striking ``(r), (v), or (w)'' and inserting ``or (r)''.
(3) Section 923(i) of such title is amended by striking the
last 2 sentences.
(4) Section 110104 of the Violent Crime Control and Law
Enforcement Act of 1994 (18 U.S.C. 921 note) is hereby
repealed.
(5) Section 110501 of such Act (28 U.S.C. 994 note) is
hereby repealed.
(c) Effective Dates.--
(1) Retroactive effect generally.--Except as provided in
paragraph (2), the amendments made by this section shall take
effect as if such amendments had been included in subtitle A of
title XI of the Violent Crime Control and Law Enforcement Act
of 1994 on the date of the enactment of such Act. Any
liability, penalty, or forfeiture incurred by reason of any
amendment made by section 110102 or 110103 of such Act is
hereby extinguished, and any action or prosecution for the
enforcement of any such liability, penalty, or forfeiture shall
not be sustained.
(2) Exception.--The amendment made by subsection (b)(5)
shall take effect on the date of the enactment of this Act. | Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person.
Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act.
Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions.
Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act.
Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons.
Directs the Attorney General to establish an armed violent criminal apprehension program.
Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations.
Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster EITC Act of 2015''.
SEC. 2. PERMANENT EXTENSION OF MODIFICATIONS TO EARNED INCOME TAX
CREDIT.
(a) Increase in Credit Percentage for Families With 3 or More
Children.--Paragraph (1) of section 32(b) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``The credit'' and inserting the following:
``(A) In general.--The credit'', and
(2) by adding at the end the following new subparagraph:
``(B) Increased credit percentage for families with
3 or more qualifying children.--In the case of an
eligible individual with 3 or more qualifying children,
the table in subparagraph (A) shall be applied by
substituting `45' for `40' in the second column
thereof.''.
(b) Joint Returns.--
(1) In general.--Subparagraph (B) of section 32(b)(2) of
the Internal Revenue Code of 1986 is amended by striking
``$3,000'' and inserting ``$5,000.''.
(2) Inflation adjustments.--Clause (ii) of section
32(j)(1)(B) of such Code is amended--
(A) by striking ``$3,000'' and inserting
``$5,000'',
(B) by striking ``subsection (b)(2)(B)(iii)'' and
inserting ``subsection (b)(2)(B)'', and
(C) by striking ``calendar year 2007'' and
inserting ``calendar year 2008''.
(c) Conforming Amendment.--Section 32(b)of such Code is amended by
striking paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 3. STRENGTHENING THE EARNED INCOME TAX CREDIT.
(a) Increased Credit for Individuals With No Qualifying Children.--
(1) In general.--The table in subparagraph (A) of section
32(b)(2) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``$4,220'' in the second column and
inserting ``$8,820'', and
(B) by striking ``$5,280'' in the last column and
inserting ``$10,425''.
(2) Inflation adjustments.--Subparagraph (B) of section
32(j)(1) of the Internal Revenue Code of 1986, as amended by
this Act, is amended--
(A) in clause (i)--
(i) by inserting ``(except as provided in
clause (iii))'' after ``(b)(2)(A)'', and
(ii) by striking ``and'' at the end, and
(B) by adding at the end the following new clause:
``(iii) in the case of the $8,820 and
$10,4250 amount in the table in subsection
(b)(2)(A), by substituting `calendar year 2011'
for `calendar year 1992' in subparagraph (B) of
such section 1.''.
(b) Credit Increase and Reduction in Phaseout for Individuals With
No Children.--The table contained in section 32(b)(1)(A) of the
Internal Revenue Code of 1986, as amended by this Act, is amended--
(1) by striking ``7.65'' in the second column of the third
row and inserting ``15.3'', and
(2) by striking ``7.65'' in the third column of the third
row and inserting ``15.3''.
(c) Lowering Eligibility Age for Certain Childless Individuals and
Youth Formerly in Foster Care.--
(1) In general.--Subclause (II) of section 32(c)(1)(A)(ii)
of the Internal Revenue Code of 1986 is amended by striking
``age 25'' and inserting ``age 21 (or, in the case of youth
formerly in foster care, age 18)''.
(2) Youth formerly in foster care.--Subsection (c) of
section 32 of such Code is amended by adding at the end the
following new subparagraph:
``(G) Youth formerly in foster care.--For purposes
of subparagraph (A)(ii)(II), the term `youth formerly
in foster care' means an individual who was in foster
care on or after the date that such individual attained
16 years of age.''.
(3) Returns relating to youth in foster care.--
(A) In general.--Subpart B of part III of
subchapter A of chapter 61 of the Internal Revenue Code
of 1986 is amended by inserting after section 6050W the
following new section:
``SEC. 6050X. RETURNS RELATING TO YOUTH IN FOSTER CARE.
``(a) Requirement of Reporting.--
``(1) In general.--Any State, local, or tribal agency
responsible for reporting data to the Adoption and Foster Care
Analysis and Reporting System shall make a return, at such
times as the Secretary may prescribe, described in subsection
(b) with respect to any individual who is in foster care within
the jurisdiction of such State, locality, or tribe on or after
the date that such individual attained 16 years of age.
``(2) Single return.--Except as provided by the Secretary,
a State, local, or tribal agency described in paragraph (1)
which has made a return for an individual described in such
paragraph shall not be required to make a return for such
individual for any subsequent calendar year.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains, with respect to each individual described
in subsection (a)(1)--
``(A) the name, date of birth, and TIN of such
individual,
``(B) the identification number assigned to such
individual for purposes of the statewide or tribal
automated child welfare information system, and
``(C) such other information as the Secretary may
prescribe.
``(c) Statement To Be Furnished to Individuals With Respect to Whom
Information Is Required.--
``(1) In general.--Every person required to make a return
under subsection (a) shall furnish to each person whose name is
required to be set forth in such return a written statement
showing--
``(A) the name and address of the person required
to make such return and the phone number of the
information contact for such person, and
``(B) the information required to be shown on the
return with respect to such individual.
``(2) Date.--The written statement required under paragraph
(1) shall be furnished on or before January 31 of the year
following the calendar year for which the return under
subsection (a) is required to be made.''.
(B) Assessable penalties.--Subparagraph (B) of
section 6724(d)(1) of such Code is amended--
(i) by redesignating clauses (xxiv) and
(xxv) as clauses (xxv) and (xxvi),
respectively, and
(ii) by inserting after clause (xxiii) the
following new clause:
``(xxiv) section 6050X (relating to returns
relating to youth in foster care),''.
(C) Conforming amendment.--The table of sections
for subpart B of part III of subchapter A of chapter 61
of such Code is amended by adding at the end the
following new item:
``Sec. 6050X. Returns relating to youth in foster care.''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 4. SIMPLIFYING THE EARNED INCOME TAX CREDIT.
(a) Modification of Abandoned Spouse Rule.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986, as amended by this Act, is amended by adding at
the end the following new paragraph:
``(H) Certain married individuals living apart.--
For purposes of this section, an individual who--
``(i) is married (within the meaning of
section 7703(a)) and files a separate return
for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii)(I) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse, or
``(II) has a legally binding separation
agreement with the individual's spouse and is
not a member of the same household with the
individual's spouse by the end of the taxable
year,
shall not be considered as married.''.
(2) Conforming amendments.--
(A) The last sentence of section 32(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``section 7703'' and inserting ``section 7703(a)''.
(B) Section 32(d) of such Code is amended by
striking ``In the case of an individual who is married
(within the meaning of section 7703)'' and inserting
``In the case of an individual who is married (within
the meaning of section 7703(a)) and is not described in
subsection (c)(1)(H)''.
(b) Simplification of Rules Regarding Presence of Qualifying
Child.--
(1) Taxpayer eligible for credit for worker without
qualifying child if qualifying child claimed by another member
of family.--Section 32(c)(1) of the Internal Revenue Code of
1986, as amended by this Act, is amended by adding at the end
the following new paragraph:
``(I) Taxpayer eligible for credit for worker
without qualifying child if qualifying child claimed by
another member of family.--
``(i) General rule.--Except as provided in
clause (ii), in the case of 2 or more eligible
individuals who may claim for such taxable year
the same individual as a qualifying child, if
such individual is claimed as a qualifying
child by such an eligible individual, then any
other such eligible individual who does not
make such a claim of such child or of any other
qualifying child may be considered an eligible
individual without a qualifying child for
purposes of the credit allowed under this
section for such taxable year.
``(ii) Exception if qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by
an eligible individual who is a parent of such
child, then no other custodial parent of such
child who does not make such a claim of such
child may be considered an eligible individual
without a qualifying child for purposes of the
credit allowed under this section for such
taxable year.''.
(2) Taxpayer eligible for credit for worker without
qualifying child if qualifying children do not have valid
social security number.--Subparagraph (F) of section 32(c)(1)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children, if
no qualifying child of such individual is taken into
account under subsection (b) by reason of paragraph
(3)(D), for purposes of the credit allowed under this
section, such individual may be considered an eligible
individual without a qualifying child.''.
(c) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Foster EITC Act of 2015 This bill amends the Internal Revenue Code to modify the earned income tax credit by: (1) making permanent the increase in the rate of such credit for taxpayers with three or more children, (2) increasing the credit for taxpayers with no qualifying children, (3) reducing the qualifying age for such credit for certain childless individuals (from age 25 to age 21) and for youth formerly in foster care (from age 25 to age 18), (4) imposing new reporting requirements for youth in foster care who have attained age 16, and (5) revising eligibility rules relating to married individuals living apart and qualifying children claimed by another family member. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrographic Services Improvement
Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(3) Hydrographic data.--The term ``hydrographic data''
means information acquired through hydrographic or bathymetric
surveying, photogrammetry, geodetic measurements, tide and
current observations, or other methods, that is used in
providing hydrographic services.
(4) Hydrographic services.--The term ``hydrographic
services'' means--
(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric,
hydrographic, geodetic, and tide and current
information, including the production of nautical
charts, nautical information databases, and other
products derived from hydrographic data;
(B) the development of nautical information
systems; and
(C) related activities.
(5) Act of 1947.--The term ``Act of 1947'' means the Act
entitled ``An Act to define the functions and duties of the
Coast and Geodetic Survey, and for other purposes'', approved
August 6, 1947 (33 U.S.C. 883a et seq.).
SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.
(a) Responsibilities.--To fulfill the data gathering and
dissemination duties of the Administration under the Act of 1947, the
Administrator shall--
(1) acquire hydrographic data;
(2) promulgate standards for hydrographic data used by the
Administration in providing hydrographic services;
(3) promulgate standards for hydrographic services provided
by the Administration;
(4) ensure comprehensive geographic coverage of
hydrographic services, in cooperation with other appropriate
Federal agencies;
(5) maintain a national database of hydrographic data, in
cooperation with other appropriate Federal agencies;
(6) provide hydrographic services in uniform, easily
accessible formats;
(7) participate in the development of, and implement for
the United States in cooperation with other appropriate Federal
agencies, international standards for hydrographic data and
hydrographic services; and
(8) to the greatest extent practicable and cost-effective,
fulfill the requirements of paragraphs (1) and (6) through
contracts or other agreements with private sector entities.
(b) Authorities.--To fulfill the data gathering and dissemination
duties of the Administration under the Act of 1947, and subject to the
availability of appropriations, the Administrator--
(1) may procure, lease, evaluate, test, develop, and
operate vessels, equipment, and technologies necessary to
ensure safe navigation and maintain operational expertise in
hydrographic data acquisition and hydrographic services;
(2) may enter into contracts and other agreements with
qualified entities, consistent with subsection (a)(8), for the
acquisition of hydrographic data and the provision of
hydrographic services;
(3) shall award contracts for the acquisition of
hydrographic data in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 541
et seq.); and
(4) may, subject to section 5, design and install where
appropriate Physical Oceanographic Real-Time Systems to enhance
navigation safety and efficiency.
SEC. 4. QUALITY ASSURANCE PROGRAM.
(a) Definition.--For purposes of this section, the term
``hydrographic product'' means any publicly or commercially available
product produced by a non-Federal entity that includes or displays
hydrographic data.
(b) Program.--
(1) In general.--The Administrator may--
(A) develop and implement a quality assurance
program, under which the Administrator may certify
hydrographic products that satisfy the standards
promulgated by the Administrator under section 3(a)(3);
(B) authorize the use of the emblem or any
trademark of the Administration on a hydrographic
product certified under subparagraph (A); and
(C) charge a fee for such certification and use.
(2) Limitation on fee amount.--Any fee under paragraph
(1)(C) shall not exceed the costs of conducting the quality
assurance testing, evaluation, or studies necessary to
determine whether the hydrographic product satisfies the
standards adopted under section 3(a)(3), including the cost of
administering such a program.
(c) Limitation on Liability.--The Government of the United States
shall not be liable for any negligence by a person that produces
hydrographic products certified under this section.
(d) Hydrographic Services Account.--
(1) Establishment.--There is established in the Treasury a
separate account, which shall be known as the Hydrographic
Services Account.
(2) Content.--The account shall consist of--
(A) amounts received by the United States as fees
charged under subsection (b)(1)(C); and
(B) such other amounts as may be provided by law.
(3) Limitation; deposit.--Fees deposited in this account
during any fiscal year pursuant to this section shall be
deposited and credited as offsetting collections to the
National Oceanic and Atmospheric Administration, Operations,
Research, and Facilities account. No amounts collected pursuant
to this section for any fiscal year may be spent except to the
extent provided in advance in appropriations Acts.
(e) Limitation on New Fees and Increases in Existing Fees for
Hydrographic Services.--After the date of the enactment of this Act,
the Administrator may not--
(1) establish any fee or other charge for the provision of
any hydrographic service except as authorized by this section;
or
(2) increase the amount of any fee or other charge for the
provision of any hydrographic service except as authorized by
this section and section 1307 of title 44, United States Code.
SEC. 5. OPERATION AND MAINTENANCE OF PHYSICAL OCEANOGRAPHIC REAL-TIME
SYSTEMS.
(a) New Systems.--After the date of enactment of this Act, the
Administrator may not design or install any Physical Oceanographic
Real-Time System, unless the local sponsor of the system or another
Federal agency has agreed to assume the cost of operating and
maintaining the system within 90 days after the date the system becomes
operational.
(b) Existing Systems.--After October 1, 1999, the Administration
shall cease to operate Physical Oceanographic Real-Time Systems, other
than any system for which the local sponsor or another Federal agency
has agreed to assume the cost of operating and maintaining the system
by January 1, 1999.
SEC. 6. REPORTS.
(a) Photogrammetry and Remote Sensing.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall report to the
Congress on a plan to increase, consistent with this Act,
contracting with the private sector for photogrammetric and
remote sensing services related to hydrographic data
acquisition or hydrographic services. In preparing the report,
the Administrator shall consult with private sector entities
knowledgeable in photogrammetry and remote sensing.
(2) Contents.--The report shall include the following:
(A) An assessment of which of the photogrammetric
and remote sensing services related to hydrographic
data acquisition or hydrographic services performed by
the National Ocean Service can be performed adequately
by private-sector entities.
(B) An evaluation of the relative cost-
effectiveness of the Federal Government and private-
sector entities in performing those services.
(C) A plan for increasing the use of contracts with
private-sector entities in performing those services,
with the goal of obtaining performance of 50 percent of
those services through contracts with private-sector
entities by fiscal year 2003.
(b) Ports.--Not later than 6 months after the date of enactment of
this Act, the Administrator shall report to the Congress on--
(1) the status of implementation of real-time tide and
current data systems in United States ports;
(2) existing safety and efficiency needs in United States
ports that could be met by increased use of those systems; and
(3) a plan for expanding those systems to meet those needs,
including an estimate of the cost of implementing those systems
in priority locations.
(c) Maintaining Federal Expertise in Hydrographic Services.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall report to the
Congress on a plan to ensure that Federal competence and
expertise in hydrographic surveying will be maintained after
the decommissioning of the 3 existing National Oceanic and
Atmospheric Administration hydrographic survey vessels.
(2) Contents.--The report shall include--
(A) an evaluation of the seagoing capacity,
personnel, and equipment necessary to maintain Federal
expertise in hydrographic services;
(B) an estimated schedule for decommissioning the 3
existing survey vessels;
(C) a plan to maintain Federal expertise in
hydrographic services after the decommissioning of
these vessels; and
(D) an estimate of the cost of carrying out this
plan.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator the
following:
(1) To carry out nautical mapping and charting functions
under the Act of 1947 and sections 3 and 4, except for
conducting hydrographic surveys, $33,000,000 for fiscal year
1999, $34,000,000 for fiscal year 2000, $35,000,000 for fiscal
year 2001, $36,000,000 for fiscal year 2002, and $37,000,000
for fiscal year 2003.
(2) To conduct hydrographic surveys under section 3(a)(1),
including leasing of ships, $33,000,000 for fiscal year 1999,
$35,000,000 for fiscal year 2000, $37,000,000 for fiscal year
2001, $39,000,000 for fiscal year 2002, and $41,000,000 for
fiscal year 2003. Of these amounts, no more than $14,000,000 is
authorized for any one fiscal year to operate hydrographic
survey vessels owned and operated by the Administration.
(3) To carry out geodetic functions under the Act of 1947,
$20,000,000 for fiscal year 1999, and $22,000,000 for each of
fiscal years 2000, 2001, 2002, and 2003.
(4) To carry out tide and current measurement functions
under the Act of 1947, $22,500,000 for each of fiscal years
1999 through 2003. Of these amounts, $2,500,000 is authorized
for each fiscal year to implement and operate a national
quality control system for real-time tide and current data, and
$7,500,000 is authorized for each fiscal year to design and
install real-time tide and current data measurement systems
under section 3(b)(4) (subject to section 5).
SEC. 8. COMPLIANCE WITH BUY AMERICAN ACT.
No funds authorized pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 9. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of Commerce shall provide to
each recipient of the assistance a notice describing the statement made
in subsection (a) by the Congress.
SEC. 10. PROHIBITION OF CONTRACTS.
If it is has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
Passed the House of Representatives April 22, 1998.
Attest:
Robin H. Carle,
Clerk. | Hydrographic Services Improvement Act of 1998 - Sets forth the responsibilities of the Administrator of the National Oceanic and Atmospheric Administration (NOAA) regarding hydrographic data, services, and standards and maintenance of a national hydrographic database. Authorizes related procurement, leasing, and contracts.
Authorizes a quality assurance program, allowing certification of hydrographic products and use of a related emblem for certified products. Allows a fee for the certification and use. Establishes the Hydrographic Services Account, consisting of those fees. Requires that fees deposited in the Account be credited as offsetting collections to the NOAA Operations, Research, and Facilities account. Prohibits any charge or increase for any hydrographic service except as authorized in this paragraph (or, for increases, by specified provisions of Federal law).
Prohibits the design or installation of any new, and requires the cessation of operation of any existing, Physical Oceanographic Real-Time System unless the local sponsor or another Federal agency has agreed to assume operating and maintenance costs.
Requires the Administrator to report to the Congress on: (1) a plan to increase private sector contracting for photogrammetric and remote sensing services regarding hydrographic data acquisition and services; (2) implementation of real-time tide and current data systems in U.S. ports; (3) existing safety and efficiency needs in U.S. ports that could be met by increased use of those systems; (4) a plan for expanding those systems; and (5) a plan to ensure that Federal expertise in hydrographic surveying will be maintained after the decommissioning of the three existing NOAA hydrographic survey vessels.
Authorizes appropriations for: (1) nautical mapping and charting; (2) conducting hydrographic surveys; (3) geodetic functions; and (4) tide and current measurement.
Requires that fund recipients under this Act agree to comply with the Act popularly known as the "Buy American Act." Declares that it is the sense of the Congress that entities receiving assistance under this Act should, in expending the assistance, purchase only American-made equipment and products. Prohibits any person determined to have intentionally affixed on a product a false "Made in America" label from eligibility for any contract or subcontract made with funds under this Act. | billsum_train |
Make a summary of the following text: SECTION 1. TERMINATION OF THE UNITED STATES ARMY SCHOOL OF THE AMERICAS
Section 4415 of chapter 407 of title 10, United States Code is
repealed.
SEC. 2. ESTABLISHMENT OF ACADEMY FOR DEMOCRACY AND CIVIL-MILITARY
RELATIONS.
(a) In General.--Chapter 407 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4416. United States Academy for Democracy and Civil-Military
Relations
``(a) Establishment of Academy.--The Secretary of the Army, in
cooperation with the Secretary of State, may operate an educational
facility known as the United States Academy for Democracy and Civil-
Military Relations (in this section referred to as the ``Academy'').
``(b) Purposes of Academy.--The Academy shall be operated for the
purposes of--
``(1) identifying the proper role for the military in a
democratic society; and
``(2) improving civil-military relations and civilian
control over military matters in Latin American countries and
Caribbean countries.
``(c) Instruction at Academy.--
``(1) Areas of instruction.--Instruction at the Academy
shall be provided to civilian and military personnel of Latin
American countries and Caribbean countries, through seminars,
roundtable discussions, conferences, and a guest instructor
program, in the following areas:
``(A) The principles of respect for democracy,
human rights, and civilian control of the military in a
democratic society.
``(B) Mechanisms and skills necessary for the
exercise of civilian control and oversight over the
mission, structure, and operations of security forces.
``(C) Mechanisms and procedures for ensuring
accountability within the armed forces and for
institutionalizing within the armed forces rules of
engagement and an approach to the conduct of military
operations in accordance with recognized principles of
international law and human rights.
``(D) Mechanisms and skills necessary for the
exercise of civilian control and oversight over budgets
of security forces.
``(E) Mechanisms and skills necessary for the
exercise of civilian control over, and merit based
procedures in, promotions in security forces.
``(F) Mechanisms and skills necessary for the
exercise of civilian control over, and clear human
rights guidelines for, intelligence operations of
security forces.
``(G) Mechanisms and skills necessary to establish
and operate military justice and disciplinary systems
in accordance with international human rights
procedures.
``(H) Mechanisms and skills necessary to ensure
professional resource and personnel management in
security forces.
``(I) Mechanisms and skills necessary to ensure
civilian control and oversight over security force
involvement in the civilian economy.
``(J) Principles of multilateral cooperation in
internationally sanctioned peacekeeping operations.
``(K) Strategies for cooperative threat reduction,
including diplomatic approaches to addressing border
disputes, defensive configuration of armed forces, and
full compliance with the United Nations Register of
Conventional Arms.
``(L) Additional strategies designed to achieve
responsible reductions in military spending so that
resources may be used to promote development in Latin
American countries and Caribbean countries.
``(2) Combat and lethal skills training.--Combat and lethal
skills training shall not be offered as part of the curriculum
of the Academy.
``(3) Course catalogue and curriculum.--The course
catalogue and curriculum of the Academy shall be available for
public inspection.
``(d) Screening of Instructors and Students.--The Secretary of the
Army, in cooperation with the Secretary of State, shall conduct a
thorough screening of potential instructors and students at the Academy
and ensure that they exhibit the highest level of commitment to and
respect for democracy and human rights. The instructors of the Academy
shall consist of civilians and military personnel. Every course and
program at the Academy shall involve civilians, including civilian
personnel in defense establishments, elected officials and civil
servants, and representatives of human rights and other civic
organizations. The number of civilians attending the Academy should be
at least 20 percent of the total number of students, with the goal of
reaching 50 percent within five years after the establishment of the
Academy.
``(e) Advisory Committee.--The Secretary of the Army, in
consultation with the Secretary of State, shall establish an advisory
committee to provide advice on establishing and operating the Academy
and the content of the curriculum. The advisory committee shall be
comprised of five members from civilian life and shall include
representatives of human rights organizations based in the United
States and in Latin American and Caribbean countries with widely
recognized expertise in investigating violations of human rights
violations in those countries. The Advisory Committee shall approve all
instructors of the Academy.
``(f) Human Rights Violators.--If it becomes known to the Secretary
of State that persons who have attended the Academy have violated human
rights, then the Secretary shall determine whether elements of the
curriculum of the Academy are inconsistent with the purposes of the
Academy.
``(g) Funding.--The cost of operating and maintaining the Academy
may be paid from funds available under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347) (related to
international military education and training assistance).''.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 407 of such title is amended--
(1) by striking the item relating to section 4415; and
(2) by inserting after the item relating to section 4414
the following new item:
``4416. United States Academy for Democracy and Civil-Military
Relations''.
SEC. 3. COUNTERMINE PROGRAMS.
Nothing in this Act or the amendments made by this Act shall be
interpreted to affect the authority to conduct countermine programs at
other facilities at Fort Benning, Georgia, being carried out on the
date of enactment of this Act at the School of the Americas in response
to a request from the Organization of American States.
SEC. 4. REPORT TO CONGRESS.
After the United States Academy for Democracy and Civil-Military
Relations, established pursuant to section 4416 of title 10, United
States Code, has been in operation for a period of two years, the
Secretary of the Army shall submit to Congress a report on the
achievements of the Academy, and on the desirability and feasibility of
opening its courses and programs to attendees from outside of Latin
America countries and Caribbean countries.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that resources made available to
operate the United States Academy for Democracy and Civil-Military
Relations, established pursuant to section 4416 of title 10, United
States Code, should be commensurate with the total resources that were
dedicated to the United States School of the Americas in fiscal year
1996.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 1996. | Repeals a Federal law authorizing the Secretary of the Army to operate the military education and training facility known as the U.S. Army School of the Americas.
Authorizes the Secretary to operate the United States Academy for Democracy and Civil-Military Relations (Academy). Requires instruction at the Academy to be provided to civilian and military personnel of Latin American and Caribbean countries through seminars, roundtable discussions, conferences, and a guest instructor program.
Directs the Secretary to conduct a thorough screening of potential instructors and students at the Academy for commitment to and respect for democracy and human rights. Requires the Secretary to establish an advisory committee to provide advice on establishing and operating the Academy, as well as the content of its curriculum. Provides Academy funding.
States that this Act does not affect the authority to conduct countermine programs at Fort Benning, Georgia, at the School of the Americas in response to a request from the Organization of American States.
Directs the Secretary to report to the Congress on Academy achievements after two years of operation.
Expresses the sense of the Congress that resources made available to operate the Academy should be commensurate with the total resources that were dedicated to the School of the Americas in FY 1996. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Service Members Home Ownership Tax
Act of 2009''.
SEC. 2. WAIVER OF RECAPTURE OF FIRST-TIME HOMEBUYER CREDIT FOR
INDIVIDUALS ON QUALIFIED OFFICIAL EXTENDED DUTY.
(a) In General.--Paragraph (4) of section 36(f) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(E) Special rule for members of the armed forces,
etc.--
``(i) In general.--In the case of the
disposition of a principal residence by an
individual (or a cessation referred to in
paragraph (2)) after December 31, 2008, in
connection with Government orders received by
such individual, or such individual's spouse,
for qualified official extended duty service--
``(I) paragraph (2) and subsection
(d)(2) shall not apply to such
disposition (or cessation), and
``(II) if such residence was
acquired before January 1, 2009,
paragraph (1) shall not apply to the
taxable year in which such disposition
(or cessation) occurs or any subsequent
taxable year.
``(ii) Qualified official extended duty
service.--For purposes of this section, the
term `qualified official extended duty service'
means service on qualified official extended
duty as--
``(I) a member of the uniformed
services,
``(II) a member of the Foreign
Service of the United States, or
``(III) as an employee of the
intelligence community.
``(iii) Definitions.--Any term used in this
subparagraph which is also used in paragraph
(9) of section 121(d) shall have the same
meaning as when used in such paragraph.''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions and cessations after December 31, 2008.
SEC. 3. EXTENSION OF FIRST-TIME HOMEBUYER CREDIT FOR INDIVIDUALS ON
QUALIFIED OFFICIAL EXTENDED DUTY OUTSIDE THE UNITED
STATES.
(a) In General.--Subsection (h) of section 36 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``This section'' and inserting ``(1) In
general.--This section'', and
(2) by adding at the end the following:
``(2) Special Rules for Individuals on Qualified Official Extended
Duty Outside the United States.--In the case of any individual who
serves on qualified official extended duty service outside the United
States for at least 90 days in calendar year 2009 and, if married, such
individual's spouse--
``(A) paragraph (1) shall be applied by substituting
`December 1, 2010' for `December 1, 2009',
``(B) subsection (f)(4)(D) shall be applied by substituting
`December 1, 2010' for `December 1, 2009', and
``(C) in lieu of subsection (g), in the case of a purchase
of a principal residence after December 31, 2009, and before
July 1, 2010, the taxpayer may elect to treat such purchase as
made on December 31, 2009, for purposes of this section (other
than subsections (c) and (f)(4)(D)).''.
(b) Coordination With First-Time Homebuyer Credit for District of
Columbia.--Paragraph (4) of section 1400C(e) of such Code is amended by
inserting ``(December 1, 2010, in the case of a purchase subject to
section 36(h)(2))'' after ``December 1, 2009''.
(c) Effective Date.--The amendments made by this section shall
apply to residences purchased after November 30, 2009.
SEC. 4. EXCLUSION FROM GROSS INCOME OF QUALIFIED MILITARY BASE
REALIGNMENT AND CLOSURE FRINGE.
(a) In General.--Subsection (n) of section 132 of the Internal
Revenue Code of 1986 is amended--
(1) in subparagraph (1) by striking ``this subsection) to
offset the adverse effects on housing values as a result of a
military base realignment or closure'' and inserting ``the
American Recovery and Reinvestment Tax Act of 2009)'', and
(2) in subparagraph (2) by striking ``clause (1) of''.
(b) Effective Date.--The amendments made by this act shall apply to
payments made after February 17, 2009.
SEC. 5. INCREASE IN PENALTY FOR FAILURE TO FILE A PARTNERSHIP OR S
CORPORATION RETURN.
(a) In General.--Sections 6698(b)(1) and 6699(b)(1) of the Internal
Revenue Code of 1986 are each amended by striking ``$89'' and inserting
``$110''.
(b) Effective Date.--The amendments made by this section shall
apply to returns for taxable years beginning after December 31, 2009.
SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (1) of section 202(b) of the
Corporate Estimated Tax Shift Act of 2009 in effect on the date of the
enactment of this Act is increased by 0.5 percentage points. | Service Members Home Ownership Tax Act of 2009 - Amends the Internal Revenue Code to: (1) exempt members of the uniformed services, the Foreign Service, and employees of the intelligence community on official extended duty service from the recapture requirements of the first-time homebuyer tax credit; (2) extend the first-time homebuyer tax credit through November 30, 2010, for individuals serving on official extended duty service outside the United States for at least 90 days in 2009; (3) exclude from gross income payments to military personnel to compensate for declines in housing values due to a base closure or realignment; and (4) increase penalties for failure to file a partnership or S corporation tax return.
Amends the Corporate Estimated Tax Shift Act of 2009 to increase corporate estimated tax payments in the third quarter of 2014 by an additional 0.5%. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Credit Score Disclosure Act
of 2001''.
SEC. 2. DEFINITIONS.
Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is
amended by adding at the end the following:
``(q) Definitions Relating to Credit Scores.--In this title--
``(1) when used in connection with an application for an
extension of credit for a consumer purpose that is to be
secured by a dwelling--
``(A) the term `credit score'--
``(i) means a numerical value or
categorization derived from a statistical tool
or modeling system used to predict the
likelihood of certain credit behaviors,
including default; and
``(ii) does not include--
``(I) any mortgage score or rating
of an automated underwriting system
that considers 1 or more factors in
addition to credit information,
including the loan-to-value ratio, the
amount of down payment, or the
financial assets of a consumer; or
``(II) other elements of the
underwriting process or underwriting
decision; and
``(B) the term `key factors' means all relevant
elements or reasons affecting the credit score for a
consumer, listed in the order of their importance,
based on their respective effects on the credit score;
and
``(2) the terms `creditor' and `dwelling' have the same
meanings as in section 103 of the Truth in Lending Act.''.
SEC. 3. DUTIES OF CONSUMER REPORTING AGENCIES TO DISCLOSE CREDIT
SCORES.
(a) In General.--Section 609(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681g(a)) is amended by adding at the end the following:
``(6) In connection with an application for an extension of
credit for a consumer purpose that is to be secured by a
dwelling--
``(A) the current, or most recent, credit score of
the consumer that was previously calculated by the
agency;
``(B) the range of possible credit scores under the
model used;
``(C) the key factors, if any, not to exceed 4,
that adversely affected the credit score of the
consumer in the model used;
``(D) the date on which the credit score was
created; and
``(E) the name of the person or entity that
provided the credit score or the credit file on the
basis of which the credit score was created.''.
(b) Limitations on Required Provision of Credit Score.--Section 609
of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding
at the end the following:
``(d) Limitations on Required Provision of Credit Score.--
``(1) In general.--Subsection (a)(6) may not be construed--
``(A) to compel a consumer reporting agency to
develop or disclose a credit score if the agency does
not, in the ordinary course of its business--
``(i) distribute scores that are used in
connection with extensions of credit secured by
residential real property; or
``(ii) develop credit scores that assist
creditors in understanding the general credit
behavior of the consumer and predicting future
credit behavior;
``(B) to require a consumer reporting agency that
distributes credit scores developed by another person
or entity to provide a further explanation of those
scores, or to process a dispute arising pursuant to
section 611(a), except that the consumer reporting
agency shall be required to provide to the consumer the
name and information for contacting the person or
entity that developed the score;
``(C) to require a consumer reporting agency to
maintain credit scores in its files; or
``(D) to compel disclosure of a credit score,
except upon specific request of the consumer, except
that if a consumer requests the credit file and not the
credit score, then the consumer shall be provided with
the credit file and a statement that the consumer may
request and obtain a credit score.
``(2) Provision of scoring model.--In complying with
subsection (a)(6) and this subsection, a consumer reporting
agency shall supply to the consumer--
``(A) a credit score that is derived from a credit
scoring model that is widely distributed to users of
credit scores by that consumer reporting agency in
connection with any extension of credit secured by a
dwelling; or
``(B) a credit score that assists the consumer in
understanding the credit scoring assessment of the
credit behavior of the consumer and predictions about
future credit behavior.''.
(c) Conforming Amendment.--Section 609(a)(1) of the Fair Credit
Reporting Act (15 U.S.C. 1681g(a)(1)) is amended by inserting before
the period ``, other than as provided in paragraph (6)''.
SEC. 4. DUTIES OF USERS OF CREDIT SCORES.
(a) In General.--Section 615 of the Fair Credit Reporting Act (15
U.S.C. 1681m) is amended--
(1) by striking ``(e)'' at the end; and
(2) by adding at the end the following:
``(e) Duties of Users of Credit Scores.--
``(1) Disclosures.--Any person that makes or arranges
extensions of credit for consumer purposes that are to be
secured by a dwelling and that uses credit scores for that
purpose, shall be required to provide to the consumer to whom
the credit score relates, as soon as is reasonably practicable
after such use--
``(A) a copy of the information described in
section 609(a)(6) that was obtained from a consumer
reporting agency or that was developed and used by that
user of the credit score information; or
``(B) if the user of the credit score information
obtained such information from a third party that
developed such information, (other than a consumer
reporting agency or the user itself) only--
``(i) a copy of the information described
in section 609(a)(6) provided to the user by
the person or entity that developed the credit
score; and
``(ii) a notice that generally describes
credit scores, their use, and the sources and
kinds of data used to generate credit scores.
``(2) Rule of construction.--This subsection may not be
construed to require the user of a credit score described in
paragraph (1)--
``(A) to explain to the consumer the information
provided pursuant to section 609(a)(6), unless that
information was developed by the user;
``(B) to disclose any information other than a
credit score or the key factors required to be
disclosed under section 609(a)(6)(C);
``(C) to disclose any credit score or related
information obtained by the user after a transaction
occurs; or
``(D) to provide more than 1 disclosure under this
subsection to any 1 consumer per credit transaction.
``(3) Limitation.--Except as otherwise provided in this
subsection, the obligation of a user of a credit score under
this subsection shall be limited solely to providing a copy of
the information that was received from the consumer reporting
agency or other person. A user of a credit score has no
liability under this subsection for the content of credit score
information received from a consumer reporting agency or for
the omission of any information within the report provided by
the consumer reporting agency.''.
(b) Conforming Amendment.--Section 615 of the Fair Credit Reporting
Act (15 U.S.C. 1681m) is amended in the section heading, by adding at
the end ``and credit scores''.
SEC. 5. CONTRACTUAL LIABILITY.
Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is
amended by adding at the end the following:
``(d) Use of Credit Scores.--Any provision of any contract that
prohibits the disclosure of a credit score by a consumer reporting
agency or a person who makes or arranges extensions of credit to the
consumer to whom the credit score relates is void. A user of a credit
score shall not have liability under any such contractual provision for
disclosure of a credit score.''.
SEC. 6. RELATION TO STATE LAWS.
Section 624(b)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681t(b)(1)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraphs:
``(G) section 609(a)(6), relating to the disclosure
of credit scores by consumer reporting agencies; or
``(H) section 615(e), relating to the duties of
users of credit scores to disclose credit score
information to consumers;''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
180 days after the date of enactment of this Act. | Consumer Credit Score Disclosure Act of 2001 - Amends the Fair Credit Reporting Act to cite specified consumer credit scoring information that a consumer reporting agency must disclose upon consumer request in connection with an application for an extension of consumer credit secured by a dwelling, including a credit score: (1) derived from a model widely distributed to users of credit scores; or (2) that assists the consumer in understanding the credit scoring assessment of the consumer's credit behavior and predictions about future credit behavior.Requires any person that makes or arranges extensions of consumer credit that are to be secured by a dwelling, and that uses credit scores for that purpose, to provide the consumer with a copy of: (1) the information obtained from a consumer reporting agency or that was developed and used by that user of the credit score information; or (2) a copy of the information provided to the user by a third party that developed the credit score, plus a general description of credit scores, their use, and the sources and kinds of data used to generate credit scores.Declares void any contract provision that prohibits such mandated disclosures. Exempts from contractual liability any user of a credit score for making such a disclosure. | billsum_train |
Summarize the following text: SECTION 1. PHASE-OUT OF TAX SUBSIDIES FOR ALCOHOL FUELS PRODUCED FROM
FEEDSTOCKS ELIGIBLE TO RECEIVE FEDERAL AGRICULTURAL
SUBSIDIES.
(a) Alcohol Fuels Credit.--Section 40 of the Internal Revenue Code
of 1986 (relating to credit for alcohol used as a fuel) is amended by
adding at the end the following new subsection:
``(g) Phase-Out of Credit for Alcohol Produced From Feedstocks
Eligible To Receive Federal Agricultural Subsidies.--
``(1) In general.--No credit shall be allowed under this
section with respect to any alcohol, or fuel containing
alcohol, which is produced from any feedstock which is a
subsidized agricultural commodity.
``(2) Phase-in of disallowance.--In the case of taxable
years beginning in 1995 and 1996, paragraph (1) shall not apply
and the credit determined under this section with respect to
alcohol or fuels described in paragraph (1) shall be equal to
67 percent (33 percent in the case of taxable years beginning
in 1996) of the credit determined without regard to this
subsection.
``(3) Subsidized agricultural commodity.--For purposes of
this subsection, the term `subsidized agricultural commodity'
means any agricultural commodity which is supported, or is
eligible to be supported, by a price support or production
adjustment program carried out by the Secretary of
Agriculture.''.
(b) Excise Tax Reduction.--
(1) Petroleum products.--Section 4081(c) of the Internal
Revenue Code of 1986 (relating to taxable fuels mixed with
alcohol) is amended by redesignating paragraph (8) as paragraph
(9) and by adding after paragraph (7) the following new
paragraph:
``(8) Phase-out of subsidy for alcohol produced from
feedstocks eligible to receive federal agricultural
subsidies.--
``(A) In general.--This subsection shall not apply
to any qualified alcohol mixture containing alcohol
which is produced from any feedstock which is a
subsidized agricultural commodity.
``(B) Phase-in of disallowance.--In the case of
calendar years 1995 and 1996, the rate of tax under
subsection (a) with respect to any qualified alcohol
mixture described in subparagraph (A) shall be equal to
the sum of--
``(i) the rate of tax determined under this
subsection (without regard to this paragraph),
plus
``(ii) 33 percent (67 percent in the case
of 1996) of the difference between the rate of
tax under subsection (a) determined with and
without regard to this subsection.
``(C) Subsidized agricultural commodity.--For
purposes of this paragraph, the term `subsidized
agricultural commodity' means any agricultural
commodity which is supported, or is eligible to be
supported, by a price support or production adjustment
program carried out by the Secretary of Agriculture.''.
(2) Special fuels.--Section 4041 (relating to tax on
special fuels) is amended by adding at the end the following
new subsection:
``(n) Phase-Out of Subsidy for Alcohol Produced From Feedstocks
Eligible To Receive Federal Agricultural Subsidies.--
``(1) In general.--Subsections (b)(2), (k), and (m) shall
not apply to any alcohol fuel containing alcohol which is
produced from any feedstock which is a subsidized agricultural
commodity.
``(2) Phase-in of disallowance.--In the case of calendar
years 1995 and 1996, the rate of tax determined under
subsection (b)(2), (k), or (m) with respect to any alcohol fuel
described in paragraph (1) shall be equal to the sum of--
``(A) the rate of tax determined under such
subsection (without regard to this subsection), plus
``(B) 33 percent (67 percent in the case of 1996)
of the difference between the rate of tax under this
section determined with and without regard to
subsection (b)(2), (k), or (m), whichever is
applicable.
``(3) Subsidized agricultural commodity.--For purposes of
this subsection, the term `subsidized agricultural commodity'
means any agricultural commodity which is supported, or is
eligible to be supported, by a price support or production
adjustment program carried out by the Secretary of
Agriculture.''.
(3) Aviation fuel.--Section 4084(c) (relating to reduced
rate of tax for aviation fuel in alcohol mixture) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Phase-out of subsidy for alcohol produced from
feedstocks eligible to receive federal agricultural
subsidies.--
``(A) In general.--This subsection shall not apply
to any mixture of aviation fuel containing alcohol
which is produced from any feedstock which is a
subsidized agricultural commodity.
``(B) Phase-in of disallowance.--In the case of
calendar years 1995 and 1996, the rate of tax under
subsection (a) with respect to any mixture of aviation
fuel described in subparagraph (A) shall be equal to
the sum of--
``(i) the rate of tax determined under this
subsection (without regard to this paragraph),
plus
``(ii) 33 percent (67 percent in the case
of 1996) of the difference between the rate of
tax under subsection (a) determined with and
without regard to this subsection.
``(C) Subsidized agricultural commodity.--For
purposes of this paragraph, the term `subsidized
agricultural commodity' means any agricultural
commodity which is supported, or is eligible to be
supported, by a price support or production adjustment
program carried out by the Secretary of Agriculture.''.
(c) Effective Dates.--
(1) Credit.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1994.
(2) Excise taxes.--
(A) In general.--The amendments made by subsection
(b) shall take effect on January 1, 1995.
(B) Floor stock tax.--
(i) In general.--In the case of any alcohol
fuel in which tax was imposed under section
4041, 4081, or 4091 of the Internal Revenue
Code of 1986 before any tax-increase date, and
which is held on such date by any person, then
there is hereby imposed a floor stock tax on
such fuel equal to the difference between the
tax imposed under such section on such date and
the tax so imposed.
(ii) Liability for tax and method of
payment.--A person holding an alcohol fuel on
any tax-increase date shall be liable for such
tax, shall pay such tax no later than 90 days
after such date, and shall pay such tax in such
manner as the Secretary may prescribe.
(iii) Exceptions.--The tax imposed by
clause (i) shall not apply--
(I) to any fuel held in the tank of
a motor vehicle or motorboat, or
(II) to any fuel held by a person
if, on the tax-increase date, the
aggregate amount of fuel held by such
person and any related persons does not
exceed 2,000 gallons.
(iv) Tax-increase date.--For purposes of
this subparagraph, the term ``tax-increase
date'' means January 1, 1995, and January 1,
1996.
(v) Other laws applicable.--All provisions
of law, including penalties applicable with
respect to the taxes imposed by sections 4041,
4081, and 4091 of such Code shall, insofar as
applicable and not inconsistent with the
provisions of this subparagraph, apply with
respect to the floor stock taxes imposed by
clause (i). | Amends the Internal Revenue Code to phase out the tax subsidies for alcohol fuels produced from feedstocks which are eligible to receive Federal agricultural subsidies. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. CLARIFICATION REGARDING OCCUPANCY OF NATIVE ALLOTMENTS IN
NATIONAL FORESTS.
Section 18(a) of the Alaska Native Claims Settlement Act (43 U.S.C.
1617(a)) is amended--
(1) by striking ``(a) No Native'' and inserting the
following:
``(a) Revocation.--
``(1) In general.--No Native'';
(2) in the second sentence, by striking ``Further, the''
and inserting the following:
``(2) Repeal.--The'';
(3) in the third sentence, by striking ``Notwithstanding
the foregoing provisions of this section, any'' and inserting
the following:
``(3) Applications for allotment.--
``(A) In general.--Notwithstanding paragraphs (1)
and (2), any''; and
(4) in paragraph (3) (as designated by paragraph (3)), by
adding at the end the following:
``(B) Certain applications approved.--Any allotment
application pending before the Department of the
Interior on December 18, 1971, that was closed by the
Department pursuant to the civil action styled `Shields
v. United States' (698 F.2d 987 (9th Cir. 1983), cert.
denied (104 S. Ct. 73 (1983))) shall be reopened and
considered to be approved pursuant to this
paragraph.''.
SEC. 3. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In
General'' and inserting ``Alaska Native Veteran
Allotments'';
(B) by striking paragraphs (1) through (4) and
inserting the following:
``(1) Allotments.--
``(A) Eligible recipients.--Any person described in
paragraph (1) or (2) of subsection (b) shall be
eligible to receive an allotment under the Act of May
17, 1906 (34 Stat. 197, chapter 2469) (as in effect
before December 18, 1971), of not more than 2 parcels
of Federal land, the total area of which shall not
exceed 160 acres.
``(B) Filing deadline.--An allotment shall be filed
for an eligible recipient not later than 3 years after
the date on which the Secretary promulgates regulations
pursuant to section 4 of the Alaska Native Veterans
Land Allotment Equity Act.
``(2) Land available for allotments.--
``(A) In general.--Subject to subparagraph (C), an
allotment under this section shall be selected from
land that is--
``(i)(I) vacant; and
``(II) owned by the United States;
``(ii) selected by, or conveyed to, the
State of Alaska, if the State voluntarily
relinquishes or conveys to the United States
the land for the allotment; or
``(iii) selected by, or conveyed to, a
Native Corporation, if the Native Corporation
voluntarily relinquishes or conveys to the
United States the land for the allotment.
``(B) Relinquishment by native corporation.--If a
Native Corporation relinquishes land under subparagraph
(A)(iii), the Native Corporation may select appropriate
Federal land, as determined by the Secretary, the area
of which is equal to the area of the land relinquished
by the Native Corporation, to replace the relinquished
land.
``(C) Exclusions.--An allotment under this section
shall not be selected from land that is located
within--
``(i) a right-of-way of the TransAlaska
Pipeline;
``(ii) an inner or outer corridor of such a
right-of-way; or
``(iii) a unit of the National Park System,
a National Preserve, or a National Monument.
``(3) Alternative allotments.--A person described in
paragraph (1) or (2) of subsection (b) who qualifies for an
allotment under this section on land described in paragraph
(2)(C) may select an alternative allotment from land that is--
``(A) located within the boundaries of land
described in paragraph (2)(C);
``(B)(i)(I) withdrawn under section 11(a)(1)(C);
and
``(II) not selected, or relinquished after
selection, under section 11(a)(3);
``(ii) contiguous to an outer boundary of land
withdrawn under section 11(a)(1)(C); or
``(iii) vacant, unappropriated, and unreserved; and
``(C) not a unit of the National Park System, a
National Preserve, or a National Monument.''; and
(C) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) is a veteran who served during the period beginning
on August 5, 1964, and ending on May 7, 1975.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Deceased individuals.--If an individual who would
otherwise have been eligible for an allotment under this
section dies before applying for an allotment, an heir of the
individual may apply for, and receive, an allotment under this
section, on behalf of the estate of the individual.''; and
(C) in paragraph (3), by inserting before the
period at the end the following: ``, other than an heir
who applies for, and receives, an allotment on behalf
of the estate of a deceased individual under paragraph
(2)'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(4) by inserting after subsection (c) the following:
``(d) Approval of Allotments.--
``(1) In general.--Subject to any valid right in existence
on the date of enactment of the Alaska Native Veterans Land
Allotment Equity Act, and except as provided in paragraph (3),
not later than December 31, 2020, the Secretary shall--
``(A) approve any application for an allotment
filed in accordance with subsection (a); and
``(B) issue a certificate of allotment under such
terms, conditions, and restrictions as the Secretary
determines to be appropriate.
``(2) Notification.--Not later than December 31, 2017, on
receipt of an application for an allotment under this section,
the Secretary shall provide to any person or entity that has an
interest in land described in subsection (a)(2) that is
potentially adverse to the interest of the applicant a notice
of the right of the person or entity, by not later than 90 days
after the date of receipt of the notice--
``(A) to initiate a private contest of the
allotment; or
``(B) to file a protest against the allotment in
accordance with procedures established by the
Secretary.
``(3) Action by secretary.--If a private contest or protest
relating to an application for an allotment is initiated or
filed under paragraph (2), the Secretary shall not issue a
certificate for the allotment under paragraph (1)(B) until a
final determination has been made with respect to the private
contest or protest.
``(e) Reselection.--A person that selected an allotment under this
section may withdraw that selection and reselect land in accordance
with this section after the date of enactment of the Alaska Native
Veterans Land Allotment Equity Act, if the land originally selected--
``(1) was selected before the date of enactment of the
Alaska Native Veterans Land Allotment Equity Act; and
``(2) as of the date of enactment of that Act, was not
conveyed to the person.''.
SEC. 4. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall promulgate final regulations to carry
out the amendments made by this Act. | Alaska Native Veterans Land Allotment Equity Act Amends the Alaska Native Claims Settlement Act (ANCSA) to declare that any allotment application pending before the Department of the Interior on December 18, 1971, that was closed by the Department pursuant to the civil action Shields v. United States shall be reopened and considered to be approved. Revises requirements for the eligibility of Alaska Native Vietnam veterans for an allotment. Extends eligibility for allotments to veterans who served between August 5, 1964, and May 7, 1975. Allows eligible persons to file for allotments of up to two parcels of federal land (as under current law) totaling up to 160 acres. Eliminates the limitation of these allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. Allows allotments to be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or a Native Corporation, if the state or Corporation voluntarily relinquishes or conveys the land to the United States for allotment. Limits the exclusions from lands that may be selected for allotments to: (1) lands in the right-of-way of the TransAlaska Pipeline; (2) the inner or outer corridor of such a right-of-way; or (3) a unit of the National Park System, a National Preserve, or a National Monument. Allows an heir of a deceased eligible veteran, regardless of the cause of death, to apply for and receive the allotment. Permits any person who made an allotment selection under ANCSA before this Act's enactment to withdraw it and reselect lands if those originally selected were not conveyed to that person before this Act's enactment. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Expedite and Advance
Responsible Tribal Homeownership Act'' or the ``HEARTH Act''.
SEC. 2. APPROVAL OF, AND REGULATIONS RELATED TO, TRIBAL LEASES.
The first section of the Act titled ``An Act to authorize the
leasing of restricted Indian lands for public, religious, educational,
recreational, residential, business, and other purposes requiring the
grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415) is
amended as follows:
(1) In subsection (d)--
(A) by striking paragraph (2) and inserting the
following:
``(2) the term `Indian tribe' has the meaning given such
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e));'';
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``Navajo Indian'';
(ii) in subparagraph (A), by striking ``the
Navajo Nation'' and inserting ``an Indian
tribe'';
(iii) in subparagraph (B), by striking
``Navajo Indians or members of another Indian
tribe'' and inserting ``an Indian tribe or a
member of an Indian tribe''; and
(iv) in subparagraph (C)(I), by striking
``Navajo Indian'' and inserting ``member of an
Indian tribe'';
(C) in paragraph (4), by striking ``the Navajo
Nation'' and inserting ``an applicable Indian tribe'';
(D) by striking paragraph (5) and redesignating
paragraphs (6), (7), and (8) as paragraphs (5), (6),
and (7), respectively;
(E) in paragraph (5) (as redesignated), by striking
``the Navajo Nation'' and inserting ``an Indian
tribe''; and
(F) in paragraph (7) (as redesignated)--
(i) by striking ``the Navajo Nation''; and
(ii) by striking ``with Navajo Nation law''
and inserting ``with applicable tribal law''.
(2) In subsection (e)--
(A) by amending the subsection heading to read as
follows: ``Approval of Leases--Tribal Discretion.--'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``Any leases by the Navajo
Nation'' and inserting ``At the discretion of
any Indian tribe, any leases by the applicable
Indian tribe''; and
(ii) in subparagraph (B), by striking
``Navajo Nation'' and inserting ``applicable
Indian tribe'';
(C) in paragraph (2), by striking ``Navajo'';
(D) in paragraph (3)--
(i) by striking ``the regulations of the
Navajo Nation'' and inserting ``such
regulations''; and
(ii) by striking ``with the Navajo Nation''
and inserting ``with the applicable Indian
tribe'';
(E) in paragraph (4), by striking ``Navajo Nation''
each place it appears and inserting ``applicable Indian
tribe'';
(F) in paragraph (5)--
(i) by striking ``paragraph (1), including
the Navajo Nation.'' and inserting ``paragraph
(1).''; and
(ii) by striking ``to the Navajo Nation''
and inserting ``to the applicable Indian
tribe'';
(G) in paragraph (6)(A)--
(i) by striking ``of the Navajo Nation''
and inserting ``of the applicable Indian
tribe''; and
(ii) by striking ``Navajo Nation tribal''
and inserting ``tribal''; and
(H) in paragraph (6)(B), by striking ``Navajo
Nation'' both places it appears and inserting
``applicable Indian tribe''.
SEC. 3. LAND TITLE REPORTS--REVIEW AND REPORT TO CONGRESS.
Not later than 180 days after funds are made available for this
section, the Bureau of Indian Affairs shall prepare and submit to the
Committees on Financial Services and Natural Resources in the House of
Representatives and the Committees on Banking, Housing, and Urban
Affairs and Indian Affairs in the Senate a report regarding the history
and experience of Indian tribes that have chosen to assume
responsibility for operating the Indian Land Title and Records Office
(hereafter referred to as the ``LTRO'') functions from the Bureau of
Indian Affairs. In conducting the review, the Bureau of Indian Affairs
shall consult with the Department of Housing and Urban Development
Office of Native American Programs and those Indian tribes that are
managing LTRO functions (hereafter referred to as the ``managing Indian
tribes''). The review shall include an analysis of the following
factors:
(1) Whether and how tribal management of the LTRO functions
has expedited the processing and issuance of Indian land title
certifications as compared to when the Bureau of Indian Affairs
managed these programs.
(2) Whether and how tribal management of the LTRO functions
has increased home ownership among the managing Indian tribe's
population.
(3) What internal preparations and processes were required
of the managing Indian tribes prior to assuming management of
the LTRO functions.
(4) Whether tribal management of the LTRO functions
resulting in a transfer of financial resources and manpower
from the Bureau of Indian Affairs to the managing Indian tribes
and, if so, what transfers were undertaken.
(5) Whether, in appropriate circumstances and with the
approval of geographically proximate Indian tribes, the LTRO
functions may be performed by a single Indian tribe or a tribal
consortium in a cost effective manner. | Helping Expedite and Advance Responsible Tribal Homeownership Act or the HEARTH Act - Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands without the approval of the Secretary of the Interior in specified circumstances. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commemorative Events
Advisory Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the preparation and consideration of the multitude of
bills proposing particular days, weeks, months, or years for
recognition through Presidential proclamation unduly burdens
the Congress and consumes an inordinate amount of time;
(2) such proposals could be more efficiently considered by
a commission whose sole function would be to review proposals
for national commemorative events and to make positive or
negative recommendations thereon to the President;
(3) such a commission would streamline the process by which
such proposals are currently considered and save the Congress
considerable time and resources which could be devoted to
matters of more pressing national concern; and
(4) such a commission would better ensure the impartial
review of proposals for national commemorative events generated
by a wide variety of constituent groups.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP.
(a) In General.--There shall be established a commission to be
known as the ``President's Advisory Commission on National
Commemorative Events'' (hereafter in this Act referred to as the
``Commission'').
(b) Members.--The Commission shall be composed of 11 members of
whom--
(1) 2 members shall be appointed by the Speaker of the
House of Representatives, after consultation with the majority
and minority leaders of the House of Representatives;
(2) 2 members shall be appointed by the President pro
tempore of the Senate, after consultation with the majority and
minority leaders of the Senate; and
(3) 7 members shall be appointed by the President.
(c) Qualifications.--(1) All members of the Commission shall be
citizens of the United States.
(2) Members appointed under subsection (b)(3)--
(A) to the greatest extent possible, shall represent a wide
range of educational, geographical, and professional
backgrounds; and
(B) may not be Members of Congress.
(d) Terms.--(1) Except as provided in paragraph (2), each member
shall be appointed for a term of 2 years.
(2) Of the members first appointed under subsection (b)(3) the
President shall designate--
(A) 3 who shall be appointed for 1 year; and
(B) 4 who shall be appointed for 2 years.
(3) If a member was appointed to the Commission as a Member of
Congress and the member ceases to be a Member of Congress, that member
may continue as a member for not longer than the 30-day period
beginning
on the date that member ceases to be a Member of Congress.
(e) Vacancies.--A vacancy shall be filled in the manner in which
the original appointment was made. A vacancy in the Commission shall
not affect its powers. 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 such term.
(f) Chairman.--The Chairman of the Commission shall be designated
by the President from among the members under subsection (b)(3). The
term of office of the Chairman shall be 2 years.
(g) Quorum.--6 members of the Commission shall constitute a quorum.
Action by a quorum shall be necessary for the Commission to issue a
recommendation under section 6(d).
(h) Meetings.--The Commission shall meet on at least a quarterly
basis. Meetings shall be held in the District of Columbia.
(i) Pay.--(1) Except as provided in paragraph (2), each member of
the Commission shall be paid the daily equivalent of the maximum rate
of basic pay payable for grade GS-15 of the General Schedule for each
day, including traveltime, during which such member is performing
duties of the Commission.
(2) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not receive
additional pay for service on the Commission.
(j) 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 a per
diem allowance in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed travel
expenses under section 5703 of title 5 of the United States Code.
SEC. 4. STAFF.
(a) Limitation on Staff.--The Commission may not employ staff
personnel.
(b) Detail of Staff from Federal Agencies.--Any Federal employee
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold such hearings, take such testimony, and receive such
evidence, as it considers appropriate.
(b) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property, but not from a source having a
direct interest in any matter before the Commission.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(d) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Criteria.--The Commission shall establish criteria for
recommending to the President that a proposed commemorative event be
approved or disapproved.
(b) Submission of Proposals.--The Commission shall establish and
publish in the Federal Register procedures for submitting proposals for
national commemorative events to the Commission.
(c) Review of Proposals.--The Commission shall review all proposals
submitted to it in accordance with subsection (b).
(d) Recommendation to the President.--The Commission shall issue a
recommendation to the President for approval or disapproval of each
proposal submitted to it in accordance with subsection (b). Each
recommendation shall be accompanied by a brief explanation of such
recommendation.
(e) Limitation on Designation of Events.--The Commission shall not
issue a recommendation to the President for approval of an event which
commemorates--
(1) a commercial enterprise, industry, specific product, or
fraternal, political, business, labor, or sectarian
organization;
(2) a particular State or any political subdivision
thereof, city, town, county, school, or institution of higher
learning; or
(3) a living person.
(f) Nonpermanent Designations.--(1) Any day, week, month, year, or
other specified period of time designated by the Commission for
commemoration of an event may not be designated for a date or time
period which begins more than 1 year after the date such designation is
made.
(2) No event which is commemorated by a day, week, month, year, or
other specified period of time designated by the Commission may be
commemorated by another designation within a single calendar year.
SEC. 7. EFFECTIVE DATE; COMMENCEMENT AND TERMINATION PROVISIONS.
(a) Effective Date.--This Act shall take effect on January 1, 1996.
(b) Commencement; Termination.--(1) Members of the Commission shall
be appointed, and the Commission shall first meet, within 90 days after
the effective date of this Act.
(2) The Commission shall terminate 5 years after the date on which
it first meets. | National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
Prohibits the Commission from issuing a recommendation to the President for approval of an event which commemorates: (1) a commercial enterprise, industry, specific product, or fraternal, political, business, labor, or sectarian organization; (2) a particular State or any political subdivision, city, town, county, school, or institution of higher learning; or (3) a living person.
Bars: (1) the Commission from designating for commemoration of an event of any date or time period which begins more than one year after its designation date; or (2) an event which is commemorated by a specified period of time designated by the Commission from being commemorated by another designation within a single calendar year. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timely Repatriation Act''.
SEC. 2. TIMELY REPATRIATION.
(a) Listing of Countries.--Beginning on the date that is 6 months
after the date of enactment of this Act, and every 6 months thereafter,
the Secretary of Homeland Security shall publish a report including the
following:
(1) A list of the following:
(A) Countries that have refused or unreasonably
delayed repatriation of an alien who is a national of
that country since the date of enactment of this Act
and the total number of such aliens, disaggregated by
nationality.
(B) Countries that have an excessive repatriation
failure rate.
(2) A list of each country that was included under
subparagraph (B) or (C) of paragraph (1) in both the report
preceding the current report and the current report.
(b) Sanctions.--Beginning on the date that a country is included in
a list under subsection (a)(2) and ending on the date that that country
is not included in such list, that country shall be subject to the
following:
(1) The Secretary of State may not issue visas under
section 101(a)(15)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants,
personal employees, and members of their immediate families, of
the officials and employees of that country who receive
nonimmigrant status under clause (i) or (ii) of section
101(a)(15)(A) of such Act.
(2) Each 6 months thereafter that the country is included
in that list, the Secretary of State shall reduce the number of
visas available under clause (i) or (ii) of section
101(a)(15)(A) of the Immigration and Nationality Act in a
fiscal year to nationals of that country by an amount equal to
10 percent of the baseline visa number for that country. Except
as provided under section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253), the Secretary may not reduce
the number to a level below 20 percent of the baseline visa
number.
(c) Waivers.--
(1) National security waiver.--If the Secretary of State
submits to Congress a written determination that significant
national security interests of the United States require a
waiver of the sanctions under subsection (b), the Secretary may
waive any reduction below 80 percent of the baseline visa
number. The Secretary of Homeland Security may not delegate the
authority under this subsection.
(2) Temporary exigent circumstances.--If the Secretary of
State submits to Congress a written determination that
temporary exigent circumstances require a waiver of the
sanctions under subsection (b), the Secretary may waive any
reduction below 80 percent of the baseline visa number during
6-month renewable periods. The Secretary of Homeland Security
may not delegate the authority under this subsection.
(d) Exemption.--The Secretary of Homeland Security, in consultation
with the Secretary of State, may exempt a country from inclusion in a
list under subsection (a)(2) if the total number of nonrepatriations
outstanding is less than 10 for the preceding 3-year period.
(e) Unauthorized Visa Issuance.--Any visa issued in violation of
this section shall be void.
(f) Notice.--If an alien who has been convicted of a criminal
offense before a Federal or State court whose repatriation was refused
or unreasonably delayed is to be released from detention by the
Secretary of Homeland Security, the Secretary shall provide notice to
the State and local law enforcement agency for the jurisdictions in
which the alien is required to report or is to be released. When
possible, and particularly in the case of violent crime, the Secretary
shall make a reasonable effort to provide notice of such release to any
crime victims and their immediate family members.
(g) Definitions.--For purposes of this section:
(1) Refused or unreasonably delayed.--A country is deemed
to have refused or unreasonably delayed the acceptance of an
alien who is a citizen, subject, national, or resident of that
country if, not later than 90 days after receiving a request to
repatriate such alien from an official of the United States who
is authorized to make such a request, the country does not
accept the alien or issue valid travel documents.
(2) Failure rate.--The term ``failure rate'' for a period
means the percentage determined by dividing the total number of
repatriation requests for aliens who are citizens, subjects,
nationals, or residents of a country that that country refused
or unreasonably delayed during that period by the total number
of such requests during that period.
(3) Excessive repatriation failure rate.--The term
``excessive repatriation failure rate'' means, with respect to
a report under subsection (a), a failure rate greater than 10
percent for any of the following:
(A) The period of the 3 full fiscal years preceding
the date of publication of the report.
(B) The period of 1 year preceding the date of
publication of the report.
(4) Number of non-repatriations outstanding.--The term
``number of non-repatriations outstanding'' means, for a
period, the number of unique aliens whose repatriation a
country has refused or unreasonably delayed and whose
repatriation has not occurred during that period.
(5) Baseline visa number.--The term ``baseline visa
number'' means, with respect to a country, the average number
of visas issued each fiscal year to nationals of that country
under clauses (i) and (ii) of section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for
the 3 full fiscal years immediately preceding the first report
under subsection (a) in which that country is included in the
list under subsection (a)(2).
(h) GAO Report.--On the date that is 1 day after the date that the
President submits a budget under section 1105(a) of title 31, United
States Code, for fiscal year 2014, the Comptroller General of the
United States shall submit a report to Congress regarding the progress
of the Secretary of Homeland Security and the Secretary of State in
implementation of this section and in making requests to repatriate
aliens as appropriate. | Timely Repatriation Act - Directs the Secretary of Homeland Security (DHS) to publish a report every six months listing countries that have: (1) refused or unreasonably delayed repatriation of an alien who is a national of that country, and the total number of such aliens; and (2) an excessive repatriation failure rate. Directs the Secretary of Statewith respect to a listed country: (1) to not issue visas to attendants, servants, and personal employees of such country's diplomats and officials/employees; and (2) reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed. Authorizes the Secretary of Homeland Security to exempt a country from inclusion if the total number of nonrepatriations outstanding is less than 10% for the preceding 3-year period. | billsum_train |
Change the following text into a summary: TITLE I--SHORT TITLE; TABLE OF CONTENTS
SEC. 1000. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Retirement Savings
and Security Act''.
(b) Table of Contents.--
TITLE I--SHORT TITLE; TABLE OF CONTENTS
Sec. 1000. Short title; table of contents.
TITLE II--ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR
FEDERAL EMPLOYEES
Sec. 2001. Immediate participation in the Thrift Savings Plan for
Federal employees.
Sec. 2002. Deferred annuities for surviving spouses of Federal
employees.
Sec. 2003. Payment of lump-sum credit for former spouses of Federal
employees.
TITLE II--ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR
FEDERAL EMPLOYEES
SEC. 2001. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN FOR
FEDERAL EMPLOYEES.
(a) Elimination of Certain Waiting Periods for Purposes of Employee
Contributions.--Paragraph (4) of section 8432(b) of title 5, United
States Code, is amended to read as follows:
``(4) The Executive Director shall prescribe such regulations as
may be necessary to carry out the following:
``(A) Notwithstanding subparagraph (A) of paragraph (2), an
employee or Member described in such subparagraph shall be
afforded a reasonable opportunity to first make an election
under this subsection beginning on the date of commencing
service or, if that is not administratively feasible, beginning
on the earliest date thereafter that such an election becomes
administratively feasible, as determined by the Executive
Director.
``(B) An employee or Member described in subparagraph (B)
of paragraph (2) shall be afforded a reasonable opportunity to
first make an election under this subsection (based on the
appointment or election described in such subparagraph)
beginning on the date of commencing service pursuant to such
appointment or election or, if that is not administratively
feasible, beginning on the earliest date thereafter that such
an election becomes administratively feasible, as determined by
the Executive Director.
``(C) Notwithstanding the preceding provisions of this
paragraph, contributions under paragraphs (1) and (2) of
subsection (c) shall not be payable with respect to any pay
period before the earliest pay period for which such
contributions would otherwise be allowable under this
subsection if this paragraph had not been enacted.
``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2),
8440c(a)(2), and 8440d(a)(2) shall be applied in a manner
consistent with the purposes of subparagraphs (A) and (B), to
the extent those subparagraphs can be applied with respect
thereto.
``(E) Nothing in this paragraph shall affect paragraph
(3).''.
(b) Technical and Conforming Amendments.--(1) Section 8432(a) of
title 5, United States Code, is amended--
(A) in the first sentence by striking ``(b)(1)'' and
inserting ``(b)''; and
(B) by amending the second sentence to read as follows:
``Contributions under this subsection pursuant to such an
election shall, with respect to each pay period for which such
election remains in effect, be made in accordance with a
program of regular contributions provided in regulations
prescribed by the Executive Director.''.
(2) Section 8432(b)(1)(B) of such title is amended by inserting
``(or any election allowable by virtue of paragraph (4))'' after
``subparagraph (A)''.
(3) Section 8432(b)(3) of such title is amended by striking
``Notwithstanding paragraph (2)(A), an'' and inserting ``An''.
(4) Section 8432(i)(1)(B)(ii) of such title is amended by striking
``either elected to terminate individual contributions to the Thrift
Savings Fund within 2 months before commencing military service or''.
(5) Section 8439(a)(1) of such title is amended by inserting ``who
makes contributions or'' after ``for each individual'' and by striking
``section 8432(c)(1)'' and inserting ``section 8432''.
(6) Section 8439(c)(2) of such title is amended by adding at the
end the following: ``Nothing in this paragraph shall be considered to
limit the dissemination of information only to the times required under
the preceding sentence.''.
(7) Sections 8440a(a)(2) and 8440d(a)(2) of such title are amended
by striking all after ``subject to'' and inserting ``subject to this
chapter.''.
(c) Effective Date.--This section shall take effect 6 months after
the date of the enactment of this Act or such earlier date as the
Executive Director may by regulation prescribe.
SEC. 2002. DEFERRED ANNUITIES FOR SURVIVING SPOUSES OF FEDERAL
EMPLOYEES.
(a) In General.--Section 8341 of title 5, United States Code, is
amended--
(1) in subsection (h)(1) by striking ``section 8338(b) of
this title'' and inserting ``section 8338(b), and a former
spouse of a deceased former employee who separated from the
service with title to a deferred annuity under section 8338 (if
they were married to one another prior to the date of
separation),''; and
(2) by adding at the end the following:
``(j)(1) If a former employee dies after having separated from the
service with title to a deferred annuity under section 8338 but before
having established a valid claim for annuity, and is survived by a
spouse to whom married on the date of separation, the surviving spouse
may elect to receive--
``(A) an annuity, commencing on what would have been the
former employee's 62d birthday, equal to 55 percent of the
former employee's deferred annuity;
``(B) an annuity, commencing on the day after the date of
death of the former employee, such that, to the extent
practicable, the present value of the future payments of the
annuity would be actuarially equivalent to the present value of
the future payments under subparagraph (A) as of the day after
the former employee's death; or
``(C) the lump-sum credit, if the surviving spouse is the
individual who would be entitled to the lump-sum credit and if
such surviving spouse files application therefor.
``(2) An annuity under this subsection and the right thereto
terminate on the last day of the month before the surviving spouse
remarries before becoming 55 years of age, or dies.''.
(b) Corresponding Amendment for FERS.--Section 8445(a) of title 5,
United States Code, is amended--
(1) by striking ``(or of a former employee or'' and
inserting ``(or of a former''; and
(2) by striking ``annuity)'' and inserting ``annuity, or of
a former employee who dies after having separated from the
service with title to a deferred annuity under section 8413 but
before having established a valid claim for annuity (if such
former spouse was married to such former employee prior to the
date of separation))''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to surviving spouses and former spouses (whose
marriage, in the case of the amendments made by subsection (a),
terminated after May 6, 1985) of former employees who die after the
date of the enactment of this Act.
SEC. 2003. PAYMENT OF LUMP-SUM CREDIT FOR FORMER SPOUSES OF FEDERAL
EMPLOYEES.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 8342(c) by striking ``Lump-sum'' and
inserting ``Except as provided in section 8345(j), lump-sum'';
(2) in section 8345(j)--
(A) in paragraph (1) by inserting after ``that
individual'' the following: ``, or be made under
section 8342(d) through (f) to an individual entitled
under section 8342(c),''; and
(B) by adding at the end the following:
``(4) Any payment under this subsection to a person bars recovery
by any other person.'';
(3) in section 8424(d) by striking ``Lump-sum'' and
inserting ``Except as provided in section 8467(a), lump-sum'';
and
(4) in section 8467--
(A) in subsection (a) by inserting after ``that
individual'' the following: ``, or be made under
section 8424(e) through (g) to an individual entitled
under section 8424(d),''; and
(B) by adding at the end the following:
``(d) Any payment under this section to a person bars recovery by
any other person.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to any death occurring after the 90th day after the
date of the enactment of this Act. | TABLE OF CONTENTS:
Title I: Short Title; Table of Contents
Title II: Additional Retirement Participation and Payment
Options for Federal Employees
Retirement Savings and Security Act -
Title I: Short Title; Table of Contents
- Sets forth, for this Act: (1) the short title; and (2) the table of contents.
Title II: Additional Retirement Participation and Payment Options for Federal Employees
- Requires the Executive Director of the Federal Retirement Thrift Investment Board to prescribe regulations to allow Federal employees to be afforded a reasonable opportunity to make an election to make contributions under the Thrift Savings Plan on the date of commencing service or beginning on the earliest date thereafter that such an election becomes administratively feasible.
(Sec. 2002) Provides for a deferred annuity for a surviving former spouse of a deceased former Federal employee who separated from the service with title to a deferred annuity if such individuals were married to one another prior to the date of separation.
Provides for a surviving spouse to elect to receive a certain deferred annuity if a former employee dies after having separated from the service with title to a deferred annuity but before having established a valid claim for annuity.
(Sec. 2003) Revises provisions concerning the payment of a lump sum to a former spouse of a Federal employee. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Products Safe Testing
Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that--
(1) nonanimal acute toxicity tests have been developed in
recent years that have shown a level of reliability sufficient
for the reduction or replacement of animal acute toxicity tests
such as the Draize test for many products regulated by the
Federal Government;
(2) many manufacturers have found nonanimal acute toxicity
tests to be adequate for evaluating the safety of products for
the purposes of complying with Federal regulations or
guidelines;
(3) the Federal Government has discouraged the use of these
alternatives through regulations that mandate or encourage the
use of animal acute toxicity tests, or by not prescribing
other, less costly, more accurate and humane alternatives;
(4) many manufacturers are reluctant to use nonanimal tests
without encouragement from the Federal Government; and
(5) private industry and the consumer will benefit from the
promotion of alternative methods of testing when these
alternatives are as accurate and more humane than animal tests.
(b) Policy.--Federal departments and agencies shall encourage the
development and use of product testing procedures that accurately
reflect the acute health effects on humans of certain products,
including consumer products and products containing hazardous or toxic
substances, but which do not rely upon animals.
SEC. 3. FEDERAL ACTION.
(a) Review of Regulations, Guidelines, or Recommendations
Concerning the Draize Test and Other Animal Acute Toxicity Tests.--Not
later than one year after the date of enactment of this Act, each
Federal department or agency head shall--
(1) review and evaluate any regulation, guideline, or
recommendation issued by that department or agency which
requires, recommends, or encourages the use of the Draize or
other animal acute toxicity test for the purpose of evaluation
of the safety of a regulated product;
(2) review and evaluate nonanimal alternatives with the
potential for partial or full replacement of the Draize or
other animal acute toxicity test for some or all of the
products regulated; and
(3) promulgate regulations, guidelines, or recommendations
that specify a nonanimal acute toxicity test or battery of
tests should be used instead of an animal acute toxicity test
unless that Federal department or agency head determines that
the nonanimal acute toxicity test or battery of such tests is
less likely to predict the acute health effects on humans of a
product than the animal acute toxicity test.
(b) Animal Acute Toxicity Tests.--If a determination is made that
no nonanimal acute toxicity test or battery of tests is as likely to
predict the human reaction to the regulated product as the Draize or
other animal acute toxicity test, the appropriate Federal department or
agency head shall publish in the Federal Register an explanation of all
options considered and the justification for continuing the animal
acute toxicity test, which shall be subject to public comment.
(c) Periodic Review of Animal Acute Toxicity Testing Regulations.--
At least every 2 years (beginning 3 years after the date of enactment
of this Act), each Federal department or agency head, after considering
the most recent technological advances available, shall determine
whether continued use of any animal acute toxicity test is justified.
If a Federal department or agency head determines that such use is
justified, then that Federal department or agency head shall publish an
explanation and justification of such continued use in the Federal
Register, which shall be subject to public comment.
SEC. 4. APPLICATION.
This Act shall not apply to regulations, guidelines, or
recommendations related to medical research.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Animal.--The term ``animal'' means any vertebrate.
(2) Animal acute toxicity test.--The term ``animal acute
toxicity test'' means an acute toxicity test on animals,
including (but not limited to) the Draize eye or skin irritancy
test, LD-50 test, approximate lethal dose test, and the limit
test.
(3) Federal department or agency head.--The term ``Federal
department or agency head'' means the head of a Federal
department or agency who--
(A) has authority to promulgate regulations,
guidelines, and recommendations with respect to
procedures to be used in the safety testing by
manufacturers of products, including consumer products,
veterinary products, and products containing hazardous
or toxic substances; or
(B) licenses or approves products, labeling
requirements or the transportation of products based on
the results of these tests.
(4) Medical research.--The term ``medical research'' means
research related to the causes, diagnosis, treatment, or
control of physical or mental impairments of humans or animals.
The term does not include the testing of a product to determine
its toxicity for the purpose of complying with protocols,
recommendations, or guidelines for testing required,
recommended, or accepted by a Federal regulatory agency for a
product introduced in commerce.
(5) Nonanimal acute toxicity test.--The term ``nonanimal
acute toxicity test'' means an acute toxicity test not
conducted on animals. Such tests include (but are not limited
to) cell culture, computer modeling, protein alteration, and
chorioallantoic membrane techniques. | Consumer Products Safe Testing Act - Requires each Federal department or agency (department) head to: (1) evaluate any regulation, guideline, or recommendation issued by that department which requires, recommends, or encourages the use of the Draize or other animal acute toxicity test (animal test) to evaluate the safety of a regulated product; (2) evaluate nonanimal alternatives with the potential for partial or full replacement of such test; and (3) promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests that should be used instead of an animal test unless the nonanimal test is less likely to predict the acute health effects of a product on humans.
Directs the appropriate Federal department, if a determination is made that no nonanimal test is as likely to predict the human reaction to the regulated product as the animal test, to publish in the Federal Register an explanation of all options considered and the justification for continuing the animal test, which shall be subject to public comment.
Requires each Federal department head, at least every two years (beginning three years after this Act's enactment date), after considering the most recent technological advances available, to determine whether continued use of any animal test is justified (and if the department head determines that such use is justified, such head shall publish an explanation and justification for such continued use in the Federal Register, which shall be subject to public comment).
Makes this Act inapplicable to regulations, guidelines, or recommendations related to medical research. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Neurotechnology Initiative
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) While the field of neuroscience is highly advanced, our
understanding of how the brain works still has many gaps and
our ability to repair damage remains limited.
(2) Nearly 100,000,000 Americans suffer from a brain or
nervous system disease, injury, or disorder, and the national
economic burden of such brain-related illnesses has reached
over $1,000,000,000,000 per year and is growing alarmingly due
to an aging population.
(3) Critical unmet medical needs exist in almost every area
of the brain and nervous system, including Alzheimer's disease,
addiction, anxiety, chronic pain, depression, epilepsy, hearing
loss, multiple sclerosis, obesity, Parkinson's disease,
schizophrenia, sleep, spinal cord injury, stroke, traumatic
brain injury, and more.
(4) While the science of the brain is moving forward more
rapidly than any other science today, we must ensure these
discoveries quickly become tools to improve the human
condition.
(5) Neurotechnology holds the potential to transform nearly
every aspect of our lives from medicine to defense to education
to computing, as well as our conception of the human mind.
(6) A global race is underway to determine the country that
will lead the neurotechnology economy, which will have long-
lasting implications on employment, infrastructure development,
and regional competitiveness.
(7) Federal leadership is needed to accelerate and
coordinate the development of neurotechnology and bring the
benefits to those in need across the Nation.
(8) Therefore, it is in the national interest for the
Federal Government to increase investment and interagency
coordination of Federal neurotechnology research, development,
and commercialization programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Initiative.--The term ``Initiative'' means the National
Neurotechnology Initiative implemented under section 4.
(2) Neurotechnology.--The term ``neurotechnology'' means
the science and technology that allows an individual to
analyze, understand, treat, and heal the brain and nervous
system.
(3) Qualified staff.--The term ``qualified staff'' means a
Food and Drug Administration employee who has academic training
or significant experience in neurotechnology or related fields,
or who has satisfactorily completed a Food and Drug
Administration neuroscience training course.
(4) Related fields.--The term ``related fields'' means
neuroscience, neuromedicine, cognitive science, behavioral
psychology, neuropharmacology, neuropsychiatry, neuroimaging,
neuroregeneration, neurorehabilitation, neuromodulation,
neurostimulation, biomedical engineering, bioengineering,
molecular biology, computer science, robotics, and such other
fields as the Director of the National Neurotechnology
Coordinating Office determines to be related to
neurotechnology.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Translational.--The term ``translational'' means
relating to research that is focused on converting laboratory
findings into patient treatments.
SEC. 4. NATIONAL NEUROTECHNOLOGY INITIATIVE.
(a) In General.--The Secretary shall implement a National
Neurotechnology Initiative under which, acting through appropriate
agencies, councils, and the National Neurotechnology Coordination
Office established pursuant to section 5, the Secretary shall--
(1) establish goals, priorities, and metrics for evaluation
for Federal neurotechnology research, development,
commercialization, and other activities;
(2) increase the investment in Federal research,
development, and translational programs in neurotechnology, and
related fields as appropriate, to achieve the goals described
in paragraph (1); and
(3) increase interagency coordination of Federal
neurotechnology research, development, and other activities
undertaken pursuant to the Initiative.
(b) Areas of Concentration.--The Initiative shall--
(1) coordinate, support, and extend the neurotechnology-
related activities of the National Institutes of Health and the
work of the Blueprint for Neuroscience Research developed under
section 6(a);
(2) coordinate and promote neuroscience small business
innovation research programs;
(3) facilitate testing and evaluation of advances in
neuromedicine, including drugs, diagnostics, and devices; and
(4) coordinate and promote the study of the social,
ethical, and legal aspects of neurotechnology.
SEC. 5. COORDINATION.
(a) In General.--The Secretary shall establish a National
Neurotechnology Coordination Office, to be headed by a director to be
appointed by the Secretary, that shall--
(1) coordinate Federal neurotechnology activities among the
Department of Health and Human Services, the National
Institutes of Health, the Food and Drug Administration, the
Department of Defense, the Department of Veterans Affairs, and
other Federal agencies;
(2) serve as the point of contact on Federal
neurotechnology activities for academia, industry, professional
societies, State neurotechnology programs, interested citizen
groups, and others to facilitate the exchange of technical and
programmatic information;
(3) conduct public outreach, including dissemination of
findings and recommendations of the National Neurotechnology
Advisory Council established under subsection (c), as
appropriate;
(4) promote access to, and the early application of, the
technologies, innovations, and expertise derived from
activities conducted under the Initiative by agencies and
systems across the Federal Government, and by United States
industry, including start-up companies; and
(5) provide technical and administrative support to the
National Neurotechnology Advisory Council.
(b) Report.--The Director of the National Neurotechnology
Coordination Office shall annually submit to the Secretary a report on
the status of the Initiative. Such reports shall contain the results of
an evaluation of the effectiveness of the Initiative in the year for
which the report is being prepared and the goals and benchmarks for the
following year. The Secretary shall transmit a copy of each report
under this subsection to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(c) Advisory Council.--
(1) In general.--The Secretary shall establish, or
designate an existing entity as, a National Neurotechnology
Advisory Council.
(2) Qualifications.--
(A) In general.--The Advisory Council shall consist
primarily of members from academic institutions, not-
for-profit organizations, and industry.
(B) Requirements.--Members of the Advisory Council
shall be qualified to provide advice and information on
neurotechnology research, development, demonstrations,
education, technology transfer, commercial application,
delivery, access, or ethical, legal, and social issues
related to neurotechnology.
(C) Recommendations.--In appointing members to, or
designating an entity as, an Advisory Council, the
Secretary may seek and give consideration to
recommendations from the Congress, industry, the
scientific and medical communities (including the
National Academy of Sciences, scientific and medical
professional societies, not-for-profit organizations,
and academia), the defense community, State and local
governments, regional neurotechnology programs, and
other appropriate organizations.
(3) Duties.--The Advisory Council shall provide advice to
the Director of the National Neurotechnology Coordination
Office on matters relating to the Initiative, including
assessing--
(A) trends and developments in neurotechnology and
related fields;
(B) progress made in implementing the Initiative;
(C) the need to revise the Initiative;
(D) the balance among the components of the
Initiative, including funding levels for the program
component areas;
(E) whether the program component areas,
priorities, and technical goals developed by the
Council are helping to maintain United States
leadership in neurotechnology and related fields;
(F) the management, coordination, implementation,
and activities of the Initiative; and
(G) whether ethical, legal, and social issues are
adequately addressed by the Initiative.
(d) Authorization of Appropriations.--
(1) Office.--There is authorized to be appropriated to
carry out subsections (a) and (b) $4,000,000 for each of fiscal
years 2009, 2010, 2011, and 2012.
(2) Advisory council.--There is authorized to be
appropriated to carry out subsection (c) $1,000,000 for each of
fiscal years 2009, 2010, 2011, and 2012.
SEC. 6. PROGRAMS RELATED TO THE NATIONAL INSTITUTES OF HEALTH.
(a) Blueprint for Neuroscience Research.--The Director of the
National Institutes of Health shall develop a program or designate an
existing program, to be known as the Blueprint for Neuroscience
Research, for collaboration among the institutes, centers, and offices
of the National Institutes of Health that support neuroscience research
within the National Institutes of Health. Such program shall--
(1) identify pervasive challenges in neuroscience and any
technological barriers to solving such challenges; and
(2) support the development of new tools, training
opportunities, and other resources to assist neuroscientists in
both basic and clinical research.
(b) Small Business Innovation Research.--In carrying out their
duties under the Small Business Innovation Research Program, the
directors of each of the institutes of the National Institutes of
Health shall--
(1) where appropriate, give high priority to small business
concerns that participate in or conduct neurotechnology
research and development projects; and
(2) annually report to the Director of the National
Neurotechnology Coordination Office concerning the percentage
of Small Business Innovation Research funding being used for
such projects.
(c) Small Business Technology Transfer.--In carrying out their
duties under the Small Business Technology Transfer Program, the
directors of each of the institutes of the National Institutes of
Health shall--
(1) where appropriate, give high priority to small business
concerns that participate in or conduct neurotechnology
research and development projects; and
(2) annually report to the Director of the National
Neurotechnology Coordination Office concerning the percentage
of Small Business Technology Transfer funding being used for
such projects.
(d) Authorization of Appropriations.--
(1) Blueprint for neuroscience research.--There are
authorized to be appropriated to carry out subsection (a)--
(A) $80,000,000 for fiscal year 2009;
(B) $88,000,000 for fiscal year 2010;
(C) $96,800,000 for fiscal year 2011; and
(D) $106,480,000 for fiscal year 2012.
(2) Small business innovation research and small business
technology transfer.--
(A) In general.--There are authorized to be
appropriated to carry out subsections (b) and (c)--
(i) $75,000,000 for fiscal year 2009;
(ii) $82,500,000 for fiscal year 2010;
(iii) $90,750,000 for fiscal year 2011; and
(iv) $99,825,000 for fiscal year 2012.
(B) Limitation.--None of the funding authorized by
this paragraph may be counted toward the expenditure
amounts required by subsections (f) and (n) of section
9 of the Small Business Act (15 U.S.C. 638).
SEC. 7. PROGRAMS RELATED TO THE FOOD AND DRUG ADMINISTRATION.
(a) FDA Review.--The Commissioner of Food and Drugs shall direct
the Director of the Center for Drug Evaluation and Research, the
Director of the Center for Biologics Evaluation and Research, and the
Director of the Center for Devices and Radiological Health to improve
the timeliness of the review process for neurology and psychiatry by--
(1) increasing, through recruitment and training, the
number of qualified staff within such Centers; and
(2) improving the processes for creating guidelines with
respect to neurology and psychiatry and communicating those
guidelines to industry.
(b) Neurotechnology Standards Workgroups.--The Commissioner of Food
and Drugs shall sponsor workgroups including academic and industry
representatives to develop standards for preclinical testing and
clinical trial endpoints for emerging brain and nervous system
indications for which clear and achievable standards do not otherwise
exist on the date of the enactment of this Act.
(c) Authorization of Appropriations.--
(1) FDA review.--There are authorized to be appropriated to
carry out subsection (a)--
(A) $26,000,000 for fiscal year 2009;
(B) $28,600,000 for fiscal year 2010;
(C) $31,460,000 for fiscal year 2011; and
(D) $34,606,000 for fiscal year 2012.
(2) Neurotechnology standards workgroups.--There is
authorized to be appropriated to carry out subsection (b)
$4,000,000 for each of fiscal years 2009, 2010, 2011, and 2012.
SEC. 8. PROGRAMS RELATED TO ETHICAL, LEGAL, AND SOCIAL ISSUES.
(a) American Neurotechnology Study Center.--The Director of the
National Neurotechnology Coordination Office shall--
(1) provide for the establishment, on a merit-reviewed and
competitive basis, of an American Neurotechnology Study Center
that shall--
(A) establish a research program to identify
ethical, legal, and social issues related to
neurotechnology and related fields, and ensure that the
results of such research are widely disseminated; and
(B) conduct, coordinate, collect, and disseminate
studies on such issues; and
(2) provide for public input and outreach to be integrated
into the Initiative by the convening of regular and ongoing
public discussions, through mechanisms such as citizens'
panels, consensus conferences, and educational events, as
appropriate.
(b) Study on the Responsible Development of Neurotechnology.--The
American Neurotechnology Study Center established under subsection (a)
shall conduct a study to assess the need for standards, guidelines, or
strategies for ensuring the responsible development of neurotechnology,
including--
(1) the safety of use of brain interface devices;
(2) human subject guidelines for research and development
of neurotechnology;
(3) the use of neurotechnology in the enhancement of human
intelligence;
(4) the development of defensive technologies relating to
neurotechnology;
(5) the use of neurotechnology in developing artificial
intelligence;
(6) the potential to ease the health care burden through
use of neurotechnology; and
(7) the development of appropriate ethical standards and
guidelines for research and development in neurotechnology.
(c) Study on the Economic Impact of Neurotechnology.--The Director
of the National Neurotechnology Coordination Office shall, on a merit-
reviewed and competitive basis, provide for the conduct of an annual
study to assess the need for analyses, programs, reports, or strategies
for ensuring the development of neurotechnology, including analyzing--
(1) the economic burden of brain and nervous system
disorders and illness;
(2) the economic growth potential of neurotechnology;
(3) national and regional neurotechnology assets; and
(4) global neurotechnology assets.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out subsection (a) and (b) $8,000,000 for each of fiscal
years 2009, 2010, 2011, and 2012.
(2) Study on the responsible development of
neurotechnology.--There is authorized to be appropriated to
carry out subsection (c) $2,000,000 for each of fiscal years
2009, 2010, 2011, and 2012.
(3) Limitation.--No more than $250,000 per fiscal year
shall be used to carry out subsection (a)(2). | National Neurotechnology Initiative Act - Defines "neurotechnology" to mean the science and technology that allows an individual to analyze, understand, treat, and heal the brain and nervous system.
Requires the Secretary of Health and Human Services to implement a National Neurotechnology Initiative, under which the Secretary shall: (1) establish goals, priorities, and metrics for evaluation for federal neurotechnology research, development, and commercialization; (2) increase the investment in federal research, development, and translational programs in neurotechnology to achieve such goals; and (3) increase interagency coordination.
Requires the Secretary to establish the National Neurotechnology Coordination Office and the National Neurotechnology Advisory Council.
Requires the Director of the National Institutes of Health (NIH) to develop the Blueprint for Neuroscience Research to: (1) identify pervasive challenges in neuroscience and any technological barriers to solving such challenges; and (2) support the development of new tools, training opportunities, and other resources to assist neuroscientists in basic and clinical research.
Directs the Commissioner of Food and Drugs to require the Directors of the Center for Drug Evaluation and Research, the Center for Biologics Evaluation and Research, and the Center for Devices and Radiological Health to improve the timelines of the review process for neurology and psychiatry.
Requires the Director of the National Neurotechnology Coordination Office to establish the American Neurotechnology Study Center. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``USERRA Amendments Act of 1998''.
SEC. 2. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE AS AN EMPLOYER.
(a) In General.--Section 4323 of title 38, United States Code, is
amended to read as follows:
``Sec. 4323. Enforcement of rights with respect to a State or private
employer
``(a) Action for Relief.--(1) A person who receives from the
Secretary a notification pursuant to section 4322(e) of this title of
an unsuccessful effort to resolve a complaint relating to a State (as
an employer) or a private employer may request that the Secretary refer
the complaint to the Attorney General. If the Attorney General is
reasonably satisfied that the person on whose behalf the complaint is
referred is entitled to the rights or benefits sought, the Attorney
General may appear on behalf of, and act as attorney for, the person on
whose behalf the complaint is submitted and commence an action for
relief under this chapter for such person. In the case of such an
action against a State (as an employer), the action shall be brought in
the name of the United States as the plaintiff in the action.
``(2) A person may commence an action for relief with respect to a
complaint against a State (as an employer) or a private employer if the
person--
``(A) has chosen not to apply to the Secretary for
assistance under section 4322(a) of this title;
``(B) has chosen not to request that the Secretary refer
the complaint to the Attorney General under paragraph (1); or
``(C) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(b) Jurisdiction.--(1) In the case of an action against a State
(as an employer) or a private employer commenced by the United States,
the district courts of the United States shall have jurisdiction over
the action.
``(2) In the case of an action against a State (as an employer) by
a person, the action may be brought in a State court of competent
jurisdiction in accordance with the laws of the State.
``(3) In the case of an action against a private employer by a
person, the district courts of the United States shall have
jurisdiction of the action.
``(c) Venue.--(1) In the case of an action by the United States
against a State (as an employer), the action may proceed in the United
States district court for any district in which the State exercises any
authority or carries out any function.
``(2) In the case of an action against a private employer, the
action may proceed in the United States district court for any district
in which the private employer of the person maintains a place of
business.
``(d) Remedies.--(1) In any action under this section, the court
may award relief as follows:
``(A) The court may require the employer to comply with the
provisions of this chapter.
``(B) The court may require the employer to compensate the
person for any loss of wages or benefits suffered by reason of
such employer's failure to comply with the provisions of this
chapter.
``(C) The court may require the employer to pay the person
an amount equal to the amount referred to in subparagraph (B)
as liquidated damages, if the court determines that the
employer's failure to comply with the provisions of this
chapter was willful.
``(2)(A) Any compensation awarded under subparagraph (B) or (C) of
paragraph (1) shall be in addition to, and shall not diminish, any of
the other rights and benefits provided for under this chapter.
``(B) In the case of an action commenced in the name of the United
States for which the relief includes compensation awarded under
subparagraph (B) or (C) of paragraph (1), such compensation shall be
held in a special deposit account and shall be paid, on order of the
Attorney General, directly to the person. If the compensation is not
paid to the person because of inability to do so within a period of
three years, the compensation shall be covered into the Treasury of the
United States as miscellaneous receipts.
``(3) A State shall be subject to the same remedies, including
prejudgment interest, as may be imposed upon any private employer under
this section.
``(e) Equity Powers.--The court may use its full equity powers,
including temporary or permanent injunctions, temporary restraining
orders, and contempt orders, to vindicate fully the rights or benefits
of persons under this chapter.
``(f) Standing.--An action under this chapter may be initiated only
by a person claiming rights or benefits under this chapter under
subsection (a) or by the United States under subsection (a)(1).
``(g) Respondent.--In any action under this chapter, only an
employer or a potential employer, as the case may be, shall be a
necessary party respondent.
``(h) Fees, Court Costs.--(1) No fees or court costs may be charged
or taxed against any person claiming rights under this chapter.
``(2) In any action or proceeding to enforce a provision of this
chapter by a person under subsection (a)(2) who obtained private
counsel for such action or proceeding, the court may award any such
person who prevails in such action or proceeding reasonable attorney
fees, expert witness fees, and other litigation expenses.
``(i) Inapplicability of State Statute of Limitations.--No State
statute of limitations shall apply to any proceeding under this
chapter.
``(j) Definition.--In this section, the term `private employer'
includes a political subdivision of a State.''.
(b) Effective Date.--(1) Section 4323 of title 38, United States
Code, as amended by subsection (a), shall apply to actions commenced
under chapter 43 of such title on or after the date of the enactment of
this Act, and shall apply to actions commenced under such chapter
before the date of the enactment of this Act that are not final on the
date of the enactment of this Act, without regard to when the cause of
action accrued.
(2) In the case of any such action against a State (as an employer)
in which a person, on the day before the date of the enactment of this
Act, is represented by the Attorney General under section 4323(a)(1) of
such title as in effect on such day, the court shall upon motion of the
Attorney General, substitute the United States as the plaintiff in the
action pursuant to such section as amended by subsection (a).
SEC. 3. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Definition of Employee.--Section 4303(3) of title 38, United
States Code, is amended by adding at the end the following: ``Such term
includes any person who is a citizen, national, or permanent resident
alien of the United States employed in a workplace in a foreign country
by an employer that is an entity incorporated or otherwise organized in
the United States or that is controlled by an entity organized in the
United States, within the meaning of section 4319(c) of this title.''.
(b) Foreign Countries.--Subchapter II of chapter 43 of such title
is amended by inserting after section 4318 the following new section:
``Sec. 4319. Employment and reemployment rights in foreign countries
``(a) Liability of Controlling United States Employer of Foreign
Entity.--If an employer controls an entity that is incorporated or
otherwise organized in a foreign country, any denial of employment,
reemployment, or benefit by such entity shall be presumed to be by such
employer.
``(b) Inapplicability to Foreign Employer.--This subchapter does
not apply to foreign operations of an employer that is a foreign person
not controlled by an United States employer.
``(c) Determination of Controlling Employer.--For the purpose of
this section, the determination of whether an employer controls an
entity shall be based upon the interrelations of operations, common
management, centralized control of labor relations, and common
ownership or financial control of the employer and the entity.
``(d) Exemption.--Notwithstanding any other provision of this
subchapter, an employer, or an entity controlled by an employer, may--
``(1) discriminate within the meaning of section 4311 of
this title;
``(2) deny reemployment rights within the meaning of
section 4312, 4313, 4314, or 4315 of this title; or
``(3) deny benefits within the meaning of section 4316,
4317, or 4318 of this title,
with respect to an employee in a workplace in a foreign country, if
compliance with any such section would cause such employer, or such
entity controlled by an employer, to violate the law of the foreign
country in which the workplace is located.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 43 of such title is amended by inserting after the item
relating to section 4318 the following new item:
``4319. Employment and reemployment rights in foreign countries.''.
(d) Effective Date.--The amendments made by this section shall
apply only with respect to conduct occurring after the date of the
enactment of this Act.
SEC. 4. COMPLAINTS RELATING TO REEMPLOYMENT OF MEMBERS OF THE UNIFORMED
SERVICES IN FEDERAL SERVICE.
(a) In General.--The first sentence of paragraph (1) of section
4324(c) of title 38, United States Code, is amended by inserting before
the period at the end the following: ``, without regard as to whether
the complaint accrued before, on, or after October 13, 1994''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to all complaints filed with the Merit Systems Protection Board
on or after October 13, 1994.
Passed the House of Representatives March 24, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | USERRA Amendments Act of 1998 - Allows a veteran claiming to be entitled to employment or reemployment rights with a State or private employer to request the Secretary of Labor to refer such claim to the Attorney General (current law) in the case of an unsuccessful effort to resolve such claim through the Secretary. Empowers U.S. district courts to hear cases commenced against a State or private employer by the United States on behalf of such veterans, or against a private employer by a person. Requires direct payment to the veteran of any claim compensation which is considered lost wages or benefits or liquidated damages.
Includes within the definition of "employee," for purposes of employment and reemployment rights, any person who is a citizen, national, or permanent resident alien of the United States employed in a foreign workplace by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States.
Provides that if a U.S. employer controls a foreign entity, then any denial of employment, reemployment, or benefits by such foreign entity shall be presumed to be by such employer. Provides an exception when employer compliance would violate the law of the foreign country in which the workplace is located.
Authorizes a veteran claiming employment or reemployment rights to request the Secretary to refer such complaint to the Merit Systems Protection Board (current law), without regard to whether such complaint accrued before, on, or after October 13, 1994 (the effective date of such provision). | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosthetics Parity Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) There are more than 1,800,000 people in the United
States living with limb loss.
(2) Every year, there are more than 130,000 people in the
United States who undergo amputation procedures.
(3) In addition, United States military personnel serving
in Iraq and Afghanistan and around the world have sustained
traumatic injuries resulting in amputation.
(4) The number of amputations in the United States is
projected to increase in the years ahead due to the rising
incidence of diabetes and other chronic illness.
(5) Those suffering from limb loss can and want to regain
their lives as productive members of society.
(6) Prosthetic devices enable amputees to continue working
and living productive lives.
(7) Insurance companies have begun to limit reimbursement
of prosthetic equipment costs to unrealistic levels or not at
all and often restrict coverage over an individual's lifetime,
which shifts costs onto the Medicare and Medicaid programs.
(8) Eleven States have addressed this problem and have
prosthetic parity legislation.
(9) Prosthetic parity legislation has been introduced and
is being actively considered in 30 States.
(10) The States in which prosthetic parity laws have been
enacted have found there to be minimal or no increases in
insurance premiums and have reduced Medicare and Medicaid
costs.
(11) Prosthetic parity legislation will not add to the size
of government or to the costs associated with the Medicare and
Medicaid programs.
(12) If coverage for prosthetic devices and components are
offered by a group health insurance policy, then providing such
coverage of prosthetic devices on par with other medical and
surgical benefits will not increase the incidence of
amputations or the number of individuals for which a prosthetic
device would be medically necessary and appropriate.
(13) In States where prosthetic parity legislation has been
enacted, amputees are able to return to a productive life,
State funds have been saved, and the health insurance industry
has continued to prosper.
(14) Prosthetic services allow people to return more
quickly to their preexisting work.
(b) Purpose.--It is te purpose of this Act to require that each
group health plan that provides both coverage for prosthetic devices
and components and medical and surgical benefits, provide such coverage
under terms and conditions that are no less favorable that the terms
and conditions under which such benefits are provided for other
benefits under such plan.
SEC. 3. PROSTHETICS PARITY.
(a) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:
``SEC. 714. PROSTHETICS PARITY.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with a group health plan) that
provides both medical and surgical benefits for prosthetic devices and
components (as defined under subsection (d)(1))--
``(1) such benefits for prosthetic devices and components
under the plan (or coverage) shall be provided under terms and
conditions that are no less favorable than the terms and
conditions applicable to substantially all medical and surgical
benefits provided under the plan (or coverage);
``(2) such benefits for prosthetic devices and components
under the plan (or coverage) may not be subject to separate
financial requirements (as defined in subsection (d)(2)) that
are applicable only with respect to such benefits, and any
financial requirements applicable to such benefits shall be no
more restrictive than the financial requirements applicable to
substantially all medical and surgical benefits provided under
the plan (or coverage); and
``(3) any treatment limitations (as defined in subsection
(d)(3)) applicable to such benefits for prosthetic devices and
components under the plan (or coverage) may not be more
restrictive than the treatment limitations applicable to
substantially all medical and surgical benefits provided under
the plan ( or coverage).
``(b) In Network and Out-of-Network Standards.--
``(1) In general.--In the case of a group health plan (or
health insurance coverage offered in connection with a group
health plan) that provides both medical and surgical benefits
and benefits for prosthetic devices and components, and that
provides both in-network benefits for prosthetic devices and
components and out-of-network benefits for prosthetic devices
and components, the requirements of this section shall apply
separately with respect to benefits under the plan (or
coverage) on an in-network basis and benefits provided under
the plan (or coverage) on an out-of-network basis.
``(2) Clarification.--Nothing in paragraph (1) shall be
construed as requiring that a group health plan (or health
insurance coverage offered in connection with a group health
plan) eliminate an out-of-network provider option from such
plan (or coverage) pursuant to the terms of the plan (or
coverage).
``(c) Additional Requirements.--
``(1) Prior authorization.--In the case of a group health
plan (or health insurance coverage offered in connection with a
group health plan) that requires, as a condition of coverage or
payment for prosthetic devices and components under the plan
(or coverage), prior authorization, such prior authorization
must be required in the same manner as prior authorization is
required by the plan (or coverage) as a condition of coverage
or payment for all similar benefits provided under the plan (or
coverage).
``(2) Limitation on mandated benefits.--Coverage for
required benefits for prosthetic devices and components under
this section shall be limited to coverage of the most
appropriate device or component model that adequately meets the
medical requirements of the patient, as determined by the
treating physician of the patient involved.
``(3) Coverage for repair or replacement.--Benefits for
prosthetic devices and components required under this section
shall include coverage for the repair or replacement of
prosthetic devices and components, if the repair or replacement
is determined appropriate by the treating physician of the
patient involved.
``(4) Annual or lifetime dollar limitations.--A group
health plan (or health insurance coverage offered in connection
with a group health plan) shall not impose any annual or
lifetime dollar limitation on benefits for prosthetic devices
and components required to be covered under this section unless
such limitation applies in the aggregate to all medical and
surgical benefits provided under the plan (or coverage) and
benefits for prosthetic devices components.
``(d) Definitions.--In this section:
``(1) Prosthetic devices and components.--The term
`prosthetic devices and components' means those devices and
components that may be used to replace, in whole or in part, an
arm or leg, as well as the services required to do so and
includes external breast prostheses incident to mastectomy
resulting from breast cancer.
``(2) Financial requirements.--The term `financial
requirements' includes deductibles, coinsurance, co-payments,
other cost sharing, and limitations on the total amount that
may be paid by a participant or beneficiary with respect to
benefits under the plan or health insurance coverage and also
includes the application of annual and lifetime limits.
``(3) Treatment limitations.--The term `treatment
limitations' includes limits on the frequency of treatment,
number of visits, days of coverage, or other similar limits on
the scope or duration of treatment.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section 713 the
following:
``Sec. 714. Prosthetics parity.''.
(b) PHSA.--Subpart 2 of part A of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end
the following:
``SEC. 2707. PROSTHETICS PARITY.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with a group health plan) that
provides both medical and surgical benefits for prosthetic devices and
components (as defined under subsection (d)(1))--
``(1) such benefits for prosthetic devices and components
under the plan (or coverage) shall be provided under terms and
conditions that are no less favorable than the terms and
conditions applicable to substantially all medical and surgical
benefits provided under the plan (or coverage);
``(2) such benefits for prosthetic devices and components
under the plan (or coverage) may not be subject to separate
financial requirements (as defined in subsection (d)(2)) that
are applicable only with respect to such benefits, and any
financial requirements applicable to such benefits shall be no
more restrictive than the financial requirements applicable to
substantially all medical and surgical benefits provided under
the plan (or coverage); and
``(3) any treatment limitations (as defined in subsection
(d)(3)) applicable to such benefits for prosthetic devices and
components under the plan (or coverage) may not be more
restrictive than the treatment limitations applicable to
substantially all medical and surgical benefits provided under
the plan ( or coverage).
``(b) In Network and Out-of-Network Standards.--
``(1) In general.--In the case of a group health plan (or
health insurance coverage offered in connection with a group
health plan) that provides both medical and surgical benefits
and benefits for prosthetic devices and components, and that
provides both in-network benefits for prosthetic devices and
components and out-of-network benefits for prosthetic devices
and components, the requirements of this section shall apply
separately with respect to benefits under the plan (or
coverage) on an in-network basis and benefits provided under
the plan (or coverage) on an out-of-network basis.
``(2) Clarification.--Nothing in paragraph (1) shall be
construed as requiring that a group health plan (or health
insurance coverage offered in connection with a group health
plan) eliminate an out-of-network provider option from such
plan (or coverage) pursuant to the terms of the plan (or
coverage).
``(c) Additional Requirements.--
``(1) Prior authorization.--In the case of a group health
plan (or health insurance coverage offered in connection with a
group health plan) that requires, as a condition of coverage or
payment for prosthetic devices and components under the plan
(or coverage), prior authorization, such prior authorization
must be required in the same manner as prior authorization is
required by the plan (or coverage) as a condition of coverage
or payment for all similar benefits provided under the plan (or
coverage).
``(2) Limitation on mandated benefits.--Coverage for
required benefits for prosthetic devices and components under
this section shall be limited to coverage of the most
appropriate device or component model that adequately meets the
medical requirements of the patient, as determined by the
treating physician of the patient involved.
``(3) Coverage for repair or replacement.--Benefits for
prosthetic devices and components required under this section
shall include coverage for the repair or replacement of
prosthetic devices and components, if the repair or replacement
is determined appropriate by the treating physician of the
patient involved.
``(4) Annual or lifetime dollar limitations.--A group
health plan (or health insurance coverage offered in connection
with a group health plan) shall not impose any annual or
lifetime dollar limitation on benefits for prosthetic devices
and components required to be covered under this section unless
such limitation applies in the aggregate to all medical and
surgical benefits provided under the plan (or coverage) and
benefits for prosthetic devices components.
``(d) Definitions.--In this section:
``(1) Prosthetic devices and components.--The term
`prosthetic devices and components' means those devices and
components that may be used to replace, in whole or in part, an
arm or leg, as well as the services required to do so and
includes external breast prostheses incident to mastectomy
resulting from breast cancer.
``(2) Financial requirements.--The term `financial
requirements' includes deductibles, coinsurance, co-payments,
other cost sharing, and limitations on the total amount that
may be paid by an enrollee with respect to benefits under the
plan or health insurance coverage and also includes the
application of annual and lifetime limits.
``(3) Treatment limitations.--The term `treatment
limitations' includes limits on the frequency of treatment,
number of visits, days of coverage, or other similar limits on
the scope or duration of treatment.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to group health plans (and health insurance coverage
offered in connection with group health plans) for plan years beginning
on or after the date of the enactment of this Act.
SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.
(a) Assistance to Enrollees.--The Secretary of Labor, in
consultation with the Secretary of Health and Human Services, shall
provide assistance to enrollees under plans or coverage to which the
amendment made by section 3 apply with any questions or problems with
respect to compliance with the requirements of such amendment.
(b) Audits.--The Secretary of Labor, in consultation with the
Secretary of Health and Human Services, shall provide for the conduct
of random audits of group health plans (and health insurance coverage
offered in connection with such plans) to ensure that such plans (or
coverage) are in compliance with the amendments made by section (3).
(c) GAO Study.--
(1) Study.--The Comptroller General of the United States
shall conduct a study that evaluates the effect of the
implementation of the amendments made by this Act on the cost
of the health insurance coverage, on access to health insurance
coverage (including the availability of in-network providers),
on the quality of health care, on benefits and coverage for
prosthetics devices and components, on any additional cost or
savings to group health plans, on State prosthetic devices and
components benefit mandate laws, on the business community and
the Federal Government, and on other issues as determined
appropriate by the Comptroller General.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall prepare and submit to the appropriate committee of
Congress a report containing the results of the study conducted
under paragraph (1).
(d) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor, in consultation with the
Secretary of Health and Human Services, shall promulgate final
regulations to carry out this Act and the amendments made by this Act. | Prosthetics Parity Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides both medical and surgical benefits and benefits for prosthetic devices and components to provide prosthetics coverage under terms and conditions that are no less favorable than those applicable to substantially all medical and surgical benefits provided under the plan.
Prohibits the prosthetics benefit from being subject to separate or more restrictive financial requirements or more restrictive treatment limitations.
Applies the requirements of this Act separately with respect to in-network and out-of-network benefits.
Requires a group health plan to apply the same prior authorization requirements to the prosthetics benefit as apply for all similar benefits under the plan.
Limits the required prosthetics benefit to the most appropriate device or component that adequately meets the medical requirements of the patient. Includes repair or replacement of prosthetic devices and components within such coverage.
Prohibits a group health plan from imposing any annual or lifetime dollar limitation on benefits for prosthetic devices and components required to be covered under this Act that is not applied in the aggregate to all medical and surgical benefits provided under the plan.
Requires the Secretary of Labor to: (1) assist enrollees with any questions or problems regarding compliance with the requirements of this Act; and (2) conduct random audits of group health plans to ensure compliance.
Requires the Comptroller General to evaluate the effects of this Act, including on the cost of and access to heath insurance coverage. | billsum_train |
Subsets and Splits